A/HRC/35/40
2.
Persons with disabilities
132. The Special Rapporteur commends the ratification by Belarus of the Convention on
the Rights of Persons with Disabilities and the Optional Protocol thereto on 14 November
2016, and hopes that a specific prohibition of discrimination against persons with physical,
sensory, intellectual or mental disabilities will be adopted soon to bring the domestic
legislative framework into line with the standards contained in the Convention.
3.
Lesbian, gay, bisexual, transgender and intersex persons
133. In October 2016, the House of Representatives adopted at the first reading a draft
law entitled “On amendments and additions to certain laws of the Republic of Belarus (to
protect children from information harmful to their health and development)”. Although the
bill does not contain provisions for administrative or criminal liability based on sexual
orientation and/or gender identity, the Special Rapporteur shares the concerns of lesbian,
gay, bisexual, transgender and intersex activists in Belarus that forbidding the
dissemination to children of information “discrediting the institution of family and
marriage” would be interpreted in a discriminatory way. 35 In addition, forbidding the
sharing of any information that would discredit the institution of the family threatens
freedom of expression.36
134. The Special Rapporteur remains concerned by reports of violent acts and
intimidation against members of the lesbian, gay, bisexual, transgender and intersex
community and the lack of proper investigation into such cases when they are reported to
the police. A prominent case of bias-motivated violence was the death of Mikhail
Pischevsky, who died on 27 October 2015 following a homophobic attack 17 months
earlier. The case remains improperly investigated, causing anxiety and distrust of the
authorities.
135. The inter-agency plan includes two proposed activities which aim to promote family
values and contribute to “mainstreaming family as a lifestyle”. These activities serve to
promote the above-mentioned stereotypes. There are no provisions for ending violence
against or promoting inclusion of those whose sexual orientation is not “traditional”.
4.
Religious groups
136. The Special Rapporteur has received reports of harassment of Jehovah’s Witnesses.
According to the law on freedom of conscience and religious organizations, a religious
group which has more than 20 members needs to register as a religious organization.
Although the Jehovah’s Witnesses have three religious buildings in Belarus, members of
the group have to ask the local authorities for permission if they want to meet in residential
or non-residential premises for religious services. In many cases, the authorities refused
permission, de facto criminalizing the religious services as illegal activities. In addition, in
May 2016, one of the two traditional annual meetings of Jehovah’s Witnesses in Vitebsk
was prohibited by local officials. There are also reports of gatherings being interrupted, of
false allegations of non-authorizations in the form of non-appealable written warnings and
of arbitrary detentions. In the first half of 2016 there were three incidents of Jehovah’s
Witnesses being detained for publicly sharing their beliefs in their neighbourhoods.
Furthermore, religious literature, printed or in audio form, and video materials have to
undergo a State religious examination, according to the law on freedom of conscience and
religious organizations.
35
36
See www.humanrightsfirst.org/blog/homophobic-legislation-threatens-lgbt-community-belarus.
International Lesbian, Gay, Bisexual, Trans and Intersex Association, State-sponsored Homophobia.
A World Survey of Sexual Orientation Laws: Criminalisation, Protection and Recognition (Geneva,
May 2016).
19
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