E/C.12/RUS/CO/6
12.
The Committee recommends that the State party:
(a)
Strengthen the regulatory framework for companies operating in the
State party, and those domiciled under its jurisdiction acting abroad, to ensure that
their activities do not negatively affect the enjoyment of economic, social and cultural
rights;
(b)
Develop a national plan of action on business and human rights to
implement the Guiding Principles on Business and Human Rights;
(c)
Take all necessary measures to ensure the legal liability of companies
based in, or managed from, the State party’s territory regarding violations of
economic, social and cultural rights resulting from their activities conducted abroad.
13.
The Committee draws the State party’s attention to its general comment No. 24
(2017) on State obligations under the International Covenant on Economic, Social and
Cultural Rights in the context of business activities.
Right to freely dispose of natural wealth and resources
14.
The Committee is concerned at new amendments in legislation further weakening
indigenous peoples’ land rights in addition to the fact that, until today, protected territories
under the Law on the Territories of Traditional Nature Use of Small Indigenous Peoples of
the North, Siberia and the Far East have not been formally recognized at the federal level,
despite 500 of them having been created at the regional level. The Committee is also
concerned at the limited prior consultation with indigenous peoples, especially in the
context of extractive activities carried out on lands owned or traditionally used by them.
The Committee is concerned that the requirement of free, prior and informed consent of
indigenous peoples is rarely complied with in practice (art. 1.2).
15.
The Committee recommends that the State party:
(a)
Establish, without further delay, federally protected territories under the
Law on the Territories of Traditional Nature Use of Small Indigenous Peoples of the
North, Siberia and the Far East, and repeal or amend any legal provisions that have
the effect of weakening indigenous peoples’ land rights, while guaranteeing
meaningful consultation in practice with the concerned peoples on any decision that
affects them;
(b)
Take effective measures to ensure compliance with the requirement of
free, prior and informed consent of indigenous peoples, notably in the context of
extractive activities;
(c)
Improve the legislative and institutional provisions relating to projects
for the exploitation of natural resources, in consultation with indigenous peoples, and
strengthen the capacity of the State party to oversee extractive industries to ensure
that they do not have a negative impact on the rights of indigenous peoples and their
territories and natural resources;
(d)
Conduct social, environmental and human rights impact assessments
prior to granting licences for extractive activities and during operations;
(e)
Provide groups negatively affected by the extractive activities, including
the Shor people, with fair and adequate remedies and reparation. In that regard, the
Committee draws the attention of the State party to the recommendations made by
the Committee on the Elimination of Racial Discrimination in August 2017 to the
State party (see CERD/C/RUS/CO/23-24, paras. 23 and 26);
(f)
Consider ratifying the Indigenous and Tribal Peoples Convention, 1989
(No. 169) of the International Labour Organization.
Maximum available resources
16.
The Committee is concerned that the flat-rate tax system, currently applied to both
personal and corporate income, contributed to an increase in income and social inequalities
in the State party, and may prove inadequate in maximizing the available resources for
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