A/HRC/20/8
society and the opposition.3 In solidarity, other Member States of the European Union
recalled their diplomatic envoys.
B.
International legal obligations
17.
Belarus is a party to the International Covenant on Civil and Political Rights and the
Optional Protocol thereto; the International Covenant on Economic, Social and Cultural
Rights; the International Convention on the Elimination of All Forms of Racial
Discrimination; the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment; the Convention on the Elimination of All Forms of
Discrimination against Women and the Optional Protocol thereto; and the Convention on
the Rights of the Child and Optional Protocols thereto.
C.
National legal framework
18.
According to article 8 of the Constitution, Belarus recognizes the supremacy of the
universally acknowledged principles of international law and is to ensure that its laws
comply with such principles. The Constitution also stipulates that the State is to guarantee
the rights and liberties of the citizens of Belarus that are enshrined in the Constitution and
the law, and specified in the State‟s international obligations.
19.
The already restrictive laws regulating civil and political rights were further
tightened by amendments to various laws adopted by Parliament on 21 October 2011: the
Law on Public Associations, the Law on Political Parties, the Law on Mass Events, the Law
on State Security Bodies, the Criminal Code, the Criminal Procedure Code, the Code of
Administrative Offences and the Electoral Code.
20.
Amended article 7 of the Law on Public Associations prohibits associations from
assisting foreign entities to provide citizens of Belarus with “special benefits” relating to
their political or religious views or nationality. The vagueness of this provision may lead to
broad interpretation and be used as a pretext for limiting public associations‟ contacts with
foreign entities. Amended article 21 of the same law prohibits public associations from
depositing money or storing precious metals or other valuables in banks and other financial
institutions located in foreign States. The Criminal Code of Belarus was amended along the
same lines, establishing criminal liability for receiving foreign grants or donations in
violation of State laws. Civil society organizations, in an open joint letter of 21 October
2011 on the new legislative amendments limiting freedom of assembly and association and
imposing new restrictions on civil society groups in Belarus, pointed out that these new
limitations restricting the possibility of receiving funds from abroad make civil society
operations in Belarus virtually impossible. 4 In addition, article 356 of the Criminal Code
broadened the definition of espionage to include not only “intelligence-gathering activity”
but “any form of other assistance to a foreign State, foreign organization or their
representative in carrying out activities to the detriment of the national security of Belarus”.
This definition could potentially target civil society organizations critical of the authorities.5
21.
Amendments to the Electoral Code have also introduced restrictions affecting civil
society. In particular, article 481, section 41, prohibits non-governmental organizations
3
4
5
European Union Council decision 2010/639/CFSP implementing Article 8a (1) of Regulation (EC)
No. 765/2006.
See http://www.fidh.org/Open-Joint-letter-regarding-the.
See www.omct.org/human-rights-defenders/urgent-interventions/belarus/2011/10/d21449/.
7
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