A/HRC/4/19/Add.3
page 9
main policies and programmes reported to him by the Federal and local authorities (section II)
and the issues and concerns presented by the civil society and communities concerned
(section III). Thereafter, the Special Rapporteur presents his assessment and analysis of the state
of racism, racial discrimination, xenophobia and related intolerance in the Russian Federation
(section IV) and concludes with his recommendations (section V).
II. POLITICAL AND LEGAL STRATEGY OF THE PUBLIC AUTHORITIES
A. The legal framework to combat racism and racial discrimination
15. In the view of most governmental officials, the Russian legal framework contains a wide
range of instruments which provide a very solid and comprehensive basis to combat
manifestations of racism, racial discrimination, xenophobia and related intolerance.
16. The 1993 Constitution of the Russian Federation, in addition to the above-mentioned
provision outlawing discrimination on the grounds of social, racial, linguistic or religious
grounds (art. 19), prohibits the establishment of associations and the use of propaganda or
campaigns aiming at the incitement of social, racial, national and religious strife (arts. 13 (5)
and 29 (2)).
17. The 1997 Criminal Code establishes the general principle that motives of national, racial or
religious hatred or enmity constitute an aggravating circumstance leading to an increase in the
severity of the penalty (art. 63 (1)). Specific provisions in this regard are found in the case of
murder (art. 105), intentional infliction of bodily harm - whether grave (art. 111) or moderate
(art. 112) - and infliction of physical or mental suffering (art. 117). Following an amendment
made in 2003, the Code makes explicit reference to the prohibition of discrimination, defined as
violations of rights, freedoms and lawful interests of individuals and citizens on the basis of
gender, race, ethnicity, language, origin, residence or religion (art. 136). Particularly relevant is
the prohibition of actions committed in public or through the use of mass media aiming at the
incitement of national, racial or religious enmity, abasement of human dignity or propagating
exclusion, superiority or inferiority of citizens on national, racial or religious grounds (art. 282).
This provision was amended by the Federal Act on Counteracting Extremist Activities by adding
the offence of organizing or being member of an extremist organization. It is worth mentioning
in this context a provision of the Criminal Code regarding acts of hooliganism defined as a
“gross violation of the public order which expresses patent disrespect for society, accompanied
by the use of violence against private persons or by the threat of its use, and likewise by the
destruction or damage of other people’s property” (art. 213).
18. The Federal Act on Counteracting Extremist Activities provides a definition of extremism
which encompasses the activities of public and religious associations, mass media or individuals
consisting of organizing, carrying out or funding acts aimed at inciting national, racial, religious
and social discord associated with violence or calls for violence; the humiliation of national
dignity; bringing about large-scale disorder, hooligan acts and acts of vandalism for reasons of
ideological, political, racial, national or religious hatred or enmity; and the advocacy of
exclusivity, either superiority or inferiority of citizens, on the grounds of their social, racial,
religious, national and linguistic origin. In addition, it prohibits the propaganda and public