A/HRC/32/48
47.
Three main restrictions undermine the right to freedom of association: the rules on
registration; the widespread refusal of registration; and the criminalization of unregistered
civil activities and funding. Most notably, article No. 93.1 of the Criminal Code
criminalizes any activity undertaken by a non-registered non-governmental organization
and its “members”. All public activities and events require prior authorization from bodies
at different government levels, which exercise their power in full discretion. The process of
applying for registration is highly obstructive. Civil society groups are repeatedly and
arbitrarily denied registration on various grounds, many of which are not even mentioned in
the relevant law or regulations.
48.
The Special Rapporteur continued to receive information on the difficulties
encountered by many who wished to create groups freely. For instance, on 1 December
2015, the Minsk City Executive Committee denied State registration to the cultural and
educational public association New Alternative. The reason given for the decision was that
the organization’s name did not correspond to the objectives specified in its charter.
49.
Also in December 2015, the civil campaign “Tell the Truth” was, for the fourth time,
denied State registration as a public association. The Ministry of Justice claimed that some
of the annexes to the request were lacking signatures. When representatives of the
movement asked for information on what exactly had been omitted, the registration
authority refused to reply.
50.
On 17 February 2016, a representative of the Belarusian State Medical University
allegedly declared that three non-governmental organizations that addressed student matters
were “unauthorized” and “illegal”. Subsequently, instructions were given to hold
“preventive conversations” with the students to warn them against participation in the
activities of the organizations, described as hosting anti-government elements. The Special
Rapporteur is appalled to see the administration of an education entity exercise pressure to
limit the freedom of association, which is further proof of the systemic oppression in
Belarus.
51.
The above cases contradict the commitments made by Belarus during its review by
the Working Group on the Universal Periodic Review to examine a number of
recommendations on improving the exercise of and guaranteeing freedom of association
(see A/HRC/30/3, paras. 129.61, 129.64 and 129.87, inter alia), in particular by the repeal
of article No. 193.1 of the Criminal Code.
52.
The Committee on the Elimination of Discrimination against Women had also
recommended in 2011 that Belarus de-criminalize participation in the activities of
unregistered public associations, including women’s associations, and create an enabling
environment and ensure funding opportunities for women’s associations
(CEDAW/C/BLR/CO/7, para. 28).
C.
Freedom of peaceful assembly
53.
The Special Rapporteur welcomes the fact that public gatherings have not triggered
violence or immediate arrests by the police since October 2015. Disproportionate
administrative fines seem to have been prioritized over immediate arrests by recent
instructions, while both approaches remain legal. The Minister for the Interior, in a
statement issued on 1 March 2016, explained that Ministry has “modified its approach to
unauthorized demonstrations”. The reason for the shift was “a different direction in foreign
and interior policy”; the Minister stressed, however, that the law and its aim to discourage
unwelcome public gatherings had not changed.
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