VZCZCXRO2939
RR RUEHDBU RUEHLN RUEHPOD RUEHVK RUEHYG
DE RUEHMO #5205 3031404
ZNR UUUUU ZZH
R 301404Z OCT 07
FM AMEMBASSY MOSCOW
TO RUEHC/SECSTATE WASHDC 4922
INFO RUEHXD/MOSCOW POLITICAL COLLECTIVE
RUCNCIS/CIS COLLECTIVE
RUEHVK/AMCONSUL VLADIVOSTOK 2498
RUEHYG/AMCONSUL YEKATERINBURG 2803
RUEHLN/AMCONSUL ST PETERSBURG 4648

UNCLAS MOSCOW 005205 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM PHUM RS
SUBJECT: BACKLASH TO DUMA AMENDMENTS PROPOSING RESTRICTIONS ON 
REFERENDUMS 
 
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Summary 
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¶1. (U) Amendments to the "law on referendums" which are working 
their way through the State Duma, would greatly restrict if not 
abolish the right of Russian citizens to express their views through 
national plebiscites. The amendments, offered by three members of 
the ruling United Russia party, had their first reading in early 
October and could be approved by the Duma and sent to the Federation 
Council by mid-November. Human rights advocates see the amendments 
as a way to limit citizen participation in government. The 
Constitutional Court has already commented that the Duma has no 
right to restrict the use of referendums by citizens. End summary. 
 
 
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Weakening the Law on Referendums 
-------------------------------- 
 
¶2. (U) Amendments to the law on referendums, which had their first 
reading in the State Duma on October 11, would ban the use of 
referendums on issues that come under "exclusive jurisdiction of 
government bodies." Under the Constitution, citizens have the right 
to participate in government through referendums. Article 32 of the 
Constitution states: "Citizens of the Russian Federation shall have 
the right to elect and to be elected to bodies of state governance 
and to organs of local self-government, as well as take part in a 
referendum." 
 
¶3. (SBU) The amendments are currently in the Duma's Committee on 
Constitutional Legislation and State Building. According to news 
reports, the amendments could have their second and final readings 
by mid-November. Supporters of the bill have said that the 
amendments are needed to "prevent public discord." The use of legal 
referendums in Russia to date has been limited. Referendums were 
used to approve the mergers of several of Russia's regions.  The 
communists and liberals have most often tried to use referendums to 
make policy but their attempts have typically failed. 
 
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Restricting the Right to Participate 
------------------------------------ 
 
¶4. (SBU) Human rights advocates are opposed to the bill. Human 
Rights Watch's Allison Gill said the amendments effectively would 
abolish the use of referendums. William Smirnov, a member of the 
President's Human Rights Council agreed and told us the legislation 
contradicts the Constitution-enshrined right to hold referendums. 
Smirnov predicted that the amendments will be changed because, from 
a legal perspective, they are not well written. Although their 
purpose was obvious - to substantially reduce the right to use 
referendums -- he believed the bill was too sensitive to be passed 
so easily. Smirnov speculated that its supporters may have 
intentionally proposed extreme language in order to ensure that any 
compromise that emerges would scale back citizens' ability to use 
referendums. 
 
¶5. (U) In a rare comment on pending legislation, the Constitutional 
Court opined that deputies have "no right to abolish or severely 
restrict the right of citizens to participate in referendums." This 
was only the second time the Constitutional Court has commented 
prior to a law being enacted. The first time was when the Duma was 
considering the Court's move to St. Petersburg. The opinion of the 
Constitutional Court does not have legal bearing at this stage; 
however, the fact that they chose to comment sends a strong signal 
that the amendments, if passed as is, could have trouble if 
challenged in court. 
 
¶6. (SBU) A week after the first reading of the amendments, the civic 
youth movement "Oborona" staged a protest in front of the State 
Duma. They handed out flyers which blamed United Russia for trying 
to take away this last possible route for citizens to have a say in 
the life of the country. Embassy observed five members of Oborona 
being detained by police. 
 
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Comment 
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¶7. (SBU) In addition to the Constitutional Court's comments, the 
proposal to restrict referendums has prompted much negative 
commentary in the press. It is possible that the reaction may stop 
the adoption of the amendments, or postpone it until after the 
campaign, which culminates in Duma elections December 2.