A/HRC/4/16
page 8
18.
In October 2006, the rector of the Brest State University, Miachyslau Chasnouski,
refused to inform the correspondent of the independent newspaper Brestskiy kurier about the
increase of the education fees. The Baranavichy housing company refused to answer a written
inquiry from non-State newspaper Index-press on the grounds that the company cooperated only
with State publications.
19.
Several months before the 2006 presidential election, 14 pro-opposition and independent
newspapers including Narodnaya Volya and Nasha Niva, were denied distribution services by
the national postal service (Belposhta) and by the State monopoly, Belsayuzdruk, which operates
the only chain of news-stands and newspaper kiosks in Belarus. As of November 2006, only
three non-State newspapers reportedly had access to the nationwide distribution system. Fearing
problems with authorities, printing houses often refuse to print independent newspapers and
magazines, or censor them. On 16 November 2006, the Belarusian Ministry of Information
issued an official warning to Nasha Niva as the newspaper had failed to comply with the
provisions of the Belarusian Law on the Press and Other Mass Media to communicate the
address of its editorial offices. The only Belarusian-language independent newspaper has been
facing enormous difficulties and had to change its legal addresses for the fourth time in 2006; as
soon as the newspaper had moved to the new premises and communicated the new address to the
Information Ministry and the Justice Department of the Minsk City Executive Committee, the
landlords hasted to revoke the lease.
20.
Accredited Moscow journalists of the newspapers Moskovskiy Komsomolets and
Kommersant were not allowed by the authorities to cover the work of the Commonwealth of
Independent States summit that took place on 28 November in Minsk. It is believed that this was
in retaliation for an article critical of relatives of President Lukashenka published in
Moskovskiy Komsomolets.
Freedom of assembly and association and the right to participate in the conduct of
public affairs
21.
These rights are protected under article 36 of the Constitution. However, the law “On
mass events” restricts the organization of demonstrations and allows the repression of
unauthorized private meeting. Several administrative requirements also hamper the exercise of
freedom of association. All NGOs and associations, including human rights organizations and
trade unions must register, and receive official approval to operate. Organizations can be closed
down after receiving two successive “warnings” from the authorities for the breach of even
minor administrative rules. Law No. 213-3 of 26 June 2003 allows the courts to close down an
organization for one single violation of the legislation on public meetings. For instance, in 2003,
courts issued 810 written warnings to NGOs and 51 NGOs were shut down at the initiative of the
Ministry of Justice.
22.
In this regard, the Belarusian Helsinki Committee (BHC), the only remaining registered
human rights NGO, has reportedly been the main target of the authorities. Charges were brought
against BHC for financial reasons and on the basis of foreign funding. In 2004, the Minsk
Economic Court confirmed that the activities carried out by BHC were lawful and complied with
all the regulations and procedures: the BHC projects, supported by the European Commission,
were approved by the Government and registered with the Economics Ministry. However,
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