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First National Human Rights Plan of Belarus

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First National Human Rights Plan of Belarus COUNTRY RE PORT Konrad-Adenauer-Stiftung e.V. BELARUS OFFICE DR. WOLFGANG SENDER December 2016 First national Human Rights plan Links A breakthrough for Human Rights in Belarus? www.kas.de/belarus www.twitter.com/kas_belarus On October 24th 2016, the Republic of ticism, as well. Above all, the United Na- Belarus adopted its first national human tions Special Rapporteur criticized the sys- rights plan. It contains 100 measures to tematic repression of human rights and ac- improve the human rights situation in the cused the government of Belarus of esche- country. Even though the plan doesn’t wing cooperation with the United Nations on address various important concerns for those matters – due to a lack of political in- human rights in the country, it increases tent. the attention towards human rights issues within the government of Belarus. For several months now, Minsk has under- taken measures that overtly aim at reducing For over 20 years, the tense human rights the criticism of the human rights situation situation in Belarus has been a main and the limited political liberties in the hindrance to the improvement of relations- country: In August 2015, president Alexan- hips between Minsk and the West. Belarus der Lukashenko released all political priso- is the last European country to still apply ners still in jail and improved – if only the death penalty. This year, it has already slightly – the general framework for the been applied once and four more convicts presidential elections in October 2015 and are currently waiting for execution. Beyond the parliamentary elections in September that, Belarus has been repeatedly criticized 2016. In July 2015, Minsk resumed the hu- for the recurring situation regarding civil man rights dialog with the European Union. liberties: Freedom of speech is restricted in many areas and dissidents only have a li- The Human Rights Plan mited range of action. In the past, some human rights activists or dissidents have The Belarusian Council of Ministers appro- been sentenced to long-term imprisonment. ved the human rights plan on October 24th Hence, the improvement of the human 2016 and in doing so, continued the efforts rights situation in Belarus is an important in improving relationships and openly pur- condition to the EU and its member nations sues the objective to not only improve the for further improvement of relationships outside perception of Belarus, but also to with Belarus. raise the importance of human rights issues within the governance apparatus. The plan In his most recent review, the United Na- consists of three parts: An act by the Coun- tions Special Rapporteur on the situation of cil of Ministers, the actual text with a justifi- human rights in Belarus explicitly criticized cation and a statement of purpose, as well deficits in the registration of public orga- as a list of measures and distribution of nizations, human rights violations, the elec- competences for the implication of the mea- tions, and the police force and judiciary sures. All measures intended for the period branch, among others. Beyond that, the si- of implementation between 2016 and 2019 tuation of disabled persons was considered provide for more or less concrete objectives lacking, violence in families, as well as vio- and name the government institutions lence towards children, and the discrimina- responsible for their implementation. tion of sexual minorities were subject to cri- 2 Konrad-Adenauer-Stiftung e.V. With regards to the death penalty, the Bela- are obliged to report annually to the Mi- rusian Ministry of Foreign Affairs is obligated nistry of Foreign Affairs, which concentrates BELARUS OFFICE to initially investigate international experi- the results into a report to the Council of DR. WOLFGANG SENDER ences regarding the application of the death Ministers. penalty and the public opinion regarding the December 2016 matter (measure 36 of the human rights Evaluation plan). Other measures address issues from Links the implementation of the UN Convention The point in time of the passage within an www.kas.de/belarus on the Rights of Persons with Disabilities environment of continuously improving rela- www.twitter.com/kas_belarus (measure 7) to measures strengthening the tionships, as well as the competence of the family and its standing (measure 48). The plan, the breadth of the authorities invol- clear emphasis of the plan lies in this and ved, and the scope and process, reflect that other social rights. this is one of the most serious undertakings by the government to put the human rights However, proposed changes in the area of situation on the domestic agenda in over 20 political rights and civil liberties fall distinc- years. In doing so, the Ministry of Foreign tively short in the plan. At least, some Affairs is not only one of the most assertive proposals are envisioned to manage the in Belarus, Foreign Minister Vladimir Makei domestically restrictive Ministry of Informa- also has President Lukashenko’s trust as the tion. The scope of its activities lies in, former director of the Administration of the among other things, the execution of perio- President and is considered an assertive and dical international actions to secure freedom influential political manager. The Foreign of speech (measures 54-55), as well as the Ministry being in charge also hints at the improvement of the freedom of speech and objective of strengthening Belarus’ percep- training of journalists (measure 58). Regar- tion abroad as an equal nation and to im- ding freedom of assembly, the authorities prove the country’s image abroad. With in- will first evaluate international experiences ternational attention coming shortly, due to regarding to whether they are suitable for events such as the takeover of the chair- application in the national practice (measure manship of the Central European Initiative 56). In order to complete suffrage, a further in 2017 or hosting the European Games in cooperation with the OSCE is envisioned 2019, those activities clearly ought to take (measure 57). All other political rights and place in Belarus in light of a favorable hu- civil liberties are thus, as far as civil society man rights evaluation. Without a doubt, im- actors are involved in the implementation provements to the human rights situation process, to be addressed within measures 9 remain a precondition for greater economic through 11, that specify the collaboration of involvement of the West in Belarus and the Belarus with the UN Committee for Human lifting of all remaining sanctions. Rights with regards to individual concerns, where applicable. This provides a base for Public Evaluations in Belarus civil society actors and the opposition to keep political rights and civil liberties on the The human rights plan was evaluated diffe- agenda. rently by Belarusian human rights agents. Advocates from the human rights center The human rights plan assigns these tasks “Viasna” stated that the fact that such a to government agencies, which are to be plan was passed, is to be considered positi- considered significantly less internationally ve in itself. Society can profit from such a oriented and more focused on the domestic plan, even in the case that only parts of it situation, than the Ministry of Foreign Affa- are implemented. In turn, representatives irs that is in charge of the plan, as well as of the Belarusian Helsinki Committee were the Ministry of Education, the Ministry of doubtful, whether the passed plan will lead Information, the Central Election Commissi- to significant improvements of the human on, or the Ministry of Internal Affairs. Even rights situation in Belarus. The plan was municipal and regional level administrations worded too non-specifically and rather ai- will be involved. All participating institutions med at state authorities. As a matter of that 3 Konrad-Adenauer-Stiftung e.V. fact, several parts of the plan state “evalua- through in the human rights situation will te the adequacy”, “study international expe- only occur when the death penalty – as a BELARUS OFFICE riences”, “complete measures”, or “to delve central symbol for the respect of human DR. WOLFGANG SENDER into the matter”. The circumstance that no rights in Belarus – will be abolished or at resolution was passed on the foundation of least suspended and legislation in several December 2016 a national Institute for Human Rights but fields changes in favor of human rights and that this was to be discussed (measure 4), civil liberties. Links was also criticized. Similar opinions were www.kas.de/belarus voiced regarding the possible nomination of Sources www.twitter.com/kas_belarus an advisor to the United Nations High Commissioner for Human Rights in Belarus • Report of the Special Rapporteur (measure 19). In this case, nothing is cur- on the situation of human rights in rently being implemented, but only further Belarus of 21.04.2016 discussed within the Belarusian govern- ment, as well. Belarusian human rights ad- • Decision No. 860 of the Council of vocates also criticized that numerous sug- Ministers of 24.10.2016 gestions by international actors, as well as by national human rights organizations we- • Report of tut.by 16.10.2016 ren’t taken into account in the plan. Furthermore, civil society actors request • Report of Naviny.by 06.11.2016 stronger involvement in the implementation of the plan. • Report of tut.by 16.10.2016 Conclusion With the passage of its first human rights plan, the Republic of Belarus counters pre- vious long-standing criticism by the United Nations Special Rapporteur on human rights and demonstrates for the first time, that the political intent to at least engage with mat- ters of human rights exists; assigning a multitude of state agencies with concrete projects and more or less defined objecti- ves. In any case, an important achievement of the first human rights plan of the Re- public of Belarus is that it introduces human rights issues to the breadth of government institutions, even if few measures address civil liberties.
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