A/HRC/23/52
Torture in November 2011, they have faced continued harassment. 57 In reply to a joint
allegation letter by special procedures mandate holders, Belarus provided a procedural
overview.
90.
Throughout the year, the human rights centre Viasna continued to come under
pressure. On 26 November 2012, the office was sealed by the police. The property,
officially registered under the name of Mr. Bialiatski, was subject to confiscation by the
court decision in 2011 brought against him for alleged tax evasion. In the Bialiatski case,
the Working Group on Arbitrary Detention found that the fund raising undertaken by Mr.
Bialiatski for the purposes of allowing the very existence of Viasna and continuation of its
activities was in conformity with articles 20, paragraph 1 of the Universal Declaration of
Human Rights and article 22 of the International Covenant on Civil and Political Rights.58
91.
Moreover, the Working Group found Belarus in breach of its international
obligations in interfering in the funding of human rights activities of non-governmental
organizations. It stressed that the criminal law applied to Mr. Bialiatski‟s case did not list
human rights-related activities among the purposes that allow tax exemption, and that
States parties to the Covenant were not only under a negative obligation not to interfere
with the founding of associations or their activities, but also under a positive obligation to
ensure and provide measures such as facilitating associations' tasks by public funding or
allowing tax exemptions for funding received from outside the country. 59 In its reply,
Belarus considered the opinion of the Working Group to be non-authoritative, politically
motivated and outside the bounds of its mandate.
92.
Reports were received of persistent acts of intimidation and the judicial harassment
of human rights defenders, at times resulting in prison sentences and heavy fines amid
reports of due process irregularities in trials.
93.
Joint communications highlighted concerns about the arrest and detention of human
rights defenders, as well as allegations of judicial and administrative harassment of nongovernmental human rights organizations. Responses from the Government of Belarus to
these communications have at times substantially responded to the issues raised.
94.
The Special Rapporteur is concerned that opportunities for the exercise of freedom
of association have not broadened, and that legislation is complex. In addition, human
rights organizations and defenders appear to be under particular scrutiny, which raises
concerns for their protection, safety and ability to undertake their work in a safe and secure
environment.
K.
Discrimination
95.
While the general principles of equality and non-discrimination are guaranteed in
article 22 of the Constitution and contained in various domestic laws, there is no definition
of discrimination in national legislation. Only article 14 of the Labour Code lists possible
grounds for discrimination.
96.
There is no court practice for hearing cases of discrimination, given that courts do
not accept discrimination as a basis for lawsuits.
97.
The Committee on the Elimination of All Forms of Discrimination against Women
noted an absence of a specific prohibition of discrimination against women in all areas of
57
58
59
18
A/HRC/21/49, case no BLR 2/2012, p. 47.
A/HRC/WGAD/2012/39, para. 50.
Ibid., para. 48.
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