Economic, Social and Cultural Rights of Homeless and Unregistred individuals
The Committee encouraged the State party to step up its efforts to address the problem of homelessness, including by ensuring that adequate resources are set aside for the provision of social housing, with priority given to the most disadvantaged and marginalized groups, including the forcibly displaced persons and the Roma. It noted that, in spite of the efforts undertaken by the Russian Federation, an estimated 18.7 million people, or 13.3 per cent of the population, are denied and adequate standard of living and continue to live below the poverty line.
Despite the adoption of a federal act on freedom of movement of citizens and freedom to choose their place of residence within the Russian Federation, the enjoyment of social rights and benefits still depends on registration. Consequently, our organisations welcome the fact that the Committee urged the Russian Federation to ensure that the lack of residence registration and other documents does not hinder the enjoyment of economic, social and cultural rights in accordance with the Covenant.
The Committee further recommended the Russian Federation to adopt a single registration number for each of its citizens that may give access everywhere on its territory to the enjoyment of all social benefits accorded in the State party irrespective of the place of registered residence or lack thereof, in particular with regard to the homeless, Roma and other categories of disadvantaged or marginalized groups.
Access of minorities, in particular Roma, to Economic, Social and Cultural rights
The Committee also expressed its concern at the continued absence of a federal plan of action addressing the social and economic marginalization of the Roma, the eviction of Roma from their dwellings, and the destruction of such dwellings, often ordered without provision of alternative housings.
But our organisations regret that the Committee did not call the Russian Federation to register Roma settlements and to their access to water, electricity and gas as well as to integrate the Roma population in decision-making processes regarding development and infrastructure projects which affect their right to housing.
Moreover, our organisations regret that the Committee did not tackle the difficulty of access to education for Roma children and the low quality of the formal education they receive, as Roma children are often put in so-called “Gypsy classes” or “Gypsy schools” with a much lower level of education that other classes or schools, and drop out from school quickly because of a lack of money and of registration.
More generally, our organisations welcome the decision of the Committee to call upon the Russian Federation to adopt a general basic law prohibiting all forms of discrimination in its territory, noting that the laws already in existence only prohibited discrimination in specific areas.
Working conditions and legal situation of migrant workers
The Committee expressed its concern at the high level of informal economy in the Russian Federation and at the fact that illegal migration of labour is widespread, which means that a large number of people work without any legal and social protection.
The Committee encouraged the Russian Federation to protect the Covenant rights of workers in the informal labour market and to regularize the situation of illegal immigrants in order to increase their protection. Among these measures, the Committee - following ADC Memorial’s report - recommended to increase the flexibility of the registration and quota system, to ensure that migrant workers have access to effective appeals against orders of deportation, to exercise strict control over private entities to improve employment conditions for migrant workers, and to increase the flexibility of access of migrant workers to the system of social benefits of the State party.
In this regard the Committee further invited the State party to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
But our organisations regret that their recommendation to implement effective prosecutions against employers using forced labour or servitude, following articles 127-1 (trafficking of human beings) and 127-2 (use of forced labour) of the Penal Code, and to sign and ratify the European Convention on the Legal Status of Migrant Workers, were not tackled by the Committee.