A/HRC/38/51 periodic review of Belarus and by the treaty bodies,1 and the heavy marketing around it, do not even mark the start of the process of recognizing the existence of long-standing human rights issues, as those are not addressed by the plan as analysed by the Special Rapporteur (see A/HRC/35/40). 9. Representatives of the State party’s authorities attending conferences highlight results in the socioeconomic field and efforts to implement the Sustainable Development Goals. The Special Rapporteur deems it necessary to question the authorities about the absence of similar efforts, or at least the relaxation of the measures currently in force, when it comes to democratic values and fundamental freedoms as recognized in the Universal Declaration of Human Rights. 10. Belarus remains excluded from membership of the Council of Europe for retaining capital punishment in its Criminal Code and for conducting executions. In 2017, two executions were carried out, and four death sentences were handed down, according to the information available. 11. The absence of a national human rights institution, despite numerous recommendations to establish one in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), is solely due to the lack of political will to permit the establishment of a forum where citizens, civil society organizations, legal specialists and authorities can come together to build a legal and practical framework compliant with the human rights obligations of the country. 12. Similarly, the various elections, both presidential and parliamentary, held in the country for the past 20 years or so have prompted the independent external observers of the Organization for Security and Cooperation in Europe (OSCE) to make recommendations aimed at fundamental improvements. The authorities of Belarus have consistently completely ignored such recommendations. The only concession made to political pluralism in the past two decades was to permit two opposition candidates to sit in the National Assembly in September 2016. The Special Rapporteur recalls that presidential and parliamentary elections are scheduled to take place in Belarus in 2020. There are, however, reports that one of those elections could be organized in 2019. The international community should remain vigilant regarding the upcoming polls, and continue to demand the implementation of the recommendations of the OSCE Office for Democratic Institutions and Human Rights of the OSCE. 13. In the run-up to the twentieth anniversary of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration on Human Rights Defenders), the Special Rapporteur reiterates the findings contained in his 2014 report to the General Assembly (A/69/307), namely that, almost 20 years after its adoption, the gap between the moral commitment to adopting the Declaration and its real implementation remains vast in Belarus. Like all the other States Members of the United Nations, Belarus had committed to implementing the values contained in the Declaration by complying with General Assembly resolution 53/144 in 2017. While recognizing that Belarus is not the only country to oppress human rights defenders, and that their situation is deteriorating (A/HRC/34/52), the Special Rapporteur underlines the fact that the harassment of defenders is government-driven, systemic and entrenched in the legal framework. 14. Regarding the causes of the reported systemic suppression of human rights, periodically enhanced by large-scale flare-ups of brutality on the part of law enforcement officials, the Special Rapporteur refers to his most recent report to the General Assembly (A/72/493). In the report, he focused on the powers amassed by the executive branch and of the incumbent President himself, and analysed the impact of the lack of separation of powers and rigged elections on the human rights situation. 1 See http://mfa.gov.by/upload/doc/plan_all_eng.pdf. 3

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