BELARUS NEWS AND ANALYSIS

DATE:

15/05/2007

Belarus' Pledges: Fiction and Fact

Analysis of Belarus' Assertions on its Suitability for UN Rights Council Membership

General Assembly resolution 60/251 requires that states "take into account the contribution of candidates to the promotion and protection of human rights and their voluntary pledges and commitments made thereto" in voting to elect members of the Human Rights Council (HRC).

While Belarus has submitted numerous pledges in advance of the upcoming HRC elections, the commitments made by Belarus are flatly contradicted by the findings of the UN itself and other institutions.

Pledge Assertion: "Belarus cooperates and pledges to continue to engage constructively with the United Nations human rights mechanisms: Belarus is committed to fulfilling its international commitments in good faith."

The Reality:

* Just last December, the General Assembly expressed "deep concern" about "the failure of the Government of Belarus to cooperate fully with all the mechanisms of the Human Rights Council, in particular with the Special Rapporteur on the situation of human rights in Belarus." General Assembly resolution 61/175

* "In the accomplishment of his mandate, the Special Rapporteur has encountered, for the third consecutive year, an absolute refusal to cooperate on the part of the Government of Belarus. All efforts made to engage in constructive dialogue were fruitless." Report of the Special Rapporteur on Belarus, January 15, 2007, A/HRC/4/16

Pledge Assertion: "Belarus is firmly committed to active, constructive and transparent cooperation with special thematic human rights procedures, including the provision of all requested information:.The Government of Belarus has undertaken practical measures to implement recommendations made by these mandate-holders."

The Reality:

* "The Government of Belarus : continued to ignore the recommendations made by other special procedures, such as the Working Group on Arbitrary Detention, or by treaty bodies such as the Human Rights Committee." Report of the Special Rapporteur on Belarus, January 15, 2007, A/HRC/4/16

* "At least seven other special procedures mandate holders : made assessments identical to those of the Special Rapporteur on the situation of human rights in Belarus and, concerned by their findings, addressed several urgent appeals to the Government of Belarus. Most of those appeals received no reply, and the few answers that were given were superficial. Thus, all major information having been thoroughly checked, all the concerned special procedures have converged towards the same opinion on the situation of human rights in Belarus." Report of the Special Rapporteur on Belarus, January 15, 2007, A/HRC/4/16

* Hina Jilani, the Special Representative on human rights defenders, and Manfred Nowak, the Special Rapporteur on torture, have both highlighted the fact that they have not been invited to visit Belarus, despite requests to do so. A/HRC/4/33; E/CN.4/2006/95

Pledge Assertion: "Belarus will do its utmost to ensure that all international human rights instruments to which it is a party are fully observed. Belarus will continue its activities to promote and protect human rights."

The Reality:

* "In spite of detailed recommendations by the Organization for Security and Cooperation in Europe and dialogue between the Government and the OSCE following previous elections, Belarus again failed to meet its commitments to hold free and fair elections, including through the arbitrary use of State power against opposition candidates, routine harassment, the detention and arrest of political and civil activists, the obstruction of the access of opposition candidates to State media, the negative portrayal in the State media of opposition candidates and activists, including human rights defenders, and the serious shortcomings of the vote count, which lacked minimum transparency." General Assembly resolution 61/175

* "The Committee finds that the presentation of Belarus as a candidate for the Human Rights Council - alongside Slovenia from the Eastern European group - is nothing less than scandalous, given Belarus' dismal human rights record, and having regard to the criteria established by the General Assembly in Resolution 60/251." Parliamentary Assembly of the Council of Europe Committee on Legal and Human Rights, May 14, 2007

* "We express our serious concern over the deterioration of the human rights situation before, during and after the recent presidential election in Belarus. Specifically, we are alarmed at the large number of violations of the rights to freedom of expression, freedom of association, fair trial, physical and mental integrity and to liberty." Joint Statement of Seven Independent Experts of the United Nations (the Special Rapporteurs on Freedom of Expression, Torture, and Independence of Judges and Lawyers, the Chairpersons of the Working Groups on Arbitrary Detention and on Enforced or Involuntary Disappearances, the Special Representative on Human Rights Defenders, and the Special Rapporteur on Belarus), March 29, 2006

* "Belarus does not respect its obligations under the international human rights instruments to which it has adhered" and "while bearing in mind that all the recommendations addressed to the Belarusian authorities in his 2006 report were ignored, the Special Rapporteur stresses that they remain valid and must be reiterated even if there is no indication that this time they might be accepted and enhanced." Report of the Special Rapporteur on Belarus, January 15, 2007

Source:

http://hrw.org/english/docs/2007/05/15/belaru15938.htm