A/HRC/38/51
established a permanent state of intimidation through their oppressive laws and
policies, and regularly resort to large-scale violence by law enforcement officials. The
crackdown on peaceful demonstrators in March 2017 and in March 2018, the return
to administrative arrests of demonstrators after a brief period of simply fining them,
and to frequent short-term arrests of political opponents, are illustrative of the
cyclical nature of oppression.
112. The presidential and parliamentary elections scheduled for 2020 and possibly
2019 present an opportunity for the authorities to allow Belarusian society the
breathing space that it deserves. In that regard, the focus of policies on key issues,
such as freedom of expression, including of the media, freedom of peaceful assembly,
freedom of association and political plurality, could be shifted. Given the persistent
lack of political will to take such action demonstrated by the incumbent
administration over the past few decades, the Special Rapporteur has limited hopes
that the State party’s authorities will seize the opportunity to start changing policies.
That is another reason why, in the Special Rapporteur’s view, international scrutiny
of and the provision of support regarding the human rights situation in Belarus
should continue.
113. The Special Rapporteur regrets that the Government has refused to engage
with the mandate, and hopes that its attitude will change in the remaining few months
of his mandated period, or towards his successor in the mandate, which should be
renewed. The recommendations that he made in his previous reports remain valid.
114.
In addition, the Special Rapporteur recommends that the Government:
(a)
Release all political prisoners, and end the practice of imprisoning
individuals and political leaders who express dissenting views;
(b)
Allow the existence of nationwide independent media, and end
harassment against journalists;
(c)
Put an end to discriminatory social policies combating “social
parasitism”;
(d)
Repeal article 193-1 of the Criminal Code curtailing the freedoms of
peaceful assembly and of association;
(e)
Create a simple notification system for associations, pickets and peaceful
assemblies, and put an end to the oppressive system of authorization and
accreditation;
(f)
Involve civil society representatives, including human rights defenders,
in any dialogue on human rights issues; in that regard, use the domestic discussions on
the realization of the Sustainable Development Goals to start such a dialogue;
(g)
Introduce a moratorium on executions, leading to the total abolition of
the death penalty;
(h)
Put an end to discriminatory practices and narratives against women
and individuals belonging to minorities;
(i)
Put an end to the oppression of cultural expressions addressing civil,
political and socioeconomic issues;
(j)
Ensure the independence of the judiciary, and stop the harassment of
lawyers, including through the reaccreditation process;
(k)
Revise the Electoral Code to include long-standing recommendations
from the OSCE Office for Democratic Institutions and Human Rights;
(l)
Address the systemic issues highlighted by the human rights mechanisms
by implementing their recommendations;
(m)
Issue a standing invitation to all special procedures.
19
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