RUS 002 / 0314 / OBS 022
Discrimination /
Violation of the right to
freedoms of assembly and association
Russian Federation
March 21, 2014
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in the Russian Federation.
Brief description of the situation:
The Observatory has been informed by reliable sources about discriminatory acts, including violations of the right to freedom of association and assembly performed against members of the Russian Lesbians, Gays, Bisexuals and Transexuals (LGBT) Network, because of the nature of the human rights they defend.
According to the information received, on February 25, 2014, the administration of the Hilton Worldwide franchise hotel in Moscow unilaterally cancelled all existing agreements and bookings which had been made for members of the Russian LGBT Network in the framework of two events planned by the organisation in Moscow, without providing any official explanation. The Network had planned a Round-table on “Principles of Open Dialogue about the Social and Legal Situation of LGBT People in Russia” to be held on February 27 as well as a meeting of the Interregional Board of the Russian LGBT Network to be held on March 1 and 2, 2014.
Because of the cancellation made by the Hotel Hilton Moscow Leningradskaya, the two events planned by the Russian LGBT Network in Moscow were seriously disrupted.
On March 4, 2014, the Russian LGBT Network sent an official letter to Mr. Christopher J. Nassetta, President and Chief Executive Officer of Hilton Worldwide, and to Mr. Simon Vincent, a member of the Hilton Executive Committee, to denounce the discrimination performed by the Hilton Moscow Leningradskaya and ask for public apology, monetary compensation.
On March 10, 2014, Mr. Nassetta, CEO of Hilton Worldwide, responded to Mr. Larry Poltavstev, President of the international NGO Human Rights Spectrum, which had also denounced on February 26, 2014 the cancellation made by Hilton Leningradskaya Moscow, that Hilton Worldwide believed that their franchise hotel partner in Moscow had acted according to its own interpretation of local laws, as it is entitled to.
On March 13, 2014, Mr. Nassetta replied to the Russian LGBT Network, apologizing for “any distress this situation caused” and renewing his support to the LGBT community. However, he stressed that Hilton Worldwide believes that its partner in Russia was acting “in accordance with the local laws”, and that they expect each of their franchisees “to comply with laws in every jurisdiction where they operate”. As a gesture of good will, Mr. Nassetta agreed to cover the financial loss incurred by the Russian LGBT Network.
The Observatory expresses its concern for the discriminatory impact on the right to freedom of assembly and of association of the anti-LGBTI Law of July 2013, which prohibits “propaganda on non-traditional sexual relations”, jeopardizing further the work of LGBT activists.
The Observatory considers that reliance on discriminatory local laws cannot be used by the Hilton Worldwide Direction as a proper justification for allowing its franchisees to perform unilateral acts impeding LBGT rights defenders’ activities and recalls that this law contravenes international standards binding the Russian Federation.
More generally, the Observatory denounces acts of discrimination repeatedly faced by LGBT defenders in the Russian Federation and calls on the authorities to take necessary measures to ensure that LGBT rights defenders can carry on their peaceful activities without discrimination or harassment.
Actions requested:
Please write to the authorities of Russian Federation, urging them to:
i. Put an end to any act of discrimination and harassment against LGBT rights defenders in the Russian Federation, and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance;
ii. Comply with the provisions of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, especially:
– its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”,
– and Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
iii. Comply with the provisions of the Declaration of the Committee of Ministers of the Council of Europe on the protection of human rights defenders and the promotion of their activities, and in particular With Article 2.i), in which the Committee calls on member States to “create an environment conducive to the work of human rights defenders, enabling individuals, groups and associations to freely carry out activities, on a legal basis, consistent with international standards, to promote and strive for the protection of human rights and fundamental freedoms without any restrictions other than those authorized by the European Convention on Human Rights;
iv. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by the Russian Federation.
Addresses:
· Mr. Vladimir Putin, President of the Russian Federation, Ilinka Str, 23, Moscow, 103132, Moscow, Russian Federation. Faxes: + 7 495 606 5173 / 630 2408
· Mr. Yurii Ya. Chaika, Prosecutor General, 15 A, Bolshaia Dmitrovka 125993 Moscow, Russian Federation. Fax: +7 495 692 17 25, Email: prgenproc@gov.ru
· Mr. Vladimir Kolokoltsev, Minister of the Interior, Ulitsa Zhitnaya, 16, 117049 Moscow, Russian Federation. Fax: + 7 495 637 49 25
· Mr. Alexander Konovalov, Minister of Justice, 14, ul. Zhitnaya, 119991 Moscow, Russian Federation. Fax: +7 495 955 59 99. Electronic appeals via website: http://minjust.ru/electronic-appeal/email
· Mr. Sergey Lavrov, Minister of Foreign Affairs, Smolenskaya-Sennaya pl, 32/34, 121200 Moscow, Russian Federation. Fax: + 7 495 644 2203
· Ms. Ella Pamfilova, Ombudsman of the Russian Federation. E-mail: press-sl@ropnet.ru
· Mr. Mikhail Fedotov, Head of the Council under the President for development of civil society and human rights. Fax: +7 495 606-48-55. E-mail: president-sovet@mail.ru, fedotov_MA@gov.ru
· H.E. Mr. Alexey Borodavkin, Ambassador, Permanent Mission of the Russian Federation to the United Nations in Geneva, Avenue de la Paix 15, CH-1211, Geneva 20, Switzerland. Fax: +41 22 734 40 44, E-mail: mission.russian@vtxnet.ch
· Ambassador Mr. Alexander Romanov, Embassy of the Russian Federation in Brussels, 66, avenue de Fre, Brussels, 1180 Brussels, Belgium. Fax: +32 2 374 26 13. E-mail: amrusbel@skynet.be
· Ambassador Mr. Alexander Alekseev, Permanent Representation of the Russian Federation to the Council of Europe, 75, allee de la Robertsau, 67000 Strasbourg, France. Fax: (+33) (0) 3 88 24 19 74. Email: representationpermderussie@wanadoo.fr
Please also write to the diplomatic mission or embassy of the Russian Federation in your respective country.