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A. Draft resolution
(open)
Report | Doc. 16105 | 28 January 2025
The urgent need for free and fair elections in Belarus
Committee on Political Affairs and Democracy
A. Draft resolution 
(open)1. Free and fair elections constitute
the very foundation of democratic government and a cornerstone of representative
democracy. By electing representatives from among themselves to
form governing bodies, citizens exercise their right to be represented
in the political decision-making process. The right to vote and
to stand for election is a fundamental human right, indispensable
for the effective functioning of democracy, and for the protection
of individual freedoms and liberties.
2. The so-called presidential election organised in Belarus on
the 26 January 2025 exemplifies the blatant contempt of the regime
of Aliaksandr Lukashenka for basic democratic norms and international
law that has characterised the three decades of his rule.
3. This disregard for international law is made clear in Lukashenka
regime’s participation in the Russian Federation’s large-scale aggression
against Ukraine, a most serious violation of international law which
led the Parliamentary Assembly to suspend all relations with the
Belarusian authorities on the basis of its Opinion 300 (2022) “Consequences of the Russian
Federation's aggression against Ukraine”, and its continued weaponisation of migrants as a tool
for hybrid war against neighbouring States.
4. Since the fraudulent elections of 2020, the Lukashenka regime
has systematically implemented measures that in their design and
implementation have entirely eroded all vestiges of the key pillars
of democratic society in the country.
5. The Assembly refers to the assessment of the European Commission
for Democracy through Law (Venice Commission) in its Opinion of
24 October 2022 that amendments to the Constitution adopted by referendum
in Belarus on 27 February 2022 provided no reasonable limitations
on the term of office of Mr Lukashenka. It further refers to the
Interim Opinion of the Venice Commission of 23 March 2021 that assessed
that ad hominem term-limit
waivers for incumbent presidents violate international legal principles.
6. The Assembly reaffirms its consideration that any country
that extends presidential term limits beyond the usual two terms
of four or five years constitutes a significant departure from democracy
and the rule of law.
7. The Assembly recognises the invaluable role played by international
election observers in providing credible and reliable election assessments,
and reaffirms that in a truly democratic system, international scrutiny,
transparency and accountability shall be encouraged. The decision
to neither invite election observers from the Organization for Security
and Cooperation in Europe to observe the 2024 so-called parliamentary
and local elections, nor the so-called presidential election of
2025 is in contradiction of international commitments made by Belarus
and is a further indication of the state of the democratic space
and of civil and political rights and freedoms in Belarus.
8. The unprecedented number of politically motivated arrests,
detentions, and the widespread intimidation of opposition figures,
journalists, activists and human rights defenders has forced over
500 000 Belarusians to flee the country, many of whom face continued
repressions via trials in absentia,
the confiscation of property, the inability to renew identification
documents, threats to family, and the abuse by Belarusian authorities
of Interpol alert systems to harass dissidents. The regime’s repression
has a disproportionate impact on young people including politically
motivated expulsions and arrests as well as the suppression of their
rights to education, expression and participation.
9. The Assembly is alarmed by the continued transnational repression
of the Lukashenka regime, and calls attention to the politically
motivated criminal trials in absentia of
31 May 2024 against 20 scholars, political experts, journalists,
experts and opposition politicians and their labelling as individuals
involved in extremist activities. Among those arbitrarily detained
are partners of the Council of Europe who have been prosecuted for
peacefully and bravely exercising their rights, and even for merely
exercising their professional activities.
10. The Assembly deplores that over 1 200 political prisoners
remain detained in Belarus, including prisoners without any possibility
to communicate with those outside for indefinite periods of time,
and who experience torture, inhuman or degrading treatment, acts
of physical or sexual violence, a lack of basic medical care and
privacy, a lack of a fair trial, psychological pressure and discrimination.
11. The overall policy of political repression has led to the
adoption of legislation that effectively bans the registration and
operation of opposition democratic political parties and the presentation
of alternative presidential candidates. All opposition political
figures are imprisoned or abroad. Three opposition candidates from
the 2020 presidential election remain incarcerated, while the 2022
constitutional amendments of Mr Lukashenka extended age limits and
residence qualifications for presidential candidates to effectively prohibit
any Belarusians in exile from presenting a candidacy.
12. The widespread and systematic nature of the persecution against
the civilian population conducted by the Lukashenka regime may amount
to crimes against humanity, and the Assembly acknowledges the referral,
in September 2024, of the Republic of Lithuania to the Office
of the Prosecutor of the International Criminal Court to investigate
these alleged crimes.
13. In this context where freedoms of speech, assembly and association
are curtailed; opposition political parties are dissolved, and their
leaders persecuted; the freedom of the media is not respected; where
there is no redress against these violations and no credible domestic
or international election observation is allowed – it is clear that
free and fair elections cannot be held.
14. The Assembly reaffirms its unwavering commitment to supporting
the rights, freedoms, and safety of the Belarusian people while
standing in solidarity with all those affected by the crimes of
the Lukashenka regime, and its support for the Belarusian democratic
forces, led by Sviatlana Tsikhanouskaya, and its structures – the Office
of Sviatlana Tsikhanouskaya, the United Transitional Cabinet, and
the Coordination Council, as an elected representative body of Belarusian
democratic society – who are leading efforts for a democratic future for
Belarus.
15. It underlines that co-operation with representatives of Belarusian
democratic forces and civil society remains a priority for the Council
of Europe, as articulated in the Reykjavik Declaration of Heads
of State and Government of the Council of Europe in May 2023.
16. In this context, the Assembly welcomes the development of
the activities of the Council of Europe Contact Group on Cooperation
with Belarusian Democratic Forces and Civil Society, the establishment
of an Information Point for Belarusian People in Vilnius in November
2024, and the regular dialogue established by the Committee of Ministers
of the Council of Europe, including on the issue of the death penalty.
17. The Assembly recalls its own pioneering resolve set out in
its Resolution 2530 (2024) “A democratic future for Belarus” to further promote
the participation of representatives of Belarusian democratic forces
in its work. The Assembly welcomes, as a clear demonstration of
this commitment, the establishment of a representative delegation
of Belarusian democratic forces for the 2025 Session of the Assembly.
18. The Assembly reiterates its ambition to welcome a future democratic,
independent, sovereign, peaceful and prosperous Belarus as a member
of the Council of Europe.
19. In light of these considerations, deploring the further deterioration
of human rights, rule of law, and democratic standards in Belarus,
the Assembly:
19.1. stresses that
democratic elections are not possible without respect for human
rights, in particular freedom of expression, assembly and association;
19.2. considers that the so-called elections organised in Belarus
on 26 January 2025 do not meet the minimum international standards
for democratic elections and lack any democratic credibility;
19.3. considers that there are no grounds for recognising the
legitimacy of Aliaksandr Lukashenka as president.
20. In line with the recommendations set out in its Resolution 2530 (2024), the Assembly believes that, with a view to honouring
its obligations under international law, aligning itself to Council
of Europe values and preserving its sovereignty and independence,
Belarus should:
20.1. cease all repressive
measures designed to silence dissent and ensure the unconditional
and immediate release of all political prisoners and provide for
their rehabilitation;
20.2. declare an amnesty for all those arrested on political
grounds;
20.3. immediately put an end to all acts of torture or inhuman
and degrading treatment, whether in public, citizens’ homes or any
place of detention;
20.4. ensure the organisation of free and fair elections, together
with the respect of civil and political rights and freedoms, in
line with the recommendations set out in Assembly Resolution 2371 (2021) “Urgent need for electoral reform in Belarus” and recommendations
made by the Venice Commission and the Office for Democratic Institutions
and Human Rights of the Organization for Security and Cooperation
in Europe;
20.5. enable a peaceful transfer of power after the organisation
of free and fair elections;
20.6. impose an immediate moratorium on the death penalty and
take steps toward its permanent abolition.
21. The Assembly calls on Council of Europe member States to:
21.1. reject the legitimacy of the
so-called elections in Belarus of 26 January 2025, to make clear
their non-recognition of the election of Aliaksandr Lukashenka to
the post of President of Belarus, and take decisive steps to broaden
and intensify targeted sanctions against the regime and those who
support its unlawful activities;
21.2. in line with the Reykjavik Declaration of Heads of State
and Government of the Council of Europe of May 2023, continue and
intensify support for the structures of the Belarusian democratic
forces, led by Sviatlana Tsikhanouskaya;
21.3. maintain and expand efforts to investigate human rights
abuses in Belarus and actively support mechanisms that ensure accountability
for those responsible;
21.4. explore measures to facilitate entry and stay in safe
and dignified conditions for Belarusian citizens who flee the Lukashenka
regime, in line with the Assembly Resolution 2499 (2023) “Addressing the specific challenges faced by the Belarusians
in exile”; take measures to help them preserve their language, culture
and identity; and refrain from returning them to Belarus as long
as they are at risk of persecution;
21.5. in line with Assembly Resolution 2509 (2023) “Transnational repression as a growing threat to the
rule of law and human rights”, establish mechanisms to track incidents
of transnational repression and ensure that partners of the Council
of Europe, human rights defenders, journalists and activists, are better
protected from the risk of transnational repression.