DFM YAKOVENKO SAYS MOSCOW WELCOMES FRANK

C O N F I D E N T I A L SECTION 01 OF 02 MOSCOW 006820

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/27/2016
TAGS: PHUM PGOV PREL RS
SUBJECT: DFM YAKOVENKO SAYS MOSCOW WELCOMES FRANK
DISCUSSION OF HUMAN RIGHTS RECORD


Classified By: Minister-Counselor for Political Affairs Kirk Augustine.
Reasons 1.4 (B/D).


1. (C) SUMMARY: In a meeting with a visiting delegation
from the U.S. Commission on International Religious Freedom
June 24, Deputy Foreign Minister Aleksandr Yakovenko:

-- Welcomed frank discussion of Russia's human rights record,
emphasizing that his ministry routinely facilitated visits by
foreign delegations and special rapporteurs;

-- Said he was personally pleased that Russians were winning
cases (and monetary settlements) at the European Court of
Human Rights, as that would force correction of weaknesses in
the domestic Russian system;

-- Asserted that the number of "hate crimes" against ethnic
and religious minorities had not increased in Russia in
recent years, despite media reports that suggested the
contrary;

-- Said the MFA had taken a lead role within the GOR in
ensuring that the recently enacted law governing NGO activity
met international standards; and

-- Supported creation of the UN Human Rights Council but
hoped it could avoid becoming politicized or engaged in
"double standards." END SUMMARY.
.
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RUSSIA'S HUMAN RIGHTS RECORD
============================


2. (C) Deputy Foreign Minister Aleksandr Yakovenko told a
visiting delegation from the U.S. Commission on International
Religious Freedom (USCIRF) June 24 that Russia welcomed frank
discussion on its human rights record. (NOTE: Septel
discusses the Commission's meeting with Federal Registration
Service head Sergey Movchan.) Yakovenko, whose duties
include oversight of Russia's relations with the UN and
humanitarian affairs, including coordination with NGOs
involved in promoting human rights and civil society
development, assured the USCIRF delegation that human rights
and religious freedom were top GOR priorities. He said the
MFA, in collaboration with the office of Human Rights
Ombudsman Vladimir Lukin, routinely coordinated visits to
Russia by officials like Doudou Diene, the UN Special
Rapporteur on Racism, who had just concluded a visit last
week. The Ministry also worked closely with the Council of
Europe (COE) and regularly hosted briefings for NGO
representatives (approximately every 1-2 months) to explain
official policies or discuss specific issues like the
recently enacted law governing NGO activity.


3. (C) Yakovenko's personal view was that the number of
cases involving abuse of ethnic or religious minorities has
remained fairly constant in recent years, despite several
disturbing incidents in Moscow and other large cities. In
his view, increased media coverage -- which was a "good
thing" -- had led to the perception that attacks against
minorities had increased. Yakovenko insisted that animosity
against ethnic and religious minorities was not a strong
sentiment in Russian society, although he acknowledged that
attitudes differed in some regions of the country. In any
case, it was a situation that the GOR could not allow to get
out of hand because it could affect the peace and stability
of Russia's multi-ethnic society. President Putin had
addressed the issue on several occasions. Yakovenko said he
was confident that with the help of the Duma (many of whose
deputies were members of ethnic and religious minorities),
along with the monitoring roles of the Public Chamber, human
rights NGOs, and the media, the situation would remain under
control and gradually improve. He added that the
government's institutional response to incidents of abuse had
become more efficient. In this respect, Yakovenko said he
was pleased personally to see that many Russians, including
Chechens, had won decisions against the GOR in the European
Court of Human Rights (ECHR). The Government was being
ordered to pay compensation to some claimants, which he
thought would encourage better performance on human rights
issues by governmental organizations. Yakovenko noted that
the number of cases involving Russia before the ECHR was
currently around 6000.
.
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NGO LAW
=======


4. (C) With respect to the NGO law that went into effect in
April, Yakovenko asserted that the MFA had taken a lead role
in ensuring that it met international standards. Among other

MOSCOW 00006820 002 OF 002


things, the Ministry had voiced its concern that the law be
applied fairly and objectively. The MFA had also arranged
for officials from the Ministry of Justice and other GOR
agencies involved in the law's implementation to consult with
COE experts in Strasbourg. Yakovenko added that a Russian
NGO had been commissioned to draft a report comparing
provisions of the new law with those of other European
countries, which he promised to make available to the USCIRF.
He also maintained that the Public Chamber would monitor the
law's implementation. Ultimately, he said, individual NGOs
could appeal negative decisions by the GOR's Federal
Registration Service (FRS) in court, and potentially to the
ECHR. Yakovenko acknowledged, however, that the GOR, and the
FRS in particular, could have clarified prospective
procedures earlier and more transparently to lessen anxiety
among NGOs.
.
=======================
UN HUMAN RIGHTS COUNCIL
=======================


5. (C) Turning to the UN Human Rights Council (UNHRC),
Yakovenko said Russia welcomed the creation of the new body
but was disappointed that the U.S. was not currently
represented. He thought the U.S. approach in not immediately
seeking election to the body was wrong, since the UNHRC was a
"serious organization that would deal with serious issues."
It needed the U.S. voice. Yakovenko said the GOR hoped the
new body would avoid becoming politicized and refrain from
engaging in "double standards." He added that the UNHRC
should retain some of the procedures of the former
Commission, including welcoming NGO participation in some of
the Council's activities. Referring to the first session of
the UNHRC in Geneva, Yakovenko observed that the Non-Aligned
Movement had already sought -- as it had often tried with the
Commission -- to focus the Council's attention on economic
and social rights, partly to deflect attention from
traditional human rights. He was optimistic that the
Council's members would establish a solid structure and
direction for the new organization prior to the close of the
first session on June 30.
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COMMENT
=======


6. (C) Yakovenko went out of his way to meet with the USCIRF
delegation on a Saturday in a darkened MFA building, and
devoted over an hour to the meeting. He was upbeat
throughout the meeting and eager to present the Ministry of
Foreign Affairs -- and Russia -- in a positive light.
Although we have little doubt that the Ministry did what it
could to ensure that the NGO law met basic international
standards, the chief concern pertains to how fairly and
impartially the law will be applied, especially with regard
to politically sensitive organizations. Moreover, the
reality is that the MFA carries relatively little weight in
Russia's domestic policy establishment, where the extent and
nature of the NGO law's implementation will be determined.
BURNS