A/HRC/35/40
intimidation regarding free expression extends to all citizens. A user of social media
received a trial notification for having shared a post calling for a rally on the day following
the parliamentary elections.12
40.
The inter-agency plan contains three planned activities that relate to the media. One
is to monitor compliance with the legislation on the mass media; another relates to the
conduct of board members of media outlets and journalists to promote the right to the
freedom of speech at international events; and the third envisages the development and
implementation of educational programmes for journalists on interconfessional and interethnic relations.
41.
The Special Rapporteur expresses scepticism about the potential of such activities to
enhance the protection of human rights. The organization of events for journalists under the
auspices of the Ministry of Information may only further enhance their dependence on that
body, instead of assisting them to exercise their right to work free of governmental control.
42.
Similarly, the efforts envisaged by the Government to tackle the issue of hate speech
based on religion or ethnic origin do not touch upon the so-called extremism laws, which
are often used by the authorities to sanction reports that are critical of the Government or
merely covering events. None of the activities envisaged address the accreditation issue,
which is a pressing one.
43.
The Special Rapporteur notes that the inter-agency plan does not include actions to
implement the only media-related recommendation stemming from the second cycle of the
universal periodic review and which was endorsed by Belarus, namely the need to improve
the overall situation of media freedom (see A/HRC/30/3, para. 127.79).
B.
Freedom of association
44.
Freedom of association in Belarus has been violated regularly by the practice of the
State itself, based on a restrictive set of rules. The requirements for registering a public
association are cumbersome, expensive and obstructive. As an example, to register a
nationwide association, it is necessary to have at least 50 founders in the various regions of
the country. Despite numerous recommendations addressed to Belarus to amend its legal
framework, the Special Rapporteur sees no improvement for those who wish to organize
themselves.
45.
According to the information available to the Special Rapporteur, no new
registrations have been accepted since the amendments to the law on public associations
and on political parties were adopted on 20 February 2014. The many obstacles put in the
way of registration by the State make it virtually impossible for an organization to be
officially recognized and able to work freely. The Special Rapporteur recalls that nonregistration entails the criminalization of any activity the organization undertakes,
according to article 193-1 of the Criminal Code. At its sixty-fifth session, the Committee on
the Elimination of Discrimination against Women recommended that the Government of
Belarus review the registration requirements for NGOs working on human rights issues, in
particular women’s rights organizations, so that they could be established and operate
without undue restrictions (see CEDAW/C/BLR/CO/8, para. 17).
46.
The run-up to the parliamentary elections of September 2016 was marked by
increased oppression of those willing to form movements (A/71/394). In 2016, the Ministry
of Justice rejected for the fifth time in six years the request for registration of the public
campaign “Tell the Truth”, which provides for critical scrutiny of political life in Belarus.
No new political party has been formed, while the request for registration by the Belarusian
Christian Democrat party has been repeatedly rejected. Individuals tempted to get
organized peacefully to criticize the legal or political regime or to raise awareness on social
issues have been harassed.
12
8
See www.svaboda.org/a/bielarusa-upiersyniu-sudzili-za-palitycny-repost- ukantakcie/28021615.html.
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