A/HRC/26/44
9.
The obligation to obtain permission for any public activity is exacerbated by a
practical impossibility to gain such permission for unwelcome publications, gatherings,
events or associations. Procedures that regulate how to obtain permission in these areas are
cumbersome, costly and time-consuming, lack transparency and deliberately allow for
arbitrary outcomes.
10.
The permission-based regime is further aggravated by the criminalization of all
unsanctioned public undertakings. Those who organize or merely attend such events
without prior permission can find themselves facing criminal or administrative charges, and
may then face discrimination in various aspects of their lives.
11.
Administrative arrests and short-term detention continue to be used systematically
and arbitrarily in reprisal against citizens who seek to exercise independently and freely
their rights to freedom of expression, association and peaceful assembly. Consequently,
civil society is either muzzled or forced to operate clandestinely.
12.
The unwillingness of the Government to address chronic human rights concerns and
the absolute impunity for human rights violations contribute to their perpetuation. The
Special Rapporteur has underlined the systemic and systematic nature of human rights
violations in Belarus (A/HRC/23/52, para. 34). So has the United Nations High
Commissioner for Human Rights, stating that “deficiencies pertaining to human rights in
Belarus are of a systemic nature. They need to be addressed by the authorities through a
comprehensive approach, which would include a review of the legislation, policies,
strategies and practice pertaining to human rights” (A/HRC/20/8, para. 74).
13.
It is the persistent, systemic and systematic character of the repression of all human
rights in Belarus that the Human Rights Council should bear in mind. The chronic
restriction of all human rights has led to recurrence of violence over the last 15 years,
typically at times of elections and the announcement of their preordained outcomes, as
illustrated in the crackdown on the demonstrations following the 2010 December
presidential elections (A/68/276, para. 16).
14.
It is critical that the Human Rights Council maintain its scrutiny of the serious
human rights situation in Belarus. The regrettable lack of governmental cooperation on the
mandate underlines the need to report on and monitor the human rights situation in Belarus.
15.
The Special Rapporteur pays great attention to the protection and promotion of all
human rights in the country, including economic, social and cultural rights. This report
documents several serious concerns in these areas. Nevertheless, it is challenging to find
non-governmental information on the proclaimed successes in the sphere of economic and
social rights, and therefore hard to evaluate the enjoyment of these rights. If the Special
Rapporteur were authorized to visit the country, he would be able to develop independent
findings, including through a dialogue with the Government and other stakeholders, and, on
this basis, directly assess the situation, including achievements regarding economic, social
and cultural rights.
II. Methodology
16.
Independence, impartiality and objectivity, and cooperation with all stakeholders are
the guiding principles for the Special Rapporteur’s work.
17.
The refusal so far of the Government of Belarus to recognize the Special
Rapporteur’s mandate means that he continues to have no access to the country.
18.
Nevertheless, the Special Rapporteur has continued to seek the cooperation of the
Government in order to engage in a constructive dialogue. He thus submitted requests to the
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