A/HRC/44/55
in the media, put the language under threat of significant decline or disappearance. She
encourages the Government of Belarus to commit itself to the protection and promotion of
all minority languages in the country.
Participation in cultural life
82.
The Special Rapporteur notes that discrimination against the Belarusian language in
the public sphere has a negative effect on everyone’s ability to take part in cultural life,
which is guaranteed by article 15 of the International Covenant on Economic, Social and
Cultural Rights. According to information received, owing to continuous discrimination of
the Belarusian language in the public and cultural spheres and in the media, the population
of Belarus has a very low level of awareness about Belarusian literature and culture.
According to a survey conducted by the Union of Belarusian writers in the period 2017–
2018, a total of 92 per cent of respondents were not able to name any contemporary
Belarusian writer.
83.
Moreover, the Special Rapporteur is concerned about censorship in the cultural
sphere and the restriction of freedom of speech of artists. Outspoken representatives of the
cultural sphere face artificially created obstacles in the exercise of their artistic freedoms if
their work promotes equality and fundamental freedoms. According to information received,
the authorities have so-called black lists of artists, writers and other representatives of the
cultural sphere who should not be allowed to organize public events and whose names
should not be mentioned in the media. For instance, on 6 June 2019, a Belarusian artistperformer was detained in Belarus after a performance in defence of the Belarusian
language. The court found him guilty of holding an unsanctioned event and disobeying a
police officer; he was subsequently fined 204 Belarusian roubles ($90).78 In another case, in
April 2019, authorities denied touring certificates to a musician owing to the alleged “low
artistic level” of his music. The Special Rapporteur stresses that cultural life must be
characterized by freedom and authorities should not interfere with the exercise of cultural
practices.
84.
Of particular risk is the enjoyment of artistic freedoms by representatives of the
LGBTQI community. The Special Rapporteur received a number of reports suggesting that
during the reporting period, LGBTQI artists had been restricted in their ability to express
social and political statements through the arts. Moreover, State authorities continued to use
homophobic statements in their official capacity. On 4 May 2020, the Ministry of Interior
issued a statement on its website that argued that artificial promotion of the theme of samesex relationships was destructive, violating moral norms and leading to an increase in
sexual offences against children. 79 The Special Rapporteur is concerned that while
exercising public functions and utilizing public resources, officials engaged in acts that
could be qualified as incitement to discrimination based on sexual orientation and gender
identity, for which they should be held accountable.
IV. Conclusions and recommendations
85.
The Special Rapporteur regrets the continuous policy of non-engagement with
the mandate and hopes that this position will be reconsidered. Engagement with the
mandate is a real opportunity for Belarus to show its willingness to reflect on human
rights issues and engage with United Nations special procedures for the purposes of
improving the human rights situation.
86.
The Special Rapporteur regrets the lack of meaningful progress towards the
protection of human rights in Belarus. Even though there has been little change in the
legislation since the last report, she also acknowledges that some advances are
observable in practice. The engagement of Belarus with international human rights
mechanisms is encouraging, and the Special Rapporteur is hopeful that the interest in
meaningful, constructive engagement will increase.
78
79
See https://belsat.eu/en/news/artist-ales-pushkin-detained-for-performance-event-againstrussification.
See www.mvd.gov.by/ru/news/5372 (in Russian).
17
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