Situation of Human Rights in Belarus

Guided by the purposes and principles of the Charter of the United Nations, the provisions of the Universal Declaration of Human Rights, and other applicable human rights instruments,

Reaffirming that all States have an obligation to promote and protect human rights and fundamental freedoms and to fulfill their international obligations,

Mindful that Belarus is a party to the International Covenant on Civil and Political Rights and the Optional Protocol thereto, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol thereto, and the Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography;

Recalling its resolution 2003/14 of 17 April 2003 and 2004/14 of 15 April 2004, Welcoming the visit of the Working Group on Arbitrary Detention to Belarus,

Mindful of the requests made to the Government of Belarus by the Working Group on Enforced or Involuntary Disappearances regarding the disappearance of the former Minister of Internal Affairs, Yury Zakharenko,

Noting the conclusions and recommendations of the Committee against Torture on the third periodic report of Belarus, which appear in the report of the Committee on its twenty- fifth and twenty-sixth sessions, and the recommendations of the Special Rapporteur on the independence of judges and lawyers contained in the report on his mission to Belarus as well as the lack of progress of the Government of Belarus in addressing the noted shortfalls,

1. Expresses deep concern:

• That senior officials of the Government of Belarus have been implicated in the enforced disappearance and/or summary execution of three political opponents of the incumbent authorities in 1999 and of a journalist in 2000 and in the continuing investigatory cover-up, as documented in the report adopted in resolution 1 371 of 28 April 2004 by the Parliamentary Assembly of the Council of Europe and endorsed by the Committee of Ministers of the Council of Europe on September 30, 2004; 
• Over the findings of the Final Report, dated December 9, 2004, of the Election Observation Mission of the Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Cooperation in Europe (OSCE), which stated that the October 17, 2004 parliamentary elections in Belarus fell significantly short of OSCE commitments, that the October 17, 2004 referendum to eliminate term limits on the presidency took place with unrestrained Government bias in favour of the referendum, and that the Belarusian authorities failed to create the conditions, particularly freedom of expression and freedom of media, to ensure that the will of the people serves as the basis of the authority of government; 
•  About the recent report of the OSCE Representative on Freedom of the Media, dated March 10, 2005, which raises serious concerns regarding the grave situation of the independent media in Belarus, in particular the declining number of registrations of independent newspapers and the increased pressure on the media through judicial, extra- judicial and economic means; 
• About the findings detailed in the report of March 18, 2005 by the Special Rapporteur on the situation of human rights in Belarus appointed by resolution 2004/14; 
•  About continuing reports that as of February 1, 2005 the Belarusian Government is enforcing excessive legal requirements and requesting substantial monetary sums for registration and continued operation of non-governmental organizations;

(f) About the conclusions of the Commission of Inquiry appointed under article 26 of the Constitution of the International Labour organization to examine the observance by the Government of Belarus of the Convention on Freedom of Association and Protection of the Right to Organize, 1948 (N°87) and the Convention on the Right to Organize and Collective Bargaining, 1949(N°98);

(g) About persistent reports of harassment and closure of non-governmental organizations, national minority organizations, independent media outlets, opposition political parties, independent trade unions and religious organizations, and the harassment of individuals engaged in democratic activities, including independent media;

(h) About the revocation of the licence of the European Humanities University (EHU) and the continued pressure exerted by the Belarusian authorities on the EHU and other academic institutions;

(i) About the failure of the Government of Belarus to cooperate fully with all the mechanisms of the Commission on Human Rights, as requested in its resolution 2003/14 and 2004/14 in particular with the Special Rapporteur on the situation of human rights in Belarus;

(j) About the politically motivated prosecution of a leading opposition figure;

(k) About continued reports of cases of arbitrary arrest and detention;

2. Urges the Government of Belarus:

To dismiss or suspend from their duties law enforcement officers and public officials implicated in forced disappearances and/or summary executions, pending an independent, credible and full investigation of those cases, and to hold the perpetrators promptly accountable;
To ensure that all necessary measures are taken to investigate fully and impartially all cases of forced disappearance, summary execution and torture and that alleged perpetrators are brought to justice before an independent tribunal and, if found guilty, punished in a manner consistent with the international human rights obligations of Belarus;
To ensure an effective protection of the rights of persons deprived of liberty as recommended by the Working Group on Arbitrary Detention;
To bring the electoral process and legislative framework into line with international standards, especially those of OSCE, including as regards the freedom of expression, facilitate the involvement of ODIHR in all elections and to live up to its OSCE commitments;
To implement fully the recommendations of, and to establish an ongoing dialogue with the Special Rapporteur as well as the OSCE Representative on Freedom of the Media;

(f) To cease harassment of non-governmental organizations, political parties, trade unions, independent media, educational institutions, religious organizations and democracy and human rights activists; to undertake a review of domestic laws and practices regarding the compulsory registration of non-governmental organizations and ensure that such laws and regulations are implemented or amended to conform with its international human rights obligations;

(g) To release individuals detained for politically motivated reasons;

(h) To carry out the recommendations of the ILO Commission of Inquiry and the recommendations of the Working Group on Arbitrary Detentions without further delay;

(i) To respect the right to freedom of assembly and association;

(j) To provide public information regarding the execution of those sentenced to death;

(k) To increase its efforts to combat human trafficking and to protect the victims of human trafficking, in particular women being trafficked for the purposes of sexual exploitation.

• Insists that the Government of Belarus cooperate fully with all the mechanisms of the Commission, including by extending invitations to the Special Rapporteur on the situation of human rights in Belarus, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and the Special Representative of the Secretary-General on the situation of human rights defenders, as well as the Working Group on Enforced or Involuntary Disappearances, and through requesting technical assistance; 
• Decides to extend the mandate of the Special Rapporteur for a further year, from within existing resources, to continue his efforts to establish direct contacts with the Government and with the people of Belarus, with a view to examining the situation of human rights in Belarus and following any progress made towards the elaboration of a programme on human rights education for all sectors of society, in particular law enforcement, the judiciary, prison officials and civil society, and to report to the Commission on Human Rights at its sixty-second session; 
• Requests the Secretary General to give the Special Rapporteur all necessary assistance in the discharge of his mandate;

6. Decides to consider this question at its sixty-second session, under the same agenda item.

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