UN Committee exceeds mandate in making recommendations to Russian Federation

The Russian Federation appeared before the Committee on the Rights of the Child on January 23^rd and 24^th for their combined 4^th and 5^th review of their level of compliance with the Convention on the Rights of the Child (CRC).

The Russian delegation in presenting their 5-year review to the Committee on the Rights of the Child referred to the current demographic deficit in Russia, which has resulted in a fall in population of around 700,000 people

According to the report the total fertility rate sank as low 1.3 children per woman but with Government assistance has now climbed back to 1.7, which is still below the 2.1 replacement level. According to the report 1.4 million children were born in 2006 and this increased to 1.9 million in 2012.

A number of reports were submitted to the Committee by NGO’S complaining about the Russian laws protecting children from anti family propaganda.

One such report with the title Implementation of the UN Convention on the Rights of the Child and Problem of Children from Vulnerable Groups compiled as a result of collaborative efforts of three Russian organizations: Anti-discrimination Centre Memorial, regional St. Petersburg organization 'Coming Out' and Russian LGBT Network.

EFFECTS OF RUSSIAN ANTI-GAY LAWS ON LGBT CHILDREN AND CHILDREN OF LGBT FAMILIES

As was partially noted in reports on rights of children with respect to sexual orientation and gender identity, submitted to the Committee in 2013 by the Coming Out LGBT organization (hereinafter “Coming Out Report”) and Russian LGBT Network, a range of laws were adopted within the last two years in Russia which restrict the rights of LGBT people, LGBT families and LGBT rights advocates. These laws are as follows:

· Law prohibiting “propaganda of sodomy, lesbianism, bisexualism, transgenderism among the underage” adopted in St.-Petersburg;

· Federal law prohibiting “propaganda of unconventional sexual relationship”30

· Law prohibiting adoption of Russian children by same sex couples from other countries;

There is no reference to any of these issues in the CRC nevertheless this committee once again exceeded its mandate by making recommendations that have no relevance to the Convention.

The Committee’s concluding observations were published on Feb 5^th and contain the following recommendations at paragraphs 24, 25 and 55 and 56 c. 

24. The Committee is also concerned at the recent developments in the legislation of the State party prohibiting “propaganda of unconventional sexual relationship”, generally with the intent of protecting children, which however encourages stigmatization of and discrimination against LGBTI persons, including children, and children of LGBTI families. The Committee is particularly concerned that vague definitions of propaganda leads to the targeting and ongoing persecution of the country’s LGBTI community, including abuse and violence, in particular against underage LGBTI rights activists.

25. The Committee recommends that the State party repeal its laws prohibiting propaganda of homosexuality and ensure that children who belong to LGBTI groups or children of LGBTI families are not subjected to any forms of discrimination by raising the awareness of the public on equality and non-discrimination based on sexual orientation and gender identity.

Adolescent health

55. The Committee is concerned at the high incidence of suicides and large numbers of drug and alcohol addiction among adolescents in the State party. The Committee is also concerned about the reports of coercive treatment of transsexual and homosexual persons, in particular children, and attempt to diagnose transsexuality as psychiatric disease as well as the lack of sexual health information for LGBTI children.

56 (c) Put an end to the coercive treatment of transsexual and homosexual persons, in particular children, and to attempts to diagnose transsexuality as psychiatric disease as well as provide LGBTI children with easy access to necessary sexual health information.

Russian Federation under pressure from Member States and NGO’s at the Human Rights Council in Geneva, on abortion and on laws enacted to protect children from homosexual propaganda.

Geneva: The Human Rights Council on Friday 20th September, considered the report (A/HRC/24/14), of the outcome of the Universal Periodic Review of the Russian Federation which took place in late April and early May.

The process known as the Universal Periodic Review (UPR) permits other Member States and a variety of organizations to make recommendations regarding a country’s human rights record.  Of a total of 231 recommendations, Russia accepted 48 completely, accepted 15 in part and rejected 68 others.

It was notable that among the many recommendations made to Russia there was considerable pressure from other Member States to relax its regional and proposed Federal laws on homosexuality. These recommendations were firmly rejected by Russia.

The pressure on Russia came from 9 EU Member States, two South American Member States along with Canada and Australia. The following recommendation from Belgium gives the tenor of the recommendations, which were made by 13 Member States.

140.88. Rescind regional laws and regulations which favour and tolerate discrimination based on sexual orientation, and refrain from adopting similar laws at the federal level, as well as take measures to prevent the arbitrary use of existing regulations against LGBT rights, including their rights to freedom of expression and peaceful assembly (Belgium);

This recommendation referred to a bill before the Russian Parliament at the time (subsequently approved), aimed at protecting children and family life in Russia by banning homosexual propaganda and is similar to one previously passed by the government of St. Petersburg and other regional bodies. The new law imposes fines of up to $170 on individuals, $1,700 on public officials, and $17,000, on organizations, for exposing minors to propaganda advocating a homosexual lifestyle.

The rejection of these recommendations created an immediate ripple according to the UPR newsletter No. 39 (see link) which says:

The precedent of Russia is one of the most challenging threats to the UPR since its inception in 2008 as it is opening the door for other States to delete all recommendations they perceive as being politically orientated. Legal dispositions of the UPR do not provide for any opportunity for the States under review to remove recommendations. 

Following presentation of the report to the Human Rights Council a number of Member States intervened and a variety of non-governmental organizations made recommendations.

There was limited time in the meeting for some member states to make oral statements; most of them, with the exception of the United Kingdom were encouraging to Russia.

Some NGO’s were given time to make short oral statements before the formal adoption of the outcome report for Russia. The tone of these interventions was much more strident as non-governmental organizations lambasted Russia for its new restrictive laws on Homosexual propaganda and Freedom of assembly.

NGO Speakers included the Centre for Reproduction Rights (CRR), Human Rights Watch, Action Canada for Population and Development, International Lesbian and Gay Association (ILGA), the International Federation of Human Rights Leagues, Amnesty International, the International Commission of Jurists, Reporters without Borders and Freedom House Foundation.

The center for Reproductive Rights congratulated Russia on its acceptance of Slovenia’s recommendation to put in place comprehensive and evidence-based sexual and reproductive health education programs urging Russia to make this a mandatory part of the school curriculum.

The following examples are indicative of the NGO comments

Human Rights Watch said they regretted the fact that Russia had rejected the recommendations to repeal the regional laws banning “homosexual propaganda” in 11 Russian regions as well as what was then a similar federal draft law but which on June 29th had been signed into federal law by President Putin, banning exposing children to “propaganda of nontraditional sexual relationships.”

Action Canada for Population and Development, speaking on behalf of ASTRA Network, complained that Russia has poor access to what they term ‘women’s reproductive rights’ in which they include abortion access. 

'Women's reproductive rights are restricted in Russia, especially in regard to access to modern contraception and family planning services. Access to contraception is limited by a lack of comprehensive information and subsidization from the state budget. […]

The government has still not amended the laws that introduced mandatory waiting periods for women who want to undergo abortions. These waiting periods put women in situations of serious vulnerability and critically limit their access to timely reproductive health services. […] 

In the final analysis Georgy Matyushkin, speaking on behalf of the Russian Federation, accepted only those recommendations, the content and wording of which, was supported by the Russian Government and which could be implemented in practice.

Attempts to reverse Russia's declining population

The Parliamentary Network for Critical Issues (PNCI) reports that Russian Members of Parliament have teamed up with the Russian Orthodox Church to introduce legislation to dramatically reduce abortions. Russia, which according to a 2004 UN survey has one of the world's highest abortion rates at 53.7 per 100 women, also has one of the lowest birth rates.  See report

The proposal would ban free abortions at government clinics, make the morning-after pill only available with a prescription, and require spousal consent for married women and parental consent for adolescents seeking abortions. Yelena Mizulina, sponsor and chair of the State Duma Committee for Women's Affairs, Family and Children, added that the legislation would also institute a week-long waiting period for abortion and create "safe haven" centers for women to leave babies under six months. 

While the Russian Health Ministry's data, reaching 1.3 million abortions in 2009, does show a decline in the numbers of abortions, Mizulina points out that the Ministry does not include abortions at private clinics and from the morning-after pill and suggests the number is closer to 6 million abortions.   

The World Congress of Families has also made arrangements for a major conference on World population decline in Moscow at the end of this month. The first summit on the worldwide phenomenon of rapidly declining birthrates – The Moscow Demographic Summit: Family and The Future of Humankind -- will take place at the Russian State Social University, June 29-30, sponsored by the World Congress of Families. 

World Congress of Families Managing Director Larry Jacobs noted: 

“Russia is ground-zero for demographic winter. With an average birthrate of 2.1 children per woman needed just to replace current population, Russia’s is only 1.2. Little wonder Russia’s population has declined from 148.5 million in 1995 to 143 million today. Some demographers believe it could fall below 120 million by mid-point in this century. Adding to the tragedy, it’s estimated that there are 4 million abortions a year in Russia, and only 1.7 million live births.”