Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - Russian Federation (Ratification: 1998)

Article 1(a) of the Convention. Sanctions involving the obligation to work as a punishment for the expression of political views or views ideologically opposed to the established political, social or economic system. Act of 2002 on Combating Extremism, No. 114-FZ, and the Penal Code. The Committee previously noted that the extremism-related offences provided for in sections 280 (public appeal to perform extremist activities), 282.1 (establishment of an extremist group) and 282.2 (organization of activities of an extremist group) of the Penal Code, in conjunction with the Act of 2002 on Combating Extremism, No. 114-FZ, are punishable with, among other things, penalties involving compulsory labour, including penalties of deprivation of liberty or sentences of compulsory work.

The Committee notes the Government’s indication in its report that courts impose sanctions for committing acts of an extremist nature depending on their gravity. The Committee also notes that the United Nations Human Rights Committee, in its 2022 concluding observations, expressed concern about the frequent use of the Act of 2002 on Combating Extremism, No. 114-FZ, to target political opponents, human rights defenders, journalists, religious communities, artists and lawyers to limit civic space, including freedom of expression (CCPR/C/RUS/CO/8).

The Committee further notes the introduction by the Federal Act of 4 March 2022, No. 32-FZ, of the following sections into the Penal Code, which establish sanctions involving compulsory labour:

• section 207.3 (public dissemination of knowingly false information about the armed forces of the Russian Federation; the exercise of powers by the state bodies; the provision by volunteer formations, organizations or persons of assistance in the performance of tasks assigned to the armed forces of the Russian Federation);
• section 280.3 (public actions aimed at discrediting the use of the armed forces of the Russian Federation to protect the interests of the Russian Federation and its citizens, to maintain international peace and security; the exercise of powers by the state bodies; the provision by volunteer formations, organizations or persons of assistance in the performance of tasks assigned to the armed forces of the Russian Federation).

In this respect, the Committee notes that the United Nations Special Rapporteur on the situation of human rights in the Russian Federation, in her 2023 report, noted the broad, vague and imprecise wording of section 207.3 of the Penal Code and disproportionate prison sentences for the legitimate exercise of the right to freedom of expression (A/HRC/54/54). The Committee further notes that the United Nations Working Group on Arbitrary Detention, in its opinion No. 78/2022, concluded that the detention of a human rights defender sentenced to deprivation of liberty under section 207.3 of the Penal Code was arbitrary (A/HRC/WGAD/2022/78). In another opinion No.76/2023, the United Nations Working Group on Arbitrary Detention noted the vague and overly broad provisions of section 280.3 of the Penal Code and concluded that deprivation of liberty of a person convicted under that section was arbitrary (A/HRC/WGAD/2023/76). Moreover, the United Nations Human Rights Committee requested the Government to repeal sections 207.3 and 280.3 of the Penal Code, which unduly restrict freedom of expression (CCPR/C/RUS/CO/8).

The Committee recalls that the underlying rationale of Article 1(a) of the Convention is to protect persons who, in the exercise of the right to freedom of expression or other related civil liberties, express political views or views ideologically opposed to the established political, social or economic system, by establishing that they cannot be punished by sanctions involving an obligation to work. The Committee has previously pointed to situations in which restrictions to these rights and liberties are justified and do not fall within the purview of Article 1(a); for example, situations where the expression of views opposed to the established system take place through recourse to violence or incitement to violence are outside the scope of the protection granted by the Convention. The Committee has also recalled that, as recognized by universal and regional human rights bodies, any restriction to the rights of freedom of expression and assembly should meet the requirements of legality, necessity and proportionality (2023 general observation on Convention No. 105).

The Committee notes with deep concern the use of various provisions of the national legislation to prosecute and convict persons who express opinions and views ideologically opposed to the established political, social or economic system, which have led or may lead to the imposition of sanctions involving compulsory labour. The Committee strongly urges the Government to take immediate and effective measures, both in law and practice, to ensure that no one who expresses political opinions or views ideologically opposed to the established political, social or economic system, can be sentenced with sanctions involving compulsory labour.The Committee particularly urges the Government to take the necessary measures: (i) to ensure that the provisions of the Penal Code punishing extremism-related offences are applied in such a manner that no penalty involving compulsory labour can be imposed on persons who peacefully express political views or views ideologically opposed to the established political, social or economic system; and (ii) to amend sections 207.3 and 280.3 of the Penal Code by clearly restricting the scope of these provisions to effective and concrete threats to public order, or the use or threatened use of violence, or by repealing sanctions involving compulsory labour, such as the sanctions of deprivation of liberty and compulsory work. Lastly, the Committee urges the Government to ensure the immediate release of any person convicted to sentences entailing compulsory labour, for peacefully expressing political views or opposing the established political, social or economic system.

Federal Act No. 65-FZ of 8 June 2012 amending Federal Act No. 54-FZ of 9 June 2004 on assemblies, meetings, demonstrations, marches and picketing, and the Code on Administrative Offences. Following its previous comments, the Committee notes with deep regret the absence of specific information on the application in practice of sections 20.2 (violation of the established procedure for organizing or holding an assembly, rally, demonstration, march or picketing) and 20.18 (blocking transport communications) of the Code on Administrative Offences. The Committee also notes that the United Nations Special Rapporteur on the situation of human rights in the Russian Federation, in her 2023 report, indicated the widespread arrest and detention of largely peaceful protesters (A/HRC/54/54). Moreover, in their joint communication of 28 March 2022, the United Nations independent human rights experts expressed concern about the reports of arrests and the detention of thousands of protesters for the legitimate exercise of their right to freedom of expression and of peaceful assembly (AL RUS 3/2022).

The Committee requests the Government to ensure that the application in practice of sections 20.2 and 20.18 of the Code on Administrative Offences does not lead to the imposition of sanctions involving compulsory labour on protesters and human rights defenders who express their dissent or criticism of the authorities peacefully. The Committee further requests the Government to provide information on the application of sections 20.2 and 20.18 of the Code on Administrative Offences in practice, including any prosecutions brought or court decisions handed down, indicating the penalties imposed and the facts that led to convictions.

The Committee is raising other matters in a request addressed directly to the Government.