KCL MUN Study Guide - Human rights violations in Belarus (24/01)

KCL Model United Nations Society 2011/2012

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HUMAN RIGHTS VIOLATI ONS IN BELARUS

STUDY GUIDE

FOR

THE SIMULATION OF THE UN HUMAN RIGHTS COUNCIL

Originally created for the 5th annual session of the Warsaw Model United Nations

October 2011, Warsaw

Authors: Piotr Gałązka, Katarzyna Bużańska

Adapted by: Adam Malczak


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UN Human Rights Council

The United Nations Human Rights Council (UNHRC, HRC) is a subsidiary body of the

UN General Assembly, designed to act withing the UN system in order to promote and

protect human rights principles in all Member States. The seat of the Council is in Geneva,

Switzerland.

It was established by the General Assembly in 2006, replacing the former United Nations

Commission on Human Rights. This change in the UN system was enforced by some of the

Member States, chiefly the US, European Union and members of the UN Secretariat, seeing

the Commission more of a farce, where countries repeateadly violating Human Rights were

allowed to join due to the confusing regional seat allocation procedures. Such countries could

therefore block the resolutions unfavourable towards their own policies or the policies of the

allies, hence distorting the very idea of the Human Rights protection.

The Council composes of 47 members (states), elected for a three-year term by the General

Assembly. Membership of the Council is divided amongts the UN regional groups (similarly

to the ECOSOC or the Security Council to some extent).

The General Assembly is entitled to suspend any member of the Council which persistently

abuses Human Rights and violates the very principles and standard of the Council. Recent

example of such actions is the suspension of Libya following Col. Gaddafi’s fierceful

response to the 2011 uprising.


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Post-Soviet Belarus– a brief introduction

Belarus proclaimed its sovereignty from the Soviet Union on the 27th July 1990. The political

system was transformed into a democratic, presidential system, however allowing for some

authoritarian characteristics to develop.

Belarus was the founding member of the Commonwealth of Independent States (CIS), which

was created to fill the geopolitical vacuum that appeared after the dissolution of the Soviet

Union. The CIS composes chiefly of the former Soviet republics in Asia, Belarus and the

Russian Federation as a major partner. Moreover, in 1996, Russia and Belarus formed what is

called the Union State – a supranational legal entity that binds these two states together.

Although the Union has its own intergovernmental bodies, they have shown little influence on

the relations between the countries, which is rather based on the personal relations between

the heads of state of Belarus and Russia. Yet, it was recently announced that both countries

seek the deepening of the Union, joint Constitutional Act and the possible extension in the

future (to include more CIS countries).

Since his election as the country's first president in July 1994,

Alexander Lukashenko has steadily consolidated his power

through authoritarian means. Only in 1996 he enforced a change

to the constitution that extended his term in office to 7 years

without new elections. Government restrictions on freedom of

speech and the press, peaceful assembly, and religion remain in

place. Belarus, republic in name, although in fact a dictatorship,

as some say, is viewed as a rogue state by the United States and

European democracies, i.e. the one whose conduct is out of line with international norms of

behaviour and whose regime is considered to grossly violate human rights.

Some of the most notable recent examples were the harassment of the Union of Poles in

Belarus which represents ethnic Poles in the region; and abduction, unlawful detainment and

torture of a prominent American lawyer Emanuel Zeltser as well as his assistant, and free-

lance journalist, Vladlena Funk during the US - Belarus hostage crisis in 2008-2009.


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Religious, political and journalistic activity is tightly controlled. Other alleged human rights

violations have included the digging up of a Jewish cemetery in order to build a sports

stadium. Concerns have also been raised by the UCSJ (Union of Councils for Soviet Jews)

among others, of Lukashenka’s alleged use of Neo-Nazi thugs in intimidating opposition

supporters during general elections. There have also been accusations of

widespread spying on ordinary people and minority groups, in what commentators have called

a manner reminiscent of the Soviet Union.

The US Department of State repeatedly criticised Lukashenka’s totalitarian regime, describing

it as a brutal, authoritarian dictatorship that blatantly ignores human rights and fundamental

freedoms. Numerous assessments of the United Nations, United States and European and

Euro-Atlantic organisations demonstrate Belarus’s disregard for human rights, lack of

independent judiciary, subservience of Belarusian courts to Lukashenka’s administration and

members of Lukashenka’s corrupt inner-circle; routine use of Belarusian judiciary as an

artifice for accomplishing improper political objectives and accommodating the private

interests of the powers that be.

United Nations Human Rights Council noted that Belarusian political system is incompatible

with the concept of human rights. Belarus has been dabbed the last true remaining dictatorship

in the heart of Europe by the US Secretary of State Condoleezza Rice.

Belarus is subject of US sanctions for “undermining democratic process and constituting an

unusual and extraordinary threat to the national security and foreign policy of the United

States”. It is also subject of the sanctions imposed by the European Union for egregious

human rights violations. Although the popularity of A. Lukashenko is still visible amongst the

poorest classes of the society, all his bids for reelection (in 2001, 2006 and 2011) were dubbed

us unlawful and the elections labelled “entirely undemocratic”.

Belarus has been repeatedly determined to be a habitual violator of international laws of

human rights and universally accepted norms of international behaviour by the UN, US, the

Organization of Security and Cooperation in Europe (OSCE), the OSCE Parliamentary

Assembly, the Council of Europe, the Parliamentary Assembly of the Council of Europe, the

European Council, the European Parliament, the European Commission, and the NATO

Parliamentary Assembly. As stated by the UN Special Rapporteur on Belarus “it is impossible


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to believe that all these people are wrong or biased”.

Insight into the Human Rights Situation

Lukashenka’s regime's recent violent break-up of peaceful demonstration of tens of thousands

of people, following fraudulent December 2010 election has stunned people around the world.

On 31 January 2011 the European Union and the United States announced continuation of the

previous sanctions and imposition of new sanctions against Lukashenka and his inner circle.

Resolution of the EU Parliament provides that EU Parliamentary Assembly “is dismayed by

the unprecedented wave of violence, intimidation, mass arrests and prosecution of political

opponents, human rights defenders, media workers, students and citizens of Belarus that

followed the announcement of the results of the presidential election that took place in

Belarus on 19 December 2010. Over 600 people were arrested, including presidential

candidates, whereas assaults and searches were carried out in the homes of opposition leaders,

human rights defenders and journalists as well as on the premises of several non-

governmental organisations and media outlets. In the month that followed the election, the

crackdown continued in a more targeted way and today still shows no signs of relenting.

One of the more notable recent examples of Belarusian government’s violation of human

rights and international norms is abduction, unlawful detainment and torture of a prominent

American lawyer Emanuel Zeltser and his assistant and free-lance journalist Vladlena Funk.

As was widely reported, on 11 March 2008, Mr. Zeltser and Mrs. Funk had been abducted in

London UK by the Belarusian KGB operatives. Both were drugged and secretly and

transported to Belarus aboard a private jet belonging to Boris Berezovsky, a notorious Russian

“oligarch” and close friend of Lukashenka - wanted by the Interpol for fraud, money

laundering, participation in organised crime and transnational financial crimes. Upon landing

in Minsk, Belarus, Mr Zeltser and Ms Funk had been detained by the personal guard of

Alexander Lukashenka according to the US Department of State. Mr Zeltser and Mrs. Funk

were transported to “Amerikanka”, the Belarusian dreaded KGB detention facility of the

Stalin era. There both had been repeatedly tortured, denied critical medications and told that

they would remain in captivity indefinitely unless the United States lifts sanctions against Mr.

Lukashenka and Belneftekhim. Mr. Zeltser and Mrs. Funk had been held hostage by the


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Belarusian KGB for 473 days and 373 days respectively.

According to the Belarusian Criminal Code it is illegal to act in the name of an unregistered

organization. Most human rights organizations find it difficult to register with the Ministry of

Justice. On 4th

of August 2011 the arrest of the Chair of a non-governmental human rights

organization Viasna, Ales Bialatsky, charged with tax evasion took place. The arrest was

supposedly a result of information obtained from Lithuanian and Polish authorities about

Bialatsky’s bank accounts opened in these countries to fund his organization. The arrest

though seems connected to the resent unrest in Belarus after the December elections and is a

means of preventing Viasna from actions against the government.

Preoccupied by the recent “silent protests” against the state on July 29th

2011 the authority

issued a new law that requires permission from the government in order to carry out

gatherings with a political context whether active or inactive. The right to arrest citizens on

charge of standing is incomprehensible.


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UN view

The UN Human Rights Council 2007 Report notes that the Special Rapporteur has

encountered, for the third consecutive year, an absolute refusal to cooperate on the part of the

Government of Belarus. The situation of human rights in Belarus is constantly deteriorating.

The Government of Belarus did not consider any of the recommendations made by the

Special Rapporteur and treaty bodies such as the Human Rights Committee.

Remarkably, the UN Special Rapporteur noted that “the political system of Belarus seems to

be incompatible with the concept of human rights” and that “the Human Rights Council

should either call for the democratization of the political regime and a change in the political

behaviour of the Government [of Belarus] or admit that Belarus’ human rights record cannot

be improved because the human rights violations are consistent with the political nature of the

regime.” The UN Special Rapporteur states that “Belarus does not respect its obligations

under the international human rights instruments to which it has adhered” and reiterates his

recommendation “that the Security Council should adopt appropriate measures to ensure the

respect by the Republic of Belarus of its legal obligations”.


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EU view

In March 2006 the European Council imposed sanctions on Lukashenka and other members

of Belarusian government and condemned the action of the Belarus authorities in arresting

peaceful demonstrators exercising their legitimate right of free assembly to protest at the

conduct of the Presidential elections.

On 10 April 2006, the Council decided to adopt restrictive measures against President

Lukashenka, the Belarusian leadership and officials responsible for the violations of

international electoral standards and international human rights law, as well as for the

crackdown on civil society and democratic opposition. These individuals should be subjected

to a visa ban and possible further targeted measures.

In its subsequent 8 November 2006 Declaration, the Council stated that the European Union is

“deeply concerned” about imprisonment of political leaders which show the “Belarusian

authorities’ repeated unwillingness to respect international human rights standards, especially

the right to a fair trial. The European Union also expresses its concern about the denial of

access of observers to the trial.”

KCL MUN Study Guide - Human rights violations in Belarus (24/01)

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