Belarus communications: May 1, 2011 to February 28, 2017

bo-lgflag This page summarizes cases raised with Belarus by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Belarus.

Communications and observations are divided into sections based upon which observation report they originally appeared.

Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).

Summaries and communications are published only in the language of submission (in the case of Belarus, English).

First Report (May 1, 2011 to March 15, 2012)

Joint allegation letter, 30/05/2011. Case no. BLR 6/2011. State Reply: 10/06/2011. Alleged arrest and arbitrary detention of human rights defenders.
Joint allegation letter, 01/06/2011. Case no. BLR 7/2011. State Reply: 10/06/2011. Alleged arrests, arbitrary detentions and sentencing of human rights defenders following the Presidential elections.
Joint urgent appeal, 15/08/2011. Case no. BLR 9/2011. State Reply: 31/10/2011. Alleged arrest and arbitrary detention of human rights defender, Mr. Ales Bialatski.
Joint allegation letter, 21/11/2011. Case no. BLR 10/2011. State Reply: 17/01/2012. Adoption of new legislative amendments that may further restrict the exercise of the rights to freedom of peaceful assembly and of association.

Observations
The Special Rapporteur would like to thank the Government of Belarus for the responses received. He regrets that the responses received on 10 June 2011 and 17 January 2012, regarding the allegation of detention of human rights defenders and the adoption of restrictive legislative amendments, respectively, do not reflect on the allegations. He urges the authorities to provide as soon as possible detailed responses to all the concerns raised in these communications.

The Special Rapporteur is gravely concerned about numerous provisions of the Law on Public Associations, the Law on Political Parties, the Law on Public Gatherings, the Criminal Code, the Election Code, and the Code of Administrative Violations and further recommends the Government to revise these laws to ensure compliance with international human rights law. The Special Rapporteur is available to provide any technical assistance the Government might require in this regard.

With regard to the detention of Mr. Ales Bialatski, the Special Rapporteur remains gravely concerned that the acts allegedly intended to seriously limit the legitimate activities of the Viasna Human Rights Centre continue to be credible. The Special Rapporteur urges the authorities to seriously reconsider the grounds for accusing Mr Bialatski and demonstrate beyond doubt that such funds were intended for personal revenue and not for human rights activities.

The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.

The Special Rapporteur reminds the Government of Belarus of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.

Second Report (March 16, 2012 to February 28, 2013)

Joint allegation letter, 21/05/2012. Case no. BLR 2/2012. State Reply: 09/10/2012. Alleged imposition of travel bans on, due process violations against and sentencing of human rights defenders.
Joint allegation letter, 11/09/2012. Case no. BLR 3/2012. State Reply: 10/10/2012. Alleged harassment of human rights defender.
Joint urgent appeal, 18/10/2012. Case no. BLR 4/2012. State Replies: 31/10/2012 and 22/01/2013. Alleged arbitrary closure of a human rights association.
Joint allegation letter, 19/02/2013. Case no. BLR 1/2013. State Reply: None to date. Alleged arrest of, and imposition of fines on three human rights defenders.

Observations
The Special Rapporteur thanks the Government of Belarus for its responses to his communication, but regrets that it did not respond to the communication dated 19 February 2013. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in his communication.

The Special Rapporteur remains seriously concerned about the closure of the non-governmental organization Platforma, and more largely about a continued campaign of harassment of members of human rights organizations in order to arbitrarily prevent them from carrying out their legitimate work in defence of human rights and fundamental freedoms.

The Special Rapporteur urges the authorities to ensure that no individual is criminalised for the peaceful exercise of his fundamental freedoms, and to take all relevant measures to ensure that any individual and legal entity can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends again that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation over any allegations of human rights violations or abuses should be conducted, those responsible should be held accountable, and victims should be provided with full redress.

The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.

The Special Rapporteur reminds again the Government of Belarus of his country request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.

Third Report (March 1, 2013 to February 28, 2014)

Joint allegation letter, 28/03/2013. Case no. BLR 2/2013. State reply: none to date. Allegations of confirmed forced cessation of a human rights organization’s activities in appeal.

Observations
The Special Rapporteur regrets that the Government of Belarus did not respond to his communication. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in his communication.

The Special Rapporteur remains seriously concerned about the confirmation in appeal of the forced cessation of Platforma’s activities. More generally, the Special Rapporteur reiterates his concern about a continued campaign of harassment of members of human rights organizations in order to arbitrarily prevent them from carrying out their legitimate work in defence of human rights and fundamental freedoms. He echoes all the concerns raised by the Special Rapporteur on the situation of human rights in Belarus in his latest report (A/68/276, see in particular para. 49-75).

The Special Rapporteur urges again the authorities to ensure that no individual is criminalised for the peaceful exercise of his fundamental freedoms, and to take all relevant measures to ensure that any individual and legal entity can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends again that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation over any allegations of human rights violations or abuses should be conducted, those responsible should be held accountable, and victims should be provided with full redress.

The Special Rapporteur refers to Human Rights Council resolution 24/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.

The Special Rapporteur reminds again the Government of Belarus of his country request sent in September 2011 and October 2013, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks… and to consider favourably his or her requests for visits”.