A/HRC/38/51
15.
The Special Rapporteur is of the view that the international scrutiny exercised by the
Human Rights Council, the only body currently carrying out such work, is an invaluable
tool for deterring attempts by the authorities of Belarus to further tighten their control over
civil and political rights. In particular, the Special Rapporteur believes that the continued
existence of his mandate is key to the survival of a nucleus of civil society organizations
working on human rights issues.
B.
Methodology
16.
In his last year as the mandate holder, the Special Rapporteur had hoped that the
State party’s authorities would reply positively to his request to visit Belarus. However, that
request, like those made in previous years, remained unanswered at the time of finalizing
the present report.
17.
The Special Rapporteur is grateful to the authorities of Belarus for having allowed
him to enter the country in July 2017, at the invitation of the OSCE Parliamentary
Assembly. Although not acknowledged by the State party’s authorities as being on a
country visit, the Special Rapporteur was able to meet with a number of civil society actors,
human rights defenders, members of the political opposition and media representatives. He
also attended the sentencing of a human rights defender, experiencing at first hand the
dysfunctional nature of the judicial system (see A/72/493, para. 60).
18.
The Special Rapporteur regrets that the authorities of Belarus did not take advantage
of his presence in the country to engage at least on issues of potentially mutual agreement,
thus missing an opportunity to showcase alleged progress regarding the Government’s
human rights record.
19.
As in previous years, the Special Rapporteur, owing to his inability to conduct a
proper in situ visit, based his assessment on the Government’s statements and records and
on the numerous reports he had received from civil society actors, human rights defenders,
relatives of political prisoners and disappeared persons, diplomats and United Nations
entities.
II. Legal framework and related developments
20.
The enforcement of presidential decree No. 3 of 2015 was first announced as being
postponed, and subsequently abandoned all together. However, the principle of stigmatizing
and punishing individuals who refuse to benefit from jobs provided by the State on the
basis of loyalty to the executive has not disappeared. Under the presidential decree, fines
for such individuals would be replaced by denial of access to subsidized hot water, gas and
heating, under Council of Ministers resolution No. 314 of 24 April 2018. Payment for those
facilities would be due from 1 October 2019 onwards. 2 That situation would obviously have
an adverse impact on the economic and social rights of large sectors of the population.
21.
Media law amendments prepared by the presidential administration had been rubberstamped on first reading in the National Assembly at the time of writing of the present
report.3 Those changes would bring about the serious, systemic deterioration of the already
grave situation of freedom of expression online (see section IV (A) below).
III. Engagement with the international human rights system
22.
During its ninety-fourth session, the Committee on the Elimination of Racial
Discrimination considered the combined twentieth to twenty-third periodic reports of
Belarus (CERD/C/BLR/20-23), on 30 November and 1 December 2017. The Special
Rapporteur welcomes the engagement of Belarus with the Committee.
2
3
4
See www.svaboda.org/a/29193768.html (in Belarusian).
See https://rsf.org/en/news/belarus-media-law-could-get-even-more-repressive.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents