A/HRC/26/44
personal data, as a separate law on access to information and protection of personal data
should have been adopted.
85.
No legal mechanism is provided for the protection of personal data. All personal
data is collected in the Unified Register of Population of Belarus in accordance with the law
on population registry, which came into force on 26 July 2013.68 There is no openness and
transparency on the use of this data, and little public oversight.
86.
Citizen and media access to data of public interest is hindered by the provisions of
the law on State secrets. There is no clear definition of a “State secret”. Around 60 entities
(including
such
organizations
as
the
State-owned
national
broadcaster
Belteleradiocompany) can classify a document as “secret information” and mark it
accordingly as “confidential”. The term “official information” is also used, i.e. any public
agency may classify any inside information at their own discretion.69
K.
Freedom of peaceful assembly
87.
The law on mass events in Belarus restricts permissible locations to such an extent
that demonstrations in city centres are not possible. The law requires organizers to pay for
services and restricts who can organize events (no minors and only citizens). It defines
pickets as one-man actions; even these need to obtain a permit. Moreover, it provides for
the liquidation of any organization that violates these rules.
88.
Most public protests end with arrests and fines, regardless of whether they are
sanctioned.70 Even at sanctioned events, repressive measures have been reportedly used by
police. The 2014 Freedom Day March on 25 March (marking the anniversary of the
Belarusian Popular Republic of 1919) reportedly saw the largest crowd since the 2011
protests around the 2010 December presidential elections. Maksim Vinyarski of the
European Belarusian Movement, one of 12 activists arrested during the annual Freedom
Day March, was sentenced to 15 days’ administrative arrest for allegedly chanting
extremist slogans and using vulgar words.71
89.
On 12 November 2013, the Human Rights Committee found Belarus to have
violated the right to peaceful assembly of Uladzimir Siakerka, Chairman of the Homel
regional branch of the Belarusian Left Party “Fair World” by banning a rally against the
abolition of social benefits that had been scheduled for December 2007.72
90.
A notable trend is the prosecution of people who use modern information
technology to organize events or report on them. There have been reports of arrests,
detentions and fines in cases that include: group sledding in Slonim; a photo of BATE
Borisov football club fans in support of Maidan (Kyiv); and people being held responsible
for putting up Internet posts in support of the demonstrations in Ukraine.73
68
69
70
71
72
73
16
http://www.pravo.by/main.aspx?guid=3871&p0=H10800418.
See footnote 52 above, p. 19.
Vadzim Bylina, “Public protests in Belarus: the opposition is changing tactics”, Belarus Digest –
News and Analysis of Belarusian Politics, Economy, Human Rights and Myths (12 March 2014)
(http://belarusdigest.com/print/17123).
Radio Free Europe/Radio Liberty, “Belarusian activist sentenced for taking part in pro-Ukraine
demo”, 26 March 2014 (http://www.rferl.org/content/belarus-activist-arrested-proukraine/25309982.html).
Belarusian Legal Portal, “On Human Rights Day Homel Center for Strategic Litigation summed
year’s results”, 10 December 2013 (http://prava-by.info/en/archives/3686).
http://news.tut.by/society/385064.html; http://www.belaruspartisan.org/life/256222.
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