The current legal and political situation in Belarus is incompatible with the international obligations and standards on freedom of peaceful assembly and association. A wide range of individuals and organizations face excessive bureaucracy, harassment, and persecution. Foster parents, adoptive families, ethnic minorities, environmentalists, humanitarian workers, and artists are subject to strict controls and deprived of basic human rights. Belarusian non-governmental organizations have an obligation to register with the relevant authorities, and the failure to do so can result in prosecution. This registration is subject to strict rules and the decision to reject it is irreversible. Even those NGOs that are granted registration are closely monitored and their registration can be suspended at any time for sometimes trivial reasons. In 2011, a new law was passed which prohibits Belarusian non-governmental organizations to save money in banks abroad. Receiving foreign donations is also against the law and may be punished.
Article 193-1 of the Belarus Criminal Code criminalizes any activity carried out on behalf of an unregistered organization, be it a political party or religious organization. In 2011, the Council of Europe’s Venice Commission stated that „by its very existence Article 193-1 has a chilling effect on the activities of non-governmental organizations,“ and that „the restriction is so severe that it not only restricts freedom of association but also freedom of opinion and expression to an unjustifiable degree.“
The law „on mass events,“ which came into force in 1997, makes it difficult to hold public meetings, as it contains an exhaustive list of prohibitions and conditions necessary for their implementation. These prohibitions include organizing demonstrations in city centers, underground stations, and near the presidential residence. Organizations that disobey the law risk immediate termination.
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Immediate and unconditional release of all Belarusian prisoners of conscience
Respect for human rights in Belarus
Dear President Lukashenko,
I am writing to you to express grave concern about violations of the rights to freedom of peaceful assembly and association in Belarus.
The Constitution of the Republic of Belarus guarantees the right “to hold assemblies, rallies, street marches, demonstrations and pickets that do not disturb law and order or violate the rights of other citizens of the Republic of Belarus” (Article 35), and the right to freedom of association is guaranteed in Article 36, which states that “everyone shall have the right to freedom of association“. In reality, however, as a result of restrictive legislation and the way such legislation is implemented in your country, these rights of individuals and non-governmental organizations are violated and individuals in Belarus are prevented from helping groups in their society and from making a positive contribution to their communities, society in general, and government policy.
In addition, I would like to express my concern in relation to the Law on Mass Events which came into force in 1997 and provides detailed regulations for the conduct of public events. Even an action by a single person may fall under the Law on Mass Events. Article 15 of the Law on Mass Events provides for the immediate liquidation of any organization that fails to abide by the law or that organizes assemblies that cause “serious damage or violate the rights and legal interests of citizens, organizations, or state or public interest.”
Therefore, in order for Belarus to comply with international human rights obligations, in particular with regard to ensuring the right to freedom of peaceful assembly and association, I urge you to:
• immediately abolish article 193-1 of the Criminal Code;
• amend the Law on Mass Events, by
• reducing the restrictions on the location of events to only those which in the particular instance are demonstrably necessary for a permissible purpose recognised in international human rights law;
• removing the requirement on organizers to provide for services to cover the event;
• removing the extensive restrictions on who can organize events;
• removing article 15 of the Law on Mass Events providing for the liquidation of any organization that fails to abide by that law;
• and to immediately and unconditionally release all those who are detained solely for the peaceful expression of their political or other opinions.
Yours sincerely,
