About This Report
Laws of Attrition
April 24, 2013

Recommendations

To the Russian Government

Bring Legislation into Line with Russia’s International Legal Obligations :

  • Repeal provisions of Law No. 121-FZ (the “foreign agents” law) requiring organizations that accept foreign funding and engage in “political activities” to register as “foreign agents”;
  • Repeal the amendment to article 151 of the Criminal Code broadening the definition of treason;
  • Repeal provisions of Law No. 272-FZ  (the “Dima Yakovlev law”) that allow for the suspension of nongovernmental organizations and the freezing of their assets;
  • Repeal article 128.1 of the Criminal Code, reinstating criminal responsibility for libel;
  • Amend any other laws regulating NGOs, including Law No. 18-FZ,  that create excessive administrative and legislative barriers to NGO work; for example, repeal articles that allow officials to order an unlimited number of inspections;
  • In the meantime, desist from implementing laws that contradict Russia’s international human rights obligations and immediately stop using inspections to harass, intimidate, and discredit civil society groups;
  • Revise Law No. 65-FZ (the assembly law), in line with recommendations by the Council of Europe Venice Commission, ensuring in particular that any sanctions for violations are proportionate and do not create undue obstacles to freedom of assembly;
  • Repeal the Law No. 139-FZ on Internet governance. In the interim publish the list of websites that contain banned content, publish regulations on how government agencies will evaluate content, and invite and take under due consideration public input into such regulations.

Demonstrate Commitment to International Human Rights Obligations:

  • End the rhetoric aimed at stigmatizing NGOs and creating a hostile atmosphere for civil society;
  • Immediately and unconditionally release Pussy Riot group members Maria Alyokhina and Nadezhda Tolokonnikova;
  • Investigate whether the unannounced, last minute change by Moscow city police regarding the venue for the May 6, 2012 protest infringed on the right to freedom of assembly and contributed to the endangerment of public order;
  • Release, pending trial, those charged in connection with the Bolotnaya events;
  • Stop using force to break up peaceful assemblies, regardless of whether they are sanctioned, if they are not disrupting public order; stop arresting protesters in such situations;
  • Launch a comprehensive investigation into the circumstances by which political opposition activist Leonid Razvozzhaev was brought from Ukraine to Russia;
  • Cooperate fully with the special procedures of the United Nations Human Rights Council, including by issuing a standing invitation for country visits and responding positively to pending requests for access by the UN special rapporteurs on the protection of human rights defenders, on freedom of association and assembly, and on freedom of expression to Russia;
  • Accept recommendations, made in the context of the Universal Periodic Review of Russia at the Human Rights Council, to repeal or revise legislation affecting the work of NGOs and to stop obstructing human rights work.

To Russia’s International Partners, Particularly the United Nations, the Council of Europe, and European Union, and Other Concerned States

  • Seize every opportunity to raise, in public and in private, serious concerns about the crackdown on civil society in Russia and call on the Russian government to take the steps listed above, and more generally to foster an environment in which civil society can operate freely;
  • Point out to the Russian government that official harassment of NGOs and restrictions imposed by new laws on NGOs will make Russia vulnerable to litigation at the European Court of Human Rights;
  • Step up public contacts with civil society in Russia on the occasion of high-level meetings with Russian authorities;
  • During debates at the UN Human Rights Council (HRC), voice concern about the gravity of the recent restrictive legislative reforms and the ongoing harassment of NGOs and identify ways to monitor Russia’s compliance with its obligations and with the March 2013 HRC Resolution on Protecting Human Rights Defenders;
  • The United Nations Special Rapporteur on the protection of human rights defenders should give particular attention to the implementation by Russia of relevant HRC resolutions and of her recommendations on the use of legislations affecting human rights defenders;
  • Donors should provide support to Russian NGOs and be especially sensitive to their legal and other needs in the current, hostile environment; they should help groups cover legal costs associated with compliance with new requirements imposed by legislation and adapt funding policies to the new legal environment.

Specific Additional Recommendations to the Council of Europe:

  • The Parliamentary Assembly should hold an urgent debate regarding Russia’s implementation of its obligations under the European Convention;
  • The secretary general of the parliamentary assembly should request that the Venice Commission examine the “Dima Yakovlev Law,” the Internet content law, and the law reinstating criminal liability for libel, with a view to determining their compliance with Russia’s obligations under the European Convention;
  • The secretary general should raise concern with the Russian authorities about the questions the sweeping crackdown on civil society raises about Russia’s commitments to upholding Council of Europe standards and urge the authorities to reverse course;
  • The commissioner for human rights should follow up on his April 2013 statement marking concerns about the impact on NGOs of the “foreign agents” law, the “official rhetoric stigmatizing NGO work,” and the inspection campaign; he should continue to engage Russian authorities on the need to address these concerns as a matter of priority.

Specific Additional Recommendations to the European Union (including EU Member States, the European External Action Service, the European Commission, and the European Parliament):

  • In line with commitments made in the EU Strategic Framework on Human Rights and Democracy, the European Union should articulate a unified policy towards Russia that commits the 27 EU  Member States and EU  institutions to a strong and principled common message on the role of human rights in the EU-Russia relationship and the need  to end the crackdown on freedom of expression, assembly, and association in Russia;
  • As recommended by a European Parliament recommendation, this common message should be articulated in EU Foreign Affairs Council conclusions;
  • Use every opportunity to convey that the EU and Russia have a shared interest in ensuring the rule of law in Russia and a shared interest in ensuring that Russia meets its international human rights obligations.