A/HRC/41/52
I. Introduction
A.
Executive summary
1.
The mandate of the Special Rapporteur on the situation of human rights in Belarus
was established in 2012 by the Human Rights Council in its resolution 20/13, on the basis
of a report by the United Nations High Commissioner for Human Rights (A/HRC/20/8).
The Council requested the mandate holder to report annually to it and to the General
Assembly. The Council has since renewed the mandate six times, for one year each time, in
resolutions 23/15, 26/25, 29/17, 32/26, 35/27 and 38/14.
2.
The present report, submitted to the Council pursuant to its resolution 38/14, covers
the period from 1 May 2018 to 31 March 2019 and is based on information received up to
the latter date. It is the first report submitted by the current Special Rapporteur, Anaïs
Marin, who officially assumed her functions on 1 November 2018.
3.
As in previous years, the Government of Belarus has not recognized the mandate of
the Special Rapporteur, thereby limiting her capacity to engage constructively. The Special
Rapporteur can only regret this and encourages the Government to review its position on
the mandate.
4.
Based on the information collected, the Special Rapporteur cannot attest to
important improvements in terms of respect for human rights in Belarus. For example, the
death penalty continues to be used and no progress has been recorded on the prevention of
torture and ill-treatment although both areas have been the subject of many
recommendations over the years.
5.
Some welcome changes can be mentioned, such as the repeal of article 193.1 of the
Criminal Code criminalizing the activities of non-registered organizations and the
introduction of amendments to the law on mass events, establishing a notification procedure
for certain assemblies. Those developments, however, only partly address the
recommendations of human rights actors. Non-registered organizations are still subject to
administrative liability and the notification procedure for assemblies is valid only for those
taking place in areas designated by authorities, and is often denied in practice. These small
steps, although going in the right direction, have yet to testify to a real change in
Government policies.
6.
The reporting period was also marked by the entry into force of legislative
amendments introducing further restrictions on online media, while formerly documented
practices of arrests of human rights defenders and activists, the prevention of peaceful
assemblies and interference with the work of journalists and civil society organizations
continue to be regularly reported. Although the number of such cases seems to have
reduced in comparison to the previous year, the same policies are in place, showing that
there has been no fundamental change in approach. With a restrictive legal framework and
practices still in place, a relapse into widespread repression can easily occur.
7.
The information collected also shows a heavy-handed and punitive approach
towards marginalized groups, such as people suffering from addiction or the unemployed.
Individuals, including children, arrested for drug-related offences are sentenced to
disproportionately long terms in prison. Parents who are unemployed, suffer from addiction
or have committed minor administrative offences can see their children taken away by
social services. Unemployed individuals have to pay higher prices for utilities and are
forced to accept any employment offered to them or risk being sent to labour treatment
centres. This severe approach has a negative impact on already vulnerable and socially or
economically disadvantaged individuals. However, anyone can potentially be impacted by
such measures. The Special Rapporteur also notes that several groups, such as Roma,
members of the lesbian, gay, bisexual, transgender and intersex community or people living
with HIV, continue to be discriminated against.
8.
The dynamism and dedication of civil society actors in promoting and protecting
human rights, despite the adverse conditions in which they have to work, should be
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