A/HRC/44/55
cannot organize a peaceful assembly. Individuals who violate the restrictive legislation on
mass events are forbidden from taking part in the organization of mass events for one year
thereafter, which effectively constrains the possibility for protesters to exercise their right to
freedom of peaceful assembly.
47.
Before, during and after the parliamentary elections, held on 17 November 2019, the
number of unauthorized, yet peaceful, protests in the city centre of Minsk increased. 45
During that period, the authorities continued the practice of preventive detentions and the
issuing of warnings to potential participants of peaceful assemblies. Following the
assemblies, at least 70 protesters were charged with fines totalling more than $25,000, and
12 protesters were subjected to administrative detention of 5 to 15 days. 46 Some protesters
were charged repeatedly. In response, civil society mobilized and organized crowdfunding
campaigns to cover fines for those who could not pay. In at least two cases, legal
representatives of administrative detainees were not allowed to visit them, allegedly owing
to a lack of available premises for such meetings. The Special Rapporteur stresses that this
practice has a chilling effect on civil society and discourages people from exercising their
legitimate rights.
48. At the same time, the Special Rapporteur welcomes the fact that, on 31 August 2019,
LGBTQI activists were able to hold a demonstration in Minsk, which was the first time
since 2014. While the demonstration was not authorized by the authorities, the police did
not disrupt this mass event, and no one was reported to have been apprehended or fined as a
result of participating in it.
49.
In terms of the right to freedom of association, the Special Rapporteur welcomes the
amendments to the Criminal Code of Belarus that repealed article 193.1, which imposed
criminal liability for participation in an unregistered organization. However, the
introduction of an administrative liability for this activity still significantly restricts freedom
of association. According to article 23.88 of the Code of Administrative Offences,
participation in an unregistered organization results in an administrative penalty in the form
of a fine in excess of $500, which could be a significant financial burden for civil society
organizations.
50.
The Special Rapporteur remains concerned that registration procedures remain
cumbersome and hinder non-governmental organizations and their activities. While the
number of registered organizations increased in 2019, compared with 2018, the number of
registered human rights organizations, youth groups and political parties remained low, and
some applicants continued to experience arbitrary obstacles and discrimination upon trying
to register their associations. The Special Rapporteur remains particularly concerned about
the fact that despite repeated attempts, no new political party has been registered in Belarus
since 2000.47
51.
In 2019, the number of registered youth organizations significantly decreased as a
result of the restrictive governmental approach. Some civil society organizations were
forcefully shut down, including the Belarusian National Youth Council (“RADA”), the
Belarusian Student Alliance, and Gay Belarus. Despite this, some organizations continue
their work with or without official registration and are still fully recognized internationally,
thanks to the support of the international community and international bodies.
2.
Freedom of opinion and expression
52.
During the reporting period, freedom of opinion and expression continued to be
severely restricted in Belarus. Article 17.11 of the Code of Administrative Offences
45
46
47
10
On 15 November 2019, approximately 200 protesters participated in the so-called “Meeting of Free
People”. Police did not disrupt the protest but four activists were apprehended by police ahead of the
protest. In addition, in Minsk on 8, 9, 20 and 21 December 2019, there were protests against closer
integration between Belarus and the Russian Federation. The largest of the four protests, held on 20
December 2019, was attended by over 1,500 people. Before it began, police warned people against
participation in the unauthorized protest, and activists were apprehended before and after the event.
See http://spring96.org/en/news/95744.
The Belarusian Communist Party of Workers had seven failed attempts to register; the Party of
Freedom and Progress had five; and the Belarusian Christian Democracy had seven, the last of which
was made in April 2018.
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