On November 23, 2005, Mr. Aleksander Lukashenko, President of the Republic of Belarus, submitted urgently to the Parliament some amendments to the Belarusian Criminal Code, adopted in December 1960. Two days later, these amendments were approved by 94 out of 110 deputies, with only one voting against. In order to be adopted, a second reading before the Upper Chamber is necessary, which should occur within ten days.
First of all, the new amendments introduce criminal sentences for the illegal organisation of activities by an association or a foundation, or participation in their actions (article 193-1). In particular, it stipulates that anyone who organises activities in the framework of a suspended or liquidated association may face a fine and be arrested up to six months in prison. In serious cases (for which there is no definition), one can be subjected to a “restriction of freedom” sentence for a period up to two years[1]. The Observatory fears that human rights defenders be particularly targeted by this new disposal, since most of independent human rights NGOs were liquidated during the past three years, and since reasons for liquidation were even broadened in the recent “Law on Public Association”, adopted in August 2005 (see below).
Moreover, any person who provides training or any other type of education aiming at participating in “mass activities”, or any person who funds such activities, may face a prison term up to six months, or be sentenced to a “restriction of freedom” sentence of three years (article 293). Also, any person who provides training or any other form of education, aiming at the participation in “group activities which seriously violate public order”, or any funding or other material assistance of such activity, may be sentenced to prison up to six months and to a “restriction of freedom” sentence up to two years (article 342). However, there is no precision on the definition neither of a “mass activity” nor of a “group activity”, and the Observatory fears that the vagueness of the terms may give the authorities a new opportunity to arbitrarily sanction members of independent organisations.
Furthermore, these amendments also provide very serious infringements to freedom of information. Indeed, the new amendments stipulate that “providing false information to a foreign State or international organisations, concerning the political, economical, military or international situation of the Republic of Belarus, as well as on the judicial situation of Belarusian citizens or any power instance”, is punishable by either a six-month prison term or a two-year ”restriction of freedom” sentence. The amendments also state that any person who would communicate with foreign States or international organisations, “to the detriment of internal security, sovereignty or territorial integrity”, as well as disseminate material with such content, could be sentenced to prison from six months to three years. If such information was distributed through mass media, the “perpetrators” could be sentenced from two to five years in detention. Again, the vagueness of the terms used may lead to arbitrariness.
Finally, the new provisions stipulate that “people suspected of terrorism or vandalism may be detained during ten days before being charged”.
Viasna and the Observatory are very preoccupied by these new amendments, which put at serious risk the very activities of independent human rights defenders in Belarus and constitute an additional tool for the authorities to crackdown on the independent civil society. In this regard, the Observatory recalls that the “Law on Public associations”, adopted on August 1, 2005, facilitates the suspension or liquidation of independent organisations by broadening the reasons for sanction against them. The law also strengthens the control of the authorities over NGOs, and creates new obstacles to the registration of organisations, as well as an increased takeover on their funding and activities.
These amendments constitute a blatant violation of international human rights instruments, in particular : the International Covenant on Civil and Political Rights, which states that “no one shall be subjected to arbitrary arrest or detention”(article 9-1); the Declaration on Human Rights Defenders, adopted by the United Nations General Assembly on December 9, 1998, which states that “for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right to communicate with non-governmental or international organisations” (article 5c) and everyone is free “to publish, impart or disseminate to other views, information and knowledge on all human rights and fundamental freedoms” (article 6b); and the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the Conference for Security and Cooperation in Europe (CSCE), which provides in its article 10-2 that “the participating States respect the rights of everyone, individually or in association with others, to study and discuss the observance of human rights and fundamental freedoms and to develop and discuss ideas for improved protection of human rights and better means for ensuring compliance with international human rights standards”.
The Observatory and Viasna call upon the Belarusian authorities to stop the adoption process of these amendments, to put an end to any kind of harassment against human rights organisations and their members, and to put Belarusian legislation in conformity with the provisions of the UN Declaration on Human Rights Defenders, and international standards relative to freedoms of association and expression.
For more information, please contact: FIDH: + 00 33 1 43 55 25 18 - OMCT: + 00 41 22 809 49 39
[1] Restriction of freedoms sentences means that people are sent to “work camps” either in villages where they are obliged to live, work and report to the police, or to closed work camps, sometimes in very strict and difficult conditions.