A/HRC/35/40 2. Persons with disabilities 132. The Special Rapporteur commends the ratification by Belarus of the Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto on 14 November 2016, and hopes that a specific prohibition of discrimination against persons with physical, sensory, intellectual or mental disabilities will be adopted soon to bring the domestic legislative framework into line with the standards contained in the Convention. 3. Lesbian, gay, bisexual, transgender and intersex persons 133. In October 2016, the House of Representatives adopted at the first reading a draft law entitled “On amendments and additions to certain laws of the Republic of Belarus (to protect children from information harmful to their health and development)”. Although the bill does not contain provisions for administrative or criminal liability based on sexual orientation and/or gender identity, the Special Rapporteur shares the concerns of lesbian, gay, bisexual, transgender and intersex activists in Belarus that forbidding the dissemination to children of information “discrediting the institution of family and marriage” would be interpreted in a discriminatory way. 35 In addition, forbidding the sharing of any information that would discredit the institution of the family threatens freedom of expression.36 134. The Special Rapporteur remains concerned by reports of violent acts and intimidation against members of the lesbian, gay, bisexual, transgender and intersex community and the lack of proper investigation into such cases when they are reported to the police. A prominent case of bias-motivated violence was the death of Mikhail Pischevsky, who died on 27 October 2015 following a homophobic attack 17 months earlier. The case remains improperly investigated, causing anxiety and distrust of the authorities. 135. The inter-agency plan includes two proposed activities which aim to promote family values and contribute to “mainstreaming family as a lifestyle”. These activities serve to promote the above-mentioned stereotypes. There are no provisions for ending violence against or promoting inclusion of those whose sexual orientation is not “traditional”. 4. Religious groups 136. The Special Rapporteur has received reports of harassment of Jehovah’s Witnesses. According to the law on freedom of conscience and religious organizations, a religious group which has more than 20 members needs to register as a religious organization. Although the Jehovah’s Witnesses have three religious buildings in Belarus, members of the group have to ask the local authorities for permission if they want to meet in residential or non-residential premises for religious services. In many cases, the authorities refused permission, de facto criminalizing the religious services as illegal activities. In addition, in May 2016, one of the two traditional annual meetings of Jehovah’s Witnesses in Vitebsk was prohibited by local officials. There are also reports of gatherings being interrupted, of false allegations of non-authorizations in the form of non-appealable written warnings and of arbitrary detentions. In the first half of 2016 there were three incidents of Jehovah’s Witnesses being detained for publicly sharing their beliefs in their neighbourhoods. Furthermore, religious literature, printed or in audio form, and video materials have to undergo a State religious examination, according to the law on freedom of conscience and religious organizations. 35 36 See www.humanrightsfirst.org/blog/homophobic-legislation-threatens-lgbt-community-belarus. International Lesbian, Gay, Bisexual, Trans and Intersex Association, State-sponsored Homophobia. A World Survey of Sexual Orientation Laws: Criminalisation, Protection and Recognition (Geneva, May 2016). 19

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