A/HRC/32/48
133. No substantial changes in the repressive legal framework were discernible,
despite repeated recommendations made by numerous United Nations human rights
mechanisms on amending domestic laws to bring them into line with international
human rights standards. The deeply entrenched limitations to the free enjoyment of
all human rights continue to be inherent to the organization and functioning of the
State.
134. Five years since its first review by the Working Group on the Universal
Periodic Review, Belarus is still uncooperative with United Nations human rights
mechanisms.
135. The Special Rapporteur is concerned that the perception that the situation of
human rights in Belarus has improved, based on sporadic and marginal changes,
conceals the lack of political will to engage in fundamental shifts, which are
desperately needed. A few welcome concessions by the State, such as the release of
political prisoners on the eve of the presidential election or the tendency to opt for
fines rather than impose detention for people taking part in non-authorized rallies,
allow nevertheless for the hope that the State will eventually commence to implement
its long-pledged compliance with international human rights standards.
136. The Special Rapporteur encourages the authorities of Belarus to take
advantage of the forthcoming parliamentary elections to strengthen, even if gradually,
the national human rights protection system. The long list of recommendations made
by international and regional human rights mechanisms offers a toolbox for the
authorities.
137. The current level of scrutiny by the United Nations of compliance by Belarus
with its human rights obligations must therefore be maintained, especially in view of
the forthcoming parliamentary elections.
138. The Special Rapporteur reiterates his readiness to cooperate with the
Government of Belarus. The recommendations that he made in his previous reports
remain valid.
139. In addition, the Special Rapporteur recommends that the Government of
Belarus:
(a)
Reinstate the civil and political rights of all political prisoners that have
been released;
(b)
Repeal article 193-1 of the Criminal Code curtailing the freedoms of
peaceful assembly and of association;
(c)
Transform the permission-based registration system into a notificationbased one so that the freedoms of assembly, association and expression, and many
other human rights, cease to depend on politicized, selective and arbitrary
government decisions;
(d)
Register the civil society organizations and political parties that have
been denied official recognition;
(e)
Introduce a moratorium on executions leading to the total abolition of
the death penalty;
(f)
Implement all recommendations made by human rights mechanisms by
means of a national human rights plan of action, designed in partnership with
international, regional and domestic partners, including civil society;
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