A/HRC/44/55
penalizes the distribution, production, storage or transportation of extremist information.
The Special Rapporteur is concerned about the systematic practice of applying this article
to activists, journalists and bloggers who criticize the Government and voice dissenting
views. According to reports, in 2019 there were 13 documented cases of suppression of
expression of political views that were not in conformity with the political line of the
Government.48
53.
Prosecution and persecution of independent journalists, bloggers and journalists
working for foreign media continued during the reporting period. The Minsk office of the
“Belsat” television channel, which is officially registered in Poland and is considered to be
one of the independent Belarusian television networks, endured targeted attacks in April
2019. The Belsat office was searched as part of an investigation on charges of libel. 49 The
Special Rapporteur is concerned that the charges brought against the channel are intended
to silence it and pressure its journalists into self-censorship.
54.
Also of concern are reports that independent journalists cooperating with and
working for foreign media are prosecuted under article 22.9 of the Code of Administrative
Offences. Under this article, it is illegal to receive financial rewards from media that are not
duly registered and accredited in Belarus. Two journalists working for Belsat were fined for
“illegal production” and “distribution of media products” on the basis of article 22.9. 50
According to reports, in 2019 there were at least 45 cases of arbitrary imposition of
administrative penalties against journalists and bloggers under that article, with penalties
totalling over $20,000. 51 In a separate case, two independent journalists were reportedly
fined for coverage of the protests against the construction of a battery plant in Brest, and for
interviewing locals, thereby contributing to the “illegal production and distribution of
media products” for Belsat. 52 The Special Rapporteur is concerned that the current
legislation in Belarus is being used to shrink the space for dissenting views and to prevent
journalists, bloggers and whistle-blowers from reporting on unwanted topics in the future.
55.
During the reporting period, law enforcement authorities arbitrarily applied the antiextremist legislation, which regulates the distribution of extremist materials, against
journalists. Individuals whose posts on their personal social media pages are considered as
“anarchist” or “extremist” are sanctioned with fines. Since 2007, the Ministry of
Information of Belarus has been responsible for maintaining a list of extremist materials;
the list was last updated in December 2019 and now consists of 153 items.53 Sharing any
content from websites included in the list of extremist materials, even if it does not include
any signs of extremism, constitutes an offence. The Special Rapporteur notes that the term
“extremist” lacks legal certainty and that the legislation is being instrumentalized to silence
dissenting views.
3.
Freedom of religion and belief
56.
According to the Law on Freedom of Conscience and Religious Organizations,
religious communities are required to register a religious organization in each city where 20
or more members of the community reside. Otherwise, the religious activity is considered
illegal. The Special Rapporteur is concerned about cumbersome regulation and extensive
control over the registration and activity of religious communities. The fact that members
of minority religious communities are subject to administrative limitations, while foreign
priests – notably Catholic ones – are threatened with expulsion in cases of minor infractions,
is particularly worrying.
57.
The Special Rapporteur notes that the current registration requirement of religious
organizations appears to be used to limit the right to freedom of religion or belief of
members of certain religious communities. As at 1 January 2019, a total of 3,375 religious
48
49
50
51
52
53
“Human rights situation in Belarus in 2019: analytical review”, p. 13. Available at
http://spring96.org/en/news/95744.
See https://baj.by/en/content/minsk-police-raid-and-search-belsat-office-slander-charges-office-hasbeen-crushed.
See https://charter97.org/en/news/2019/5/16/334236/.
See http://spring96.org/en/news/95744.
See https://baj.by/en/content/belarus-authorities-set-make-us-stop-contributing-belsat-journalist.
See http://mininform.gov.by/documents/respublikanskiy-spisok-ekstremistskikh-materialov/.
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