BELARUS

Section 201 of the FREEDOM Support Act amended Section 498A of the Foreign Assistance Act of 1961 to require that the President "take into account not only relative need but also the extent to which that independent state is acting to:"

Section 498A(a)(1): "make significant progress toward, and is committed to the comprehensive implementation of a democratic system based on principles of the rule of law, individual freedoms, and representative government determined by free and fair elections."

Belarus has an authoritarian regime in which nearly all power is concentrated in the hands of the President and a small circle of advisors. After his election in July 1994 to a five-year term as the country’s first president, Aleksandr Lukashenko consolidated power steadily in the executive branch. He used a November 1996 referendum to amend the 1994 Constitution in order to broaden his powers and extend his term in office. Lukashenko ignored the then Constitutional Court’s ruling that the Constitution could not be amended by referendum. As a result, the current political system is based on the 1996 Constitution, which was adopted in an unconstitutional manner. Most members of the international community reject that flawed referendum and do not recognize the legitimacy of the 1996 Constitution, or the bicameral legislature that it introduced.

Parliamentary elections took place in October 2000, the first since the 1996 referendum. The Organization for Security and Cooperation in Europe (OSCE)/Office of Democratic Institutions and Human Rights (ODIHR) concluded that the elections fell short of international standards and were neither free nor fair. Lukashenko renewed his term of office in Presidential elections held on September 9, 2001. OSCE/ODIHR concluded that the election process failed to meet OSCE criteria for free, fair, transparent and accountable democratic elections.

OSCE/ODIHR said parliamentary elections held October 17, 2004 also fell significantly short of international standards. A simultaneous referendum on eliminating presidential term limits was conducted with little regard for democratic norms. Independent exit polling showed results far different than the broad victories for the referendum and Lukashenko-backed candidates announced by the authorities. Although the amended Constitution provides for a formal separation of powers, the President dominates all branches of government. The Constitution limits the legislature to meeting twice a year for no more than a total of 170 days. Presidential decrees made when the legislature is out of session have the force of law, except–in theory—in those cases restricted by the 1996 Constitution. The 1996 Constitution also allows the President to issue decrees having the force of law in circumstances of "specific necessity and urgency," a provision that Lukashenko has interpreted broadly. The judiciary is not independent.

Section 498A(a)(2): "make significant progress in, and is committed to the comprehensive implementation of, economic reform based on market principles, private ownership, and integration into the world economy, including implementation of the legal and policy frameworks necessary for such reform (including protection of intellectual property and respect for contracts)."

Despite some limited improvement, Belarus still has one of the most state-dominated economies in the former Soviet Union. The private sector share of GDP is only some 20 percent. Both the banking and manufacturing sectors are still government-controlled. Price liberalization is incomplete. The Government sets wages. The exchange rate regime has begun to show signs of strain. According to the Belarusian Government statistics, real GDP growth was 6.8 percent in 2003. (The IMF estimates the Belarusian method for calculating GDP overstates the GDP growth figure by 1.5 percentage points compared with estimates made using international methods.) Inflation remained the highest in the region despite a modest decline to 18 percent in early 2004. Despite inflationary pressures, the Belarusian Government chose to loosen fiscal and monetary policies, and finally withdrew its request for an IMF Stand-By Arrangement due to longstanding disagreements with Fund staff over macroeconomic policies.

The Government of Belarus does not maintain a policy of support for a market economy; indeed, it continues to harass the limited private business that is able to operate. The privatization that exists has been limited to small enterprises and mostly benefited a small elite. The Government has made no movement in key areas such as structural reform and elimination of the "golden share," in which the Government retains veto power over decisions of privatized enterprises. Business laws are often misinterpreted or arbitrarily enforced. New decrees and laws often enter into force without prior notice and are sometimes applied retroactively. Governmental agencies interfere excessively in business operations, and often abuse ownership rights. Belarus has applied for WTO membership but has made little tangible progress toward meeting the requirements of WTO accession beyond initial application. Belarus is a member of the IMF, World Bank, and European Bank for Reconstruction and Development (EBRD). However, citing limited progress in the Belarusian authorities’ commitment to, and application of, principles of multi-party democracy, pluralism, and market economics, the EBRD restricts its programs in Belarus to financing of private sector projects.

A 1993 trade agreement between Belarus and the United States provides for reciprocal Normal Trade Relations (formerly MFN) benefits and contains intellectual property rights provisions. Continued provisions of NTR benefits is conditioned on receipt of a waiver – that was extended for an additional 12-month period on June 3, 2004 – under the Jackson-Vanik Amendment of the Trade Act of 1974, as amended. Belarus has remained since 1999 on the Special 301 Watch List, which identifies countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual copyright protection, due to failure to comply with several of the intellectual property rights provisions in the trade agreement, to remedy deficiencies in its intellectual property rights regime, and to adequately enforce existing legislation. A Bilateral Investment Treaty (BIT) was ratified by the Belarusian Parliament in October 1995 and received U.S. Senate approval in June 1996. But as the political situation deteriorated in late 1996, the United States decided to delay entry into force of the BIT indefinitely pending improvement of the political and economic climate.

In 1997, the Overseas Private Investment Corporation (OPIC) paid its first claim in the NIS in Belarus. OPIC has engaged unsuccessfully in efforts to obtain compensation from the Government of Belarus after paying the expropriation claim of a U.S. investor in a defense-conversion joint venture in Belarus. Shortly thereafter, OPIC suspended underwriting insurance in Belarus. All OPIC’s programs are now suspended because of an adverse labor rights determination made by the USG. Export-Import Bank (EXIM) and Trade and Development Agency (TDA) activity in Belarus remain suspended due to the poor investment and political climate.

Section 498A(a)(3): "respect internationally recognized human rights, including the rights of minorities and the rights to freedom of religion and emigration."

The Belarusian Government’s very poor human rights record further deteriorated in 2004. Restrictions on freedoms of speech, press and peaceful assembly continued, and the Government did not respect freedom of association. Arrests or beatings are common responses to peaceful protests. The security services infringe the privacy rights of citizens and closely monitor the activities of opposition politicians and other segments of the population. Government security agents frequently harass human rights advocates. In April 2004, the United States successfully sponsored a resolution at the U.N. Commission on Human Rights urging the Government of Belarus to hold accountable perpetrators of forced disappearances and to cease harassment of civil society and political parties. Despite travel restrictions imposed by the United States and European Union on officials implicated in the disappearances, there have been no meaningful developments in official investigations of the disappearances of prominent opposition figures Victor Gonchar, Anatoly Krasovsky, Yuriy Zakharenko, nor that of journalist Dmitry Zavadsky. An unknown person or persons murdered journalist Veronika Cherkasova October 20, 2004.

Worker rights continue to be restricted systematically by government authorities. In January 2004, the European Commission agreed to open an investigation into violations of core labor standards in Belarus, under the procedures of the European Union’s Generalized Systems of Preferences (GSP), which conditions import preferences on respect for core internationally recognized worker rights. In October 2004, a Commission of Inquiry established by the International Labor Organization (ILO) in November 2003 to investigate Belarus’s compliance with ILO Conventions 87 and 98, concerning workers’ freedom of association, released a report documenting numerous serious governmental violations of those conventions and recommending immediate actions to bring Belarus into compliance with them.

The Constitution provides for freedom of religion. However, the Government restricts this right in practice. The Government accords preferential treatment to the part of the Russian Orthodox Church loyal to the Moscow Patriarch, while harassing adherents of the Belarusian Autocephalous Orthodox Church (BAOC). The authorities continued to refuse to register the BAOC, demolishing a church building while under construction in the summer of 2002. On October 31, 2002, Lukashenko signed a Religion Law that further confirmed the Russian Orthodox Church's preferential status and disadvantages "non-traditional" religions. The new law requires that all religious groups re-register, or risk engaging in outlawed religious activity. Only registered religious organizations may publish materials and engage in education, but such organizations are restricted to those that consist of at least ten groups, one of which must have been present in Belarus for 20 years. Unregistered groups cannot legally worship in public or own, lease, or occupy property. The law also provides the Government with the implicit right to censor religious publications, bans foreign citizens from leading religious organizations, and bans all but occasional, small religious meetings in private homes.

Authorities have used the law to harass other denominations and religions. The Government has repeatedly rejected the registration applications of some of these, including some Protestant denominations, the BAOC, and some Eastern religions. Without registration, many of these groups find it difficult, if not impossible, to rent or purchase property to conduct religious services. The authorities continued to enforce a 1995 Cabinet of Ministers decree that restricts the activities of religious workers in an attempt to protect Orthodoxy and curtail the growth of other religions. The government-run media continued to attack Protestant and other non-Orthodox religious groups. Despite continued harassment, some minority faiths have been able to function if they maintain a low profile, while others have openly declared their refusal to seek re-registration under the new religion law.

State-sponsored anti-Semitic publications and television programs sometimes appear, although societal anti-Semitism is not usually manifested openly. Senior government officials and the state media have occasionally used coded anti-Semitism in attacking political opponents. There is no legal basis for restitution of property that was seized during the Soviet and Nazi occupation. Many former synagogues, churches and mosques in Belarus are used as theaters, museums, and sports complexes. One former synagogue is now a German-owned beer hall. The Jewish community's requests to have these synagogues returned have been refused. Despite these difficulties, several local Jewish communities have successfully reclaimed synagogues and other properties.

Authorities generally have not denied citizens permission to emigrate, although the law specifies that citizens involved with criminal investigations or with access to sensitive state information can be restricted from emigrating. Significant ethnic tensions do not appear to exist in Belarus.

Section 498A(a)(4): "respect international law and obligations and adhere to the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Charter of Paris, including the obligations to refrain from the threat or use of force and to settle disputes peacefully."

As a result of the Belarusian Government's failure to adhere to its human rights commitments under the Helsinki Final Act, the OSCE undertook to establish an Advisory and Monitoring Group (AMG) in Minsk to assist the Government in fulfilling these commitments. After much resistance, the Government of Belarus permitted the AMG to open in February 1998 with a mandate to monitor the human rights situation and advise the Government. The Lukashenko regime subsequently succeeded in forcing the AMG's closure in country by refusing to issue visas, renew visas, or extend diplomatic accreditation. The last professional staff member left Belarus on October 29, 2002.

In December 2002, the Belarusian Government agreed to a mandate for a successor organization, the OSCE Office in Minsk, with a yearly renewable mandate and modified objectives after the United States and fourteen member countries of the European Union reacted to the forced AMG closure by refusing to allow certain high-ranking regime officials to travel to or through their territories. The countries subsequently lifted this ban.

In June 1998, the Belarusian authorities violated the principle of inviolability of diplomatic missions under the Vienna Convention on Diplomatic Relations by evicting the U.S. and other countries' ambassadors from their diplomatic residences, terminating all access to the properties and declaring the area a "presidential territory." The United States, the European Union and other countries recalled their ambassadors, sent their Belarusian counterparts home and took other measures in protest. In September 1999 this dispute was resolved, the Government of Belarus paid compensation for taking the U.S. residence, and the U.S. ambassador returned to Minsk.

In November 1999, Belarus joined the other OSCE states in signing the Charter for European Security that reaffirms full adherence to all OSCE documents already in force.

The Belarusian Government's military doctrine is in accord with the OSCE principles on the inviolability of borders and non-interference in the internal affairs of other states. Belarus rejects war as a means of settling disputes. Its constitution declares Belarus a non-nuclear and neutral state.

Section 498A(a)(5): "cooperate in seeking peaceful resolution of ethnic and regional conflicts."

Belarusian leader Lukashenko was an outspoken supporter of Serbian ethnic cleansing in Kosovo. As a result of this, Belarus broke relations with NATO during the bombing campaign against Serbia. Lukashenko also supports Russia's military actions in Chechnya. Belarus is not involved directly in ethnic or regional conflicts and has supported the Commonwealth of Independent States and OSCE as conflict-resolving mechanisms. Belarus is only a conditional member of the CIS Collective Security Agreement; its constitution prohibits the stationing of foreign troops in Belarus and the deployment of Belarusian troops abroad.

Section 498A(a)(6): "implement responsible security policies, including--

(A) adhering to arms control obligations derived from agreements signed by the former Soviet Union;

(B) reducing military forces and expenditures to a level consistent with legitimate defense requirements;

(C) not proliferating nuclear, biological, or chemical weapons, their delivery systems, or related technologies; and

(D) restraining conventional weapons transfers."

In late 1997, after Belarus failed to utilize Cooperative Threat Reduction Act (CTR) assistance for destruction of foundations for the fixed structures for SS-25 ICBM road-mobile launchers, that assistance project was terminated. Although Belarus no longer possesses any SS-25 launchers or missiles, the START Treaty requires that the restricted areas containing the foundations remain START-accountable until the foundations are destroyed. Belarus has failed to destroy the foundations, or, alternatively, to declare all restricted areas containing the foundations to be START-accountable. Other CTR assistance was suspended in 1997 because of concerns about Belarus’s commitment to observing human rights. President Lukashenko has publicly expressed regret over the removal of nuclear weapons from Belarus.

Belarus has reduced the size of its armed forces and related expenditures. Belarus has stated its intention to convert its defense industry to civilian production but lacks the funds to do so quickly. The Belarusian authorities have also made declarations of their intent to form a single military district with Russia, which at one point they claimed would contain 300,000 soldiers.

Belarus is a State Party to the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (CWC), and to the 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (BWC). With two exceptions, Belarus has submitted voluntary annual BWC-related CBM Data Declarations regularly since 1991.

In April and September 2004, the U.S. imposed sanctions on a Belarusian entity – Belvneshpromservice – pursuant to the Iran Nonproliferation Act of 2000 for the transfer of items on a multilateral control list or having the potential of making a material contribution to a WMD, missile, or conventional weapons program to Iran. Belarus acceded to the Nuclear Non-Proliferation Treaty (NPT) as a non-nuclear weapon state on July 22, 1993. It also has had a full-scope safeguards agreement with the International Atomic Energy Agency (IAEA), which entered into force on August 2, 1995. We continue to enlist the cooperation of the Government of Belarus to investigate reports and stop sales of dual-use items for potential use in programs of concern. Belarus became a member of the Nuclear Suppliers Group on May 19, 2000, and as such adheres to adopted current international export standards on nuclear and nuclear-related items, including the NSG commitment to require full scope safeguards as a condition of nuclear supply. We have blocked Belarus membership in the NPT Exporters Committee (Zangger Committee) because of human rights concerns.

Belarus is a party to the START Treaty and Intermediate and Shorter Range Nuclear Forces (INF) Treaty and is an active participant in the Joint Compliance and Inspection Commission and the Special Verification Commission (SVC) of the START and INF Treaties, respectively.

Belarus has formally declared its willingness and intent to accept all of the relevant arms control obligations for the former Soviet Union. Belarus ratified the Conventional Forces in Europe (CFE) Treaty in 1992 and ratified the 1996 CFE Flank Agreement in 1997. Belarus continues to reaffirm its commitment to comply with the CFE Treaty. Although Belarus has complied with a number of key provisions, Belarus has also been in continuing non-compliance with other key provisions. Continuing compliance issues with regard to Belarus are questionable declarations of tanks for exports, denial of access to a portion of a declared site and failure to declare equipment. Belarus participates in the Treaty’s implementation forum, the CFE Joint Consultative Group, and fulfilled CFE requirements for submission for data on equipment holdings in 2003. Belarus was an active participant in negotiations on adaptation of the CFE Treaty and signed the Agreement on Adaptation in 1999.

Belarus is a party to the 1992 Treaty on Open Skies, which entered into force in January 2002. Belarus is part of a group of States Parties with Russia for purposes of the treaty. Belarus has fulfilled its obligations under the Treaty, although there have been some issues regarding compliance with Treaty provisions by the Belarus/Russia Group of States Parties. These issues are addressed in the Russia report, as Russia is the lead partner in this group of state parties.

Belarus has submitted Confidence- and Security-Building Measures (CSBM) annual data declarations since 1991 and has willingly undergone CSBM inspections and evaluation visits in accordance with the OSCE Vienna Document.

Belarus has continued to be a leading conventional arms exporter, selling off excess Soviet-era equipment. Moreover, an increasing number of reports of Belarusian transfers or potential transfers of conventional weapons to state-sponsors of terrorism have been received. There are also reports of arms retransfers from Belarus to countries of concern (armaments originating in Russia and other former Soviet states). The USG continues to monitor Belarus's relationship with nations of concern closely.

By a presidential decree on December 4, 1997, Belarus formalized its Moratorium on the Export of Anti-Personnel Landmines, which it had observed in practice since August 1995. In July 2003, Belarus signed the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Antipersonnel Mines and on their Destruction (Ottawa Convention). Belarus was one of the original Subscribing States to the Hague Code of Conduct Against Ballistic Missile Proliferation (ICOC) that officially entered into effect on November 25, 2002.

Section 498A(a)(7): "take constructive actions to protect the international environment, prevent significant transborder pollution, and promote sustainable use of natural resources."

Belarus has taken positive steps to address international environmental concerns by establishing ministries of energy, forestry and water resources, and land reclamation. The Committee of the Council of Ministers on Emergency Situations, on the Consequences of the Chornobyl Disaster, and the Environment oversees and coordinates environmental protection efforts undertaken by individual ministries. Belarus suffered considerably from the effects of the Chornobyl disaster and has actively sought U.S. assistance in cleaning up areas contaminated by radiation. In October 2003, the European Commission, certain EU member states, UNDP, UNESCO, and international NGOs signed the CORE "Cooperation for Rehabilitation" program to coordinate international assistance to Chornobyl-affected areas in Belarus.

Air and water pollution problems of varying degrees of seriousness plague Belarus. Rivers are considered "moderately polluted" from industrial and agricultural sources. Some land reclamation efforts, undertaken in the name of economic development, have contributed to severe ecological problems in the Polesye region.

Section 498A(a)(8): "deny support for acts of international terrorism."

There is no evidence that Belarus has granted sanctuary from prosecution to individuals or groups that have committed acts of international terrorism or otherwise supported international terrorism during 2004, although there are unconfirmed reports that Belarus may have aided terrorists from the Caucasus region in the past. Belarus has ratified eleven of the twelve international conventions and protocols relating to terrorism, and signed the remaining one.

Section 498A(a)(9): "accept responsibility for paying an equitable portion of the indebtedness to United States firms incurred by the former Soviet Union."

In October 1991, shortly before the Soviet Union dissolved, Russia and eleven other Soviet republics, including Belarus, signed a Memorandum of Understanding declaring that they were jointly and severally liable for the foreign debts of the former Soviet Union (FSU). In December 1991, Russia and seven other republics, including Belarus, signed an agreement that assigned to each of the Newly Independent States a share of all the external assets and foreign debt of the FSU.

In 1992, Russia sought to replace the "joint and several liability" principle by seeking full liability for the foreign debt of the FSU in return for all the external assets of the FSU. In July 1992, Belarus signed a "double-zero option" agreement with Russia under which Russia agreed to assume Belarus's share of the foreign debt of the FSU in return for Belarus's share of the FSU's external assets.

Please see section 498A(a)(9) of the Russia assessment regarding indebtedness to the United States incurred by the former Soviet Union.

Section 498A(a)(10): "cooperate with the United States Government in uncovering all evidence regarding Americans listed as prisoners-of-war, or otherwise missing during American operations, who were detained in the former Soviet Union during the Cold War."

The U.S. effort to uncover evidence of American POWs and MIAs in Belarus is conducted through the U.S.-Russian Joint Commission on POWs/MIAs established in March 1992. Beginning in 1997, however, U.S. officials held several meetings directly with Belarusian officials toward establishing a bilateral agreement. Meetings have continued, although due to the poor state of relations conclusion of an agreement has been delayed.

Section 498A(a)(11): 'terminate support for the communist regime in Cuba, including removal of troops, closing of military and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos, and ceasing trade subsidies and economic, nuclear, and other assistance.

We have no evidence from which to conclude that the Government of Belarus is currently providing military, intelligence, economic, nuclear, or other assistance to the Government of Cuba. Given all information at hand, all trade is believed to occur on market terms.

CHECKLIST FOR GROUNDS OF INELIGIBILITY UNDER SECTION 498A(b) OF THE FOREIGN ASSISTANCE ACT OF 1961

BELARUS

Section 498A(b)(1): Has the President determined that the Government of Belarus has "engaged in a consistent pattern of gross violations of internationally recognized human rights or of international law?"

No. The President has not made such a determination at this time. However, as discussed above, we continue to have serious and increasing concerns about the Lukashenko regime's human rights record.

Section 498A(b)(2): Has the President determined that the Government of Belarus "has failed to take constructive actions to facilitate the effective implementation of applicable arms control obligations derived from agreements signed by the former Soviet Union?"

No. The President has not made such a determination at this time. All strategic weapons have been eliminated or removed from the territory of Belarus, although Belarus has failed to destroy foundations for the fixed structures for SS-25 ICBM road-mobile launchers.

Section 498A(b)(3): Has the President determined that, after October 24, 1992, the Government of Belarus knowingly transferred to another country:

(A) missiles or missile technology inconsistent with the guidelines and parameters of the Missile Technology Control Regime; or

(B) any material, equipment, or technology that would contribute significantly to the ability of such country to manufacture any weapon of mass destruction (including nuclear, chemical, and biological weapons) if the President determined that the material, equipment, or technology was to be used by such country in the manufacture of such weapon?"

No. The President has not made such a determination at this time.

Section 498A(b)(4): Is the Government of Belarus "prohibited from receiving such assistance by section 101 or 102 of the Arms Export Control Act or sections 306(a)(1) and 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991?"

No.

Section 498A(b)(5): Has the President determined and certified within 30 days to the appropriate congressional committees that the Government of Belarus "is providing assistance for, or engaging in, non-market-based trade (as defined in section 498B(k)(3)) with the Cuban Government?" If so, has the President taken action to withhold assistance from the Government of Belarus under the Foreign Assistance Act within 30 days of such a determination, or has Congress enacted legislation disapproving the determination within that 30-day period?"

No. The President has not determined that the Government of Belarus is providing assistance for, or engaging in any non-market-based trade with, the Cuban Government.