A/HRC/35/40
47.
As an example, relatives of persons incarcerated for crimes related to drug
consumption wished to get organized in Hrodna, to raise awareness of the rights of
prisoners, and to provide legal and psychological support. The State representatives in the
city refused to register the group, Mothers’ Movement 328.13
48.
In another instance, the Centre for Gender Studies Ruzha in the Mogilev region was
denied registration on the basis of the inadequacy of its main objective, the fight against
gender discrimination in Belarusian law. According to the administrative decision handed
over to the Centre, the “acknowledgement of gender discrimination in Belarus does not
correspond to norms of the law on equality between women and men”.14
49.
Ruzha was also denied registration by a regional department of justice, on the
grounds that working on gender discrimination does not fall under the competency of the
Centre as equality between women and men is ensured by the State authorities. The Special
Rapporteur wishes to underline that the State authorities not only deny the reality of gender
discrimination in Belarus but further instrumentalize that denial to impede civil society
from working freely and openly on such issues, leaving victims of gender discrimination
with ineffective avenues for seeking redress.
50.
The systematic denial of registration of new organizations continues to be often
grounded in petty arguments. The authorities invariably find some element missing or
misspelled, such as a phone number or street name, in the extraordinary amount of
documents to be submitted. According to information received by the Special Rapporteur,
several organizations expressed discouragement after repeated attempts to obtain
registration. The Special Rapporteur wishes to sound an alert about the possible successful
registration fatigue, distilled for over two decades by the authorities.
51.
Unfortunately, the inter-agency plan does not foresee any activity to improve the
enjoyment of freedom of association, despite repeated calls by the international community.
In fact, the words “freedom of association” are absent from the plan.
C.
Freedom of peaceful assembly
52.
The official handling of the right to peaceful assembly suffered the most dramatic
deterioration during the events of February and March 2017.
53.
The Special Rapporteur closely monitored the massive rallies which started in
February 2017, organized to protest against the implementation of presidential decree No.
3, known as the law against social dependency (see A/HRC/32/48, para. 114), adopted in
2015. It provided for a new tax on people unemployed for more than 183 days a year, who
are designated by the derogatory term of “parasites”. According to a tax inspection in
February 2017, as many as 470,000 people were obliged to pay the fee amounting to $250,
about two thirds of the average monthly salary. The implementation of this arbitrary and
cruel measure amidst a degrading economic environment prompted the largest protests
since 2010 in the streets of many cities across Belarus.
54.
In March alone, more than 900 people were subjected to various forms of repression
in connection with the demonstrations. Hundreds of them were temporarily deprived of
their freedom of movement. On 27 March, 177 persons were swiftly sentenced to fines or
detention for up to two weeks, the maximum as provided under the law.
55.
The misdemeanour charges were fabricated, misrepresenting the behaviour of
peaceful demonstrators against all the evidence. The majority of those detained in
connection with the protests of 25 March were later released without charge, others were
charged with offences such as hooliganism, resisting arrest or participating in unsanctioned
protests. Many did not have timely access to lawyers and could not call defence witnesses.
13
14
See Viasna, “Human rights situation in Belarus in 2016: analytical review”, available from
www.spring96.org/files/misc/review_2016_en.pdf.
See www.news.tut.by/society/508632.html.
9
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