A/HRC/38/51
media outlets: the Sovetskaya Belorussiya/Belarus Segodnya newspaper, the national
television and radio broadcasting company and the Stolichnoe Televidenie television
channel, which is now headed by the former First Deputy Minister for Information. In a
similar attempt to control public opinion prior to the poll, a candidate of the Belarusian
Christian Democracy party was excluded from standing for office for having distributed
material during a gathering in the context of the campaign. 15
B.
Freedom of association
45.
The authorities of Belarus consider that the exercise of the freedom of association
constitutes a potential threat to the “stability” of the country and have, therefore, created a
politically guided bureaucratic system to register any entity. The right to create associations
is recognized under article 36 of the Constitution. The establishment and activities of civil
society associations are, however, restricted by the provisions of article 7 of the Civil
Society Associations Act, on the grounds of protecting the State against propaganda
inciting war or extremism and against the activities of unregistered civil society
associations. By arbitrarily equating the activities of unregistered non-governmental
organizations (NGOs) with propaganda inciting war and extremism, the Ministry of Justice
can severely restrict the actual exercise of the freedom of association.
46.
The Special Rapporteur and other mechanisms have repeatedly identified legal
restrictions and State practices that are contrary to the provisions of the International
Covenant on Civil and Political Rights pertaining to the freedom of association. In
particular, the registration process is so cumbersome that it discourages NGOs from
resubmitting their applications, giving rise to a worrisome trend. While the number of
registered associations is allegedly on the rise (see CCPR/C/BLR/5, p. 362), the Special
Rapporteur is not aware of any new registrations of human rights-related organizations or
political parties.
47.
The fate of unregistered organizations (the number of which is falling only because
they give up attempts to register due to the hostile process involved) has long been a subject
of human rights recommendations. Under article 193-1 of the Criminal Code, any activity
undertaken by or in connection with an unregistered entity is punishable by up to two years’
imprisonment. The mere presence of that provision in the Criminal Code, which, according
to the Government has not been used for many years (ibid, para. 369), deters attempts to
conduct unauthorized activities. De jure criminalization may be arbitrarily turned into de
facto criminalization at any time.
48.
The Belarusian Christian Democracy party submitted its seventh application for
registration to the Ministry of Justice on 22 January 2018, and on 6 April was again refused
registration, based, as usual, on shortcomings relating to the registration data. The party
filed a complaint with the Supreme Court on 27 April. 16 The Special Rapporteur is
concerned about allegations of threats, made since February 2018, against local members of
the party to force them withdraw their names from the application.17
49.
On 11 October 2017, the Social Christian Movement was refused registration for the
second time, again over issues regarding the application that could have easily been
resolved.
C.
Freedom of peaceful assembly
50.
With the severe handling of the March 2017 demonstrations, the authorities renewed
their violent repression of peaceful public gatherings. Such an approach was again used, to
15
16
17
8
See https://belapan.by/archive/2018/02/13/942571/ (in Russian).
See http://bchd.info/14065-ministerstva-yustycyi-belarusi-admovila-u-registracyi-bhd.html (in
Belarusian).
See http://spring96.org/en/news/89314.
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