A/HRC/26/44
I. Introduction
1.
The mandate of the Special Rapporteur on the situation of human rights in Belarus
was established by the Human Rights Council in its resolution 20/13. Miklós Haraszti
assumed his functions on 1 November 2012, and his mandate was extended for one year
(A/HRC/RES/23/15). In the present report, the Special Rapporteur describes the prevailing
situation of human rights in Belarus since he presented his first report (A/HRC/23/52) to
the twenty-third session of the Human Rights Council in June 2013.
2.
The general situation of human rights in Belarus has not improved. The widespread
disrespect for human rights that has evolved since 1991 into a regime of violations with a
structural and endemic character (A/HRC/20/8) remains intact. The Special Rapporteur is
concerned about the lack of progress made to improve legislation, institutions and practice,
which the United Nations High Commissioner for Human Rights and the Special
Rapporteur identified as being at the core of the both systematic and systemic denial of
human rights (A/HRC/23/52). In his previous report, the Special Rapporteur had noted
some welcome preparatory steps regarding the establishment of a national human rights
institution and a parliamentary working group on the death penalty, work in the area of
human trafficking and efforts to achieve the Millennium Development Goals. While work
does continue in the two latter areas, no progress has been made in the creation of
institutions that protect human rights.
3.
The country remains the only State in Europe with a Parliament without opposition
(A/68/276, para. 14). The judiciary continues to be fully dependent on the President, who
names and can remove all judges and the Prosecutor-General. The lack of independence of
the courts and law enforcement agencies remain coupled with intimidation against lawyers,
who are forced to join the bar association that is directly supervised by the Government.
4.
Capital punishment continues to be used in Belarus with no guarantee of due
process. Since June 2013, the court of Belarus has sentenced four people to death.
Reportedly, no executions have been carried out.
5.
Due to new cases, the overall number of persons incarcerated in retaliation for their
political activities has practically not diminished. Among them, a former presidential
candidate and leaders of major human rights and youth organizations remain behind bars. A
few political prisoners were released, but only upon completion of their prison terms, with
no effort to review their cases. Despite frequent behind-the-door and public requests by
international organizations and various Governments, the President has not used his power
to issue an amnesty, which he can do even in the absence of a request for pardon. This strict
position towards incarcerated public figures seems to reflect a determination to maintain
tight restrictions on public life.
6.
The economy is 70–80 per cent State-controlled, which leads to the widespread
denial of labour rights with a severe suppression of the right of independent labour unions
to organize.
7.
The rights to freedom of opinion and expression, association, peaceful assembly and
cultural rights continue to be severely restricted in law and practice, as a means to control
all spheres of public life. The broadcasting system is State-owned, making media freedom
impossible.
8.
A highly dissuasive, permission-based regime is still the main tool to deny civil
rights. It is particularly applied to limit access to information and the freedoms of
expression and opinion, information, association and peaceful assembly – all key for full
and inclusive participation in public life.
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