National and Regional Laws and Policies
on Internal Displacement

RUSSIA

Internal displacement in the Russian Federation is primarily the result of over ten years of armed violence and conflict in Chechnya, a territory with a population of approximately one million people on Russia’s southern border. Although the conflict in Chechnya has receded, humanitarian needs remain acute. Some 180,000 people, almost one quarter of the population, continue to be internally displaced.

The Representative of the UN Secretary-General on internally displaced persons undertook an exploratory mission to the Russian Federation in 1992 and a follow-up mission in September 2003. In his report of the follow-up mission, the Representative referred to the Law on Forced Migrants of 1993 and referred to the government’s view of the Guiding Principles on Internal Displacement as helpful in the legal protection of IDPs.

For access to the mission reports of the Representative, go to: http://www.ohchr.org/english/issues/idp/visits.htm

Federal Law on Forced Migrants (1993, amended 1995 and 2003)

Purpose: To determine the status of forced migrants, and establish economic, social and legal guarantees for the protection of their rights and legal interests (Preamble).

Responsibilities: Article 5 specifies that the ‘local migration service’ bodies are responsible for determining applications for ‘forced migrant’ status. Articles 7, 10 and 13 address the responsibilities of ‘federal executive bodies, executive bodies of the subjects of the Russian Federation and local bodies’, as well as the interaction between these groups and ‘public association’ (Art. 13).

Content: Certain characteristics may disqualify individuals from being recognized as ‘forced migrants’ (Art. 2). Those who receive the status of a ‘forced migrant’ in accordance with the procedures detailed in Articles 3 and 5 are entitled to certain rights as recognized in the Law, including: accommodation, and transportation assistance (Art. 4). The Law also imposes obligations on federal and local authorities to provide specific benefits to ‘forced migrants’ (Art. 7).

Other provisions of note include:

• definition of ‘forced migrant’ including both internally displaced persons and returnees from outside the Russian Federation (Art. 1(1));
• emphasis on voluntary nature of return (Art. 6(1)(1), Art. 8 (1));
• assistance to the displaced regarding non-reimbursable loans (Art. 7(1)(4)), education and training (Art. 7(1)(9)), employment (Art. 7(2)(1)(2)), documentation (Art. 7(2)(3)), orphaned children (Art. 7(2)(4));
• return of property (Art. 7(4)(1));
• liability for violation of the Law (Art. 15).