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Recommendation 1441 (2000)
Situation in Bélarus
1. The Assembly recalls that following the
referendum of 26 November 1996 and the ensuing constitutional changes, the
Bureau of the Assembly suspended the Belarus Parliament’s Special Guest status.
On 17 December 1998, the Bureau decided to maintain the suspension and to
formally suspend the procedure concerning Belarus’s application, submitted in
March 1993, for membership of the Council of Europe.
2. The Assembly
expresses its profound concern that Belarus continues to fall seriously short
of Council of Europe standards as regards pluralist democracy, the rule of law
and human rights.
3. It condemns in the strongest possible terms the
executions in Belarus and deplores the fact that Belarus is currently the only
country in Europe where the death penalty is enforced and, moreover, is
regularly and widely enforced.
4. The Assembly also condemns the
persecution of opponents of the current regime, such as members of the 13th
Soviet, which is the last legitimate parliamentary representation of Belarus,
opposition parties and independent trade unions, journalists and participants
in demonstrations and strikes. It expresses its profound concern at the
disappearance of political opponents in Belarus.
5. In this
connection, the Assembly took note with satisfaction of the release from
custody of Mr Chigir, former Prime Minister of Belarus, and urges the
authorities to respect strictly his right to a fair trial.
6. The
Assembly considers that the exercise of freedom of expression, assembly and
association is severely restricted in Belarus by various legal and
administrative measures and by other methods employed by the
authorities.
7. The Assembly is also concerned that neither the
independence of the judiciary nor of the Bar is guaranteed. It is particularly
worried about reports that certain lawyers are being harassed by the
authorities.
8. In these circumstances, the Assembly considers that
there can be no change in the present situation regarding the suspension of
Special Guest status and of the accession procedure.
9. The Assembly
considers that the Belarusian institutions’ democratic legitimacy can only be
restored through political dialogue between the authorities and the opposition,
culminating in democratic elections. In this connection, it welcomes the
agreement between the government and opposition representatives to begin
negotiations on resolving the current political crisis.
10. The
Assembly calls upon all political forces in Belarus, and in particular the
Belarusian authorities, to ensure that these negotiations start as soon as
possible and lead to the establishment of conditions that are conducive to the
holding of free and fair elections.
11. The Assembly considers that
the Council of Europe should become more involved in efforts to resolve the
crisis in Belarus and should lend its support to the democratic forces in
Belarus and help ensure that the negotiations break the current political
deadlock in the country.
12. The Assembly believes it is vital to get
Belarus more involved in the European co-operation process. It is convinced
that the only possible future for Belarus is to become a fully-fledged member
of the European family of democratic nations.
13. The Assembly welcomes
the request of the Belarusian authorities to obtain the opinion of the Venice
Commission experts on the draft electoral code and emphasises the importance of
implementing the experts’ recommendations.
14. The Assembly urges the
Belarusian authorities to undertake the following, the positive response to
which would be taken account of in deciding to review the current suspension of
Special Guest status:
14.1. to declare an
immediate moratorium on executions and set in motion the legislative procedure
for the abolition of capital punishment;
14.2. to release those
arrested or convicted for politically motivated reasons, to clarify what has
happened to the people who have disappeared and to put an end to political
persecution;
14.3. to ensure full respect for freedom of
expression, assembly and association, in particular by guaranteeing the
opposition fair access to state-controlled radio and television and allowing
free enjoyment of the right to hold demonstrations and strikes;
14.4. to take measures to establish the independence of the judiciary and
the Bar, and to cease the harassment of lawyers;
14.5. to
co-operate in good faith with the opposition and international organisations
with a view to establishing a democratic and pluralistic society
14.6. to draft an electoral law which enables the holding of free and fair
elections and, at the same time, to do their utmost to strengthen the powers of
Parliament.
15. The Assembly recommends that the
Committee of Ministers:
15.1. consider, as a
matter of urgency, and in conjunction with the OSCE and its Advisory and
Monitoring Group in Minsk (AMG), how the Council of Europe can make a
contribution to the success of negotiations between the government and the
opposition;
15.2. actively support the elaboration of an
electoral law with a view to guaranteeing the holding of free and fair
elections in Belarus, at local, regional and national levels, in conformity
with international standards;
15.3. set up programmes aimed at
strengthening human rights and fundamental freedoms, civil society and the
independent media in Belarus, particularly during the run-up to the
elections;
15.4. make arrangements for a Council of Europe
representative to be present in Minsk to facilitate the preparation and
implementation of these programmes and the forging of direct, permanent links
with the country’s political forces as the elections draw
nearer.