A/HRC/38/51
2017 and March 2018. New amendments to media laws threaten further harsh
restrictions to freedom of expression online.
106. On the occasion of his previous report to the Human Rights Council, the
current Special Rapporteur deplored the lack of any meaningful progress on systemic
human rights issues since the establishment of his mandate: issues which the High
Commissioner for Human Rights had previously highlighted in 2011. The
purposefully oppressive legal framework, the structural absence of the rule of law and
the blatant lack of consideration of the recommendations of human rights
mechanisms testify to the freezing of fundamental freedoms in Belarus. During his
period in office, the Special Rapporteur has demonstrated that the human rights
record of Belarus could easily be improved if there were to emerge, at the internal
level, political will to utilize the ready-to-use toolbox provided by the
recommendations of the human rights mechanisms, including the universal periodic
review, over more than 20 years.
107. As no tangible progress on systemic issues has been achieved, the Special
Rapporteur is of the view that there is no reason to discontinue the international
scrutiny of the human rights situation in Belarus, all the more so given that no
regional scrutiny is applicable owing to the exclusion of Belarus from membership of
the Council of Europe because of the retention in the Criminal Code of the death
penalty and its regular application.
108. While members of the international community have constantly reminded
Belarus of the need to comply with its international obligations, and to implement the
recommendations of the human rights mechanisms, the State party’s authorities do
not even acknowledge the existence of civil and political human rights issues. While
the State party’s authorities claim to have made progress on social rights, in fact, their
repressive handling of civil liberties also affects social and economic rights, as the
“social parasitism” policies show. The exercise of civil and political rights is described
as a threat to “social stability”, and their repression has been presented to some
partners as being necessary in order to avoid political instability amid geopolitical
tensions in the region.
109. The human rights record of Belarus, which has gradually worsened since 1996,
has shaped the lives of several generations of Belarusians. A 22-year-old in Belarus
has never experienced free and fair elections, does not know what the independence of
the judiciary and the separation of powers mean in reality, fears to publicly express
views that are critical of government policies, does not have free access to different
media or to a diverse culture, finds it normal to undertake forced labour at the
weekend and has grown up with patriarchal stereotypes about women and men. Amid
the continuing vilification of, and prohibitive restrictions on the work of human rights
defenders, political, cultural and environmental activists and independent journalists
in the country, the persistence of such actors must be praised, protected and
encouraged. The Special Rapporteur deems it vital for the situation of civil society
activists to continue to provide international support for them through the present
mandate.
110. Attempts by Belarus to present alleged progress made regarding its human
rights record through, for instance, the cyclical release of political prisoners, the
granting of permission to two token opposition members to be present in the National
Assembly, or the adoption of an inter-agency plan on human rights without tackling
any of the persistent systemic issues, are contradicted by the daily reality faced by
citizens, who are obliged by the country’s laws to obtain specific official permission
for every instance of exercising their rights to peaceful assembly, to freedom of
association and to freedom of the media, and who are considered as criminals and can
be condemned to prison sentences under the above-mentioned laws because of their
decision to exercise their rights to political expression, to peacefully demonstrate, or to
participate in unregistered gatherings.
111. The Special Rapporteur has described in the present report the cyclical system
of oppression of human rights in Belarus. The State party’s authorities have
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