MONITORING THE RIGHT TO FREE ASSEMBLY BELARUS 2019 #right2freeassembly Authors: Natallia Satsunkevich (Human Rights Center Viasna); Dmitry Chernyh (Belarusian Helsinki Committee); Nasta Loika (Human Constanta) Published in April 2020 The monitoring report was prepared as part of the ‘Monitoring the Right to Free Assembly’ regional project, managed by the European Center for Not-for-Profit Law Stichting (ECNL). The project is made possible by the International Center for Not-for-Profit Law (ICNL) through the Civic Space Initiative, financed by the Government of Sweden. The Government of Sweden does not necessarily share the opinions here within expressed. The authors bear the sole responsibility for the content. This publication was produced partially with the financial support of the European Union. Its contents are the sole responsibility of the authors and do not necessarily reflect the views of the European Union. Co-funded by the European Union Copyright © 2020 by the European Center for Not-for-Profit Law, Viasna, Belarusian Helsinki Committee, and Human Constanta. All rights reserved. (cover photo is provided by Controlby) Table of Contents Introduction ........................... 4 Administrative sanctions imposed for exercising the Legal Analysis ........................ 5 right to peaceful assembly .. 22 Number of Mass Events in 2019 .... 10 Monitoring Peaceful Peaceful Assemblies in 2019 .................................... 10 Assemblies ............................. 24 Impact of the Amendments to the Recommendations ................ 27 Legislation .................................... 12 To the Government of Belarus ...... 27 Location of the Mass Events ......... 12 To the local authorities ................. 27 Thematic Scope of Assemblies .... 13 To law enforcement agencies ...... 28 Size of Assemblies ........................ 15 To the international community ... 28 Survey of Assembly Organisers .... 16 The right to freedom of assembly of children and adolescents .......................... 18 Exercising the right to freedom of assembly during the election period ..................................... 20 Introduction Freedom of peaceful assembly, as one of the amount of fines imposed on protesters was most important human rights, is subject to about $60,000, and 12 activists were given a protection and maintenance by the state. combined total of 375 days of administrative Along with other civil and political rights, arrest. In every case, people were found it underlies a functioning and effective guilty of participating in unauthorised democratic system. The exercise of freedom assembly or in the implementation of calls of assembly in Belarus is severely limited, for participation. both at the legislative level and in practice. This issue has traditionally been a cause This report provides an analysis of the of concern of international human rights legal regulation of peaceful assemblies in institutions, as well as civil society. Belarus and an analysis of data on peaceful assemblies held in Belarus in 2019 based in In January 2019, amendments to the Law on part on the results of in-person monitoring mass events in the Republic of Belarus came of 21 peaceful assemblies and in part on into force, which also regulates freedom of data gathered from a range of other sources. assembly. Despite promises of liberalization The report also addresses issues of the by the authorities, the situation with freedom implementation of the right to freedom of assembly in Belarus has worsened in 2019. of assembly by children, administrative Some traditional protests took place in a prosecutions, and especially the conduct of modified format, while others were cancelled peaceful assembly during election campaigns. altogether. Separately, recommendations are provided for all stakeholders. The deteriorating situation was highlighted by the authorities’ response to a series of The report on freedom of peaceful assembly protests against a deeper integration with was prepared by a coalition of human rights Russia, which were held in December 2019 organizations and is aimed at a broad in various cities of Belarus. According to the audience, including government officials Human Rights Center ‘Viasna’, more than responsible for respecting this right. 202 trials took place in the country between December 2019 and February 20201. The total 1 http://spring96.org/be/news/96104 4 Legal Analysis On 26 January 2019 the Law of the Republic beginning and ending; an estimated number of Belarus No. 125-3 “On changes and of participants; surname, name, patronymic amendments to the law of the Republic of of the organizer(s); information on the use Belarus ‘On mass events in the Republic of of pyrotechnic products (type, quantity) and Belarus’” dated 17 June 2018 entered into open fire (if the mass event implies their force. Among others, the amendments usage); as well as measures to ensure public address the following issues: order and security during the mass event and measures related to medical care and cleaning Introduction of Article No. 9-1 into the Law the territory after the event. on mass events. This article establishes 1a notification procedure of organizing The Law also provides that local executive mass events in permanent locations that and administering body has to notify the are specifically prescribed for this purpose organizer(s) if the event in question is (before these changes were made, mass deemed impermissible and of the necessity to events could only be held after obtaining the stop the organization process, no later than permission of the local authority). At the five days before the date of the mass event in moment, the permanently assigned locations the following cases: where mass events may be held are set out by • If a prior notification about organizing local executive and administering bodies. An a mass event at the same time and analysis shows that these places are highly place has been submitted to the local inconvenient, located far from city centres executive and administering body by and infrastructures of local authorities another individual; and (parks, gardens, stadiums). • If the submitted notification does not In order to organize a mass event, it is comply with the legal requirements. required to submit a notification to the local executive and administrative body It is important to emphasize that if the no later than ten days before the proposed organizer of an assembly decides to hold it date of the event. The notification must in a place that is not designated as a location indicate the purpose, type, venue, source of for mass events; they must contact the local funding for the mass event; date, time of its executive committee and must submit an 5 application no later than 15 days before the The introduction of additional expected date of the mass event. requirement to be able to organize a 4mass event. Previously individuals were In addition, the law provides a longer list of proscribed from organizing mass events if grounds for prohibiting mass events, which they had been administratively charged with are conducted with the permission of the a violation of the procedure of organizing or local government, and not by notification. holding mass events within the previous year. So, according to Part 3 of Article 6 of the Law Now the organizers of mass events must not on mass events, the decision of the head of have any convictions that have not expunged the local executive and administrative body or expired for perpetrating offences against or his deputy on whether to give permission peace and security, crimes against public or to prohibit the holding of a mass event safety and order, morals or crimes against should take into account the date, place, the State order and the exercise of power and time of its holding, number of participants, management (Part 6 Article 4). weather conditions, payment for services the protection of public order provided by the The law also now prohibits an organizer internal affairs bodies, the costs associated of a mass event or other individuals to call with medical care, cleaning up the territory 5for the organization of the event publicly after a public event, and other circumstances, before formal permission has been issued. affecting public safety. The organizer of a The use of the mass media, the Internet mass event has to pay for services of the or other means to publicise the date, place public order police, medical services, and and time of an event is not allowed, nor is cleaning of the territory after the event is the production or dissemination of leaflets, over. posters and other materials (Part 2 Article 8). The introduction of a requirement The adopted amendments have improved the that journalists carry their personal Law on mass events to a very small degree. In 2identity documents as well as an official particular, the introduction of a notification identification as a journalist of a mass system, rather than a permissive model, for media registered in the Republic of Belarus organizing mass events in places that are or the document confirming accreditation permanently assigned for them might be of journalist of a foreign mass media in the considered as a positive step on the way to Republic of Belarus. Additionally, a journalist full implementation of the right to freedom has to wear a visible and distinguishing of assembly. However, the currently assigned sign of mass media representative (Part 5 places are often in remote locations and to Article10). meet