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Belarus

Executive Summary

Belarus is an authoritarian state. The constitution provides for a directly elected president who is head of state and a bicameral parliament, the National Assembly. A prime minister appointed by the president is the nominal head of government, but power is concentrated in the presidency, both in fact and in law. Citizens were unable to choose their government through free and fair elections. Since 1994 Alyaksandr Lukashenka has consolidated his rule over all institutions and undermined the rule of law through authoritarian means, including manipulated elections and arbitrary decrees. All elections after 1994, including the August 2020 presidential election and 2019 National Assembly elections, were not considered free and fair.

The Ministry of Internal Affairs exercises authority over police, but other bodies outside of its control, for example, the Committee for State Security, the Financial Investigations Department of the State Control Committee, the Investigation Committee, and presidential security services, also exercise police functions. The president has the authority to subordinate all security bodies to the president’s personal command. Lukashenka maintained effective control over security forces. There were credible reports that members of the security forces aggressively, intentionally, and routinely perpetuated abuses to stifle political dissent and repress human rights defenders, civil society activists, journalists, and others.

Starting in late May, credible media outlets and nongovernmental organizations reported that Belarusian authorities purposefully orchestrated and profited from the entry into the country of thousands of irregular migrants mostly from Iraq, but also from Cameroon, the Democratic Republic of Congo, Syria, and Afghanistan. These migrants often traveled through state-owned or state-affiliated travel agencies in partnership with travel agencies in the origin countries, with the aim of facilitating these individuals’ travel overland to enter the European Union. Once the migrants and asylum seekers reached Belarus, authorities facilitated their travel to the borders of the neighboring countries of Latvia, Lithuania, and Poland and encouraged and, in some instances, forced the migrants to attempt irregular border crossings. When migrants and asylum seekers failed to enter the European Union, there were credible reports that Belarusian security services beat the migrants and asylum seekers and forced them to remain at the border to attempt additional border crossings, sometimes under dangerous circumstances. When the migrants sought asylum in Belarus, authorities generally refused these requests.

Significant human rights issues included credible reports of: unlawful or arbitrary killings by security forces; torture in detention facilities and cases of cruel, inhuman, or degrading treatment or punishment by security forces; harsh and life-threatening prison conditions; arbitrary arrest and detention; political prisoners or detainees; politically motivated reprisals against individuals in another country; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; punishment of family members for offenses allegedly committed by an individual; serious restrictions on free expression and media, including violence or threats of violence against journalists, unjustified arrests or prosecutions of journalists, censorship, and the existence of criminal libel laws; serious restrictions on internet freedom, including site blocking and internet blockages; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of NGOs and civil society organizations; restrictions on freedom of movement and on the right to leave the country; refoulement and abuse of migrants and asylum seekers seeking to irregularly cross the border into the European Union; inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; serious government corruption; serious government restrictions on or harassment of domestic and international human rights organizations; lack of investigation of and accountability for gender-based violence, including domestic and intimate partner violence; trafficking in persons; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons; and outlawing of independent trade unions and significant restrictions on workers’ freedom of association.

Authorities at all levels generally operated with impunity as directed by Lukashenka and routinely failed to take steps to prosecute or punish officials in the government or security forces who committed human rights abuses.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of women and men in general but does not include separate provisions on marital rape. The penalty for conviction of rape with aggravating factors is three to 15 years’ imprisonment. While sexual assault and rape continued to be significant problems, authorities generally prosecuted cases against nonspousal rape. For example, in October police in Barysau arrested a 57-year-old man on charges of raping a 16-year-old girl. According to police the case was considered under the law as rape of a known minor, which is punishable by imprisonment for a term of five to 13 years, and the abuser had been previously convicted on similar accounts. According to NGOs, authorities often did not adequately consider spousal rape incidents and did not prosecute such cases unless they involved severe aggravating factors and direct threats to victims’ lives or deaths.

Domestic violence was a significant problem, and authorities did not take effective measures to prevent it or its root causes, such as substance abuse, unemployment, and other economic, cultural, and social problems. For example, police in a village in the Lida region reported that a man continuously abused his common-law spouse. The man was sentenced in June 2020 to three months in prison for abuse, but in July 2020 before beginning his sentence, he attacked his spouse with a knife, injuring her face and chest. For the attack, in March he was convicted and sentenced to seven years in prison on charges of attempted murder. Nevertheless, the woman continued to claim she had no problem with her spouse and told doctors her injuries were accidental.

Authorities continued to issue protective orders mandating the separation of survivors and abusers and provided temporary accommodations for the duration of the orders. It also operated 138 crisis rooms that provided limited shelter and psychological and medical assistance to survivors.

The law establishes a separate definition of domestic violence and provides for implementation of protective orders, which are from three to 30 days in duration. The law requires authorities to provide survivors and abusers with temporary accommodation until the protective orders expire. In addition the law prescribes a substantial fine or detention for up to 15 days for violating protective orders, battery, intended infliction of pain, and psychological or physical suffering committed against a close family member.

According to women’s rights advocates, protective orders and crisis rooms remained ineffective and provided limited protection of the rights of survivors. Efforts to prosecute offenders and ensure legal and other remedies to correct their behavior were also lacking. NGO experts continued to note the lack of state-supported designated shelters and specialists who work with survivors, children, and aggressors.

According to a senior Ministry of Internal Affairs official, as of April officers were monitoring more than 8,000 individuals who had committed domestic violence-related crimes, including more than 10,000 administrative cases filed from January to March. The official stated the number of severe crimes related to domestic violence decreased from 109 to 78 cases in January through March, compared with the same period in 2020, and the number of persons killed by their spouse declined from 27 to 22. On October 25-30, Minsk city police reportedly inspected residences of families with a record of domestic violence or that were in vulnerable conditions and held “preventive” talks with them.

On July 15, the NGO Gender Perspectives stopped operating a nationwide hotline for domestic violence after authorities searched its offices and interrogated several personnel on July 14 in the framework of a broad crackdown on civil society (see sections 2 and 5). In 2020 it had also stopped working with the Ministry of Internal Affairs representative following the government’s crackdown on demonstrators. As of April the shelter and hotline providers had not seen an increase in requests for help in the country during the COVID-19 pandemic, associating this with the lack of a government-imposed countrywide lockdown or self-isolation requirements. The Ministries of Internal Affairs, Labor and Social Protection, and Health Care and NGOs continued a campaign, “Home without Violence,” that was held on April 5-9. The campaign was covered by state media.

On September 28, authorities liquidated Gender Perspectives, which in addition to operating the hotline, had cooperated with authorities to play a nationwide role in assisting domestic violence and trafficking survivors, advocating for their rights, promoting a separate law on countering domestic violence, and assisting victims. The NGO was one of many civil society organizations closed in cases widely seen as politically motivated (see section 5).

Despite numerous inspections by the government throughout the year, as of December the NGO Radislava continued to operate a private shelter for survivors of domestic violence, to advocate for their rights, and to assist women and their children with medical care, legal aid, employment, social reintegration, and psychological therapy. On November 9, police detained the former coordinator of Radislava’s shelter and leading women’s rights advocate for allegedly coordinating protests in 2020. As of December she remained in pretrial detention.

Sexual Harassment: Sexual harassment reportedly was widespread, but no specific laws, other than those against physical assault, address the problem. Victims of sexual harassment did not have access to criminal or civil remedies for sexual harassment that occurred in the workplace.

Reproductive Rights: In prior years women with disabilities, especially those who were institutionalized, as well as pregnant women whose children were diagnosed with potential disabilities in utero, reported that some doctors insisted they terminate their pregnancies. While there were no indications that the practice had changed, no specific cases were highlighted during the year by press or NGOs.

Institutionalized individuals with disabilities had no political or civil rights, and courts recognized the directors of these institutions as the legal guardians of these individuals. Institutionalized individuals were not able to provide informed consent to medical treatment affecting their reproductive health, including for sterilization, due to mental or other disabilities.

Although comprehensive education on reproductive health or pregnancy was not provided in schools, access to information on contraception was widely available. Government policy does not bar access to contraception, but some groups may oppose it on religious grounds. While there were no legal or cultural barriers to skilled health attendance during pregnancy and childbirth and skilled postpartum care was widely available, there were fewer professionals with the skills to assist with difficult pregnancies outside of Minsk. Authorities provided access to emergency health care, including emergency contraception for survivors of sexual violence.

Discrimination: The law provides for equal treatment of women with regard to religious, personal status, and nationality laws, as well as laws related to labor, property, inheritance, employment, access to credit, and owning or managing businesses or property. Women generally did not experience discrimination in such areas as marriage, divorce, child custody, education, the judicial process and other institutions, and in housing.

Although women have the same legal status as men, they experienced discrimination in employment, in access to economic resources, as well as discrimination in the workplace.

Children

Birth Registration: Citizenship is derived either by birth within the country or from one’s parents. A child of a citizen is a citizen regardless of place of birth, even if one parent is not a citizen. Births were generally registered immediately.

Child Abuse: The law stipulates minors’ rights to education, health care, personal integrity, and protection from exploitation and violence, among others. The law provides for the inviolability of the child’s person and protects the child from all types of exploitation, including sexual, physical, and psychological abuse; cruel or abusive treatment, humiliation, and sexual harassment (including by parents, guardians, caregivers, and relatives); involvement in criminal activities; use of alcoholic beverages; use of drugs, toxic or other intoxicating substances, and tobacco products; and coercion into prostitution, begging, vagrancy, participation in gambling, actions related to child pornography, and work that may harm physical, mental, or moral development.

Conviction of rape or sexual assault of a person known to be a minor is punishable by up to 15 years’ imprisonment. Conviction of a person older than 18 for engaging in sexual acts with a person known to be younger than 16 is punishable by up to 10 years’ imprisonment.

According to local human rights groups, domestic violence and abuse against children were common, and anecdotal evidence suggested that many parents admitted beating their children. Authorities identified families in vulnerable conditions and generally intervened to prevent child abuse linked to domestic violence, providing foster care to children who could not remain with their immediate families while preventive work was underway. Although the government continued to prosecute child abusers, its efforts to address the causes of child abuse were inadequate, and it lacked effective capabilities to detect violence and refer victims for proper assistance in a timely manner.

The government instituted a comprehensive national plan for 2017-21 to improve child care and the protection of children’s rights, including for victims of child abuse, domestic violence, and commercial sexual exploitation, but it acknowledged its inefficiency in executing certain protective measures absent assistance from international organizations and NGOs. For example, in one case authorities in the Hrodna region charged both foster parents with beating, abusing, torturing, and depriving their foster children of freedoms from 2016 through 2021. Authorities recognized eight children as victims in the case, including a minor who was 10 months old at the time and was physically abused. Local prosecutors claimed that authorities took disciplinary action against seven local officials in charge of monitoring foster families and living conditions.

With assistance from NGOs that promote children’s rights, authorities employed procedures for on-the-record, one-time interviewing of child-abuse victims in the framework of investigations or criminal cases at specialized facilities under the direct supervision of psychologists. Courts often used recorded testimony to avoid repeatedly summoning child-abuse victims for hearings, but experts continued to raise concerns that in some cases, judges summoned victims to testify at hearings. More-experienced judges with expertise in developmental psychology, psychiatry, and education generally heard cases that affected the rights and interests of minors.

As of January 2020 the Ministry of Education ran 138 social-educational centers nationwide for minor victims of any type of violence or minors in vulnerable and dangerous conditions, but independent observers questioned the quality of services. General health-care institutions provided a wide range of medical aid to child abuse victims free of charge.

Child, Early, and Forced Marriage: The legal minimum age of marriage for both boys and girls is 18, although girls as young as 14 may marry with parental consent. There were reports of early marriages in which girls as young as 14 and boys as young as 16 married with parental consent.

Sexual Exploitation of Children: The minimum age for consensual sex is 16. Sex trafficking of children was a problem, and authorities took some steps to address it. From January through September, authorities identified 540 minors as victims of child sexual abuse, up from 354 in the same period in 2020. The law provides penalties of up to 13 years in prison for producing or distributing pornographic materials depicting a minor. Authorities generally enforced the law. Authorities claimed the law does not require a demonstration of force, fraud, or coercion to constitute a child sex-trafficking offense and claimed to have identified 91 minors who were trafficking or trafficking-related victims used for commercial sexual exploitation. Authorities considered child pornography and cyber-related methods such as sexting, grooming, and sextortion to be serious problems and in January 2020 adopted a separate 2020-22 plan of action to protect minors from sexual abuse and exploitation. There were no reports on the implementation of the plan as of December 2020.

In April the Internal Affairs Ministry reported that on February 16, it identified and arrested a 37-year-old foreigner who had legally resided in the country since 2017 and had engaged girls between ages five and 13 in producing pornographic materials. Four mothers of the children were arrested for providing their children for filming and commercial sexual exploitation. Police also stated one of the victims was removed from the family and taken into the government custody, while the others remained in the custody of their fathers.

Institutionalized Children: There was no system for monitoring child abuse in orphanages or other specialized institutions. Authorities did not report any child-abuse incidents in institutions. There were allegations of abuse in foster families; the government opened or continued investigations into some of these cases.

According to a 2018 UNICEF study, more than two in five children at residential care institutions were exposed to either physical or psychological violence. Approximately one in four children participating in the survey reported exposure to physical violence at institutions. The children living in institutions appeared significantly more vulnerable compared with children living in families, and they had two to three times more exposure to violence than children from secondary schools. Children from special closed-type educational institutions and penitentiary institutions reported greater exposure to violence both at home and in the institutions.

As of January 1, there were nine institutions for children with disabilities that held at least 1,300 minors. Institutions provided basic medical and social care to their clients. Although experts assessed the services as being of better quality than at adult institutions, these institutions had problems with proper diagnostics, education, and social reintegration as well as public accountability and transparency.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

LGBTQI+ persons experienced harassment, threats, and violence at the hands of authorities, according to numerous reports from human rights defenders.

In some instances, when police identified detained individuals as LGBTQI+ persons, they forced these individuals to confess to committing crimes and to state their sexual orientation on camera, later posting the recording online. Independent observers questioned the legality of these videos and noted that authorities may have abused the persons to force them into making the statements. There were no reports authorities took action to investigate those complicit in violence and abuses against LGBTQI+ persons.

The government allowed transgender persons to update their name and gender marker on national identification documents, but these documents retained old identification numbers that include a digit indicating the individual’s sex assigned at birth. Transgender persons reportedly were refused jobs when potential employers noted the “discrepancy” between an applicant’s appearance and the gender marker in the identification number. Banks also refused to open accounts for transgender persons on the same grounds. Transgender men were issued military identification that indicated they had “a severe mental illness.” There are no laws prohibiting discrimination by state and nonstate actors against LGBTQI+ persons, including with respect to providing essential goods and services such as housing, employment, and access to government services.

LGBTQI+ discrimination was widespread, and harassment occurred. The law does not provide antidiscrimination protections to LGBTQI+ individuals based on their sexual orientation, gender identity or expression, or sex characteristics. Societal discrimination against LGBTQI+ activists persisted with the tacit support of the government, which either failed to investigate crimes or did so without recognizing it as a hate crime. LGBTQI+ activists were among those who went into exile after facing harassment and risk of arrest from the regime.

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