PolicyBrief Policy Brief | 07.2017 The condition of NGOs and civil society in Belarus Veranika Laputska (in cooperation with Łukasz Wenerski) History and legal background various ages and social statuses, fell under this umbrella. This form of organization – a When in 1991 Belarus gained its “public association” – is still the most independence from the USSR, Belarusian popular type of a civil society organization civil society could be characterized as in Belarus. typical for a post-Soviet third sector. On the one hand, a large number of public On the other hand, some organizations associations had existed since Soviet originated from “informal” groups dating times, but they were in fact closely back to samizdat activities but later associated with the state and the established their associations, thanks to Communist Party, rather than with the the years of perestroika and glasnost. They population. This group comprised either were devoted to the revival of Belarusian pro-government or state-founded national traditions, culture and memory. organizations whose aim was to control Such organizations enjoyed prosperity and and influence state ideology, morality, and gained real popularity during the first years the upbringing and education of a of Belarus’s independence in the early maximum amount of Soviet citizens. To a years of the 1990s, whereas the first group great extent, practically all “public was facing an ideological crisis as the associations,” including those which communist ideology which used to unite operate in sports, culture and education and support them did not exist anymore. and involve the participation of people of NGOs and civil society in Belarus | page 2 The situation changed after the first Presidential Decree No. 2 of 16 January Belarusian president, Aliaksandr 1999 banned all organizations not Lukashenka, was elected in 1994. registered by the government. Later this Gradually acquiring more and more power ban was introduced to the Law “On Political and striving to obtain personal control over Parties” and the law “On Public public, political and social life, Lukashenka Associations” together with administrative used the entire range of instruments at his penalties for the violation of these laws disposal to achieve his goals. Among them ranging from a fine to arrest for up to fifteen were the elimination of his political days. Two other amendments of the opponents, changing the constitution and Criminal Code of Belarus made operating external policy priorities through state on behalf of an unregistered organization referendums, openly criticizing foreign or political party even more risky. On 15 states and their official representatives, and December 2005, Article 193.1 entitled expanding his personal authority over mass “Illegal Organization of a Public media, education and civil society Association, a Religious Organization or a organizations. Fund, or Participation in Their Activities” was enacted. It proscribed punishments of As early as 1996, the Open Society a fine or imprisonment for up to two years Foundation, which had been supporting for activities in any non-registered many third-sector and educational organization, fund or political party. In initiatives in Belarus, was expelled from the addition, Part 2 was added to Article 193 of country. This was followed by demands the Criminal Code, envisaging up to three that several other donor organizations years of imprisonment if activities that cease to exist. At the same time, the violate citizens’ rights were carried out by a Belarusian authorities made use of another non-registered party or association. powerful instrument – Belarusian legislation –which after the formation of a new Periods of oppression over Belarusian civil parliament loyal to the Belarusian president society are, to a great extent, cyclic and was accountable solely to the chief of state. usually coincide with Lukashenka’s struggles with his political rivals. This The state body which is responsible for the becomes apparent when one takes into registration of non-governmental consideration the years of his harshest organizations and political parties in struggles with the political opposition which Belarus is the Ministry of Justice and the typically take place just before and after chief directorates of justice at the oblast presidential elections in Belarus. For executive committees and Minsk. The instance, the 1999 amendment to the National Department for Religious Affairs is Criminal Code took place in the year when responsible for the registration of religious the last major politically motivated anti- organizations. Not only were they more governmental demonstrations took place. reluctant to register new organizations and political parties, they also amended key At the time, the opposition political parties, laws regulating the activities of Belarusian quite strong and enjoying popular support, NGOs. Thus, the once progressive Law tried to organize presidential elections, “On Public Associations” of 1994 was undermining the results of a constitutional amended in 1999 and 2005, gradually referendum of 1996 which renewed the limiting the scope of NGOs’ ability to presidential term of the incumbent in 1996 function in the country. as opposed to 1994, when he was elected. The amendment of 2005, in turn, was NGOs and civil society in Belarus | page 3 adopted a year before the 2006 abroad or set up bank accounts in presidential elections, when civil society European banks. This enables them to associations traditionally exert efforts to continue their activities, as the Belarusian encourage participation, often as partners society is afraid to provide open financial of political parties. support to the majority of NGOs for fear of being persecuted by the authorities who, in In line with this timeline, many non- turn, do not hide their views and often call governmental organizations were liquidated Belarusian civil society the “fifth column” in or suppressed, even though many of them the public mass-media. do not necessarily carry out any political activities. One of the most notorious recent Belarusian civil society and NGOs cases took place in 2011 during the period from 2015 to today of another wave of suppression imposed After the last crackdown in 2011, the on Belarusian civil society after particularly Belarusian civil society has gradually rebuilt numerous anti-government demonstrations its structures. In the meantime, a new in the aftermath of the 2010 presidential restrictive Law “On Non-Profit elections. Aliaksandr Lukashenka won yet Organizations” was drafted. Additionally, by again, despite the fact that the elections the beginning of the last phase of the were not recognized as integral, fair and October 2015 presidential campaign, all transparent by the OSCE and partner major political prisoners were released. European organizations which had come for election observation. Having arrested Although a strategy of registering as few seven out of the nine presidential political parties as possible (in practice candidates, the Belarusian president also none since 2000) was still in place, the imposed severe measures over Belarusian Belarusian authorities have been gradually political parties and NGOs. Ales Bialiatski, increasing the registration of public the head of one of the most famous human associations and funds (see Table 1 and rights organizations – “Viasna” – was Table 2). arrested in August 2011 and spent almost Table 1. Dynamics of the Number Public three years in jail after the Belarusian Associations Growth in Belarus Ministry of Justice received information Number of newly Total amount of from colleagues in Lithuania and Poland registered registered public associations public associations confirming the receipt of foreign funds (based on results of in Belarus as of the without their declaration or taxation in the preceding year) specified date October 12, 2003 94 2,248 Belarus. January 1, 2004 155 2,214 January 1, 2005 61 2,259 The Bialiatski case throws light on an January 1, 2006 85 2,247 January 1, 2007 100 2,248 important peculiarity regarding the January 1, 2008 94 2,255 functioning of civil society organizations in January 1, 2009 - 2,221 January 1, 2010 94 2,225 Belarus. Due to Belarusian legislative January 1, 2011 134 2,325 restrictions, public associations and January 1, 2012 118 2,402 January 1, 2013 111 2,477 political parties are prohibited from January 1, 2014 70 2,521 receiving financial support from abroad. January 1, 2015 86 2,596 January 1, 2016 106 2,665 This, as well as other provisions introduced January 1, 2017 116 2,731 by presidential decree that were aimed at Source: Legal Transformation Center / Assembly of Pro-Democratic NGOs. Freedom of Association and restricting the ability of Belarusian civil Legal Conditions for Non-Commercial Organizations society to function forced many in Belarus. Available at: http://belngo.info/2017.freedom-of-association- organizations to move their activities 2016.html. Accessed on 15.05.2017. NGOs and civil society in Belarus | page 4 Table 2. Dynamics of the Foundations • Funds are non-governmental Growth in Belarus organizations founded by citizen(s) and Number of newly Total amount of (or) legal persons without membership registered registered foundations foundations in requirements on the basis of voluntary (based on results of Belarus as of the property contributions and pursuing the preceding year) specified date January 1, 2008 9 64 charitable, social, educational goals, January