A/HRC/29/43
18.
Owing to the Government’s continued refusal to cooperate with the Special
Rapporteur, he has yet to have access to the country; nevertheless, he has continued to seek
the cooperation of the Government in order to engage in a constructive dialogue. He sought
meetings with the Permanent Representatives of Belarus to the United Nations in New
York and Geneva, and submitted requests for an official visit to the country. The Special
Rapporteur has received no response to any of his correspondence, and again deplores that
this situation limits the collection and analysis of first-hand information from in-country
sources, including from the Government.
19.
Notwithstanding such constraints, the Special Rapporteur endeavoured to collect
information from primary sources, which is crucial to ensure that his report is as accurate,
time-bound and measured as possible. He frequently undertook consultations with victims
of violations, representatives of civil society, human rights experts and diplomats. If the
Special Rapporteur were authorized to visit the country, he would be able to develop
findings on the proclaimed successes in the sphere of economic and social rights, including
through a dialogue with the Government and other stakeholders.
20.
The Special Rapporteur is grateful for the cooperation received from many
stakeholders living in Belarus. In the present report, he refers to cases that are emblematic
of the nature of the human rights violations in Belarus. They do not, however, reflect the
full list of allegations submitted to the Special Rapporteur.
II. Rule of law
21.
As in previous reporting periods, presidential decrees continue to be used as the
main legislative mechanism in Belarus (A/HRC/23/52, para. 37; A/HRC/26/44, para. 21).
While Parliament is responsible for developing and adopting legislation, it is the
Presidential Administration that prepares the drafts. President’s decrees can overrule
existing legislation, including constitutional law, on any issue. The Special Rapporteur for
example noted this in the context of Presidential Decree No. 6 of 29 November 2013 on the
improvement of the judicial system, as confirmed by information given on the website of
the Brest Regional Court (www.oblsud.vbreste.by).
22.
A recent example is Presidential Decree No. 18, which outlines how courts should
apply legislation on the recognition and execution of judgements handed down by foreign
courts and arbitral awards, issued on 23 December 2014 by the Plenary of the Supreme
Court. The purpose of the decree, as described in the preamble thereto, was to ensure “the
unity of legal practice in the application of international treaties and to improve the
administration of justice during the consideration of cases concerning the recognition and
execution of judgements handed down by foreign courts or arbitrages (arbitral courts) in the
Republic of Belarus by courts of general jurisdiction of the Republic of Belarus.”2
23.
The introduction of new or revised legislation or adoption of amendments does not
result from a consultative process, despite frequent requests by civil society organizations
to be included in the process.
24.
A law on the judicial proceedings of the Constitutional Court (www.kc.gov.by),
which came into force on 17 April 2014, allows bodies other than those listed in article 116,
part 4 of the Constitution, including government bodies, other organizations and citizens
collectively or individually, to submit requests to the Court for an advisory opinion on
2
Belarusian Helsinki Committee et al, Analytical review of the human rights situation in Belarus,
October–December 2014 (available at http://belhelcom.org/en/node/19697), p. 15.
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