International Observatory Mission Reports of Crackdown on Human Rights Defenders in Belarus :: Charter'97 :: News

The international mission of inquiry mandated by the Observatory for the Protection of Human Rights Defenders (a joint programme of the FIDH and the OMCT) that went to Belarus from the 14th to the 21st of July 2001, established the existence of serious obstacles to the freedom of association. The mission noticed violations concerning legislation, judiciary and administrative systems, and violations committed by the police.

The establishment of NGOs is governed by measures specially constraining. Indeed, in accordance with the decree dated the 26th of January 1999, even NGOs that have already been officially registered have to register again with the authorities. To apply for re-registration, NGOs must supply a certificate issued by local authorities and mentioning the address of the organization’s headquarters and local branches. To get this certificate, NGOs have to pass trough numerous administrative obstacles. As the premises that are available belong in majority to public institutions or enterprises, the authorities use these provisions to rise arbitrarily the rent of the offices occupied by NGOs.

The funding of the associations is governed by the presidential decree n° 8, dated the 12th march 2001, that establish the requirements for receiving free financial assistance from foreign countries. This decree states that aid from foreign countries can not be used for propaganda, or organization of public events (marches, meetings, seminary, etc…) of political or social nature.

The organization of meetings and demonstrations are governed by the decree n° 11, dated 7 May 2001, that establish rules particularly constraining concerning the place, the date and the previous modalities of the event. Peaceful demonstrations are regularly dispersed with violence, and the demonstrators are subjected to ill-treatment by the police. Inquiries set up after complaints made by these victims don’t end up. On the contrary, it is frequent that demonstrators and organizers are prosecuted for “hooliganism”.

It is difficult to seek, obtain and publish information about human rights and liberties. The arbitrary detention of Yuri Bandazhevsky, an internationally recognized scientist specialized in the medical research on nuclear radioactivity is a speaking example. M Bandazhevsky, the rector of the Medical Institute of Gomel (the second town in the country) has been charged with bribery and condemned, on June 18, 2001, to eight years of detention under very strict conditions. He was accused of receiving large sums of money from the parents of his students in the Institute. The vice-rector, the main witness for the prosecution, has refuted his deposition during the process. Many experts, including those commissioned by the OSCE, concluded that M. Bandazhevsky’s right to a fair trial has been violated. It is notorious that he has revealed during his research, the harmful effects of the Chernobyl disaster on the health of the Belarussian population. These statements are in contradiction with the official thesis spread by the authorities. Furthermore, M. Bandazhevsky has criticized the misappropriation, in the Ministry of Health, of funds that were dedicated to the research on this field.

NGOs, trade-unions and media are subjected to different kinds of harassment and intimidation: material is stolen and telephones are tapped. In May 2001, the office of the Association for Legal Assistance to the Population in Minsk have been burglarized and computers containing confidential files were stolen. During the night of July 7 to July 8, the hard discs of the computers belonging to the Belarusian Helsinki Committee (in Minsk) were stolen, including the ones who contained the list of the independent observers that will follow the next presidential elections. Moreover, “embarrassing” NGOs are systematically and arbitrarily subjected to tax inspections.

Trade unions are one of the main target of the repression undertaken by Belarussian authorities: attempt of infiltration in independent trade unions, registration procedures particularly constraining, creation of trade unions controlled by the Presidential Administration, and pressure put on employees.

The numerous obstacles to human rights defenders’ activities are part of a deliberate strategy from the authorities to control and neutralize independent NGOs, trade unions and media.

These violations come within a political frame particularly tense with the coming of the presidential elections in September 2001.

These facts are a flagrant violation of the freedom of association, of meeting, of demonstration and of expression. These rights are guaranteed by the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights –ratified by Belarus-, the Declaration on Human Rights Defenders, and the Convention n° 87 of the ILO concerning freedom of association and protection of the right to organize – that is too ratified by Belarus.

The Observatory calls the highest authorities of Belarus for repealing the decrees that are contrary to the principles and standards applicable, in conformity with their international and regional commitments. The Observatory calls the Republic of Belarus for ending all kind of harassment and reprisals taken against human rights defenders, so that they can individually or in association with others, promote the protection and realization of human rights.

Paris, Geneva, 6th August 2001