HRC54: Human rights situation in Belarus remains catastrophic
The 54th Session of the Human Rights Council
11 September- 13 October 2023
Item 4: Human rights situation that require the Council’s attention
Interactive dialogue, mandated in resolution 52/29 on an interim oral update of the High Commissioner on the situation of human rights in Belarus in the run-up to the 2020 presidential election and its aftermath
22nd of September 2023
By Teboho Mosebo/ GICJ
Executive Summary
On the 22nd of September 2023, the 20th meeting of the Regular Session of the Human Rights Council considered the report of Ms Nada Al-Nashif, UN Deputy High Commissioner for Human Rights on the situation of human rights in Belarus, during an interactive dialogue.
The Deputy High Commissioner commenced the interactive dialogue by presenting the findings of her latest report that her office has observed in Belarus’ human rights situation. Ms. Al- Nashif first outlined that the human rights situation in Belarus remained grave and showed no signs of improvement since the August 2020 Presidential elections. She then highlighted that instead of things getting better, they witnessed the shrinking of civic space and the continuing lack of respect for fundamental freedoms, evidenced by a campaign of violence and repression against individuals who opposed the Government, or were perceived to be doing so through their critical expressions or independent views. In her oral update, Ms. Al-Nashif also expressed a deep concern about conditions of detention, particularly those charged or convicted on politically motivated charges.
Ms. Al-Nashif emphasised that their Office deeply regretted the Government’s ongoing lack of cooperation and highlighted that urgent actions were needed, including the prompt release of detainees and prisoners charged on politically motivated grounds. She further called an end to the systematic repression of civil society, independent media, and opposition groups. The Deputy High Commissioner also called for prompt, effective, thorough, independent, impartial and transparent investigations into past human rights violations, ensuring appropriate remedies and holding those responsible to account. She also indicated that Member States should actively support other forms of accountability, notably through national proceedings of extraterritorial and universal jurisdiction, consistent with international law.
Many delegations, speakers and civil society organisations strongly condemned the ongoing human rights violation in Belarus. A grave concern was shared on the use of repression against those in exile and detention, deportation of Ukraine children to Belarus, unlawful deprivation of liberty, torture and ill-treatment as well as sexual and gender based violence. Moreover, one of the things that seriously concerned many delegation was the decision of Belarusian authorities to stop the issuing of passports and IDs to Belarusians living abroad, which makes life substantially more difficult for them. The widespread and systematic violation of international human rights law in Belarus troubled a significant number of delegations. In solidarity and more numbers, NGOs and other delegations called on Belarus for the immediate and unconditional release of all persons who are detained on politically motivated charges.
Geneva International Centre for Justice (GICJ) strongly condemns the continuing systematic and widespread violations of human rights in Belarus. GICJ stands against arbitrary detention of political leaders, civil society organisations, lawyers, journalists and media workers, religious figures and other critical voices. Belarus should refrain from intimidating and using excessive force on individuals and groups who oppose some of the Government’s decisions. We call upon Belarus to stop reprisals against the detainees and people in exile. Impunity must not prevail in the country. People should be permitted to exercise their right to freedom of expression and hold peaceful assemblies and associations. Lastly, GICJ urges Belarusian authorities to release all political leaders and individuals who were held on politically motivated charges and implores the regime to respect its international human rights obligations.
Background
A/HRC/RES/52/29 is a resolution adopted by the Human Rights Council on the 4th of April 2023 and it also assessed the situation of human rights in Belarus from the run-up to the 2020 presidential election and its aftermath. The HRC guided by the purposes and principles of the UN Charter, the provisions of the Universal Declaration of Human Rights and International Covenants on Human Rights recalled all resolutions adopted by the Commission on Human Rights, the General Assembly and the Human Rights Council on the situation of human rights in Belarus. This also included Council resolution 49/26 of the 1st of April 2022 and Resolution 50/20 of the 8th of July 2022, and all relevant statements made by the United Nations High Commissioner for Human Rights (UN HCHR), the Office of the Secretary-General and special procedure mandate holders of the Human Rights Council (HRC) on the deteriorating situation of human rights in Belarus.
Lastly, the HRC recalled its commitment to the sovereignty and independence of Belarus and also reaffirmed that it is the responsibility of each State to promote, respect, protect and fulfil human rights in accordance with its obligations under international human rights law (IHRL). The HRC regretted the inadequate response and lack of cooperation by the Belarusian authorities to the reports made by the HRC in the above mentioned resolutions and by the UN OHCHR, as well as of the recommendations made in the report under the Moscow Mechanism of the Organisation for Security and Cooperation in Europe and to its Vienna Mechanism.
Statement of the UN Deputy High Commissioner
The Deputy High Commissioner of Human Rights, Ms. Al-Nashif provided her update on the human rights situation in Belarus, in accordance with Resolution 52/29.
Ms. Al-Nashif expressed her grave concern on the human rights situation in Belarus because even after three years from the contested Presidential elections of August 2020, the situation has not yet improved. She highlighted that systematic impunity continues to allow those who are responsible for gross human rights violations to evade accountability for their actions. The documentation of the OHCHR revealed an ongoing and distressing pattern of arbitrary arrests and prosecutions on trumped-up charges, the targeting of various segments of society, including government critics, human rights defenders, journalists, academics, trade unions, religious figures, lawyers, members of minorities, and others who seek to exercise their fundamental rights.
There was deep concern about the conditions of detention, in particular for those held on politically motivated charges. Since the last update, the authorities have further tightened their already far-reaching control over civic space. Recent legislative proposals, if adopted, would pose significant threats to communities and individuals, exposing them to discrimination and harassment. Ms. Al-Nashif highlighted that against such grim background, the situation in Belarus has forced an estimated minimum of 300,000 people to leave the country since May 2020, and the repression was increasingly extending beyond the borders of Belarus, targeting those who have already left the country. She also outlined that as of September 2023, the Belarus authorities’ crackdown on those critical or perceived to be critical of the Government has resulted in over 3,750 individuals being convicted in trials characterised by severe and disproportionate prison sentences, with little regard for due process, or indeed, the right to a fair trial.
The Office deeply regretted the Government’s ongoing lack of cooperation. The Deputy High Commissioner called for action, including the prompt release of detainees and prisoners charged on politically motivated grounds. “Human rights violations, including the systematic repression of civil society, independent media, and opposition groups, must end”, said Ms. Al-Nashif. She also touched the issue of amendments to the criminal code made in 2022 and noted that trials in absentia are now possible and have been conducted against prominent political opponents and individuals currently residing in Belarus. Ms. Al-Nashif said that inside Belarus, 1500 individuals are currently detained on charges that the Office believes to be politically motivated.
Ms. Al-Nashif said the Office is also concerned about detainees (both men and women) being subjected to torture, including beatings, overcrowding, sleep deprivation, denial of access to medical care, repeated solitary confinement and unsafe or exploitative compulsory labour. In addition, some detainees in Belarus were subjected to severe psychological violence, including death threats, rape threats, sexually abusive comments, insults, and other forms of abuse. The Deputy High Commissioner highlighted that high opposition figures and human rights defenders are held incommunicado, and on the other hand, the increasing difficulty of detainees to access legal assistance was a concern. She indicated that over 100 lawyers have been disbarred since 2020 while over 200 others decided to leave the profession. Another concern for the OHCHR was the reports of deaths in detention where the Office reminded the Belarus Government of its special responsibility for the safety and health of all persons in custody.
Ms Al-Nashif concluded by calling for effective, thorough, independent, impartial and transparent investigations into past human rights violations, ensuring approapriate remedies and holding those responsible Accountable. In light of the prevailing impunity in the country, Member States were urged to actively support other forms of accountability, notably through national proceedings based on established principles of universal jurisdiction, consistent with international law. Lastly, Deputy High Commissioner extended acknowledgement and gratitude to many victims, survivors, members of civil society who have often undergone deeply painful experiences, who were in cooperation with their Office. She also sent gratitude to their experts Karinna Moskalenko, Susan Bazilli, and Monika Platek for their invaluable advice to the Office in discharge of the mandate, and for the continued support by the Council’s Special Rapporteur on Belarus.
Interactive Dialogue
The delegate of Belarus, speaking as a country concerned, said the Council has again been presented with another report based on unreliable sources and biased conclusions. The delegate stated that the report continued to exaggerate Western interpretations of the 2020 Presidential election. The delegate further highlighted that the experience of the ‘’colour revolution’’ in Belarus was a stress test that the country has passed and used as an incentive for further political and civil development. Moreover, she emphasised that Belarus has adopted Constitutional reform and modernised legislation to strengthen the constitutional order. The delegate then mentioned that, however, the reaction of the Office of the High Commissioner and Special Procedures to the reforms was reduced to rabid criticism in the line with the campaign of disinformation launched by a number of Western countries against the Belarusian State.
The Belarusian delegate further boldly stated that the accusations of presence of political prisoners in Belarus, arbitrary detentions, torture and arrests were politically motivated and unfounded. She also emphasised that crimes against national security, attacks on the police, and financial crimes in Belarus were punished no more severely than in the European Union, United States of America, and the United Kingdom. Furthermore, according to the delegate, accusations of harassment of civil society were false, as there are more than 2000 non-governmental organisations active in Belarus, and neither the resolutions, nor the sanctions enacted against Belarus were effective.
The delegate concluded by outlining that there is a way out of the current impasse and requested the Council to respect the choice of the Belarusian people and their right to independently choose their path and development. Lastly, she indicated that Belarus is ready to discuss any problems, but would only undertake dialogues with those who respect the Belarusian people, their choices, traditions and national interest.
The delegate speaking on behalf of Nordic and Baltic countries highlighted that the human rights situation in Belarus is catastrophic. He stated that Belarusian authorities violations against civil society actors, human rights defenders, lawyers, journalists and media workers, anti-war protestors and opponents of the Belarusian authorities were increasingly massive and systematic. The delegate also commented on the decision by the Belarusian authorities to deter citizens from renewing their passports abroad and said this further deepens repression against Belarus people and those in exile also face shame in absentia trials. The Nordic and Baltic countries called upon Belarus for immediate and unconditional release of all arbitrarily detained persons. Furthermore, the delegate emphasised that they will continue their international efforts to hold Belarusian accountable for the violation of international law committed in relation to the Russian illegal war of aggression against Ukraine.
In conclusion, he took note of reports that indicate systematic large scale actions by Belarusian authorities to deport young Ukrainian children to Belarus. Lastly, he said these actions including illegal training of young children and eradication of their identities constitute as a violation of the rights of the Child and international law.
The European Union delegate also condemned the systematic and widespread abuses of international human rights law in Belarus, particularly the unlawful deprivation of life and liberty, torture, ill-treatment, as well as sexual and gender based violence. According to the EU, some of these violations may amount to crimes against humanity. The EU delegate condemned the assault of Belarusian civil society, media journalists, persons belonging to religious minorities, trade unions, as well as human rights defenders. The delegate expressed strong concern regarding the increase of incommunicado detentions and urged Belarus authorities to immediately and unconditionally release all prisoners detained on politically motivated charges. Lastly, she called on Belarus authorities to stop enabling the Russian war of aggression against Ukraine and also condemned the Russian deportation of Ukraine children to Belarus and the use of migrants for political purposes.
The delegate of Belgium, speaking on behalf of a group of countries, condemned the continuous systematic and widespread violation of human rights in Belarus, particularly the arbitrary detention with more than 1500 political prisoners currently detained. The delegate strongly urged the regime to immediately and unconditionally release them. Additionally, the delegate expressed extremely worry about the forced disappearances, torture and ill-treatment, sexual violence, excessive use of force by law enforcement, sometimes resulting in death. These crimes are targeting opposition figures in a climate of total impunity. He further highlighted grave concerns about the ongoing crackdown on independent journalists, human rights defenders and organisations, as well as the eradication of the civic space.
In his conclusion, the delegate pointed out that even in exile, many Belarusians cannot escape reprisals as the regime recently decided to stop issuing passports to Belarusians living abroad, trying to force them to return to the country, for administrative support. This then, was a risk to the exposure to reprisals and retaliation. Lastly, the delegate of Belgium reiterated and condemned direct involvement of Belarus in vicious war by Russia against Ukraine.
On the other hand, the delegate of Liechtenstein also commented on the issue of human rights violation in Belarus. The delegate expressed concern about the continuation of the shrinking of the civic space. He stated that civil society organisations and trade unions have been forced to shut down, human rights defenders were arrested and faced shrinking health in detention, incommunicado detention as well as ill-treatment. The Liechtenstein delegate said the lack of accountability in Belarus creates fear among the victims and families and the wider population alike.
The delegate once again urged Belarus authorities to conduct independent, impartial, and credible investigations into all alleged serious human rights violations. Like many other delegations, the delegate of Liechtenstein called upon Belarus to release all political prisoners immediately and unconditionally, and fully cooperate with the UN mandates mechanisms on the human rights situation in Belarus. Lastly, with respect, the delegate said they share the need for independent investigative mechanism into the situation in Belarus which has a broader mandate and is sufficiently funded.
The delegate of the Czech Republic was also given the platform and aligned itself with the EU statement. The delegate said Czechia is deeply troubled by the widespread systematic repression against all sectors of civil society in Belarus. She highlighted that human rights defenders, journalists, lawyers and other critical voices are brutally silenced, detained on politically motivated charges and tortured. She further stated that it was blood-freezing to hear about inhumane conditions in prison and the increase of incommunicado detentions. Equally shocking, was the unfair extension of the scope of application of the death penalty. The delegate called upon Belarus to comply with the international obligations and uphold human rights.
Consequently, a call was made for unconditional release of each and every political prisoner, including members of Viasna Human Rights Centre. The delegate expressed concern about the recent oppressive decision disabling Belarusians from obtaining travel documents. She concluded by reminding Belarus that in early 2023, they expressed the invitation to come and visit the country and further called on Belarus authorities to extend such invitation to the OHCHR and Special Rapporteur.
The delegate of Austria also strongly condemned the systematic and widespread violation of international human rights law in Belarus and urged Belarus to hold repression against all sectors of society and cease reprisals as well as harassment against individuals exercising their human rights. The delegate also condemned Russia’s unlawful deportation of Ukrainian children to Belarus and called on Belarus to immediately ensure their safe return. Austria reiterated its call for Belarus to respectively protect and fulfil human rights in compliance with that obligation and international human rights law, and to fully cooperate with Special Procedure and other international human rights mechanisms.
The delegate further called on Belarus to ensure that international fair trial standards were met and for the Government to provide access to independent monitors to all places of detention. Lastly, Austria reiterated their call for the immediate and unconditional release of all political prisoners and for Belarus to resume all country visits to Belarusians abroad.
The delegate of Costa Rica thanked the Deputy High Commissioner for her report, which confirmed that the human rights situation in Belarus continues to be out of control with political repression continuing. The delegate of Costa Rica expressed alarm at the Belarusian Government’s call which allowed for IDs or passports to be revoked and raised that this will leave Belarusian civilians unable to return home, and stranded, unable to update their documents. She highlighted that Belarus continued to carry ill-treatment of political prisoners and denied them proper medical treatment. The delegate called on Belarus authorities to release political prisoners and make sure that human rights defenders could do their work without fear of reprisal.
The Croatian delegate emphasised that unnecessary force and ongoing reprisals in Belarus by Belarus authorities against anti-war protestors and detention of thousands of people in the past 3 years, followed by harsh prison sentences for human rights defenders were worrisome. The delegate indicated that severe and disproportional sentences were used against opposition leaders, journalists, human rights defenders, lawyers and others. On the other hand, others have been kept in detention on politically motivated grounds and heavy restrictions to the freedoms for associations, peaceful assembly and expression, including the serious consequences the independence of the judiciary has on human rights.
The delegate of Croatia further commented on the Presidential decree in Belarus ordering its diplomatic missions to stop renewing or extending passports and said that this was going to affect many thousands, especially by fleeing or leaving in exile. Croatia called on Belarus to stop the prosecution and detention of human rights defenders as well as people representing critical voices in the country and to commit to its international human rights obligations.
The USA delegate strongly condemned the Belarus campaign of violence and repression against pro-democracy activists since 2020 Presidential elections. The delegate noted that 3 years into the systematic crackdown, authorities have prosecuted more than 4,310 persons on politically motivated grounds, including many media outlets. The extremists in Belarus forced the shutdown of all NGOs and political parties. The delegate condemned the unjust detention of 1,500 political prisoners, with many held incommunicado, deliberately held in deplorable conditions and denied necessary medical access. The inhumane treatment which led to deaths in prison due to the failure of allowing emergency medical attention by Belarusian authorities, was also a grave concern. The USA also joined other countries by calling for the immediate and unconditional release of all political prisoners in Belarus.
Lithuania also aligned itself with the EU and Nordic & Baltic countries’ statements. The delegate opened by saying they continue to witness impunity as the scale and scope of human rights violations reportedly named as a crime against humanity. He highlighted that currently, there are over 1,500 political prisoners, civil society, journalists, media workers and human rights defenders in exile continue to face severe depression. Persons belonging to the international minority in Belarus also continue to face discrimination in education and their linguistic rights are violated. The Lithuanian delegate further stressed that schools of national minorities are forced to change the language of instruction to Russian or Belarusian and cultural associations are closed. Lithuania also condemned instrumentalisation of migrants by Belarus authorities for political purposes, using them as leverage or destabilising action on the Eastern border of the EU and that such acts endanger the very same lives of migrants.
Switzerland said that the precarious human rights in Belarus has further deteriorated. Human rights violations are ever more visible in their constitution and legislation. The Swiss delegate stated that they are especially concerned by the abusive use of extremism and terrorism to restrict the right to freedom of expression. The aim of this is to justify extreme surveillance of social networks and lead to arbitrary arrests and unjust sentences. The delegate further condemned the closing of civil society organisations under the guide of public security and obstacles to their human rights promotional activities. Moreover, he highlighted that now people in exile can be deprived by the Belarusian authorities based on sentences handed down to them in absentia.
The delegate’s final remarks expressed concern about the risks of statelessness such measures implies. Furthermore, he emphasised that diversity of public opinion is one of the most important features of democracy. Lastly, Switzerland called on Belarus to end legal harassment of all human rights defenders, civil society organisations. The delegate closed by asking the panel how the international community can contribute to the human rights situation in Belarus.
The German delegate highlighted that since the 2020 elections, Belarus has continued attempts to silence those who speak or stand up against the Government, preventing any form of opposition. The delegate singled out the arrest of the most outspoken Nobel Prize winner and activist, Ales Bialiatski, who was one of the 1,500 political leaders detained and was sentenced to 10 years in prison. Germany called for his immediate and unconditional release
and that of other political leaders. The delegate emphasised that they stand in solidarity with those deprived of their fundamental human rights and freedoms, raising their voices against Belarus’s involvement in the Russian War of aggression against Ukraine. He concluded by mentioning the alarming evidence of human rights violations under international law and emphasised that all perpetrators must and will be held accountable. Lastly, “impunity must not prevail in Belarus”, stated the German delegate.
Malta, was also one of the Member States given the platform and deplored the deteriorating human rights landscape in Belarus, including the systematic violation of international human rights law, suppression of freedom of expression, peaceful assembly and association. Malta condemned the prosecution of human rights defenders, journalists, civil society organisations among other independent actors in Belarus. The delegate further strongly condemned the systematic and widespread torture and other cruel, inhumane, degrading treatment and punishment, as well as sexual and gender based violence. The delegate of Malta urged Belarus to cooperate with international human rights mechanisms to implement the recommendations of the High Commissioner and engage in constructive dialogues with international partners towards fulfilling its obligation and improving the human rights situation in the country.
Many civil organisations welcomed the report of the High Commissioner on the situation of human rights in Belarus. However, a significant number of them were strongly concerned about the continuing unhealthy situation in Belarus, especially with the detention of political leaders, torture and ill-treatment of those in exile, as well as the oppressive decision by Belarusian authorities to revoke the passports of Belarusians living abroad among others. A grave concern was shared regarding the systematic and widespread violations of international human rights law and the delegations urged Belarus to respect its international obligations and immediately and unconditionally release those with politically motivated charges.
Among the questions raised were: how could the international community help ensure the safe return of Ukrainian children to Ukraine? Could the High Commissioner provide more details on the amendments to the law on citizenship? How could the international community best support Belarusians who have been forced into exile? How could the international community strengthen its accountability measures to prevent further human rights violations, including those against national minorities and migrants? How could States help support the fight against impunity that prevailed in Belarus? And lastly; how could the international community contribute to an improvement of the human rights situation in Belarus?
Concluding remarks
In her conclusion, Ms. Al-Nashif called for prompt, effective, thorough, independent, impartial and transparent investigations into past human rights violations, ensuring appropriate remedies and holding those responsible accountable. In light of the prevailing impunity in Belarus, the Deputy High Commissioner outlined that Member States should actively support other forms of accountability, notably through national proceedings based on established principles of extraterritorial and universal jurisdiction, consistent with international law.
Moreover, Ms. Al-Nashif expressed acknowledgement and gratitude to the many victims, the survivors the members of civil society who have shared their often deeply painful experiences, in cooperation with their Office. She lastly expressed gratitude to their experts Karinna Moskalenko, Susan Bazilli, and Monika Platek for their invaluable advice to the Office in the discharge of the mandate, and for the continued support provided by the Council’s Special Rapporteur on Belarus.
Position of Geneva International Centre for Justice.
Geneva International Centre for Justice (GICJ) expresses gratitude to the Office of High Commissioner for its efforts in making sure that the human rights situation of Belarusians living abroad is resolved. GICJ strongly condemns the excessive practice of torture, ill-treatment, denial of medical attention, and sexual and gender-based violence against individuals and groups who are in exile and detention. We further condemn the oppressive decisions by the Belarusian authorities, including the Government’s decision to revoke passports, deportation of Ukraine children to Belarus and Belarus's direct involvement in the Russian war of aggression against Ukraine.
GICJ further calls upon Belarus to immediately and unconditionally release those who were detained on politically motivated charges. We reiterate and remind the Government of Belarus to respect fundamental human rights and its international obligations. GICJ urges Belarus to consider implementing some of the recommendations provided by the Office of High Commissioner and cooperate with other important international human rights mechanisms in order to effectively deal with the catastrophic human rights situation in the country.
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