A/HRC/44/55
perform and there are no effective complaint mechanisms. In addition, if they refuse to
work, they face sanctions.
77.
The Special Rapporteur notes that owing to suppressive policies towards
independent trade unions, workers cannot effectively defend their rights, and those who
proactively try to do so may face retaliation. She adds that this perpetuates anti-union
policies and other violations of labour rights.
Discrimination against unemployed persons
78.
The Special Rapporteur continues to be concerned about the practice of systematic
discrimination against unemployed persons.74 According to the presidential decree No. 1,
on the promotion of employment of the population, also known as the “anti-parasite law”,
persons who are included on this list of able-bodied unemployed citizens have to pay for
State-subsidized services, such as gas, heating and hot water, at their full cost. According to
available statistics, approximately 500,000 persons are on this list. 75 The Special
Rapporteur reiterates that the decree discriminates against persons who are not able to find
employment owing to health conditions or due to the fact that they take care of their elderly
relatives. The Special Rapporteur was informed about the case of a woman who took care
of her elderly parents and therefore could not engage in the formal employment. As a result,
the woman was included on the list, faced stigma and had to pay full cost for services.
Several human rights defenders and workers of unregistered civil society organizations
have also been included on this list.
3.
Right to cultural life
Discrimination against the Belarusian language
79.
According to available statistics, 48 per cent of Belarus citizens consider the
Belarusian language to be their mother tongue. However, only 3 per cent of the population
claims to use the Belarusian language at home and in their everyday interactions. 76 The
Special Rapporteur is concerned about the limited use of the Belarusian language in
education and in cultural activities. While acknowledging the existence of national
programmes in support of the Belarusian language, she regrets that in practice not enough is
done to protect and promote it. The Belarusian language is underrepresented in all public
spheres. There is a widespread perception that the Belarusian language cannot be used in
technical, medical, economic, legal and other contexts. According to the Constitution of
Belarus, both Russian and Belarusian are recognized as official languages; however,
speakers of Belarusian are being systematically discriminated against in most public
institutions.
80.
Of particular concern is discrimination against speakers of Belarusian in education.
Higher and secondary specialized education is provided solely in Russian, with the
exception of specific studies of Belarusian philology. After the President of Belarus
declared that there was no need for a university whose language of instruction was
Belarusian, it was unclear whether the university that was recently registered in Minsk
would receive the necessary licence and start operating. Furthermore, according to recent
statistics, only 10 per cent of secondary schools offer an educational programme in the
Belarusian language and only 1.6 per cent of schools in cities do so. This contributes to a
division in terms of the use of the Belarusian language between cities and rural areas.
Options for preschool education in Belarusian are very limited. For instance, in Minsk there
are only two kindergartens which operate in Belarusian. These concerns were raised by the
Committee on Economic, Social and Cultural Rights in its concluding observations on the
combined fourth to sixth periodic reports of Belarus. The Committee’s recommendations in
this regard still remain unaddressed.77
81.
The Special Rapporteur reiterates that restrictions on receiving education in the
Belarusian language, along with the limitations on the use of the language in public life and
74
75
76
77
16
A/HRC/41/52, paras. 77–78.
See https://charter97.org/ru/news/2018/12/2/315016/ (in Russian).
See www.kp.by/online/news/3381149/ (in Russian).
E/C.12/BLR/CO/4-6, para. 29.
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