A/HRC/38/51
23.
The Special Rapporteur also welcomes the submission by Belarus of its fifth
periodic report under article 40 of the International Covenant on Civil and Political Rights
(CCPR/C/BLR/5), and recalls that the report had been pending for 16 years. In October
2018, the Human Rights Committee would thus have the opportunity to review the level of
compliance of Belarus with the provisions of the Covenant 21 years after having previously
done so, on 30 October 1997.
24.
The Committee against Torture was scheduled to review the compliance of Belarus
at its sixty-third session in May 2018, on the basis of the fifth periodic report
(CAT/C/BLR/5) submitted by Belarus in response to the list of issues adopted by the
Committee in 2013 (CAT/C/BLR/QPR/5). The review would provide an opportunity to
assess the prevalence of torture and ill-treatment in Belarus, particularly in prison facilities,
and, more broadly, acts committed by law enforcement officials.
25.
The Special Rapporteur devoted large sections of his most recent report to the
Human Rights Council to the assessment and analysis of the inter-agency plan for the
period 2016–2019 for the implementation of recommendations made during the second
cycle of the universal periodic review and by the treaty bodies, approved by the Council of
Ministers on 24 October 2016.
26.
On the occasion of the twenty-sixth session of the OSCE Parliamentary Assembly,
held on 5 July 2017 in Minsk, the inter-agency plan was presented by the President of
Belarus himself as being the most important element of systemic efforts to ensure citizen’s
rights and freedoms as a whole.4
27.
The plan, a list of activities mostly devoted to initiating institutional thinking about
long-standing economic and social issues, falls far short of constituting a comprehensive
national human rights action plan, as it ignores numerous fundamental recommendations
made by various human rights mechanisms regarding civil and political rights. The
Ministry for Foreign Affairs, which proclaims the indivisibility of human rights on its
website,5 has been unable to translate that principle into reality. According to information
available at the time of drafting of the present report, there was no implementation report
available on the 100 or so points contained in the plan.
IV. Human rights concerns
A.
Freedom of opinion and expression, and freedom of the media
28.
At the time of drafting of the present report, the Government was processing
amendments to the law on the mass media, the Tax Code, the Administrative Offences
Code and the Code of Execution Procedure for Administrative Offences, dealing with the
regulation of the media, including web-based outlets. The amendments were passed by the
National Assembly on first reading on 19 April 2018. If finally approved, the amendments
would further curtail the freedoms of expression and information of all citizens, increasing
the hurdles and intimidation faced by Belarusian independent journalists and online content
contributors.6
29.
The draft amendments would provide for additional administrative fines of up to
€500 and €5,000 respectively for individuals or entities that produce or disseminate
information while not registered as journalists or media outlets. Under other amendments to
the law on the mass media, web-based outlets would be subjected to the existing State-run,
permission-based registration procedure for print media. Any online publication, including
social media, could therefore be banned if it were not run by registered journalists, and the
author or publisher would be held liable under the above-mentioned amendments. The
4
5
6
See http://mfa.gov.by/en/organizations/human_rights/.
Ibid.
See https://baj.by/en/content/baj-sent-its-comments-amendments-law-mass-media-parliament.
5
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