A/HRC/35/40 may or may not be extended places members of the judiciary in a submissive position vis-àvis the executive authorities. 108. Furthermore, article 100 of the Code on the Judicial System and the Status of Judges of 29 June 2006 provides for the replacement of judges on leave by either a retired judge or any “other person who fulfils the requirements set for a position of judge”. The executive branch alone assesses what those requirements are and whether they are fulfilled or not, leaving many possibilities for arbitrary decisions to be made, resulting in possible arbitrary judgments. The Special Rapporteur is particularly worried by this in a situation where the court can hand out death sentences. 109. Similarly, the right everyone has to be defended by a lawyer of their choice is not assured in Belarus. According to article 44 of the Criminal Procedure Code, the authority in charge of a criminal investigation may remove the defence lawyer of the accused individual if circumstances are discovered that would allow for such a decision. This provision leaves another door open to arbitrary behaviour. 110. Lawyers in Belarus cannot work if they are not registered in a territorial bar association. To be able to practise, they must obtain a licence delivered by the licence commission of the bar association, which is itself chaired by the Deputy Minister of Justice, in accordance with article 10 of the law on the bar association and lawyers’ activity. The Ministry further controls the qualifications needed to become a lawyer and decides on the extension of licences. It also has the power to launch investigations of lawyers, to suspend them from professional activity for the time those proceedings last and to disbar them. 111. The Special Rapporteur is concerned about accounts he has received of clients of lawyers testifying to the refusal of the latter to work on certain cases for fear of losing their job. 112. Belarus accepted two recommendations related to the judiciary during the second cycle of the universal periodic review, namely to ensure that the judiciary is free from any interference from other branches of government, and to continue promoting the independence and impartiality of the judiciary. The Special Rapporteur therefore deplores the fact that no action in that regard is envisaged in the inter-agency plan. I. Economic and social rights and conditions of work 113. Belarus did not implement the recommendations of the Committee on Economic, Social and Cultural Rights or those of the International Labour Organization regarding the elimination of forced labour. Amidst a difficult economic environment in Belarus, both individuals who work and unemployed people are suffering deteriorating conditions in which to enjoy their economic and social rights. It was reported in August 2016 that the number of unemployed people had grown by 83,900 in one year.29 While the World Bank ranked Belarus thirty-seventh out of 190 countries for ease of doing business in Doing Business 2017, the National Statistics Committee of Belarus revealed that real income had decreased by 4 per cent in 2016. The Special Rapporteur notes that Belarus has been conducting discussions on acceding to the World Trade Organization, with a view to bolstering its economy. He is worried about the impact of the economic plunge on the economic and social rights of Belarusian citizens. The social data that the Government has been putting forward to promote its human rights record may no longer be sustainable. 114. The Special Rapporteur deplored the approval, on 6 May 2015, of presidential decree No. 3 on the prevention of social dependency, which created the conditions for the expansion of forced labour in Belarus. It provides for the payment of fees by certain categories of unemployed citizens, including women raising children up to a certain age, persons with disabilities, senior citizens and students. It also grants the police the right to arrest persons “with obligations” (such as parents who have children in the custody of the 29 16 See https://ej.by/news/sociaty/2016/09/27/belstat-naschital-v-belarusi-426-tysyach-bezrabotnyh.html.