Die UNO und die Sans-papier

Guten Tag!
Im Anschluss an den Besuch der Repräsentanten von Nochlezhka, Maxim Egorov und Zoia Slovieva, in Genf vom 10. bis zum 13. Mai und ihre Intervention vor der UNO (lesen Sie die News zu ihrem Besuch) finden Sie nun die Empfehlungen des UNO-Ausschusses für wirtschaftliche, soziale und kulturelle Rechte (CESCR) an die Russische Föderation. Die Empfehlungen beziehen sich auf den Bericht, den die Mitgliedsstaaten des CESCR nach Paragraph 16 und 17 des Abkommens jährlich zu erstatten haben.
Der Rapport ist auf englisch und französisch einsehbar.
Sie finden im Anschluss Auszüge jener Empfehlungen, die für Nochlezhka relevant sind. Wie erfreulicherweise feststellbar, hat der UNO-Ausschuss die Problematik der Sans-papier zum Thema gemacht.
Diese ist eine Premiere, wie Maxim Egorov, der Präsident von Nochlezhka, betont, der vor seiner Rückkehr nach Russland in „Gauche Hebdo“ ein Interview gegeben hat.
Es bleibt nun, sicher zu stellen, dass den Empfehlungen des UNO-Ausschusses Taten folgen und dass es nicht bei einer Liste guter Intentionen bleibt.
Tatsächlich stellt sich nämlich bei der Lektüre des vorhergehenden Rapports der UNO zu Russland heraus, dass 7 der Empfehlungen des Ausschusses nicht umgesetzt worden waren.

N.S.S.

C. Principal subjects of concern and recommendations
P. 2
5. The Committee is concerned that the information provided with regard to the work of the Office of the Human Rights Commissioner of the Russian Federation does not allow a full assessment of the effectiveness of its work, in particular it does not provide data disaggregated by sex, or disadvantaged and marginalized groups such as persons with disabilities, Roma, homeless, undocumented persons, ethnic minorities, forcibly displaced persons, migrants, refugees and asylum seekers. The Committee is also concerned that the large number of refused petitions (half of petitions received on a yearly basis) shows either a lack of dissemination of information about the way in which the Office of the Human Rights Commissioner works, or that the requirements for acceptance of petitions do not meet the needs of those who are mostly in need of the Office as a valid alternative to judicial and administrative forms of remedies.

P. 3-4
8. The Committee remains concerned about reports that, in practice, the enjoyment of many rights and benefits still depends on registration, despite the adoption of the Federal Act No. 5242-1 of 1993 on the right of citizens of the Russian Federation to freedom of movement and freedom to choose their place of residence within the boundaries of the Russian Federation (art 2.2).
The Committee urges the State party to take effective measures, legislative or otherwise, to ensure in practice that the lack of residence registration and other personal identity documents does not hinder the enjoyment of economic, social and cultural rights in accordance with the Covenant. The Committee further recommends the State party 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 in the State party.

P. 6
17. The Committee remains concerned, in spite of the efforts being undertaken, including the ratification of the treaty on protection of Migrant Workers with Uzbekistan on 28 June 2009, about the high levels of the informal economy in the State party and that illegal migration of labour is widespread, which means that a large number of people work without legal and social protection (art. 7).
The Committee encourages the State party to continue its efforts to protect the Covenant rights of workers in the informal labour market. The Committee also calls upon the State party to continue to undertake effective measures to regularize the situation of illegal immigrants and reduce the number of workers outside the formal economy, in order to limit the gaps in the protection accorded to them. These measures should include, but not be limited to the following:

(a) Increase the flexibility of the registration and quota system, including by enabling migrants to legalize their stay on a declaratory basis and to obtain work permits for longer periods (three to five years) with the subsequent possibility of the regularization of their permanent residence in the country;

(b) Ensure that migrant workers have access to effective appeals against orders of deportation and that detention and deportation of migrant workers are made in full compliance with Russia’s human rights obligations;
(c) Exercise strict control over private entities to ensure respect for just, equally favorable social and employment conditions for migrant workers;

(d) Increase the flexibility of access of migrant workers to the system of social benefits of the State party.
In this regard the Committee further invites the State party to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

P. 7-8
24. The Committee remains concerned about the large numbers of children who live and work on the streets, in particular in the informal sector where they are vulnerable to abuse, including sexual abuse, and to other forms of exploitation to such an extent that regular school attendance is severally restricted (art. 10).
The Committee urges the State party to take all necessary measures to ensure the protection of children from social and economic exploitation.

The Committee urges the State party, to intensify its efforts to, inter alia:

(a) Take effective measures to address the root causes of the phenomenon of street children;
(b) Take effective and appropriate measures to ensure that street children have access to education, shelter and health care;
(c) Address the sexual abuse and other exploitation of street children through the prosecution of perpetrators of abuse and the reintegration of victims into society;

The Committee recommends the State party to include information, in its next periodic report, on the measures taken to address the situation of street children and any progress made in this respect.

26. The Committee remains concerned that, in spite of the efforts undertaken by the State party, an estimated 18.7 million people, or 13.3 per cent of the population, are denied an adequate standard of living and continue to live below the poverty line (art. 11).
The Committee encourages the State party to continue to allocate resources to combat poverty and promote an adequate standard of living for all, and to continue to reduce the number of persons below the subsistence level down to 4-8 million by the next periodic report.  The Committee further recommends the State party to adopt a national strategy integrating economic, social and cultural rights to combat poverty in line with the Committee statement on poverty and the international Covenant on economic, social and cultural rights (2001).

27. The Committee remains concerned, in spite of the efforts undertaken, about the problem of homelessness in the State party (art. 11).
The Committee encourages 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.

P.9
31. The Committee is concerned about reports that in many cases victims of maltreatment in hospitals or by physicians have not been able to receive redress either administratively or judicially (art. 12).
The Committee recommends that in its next periodic report the State party gives fuller details regarding alleged cases of maltreatments brought against healthcare institutions and physicians in court proceedings, showing how successful such proceedings have been and the figures per year dealt with during the reporting cycle.

P.10
37. The Committee requests the State party to provide data on the right to health issues based on health indicators on an annual basis and disaggregated according to the prohibited grounds of non-discrimination in its next periodic report (art.12).

38. The Committee requests the State party to disseminate the present concluding observations, widely among all levels of society, in particular among State officials, the judiciary and civil society organizations, to translate into the main minority languages spoken in the Russian Federation, and publicize them as far as possible, and to inform the Committee on the steps taken to implement them in its next periodic report.

It also encourages the State party to continue engaging national human rights institution, non-governmental institutions and other members of civil society in the process of discussion at the national level prior to the submission of its next periodic report.