A/HRC/32/48
3.
LGBTI persons
127. Although same-sex relationships are no longer criminalized, current legislation does
not offer protection to victims of discrimination on the grounds of sexual orientation,
gender identity or gender expression. 25 Partly owing to the widespread homophobic rhetoric
expressed even at the highest levels of the Government, discrimination against LGBTI
persons, frequently manifested in the form of violence, remains a widespread phenomenon
in Belarus. For example, on 25 May 2014, a young man, Mikhail Pishcheuski, was attacked
while leaving a gay club in Minsk (A/HRC/29/43, para. 123). Mr. Pishcheuski died in
hospital on 27 October 2015 from his injuries. Even though at his trial the murderer
admitted that he had started harassing Mr. Pishcheuski because of his presumed
homosexuality, the court decided that the crime had been motivated by “recklessness”,
showing that, in cases of crimes committed against homosexuals, hatred is not considered
an aggravating factor. The perpetrator was sentenced to two years and eight months in
prison, but was released only 11 months after sentencing.
128. In December 2014, the Government introduced a draft “anti-propaganda” law that
would ban the dissemination of any information “discrediting the institution of the family”
to children. The draft bill made no mention of any specific penal or criminal sanctions, but
could be a further deterrent to open discussion of sexual orientation and gender identity.26
L.
Cultural rights
129. The Special Rapporteur remains concerned about the limited use of the Belarusian
language in education and cultural life (A/HRC/29/43, para. 126) and the systematic
disregard of the principles of linguistic equality by the Government.
130. In August 2015, the Parliamentary Standing Committee on Education, Culture and
Science considered the appeal made by the assembly of the Salihorsk branch of the
Belarusian Language Society on the need to ensure equality of the Belarusian and the
Russian languages in all spheres of life. The Committee denied that the current legislation
limited the right of citizens to use either of the official languages.27
131. In 2013, the Committee on Economic, Social and Cultural Rights has already called
upon the Government of Belarus to ensure that those wishing to study in Belarusian
language classes, including at the level of higher education, are provided with such
opportunities, and to promote the wider use of the Belarusian language in all areas of life,
including cultural life (E/C.12/BLR/CO/4-6, para. 29).
V. Conclusions and recommendations
132. In the light of the information made available relating tothe period under
review, the Special Rapporteur finds that the systemic curtailment of human rights in
Belarus has not changed.
25
26
27
Joint submission by GayBelarus and the Sexual Rights Initiative for the universal periodic review of
Belarus, May 2015.
See ILGA-Europe, Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans
and Intersex People in Europe, 2015.
Viasna, “Parliament believes that language is settled perfectly by current legislation”, 12 August
2015.
21
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