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Resolution 2172 (2017)
The situation in Belarus
1. Over the past five years, since
the adoption of Parliamentary Assembly Resolution 1857 (2012) and Recommendation 1992 (2012) on
the situation in Belarus, the authorities of Belarus have engaged
in greater international openness and dialogue, including with the
Council of Europe, the European Union, the Organization for Security
and Co-operation in Europe (OSCE) and the United Nations. This,
for instance, allowed the Parliamentary Assembly to observe the
last presidential and parliamentary elections in October 2015 and
September 2016, respectively.
2. The Assembly deeply regrets that this positive trend has been
undermined by the recent escalation of mass violence and harassment
against peaceful protesters in February and March 2017. It deplores
in particular the use of administrative detention and harassment
to intimidate political opponents, journalists, human rights defenders
and ordinary people for exercising their right to peaceful protest,
and urges the Belarusian authorities to:
2.1. immediately release opposition activists still detained
and investigate allegations of ill-treatment and intimidation against
them;
2.2. continue dialogue with the international community and
move towards greater engagement with independent civil society organisations
and the political opposition.
3. Taking note of the final report of the OSCE’s Office for Democratic
Institutions and Human Rights on the 2015 presidential and 2016
parliamentary elections, the Assembly welcomes specific improvements
and an improved climate surrounding both elections; however, it
regrets that a number of long-standing shortcomings remain, including
restrictions on political rights and fundamental freedoms, as well
as procedural irregularities and lack of transparency.
4. The Assembly, which welcomes a number of positive developments,
including the release of all political prisoners and the presence
of two independent members in parliament, and the adoption by the
government of the first National Human Rights Action Plan in Belarus
for 2016-2020 in December 2016 and the registration of the Belarusian
civil society movement “Tell the Truth”, urges the authorities to
rehabilitate former political prisoners, fully restore their civil
and political rights, including the expunging of any criminal record
and limitations on their participation in political life and in
elections, and ensure that there is no obstacle to settling this
critical issue.
5. Nevertheless, the Assembly regrets the lack of political will
in the country to address repeated recommendations made by the Assembly
and numerous international and regional human rights protection bodies
to bring legislation into line with international standards in the
field of democracy, rule of law and human rights. It therefore calls
on the Government of Belarus to:
5.1. ensure
respect for freedom of association and peaceful assembly, in particular
by:
5.1.1. effectively guaranteeing the rights of citizens
to peaceful assembly and expression and refraining from using violence
and intimidation against demonstrators and human rights defenders;
5.1.2. revising article 193.1 of the Criminal Code, which currently
criminalises participation in unauthorised associations and public
events, by introducing a notification-based registration system;
5.1.3. removing undue practical and legal obstacles to the registration
of political parties and independent civil society and human rights
organisations, and allowing them the opportunity to house their
legal premises in residential buildings;
5.2. ensure respect for freedom of expression and of the media,
in particular by:
5.2.1. putting an end to the practice
of harassment and administrative prosecution of independent media,
including online-based outlets and freelance journalists working
with foreign media;
5.2.2. enabling freedom of the press, including journalists’
right to obtain and impart information without any interference,
and investigating all violations of journalists’ rights which unlawfully
restrict media freedom;
5.2.3. reforming the legal framework to avoid all forms of discrimination
against non-State-controlled press, in particular freelance and
online journalists;
5.3. ensure genuine political pluralism and free and fair elections,
in particular by:
5.3.1. resuming work on a comprehensive
electoral reform and swiftly implementing the recommendations made
by the OSCE election observation mission, also in co-operation with
the European Commission for Democracy through Law (Venice Commission),
of which Belarus is an observer member, in time for the municipal
elections of February 2018;
5.3.2. including substantial procedural safeguards that ensure
integrity and transparency at all stages of the electoral process,
and ensuring a politically balanced membership of election commissions;
5.3.3. promoting a truly competitive political system and allowing
unrestricted political activities and registration of political
parties, especially during the electoral campaign;
5.3.4. consider inviting the Council of Europe Congress of Local
and Regional Authorities to observe the forthcoming municipal elections;
5.4. show genuine political will on the issue of the death
penalty and the administration of justice, in particular by:
5.4.1. not carrying out any of the death sentences recently pronounced
against Kiryl Kazachok;
5.4.2. rapidly introducing a de jure moratorium
on the death penalty and executions, with a view to their abolition;
5.4.3. encouraging public dialogue in society on the death penalty
through public campaigns, television debates and parliamentary hearings,
in co-operation with the Council of Europe;
5.4.4. including representatives of the opposition, independent
civil society and human rights defenders in the work of the parliamentary
working group on the death penalty and setting up a clear timetable
of meetings;
5.4.5. reforming the judicial system to guarantee its complete
independence and guaranteeing the right to fair court proceedings,
the presumption of innocence and protection mechanisms to prevent
confessions being made under torture;
5.4.6. expressing interest in acceding to the European Convention
for the Prevention of Torture, Inhuman or Degrading Treatment or
Punishment (ETS No. 126);
5.4.7. in line with Resolution
1371 (2004) on disappeared persons in Belarus, bringing
to trial the perpetrators as well as the instigators and organisers
of the disappearances of Yuri Zakharenko, Victor Gonchar, Anatoly
Krasovski and Dmitri Zavadski;
5.5. implement recommendations issued by United Nations bodies;
5.6. suspend the construction of the Astravets Nuclear Power
Plant (NPP) because of numerous violations, the lack of respect
for international standards for nuclear safety and serious safety
violations and major incidents during the construction of this plant.
The worst violation in the conception of the plant was the selection
of an unsustainable site for its construction. The construction
of the Astravets NPP would have a devastating impact on the health
and safety of most of Europe and its people. Concerns have been
raised since 2009 in all competent international organisations,
including the International Atomic Energy Agency (IAEA), the bodies
responsible for the Convention on Nuclear Safety, the Convention
on Environmental Impact Assessment in a Transboundary Context (Espoo
Convention), the Convention on Access to Information, Public Participation
in Decision-making and Access to Justice in Environmental Matters
(Aarhus Convention) and the Convention on the Protection and Use
of Transboundary Watercourses and International Lakes (Helsinki
Water Convention), European Union bodies and European nuclear safety
organisations such as the Western European Nuclear Regulators' Association
(WENRA) and European Nuclear Security Regulators Group (ENSREG),
the United Nations and other organisations.
6. The Assembly also calls on the European Union to:
6.1. take the above-mentioned recommendations
into account in the framework of the European Union–Belarus Human
Rights Dialogue;
6.2. make support for Belarus conditional on political reforms
in the field of democracy, human rights and the rule of law;
6.3. strengthen support for independent civil society organisations
and media;
6.4. intensify co-operation in the framework of the European
Union–Belarus Coordination Group, with the participation of experts
and non-governmental organisations;
6.5. depending on progress in the dialogue between Belarus
and the European Union on the respect for democratic values, consider
the possibility of lifting all remaining sanctions against Belarus,
move forward on visa liberalisation and promote stronger relations
with the World Trade Organization, including the possible accession
of Belarus.
7. For its part, the Assembly resolves to:
7.1. engage both with the authorities and with independent
civil society to promote stronger relations with Belarusian society
as a whole, on the basis of Council of Europe values and democratic
standards;
7.2. continue its activities and maintain high-level contact
with the Belarusian authorities;
7.3. invite the Committee on Political Affairs and Democracy
to consider stepping up dialogue with the Parliament and independent
civil society of Belarus by inviting members of parliament from
the majority and the opposition, as well as representatives of independent
civil society and of opposition political forces not represented
in parliament, to attend its meetings during the Assembly part-sessions
over the next two years.
8. The Assembly regrets that, in the absence of a moratorium
on the death penalty and of substantial, tangible and verifiable
progress in terms of respect for the democratic values and principles
upheld by the Council of Europe, it is not in a position to call
on its Bureau to lift the suspension of the special guest status for
the Parliament of Belarus.