"НАСТОЯЩИЙ МАТЕРИАЛ (ИНФОРМАЦИЯ) ПРОИЗВЕДЕН, РАСПРОСТРАНЕН И (ИЛИ) НАПРАВЛЕН ИНОСТРАННЫМ АГЕНТОМ №247 ПЕТРОВ СТЕПАН ЮРЬЕВИЧ, №296 АВТОНОМНАЯ НЕКОММЕРЧЕСКАЯ ОРГАНИЗАЦИЯ ПО ЗАЩИТЕ ПРАВ ЧЕЛОВЕКА И ИНФОРМИРОВАНИЮ НАСЕЛЕНИЯ «ЯКУТИЯ - НАШЕ МНЕНИЕ» ЛИБО КАСАЕТСЯ ДЕЯТЕЛЬНОСТИ ИНОСТРАННОГО АГЕНТА №247 ПЕТРОВ СТЕПАН ЮРЬЕВИЧ, №296 АВТОНОМНАЯ НЕКОММЕРЧЕСКАЯ ОРГАНИЗАЦИЯ ПО ЗАЩИТЕ ПРАВ ЧЕЛОВЕКА И ИНФОРМИРОВАНИЮ НАСЕЛЕНИЯ «ЯКУТИЯ - НАШЕ МНЕНИЕ»
Chief of NGO «Yakutia — Our Opinion» Stepan Petrov
spoke with the Initiative to end participation
of forcibly conscripted indigenous representatives
in the armed conflict between Ukraine and Russia
Draft Resolution
The United Nations Human Rights Council
«On Establishment of an International Institute:
Commissioner on Elimination of Participation of Indigenous Representatives in Armed Conflict between Ukraine and Russia»
Frozen assets of Russia
in exchange for the lives of indigenous representatives
«THIS MATERIAL IS PRODUCED, DISTRIBUTED AND (OR) SENT
BY FOREIGN AGENT №247 PETROV STEPAN YURIEVICH,
№296 AUTONOMOUS NON-COMMERCIAL ORGANIZATION FOR PROTECTION
OF HUMAN RIGHTS AND PUBLIC INFORMATION «YAKUTIA — OUR OPINION» OR CONCERNING THE ACTIVITIES OF FOREIGN AGENT №247 PETROV STEPAN YURIEVICH,
№296 AUTONOMOUS NON-COMMERCIAL ORGANIZATION FOR PROTECTION
OF HUMAN RIGHTS AND PUBLIC INFORMATION «YAKUTIA — OUR OPINION»
Sequence numbers are indicated in accordance with
the registry of foreign agents of the Ministry of Justice of Russia
Indigenous peoples of Russia suffer the greatest losses in the war in Ukraine.
Not in absolute terms, but in relative terms, since their numbers are much smaller than the number of Russians.
In the fall of 2022, there was a mass mobilization of indigenous peoples of Russia from the national republics, especially from rural areas.
They were later sent to fight in Ukraine.
Further participation of representatives of the indigenous peoples of Russia in the war in Ukraine will lead to the following irreversible negative consequences:
-complete physical extinction of small indigenous peoples within the next few decades;
-critical decline in the number of indigenous peoples (depopulation) followed by disappearance (physical death) of indigenous peoples.
This critical situation requires urgent and immediate action.
I propose to stop the mass deaths of representatives of the indigenous peoples of Russia.
In connection with the grave situation associated with the mass loss of life in the war in Ukraine, including representatives of the indigenous peoples of Russia, who were massively mobilized for the war since September 2022,
due to the emergence of a real threat of extinction (physical death) of a number of indigenous peoples of Russia in the near future,
for the purpose of physical preservation of indigenous peoples of Russia
I, Stepan Petrov, Head of Non-Governmental Organization «Yakutia — Our Opinion» in Special Consultative Status with the UN Economic and Social Council
propose to establish an International Institute within the UN structure — Commissioner on Elimination of Participation of Indigenous Representatives in Armed Conflict between Ukraine and Russia.
In the absence of effective legal mechanisms for exempting representatives of indigenous peoples of Russia from military service, I propose implementing the principle «Frozen Russian assets in exchange for the lives of indigenous peoples of Russia».
That is, I propose to implement a mechanism for the lifelong exemption of representatives of the indigenous peoples of Russia from military service and, accordingly, the cessation of their participation in the armed conflict between Ukraine and Russia in exchange for the return of part of Russia’s frozen assets.
In this case, the returned frozen assets must be used strictly for non-military purposes.
They should be aimed at solving the following urgent problems:
— the problem of hunger in Russia;
— the problem of emergency life support facilities that can lead to man-made disasters in Russia;
— the problem of access of indigenous peoples of Russia to bioresources.
In the conditions of war and crisis, the problem of hunger in Russia becomes especially acute and urgent. Since in the conditions of understated minimum social standards (living wage, consumer basket, minimum wage, pensions, benefits and others), a significant part of Russian citizens are forced to save on food and go hungry, and the state authorities of Russia continue to increase grain exports while the price of bread increases.
This initiative is set out in the attached draft resolution of the UN Human Rights Council. The draft resolution has been forwarded to UN bodies.
During my next Official Visit to the UN Headquarters in Geneva, Switzerland, I expect to present this draft Resolution at various UN events and hold consultations with all interested parties.
After the approval and adoption of the Resolution, I, Stepan Petrov, am ready to become Commissioner on Elimination of Participation of Indigenous Representatives in Armed Conflict between Ukraine and Russia.
In this position I am ready to:
— begin negotiations with government bodies of foreign states in whose jurisdiction the frozen assets of Russia are located;
— travel to the city of Kyiv, Ukraine to sign agreements with the Government of Ukraine and the Ministry of Defense of Ukraine;
— travel to Moscow, Russia to sign agreements with the Government of Russia and the Ministry of Defense of Russia;
— begin work on the return of representatives of the indigenous peoples of Russia from the war in Ukraine, including from the armed conflict zone.
Note
This initiative has been developed taking into account the requirements of Resolution 1996/31.
I doctrinally take a position of political neutrality and equal distance from both sides of the armed conflict.
I do not evaluate the position and actions of both parties to the armed conflict – Ukraine and Russia, and I do not attempt to influence their position and actions.
The political leadership of Ukraine and Russia is pursuing its own state policy.
The UN member states and relevant international bodies, such as the UN General Assembly, the UN Security Council and other intergovernmental organizations and associations, are authorized to evaluate and influence the positions, actions and state policies of Ukraine and Russia.
This is not within the scope of activities and powers of my Non-Governmental Organization in consultative status in the context of international law and the Charter of the organization.
Otherwise, my Non-Governmental Organization in consultative status may be deprived of consultative status at the initiative of the State concerned in accordance with the current norms of international law.
At the same time, I, as the Head of the Subject of International Law, the Independent Civil Activist, call on both sides to make a decision to end the armed conflict and am ready to take part in resolving the conflict within the framework of previously proposed initiatives.
* * * * *
Justification for the Initiative
Currently, various regions of the world are experiencing a decline in population, known as depopulation.
Depopulation is a reduction in the population in a given territory, in the final phase of which the birth rate falls below the population replacement level (2.1 births per woman), and due to the aging of the population and, as a consequence, gradually increasing mortality, the birth rate falls below the mortality level.
In the long term, this leads to the extinction of the population.
In the pre-war period (until February 2022), Russia saw a steady decline in the number of indigenous peoples and a significant deterioration in their quality of life.
After the start of the special military operation, the situation regarding the mortality of indigenous peoples of Russia worsened sharply due to their mass mobilization.
The Russian state policy in the area of mobilization and dispatch to special military operation focuses on attracting mobilization resources from regions and national republics where indigenous peoples live.
Obviously, this is due to the fact that mass mobilization from central cities and territories of Russia would cause significant discontent and mass protests.
In the fall of 2022, there was a mass mobilization of indigenous peoples of Russia from the national republics, especially from rural areas.
They were later sent to fight in Ukraine.
If in cities people are more mobile and have legal knowledge, then in rural areas military registration and enlistment offices took advantage of the settled nature of the local population and their legal illiteracy, which made it possible in most cases to mobilize almost 100% of males in rural settlements and send them to a special military operation.
The mass deaths of indigenous peoples of Russia in the war in Ukraine are becoming a key factor in their depopulation.
Depopulation of indigenous peoples will lead to extinction — disappearance (physical death) of a number of indigenous peoples of Russia.
There are about 2000 nations in the world. More than 190 nations live in Russia, that is, about 1/10 of all the nations of the world, which include indigenous peoples and autochthonous nations.
According to the 2021 census, there are 194 ethnic groups living in Russia. The largest group is Russians: almost 105.6 million people.
The non-Russian indigenous peoples included: Tatars (4.7 million people), Chechens (1.7 million people), Bashkirs (1.6 million people), Chuvashes (1.1 million people), Avars (1.01 million people).
The indigenous (small) peoples of Russia are distinguished from the actual indigenous (autochthonous) peoples of Russia, for example: Karelians, Udmurts, Mari, Chuvash, Tatars, Bashkirs, Altai, Khakass, Sakha and others, as well as the indigenous peoples of the North Caucasus.
There are 47 indigenous peoples living in Russia. The total number is about 500 thousand people, or 0.3% of the country’s population. Of these, 35 peoples, numbering 275 thousand people, are settled in 28 subjects of the Russian Federation, making up only two percent of the total population of these regions. Of these, 13 peoples number less than a thousand people.
The largest of the indigenous peoples are the Nenets (41 thousand people), and the smallest are the Kereks (4 people).
Note: According to the 2021 census, 23 people identified themselves as Kereks, while according to the 2010 census, 4 people identified themselves as Kereks.
According to the Unified List of Indigenous Peoples of Russia and the 2021 Census, the smallest indigenous peoples are:
— Kereki: 23 people (Chukotka Autonomous Okrug);
— Alutorians: 96 people (Kamchatka Krai);
— Vod: 99 people (Leningrad region);
— Enets: 201 people (Krasnoyarsk region);
— Izhora: 210 people (Leningrad region);
— Seto (Seto): 234 people (Pskov region, Krasnoyarsk region);
— Tazy: 235 people (Primorsky Krai);
— Oroks (ulta); 268 people (Sakhalin region).
Obviously, for the Kereks, the loss of 5 people in the war in Ukraine could mean the complete physical extinction of the people in the near future.
For ALutortsy, Vod, Entsy, Izhor, Setu (Seto), Tazy, Orok (Ulta) the loss of 50-100 people in the war in Ukraine could lead to the complete disappearance of these peoples from the face of the earth within the next decades.
For other indigenous peoples, the loss of 500-1000 people and several thousand people can also lead to the extinction of these peoples.
In the structure of most indigenous peoples, older people predominate, and in wars, as a rule, people of working age, who bear the main burden of maintaining the viability of the people, die.
With their death and disability, the risk of extinction of the people in the shortest possible time increases, especially for peoples living in the difficult natural and climatic conditions of the Far North and the Arctic.
It is also necessary to take into account that due to the impact of negative social factors (unemployment, alcoholism, homelessness, social diseases, social and domestic instability), part of the working population is unable to have a family and children.
Therefore, for indigenous peoples numbering more than 50 thousand people, the loss of several thousand or tens of thousands of people in war can mean a critical reduction in the number of people — depopulation, when the birth rate falls below the level of population reproduction, which in the near future can lead to the physical death of specific peoples.
Based on the above, it can be argued that further participation of representatives of the indigenous peoples of Russia in the war in Ukraine will lead to the following irreversible negative consequences:
— complete physical extinction of small indigenous peoples within the next few decades;
— critical decline in the number of indigenous peoples (depopulation) followed by the disappearance (physical death) of indigenous peoples.
This critical situation requires urgent and immediate action.
* * * * *
Content
of the Provisions on Commissioner on Elimination of Participation
of Indigenous Representatives in Armed Conflict
between Ukraine and Russia
- General Provisions
1.1. Status of Commissioner on Elimination
1.2. Leadership of Commissioner on Elimination
1.3. Accountability of Commissioner on Elimination
1.4. Principles of selection and appointment to the position of Commissioner on Elimination
1.5. Guidelines of Commissioner on Elimination
- Mechanism of preservation of indigenous peoples of Russia in the conditions of war in Ukraine
2.1. Description of mechanism of preservation of indigenous peoples of Russia in the conditions of war in Ukraine
2.2. Formation of motivation for states in whose jurisdiction Russia’s frozen assets are located
2.3. Responsibility of Russian government bodies for negative consequences towards forcibly mobilized representatives of indigenous peoples of Russia
2.4. Fixed targets for spending frozen assets of Russia
2.5. Compensation for lost earnings and property of returned and exchanged persons
2.6. Medical rehabilitation fund for returned and exchanged persons
2.7. Financial providing of evacuation group
2.8. Conditions for participation in the return and exchange
2.9. Priority categories of returned persons
- Office of Commissioner on Elimination and ensuring his activities
3.1. Office of Commissioner on Elimination
3.2. Consulting support
3.3. Air transport providing activities of Commissioner on Elimination
- Procedure for carrying out returns
4.1. Preliminary work on organizing returns
4.1.1. Completing and submitting an application to participate in return or exchange
4.1.2. Formation of lists for participation in return
4.1.3. Legal basis for the lifelong exemption of returned and exchanged persons from military service
4.1.4. Dismissal of returned persons from the Russian armed forces
4.2. Types of returns
4.2.1. Return with independent evacuation of returned persons
4.2.2. Return with operation to evacuate returned persons
4.3. Participants in the operation to evacuate returned persons
4.4. Procedure for forming evacuation group
4.5. Procedure for ensuring the activities of the Evacuation Group
4.6. Authorized Officer for special assignments
4.7. Preliminary work on organizing the evacuation operation
4.8. Conducting the operation to evacuate returned persons
4.9. Conducting the operation to evacuate returned persons in conditions of non-compliance with the ceasefire regime
4.10. Force majeure situations
4.11. Outcome of the evacuation operation
4.12. Actions in case of cancellation of evacuation operations
4.13. Work of pilots during delivery
4.14. Delivery of returned persons to their place of permanent residence
- Procedure for conducting exchanges
5.1. Preliminary work on organizing exchanges
5.2. Search for captured military personnel and citizens of Ukraine on the territory of Russia
5.3. Search for captured military personnel and citizens of Ukraine who have difficulties with self-identification
5.4. Assistance to captured Russian servicemen who have difficulties with self-identification
5.5. Conducting exchanges
5.6. Work of authorized bodies with exchanged persons
- Return of frozen assets
- Targeted use of returned assets for non-military purposes
Appendix «Application for participation in return or exchange to Commissioner on Elimination»
* * * * *
Recipient list:
United Nations High Commissioner on Human Rights
United Nations Human Rights Council
Secretary-General of the United Nations
President of the United Nations General Assembly
President of the United Nations Security Council
Interested parties
(for internal use)
In connection with the grave situation associated with the mass loss of life in the war in Ukraine, including representatives of the indigenous peoples of Russia, who were massively mobilized for the war since September 2022,
due to the emergence of a real threat of extinction (physical death) of a number of indigenous peoples of Russia in the near future,
for the purpose of physical preservation of indigenous peoples of Russia
I, Stepan Petrov, Head of Non-Governmental Organization «Yakutia — Our Opinion» in Special Consultative Status with the United Nations Economic and Social Council
propose to establish an International Institute within the UN structure — Commissioner on Elimination of Participation of Indigenous Representatives in Armed Conflict between Ukraine and Russia.
I am submitting the corresponding Draft Resolution to the United Nations Human Rights Council with the attached justification.
I am ready to arrive at the United Nations Headquarters in Geneva, Switzerland to participate in the development of the legal framework and regulations for the activities of Commissioner on Elimination of Participation of Indigenous Representatives in Armed Conflict between Ukraine and Russia.
I, Stepan Petrov, am ready to become Commissioner on Elimination of Participation of Indigenous Representatives in Armed Conflict between Ukraine and Russia and to begin work on the return of indigenous peoples of Russia from the war in Ukraine.
* * * * *
Draft Resolution
The United Nations Human Rights Council
«On Establishment of an International Institute:
Commissioner on Elimination of Participation of Indigenous Representatives in Armed Conflict between Ukraine and Russia»
The Human Rights Council,
Recalling the purposes and principles enshrined in the Charter of the United Nations,
Noting the need to increase the effectiveness of the United Nations in protecting the rights of indigenous peoples in Russia,
Recognizing that the mass mobilization of representatives of indigenous peoples of Russia for the war in Ukraine since September 2022 has led to the emergence of a real threat of extinction (physical death) of a number of indigenous peoples of Russia,
For the purpose of physical preservation of indigenous peoples of Russia
Resolves:
— To establish an International Institute within the structure of the United Nations — Commissioner on Elimination of Participation of Indigenous Representatives in Armed Conflict between Ukraine and Russia;
— To adopt the Statute on Commissioner on Elimination of Participation of Indigenous Representatives in Armed Conflict between Ukraine and Russia.
Statute
on Commissioner on Elimination
of Participation of Indigenous Representatives
in Armed Conflict between Ukraine and Russia
- General Provisions
1.1. Status of Commissioner on Elimination
1.1.1. Commissioner on Elimination of Participation of Indigenous Representatives in Armed Conflict between Ukraine and Russia is a UN official acting under a mandate of the UN Human Rights Council.
1.1.2. The main subject of its activity is the implementation of mechanism of preservation of indigenous peoples of Russia in the conditions of war in Ukraine in order to prevent their physical extinction.
1.1.3. Commissioner on Elimination of Participation of Indigenous Representatives in Armed Conflict between Ukraine and Russia has international immunity and inviolability status.
1.1.4. Commissioner on Elimination of Participation of Indigenous Representatives in Armed Conflict between Ukraine and Russia is guided by the norms of international law and implements the decisions of the UN Human Rights Council, the UN Security Council and other UN bodies.
1.1.5.Hereinafter, the abbreviated name of the position of Commissioner on Elimination of Participation of Indigenous Representatives in Armed Conflict between Ukraine and Russia is used — Commissioner on Elimination.
1.2. Leadership of Commissioner on Elimination
1.2.1. The UN High Commissioner on Human Rights shall exercise general leadership over Commissioner on Elimination.
1.2.2. The immediate supervisor of Commissioner on Elimination is the UN Deputy High Commissioner on Human Rights.
He exercises direct and operational leadership over Commissioner on Elimination and coordinates his plan of activities.
1.2.3. The authorized representatives of the UN General Assembly and the UN Security Council shall exercise leadership over Commissioner on Elimination in their area of activity.
1.3. Accountability of Commissioner on Elimination
1.3.1. Commissioner on Elimination shall submit an annual report on the work accomplished to the UN Human Rights Council and shall also make an oral report to it.
The UN Human Rights Council may request an extraordinary report or a detailed report on the implementation of individual activities.
1.3.2. Commissioner on Elimination, on behalf of the UN Human Rights Council, records and documents violations of international law that were committed in the zone of armed conflict and active hostilities, and presents them in the form of a special report.
1.3.3. Commissioner on Elimination shall submit copies of all reports submitted to the UN Human Rights Council to the UN General Assembly and the UN Security Council.
The UN General Assembly and the UN Security Council may request an extraordinary report and invite an oral report.
1.4. Principles of selection and appointment
for the position of Commissioner on Elimination
1.4.1. In order to ensure adherence to universally recognized principles of international law, the selection and appointment to the position of Commissioner on Elimination is carried out from among persons related to the UN and other international organizations, whose members may be various countries of the world from all continents.
1.4.2. In order to ensure independence and impartiality, it is prohibited to select and appoint to the position of Commissioner on Elimination from among persons who worked:
— in government bodies of various countries over the past 10 years in specialist positions;
— ever in government bodies of various countries in leadership positions;
— ever in bloc associations of countries.
1.4.3. Commissioner on Elimination must:
— be fluent in Russian;
— know the situation of indigenous peoples of Russia and the human rights situation in Russia;
— know Russian legislation at a level that allows for optimal interaction with Russian government bodies;
— have experience working with government, law enforcement and judicial bodies of Russia.
1.5. Guidelines of Commissioner on Elimination
1.5.1. In the course of carrying out activities and when making decisions, Commissioner on Elimination:
— is guided by the principles of objectivity, independence and impartiality;
— takes a position of political neutrality and equal distance from both sides of the armed conflict;
— proceeds from the principle of the supremacy of international law over the national legislation of any country;
— implements the priority of respect for the right to life, enshrined in Article 3 of the Universal Declaration of Human Rights, for all people regardless of citizenship and nationality;
— implements the norms of the Declaration on the Rights of Indigenous Peoples and international legal acts concerning indigenous peoples, including in the case of individual appeals regarding violations of the International Principle of Free, Prior and Informed Consent.
- Mechanism of preservation of indigenous peoples of Russia
in the conditions of war in Ukraine
2.1. Description of mechanism of preservation of indigenous peoples of Russia
in the conditions of war in Ukraine
2.1.1. Mechanism of preservation of indigenous peoples of Russia in the conditions of war in Ukraine in order to prevent their physical extinction is implemented through the lifelong exemption of representatives of the indigenous peoples of Russia from military service and, accordingly, the cessation of their participation in the armed conflict between Ukraine and Russia in exchange for the return of part of Russia’s frozen assets.
This mechanism is implemented in the following two forms.
2.1.2. Return is a process that results in:
— on the one hand, the person being returned is a representative of the indigenous people of Russia who is taking part in the armed conflict between Ukraine and Russia, ceases his participation in it, receives a lifelong exemption from military service and returns to his place of permanent residence in Russia;
— on the other hand, Russian government bodies receive funds – a portion of frozen assets in the amount of a pre-established fixed sum.
2.1.3. Exchange is a process as a result of which:
— on the one hand, the person being returned is a representative of the indigenous people of Russia who is in captivity on the territory of Ukraine and who previously took part in the armed conflict between Ukraine and Russia, is released from captivity, receives a lifelong exemption from military service, returns to his place of permanent residence in Russia or, if he so desires, moves to a foreign state;
— on the other hand, a serviceman or citizen of Ukraine is released from places of forced detention on the territory of Russia and returned to Ukraine;
— on the third hand, Russian government bodies receive funds – a portion of frozen assets in the amount of a pre-established fixed sum, which must be used strictly for non-military purposes.
2.1.4. The returned frozen assets are used to solve the following problems:
— the problem of hunger in Russia;
— the problem of emergency life support facilities that can lead to man-made disasters in Russia;
— the problem of access of indigenous peoples of Russia to bioresources.
2.1.5. The amount of the fixed sum for one person returned is established in the course of tripartite negotiations with the participation of Commissioner on Elimination, representatives of foreign states in whose jurisdiction the frozen assets of Russia are located, and representatives of Russia.
Returns and exchanges are carried out with the participation of as many people as possible.
2.1.6. To carry out returns and exchanges, appropriate agreements are concluded.
Commissioner on Elimination negotiates with foreign countries, Ukraine and Russia.
Commissioner on Elimination negotiates:
— with representatives of government bodies of foreign states on the issue of transferring to Russia part of the frozen assets and providing specific types of material incentives and rewards;
— with representatives of the Government of Ukraine and the Ministry of Defense of Ukraine, state authorities of Ukraine on the issue of exchanging representatives of indigenous peoples held captive on the territory of Ukraine for captured military personnel and citizens of Ukraine held in places of forced detention on the territory of Russia;
— with representatives of the Russian Government and the Russian Ministry of Defense on the issue of exchanging captured military personnel and citizens of Ukraine, granting a lifelong exemption from military service to returned and exchanged persons — representatives of the indigenous peoples of Russia in exchange for the return of part of the frozen assets.
Following the negotiations, Commissioner on Elimination concludes agreements with government bodies of foreign states, the Government of Ukraine, the Ministry of Defense of Ukraine, the Government of Russia, and the Ministry of Defense of Russia.
2.1.7. At any stage of negotiations and in any negotiations, authorized representatives of UN bodies may participate.
Due to the existence of a conflict between government bodies of foreign states and Russia, the signing of agreements between them is excluded.
Commissioner on Elimination enters into agreements with them, each one separately.
2.2. Formation of motivation for states,
in whose jurisdiction the frozen assets of Russia are located
2.2.1. The following incentive mechanisms are envisaged for states in whose jurisdiction frozen assets of Russia are located:
-reduction of payments and fees to international organizations and interstate associations in which they participate;
-allocation of carbon credits — Kyoto units (permits for carbon dioxide emissions);
-providing priority access to financial resources of the International Monetary Fund and other institutions under the jurisdiction of the UN;
-providing other assistance in the area of socio-economic development of these states.
A number of non-material measures are also envisaged for these States, which record the support and approval of the international community for the manifestation of goodwill and participation in the realization of the rights of indigenous peoples, in particular their right to life, such as:
-adoption of special resolutions and appeals by UN bodies expressing gratitude for assistance in realizing the rights of indigenous peoples;
-sending letters of gratitude from Heads of UN bodies;
-reflection of their positive role in cultural events held by UN bodies (art exhibitions, music concerts, film competitions, performances, etc.).
At the request of Commissioner on Elimination, the personal positive contribution of specific officials of the state authorities of these states is noted through:
-sending them personal letters of gratitude on behalf of the Heads of UN bodies;
-nominating them for various awards, prizes and incentives provided by the UN;
-recording and reflecting their positive role in documents and legal acts issued by UN bodies and within the framework of cultural events held by the UN.
2.3. Responsibility of state authorities of Russia
for negative consequences for the forcibly mobilized representatives of the indigenous peoples of Russia
2.3.1. The state authorities of Russia bear full financial, legal and other responsibility for the negative consequences to the forcibly mobilized representatives of the indigenous peoples of Russia, since it was the state authorities of Russia, and not other entities, that made the decision to begin a special military operation in which not only professional military personnel and volunteers were forced to participate, but also representatives of the indigenous peoples of Russia mobilized against their own will, which led to violations of a number of norms of international law and the constitution.
2.3.2. Coercion to participate in a special military operation of representatives of the indigenous peoples of Russia led to the loss of earnings and property, as well as to their receiving injuries and their mass deaths.
2.3.3. In connection with this, the state authorities of Russia are obliged to compensate forcibly mobilized representatives of the indigenous peoples of Russia for all negative costs associated with the loss of earnings and property, injuries received, and in the event of their death, to pay their relatives and trusted persons all compensation.
2.4. Fixed targets for spending frozen assets of Russia
2.4.1. The legitimacy of fixing the goals of spending part of Russia’s frozen assets is based on the fact that:
— the state authorities of Russia bear full financial, legal and other responsibility for the negative consequences to representatives of the indigenous peoples of Russia from forced mobilization for a special military operation;
— Russian government bodies are obliged to compensate for all negative costs associated with loss of earnings and property, and injuries received;
— these funds will be provided to Russian citizens who have the right to assets belonging to Russia.
2.4.2. The agreements concluded between Commissioner on Elimination and the authorities of foreign states and Russia provide for the use of part of Russia’s frozen assets for the following purposes:
— compensation for lost earnings and property of returned and exchanged persons;
— formation of a medical fund, at the expense of which medical and psychological rehabilitation of returned and exchanged persons is carried out;
— financial providing of Evacuation Group, which is formed from among the returned persons and carries out the evacuation of the returned persons from the armed conflict zone.
2.4.3. Payment of compensation for lost earnings and property is made on the basis that the Russian citizen — the person being returned — was mobilized against his will and desire to continue to live and work in his place of permanent residence.
For this reason, involuntary forced mobilization and deployment to the zone of armed conflict between Ukraine and Russia resulted in loss of earnings and property, which requires compensation.
2.5. Compensation for lost earnings and property
returned and exchanged persons
2.5.1. Commissioner on Elimination sends a petition to foreign states to provide a portion of Russia’s frozen assets to compensate for the lost earnings and property of the person being returned or exchanged.
They have the right to refuse this. In this regard, Commissioner on Elimination conducts explanatory work with them and justifies the need to allocate funds to compensate for lost earnings and property, to ensure the possibility of engaging in traditional activities and trades.
If necessary, he provides biographical information and characterizing material on specific individuals.
2.5.2. Funds are used to compensate for lost earnings of the person being returned or exchanged during the period of mobilization and stay in the zone of armed conflict between Ukraine and Russia (and in captivity).
The amount of compensation for lost earnings is calculated as follows.
The calculation is based on the following indicators:
— time spent in a state of mobilization and in the zone of armed conflict between Ukraine and Russia (and in captivity), calculated in days;
— the average annual salary established by the official state statistics bodies in the region of residence — the subject of Russia in the relevant year.
The amount of compensation for lost earnings = the number of days spent in a state of mobilization and in the armed conflict zone (and in captivity) * the average annual salary in the region * 12 / the number of days in a year.
If the time exceeds one year, the same calculation is made for other years, using the average annual salary indicator for the relevant year.
Next, the total amount is determined by summing up the indicators obtained for each year. The calculation is made in Russian rubles.
2.5.3. Funds are used to compensate for the property of the person being returned or exchanged, which was lost or became unusable during the period of his mobilization and stay in the zone of armed conflict between Ukraine and Russia (and in captivity), including for the purpose of ensuring the possibility of engaging in traditional activities and trades.
In particular, the purpose of compensation for property may be the acquisition of:
-lost population of deer, cattle or other farm animals;
-lost or damaged equipment, gear and inventory for traditional activities and trades: fishing gear, snowmobiles, etc.
Compensation for lost property may be paid based on the actual value of the lost or damaged property, or based on a fixed amount.
In order to pay the actual value of the lost or damaged property, the person being returned or exchanged must provide documentary evidence of the value of the lost property. Otherwise, a pre-determined fixed amount is paid.
2.5.4. The total amount of compensation is transferred to the bank card of the person being returned or exchanged.
Also, the total amount of compensation may be issued by Commissioner on Elimination in cash in Russian rubles or foreign currency.
In the event of funds being issued in foreign currency, the conversion of the total amount is carried out taking into account the average annual exchange rate of the foreign currency to the Russian ruble in the relevant year.
2.6. Medical Rehabilitation Fund
returned and exchanged persons
2.6.1. A medical fund for the rehabilitation of returned and exchanged persons is being formed using part of Russia’s frozen assets.
The volume of funds in the medical fund is established during negotiations between Commissioner on Elimination and government bodies of foreign countries and Russia and is stored in a special account of his office.
2.6.2. At the expense of the medical fund, medical and psychological rehabilitation of returned and exchanged persons is carried out to a state of “practically healthy” or, in the case of injuries and illnesses, to the best possible condition.
The medical fund pays for:
-conducting complex medical operations abroad, including transplantation of internal organs and the use of stem cells;
-provision of high-tech medical assistance and care;
-bionic prosthetics using the latest generation materials, when the prosthesis is controlled by brain signals and neural networks of artificial intelligence.
2.6.3. The Office of Commissioner on Elimination concludes agreements with three leading foreign medical clinics to conduct planned medical operations and emergency hospitalization of seriously wounded returned persons.
2.6.4. The Medical Fund pays for the collective life and health insurance contract, in the register of which the returned persons are included after their applications are accepted.
The term of the agreement is established from the moment the person being returned is entered into the register until the moment the act of his arrival in the region of permanent residence is signed.
2.6.5. The Medical Fund pays for a contract with a foreign air ambulance transport company for the transportation of seriously injured returned persons to foreign clinics on air ambulance jets equipped with medical equipment and accompanied by a medical team led by a qualified physician.
2.7. Financial providing of Evacuation Group
2.7.1. Part of the frozen assets of Russia is used to provide financial providing of activities of the Evacuation Group, which is formed from among the persons being returned and carries out the evacuation of the persons being returned from the armed conflict zone.
2.8. Conditions for participation in the return and exchange
2.8.1. The main mandatory conditions for participation in the return and exchange are:
-that the reason for being at war in Ukraine was mobilization;
-the desire to stop participating in the war.
2.9. Priority categories of returned persons
2.9.1. Representatives of indigenous peoples of Russia with a population of less than 50 thousand people.
Particular attention is paid to the return of representatives of indigenous peoples of Russia, numbering less than 5 thousand people.
2.9.2. Representatives of the indigenous peoples of Russia who lead a traditional way of life and are engaged in traditional activities and trades.
2.9.3. Representatives of indigenous peoples of Russia who have social indications for exemption from military service: fathers of many children, persons who have elderly or disabled relatives dependent on them, and others.
2.9.4. Representatives of indigenous peoples of Russia who have medical indications for exemption from military service: disability, any type of injury or illness that leads to a limitation of fitness for military service.
2.9.5. Representatives of indigenous peoples of Russia living in regions with difficult natural and climatic conditions, where farming and life support are predominantly carried out by men, such as the regions of the Far North and the Arctic.
- Office of Commissioner on Elimination
and ensuring its activities
3.1. Office of Commissioner on Elimination
3.1.1. The Office of Commissioner on Elimination shall be located in the city of Geneva, Swiss Confederation.
Commissioner on Elimination has a staff of employees and all types of resources sufficient to achieve the set goals and objectives.
The staff of the office of Commissioner on Elimination enjoy international immunity and inviolability status.
3.1.2. Commissioner on Elimination has premises for work at the UN Headquarters in New York (USA) and Vienna (Austria).
Commissioner on Elimination operates in cooperation with UN bodies and uses UN infrastructure facilities.
Various types of transport are available upon request.
3.1.3. The Office of Commissioner on Elimination has a structural subdivision with extraterritorial deployment – the Special Operations Department.
3.2. Consulting support
3.2.1. The Office of Commissioner on Elimination has five vacant positions of specialist consultants, for which specialists in various fields with the appropriate professional qualifications, special knowledge and experience are hired temporarily under an employment contract.
Specialist consultants provide professionally and legally sound expert opinions, reports and consultations on the areas of activity of Commissioner on Elimination.
3.3. Air transport providing
activities of Commissioner on Elimination
3.3.1. For work, Commissioner on Elimination has a personal high-speed aircraft such as Bombardier Global 8000 or Gulfstream G550.
The permanent home base of personal aircraft of Commissioner on Elimination is Geneva, Swiss Confederation.
3.3.2. Different types of aircraft are used to carry out returns and exchanges involving different numbers of people.
Commissioner on Elimination has 3 aircraft at his disposal and under his operational control:
— Bombardier CRJ-1000 or Embraer 175 aircraft for carrying out returns and exchanges involving up to 100 people;
— Airbus A350 or Boeing 787 aircraft for returns and exchanges involving up to 500 people;
— Airbus A380 aircraft for carrying out returns and exchanges involving up to 1,000 people.
The aircraft are in constant readiness and technically sound condition.
The readiness time of the main and replacement crews of pilots to carry out missions is up to 48 hours.
The bases of aircraft of Commissioner on Elimination used to carry out returns and exchanges are neutral countries that are geographically close to Ukraine and Russia.
The preferred base for the aircraft is Ankara, Türkiye.
In the event of returns and exchanges involving more than 1,000 people, all 3 aircraft may be used.
3.3.3. The aircraft of Commissioner on Elimination involved in the returns and exchanges, and his personal aircraft have the right to freely move without hindrance in the airspace of Ukraine and Russia, as well as the right to land, take off, park and perform technical maintenance at any airfields controlled by the armed forces of Ukraine and Russia.
All aircraft of Commissioner on Elimination may not be subject to inspection, search, detention or other coercive actions by representatives of the armed forces, state security agencies and border services of Ukraine and Russia.
3.3.4. When conducting exchanges, the flight of the personal aircraft of Commissioner on Elimination provides an air safety corridor when crossing the border between Ukraine and Russia.
If necessary, fighter aircraft from both sides will escort aircraft of Commissioner on Elimination to the border and the air defense units of both sides will be notified accordingly.
Pilots-in-command of the aircraft of Commissioner on Elimination have the right to refuse to fly through the air safety corridor, based on their own assessment of the situation and the need to ensure flight safety, and can independently choose a flight route through third countries to a destination in Ukraine or Russia.
3.3.5. Emergency delivery of seriously wounded returned persons to foreign medical clinics from the armed conflict zone is carried out by foreign air ambulance transport companies on jet aircraft such as Bombardier Challenger 300 or Dassault Falcon 50.
Depending on the number of seriously injured returned persons, Commissioner on Elimination requests the arrival of one or more specialized medical aircraft in Russia.
3.3.6. When deploying an evacuation group outside of Russia, transport aircraft of any type are used to deliver the evacuation group and armored vehicles to carry out the evacuation operation.
3.3.7. Registration numbers and other identification data of 4 aircraft of Commissioner on Elimination, medical and transport aircraft are entered into the civil and military airspace control systems of Ukraine and Russia, as aircraft carrying out International missions under a UN mandate.
- Procedure for conducting returns
4.1. Preliminary work on organizing returns
4.1.1. Filling out and submitting the application
to participate in the return or exchange
4.1.1.1. Military personnel — mobilized representatives of indigenous peoples of Russia fill out and sign an Application for participation in the return or exchange and send it in electronic scanned (photographed) form by e-mail or in paper form by mail to the address of Commissioner on Elimination.
4.1.1.2. Taking into account objective circumstances that make it difficult for military personnel to communicate with external entities, including a ban on the use of certain means of communication, the application may be written, signed and sent by a close relative or legal representative.
4.1.1.3. The application form is published on the website of Commissioner on Elimination, the Ministry of Defense of Russia and the Unified Portal of State Services of Russia.
It is possible to fill out and submit an application in electronic form:
— on the public services portal using the account of the person being returned;
— using the personal electronic signature of the person being returned, when a scanned (photographed) application can be signed with an electronic signature and sent by e-mail.
4.1.1.4. Commissioner on Elimination sends an Official Request to the Russian Ministry of Defense with a proposal to disseminate information about the possibility of the return of mobilized representatives of the indigenous peoples of Russia, which provides for the cessation of participation in the armed conflict and the receipt of a lifelong exemption from military service, among all units of the Russian armed forces in pursuance of the concluded Agreement.
4.1.2. Formation of lists for participation in the return
4.1.2.1. Based on the applications received, lists are formed for participation in the return.
Compliance with the criteria is checked:
-the applicants’ belonging to indigenous peoples;
-establishing mobilization as the reason for being at war in Ukraine.
For verification, relevant documents are submitted, inquiries are made to the bodies of the Russian Ministry of Defense, and other methods are used.
The lists are formed taking into account the differentiation among 5 priority categories of returned persons.
In order to provide equal opportunities for return, the lists are formed in the following proportion: 70% — 5 priority categories in equal shares, 30% — not included in the 5 priority categories.
The share of representatives of indigenous small-numbered peoples of Russia with a population of less than 5 thousand people and less than 50 thousand people can be increased by 2 times in the share of priority categories.
The proportions for forming the lists may be revised.
When forming the lists, national and territorial proportionality of the returned persons — representatives of various indigenous peoples of Russia — is ensured.
4.1.2.2. Returns are carried out with the participation of as many people as possible.
The time for forming the lists should not be long and should be carried out within 1-2 months, possibly within 2-3 weeks.
In any case, a reasonable balance is maintained between the number of persons returned and the speed of the return process, taking into account the real situation and ensuring the effectiveness of the work.
4.1.3. Legal basis for life exemption
of persons returned and exchanged from military service
4.1.3.1. The Government of Russia issues a Resolution regulating the lifelong exemption of representatives of the indigenous peoples of Russia from military service and the cessation of their participation in the armed conflict between Ukraine and Russia in exchange for the return of part of Russia’s frozen assets.
Commissioner on Elimination works with the leadership, members and staff of the Government of Russia to develop this Resolution.
4.1.3.2. Based on this Resolution, a normative legal act is being developed — a law to form a legislative basis on the basis of which appropriate changes will be made to normative and law enforcement legal acts related to the regulation of military service in Russia, in order to consolidate the legal status of returned and exchanged persons.
Commissioner on Elimination works with the State Duma of the Federal Assembly of Russia and interested state authorities of Russia to develop this regulatory legal act – the law.
4.1.4. Dismissal of returned persons from the Russian armed forces
4.1.4.1. Commissioner on Elimination forms lists for participation in the return in this flow and sends them to the Government of Russia, the Ministry of Defense of Russia.
4.1.4.2. The Minister of Defense of Russia issues an order to dismiss military personnel in accordance with the submitted list, granting a lifelong exemption from military service, which specifies the relevant Resolution of the Government of Russia as the legal basis.
This order of the Minister of Defense of Russia instructs officials of military command bodies – commanders of military units and other subdivisions – to issue appropriate orders on dismissal and carry out all necessary procedures.
After the adoption of the relevant law, the Russian Ministry of Defense refers to this adopted law in orders on the dismissal of military personnel — returned persons.
4.2. Types of returns
4.2.1. After the signing of the documents on the dismissal of the returned persons from the Russian armed forces, the process of direct return begins, when the returned persons leave the armed conflict zone and return to their places of permanent residence in Russia.
4.2.2.There are 2 types of returns:
— return with independent evacuation of returned persons ;
— return with the implementation of an operation to evacuate returned persons.
4.2.1. Return with independent evacuation
of returned persons
4.2.1.1. When return with independent evacuation, the returned persons independently leave their positions and arrive at the location of their military units, receive their discharge documents there, complete all necessary procedures, and collect their personal belongings.
They then independently arrive at a military airfield or a civilian airport to be delivered to their permanent place of residence in Russia.
If less than 10 people are returning, delivery will be carried out on the personal aircraft of Commissioner on Elimination.
If more than 10 people are returning, delivery will be carried out on one of the 3 aircraft of Commissioner on Elimination, depending on the number of people.
4.2.2. Return with the operation
for the evacuation of returned persons
4.2.2.1. This return is carried out in the event of the return of more than 10 people and in the presence of a complex operational situation at the front associated with the intensification of military operations, when the independent evacuation of the persons being returned is impractical, difficult and life-threatening due to:
— high density and intensity of fire, artillery and mortar shelling, aerial bombardment, increased drone threat,
— the presence of returned persons in a seriously wounded condition,
— a large distance between the location of the returned persons on the line of combat contact (positions) and the zone outside the fire range,
-other factors and circumstances.
In such circumstances, after signing documents for dismissal from the Russian armed forces and taking into account the need for prompt evacuation of returning persons from the zone of active combat operations, an operation is scheduled to evacuate returning persons in order to prevent their death and injury, and to save the seriously wounded.
4.2.2.2. The implementation of returns is regulated by agreements concluded between Commissioner on Elimination and the Government of Ukraine, the Ministry of Defense of Ukraine, the Government of Russia, and the Ministry of Defense of Russia.
The concluded agreements provide for a temporary ceasefire from all types of weapons in certain areas of the front (certain squares of terrain).
4.2.2.3. The evacuation operation may last up to 5 days. If there is an objective need, the operation may be extended by 3 days. The maximum duration of the operation may not exceed 8 days.
4.2.2.4. In order to carry out evacuation operations and work in the armed conflict zone, the Russian Ministry of Defense issues all necessary passes and permits for access to the armed conflict and combat zones.
4.3. Participants in the operation to evacuate returned persons
4.3.1. The following persons take part in the operation to evacuate the returned persons:
— Commander, his deputy and the fighters of the Evacuation Group;
— Commissioner on Elimination;
— Authorized officer for special assignments.
4.4. Procedure for forming an Evacuation Group
4.4.1. The evacuation group is formed from among returned persons who have voluntarily expressed a desire to join it.
The main objective of the evacuation group is to evacuate returned persons from the armed conflict zone.
The evacuation group ensures security and force support for the evacuation operation, exchange and other events, and prevents illegal actions to obstruct lawful activities carried out in pursuance of agreements concluded by Commissioner on Elimination with the state authorities of Ukraine and Russia.
4.4.2. Candidates for the groups are screened and approved by the relevant UN bodies.
4.4.3. The evacuation group consists of up to 100 people.
After recruiting the personnel of the evacuation group, Commissioner on Elimination issues an order appointing the Commander, his deputy and the fighters of the evacuation group to the positions of employees of the Department of Special Operations of Extraterritorial Placement.
Commissioner on Elimination also serves as the Head of the Special Operations Division. The Evacuation Group Commander is appointed as the Deputy Head of the Special Operations Department and reports to Commissioner on Elimination.
Commissioner on Elimination submits a petition to the appropriate UN officials to grant the evacuation group the status of a UN peacekeeping contingent with limited powers.
After the decision is made to grant the status of a peacekeeping contingent, Commissioner on Elimination submits a petition to appoint the Evacuation Group Commander to the position of Head of the Special Operations Department and to resign from his powers.
4.4.4. Evacuation Group Commander is elected by a simple majority vote of all fighters for a specified period.
Evacuation Group Commander independently selects a deputy.
4.4.5. The salary of Evacuation Group Commander, his deputy and fighters is set at the level of the salary of the corresponding employees of the UN peacekeeping contingent serving on the Eurasian continent.
Salaries are paid in euros or Swiss francs from frozen Russian assets.
4.5. Procedure for providing the activities of the Evacuation Group
4.5.1. The evacuation group undergoes training in conducting rescue and evacuation operations in the relevant units of UN bodies.
4.5.2. Evacuation Group Commander and his deputy:
-plan evacuation operations with the participation of the group’s fighters;
-submit the final version of the evacuation operation for discussion within the group and approval by Commissioner on Elimination;
-organize classes in general physical training and hand-to-hand combat;
-are engaged in solving all life support issues.
Evacuation Group Commander and his deputy are personally responsible for ensuring security on the territory of the accommodation point, maintaining discipline and ensuring law and order.
4.5.3. Commissioner on Elimination purchases various types of weapons and ammunition for the evacuation group.
It also purchases the necessary equipment and gear: drones, thermal imagers, objective control equipment, navigators, satellite phones, radars and other technical means for work and life support.
4.5.4. The evacuation group may be located in Russia or outside of Russia in a neutral country.
In the case of placement in Russia, the Russian Government provides a placement point, which is a land plot with premises and is located in one of the regions — subjects of Russia bordering Ukraine.
The Russian Ministry of Defense provides armored vehicles, as required by the staff of motorized rifle units, based on the size of the evacuation group and actual needs. In this case, all types of weapons are removed from the armored vehicles.
Payment for rent of land, premises, armored vehicles and utility bills is made from frozen assets or this can be provided free of charge, which is specified in the agreement concluded between Commissioner on Elimination and the Government of Russia.
4.5.5. The accommodation point (premises and land) is a protected area and is equipped with comprehensive security systems.
Entry of any unauthorized persons, including representatives of the armed forces, state security agencies and law enforcement agencies of Russia, is prohibited.
If access is required, representatives of Russian government bodies must obtain approval from the relevant UN bodies.
4.6. Authorized Officer for special assignments
4.6.1. In order to organize proper interaction with units of the Russian army and persons located in the armed conflict zone, the Russian Ministry of Defense appoints an official responsible for this — an Authorized officer for special assignments, holding the military rank of colonel.
4.6.2. Taking into account the existence of facts of the use of psychoactive substances by Russian military personnel, Authorized officer for special assignments provides recommendations on methods of safe communication with persons in a state of drug intoxication and under the influence of psychotropic substances.
To do this, he studies the types of drugs and psychotropic substances that Russian military personnel use, the results of their effects and the symptoms of use. For this purpose, he interacts with unit commanders and medical workers.
Authorized officer for special assignments provides information on symptoms that arise after the use of drugs and psychotropic substances, recommendations on methods of safe communication and conflict resolution with persons in a state of drug intoxication and under the influence of psychotropic substances.
4.7. Preliminary work on organizing the evacuation operation
4.7.1. The command of the evacuation operation is carried out by Evacuation Group Commander, whose orders the fighters of the evacuation group must obey, as well as Commissioner on Elimination and Authorized officer for special assignments during the operation.
4.7.2. Evacuation Group Commander personally works remotely with the persons being returned on essential issues of the evacuation operation (coordination of the evacuation point and alternate evacuation points, details of the evacuation of the wounded and the dead, etc.).
4.7.3. Evacuation Group Commander appoints those responsible for working with the returned persons, transporting the wounded, demining, anti-drone work, the work of objective control equipment and other types of activities in the armed conflict zone.
4.7.4. In case of placement in Russia, departure for the evacuation operation is carried out from the point of placement.
In the case of deployment outside of Russia, departure for the evacuation operation is carried out from a base point, which is established in the armed conflict zone outside the range of the main types of weapons.
4.8. Conducting the operation to evacuate returned persons
4.8.1. Commissioner on Elimination sends a notification about the evacuation operation to the General Staffs of the Ministries of Defense of Ukraine and Russia 72 hours before it is carried out.
The general staffs of both sides notify the front commanders, commanders of military units and subdivisions about the evacuation operation and ensure compliance with the ceasefire regime in certain areas of the front (certain squares of terrain).
4.8.2. Two hours before the start of the operation, for one hour every 5 minutes, an audio message is broadcast over the open air on radio frequencies accessible to units of the armed forces of Ukraine and Russia about the evacuation operation and the need to observe the ceasefire regime in certain areas of the front (certain squares of terrain) with a mention of the concluded agreements.
4.8.3. A brief briefing is held 1 hour before the operation.
Evacuation Group Commander informs everyone present of the operational situation, information on the rules of conduct in the armed conflict zone, possible threats and risks.
The authorized officer for special assignments provides information on the rights and responsibilities of persons in the armed conflict zone, on the rules of interaction with Russian military personnel, and information on possible threats and risks.
4.8.4. At the appointed time, the participants of the evacuation operation leave along the designated route.
Returned persons prepare the wounded, bodies and remains of the dead for evacuation.
At the appointed time, returned persons arrive at the evacuation point and deliver the wounded and dead there.
The evacuation group carries out the boarding of returning persons, the wounded and the dead, into armored vehicles.
The operation participants then move to the base point or the next evacuation point if returned persons are dispersed.
4.8.5. In the event of a significant number of persons being returned, when they cannot fit into the available armored vehicles of the evacuation group, the Russian armed forces provide transport with increased capacity (buses, trucks, etc.).
Buses and other transport equipment drive up to the safest place outside the dangerous fire zone, and the evacuation group in its armored vehicles delivers groups of returning persons, the wounded and the dead, there.
The evacuation operation is considered complete after the delivery of all or part of returned persons , the wounded and the dead they have prepared, to the base point.
4.9. Conducting the operation to evacuate returned persons
in conditions of non-compliance with the ceasefire regime
4.9.1. In the event of non-compliance with the ceasefire regime, Commissioner on Elimination and Authorized officer for special assignments shall contact the authorized representatives of the General Staffs of the Ministries of Defense of Ukraine and Russia, the operational command of the armed forces of Ukraine, and the joint group of troops of Russia with a proposal to comply with the ceasefire regime in accordance with the concluded agreements.
4.9.2. Commissioner on Elimination shall contact by radio, satellite and other means of communication with the commanders of military units and subdivisions of the Armed Forces of Ukraine that are conducting combat operations in the zone of the evacuation operation, and shall propose that they observe the ceasefire regime in pursuance of the agreements concluded between Commissioner on Elimination and the Government of Ukraine, the Ministry of Defense of Ukraine.
It is proposed to stop the use of artillery, drones and mortars, aerial bombardment, dropping ammunition from drones, kamikaze drone attacks and other types of weapons.
4.9.3. The authorized officer for special assignments issues orders to cease fire to the commanders of units of the Russian armed forces that are conducting combat operations in the zone of the evacuation operation, including for the purpose of preventing or stopping so-called “friendly fire,” when the Russian army strikes its own units.
4.9.4. Commissioner on Elimination and the Authorized Officer for Special Assignments report the situation and the results of the contacts to Evacuation Group Commander.
Evacuation Group Commander independently assesses the situation and makes a decision on whether to continue or terminate the evacuation operation.
In this case, the level of acceptable risks is taken into account, which includes the density and intensity of fire, drone danger and other factors.
4.9.5. In the event of termination of the evacuation operation, the Evacuation Group, Commissioner on Elimination, and the Authorized Officer for Special Assignments return to the base point.
For 24 hours, Commissioner on Elimination and the Authorized Officer for Special Assignments continue to attempt to ensure a ceasefire or achieve a level of acceptable risk at which the operation can continue.
If a ceasefire cannot be achieved within 24 hours or the level of acceptable risks cannot be reached, the Evacuation group, Commissioner on Elimination, and the Authorized Officer for Special Assignments will leave the armed conflict zone.
The evacuation operation is considered cancelled.
4.10. Force majeure situations
4.10.1. During work in the armed conflict zone, when stopping at checkpoints, military patrols and other persons, all 3 officials (Commissioner on Elimination, Evacuation Group Commander, Authorized Officer for Special Assignments) exit the vehicle and are present during the conversation.
The authorized officer for special assignments reports that he is an active officer of the Russian Ministry of Defense, introduces Evacuation Group Commander and Commissioner on Elimination, and states the purpose of the presence of the evacuation group and Commissioner on Elimination in the armed conflict zone.
In all cases, body-worn video recording devices are used.
If necessary, the necessary supporting and permitting documents are provided.
4.10.2. In the event of illegal acts and obstruction of lawful activities to implement agreements concluded between Commissioner on Elimination and the Government of Russia, the Ministry of Defense of Russia, physical force, weapons and special means are used to neutralize the violators.
If possible, violators are detained and delivered to the military commandant’s office of another territorial subordination for the purpose of an objective examination of the incident.
4.10.3. If there are signs of criminal offenses, the offenders are delivered to the preliminary investigation body (inquiry body).
Commissioner on Elimination shall send an application for initiation of a criminal case to the Main Military Prosecutor’s Office with the attached video materials recorded by body-worn video recording devices and witness testimony of Evacuation Group Commander and the authorized officer for special assignments regarding the commission of illegal acts and obstruction of lawful activities for the implementation of agreements concluded between Commissioner on Elimination and the Government of Russia, the Ministry of Defense of Russia.
Criminal cases are initiated under articles of the Criminal Code of Russia that provide for liability for abuse of office, arbitrariness and other acts.
The authorized officer for special assignments sends a report on the incident to the Russian Ministry of Defense.
4.10.4. Commissioner on Elimination sends letters of demand on the inadmissibility of obstructing the lawful activities for the implementation of agreements concluded between Commissioner on Elimination and the Government of Russia, the Ministry of Defense of Russia with the demand to hold violators accountable and to prevent the commission of illegal acts in all cases.
The Russian Ministry of Defense conducts explanatory and preventive work among military personnel regarding the inadmissibility of obstructing the lawful activities of the evacuation group.
4.10.5. In the event of obstruction of lawful activities by any entities in the zone of active combat operations, the Evacuation Group and participants in the operation have the right to use all available weapons to neutralize them.
4.11. Outcome of the evacuation operation
4.11.1. The evacuation operation is considered complete after all or part of the returned persons, the wounded and the dead, have been delivered to the base point.
The evacuation operation is considered cancelled if no one has been delivered to the base point.
4.11.2. The wounded from among the returned persons are subject to delivery to foreign medical clinics.
4.11.3. At the base point, the wounded and dead are handed over to units of the Russian army.
4.12. Actions in case of cancellation of evacuation operations
4.12.1. Commissioner on Elimination sends appeals to one or both parties that violated the ceasefire regime, demanding that the concluded agreements be observed.
4.12.2. In the event of repeated or subsequent violations of the ceasefire, Commissioner on Elimination shall appeal to the UN Human Rights Council and the UN Security Council with a proposal to take measures against the party(ies) that violated the ceasefire.
4.12.3. When making appeals, documentary evidence of violations of the ceasefire regime, recorded by means of objective control, is presented.
4.13. Work of pilots during delivery
4.13.1. The delivery of returned persons to their place of permanent residence is carried out on the aircraft of Commissioner on Elimination.
Commissioner on Elimination provides pilot commanders with preliminary information on the number of persons to be returned, the regions and cities to which they must be delivered.
Based on the information provided, the pilots-in-command of the aircraft develop a flight route.
Upon arrival in Russia at a military airfield or civil airport, if necessary, pilot-commanders adjust the flight route taking into account the actual presence of previously declared returned persons.
Delivery is carried out to the airport of the capital of the region of their permanent residence — a subject of Russia.
4.13.2. The crew(s) of pilots must be at the aircraft base location and be ready to carry out the mission on the date and time of the start of the evacuation operation.
By this time, the aircraft(s) must be fully prepared and all necessary pre-flight activities must have been completed.
Taking into account the time of the evacuation operation, possible retreat to the base point, possible repeated attempt to carry out the evacuation operation, as well as other factors and circumstances, the waiting time can be from several hours to several days. Taking into account the maximum duration of the operation, the waiting time can be up to 8 days.
4.13.3. After the evacuation operation is deemed complete, Commissioner on Elimination issues an order for his aircraft(s) to arrive from their base at the military airfield or civil airport in Russia from which returned persons are planned to be delivered.
In the event of a final termination of the evacuation operation, Commissioner on Elimination issues an order to cancel the mission.
4.13.4. Ambulance aircraft(s) must arrive at a military airfield or civil airport in Russia at the time the evacuation operation begins and wait there.
Evacuation group members arrive to guard and ensure the safety of the aircraft and medical workers.
4.13.5. Delivery of returned persons is carried out throughout the territory of Russia.
Taking into account the need to ensure the work and rest regime of pilots, this may require the presence of an additional replacement crew of pilots for one aircraft.
In this case, the replacement crew of pilots arrives at the aircraft base at the same time as the main crew.
Commissioner on Elimination may be on board the aircraft with the persons being returned or accompany the return on his personal aircraft.
The replacement crew(s) may travel on the route in their own aircraft(s) or the personal aircraft of Commissioner on Elimination.
4.14. Delivery of returned persons
to their place of permanent residence
4.14.1. The returned persons are delivered to the airport of the capital of the region of their permanent residence – a constituent entity of Russia.
Commissioner on Elimination and a limited contingent of the evacuation group accompany the returned persons to their region of permanent residence.
4.14.2. After landing and passing through security at the airport of arrival, the person(s) being returned signs (sign) the Certificate of Arrival in the Region of Permanent Residence.
To confirm delivery, photographs are taken against the background of the airport with the time indicated, and video material is recorded in which each person being returned reports their arrival, indicating their personal data.
4.14.3. Certificates of arrival in the region of permanent residence, photo and video materials are the basis for the return of frozen assets.
4.14.4. Then the returned person(s) independently arrive (arrive) to their places of permanent residence.
If desired, the accompanying fighters of the evacuation group, who have arrived in their region of residence upon delivery, may take a short leave and leave together with the arriving returned persons from the airport.
- Procedure for conducting exchanges
5.1. Preliminary work on organizing exchanges
5.1.1. The exchange conducted by Commissioner on Elimination is a process by which:
— on the one hand, representatives of the indigenous peoples of Russia, who are in captivity on the territory of Ukraine, are released and returned to Russia or moved to foreign countries;
— on the other hand, military personnel or citizens of Ukraine who are in captivity on the territory of Russia are released and returned to Ukraine.
5.1.2. The Ministry of Defense of Ukraine submits to Commissioner on Elimination:
— lists of captured military personnel and citizens of Ukraine for exchange who are in places of forced detention on the territory of Russia;
— lists of representatives of indigenous peoples held captive on the territory of Ukraine.
5.1.3. Commissioner on Elimination sends an appeal to the Ministry of Defense of Ukraine with a proposal to disseminate information about the possibility of exchanging captured representatives of the indigenous peoples of Russia in places of forced detention.
5.1.4. Commissioner on Elimination forms the lists for exchange and submits them to the Russian Ministry of Defense, which approves or adjusts them.
After adjustments and approvals involving both parties, a final list for exchange is formed.
5.1.5. The Russian Ministry of Defense issues an order to dismiss the exchanged military personnel with the provision of a lifelong exemption from military service.
5.2. Search for captured military personnel and citizens of Ukraine
on the territory of Russia
5.2.1. The exchange lists may include military personnel and citizens of Ukraine regarding whom there is reliable information that they were captured during an armed conflict, but their whereabouts have not been established and it is assumed that they may be in various places of forced detention on the territory of Russia.
These individuals are given the status of wanted persons and a search case is opened against them.
5.2.2. Commissioner on Elimination has the right to freely visit places of forced detention on the territory of Russia, subordinate to the Federal Penitentiary Service, the Federal Security Service, the Ministry of Defense, the Foreign Intelligence Service and other state authorities of Russia, as well as closed-type psychiatric hospitals.
5.2.3. A citizen of Ukraine is involved in the search — a specialist in identifying people, possessing special knowledge and experience in the field of physiognomy, medicine and psychology. He models the change in the appearance of the wanted persons, taking into account various factors of influence for use in the work.
A human identification specialist is appointed to the vacant position of specialist consultant and a temporary employment contract is concluded with him.
5.2.4. If necessary, Commissioner on Elimination visits places of forced detention together with a consultant-specialist in human identification.
Upon receipt of information about the location of wanted persons, Commissioner on Elimination carries out unannounced visits to places of forced detention on the territory of Russia, the heads of which are obliged to ensure a cell-by-cell inspection and inspection of other places of detention.
An accompanying consultant-specialist in identification of people takes part in the identification of wanted persons who, for various reasons, may be hiding from Russian state authorities or held under other names.
5.2.5. If wanted persons are found, they are included in the exchange lists.
5.3. Search for captured military personnel and citizens of Ukraine,
having difficulties with self-identification
5.3.1. Search activities are carried out taking into account the fact that a person may not know who he really is, that is, he cannot reliably identify himself.
This can occur as a result of memory loss, changes in consciousness and mental disorders due to a head wound or head injury, the use of psychotropic substances during interrogations, various methods of influence in captivity, as well as the occurrence of various diseases.
Therefore, such individuals may have an inadequate perception of the surrounding reality; they may answer questions about their identity inaccurately, that is, provide false information about themselves.
A consultant-specialist in human identification holds meetings with relatives and colleagues, where they present additional detailed information about the wanted person: special features (scars, pigment spots, tattoos, etc.), specific speech defects, behavioral features, facial expressions, gestures, etc.
5.3.2. Upon receipt of information about the location of wanted persons, Commissioner on Elimination, together with a consultant-specialist in the identification of people, arrives on an unannounced visit to places of forced detention on the territory of Russia, including closed-type psychiatric hospitals, and conducts a cell-by-cell inspection and inspection of other places of detention.
A specialist consultant identifies a person who may potentially be a wanted person.
Next, he asks the specified person questions and asks to show parts of the body on which special marks may be located.
5.3.3. In the event of identification of the wanted person by the specialist consultant, Commissioner on Elimination fills out the Identification Protocol.
The protocol shall indicate the presence of a specific list of signs of similarity between the said person and the wanted person, the date of the decision of the state body or court on the basis of which the said person was placed in the given institution, as well as other significant circumstances.
The head of the institution enters his arguments and objections into the minutes.
A short conversation of up to 20 minutes is conducted with the specified person, during which it is recorded on video.
5.3.4. The consultant-specialist in identification of people communicates the results of the trip to the relatives and colleagues of the wanted person and presents a video recording.
In agreement with relatives and colleagues, the specialist consultant presents a reasoned written opinion on the advisability of including the given person on the exchange lists or the absence of such a need.
This document is sent to the Ministry of Defense of Ukraine as a supporting document for including this person in the exchange lists.
5.3.5. Commissioner on Elimination sends a Petition to the relevant Russian government bodies to recognize this person as an unidentified resident of Russia, identified by the government bodies of Ukraine as a serviceman (citizen) of Ukraine previously captured during an armed conflict, and to include him in the exchange lists.
5.4. Assistance to captured Russian servicemen,
having difficulties with self-identification
5.4.1. Commissioner on Elimination provides assistance to captured Russian servicemen who are on the territory of Ukraine and cannot reliably identify themselves due to memory loss and various disorders, in establishing their identity, searching for relatives and other contact persons in Russia.
5.4.2. To this end, when visiting places of forced detention on the territory of Ukraine, Commissioner on Elimination meets with such persons and collects the necessary information to establish their identity, search for relatives and other contact persons in Russia.
5.4.3. Commissioner on Elimination carries out the relevant search and other work on the territory of Russia.
5.5. Conducting exchanges
5.5.1. The aircraft of Commissioner on Elimination arrives at the airport of a populated area in Russia where there is a place of forced detention in which captured military personnel and Ukrainian citizens are being exchanged.
To ensure security and maintain law and order, the exchange is accompanied by a limited contingent of evacuation forces.
5.5.2. The exchanged persons are delivered to the airport and received by Commissioner on Elimination (Evacuation Group Commander).
At the same time, the identity of the persons being exchanged is checked.
The aircraft of Commissioner on Elimination then flies to Ukraine or another Russian city to receive other exchanged persons.
If necessary, several aircraft of Commissioner on Elimination may be used to exchange a significant number of people.
5.5.3. In Ukraine, Commissioner on Elimination (Evacuation Group Commander) transfers the exchanged persons to the state authorities of Ukraine.
The state authorities of Ukraine transfer the exchanged persons – citizens of Russia – to Commissioner on Elimination (Evacuation Group Commander), except for those who indicated in the application their unwillingness to return to Russia.
5.5.4. Persons who do not wish to return to Russia remain in the place of forced detention until their issue is resolved.
Commissioner on Elimination is negotiating with the states to which they have expressed a desire to relocate.
If this is not possible, a search is conducted for another state with the most acceptable conditions for adaptation and integration, and also taking into account the wishes of the person being exchanged.
5.5.5. The delivery of exchanged persons during exchanges is carried out in the same way as during return — on the aircraft of Commissioner on Elimination to the airport of the capital of the region of their permanent residence — a subject of Russia.
The exchanged persons also sign Certificates of Arrival in the Region of Permanent Residence, and photographs and videos are taken.
The exchanged persons have the right to compensation for lost earnings and property, and rehabilitation at the expense of the medical fund.
5.6. Work of authorized bodies with exchanged persons
5.6.1. After arrival in Russia, the Federal Security Service and other interested agencies conduct interrogations of returned persons at the airport of the first destination in the presence of Commissioner on Elimination, an international lawyer and a Russian lawyer.
They ensure confidentiality and non-disclosure of information that became known to them during interrogations.
5.6.2. The work of authorized bodies with all returned persons is carried out within one daylight hours, no more than one day, and without placement in filtration camps of the Russian Ministry of Defense.
5.6.3. If necessary, additional interrogations are entrusted to the territorial bodies of the authorized bodies at the place of residence of the person being returned. For this purpose, the authorized bodies are required to provide grounds for the need to conduct them.
In this case, the presence of an international lawyer and a Russian lawyer is ensured. For this purpose, they are sent to the region of residence of the person being returned.
The international lawyer and the Russian lawyer shall inform Commissioner on Elimination of all significant legal actions and events that have occurred with the person being returned.
5.6.4. An international and Russian lawyer are appointed to vacant positions of specialist consultants and temporary employment contracts are concluded with them.
- Return of frozen assets
6.1. Commissioner on Elimination arrives at the government bodies of foreign states in whose jurisdiction the frozen assets are located and with which agreements have been reached on the return of the frozen assets.
6.2. He presents the Certificates of arrival of returned and exchanged persons to the regions of permanent residence, photo and video materials about their arrival, as well as contact information of the returned persons.
Representatives of government bodies of foreign countries check documents and materials for authenticity, may ask questions of interest, and also conduct random checks of arrival by making video calls and conversations with returned and exchanged persons in order to personally verify their actual location and state of health.
6.3. In the event that all terms of the agreement are confirmed to have been fulfilled, representatives of government bodies of foreign states shall return part of the frozen assets, based on the number of persons returned and the established fixed amounts.
Assets are transferred to the accounts of embassies, consulates and other Russian government bodies specified in the agreement concluded between Commissioner on Elimination and the Government of Russia.
6.4. Funds for wounded returned persons are transferred only after their full recovery.
6.5. Funds for deceased (dead) returned persons are transferred to their relatives or trusted persons, and are not transferred to Russian government agencies.
Also, frozen assets of Russia are used to pay for the funeral expenses of deceased (dead) returned persons.
- Targeted use of returned assets
for non-military purposes
7.1. Returned frozen assets are used strictly for non-military purposes.
They are proportionally directed towards solving the following problems:
— the problem of hunger in Russia;
— the problem of emergency life support facilities that can lead to man-made disasters in Russia;
— the problem of access of indigenous peoples of Russia to bioresources.
7.2. The problem of hunger in Russia is relevant, since in the conditions of understated minimum social standards (living wage, consumer basket, minimum wage, pensions, benefits and others), a significant part of Russian citizens are forced to save on food and go hungry, and Russian government bodies continue to increase grain exports while the price of bread increases.
The priority areas for spending funds in terms of solving the problem of hunger in Russia are:
— issuing food payment cards to needy categories of the population with a fixed amount equal to the cost of the consumer food basket, with which they can purchase socially significant essential food products and the amount of which is not taken into account when calculating state payments (pensions, benefits, etc.), as well as replenishing them;
— creation of points for free distribution of essential food products to needy categories of the population;
— purchase of grain from producers and its sale to bakeries at subsidized prices;
— subsidizing the production and transportation of socially significant food products of prime necessity in the regions of the North, Siberia and the Far East.
7.3. Priority areas for spending funds in terms of solving the problem of emergency life support facilities that could lead to man-made disasters in Russia:
— repair and modernization of emergency life support facilities in remote and depressed regions of Russia, as well as in regions with budget deficits;
— construction of new life support facilities in such regions.
7.4. Priority areas for spending funds in terms of solving the problem of access of indigenous peoples of Russia to bioresources:
— payment of the cost of paid licenses, permits and quotas for fishing, extraction of hunting resources and other biological resources for personal consumption by representatives of indigenous peoples of Russia;
— financing of activities to create diversity of biological resources in the areas where indigenous peoples of Russia live.
7.5. The direction of funds should provide for direct targeted delivery of funds to specific recipients without intermediaries in order to minimize corruption risks and abuse.
The Russian government is developing mechanisms for direct targeted delivery of funds and is determining a list of specific recipients of funds.
These mechanisms and lists of priority areas for spending funds are submitted to the designated UN body and Commissioner on Elimination for approval and adjustments.
After their final approval, a legal act of the Government of Russia is adopted on the targeted use of returned assets in accordance with the priority areas for spending funds.
7.6. The Russian Government shall submit monthly reports to UN bodies on the use of returned assets. In the event of no receipt of assets in a particular month, no report shall be submitted.
7.7. UN auditors conduct an independent audit twice a year of the expenditure of returned assets to ensure that they are used for their intended purpose.
* * * * *
Application
«Application for participation in the return
or exchange to Commissioner on Elimination»
To Commissioner on Elimination
of Participation of Indigenous Representatives
in Armed Conflict between Ukraine and Russia
Statement
I, _____________________________________________________________________ surname, name, patronymic,
citizen of Russia, representative of the indigenous people of Russia
_______________________________________________________________________ name of an indigenous people
I live at the address : ______________________________________________________________
I am a serviceman of the Russian Armed Forces and I am (was) participating in a special military operation.
At present I (underline as appropriate):
-1.) I am in the area where a special military operation is being conducted;
-2.) I am temporarily absent from the area where a special military operation is being conducted for a valid reason;
-3.) I am in captivity on the territory of Ukraine.
Personal number: ________________________________________________________
Passport details: _________________________________________________________
Military ID details: _______________________________________________________
Military unit details: ______________________________________________________
I ask for assistance (underline as appropriate):
-1.) in ending my participation in the armed conflict between Ukraine and Russia
-2.) in releasing me from captivity with the subsequent termination of my participation in the armed conflict between Ukraine and Russia
due to the following circumstances.
I do not wish to take part in the armed conflict between Ukraine and Russia, as I was mobilized against my will as part of a partial mobilization on an involuntary forced basis
_______________________________________________________________________
date, name of the locality and subject of Russia where the mobilization took place
I had no desire to participate in this armed conflict and was mobilized (underline as appropriate):
-1.) due to psychological pressure;
-2.) under threat of criminal prosecution;
-3.) by misleading.
During the mobilization period I did not have access to legal assistance, I did not have the opportunity to contact a lawyer or attorney.
I involuntarily signed a contract with the Russian Ministry of Defense
(To be filled in if this fact is present; not to be filled in if it is absent)
(underline as appropriate):
-1.) due to psychological pressure;
-2.) under threat of criminal prosecution;
-3.) by misleading;
_______________________________________________________________________
date, name of the military unit, locality and subject of Russia,
where the contract with the Russian Ministry of Defense was signed
I ask for assistance in compensating for lost earnings and property.
I don’t want to go back to Russia and live there.
(To be filled in by prisoners of war, if desired)
In this regard, I ask for assistance in moving me to the territory of a foreign state _______________________________________________________________________
(if desired, specify the name of a foreign country or leave blank)
After receiving a permanent residence permit in a foreign country or foreign citizenship, I will renounce Russian citizenship.
(To be filled in by prisoners of war, if desired)
Justification for the Application
I am enclosing the following explanations and justifications.
Since February 2022, a special military operation has been underway in Russia, which, by definition, was supposed to be limited in time and space, and a limited contingent of armed forces was supposed to be involved.
However, this has been going on for over 2 years. Almost the entire Russian army is taking part in it. There are a number of significant restrictions on the rights of citizens in Russia. The fighting is already taking place on Russian territory.
However, war has not been declared in Russia and martial law has not been introduced, which provides for constitutional restrictions on the rights of citizens and the implementation of appropriate mobilization measures.
Article 3 of the Universal Declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights enshrine the right of everyone to life, the content of which is that no one may be intentionally deprived of life.
Article 4 of the Universal Declaration of Human Rights and Article 8 of the International Covenant on Civil and Political Rights enshrine the right of everyone to freedom from servitude.
However, I believe that these rights of mine have been violated, since in the zone of a special military operation:
— I may (could) die with a high degree of probability, which violates my Right to life;
— I do not have (had) the opportunity to terminate the contract with the Ministry of Defense or to terminate other relations with it, since my stay here is (was) of an indefinite nature (until the end of the special military operation), which has the characteristics of being kept in a state of servitude and violates my right to freedom from being kept in a state of servitude.
These violations of my fundamental rights guaranteed by international law are taking place in conditions where war has not been declared in Russia and martial law has not been introduced.
My rights as a representative of the indigenous people of Russia have also been violated.
In Russia, a number of norms of international law that concern indigenous peoples have not been implemented into national legislation, which makes it impossible to apply them on Russian territory.
However, the implementation of the rights of indigenous peoples in relation to representatives of the indigenous people of Russia is possible at the supranational level by the relevant Authorized officials and bodies.
Due to this:
— I declare that the attribution of international rights of indigenous peoples to me, as a representative of an indigenous people, and the possibility of realizing them are determined by birth, and not by citizenship and the degree of implementation of these rights in national legislation;
— I appeal to you, as an official authorized to implement the norms of international law, to directly apply the norms of international law to me, including those concerning indigenous peoples.
I report that the International Principle of Free, Prior and Informed Consent has been violated in relation to me in the context of its application to an individual, as I have been mobilized against my will.
Free, prior and informed consent is consent that is given freely by people, fully informed of the consequences, before any decision is made and in accordance with their own decision-making processes.
I was not informed in advance (underline as appropriate):
-1.) that I will be sent to a special military operation to participate in combat operations;
-2.) about the actual conditions of service in the special military operation zone and did not realize what a special military operation was and what would happen to me there.
I believe that the conduct of an event called a «special military operation» has a significant impact on the lives of my indigenous people, since many of my people (or a certain number of my small indigenous people) were mobilized to participate in a special military operation where there is a high probability of death.
I report that my indigenous people did not have free, prior and informed consent for the special military operation.
Also, in the region where I live and in the country as a whole, no referendum or other events were held for the voluntary expression of the will of Russian citizens to approve the conduct of a special military operation.
Thus,
-based on Articles 3 and 4 of the Universal Declaration of Human Rights, Articles 6 and 8 of the International Covenant on Civil and Political Rights, which affirm the Right to life and the Right to freedom from servitude;
— in view of the violation of the International principle of free, prior and informed consent, enshrined in the Declaration on the Rights of Indigenous Peoples, in the context of application to an individual, when I was mobilized against my own will;
I ask for your assistance in ending my participation in the armed conflict between Ukraine and Russia.
I undertake to provide all information and details necessary to carry out the return (exchange).
I authorize the conclusion on my behalf of a life and health insurance contract, valid from the moment my name is entered into the register until arrival in the region of permanent residence (for returned persons).
I agree to the processing of personal data.
This consent is given for the implementation of any actions with respect to my personal data that are necessary to achieve the above actions, including collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution, depersonalization, destruction of personal data, as well as the implementation of any other actions with my personal data in compliance with the restrictions and requirements established by law.
Date
Full name
Signature
(The text below is filled in by a close relative or legal representative of the person being returned; the audio recording can be submitted as an audio file via email or on an electronic medium).
The application is written and signed by a close relative or legal representative of the person being returned.
(underline as appropriate)
_____________________________________________________________________
surname, name, patronymic
I attach an audio recording of the returned person reproducing the entire text of the Statement in full orally.
I confirm the authenticity of the voice of the person being returned and the correspondence of what he said to the text of the statement.
Note
Due to restrictions on the use of communications equipment in the armed conflict zone, possible difficulties with access to paper, writing materials and sending correspondence, it may be difficult for returned persons to complete and send applications in person.
In this regard, the Application may be completed, signed and sent by the following persons:
— a close relative of the person being returned;
— legal representative of the person being returned.
The application can be handwritten or completed on a printed form.
It must be signed.
The signed application is then sent in electronic scanned (photographed) form by email or in paper form by mail to Commissioner on Elimination.
A close relative of the person being returned shall submit a copy of a document proving relationship with the person being returned.
The legal representative of the person being returned shall submit a notarized power of attorney to represent interests.
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