A/HRC/35/40
B.
Methodology
16.
As in previous years, the Special Rapporteur made a request to visit Belarus. His
letter, addressed to the Permanent Representative of Belarus to the United Nations Office at
Geneva and dated 10 January 2017, remains unanswered, as have previous letters. The
Special Rapporteur continues to deplore this situation.
17.
Owing to his inability to visit the country officially, the Special Rapporteur’s
assessment of the current situation has been informed by data provided by many human
rights actors: rights holders, victims of violations and their relatives, civil society actors,
representatives of international and regional organizations, and diplomats. The review by
the Committee on the Elimination of Discrimination against Women of the State party
report was the occasion for women’s rights organizations to publish a set of reports, and the
Special Rapporteur commends them for their work. While seeking and reviewing
information, he has continued to be guided by the principles of independence, impartiality
and objectivity. He continues to attach particular importance to the safety and security of
sources of information.
II. Rule of law, legal framework and related developments
18.
The Special Rapporteur regrets that no legislative action was undertaken during the
period under review to improve the situation of human rights; the oppressive laws and
practices remain in force.
19.
The legal framework continues to be amended and governed by presidential decrees,
which overrule constitutional law.
20.
The parliament remains an affiliation of the Government and merely approves the
laws presented to it. The selection of two token opponents to enter parliament following the
parliamentary elections of September 2016 does not modify the overwhelming presence of
pro-Government representatives (97 per cent).
21.
As with the legislative branch, the judiciary is under the full control of the President,
who retains the right to appoint, promote or demote any judge or prosecutor.
22.
The absence of a system of checks and balances, the non-effectiveness of the
parliament and the full control of the President over the judiciary illustrate the absence of
the rule of law in Belarus.
III. Engagement with the international human rights system
23.
The Committee on the Elimination of Discrimination against Women reviewed the
eighth report of Belarus on 28 October 2016. The Special Rapporteur welcomes the
engagement of the authorities of Belarus with the Committee.
24.
Belarus will be reviewed by the Committee on the Elimination of Racial
Discrimination at its ninety-fourth session at the end of 2017 and the Special Rapporteur
welcomes the submission by Belarus of its combined twentieth to twenty-third periodic
reports. It will provide an opportunity to analyse the progress made by Belarus in the fight
against racism and xenophobia since the Committee last reviewed the State party’s
compliance with the provisions of the Convention in 2013 (CERD/C/BLR/CO/18-19).
25.
The Special Rapporteur welcomes the ratification by Belarus, on 29 November
2016, of the Convention on the Rights of Persons with Disabilities and the Optional
Protocol thereto. The ratification had been recommended by many actors, including
Member States, notably during the thirtieth session of the Working Group on the Universal
Periodic Review. Hopefully, the ratification of the Convention will allow for a progressive
enhancement of the situation of persons with disabilities, notably through the adoption of
legal texts specifically prohibiting discrimination on the grounds of physical, sensory,
intellectual or mental disabilities.
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