The 52nd Session of the Human Rights Council
27 February – 4 April 2023
Item 4 – Human rights situations that require the Council’s Attention.
Interactive Dialogue on OHCHR report on Belarus (res. 49/26)
22nd March 2023
By Maeva Giambrone / GICJ
Executive summary
On the 22nd of March 2023, the Human Rights Council considered the report of the High Commissioner on the situation of human rights in Belarus (A/HRC/52/68), during an interactive dialogue on the same topic.
Ms. Al-Nashif, Deputy High Commissioner, opened the interactive dialogue by presenting the findings of the High Commissioner for human rights latest report, which described the numerous human rights violations committed by Belarus. The report presented that as of the 21st of March 2023, 1,459 people were arbitrarily detained on political grounds and about 250 people were labelled as extremists. Indeed, mass arrests and arbitrary detentions were carried out in response to the exercise of the rights to freedom of expression, peaceful assembly, and association. It also notes that many detainees have suffered torture and other cruel, inhuman, or degrading treatment.
The report demonstrates the Office's concern about recent legislative amendments to extend the scope of the death penalty, trials in absentia, and the possibility of withdrawing citizenship from individuals.
The Deputy High Commissioner underlined that many people had left the country since May 2020 because of fears of repression. Finally, she notes that the withdrawal of Belarus from the Optional Protocol to the ICCPR is a real step backwards in the protection of the human rights of Belarusians. She pointed out that all these violations could constitute crimes against humanity.
Although the Belarusian delegate stated that the reports presented were biased and humiliated the people, various delegations expressed their deep concern about the numerous violations of the fundamental rights of the Belarusian population and the many acts that could constitute crimes against humanity. They declared that the authorities' policy of repression was aimed at destroying the democratic aspirations of the Belarusian people. Furthermore, delegations are concerned that Belarus is using the pretext of a terrorist threat to repress defenders of democracy.
Many civil society groups pointed out that peaceful protesters are treated like the worst criminals and are arbitrarily detained. In addition, NGOs called for the establishment of an independent investigation mechanism and encouraged states to use the principles of extraterritoriality and universal jurisdiction. Further, civil society groups urged Belarus to re-ratify the Optional Protocol to the ICCPR in order to provide victims of violations with a remedy.
The Deputy High Commissioner concluded the discussion by recommending that Belarus release all arbitrarily detained individuals, to re-ratify the Optional Protocol to the ICCPR and to stop all human rights violations listed in the report.
Geneva International Centre for Justice (GICJ) joins with the States and the High Commissioner in urging Belarus to end the systematic repression of its people, who call only for a democratic state that respects human rights. We call for the release of political prisoners and reparations to the victims. Finally, we urge Belarus to end its cooperation with the Russian Federation in the armed aggression in Ukraine, which violates the fundamental principles of international law.
Background
Human rights have been violated by Belarus for many years. The Human Rights Council, already concerned about the situation in 2020, urged the authorities, in resolution A/HRC/RES/44/19, to ensure that the presidential elections scheduled for August would be free, transparent, and conducted peacefully. These elections were held on 9 August 2020 and won by Alexander Lukashenko with 80% of the votes according to the official results. However, the opposition, already weakened because most of their opponents had been detained or expelled just before the elections, claims that there was fraud.
As a result, many demonstrations took place in the country. These brought together tens of thousands of people and lasted for several weeks. But the authorities cracked down on these demonstrations. During the first three days of the demonstration, as many as 7,000 people were arrested and at least 450 were tortured.
In September 2021, the Human Rights Council adopted the resolution on the situation of human rights in Belarus in the run-up to the 2020 presidential election and in its aftermath (A/HRC/RES/45/1) which regrets the State's failure to comply with its international obligations, in particular the one arising from the ICCPR. The latter does provide for the right to vote in fair elections and to ensure the freedom of expression of the will of the electorate, which the resolution considers as not being respected in the presidential elections. The resolution also calls on the government to cease the use of excessive force against demonstrators, torture, enforced disappearances and to refrain from arbitrary arrests for political reasons. The Human Rights Council calls on Belarus to respect freedom of expression, association and the prohibition of torture and other forms of ill-treatment under international human rights law and conventions to which it is a party such as the Convention against Torture and the ICCPR.
In April 2022, another resolution about the situation of human rights in Belarus was adopted (A/HRC/RES/49/26) to renew for another year the High Commissioner mandate relating to the examination of this situation. The High Commissioner has the mandate to monitor and report on the situation, to collect and analyse all information and evidence to contribute to the accountability for perpetrators and justice for victims. The mandate also includes making general recommendations to improve the respect and protection of human rights as well as engaging in dialogue with the Belarusian authorities, civil society, and various UN agencies to exchange information and support national efforts.
Report of the United Nations High Commissioner for Human Rights
The report of the United Nations High Commissioner for Human Rights (A/HRC/52/68) is focusing on the findings of the examination of the human rights situation in Belarus since May 2020. It highlights all alleged human rights violations committed in Belarus in the run-up to the 2020 presidential election and in its aftermath.
The report begins with the unnecessary and disproportionate use of force. The President of Belarus declared in 2020 that he would not allow any demonstrations. However, peaceful demonstrations have taken place, including in response to the Russian war of aggression and the constitutional referendum in February 2022. The use of firearms, special equipment and military weapons was found to constitute an excessive use of force by law enforcement personnel that was not necessary. Individuals have died as a result of this excessive use of force and yet no effective investigation has been carried out. On the contrary, false information has been spread about these deaths and victims and journalists who contradict the official account have been harassed.
Regarding torture and other cruel, inhuman, or degrading treatment, the report notes that many detainees have suffered physical and psychological torture, including death threats, rape threats and sexually abusive comments. Furthermore, concerning sexual and gender-based violence, it appears that most victims of arbitrary detention were subjected to strip searches and cavity searches, performed arbitrarily and sometimes several times a day and in a degrading manner.
Then, the report highlights that mass arrests and arbitrary detentions were carried out in response to the exercise of the rights to freedom of expression, peaceful assembly, and association. Indeed, individuals were arrested and detained by the authorities to intimidate and punish the population from exercising their rights. In February 2022, around 1500 persons were arbitrarily arrested and detained for taking part in the above-mentioned demonstrations or for politically motivated charges. They were described as “street terror”. Those criticising Russian aggression or supporting Ukraine were considered to be inciting national discord. In addition, most Belarusian media are considered extremist, and many journalists are in detention.
On the right to due process and a fair trial, the report stresses that they were violated, in particular because of the lack of independence of the judiciary because the President controls the appointment, promotion and dismissal of Belarus judges and prosecutors. The courts are therefore not impartial. Lawyers are subject to disbarment proceedings, arrest, detention, and prosecution, solely for performing their duties. Moreover, in July 2022, an amendment to the Criminal Procedure Code was introduced to allow for special criminal proceedings conducted in absentia. The authorities stated that they took this decision to deal with individuals outside the country who have committed acts of terrorism, treason, sabotage or have created or participated in extremist organisations. However, the report suggests that this was only done to target political activists who had left the country, to punish them for speaking out and to seize their property.
The report then looks at child separation and undue interference in family life. It appears that parents have been threatened with the removal of their children from their homes and placed in state-run foster care. In addition, a recent constitutional amendment allows the State to remove the child from the family if they do not "inculcate in them a culture of respect for the historical and national traditions of Belarus" which is considered a breach of their parental obligations. All these threats have often prompted families to move or go into exile. Indeed, the report found that at least 100,000 people have left the country since 2020 because of the government's policies and practices, including the massive repression of any opposition. This deliberately hostile environment and the risk of arbitrary detention, ill-treatment and unfair trials prevent the return of these individuals.
Along with the constitutional reforms already mentioned, a 2022 amendment now allows for the termination of citizenship for a person convicted of “participation in extremist activities or causing serious harm to the interests of the Republic of Belarus”. The report points out that this sanction can be imposed on individuals who have called for sanctions, insulted the President, participated in mass riots, or caused damage to public property.
In view of all the above facts, the High Commissioner considers that there is a reasonable ground to believe that numerous human rights violations were committed in Belarus between May 2020 and December 2022. Some of these could furthermore constitute crimes against humanity because of the organised and intentional nature of the violations. And yet, due to a constitutional amendment, the President enjoys immunity for all acts committed in connection with the exercise of presidential powers, even after leaving the position, which further reduces any chance of accountability. Furthermore, with regard to accountability, the denunciation of the Optional Protocol to the International Covenant on Civil and Political Rights removes the possibility for individuals to make individual complaints to the Human Rights Committee.
The report concludes with recommendations, firstly for Belarus to release all arbitrarily detained individuals, to re-ratify the Optional Protocol to the ICCPR and to stop all human rights violations listed in the report. It is also recommended that the state initiate independent, impartial, and effective investigations into these violations, including those that may amount to crimes against humanity. In addition, Member States are asked to use the principles of extraterritorial and universal jurisdiction to hold perpetrators to account and to consider further targeted measures against perpetrators of serious human rights violations.
Interactive dialogue on the High Commissioner Report
Geneva, 22 March 2023. At the 52nd Regular Session of the Human Rights Council, Nada Al-Nashif, UN Deputy High Commissioner, held an interactive dialogue regarding the situation of human rights in Belarus in the run-up to the 2020 presidential election and in its aftermath.
The Deputy High Commissioner opened the meeting by presenting the report which states that unnecessary force was used against demonstrators during the demonstrations in February 2022. Similarly, she explains that torture is a widespread practice concerning individuals in real or perceived opposition to the government or to official election results. Ms. Al-Nashif recalls that for the past two and a half years the authorities have arbitrarily arrested and detained tens of thousands of people.
The Deputy High Commissioner also noted that the rights to a fair trial, freedom of expression and association are widely violated by the authorities. Indeed, many individuals have been accused of extremism in February 2023, as well as the majority of the media.
Ms. Al-Nashif then underlined that at least 100,000 people have left the country since May 2020 because of fears of repression. The numerous legislative amendments worry the population and the Deputy High Commissioner as it is now possible to terminate the citizenship of a person convicted of participating in extremist activities, but this definition is too broad and will lead to the creation of stateless people.
Finally, she notes that the withdrawal of Belarus from the Optional Protocol to the ICCPR is a real step backwards for the protection of the human rights of Belarusians. All these violations could constitute crimes against humanity because of their widespread and systematic nature against the civilian population.
The Belarusian delegate invited people to visit her country. She says that visitors will see well-kept cities where life is peaceful, that they will be able to see the State's commitment to the strengthening and protection of human rights and the creation of a peaceful, just and barrier-free society, as the State has already demonstrated at the UPR. The delegate stated that the reports presented are biased and humiliate the people. She considered that those who tried to seize power in 2020 were acting with the sole aim of discrediting and undermining the state while being paid by Western states. The Belarusian representative believes that the state's reasoning is only geopolitical, while Belarus simply refuses to be dragged into the sphere of influence of the West. She claims the country is stable despite suffocating Western sanctions and regular provocations aimed at destabilising the country and bringing it into armed conflict.
After the interventions of many States, the Delegate took the floor to state that these reports were biassed and undermined the possibility of the State to cooperate with the Council. She said there were no political prisoners, only individuals who had violated the law and should therefore be punished.
The Lithuanian Deputy Foreign Minister, on behalf of the Nordic-Baltic group of states, expressed deep concern about the continuing deterioration of the situation, politically motivated persecution, arbitrary arrests as well as torture which remain endemic. To date, there are 1500 political prisoners in Belarus, including the 2022 Nobel Peace Prize winner. He, therefore, called for their immediate and unconditional release. Furthermore, the Deputy Minister notes that by allowing Russia to use its territory, Belarus is responsible for the act of aggression against Ukraine.
The French delegate states that the authorities' policy of repression is aimed at destroying the democratic aspirations of the Belarusian people. Since the fraudulent elections in 2020, Lukashenko has systematically repressed all voices critical of the government. France is very concerned by the scale of political persecution and by the fact that Belarus is using the false pretext of the terrorist threat to repress defenders of democracy by threatening them with the death penalty. The Delegate praised the courage and resilience of the Belarusian people who are fighting for the respect of their fundamental rights and democracy.
The Croatian delegate noted that the authorities had used disproportionate and unnecessary force against the demonstrators, sometimes resulting in the death of individuals. He was also very concerned about the amendment introducing the death penalty for so-called acts of terrorism as this would legalise political executions and thus increase repression and fear in the country. The delegate considered that when a country uses torture to punish dissidents, the international community must react and demand accountability for the perpetrators. Equally worrying are cases of child separation and interference in family life by the authorities targeting those considered to be opponents.
However, a worrying number of states have shown their support for President Lukashenko by arguing that Belarus has made significant efforts to promote the rights of its people. In particular, these states invoked the principles of non-intervention, sovereignty and territorial integrity to declare that the mandate should not be extended. Some even considered that the situation did not deserve the Council's attention, even though the report clearly demonstrates all the violations committed against the Belarusian population. All considered that this was interference in the state’s internal affairs and that the Council should be impartial, objective, and non-political. Indeed, they consider that the examination of the situation in Belarus is only a politicisation of human rights. They mainly accuse Western countries of trying to put pressure on the state. They all plead for the people of Belarus to be able to determine their future. However, by supporting the government, they prevent the people from expecting any improvement in the protection of their rights.
Several civil society organisations were subsequently permitted to speak on the report’s findings. NGOs welcomed the High Commissioner’s report and the fact that it considers that a number of the violations committed amount to crimes against humanity. They pointed out that many people are detained for political reasons while tens of thousands of others are under threat of persecution when their only crime is to demand free and fair elections. These peaceful protesters are treated like the worst criminals, handcuffed in cages, and subjected to smear campaigns by the state media.
An emphasis was also placed on the situation of children in Belarus. Indeed, NGOs are concerned about the militarisation programmes for children. According to their statistics, in 2022 over 18,000 children were trained in a militarised patriotic camp and many were trained to use firearms.
Further, NGOs reinforced the need for states to establish an independent investigative mechanism to complement the work of the High Commissioner for Human Rights and encourage states to use the principles of extraterritoriality and universal jurisdiction to hold accountable the perpetrators of the many crimes committed in Belarus.
Finally, a number of groups called on Belarus to immediately and unconditionally release all political prisoners and to re-ratify the Optional Protocol to the ICCPR in order to provide victims of violations with a remedy.
Concluding Remarks
The Deputy High Commissioner reiterated her thanks to the States that had raised questions and supported the renewal of the mandate and would respond by theme. On gender-based violence, she noted that violence is probably underreported due to fears of stigmatisation, that women are more likely to be beaten and that the majority of politically motivated detainees are held in inhumane conditions.
On the issue of detained children, hundreds of children between the ages of 15 and 17 have been arrested during the demonstrations and have been subjected to abuse and gender or sexual violence. In addition, parents have been forced to self-incriminate and have had their children taken away from them solely for participating in demonstrations.
Regarding freedom of the media, human rights defenders, and activists, she calls for the release of all arbitrarily detained individuals and for an end to the systematic repression of civil society and independent media.
She wishes to draw attention to the likely commission of crimes against humanity, indeed, the situation must remain under scrutiny and consideration must be given to the adoption of an accountability mechanism. Therefore, she goes on to discuss the different possibilities. Firstly, States can launch national procedures or adopt targeted measures. Other options are to refer certain situations to the International Criminal Court or to create a special tribunal.
The Deputy High Commissioner concluded her remarks by recalling that a crime against humanity is constituted when the attack is aimed at a targeted population and when the violations are part of a campaign of violence and repression intentionally directed against those who, in this case, oppose or criticise the government, which seems to well describe the current situation in Belarus.
Adoption of the resolution A/HRC/52/L.14
On the 4th of April, the Human Rights Council adopted the resolution A/HRC/52/L.14 by 21 votes to 5 which regrets the lack of cooperation by the Belarusian authorities with the Council. The resolution also expresses concerns about the deterioration of the situation of human rights in the country and the lack of accountability for all the violations. The Council then urged Belarus to respect, protect and fulfil all their international human rights obligations and decided to extend for another year the mandate of the United Nations High Commissioner for Human Rights.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) remain extremely concerned about the high number of reports of torture, arbitrary detention, sexual and gender-based violence and all the human rights violation committed by Belarus. We are also deeply worried about the numerous amendments regarding the absentia trial and the possibility to terminate citizenship.
The importance of the demonstrations that took place after the 2020 presidential elections but also after the 2022 referendum and the complicity of Belarus in the Russian invasion of Ukraine showed that the people only aspire to live in a democratic society, led by a democratically elected government.
We call on the government of Belarus to respect fundamental human rights and ensure independent and fair investigations into all human rights violations committed. Indeed, Belarusians must be able to fully and freely enjoy their right to freedom of expression and association without fear of reprisals. We join the Deputy High Commissioner to urge Belarus to re-ratify the Optional Protocol to the ICCPR.
We welcome the work of the High Commissioner for Human Rights and hope that the recommendations contained within her report will be implemented by the Belarusian authorities.
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