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To the Russian Government
- Cease and desist from all discriminatory statements and actions by state officials against any other national or ethnic group;
- Issue statements at the highest level condemning racism and xenophobia and racist statements or actions of any kind by public officials or private actors;
- Initiate a public information campaign, together with local government and non-governmental organizations, condemning racism in all its forms;
- In accordance with article 2 of the European Convention on Human Rights, initiate investigations into the deaths in custody of Manana Jabelia and Tengiz Togonidze and hold accountable those responsible;
- In accordance with articles 3 and 5 of the European Convention on Human Rights, initiate investigations into all allegations of mistreatment of Georgians by Russian officials and into all allegations of illegal arrest and detention of Georgians and hold accountable those responsible;
- Initiate court review of all recent expulsion orders of Georgians with a view to determining their legality and allowing Georgians with the legal right to live in Russia to return to Russia;
- Issue a standing invitation to the U.N. special rapporteur on the human rights of migrants;
- Sign, with a view to prompt ratification, the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families (Migrant Workers Convention);
- Sign, with a view to prompt ratification, the European Convention on the Legal Status of Migrant Workers.
- Implement the recommendations of the Council of Europe’s European Commission against Racism and Intolerance (ECRI) as detailed in its Third Report on the Russian Federation;
- Implement the recommendations of the Council of Europe’s Parliamentary Assembly Monitoring Committee report, “Current Tensions between Georgia and Russia,” of January 22, 2007, especially those related to the human rights violations occurring in the process of detaining and expelling Georgians from Russia;
- Implement the recommendations issued by the United Nations Committee on the Elimination of Racial Discrimination following its March 2003 review of the Russian Federation;
- Implement the recommendations of the United Nations special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance as detailed in the report on his June 2006 mission to the Russian Federation;
- Implement the recommendations issued by the United Nations Committee against Torture following its November 2006 review of the Russian Federation;
- Undertake a comprehensive review of the system of residence registration in order to ensure that it is in conformity with international standards, paying particular attention to addressing the discriminatory impact of the current system, both in terms of law and practice, and eliminating any provisions which might impede the right to freedom of movement and choice of place of residence within internal borders;
- Ensure that Georgian students legally residing in Russia but recently expelled from Russia have the opportunity to return to Russia to continue their education;
- To the greatest extent possible, in cooperation with the Georgian diplomatic mission in Russia, assist those Georgian citizens who had been legally expelled, as well as those who cannot or will not return, to retrieve any property remaining in Russia, or to be compensated for property remaining in Russia;
- Ensure without exception the fundamental rights of the detained, including the right to a fair trial, the right to counsel, the right to be informed of the charges against them;
- Undertake immediate measures to improve conditions of detention in special reception centers for foreigners to ensure their compliance with international standards for the treatment of detainees. Every facility should be capable of guaranteeing sufficient space in cells, proper nutrition, clean water in plentiful supply, basic sanitary conditions, medical treatment, access to light and fresh air, regular access to exercise, regular access to attorneys, and regular family meetings.
- Consider individual claims for international protection of Georgians from Abkhazia residing in Russia and all other persons potentially in need of protection in accordance with the 1951 Convention Relating to the Status of Refugees before deporting or expelling them.
To the United Nations
- UNHCR should put additional efforts into assisting Georgia in providing for internally displaced Georgians from Abkhazia, who have been returned to Georgia.
- The special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance should take into account this report’s findings in his follow-up monitoring and reporting of the Russian government’s implementation of the recommendations detailed in his June 2006 report.
- The Parliamentary Assembly Monitoring Committee should make racism and xenophobia in Russia and treatment of migrants a focus of its upcoming assessment of Russia’s progress in implementing its obligations and commitments stemming from its Council of Europe membership, with specific recommendations for steps to address them.
- Make Russia’s immediate implementation of measures to combat the serious and menacing problems of racism and xenophobia an integral part of bilateral dialogues with the Russian government on human rights concerns.
- Provide support to NGOs engaged in monitoring and reporting on racism and xenophobia and the rights of migrants.
October 2007
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