A/HRC/32/48
election held in 2010.1 Therefore, the release of the prisoners on the eve of the election
without restoring their right to stand for election may have only deepened the climate of
fear that has characterized governance for decades. As reported by the Special Rapporteur
in several previous reports, the repressive legal framework has only tightened since 2010,
as has the systematic use of criminal and administrative sanctions against opponents and
critics, or any expression of dissent, even when peaceful.
8.
Both the conduct and the results of the September 2016 parliamentary elections will
constitute a test of the resolve of the President to reform the governance of human rights in
Belarus. The Parliament of Belarus is the only one in the European continent that does not
muster any modicum of opposition, merely rubber-stamping the President’s decisions. This
has been the case of every Parliament in the past 20 years, regardless of whether the
opposition attempted to participate in or decided on a boycott in protest against the
restrictions.
9.
The Special Rapporteur hopes that the next parliamentary elections will be not only
free of violence and repression but will also allow for political opinions other than those of
the President to be aired, and as a result political forces will be able to win seats in a
number proportionate to their independently verified votes.
10.
The persistent presence in the criminal code of the death penalty and its repeated
application remain another pattern of non-compliance with human rights standards that sets
the State apart on the European continent. The Special Rapporteur deplores the use of the
capital punishment by tribunals. The most recent sentence thereof was handed down on 16
February 2016, one day after the Council of the European Union lifted most of its sanctions
against individuals and companies from Belarus.
11.
During the period under review, the Special Rapporteur noted no change in the
“permission-based” regime governing freedoms of assembly, expression and association,
and other human rights. This entrenched system is, in the Special Rapporteur’s view, the
basis of the prevailing climate of fear that deters any attempt to express views or to
organize assemblies or associations that the Government deems undesirable. It consists in
the de jure criminalization of any public activity that has not gained previous authorization
from the administration. The authorities themselves decide in every case whether de jure
criminalization should be made a de facto one, and in what form, on a wide scale of
punishment ranging from administrative to penal, from fines to incarceration, and to loss of
unrelated civil rights. All changes in the past two decades, including the most recent
instructions given to law enforcement bodies, have remained within the scope of this
system, moving forwards and backwards alternatively while the Government has retained
full control over public life.
12.
On 4 May 2015, Belarus underwent its second universal periodic review. While the
Special Rapporteur was encouraged by the level of engagement of the authorities with the
process, he noted that the recommendations made by Member States were similar or even
identical to those made during the previous review, reflecting the absence of change in the
overall situation of human rights in the country. In particular, no progress was made on
any of the recommendations accepted by the State involving civil society organizations
other than those established by the Government.
13.
A national human rights institution has yet to be created, as recommended by the
Working Group on the Universal Periodic Review in 2010 and again in 2015 (see
A/HRC/15/16 and A/HRC/30/3). A national institution in accordance with the Paris
Principles would assist the Government in addressing shortcomings and pave the way for
1
4
OSCE, “Belarus, Presidential Elections, 11 October 2015: Final Report”, 28 January 2016.
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