Russian Federation Law On Refugees - Historical Development of Refugee Law in Russia

Historical Development of Refugee Law in Russia

In 1951, a convention relating to the status and protection of refugees was approved at a special United Nations conference. The Former Soviet Union (“FSU”), however, never ratified the 1951 Convention - partly because they viewed the Convention as a treaty whose standards “were dictated by the Western Countries”. After the collapse of the Soviet Union, however, a large number of people from Former Soviet Union republics migrated into the Russian Federation. In direct response to the dramatic migration into the country, Russia, in 1992, accepted the establishment of the UNHCR and established the Federal Migration Service (“FMS”). A year after establishing the FMS, Russia acceded to the 1951 Convention (and the 1967 Protocol) and enacted specific legislation to address the increased migration.

In 1993, Russia adopted three laws to address the issue of migration. The first law, incorporated under the Russian Constitution, grants individuals the right to claim political asylum in Russia. The second law, the Law on Forced Migrants, addressed those asylum seekers who either already had Russian citizenship or were qualified to obtain it. These migrants were mainly people living in FSU republics, with or without Russian citizenship, that were forced to move to Russia after the fall of the Soviet Union for economic reasons. The Law on Forced Migrants allowed these individuals to freely and legally move to Russia. The third law, the Law on Refugees, addressed those asylum seekers coming from states other than the Former Soviet Union republics, or the “far abroad”. In effect, the laws enacted in 1993 were meant to offer protection first to former Soviet citizens, and second to citizens of all other countries. In fact, the dominant interpretation of the 1993 Law on Refugees was that refugee status was to be granted only to asylum seekers from the “near abroad”, referring to FSU republics. However, as Russia began to develop in the mid 1990s, large numbers of individuals fearing persecution for various reasons in the Middle East, Africa, and Asia viewed Russia as a safe place to migrate. In response, in 1997, Russia amended and replaced the 1993 Law on Refugees to better address those individuals who have traveled to Russia in need of international protection.