A/HRC/38/51
professional skills, and that 60 lawyers had to undergo a recertification process, testifies to
the denial of the right to be defended by a lawyer in Belarus.
85.
The Special Rapporteur recalls that the authorities conducted a similar recertification
exercise in 2011 for legal counsels who were defending individuals accused of rioting
during the period of intense repression in the wake of the December 2010 presidential
election. The recent attempt to demand recertification, and to ban or threaten to ban lawyers
(by issuing conditional certification), is another feature of the cyclical oppression of human
rights in Belarus.
86.
As during previous reporting cycles, the Special Rapporteur continued to receive
examples of disproportionate sentences and fines against those who had criticized the
official narrative. For instance, an activist who tried to display a banner on a statue of Lenin
in the city of Lida was held for two months without trial, and subsequently sentenced to one
year’s imprisonment in September 2017.
87.
The Special Rapporteur notes that Belarus dropped by 11 places in the 2017
democracy index of The Economist, ranking 138th out of 167 countries. 33
88.
During its consideration of the Belarus combined periodic reports in late 2017, the
Committee on the Elimination of Racial Discrimination expressed concerns about the
extent of the powers of the President over the judiciary (see CERD/C/BLR/CO/20-23, para.
21).
J.
Economic and social rights and conditions of work
89.
Forced labour remains the most visible violation of economic and social rights in
Belarus. That practice has been denounced by the Committee on Economic, Social and
Cultural Rights and the International Labour Organization, which have made several
recommendations to eliminate it. Belarus still has to address the issue, both in its legislation
and its practices, notably with regard to subotniks (days of “voluntary” unpaid work) and
participation in activity therapy centres.
90.
The obligation, for instance, to participate in harvesting on State-owned farms or in
street cleaning sessions, is regularly applied to factory workers, civil servants and
schoolchildren, and is disguised as strong encouragement by the authorities. The economy
of Belarus is centralized in nature, controlled by the President and his administration and
largely underperforming, allowing for the above-mentioned labour violation to be praised
as patriotic. Such practices are regularly monitored by the President himself, who, for
instance, publicly demanded that those responsible for bringing in the harvest in Gomel
oblast untimely in the second half of 2017 be punished. In November 2017, a Viasna
Human Rights Centre lawyer denounced the decision of the local executive committee of
Homiel to send teachers, students and employees to harvest flax: no measures were taken in
that regard. Similarly, attempts to launch an investigation against those who decided to send
schoolchildren to harvest potatoes in Maladziecna District in September 2016, during
which time 13-year-old Viktoryia Papachenia died when hit by a truck, were rejected by the
Prosecutor’s Office in December 2017.
91.
The Special Rapporteur recalls that the large-scale demonstrations of February and
March 2017 were directed against presidential decree No. 3 of 2015, which provided for the
financial liability of any individual who had not worked for 183 days in a year. The
Government estimated the number of individuals concerned at approximately 470,000. The
decree in itself was a violation of economic and social rights, as it was intended to punish
anyone who refused to work for the almost entirely State-driven economy, therefore
increasing the unemployment rate and becoming a “social parasite” according to the
government narrative.
92.
Faced with heavy internal and international criticism regarding presidential decree
No. 3 of 2015, the President suspended its implementation and asked the Government to
33
See https://www.eiu.com/topic/democracy-index.
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