A/HRC/20/8
from contributing to election funds in cases where they have received foreign donations
within a year prior to making a contribution. Furthermore, article 481, section 71, prohibits
such contributions from non-governmental organizations if the latter have been registered
for less than a year prior to making a contribution.
22.
The amendments to the Law on Political Parties prohibit parties from receiving
foreign financial support or contributions, and from holding funds in foreign banks or other
financial institutions. Article 24 of the law retains the requirement that political parties,
unions or legal entities established by them must transfer cash or other assets from
prohibited sources (specifically foreign resources) to the Government of Belarus, which has
the prerogative of seizing them. Accordingly, new article 3692 of the Criminal Code
establishes criminal liability for “receiving, storing or transferring foreign contributions for
the purpose of financing political parties”.
23.
Amendments to the Law on Mass Events prohibit the presence of people in
predetermined public space at a scheduled time to perform predetermined actions organized
for public expressions of social or political interests, or protest. They also broaden the
definition of mass event, while significantly limiting possible locations, even for authorized
public gatherings. Organizers of such gatherings are required to report financial sources
used for the event and are not allowed to disseminate information about the event before
official permission has been granted. Furthermore, the amendments broaden the powers of
law enforcement officials during public gatherings, including the possibility of making
audio and video recordings, limiting access of participants and conducting full-body
searches of participants.
24.
In the same manner, article 3692 of the Criminal Code establishes criminal liability
for organizing or conducting meetings, protests, street marches, demonstrations or strikes,
the production and distribution of propaganda materials, and the staging of seminars and
other forms of political and propaganda activities. Accordingly, amendments to the Code of
Administrative Offences introduce further restrictions on “foreign gratuitous aid” for civil
society organizations (art. 23.24) and on the organization of mass events (art. 23.34).
25.
On 30 December 2011, the President of Belarus signed the Law on the Bar and
Legal Practice in the Republic of Belarus, which will come into force on 6 April 2012.
According to analysts, the law significantly expands the competences of the Ministry of
Justice with regard to regulating the bar and curtailing its rights. 6
26.
The Government has also tightened its control over the Internet. Article 22.16 on the
“violation of demands on the use of the national segment of the Internet” was added to the
Code of Administrative Offences, requiring Internet providers to restrict access of
employees of governmental organizations and cultural and educational establishments to
“banned” websites. The article does not, however, concern private Internet users. In
addition, Internet providers may be penalized if they fail to register their Internet users or to
identify their modem devices.7
27.
On 24 November 2011, three special procedures mandate holders issued a press
release warning that the new legislative amendments could severely and arbitrarily restrict
the rights to freedom of peaceful assembly, association and expression, and breach
international law. They viewed these restrictions as part of an effort to obstruct and
criminalize the legitimate activities of human rights defenders and associations working in
6
7
8
Viasna, 22 February 2012; see http://spring96.org/ru/news/50195.
Belarusian Association of Journalists, annual review 2011 on violations of journalists‟ and mass
media rights.
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