BACKGROUND NOTE: BELARUS
November 12, 2009

POLITICAL CONDITIONS
 

Since his election in July 1994 as the country's first President, Alyaksander Lukashenka has consolidated power steadily in the executive branch through authoritarian means and has dominated all branches of government. He used a non-democratic referendum in November 1996 to amend the 1994 constitution to broaden his powers and illegally extend his term in office. He began to count his 5-year term in 1996, thereby adding 2 years to his first term in office. Based on the unrecognized 1996 constitution, Lukashenka announced that presidential elections were to be held in 2001. In 2004, he engineered a fraudulent referendum that removed term limits on the presidency. Independent exit polling of the referendum showed results far different from those officially announced. In 2006, Lukashenka "won" another term in an undemocratic election. In January 2007, he further consolidated his rule through local elections that failed to meet international standards.

In October 2000, parliamentary elections occurred for the first time since the disputed referendum of 1996. According to the Organization for Security and Cooperation in Europe's Office for Democratic Institutions and Human Rights (OSCE/ODIHR), these elections failed to meet international democratic standards. International monitors noted sweeping human rights violations and undemocratic practices throughout the election period, including massive vote-counting fraud. These irregularities led the OSCE/ODIHR to find that these elections failed to meet Belarus' OSCE commitments for democratic elections. March 2003 local elections and October 2004 parliamentary elections also failed to meet international standards of freedom and fairness. OSCE/ODIHR observers declared that the parliamentary elections fell far short of international standards, citing abuses in the campaign period and the vote counting.

The March 19, 2006 presidential election marked another low point in the government's treatment of its own citizens. OSCE/ODIHR observers noted that the election failed to meet international standards, was characterized by a disregard for the basic rights of freedom of assembly, association, and expression, and included a highly problematic vote count. Authorities detained many opposition and civic activists during the campaign and used force against demonstrators protesting the fraudulent election. Opposition presidential candidate Alyaksandr Kazulin was beaten and arrested during post-election protests. He was sentenced to a 5-year jail term. The Belarusian authorities released Kazulin on August 16, 2008.

Belarus held parliamentary elections in late September 2008. Despite Belarusian authorities’ public assurances that the elections would be “unprecedentedly” democratic and transparent, the OSCE/ODIHR election observation mission determined the elections fell short of OSCE standards. The authorities denied registration for approximately 20% of opposition candidates as well as candidates overall. While candidates were allotted their mandatory campaign airtime on various media outlets, restrictions on this access made it difficult for candidates to adequately present their platforms to the public. OSCE/ODIHR observers noted good access to polling stations during early voting and election day. However, the Belarusian authorities fell short on access for OSCE/ODIHR and other observers to the vote count, a crucial aspect for determining the transparency of the elections. OSCE/ODIHR observers assessed transparency of the vote count to have been bad or very bad in 48% of observed cases. The OSCE recognized minor improvements in the conduct of the elections, but the lack of a transparent vote count made it impossible to determine the validity of the elections. The Department of State issued a statement following OSCE/ODIHR’s preliminary assessment, expressing disappointment with the failure of the Belarusian elections to meet international standards.

Although government restrictions on basic freedoms spiked in connection with elections, they continued even in non-election periods. Efforts to further infringe upon press freedoms included the continued use of libel laws, restrictions on foreign funding, pressure on businesses not to advertise with independent media, limitations on access to newsprint and printing presses, prohibiting access to state distribution networks, censorship, restrictions on the import of media-related materials, temporary and permanent suspension of independent and opposition periodicals, confiscation in quantity of printed publications, and detention of those distributing such material. In December 2004, the government adopted new legislation establishing criminal penalties for "discrediting Belarus" and organizing activities of an unregistered non-governmental organization (NGO). The government has continued to make use of its monopoly on television broadcasting to present biased news coverage and to minimize the presentation of opposing points of view. All Internet service providers in Belarus operate through a state-controlled portal. Despite constitutional provisions, a 1998 government decree limited citizens' rights to express their own opinions. A new media law came into force in February 2009. The law prohibits Belarusian media outlets from obtaining technical or monetary support from foreign organizations or individuals unless they are co-founders, requires re-registration of most existing media and accreditation of journalists, and subjects online news media to the same requirements as print and broadcast media. These new restrictions threaten to undermine the last outlets of free speech online in Belarus. However, the Belarusian authorities have publicly stated they will in practice suspend the requirements for online media. In late 2008, the authorities took a number of positive steps, including distributing two leading independent newspapers--Nasha Niva and Narodnaya Volya--through state networks, registering the “For Freedom” movement, and creating a public council to engage civil society.

The 1994 and 1996 constitutions both provide for freedom of peaceful assembly; however, the regime severely restricts this right in practice. Demonstrations require an application at least 15 days in advance of the event, and the local government must then respond positively or negatively at least 5 days prior to the event. Applications by opposition groups are usually rejected. Following many unsanctioned demonstrations, police and other security officials detain, harass, and beat demonstration participants. Police also often film sanctioned events.

The constitution provides for freedom of religion; however, the authorities restrict this right in practice. Although Article 16 of the 1996 amended constitution reaffirms the equality of religions and denominations before the law, it also contains restrictive language stipulating that cooperation between the state and religious organizations "is regulated with regard for their influence on the formation of spiritual, cultural, and country traditions of the Belarusian people."

The government also restricts religious freedom in accordance with the provisions of a 2002 law on religion and a 2003 concordat with the Belarusian Orthodox Church (BOC), a branch of the Russian Orthodox Church (ROC) and the only officially recognized Orthodox denomination. Although there is no state religion, the concordat grants the BOC privileged status. Protestants in particular have attracted negative attention. Numerous anti-Semitic acts and attacks on religious monuments, buildings, and cemeteries have occurred with little discernable response from the government. Authorities have kept many religious communities waiting as long as several years for decisions about property registration or restitution. Authorities also harassed and fined members of certain religious groups, especially those that the authorities appear to regard as bearers of foreign cultural influence or as having a political agenda. Foreign missionaries, clergy, and humanitarian workers affiliated with churches have faced many government-imposed obstacles, including deportation and visa refusal or cancellation.

On December 17, 2007, President Lukashenka abolished exit stamps in favor of a computerized system that verifies the validity of passports. At the same time, however, he authorized the Interior Ministry to ban travel by individuals who had access to state secrets, who were facing criminal prosecution or civil suits, and who had outstanding financial commitments. The travel ban list allegedly has 100,000 names. Several opposition leaders and activists are subject to this travel ban and have been prevented from temporary travel abroad.

The constitution provides for the right of workers, except for state security and military personnel, to voluntarily form and join independent unions and to carry out actions in defense of workers' rights, including the right to strike. In practice, however, these rights are limited. The Belarusian Free Trade Union (FTUB) was established in 1991 and registered in 1992. Following the 1995 Minsk metro workers strike, the President suspended its activities. In 1996, FTUB leaders formed a new umbrella organization, the Belarusian Congress of Democratic Trade Unions (BCDTU), which encompasses four leading independent trade unions and is reported to have about 15,000 members. In late 2003, the BCDTU became a member of the International Confederation of Free Trade Unions (ICFTU).

In May 2001, a complaint was lodged with the International Labor Organization (ILO) by several trade union organizations alleging the government was attempting to destroy the independent unions. A campaign was carried out to raise international awareness about trade unions and to put pressure on the Belarusian authorities. Late in 2001, the regime attempted to further restrict the unions by refusing to turn over dues paid by members. Once it became clear that the unions and the FTUB were adjusting to this change, the government embarked on a takeover of the FTUB and several of its branch unions in June of 2002. The FTUB subsequently became an arm of the government, and the election of Leonid Kozik to the position of Chairman of the FTUB has been challenged by the ILO.

In November 2003, the ILO approved the establishment of a Commission of Inquiry to investigate alleged serious violations of workers' rights in the country. That same month the Ministry of the Economy informed the ILO that all activities related to its technical assistance project to labor unions must cease because the registration of the project was denied. In 2004, the ILO presented the government with a list of 12 recommendations to improve its treatment of independent unions. A January 2006 ILO mission found that the government had not implemented any of these recommendations. As a result, in June 2007, the European Union (EU) suspended Belarus' trading preferences under the Generalized System of Preferences (GSP). The United States had suspended GSP preferences in 2000 due to Belarus' failure to take steps that would allow the right of association and collective bargaining.

In March 2004 the government began forcing state employees (some 80% of Belarusian workers) to sign short-term work contracts. Although contracts may be concluded for a period of five years, most expire after one year, which essentially grants the government the opportunity to annually fire anyone in its employ. Many members of independent unions, political parties, and civil society groups have lost their jobs when their contracts were not renewed.