Russian Federation: inclusion of “People in Need” in the list of undesirable organisations

The Observatory has been informed by reliable sources about the inclusion of “People in Need”1 an international humanitarian and human rights organisation, in the list of undesirable organisations.

According to the information received, on November 12, 2019, “People in Need” became the 19th organisation included on the list of undesirable organisations2. Under the 2015 law on ‘undesirable organisations’ the Prosecutor General and his deputieshave the power to declare as “undesirable” any foreign or international organisation which is deemed by the authorities to present “a threat to the foundation of the constitutional order of the Russian Federation, national defence or state security” in an extrajudicial procedure; ollowing the Prosecutor General’s decision, the Ministry of Justice includes the organisation on the list of undesirable organisations.3

The Observatory recalls that an undesirable organisation is banned from engaging in any activities inside Russia, including the dissemination of information or publication of any materials by such an organisation, and providing financial or other assistance to local organisations and individuals. Violators face fines or prison terms of up to six years. In addition, any Russian citizen or organisation cooperating with an undesirable organisation faces administrative penaltise and, in the case of individuals, even criminal liability.

In an opinion published on July 9, 2015, the Council of Europe’s Commissioner for Human Rights stated that “Commissioner’s concerns with regard to this legislation are related to a lack of legal certainty, the prohibition of arbitrariness and the proportionality of sanctions which are illustrated by the wide discretionary powers granted to the Prosecutor’s Office and the executive authorities combined with the absence of prior judicial review.” This statement underlines that the application of the law on undesirable organisations is a clear obstacle to the right of freedom of association in the country.

The Observatory strongly condemns the inclusion of People in Need in the list of undesirable organisations and urges the Russian authorities to immediately reverse the decision, to respect in all circumstances the right to freedom of association as enshrined in Article 22 of the International Covenant on Civil and Political Rights (ICCPR) and Article 11 of the (European Convention on Human Rights), and to ensure in all circumstances that human rights organisations, including foreign and international NGOs, are able to carry out their legitimate activities without any hindrance and fear of reprisals.