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Resolution 1671 (2009)
Situation in Belarus
1. The situation
in Belarus has been the focus of close attention by the Parliamentary
Assembly since 1992, when the Belarusian parliament was granted
special guest status. Belarus’ lack of progress in the field of democracy,
human rights and the rule of law, however, led to the suspension
of this status in 1997, and to the freezing of Belarus’ membership
application to the Council of Europe the following year. The Assembly continues
to look forward to the time when Belarus meets the conditions to
be a member of the Council of Europe and its authorities undertake
a firm commitment to live up to the standards of the Organisation
and embrace its values.
2. In recent months, important developments have taken place
in Belarus: between January and August 2008, nine opposition figures
considered as political prisoners were released, including former
presidential candidate Alexander Kozulin. As a result, since then,
in Belarus, there have been no internationally recognised political
prisoners. The Assembly welcomes this tangible progress and calls
for it to be made irreversible.
3. The Assembly also welcomes the registration of the opposition
movement “For Freedom!”, as well as the possibility for three independent
publications – Narodnaya Volya, Nashe Niva and Uzgorak – to be published in Belarus
and their inclusion in the state distribution network. However,
media freedom is far from respected in Belarus, especially with
regard to broadcasting.
4. It also considers as a positive development the setting up
of a number of consultative councils, under the aegis of the presidential
administration and other state bodies, as fora where the authorities
can engage in constructive dialogue with representatives of non-governmental
organisations and civil society. The Assembly hopes that the outcome
of the discussions taking place in the consultative councils will
lead to legislative and policy measures.
5. Concerning the disappearance of four political opponents in
1999 and 2000, the Assembly notes with satisfaction that none of
the senior officials named, in Resolution 1371 (2004) on disappeared persons in Belarus, as being strongly
suspected of involvement either in the disappearances themselves
or in their cover-up still occupies a position of responsibility.
It strongly regrets, however, that the investigations into these crimes
have still not been allowed to progress any further, despite the
elements provided in the Assembly’s report.
6. What adds to the importance of these developments is that
they respond to precise demands coming from European organisations,
and that they have been undertaken in the context of the resumption
of political dialogue with the Belarusian leadership.
7. In effect, following the release of all political prisoners
in Belarus, in October 2008 the European Union took the decision
to resume contacts with the Belarusian leadership at the highest
level and to suspend, even if partially and temporarily, the visa
ban against a number of high-ranking Belarusian officials, including President
Lukashenko. This suspension was extended for an additional nine
months in April 2009. The willingness of the European Union to normalise
relations with Belarus was epitomised by the visit of the European
Union High Representative for Common Foreign and Security Policy,
Mr Javier Solana, to Minsk and his meeting with President Lukashenko
on 19 February 2009.
8. Belarus is also one of the six countries that will participate
in the Eastern Partnership, a new instrument designed to strengthen
political and economic co-operation between the European Union and
its eastern European and Caucasian neighbours, with a view to enhancing
their stability and supporting democratic and market-oriented reforms.
The level of Belarus’ participation will depend on the overall development
of its relations with the European Union. In this context, Belarus
attended the Eastern Partnership summit in Prague on 7 May 2009.
The European Union also intends to establish a human rights dialogue
with Belarus.
9. The Council of Europe, for its part, has recently intensified
its contacts with the Belarusian authorities: following a visit
by a delegation of the Assembly’s Political Affairs Committee in
February 2009, Minister Miguel Angel Moratinos conducted an official
visit to Minsk, in March 2009, in his capacity as Chair of the Committee of
Ministers. A few weeks earlier, the Belarusian authorities had finally
given their consent to the opening of an Infopoint on the Council
of Europe in Minsk, an idea initiated by the Assembly itself and
developed by the Slovak Chairmanship of the Committee of Ministers.
The opening ceremony of the Infopoint took place in June 2009.
10. Furthermore, in December 2008, the Congress of Local and Regional
Authorities of the Council of Europe decided to grant observer status
to the Council for Co-operation of Local Self-Government Bodies
of the Council of the Republic of the National Assembly of the Republic
of Belarus.
11. Despite recent positive developments, however, and the resumption
of contacts with European organisations, the situation in Belarus
continues to be a cause for concern.
12. Firstly, the parliamentary elections of September 2008 were
a missed opportunity for a decisive change towards democracy, as
they failed to meet European standards of freedom and fairness.
As highlighted by the Organization for Security and Co-operation
in Europe/Office for Democratic Institutions and Human Rights (OSCE/ODIHR),
serious shortcomings affected all stages of the electoral process,
from the availability of pluralist information for voters to the
lack of transparency of the vote count. These shortcomings inevitably
cast a doubt over the representativeness of the present parliament,
where no opposition candidate managed to gain a seat. It is, however,
to be welcomed that, following the final OSCE/ODIHR assessment,
the Belarusian authorities agreed to work with that organisation
on the reform of the country’s electoral legal framework and practice,
in order to align them with Belarus’ OSCE commitments.
13. As regards respect for political freedoms, harassment and
intimidation of opposition activists, in particular young people,
continue to take place through various means, such as unwarranted
searches of private houses, unlawful requisition of equipment, police
brutality during demonstrations and forced conscription into the
military service despite previous declarations of being unfit for
service. In addition, a number of political activists are under
house arrest and the criminal records of those political prisoners
who were released have not been erased, with the result that they
face limitations in the exercise of some rights, including the right
to run for elections.
14. The Assembly also takes note of the fact that, as of today,
three entrepreneurs, who are currently in detention, as well as
other persons who are subject to limitations of personal liberty,
are considered by the Belarusian opposition as political prisoners
or, at least, as victims of an abuse of the criminal justice system
for political reasons. The Assembly calls for an independent investigation
to be conducted into these cases, in order to clarify whether they
are political prisoners and, if so, to secure their release.
15. The situation regarding freedom of association also gives
rise to concerns: even if the political opposition movement “For
Freedom!” was finally registered in December 2008, other opposition
and human rights organisations continue to face obstacles in obtaining
registration by the Ministry of Justice, the latest example being
the human rights organisation “Nasha Viasna”, and its members risk
prosecution for membership in a non-registered organisation under
Article 193.1 of the Criminal Code.
16. The Assembly regrets that, despite the inclusion of three
independent publications in the state distribution network, the
other independent publications cannot benefit from this scheme and
cannot even be printed in Belarus. Absolute governmental control
over the printing and the distribution of the press as well as over
broadcasting is a flagrant violation of media freedom. Similarly,
the Assembly expresses concern at the difficulties encountered by
foreign journalists in obtaining press accreditation and by foreign
media, such as the satellite channel Belsat, in obtaining registration
by the Ministry of Foreign Affairs. It takes note, however, of the
numerous statements emanating from the Belarusian leadership on
their willingness to ensure that the new media law is not implemented
in such a way as to restrict freedom of expression. The Assembly
wishes that the same could be said for the implementation of the
Law on Counteraction against Extremism, which has recently led to
the suspension of the publication of the magazine Arche, later withdrawn following
international pressure.
17. It also regrets that capital executions can still be carried
out in Belarus, despite the reduction of the categories of crimes
for which they can be inflicted, a decrease in the number of death
sentences handed down in such cases and the fact that no executions
have been carried out since October 2008 according to official statements.
The Assembly recalls that, in the current constitution, the presence
of a provision on the death penalty is considered as a transitional
measure and that no legal impediment prevents either the president
or the parliament from introducing a moratorium on executions. While
no public statistics are available, the Assembly also takes note
of the information provided by the authorities that currently there
are no capital sentences whose execution is pending.
18. Considering that, although Belarus is far from Council of
Europe standards in the field of democracy, the rule of law and
human rights, its authorities have recently taken important steps
in the right direction; the Assembly thus resolves to encourage
the continuation of this process by engaging in a political dialogue
with the authorities, while at the same time continuing to support
the strengthening of democratic forces and civil society in the
country.
19. In the light of the above, the Assembly calls on its Bureau
to:
19.1. lift the suspension of
special guest status for the Parliament of Belarus after a moratorium
on the execution of the death penalty is decreed by the competent
Belarusian authorities;
19.2. also taking into account the opinion of the Political
Affairs Committee, follow the situation in Belarus and, within one
year, or sooner if the situation so requires, evaluate whether this
country has made substantive and irreversible progress towards Council
of Europe standards. In this context, special attention should be
given to the extent to which Belarus will have complied with the
recommendations made under paragraphs 21 and 22 of the present resolution
and to the co-operative attitude shown by the authorities in their
relations with the Council of Europe;
19.3. in the context of the restoration of special guest status
for the Belarusian Parliament and until the opposition is adequately
represented therein, ensure that a delegation of the Belarusian extraparliamentary
opposition is invited to participate in the work of the Assembly
and its committees, according to modalities which will be established
by the Bureau itself;
19.4. invite the Political Affairs Committee to continue to
follow the situation in Belarus, also relying on the activities
carried out by its Sub-Committee on Belarus, and report back to
the Assembly when necessary.
20. Furthermore, the Assembly calls on the Secretary General of
the Council of Europe to appoint a panel of independent experts
to investigate the new cases of alleged political prisoners in Belarus
and those which might arise.
21. Being convinced that dialogue can be sustained only through
Belarus’ continuous progress towards Council of Europe standards,
the Assembly calls on the Belarusian authorities to:
21.1. ensure the immediate release
of all political prisoners (as would be determined by the process established
by paragraph 20, above) and that there will be no setback on this
important issue;
21.2. immediately and unconditionally lift the restrictions
imposed on 11 young people sentenced to terms of restricted freedom
for their participation in a peaceful demonstration in January 2008;
21.3. co-operate with the Council of Europe in order to ascertain
whether the allegations that there are still a number of political
prisoners in Belarus are well founded;
21.4. erase the criminal record of former political prisoners,
to enable them fully to exercise their civil and political rights;
21.5. refrain from the harassment and intimidation of opposition
activists;
21.6. discontinue the practice of forced conscription of opposition
activists into the military service despite previous declarations
of being unfit for service;
21.7. ensure the respect of freedom of association, in particular
by:
21.7.1. removing all undue practical
and legal obstacles to the registration of political parties, groups
and human rights associations and introducing the possibility for
them to have their legal premises in residential buildings;
21.7.2. allowing the registration of the human rights organisation
“Nasha Viasna”;
21.7.3. repealing Article 193.1 of the Criminal Code;
21.8. ensure the respect of freedom of assembly, in particular
by:
21.8.1. enabling opposition organisations
to hold demonstrations in places where they can be visible to the
public;
21.8.2. ensuring that law-enforcement officials do not use excessive
force against demonstrators;
21.9. reform electoral legislation and practice by taking into
account the recommendations of the OSCE/ODIHR and the European Commission
for Democracy through Law (Venice Commission), in order to align
them to European standards and formally ask the Venice Commission,
with which it holds associate status, to be involved in this process;
21.10. ensure freedom of the media and the provision of pluralist
information, in particular by:
21.10.1. allowing
independent publications to be printed in Belarus and to be distributed
through the state network;
21.10.2. allowing the creation of independent printing houses and
independent distributors of print media;
21.10.3. abolishing the existing direct governmental control over
the state broadcaster and ensuring that the political opposition
can have fair access to broadcasting, especially before elections;
21.10.4. ensuring that Internet-based media can function without
administrative restrictions;
21.10.5. abolishing the overly restrictive penal laws on defamation,
in particular the offence of making false negative statements about
the Republic of Belarus and its state organs;
21.10.6. removing obstacles to the granting of entry visas and
the accreditation of foreign journalists;
21.10.7. registering the satellite channel Belsat and other satellite
channels once they apply, subject to the availability of technical
resources;
21.10.8. refraining from using the Law on Counteraction against
Extremism as a pretext to restrict or shut down the activities of
independent media outlets;
21.10.9. ensuring the non-restrictive implementation of the new
media law, especially as regards the obligation of re-registration;
21.11. ensure university autonomy and academic freedom, allow
the European Humanities University to reopen in Belarus and refrain
from excluding students and faculty from educational institutions
in Belarus for political reasons;
21.12. ensure the registration of the East European School of
Political Studies and consider participation therein by young government
officials;
21.13. give their full support to the functioning of the Infopoint
on the Council of Europe in Minsk and the implementation of its
activities;
21.14. make full use of the Council of Europe conventions of
which Belarus is a party, by participating actively and constructively
in the activities stemming from them.
22. Finally, the Assembly calls on the Belarusian Parliament and
other authorities to immediately declare an official moratorium
on death sentences and executions with a view to abolishing the
death penalty and to introducing appropriate legislation as the
next step towards its complete abolition.