BELARUS: New amendments will further curtail
civil society rights
16 December - CIVICUS: World Alliance for Citizen Participation
joins Belarusian human rights centre Viasna, in expressing their concern
that recent amendments to the Belarusian criminal code will further
endanger civil society's freedoms of association, expression and assembly.
On 20 December urgent amendments to the Belarusian Criminal Code will
come into force which impose jail terms of up to two years for anyone
who facilitates or participates in group activities, works with unregistered
organisations, appeals for assistance from foreign governments and organisations,
or 'discredits' the Republic of Belarus in any way.
The vague wording of the amendments provides wide discretionary powers
to the authorities, allowing them to label legitimate civil society
activities as illegal attempts to discredit or harm the Belarusian state.
These amendments further constrain a civil society that has been under
attack by the government since 2003. In the last three years, almost
all critical non-governmental organisations (NGOs) in Belarus have been
systematically silenced by a series of repressive laws and regulations.
Registering a new NGO or legally obtaining foreign aid has become impossible.
Most human rights organisations are currently working as unregistered,
underground groups.
Some of the new amendments include:
- " The introduction of criminal sentences for the coordination
of activities by an association or a foundation which has been suspended
or liquidated (Article 193). Anyone who organises such activities
may face a fine and six months in prison. In vaguely defined "serious
cases," one can be subjected to a "restriction of freedom"
sentence for up to two years.
- " A regulation making "education or other forms of preparation"
for mass demonstrations, or financing such actions illegal, and punishable
by imprisonment for up to six months, or a 'restriction of freedom'
sentence of up to three years (Article 293). Training or preparation
of people for participation in group activities which "grossly
violate public order," as well as the financing or material support
of such activity, can also lead to a jail term of up to two years
(Article 342).
- " A new article on "discrediting the Republic of Belarus"
which punishes those who provide "false information" to
a foreign government or organisation, which is interpreted to misrepresent
the political, economic, social, military or international situation
of Belarus, its government agencies or the legal situation of its
citizens. Such actions are punishable by six months in jail, or a
"restriction of freedom" sentence of up to two years.
- " Punishments for any person who appeals to foreign states
or international organisations, "to the detriment of internal
security, sovereignty or territorial integrity", or disseminates
material with such a call. Those who issue such appeals could be sentenced
to prison for a period of six months to three years. If the information
was distributed through mass media, those responsible could face jail
terms from two to five years.
We fear the above amendments will further restrict the activities
of independent civil society in Belarus. We urge the government of Belarus
to:
1. Immediately repeal the new amendments, and refrain from introducing
any future regulations harmful to freedom of association, expression
and assembly in Belarus.
2. Review the restrictive registration and funding laws introduced
over the last three years, particularly the Law on Public Associations
adopted in August 2005, and repeal those articles which curtail the
activities of civil society.
3. Recognise the vital role that civil society and independent
media can play in ensuring a free and fair election in 2006, and work
to guarantee they are able to operate freely without undue restrictions.
For more information, contact CIVICUS at cswatch@civicus.org
or +27 11 833 5959; or Viasna at viasna@spring96.org.