Campaign "Right to choose-2020"

Interim report No. 1 on the results of the first stage of the independent election observation campaign of the election of the President of the Republic of . May 25, 2020

The “Right to Choose-2020” campaign carries out long-term and short-term observation at all stages of the election campaign for the election of the President of the Republic of Belarus. Long-term monitoring is carried out by the campaign secretariat and its regional coordinators, as well as representatives of campaign member organizations. In total, four interim reports are expected appear, as well as the final report. This report is the first of the four and highlights the stage of formation of territorial election commissions (TECs), as well as the registration of initiative groups of candidates for the presidency.

Summary: In the run of 2020 election campaign, the Belarusian authorities have chosen again to resort to repressions and intimidation. The campaign started at the peak of the epidemic of coronavirus infection COVID-19, which creates additional threats to the health of the Belarusians and demotivates the citizens to participate in the political process. Of the 31 representatives nominated by opposition parties and movements, only 2 were included in the territorial election commissions, while almost all nominees were included among those nominated by pro- government organizations. For example, of the 150 people nominated by the Belarusian Republican Youth Union, 148 were included in the commissions. This indicates discrimination against the democratic opposition. Previous ODIHR's recommendations, including those related to the unbalanced composition of election commissions, restrictions on the rights of candidates, and insufficient guarantees of transparency of voting processes and vote counting, were ignored. The Central Elections Commission (CEC) introduces new rules that worsen election conditions.

Out of 55 initiative groups of the candidates only 15 were registered. Potential candidates for residency were subjected to repressive measures in the form of administrative arrest (Tikhanovsky), imposition of administrative fines and seizure of property (Kovalkova, Hubarevich). At present in Belarus pressure on independent journalists and bloggers continues. The announcement of the start of the election campaign coincided with mass arrests and trials of democratic activists, journalists and bloggers, and potential presidential candidates. This testifies of the discriminatory approach to the organisation of the elections, the absence of equal conditions and serious restrictions of citizens' rights.

The behaviour of the authorities at the first stage of the election campaign allows us to conclude that they intend to conduct the election campaign 2020 according to the standard scenario, without observing the international standards, without an open vote count and with pressure on the political opponents. A violent scenario of suppressing protests in August 2020 is very likely.

Main conclusions: 1. The next stage of the election campaign - the collection of signatures - will take place against the backdrop of the coronavirus pandemic, and not all applicants to become presidential candidates will be able to collect a sufficient number of signatures without using an administrative resource. 2. The CEC took sufficient care only of the security of the state officials, allowing them to minimize contacts with citizens, indicating the possibility of holding joint meetings of the presidiums of the Councils of Deputies and executive committees in the absence of observers (in violation of the Electoral Code). The CEC did not say

1 anything about all other participants in the organization of the electoral process, including for members of commissions. 3. Requirements to comply with the recommendations of the Ministry of Health on the prevention of coronavirus infection in relation to the members of initiative groups and observers are not supported by funding from the state budget. This may require the applicants to become presidential candidates to incur additional unforeseen expenses that are not directly related to the electoral processes, and if these recommendations are not followed, there is a threat that CEC will issue a warning to them and their initiative groups. Failure to comply with these recommendations by observers may result in deprivation of accreditation, which will also not be consistent with the Electoral Code. 4. “Right to Choose-2020” campaign insists on ensuring the conditions for conducting the campaign with the observance of the necessary safety measures are followed by all participants in the election process (full requirements of the “Right to Choose” campaign at https://pvby.org/be/news/obrashchenie-kampanii-pravo- vybora-k-organam-gosudarstvenoy-vlasti-belarusi ) 2. Since, in accordance with the law, the formation of territorial commissions is the prerogative of the local authorities, already at this stage of the election campaign, the authorities grossly violated the principle of equal rights of political parties and public associations, regardless of their political orientation, to participate in the organization and conduct of elections. 3. TECs were formed almost exclusively from the people, who are loyal to the authorities and are ready to fulfil any their order. The ability of the TECs to ensure transparency and democratic election procedures with such membership raises great doubts. 4. The non-stop discriminatory approach of the authorities in the formation of election commissions reduces the motivation for participation and nomination of representatives from democratic (opposition) parties and organizations to election commissions. 5. Despite the fact that the broadcasting and posting of video recordings of meetings of bodies that form the electoral commissions is not provided for by the Electoral Code, this has a positive effect on raising public awareness of the importance of election campaigns. The negative point is the ban on the presence at such meetings of the persons who are entitled to do so in accordance with the Electoral Code. 6. Of the 55 applications for registration of the initiative groups, the CEC decided to register only 15 groups. Non-registration of initiative groups in most cases was politically motivated and does not contribute to democratization.

The socio-political situation in Belarus on the eve of the elections The 2020 election campaign was launched in the context of the pandemic of the coronavirus infection COVID- 19, the protracted conflict with Russia and the relative improvement in relations with the European Union and the United States of America, the ongoing deterioration of the economic situation in the country amid falling prices for oil and potash fertilizers and the economic consequences of the pandemic (closed borders, quarantine measures on the main markets for Belarusian products and services, lower purchasing demand, etc.).

Assigning the dates and preparing for the election The election date (August 9, 2020) was announced at an unscheduled meeting of the House of Representatives of the National Assembly of the Republic of Belarus on May 8, 2020. Prior to this the CEC was preparing for the presidential election campaign in secret from the public. Moreover, not all decisions of the CEC are posted on the official website – the resolutions No. 1-6, 9, 11, 19-21 were not posted on the website and the content of these decisions is unknown.

Repressions and freedom of speech The start of the election campaign was preceded by reprisals against YouTube bloggers, their subscribers, journalists and human rights activists: bloggers Sergey Petrukhin and Alexander Kabanov (Brest), blogger Vladimir Neronsky (Slutsk), the author of the MozgON channel Vladimir Tsyganovich were detained. The police “hunted” blogger Sergey Tikhanovski (Gomel) for two days in order to make him serve the previously

2 assigned administrative arrest for taking part in the protests against integration with Russia held in in December 2019. His detention in Mogilev on May 6, 2020 caused a wave of protests throughout Belarus. In the period from May 6 to 13, about 120 Tikhanovsky’s supporters were detained. Media representatives were also subjected to repression: among the detainees were journalists Ales Burakov (permanent presenter of the Press center of “Right to choose” campaign), Mikhail Arshinsky, Ales Osiptsov, as well as journalists from the most popular Internet portal TUT.by and the newspaper “Komsomolskaya Pravda”. The detention of the journalists who covered the protests took place against the background of the ongoing criminal prosecution of the editor of the online resource “Ezhednevnik”, Sergei Satsuk: he was accused of receiving a bribe despite the fact that he is not an office-holder, and was arrested from March 25 to April 4.

Registration of the initiative groups of potential presidential candidates Of the 55 initiative groups of candidates, only 15 were registered. Repressive measures were taken against some candidates in the form of administrative arrest (Tikhanovsky), imposition of administrative fines and seizure of property (Olga Kovalkova, co-chair of the Belarusian Christian Democracy and Yuri Gubarevich, chairman of the “For Freedom" Movement).

Unlawful actions of the President Lukashenko said that he will combine his annual message to the Belarusian people with his election speech – if he does so, the campaign “The Right to Choose” would perceive it as unequal conditions for applicants for the country's top position.

Legal aspects Since the last election campaign for the election of deputies of the House of Representatives of the National Assembly (November 17, 2019), nothing has changed in the Belarusian election legislation. Previous ODIHR recommendations, including those related to unbalanced composition of election commissions, have not been taken into account. At the time the election campaign kick-off, there were 15 political registered parties, while the activities of not all registered parties comply with the Law on political parties. Thus, the Social Democratic Party of Popular Concord has organizational structures only in the Gomel region and the Minsk city organization, and the name of the party directly contradicts the requirements of Article 14 of that law. At the same time, among the participants in the “Right to Choose” campaign, Belarusian Christian Democracy Party and the Party of Freedom and Progress are still deprived of a legal status.

Epidemiological situation The first diagnosed case of COVID-19 infection in Belarus was registered on February 28, 2020, and during March a small number of new cases of infection per day were officially recorded (sometimes they were not recorded or data from the Ministry of Health was not announced). In April (according to official data), the situation with the spread of the virus has changed dramatically - a serious daily increase in registered cases of infection has begun and in May, the average increase is 925 cases per day. On May 6, the number reached 905 cases per day, and before the release of the report below this figure, daily growth rates did not fall, and the decision to call the elections was made on May 8, when the growth of the disease reached “a plateau”. However, there is no reason to trust official statistics. Mass media and medical workers repeatedly revealed facts of underestimation of morbidity statistics and information hiding. Unfortunately, the Belarusian authorities, led by the President, have not taken any significant measures to minimize the spread of the virus. The authorities took the exact opposite decisions to those recommended by the Belarusian doctors and WHO experts: the mass subbotnik was held on April 25, 2020, the parade on May 9, 2020. Mass sports, entertainment and religious events were not limited (striking examples are the Belarusian Football Championship, the President’s participation in the Easter service).

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Due to the pandemic, the CEC did not decide to invite international observers. The current election campaign may be the first in the history of the modern Belarus, when elections can be held in the absence of international observers, including observers from the OSCE / ODIHR.

The CEC decrees lack clear requirements to minimize the spread of the virus. There are only reference norms for recommendations of the Ministry of Health on the prevention of coronavirus infection (the use of masks, the disinfection of hands and objects with an antiseptic, etc.) for members of initiative groups when collecting signatures and observers at commission meetings and at polling stations. The CEC also decided that meetings of the bodies forming the commissions may be held in the absence of representatives of political parties, other public associations, labour collectives, citizens, the media and other invited persons, but at the same time a live broadcast or video recording should be provided these meetings on the Internet (Decision No. 13 of May 8 and No. 24 of May 15). This decision directly contradicts Article 34 of the Electoral Code of the Republic of Belarus. Meanwhile, the guidelines and manuals for members of election commissions at all levels do not contain any requirements or recommendations for the prevention of coronavirus infection.

Creation of territorial election commissions In Belarus, 153 territorial commissions have been created (6 regional and Minsk city commissions, 118 district commissions, 4 city commissions in cities without regional divisions, 24 regional commissions in cities).

Labour collectives, citizens by collecting signatures, as well as organizational structures of political parties and public associations of the appropriate level (regional structure only to regional commissions, regional - to district, etc.) have the right to nominate candidates to the TECs. In this regard, the participants in the “Right to Choose” campaign had a very limited opportunity to bring their nominated representatives to the TECs, as the Belarusian legislation has strict requirements for the creation and operation of organizational structures of political parties and public associations.

Deterioration of the electoral law. The rights of TEC members are quite limited. Meanwhile, the CEC with its explanations in the manual for the territorial commissions in chapter 3.1. “The rights and obligations of a member of a territorial commission” further reduces the rights of TEC members regarding familiarization with documents and materials of lower-level commissions: “A member of a territorial commission exercises its rights within the powers of the commission as a collegial body in accordance with its decisions and orders of the chairman of the commission. A member of the commission is not entitled to carry out actions on behalf of the commission, if he/she was not authorized by the commission or the chairman of the commission (in particular, he/she is not entitled to carry out checks of lower-level commissions, including their documentation, without appropriate authority).”

The member organisations of the “Right to Choose” campaign nominated 31 representatives to the territorial election commissions. The authorities included only two representatives in the commissions. Thus, in the territorial commissions, the number of the included people from our campaign is 6.5% of the nominated ones. On the fact of non-inclusion of representatives of organizations participating in the “Right to Choose” campaign in the TECs, complaints were filed with the courts of Mogilev, Minsk, Gomel region and the city of Minsk. The complaints were not satisfied, which indicates that the courts are an appendage of the executive branch, and not independent structures.

When analysing the inclusion of representatives of various political parties and public associations in the formation of territorial commissions, a discriminatory approach is seen in relation to democratic organisations (opposition). In 2020, the situation looks worse compared to the result of the formation of commissions at the last election campaign for the presidential elections in Belarus in 2015.

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Name of political parties, TECs in 2015 TECs in 2020 non-governmental Nomin Nomin organisations ations Included Included, % ations Included Included, % Belarusian Social- Democratic Party (Hramada) 3 1 33,33% 16 1 6,25% (opposition) Belarusian Socialist Sporting 4 2 50,00% 1 1 100,00% Party Communist Party of Belarus 107 94 87,85% 95 92 96,84%

Liberal-democratic party 11 4 36,36% 7 6 85,71%

United Civil Party 10 3 30,00% 3 0 0,00% (opposition) BPF Party (opposition) 11 2 18,18% 6 1 16,67% Republican Party 1 0 0,00% Republican Party of Labour 56 39 69,64% 45 45 100,00% and Justice Social Democratic Party of 6* 6* 100,00% Popular Concord Belaya Rus 162 146 90,12% 150 147 98,00% Belarusian Republican Youth 148 130 87,84% 150 148 98,67% Union Belarusian Women’s Union 125 119 95,20% 132 130 98,48% Belarusian Peace Fund No data 99 96 96,97% Belarusian Public Union of 127 107 84,25% 126 122 96,83% Veterans Trade Unions 287 241 83,97% 332 324 97,59% Other NGOs 199 168 84,42% 139 128 92,09% * - all in Gomel region

Traditionally, there is a bias in including representatives from opposition and pro-government organisations in the commission. The ratio of representatives of organisations included in territorial commissions to the number of nominated ones is: - for pro-government organizations - more than 97% - for opposition parties - less than 17% The meetings of the bodies that formed the territorial commissions took place both openly and behind closed doors with the broadcast or publication of the video recording of the meeting on the Internet. There are cases when the meeting record is not saved during the broadcast or the posted meeting record was deleted some time after its publication. However, it cannot be argued that the published videos (in the absence of live broadcasts) were not edited before being published.

Registration of initiative groups The authorities took preventive measures to reduce the number of initiative groups to collect signatures. On January 10, the court sentenced the popular YouTube blogger for participating in the rallies for independence to 15 days of administrative arrest, but he was not sent to serve his sentence, but released. According to the law, the authorities could send Tikhanovsky to serve their arrest at any time during the year, and they chose the period of registration of initiative groups to prevent Tikhanovsky from participating in the presidential race.

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Pressure was also exerted on the leaders of the organizations participating in the “Right to Choose” campaign, which lay claim to the presidency. The car of the chairman of the Movement “For Freedom” was banned from alienation at the expense of a fine for participating in the rallies for independence. All property of the co-chair of the Belarusian Christian Democrats Volha Kavalkova has been seized, accounts have been blocked (including mobile phones), travel abroad and the right to drive a car for non-payment of a fine are limited for the same reason. On the same occasion, similar measures can be applied to the head of the United Civil Party, Nikolai Kozlov, despite the fact that they already withhold part of the pension to pay fines. A total of 55 people wished to register their initiative groups to collect signatures on the nomination for presidential candidates. The candidates had only 7 days to form initiative groups. As a result, the CEC issued certificates to only 15 initiative groups. (see http://rec.gov.by/sites/default/files/pdf/2020/in_gr.pdf). With regard to 40 applicants, the CEC decided to refuse to register their initiative groups. The majority of applicants were denied registration of initiative groups due to a violation of the principle of “voluntariness”: the CEC and local executive authorities called up people who were included in the lists of initiative groups, and some people could not name the applicants to whom they agreed to be included in group. Despite the fact that the Electoral Code authorizes the CEC to conduct checks, the code does not contain a norm that allows refusing to register an initiative group for reasons that were voiced by the CEC. An interesting fact is that such a check was not carried out for all applicants - there is no information about a similar check of the lists of the initiative group of the incumbent President A. Lukashenko, although began messages to appear post-factum on social networks that people were included into his initiative group without their consent. When registering initiative groups, some applicants did not fulfil all the requirements of the Electoral Code: some applicants on the lists of initiative groups did not have the details provided for in Article 61 of the Electoral Code. V.V. Zelkovsky, who filed an initiative group in the amount of one person and used to filing an application electronic document form. The number of applicants for the presidency and the composition of the initiative groups of alternative candidates indicates an increase in the political and civic activism of society. To minimize the consequences of this process, the authorities, together with the CEC, made a political decision to limit the ability of opponents of the government to show society an alternative to the current government. There has not been such a massive “unregistration” of initiative groups in the history of Belarus. Election year Number of applications for initiative Number of registered initiative groups groups registration 2001 26 22 2006 8 8 2010 19 17 2015 14 8 2020 55 15

“Right to Choose” Campaign

Currently "Right to choose” campaign unites eight political and civic forces: Belarusian Christian Democracy Party (BCD), Belarusian People’s Front (BPF), Belarusian Social-Democratic Party "Hramada” (BSDP), "For Freedom” Movement, United Civil Party (UCP), Belarusian Green Party, Party of Freedom and Progress (PFP), Belarusian Trade Union of Radio-Electronic Industry (REP).

The campaign has been conducting long-term and short-term monitoring since 2008 and works closely with the OSCE / ODIHR and other human rights organizations.

All information on long-term and short-term monitoring is available on the Right to Choose website: https://pvby.org/, [email protected] on our social media pages:https://www.facebook.com/pravavybaru/ https://twitter.com/election_by

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