A/HRC/32/48
gradual compliance with international standards. The Special Rapporteur deplores the fact
that no substantive progress has been made towards the creation of such an institution.
14.
The recent release of political prisoners and the orders given to law enforcement
bodies to refrain from use of violence against peaceful demonstrators should not blur the
reality of the overall situation of human rights. In the assessment of the Special Rapporteur,
the authorities, since the presidential election, have not shown any resolve to substantially
ease the systemic restrictions on human rights, nor have they initiated the recommended
cooperation with the international human rights mechanisms. 2 The Special Rapporteur
makes his recommendations with these considerations in mind.
B.
Methodology
15.
The Special Rapporteur has not enjoyed any cooperation with the authorities of
Belarus, despite repeated requests made by the mandate holder over the years. The most
recent request, dated 17 February 2016, addressed to the Permanent Representative of
Belarus to the United Nations Office at Geneva, to conduct a visit to Belarus remained
unanswered as at 31 March 2016. The Special Rapporteur deplores this situation, given that
engagement, even incremental, with the mandate holder would allow him to obtain firsthand information, and would demonstrate goodwill in addressing the systemic human rights
issues of Belarus.
16.
Given that in situ visits were not possible, the work of the Special Rapporteur
continues to be based on information received from various partners: rights-holders, victims
of violations and their relatives, civil society actors, representatives of international and
regional organizations, and diplomats. While seeking this information, the Special
Rapporteur has continued to be guided by the principles of independence, impartiality and
objectivity. The sources of information necessary to conduct the analysis contained in the
present report are indispensable. The Special Rapporteur attaches particular importance to
the safety and security of sources of information.
17.
As in previous reports, the Special Rapporteur describes the main human rights
concerns in Belarus since the previous report submitted to the Human Rights Council. In
addition, as mentioned above, his analysis focuses on the degree of compliance of Belarus
with the numerous recommendations made by the human rights mechanisms of the United
Nations. The clustering of recommendations follows the human rights mechanisms of the
United Nations since 2010, year of the first review of Belarus by the Working Group on the
Universal Periodic Review.
II. Rule of law and legal framework
18.
After the presidential election of October 2015, no legislative action has been
initiated to improve the situation of human rights; the oppressive laws and practices remain
in force.
19.
Presidential decrees continue to be used as the main legislative mechanism in
Belarus (see A/HRC/26/44, para. 21 and A/HRC/29/43, para. 21). The Parliament, where
any form of opposition is still precluded, merely approves the legislation presented to it.
2
See Office of the United Nations High Commissioner for Human Rights “Statement by the Special
Rapporteur on the situation of human rights in Belarus, Miklós Haraszti”, 9 February 2016.
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