The Observatory : Belarus : Obstacles to freedom of association

Belarus

August 14, 2009

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Belarus.

New information:

The Observatory has been informed by reliable sources about the judgment issued by the Supreme Court confirming the decision of the Ministry of Justice to deny the registration of the organisation “Nasha Viasna”.

On August 10, 2009 the trial began before the Supreme Court of Belarus, which issued its ruling on August 12. “Nasha Viasna” was challenging the denial of registration issued by the Ministry of Justice in May 2009 (see background information).

Following the refusal of the Belarusian authorities to issue a visa to FIDH President Souhayr Belhassen, the Observatory sent an international observer, who reported on the violations of international human rights standards noted throughout the hearings.

Both parties could present their arguments.

The Ministry of Justice criticised minor details in Nasha Viasna's application, such as the place of work of the applicants. On that particular issue, the applicants argued that what the Ministry called “misleading information” on the identities of the founding members merely amounted to “clerical errors”[1].

The Ministry of Justice further declared that the letter of guarantee for the NGO's future premises was not legally valid. The applicants pointed that the Ministry had not raised any objection on the same letter in previous proceedings.

The Prosecutor sat ex officio at the hearings, and stated that there were enough drawbacks to refuse the registration of the organisation, thus supporting the Ministry of Justice’s position.

The Observatory underlines that the ICCPR (Article 22.2) provide that no restrictions may be placed on freedom of association other than those which are necessary necessary in a democratic society.

In the present case, only particularly convincing reasons could have justified the restriction by the authorities to the right to freedom of association of “Nasha Viasna”, considering that participating in the activities of an unregistered association is a crime in Belarus (Article 193.1).

The Ministry's decision to deny the registration of “Nasha Viasna” – which has now given a criminal character to its members' activities – has led to an interference in the association's activities that is far from being proportionate to the alleged “irregularities”.

Supreme Court Judge Anatol Tserakh followed the Ministry and Prosecutor's reasoning, in spite of it being manifestly contrary to international human rights standards, and did not address the applicants’ arguments. The verdict confirming the denial of registration for “Nasha Viasna” has led to the risk of having its members arrested at any time.

The Observatory vehemently denounces this verdict, which blatantly violates international human rights standards on freedom of association, and in particular Article 5 of the United Nations Declaration on Human Rights Defenders, which states that “everyone has the right, individually and in association with others [...] to form, join and participate in non-governmental organizations, associations or groups”.

The Observatory also points out that this verdict violates a July 2007 United Nations Human Rights Committee[2] decision, which had concluded that the dissolution of Viasna was a violation of Article 22, paragraph 1, of the International Covenant on Civil and Political Rights and that the co-authors of the complaint were “entitled to an appropriate remedy, including the re-registration of Viasna”.

The Observatory more generally points out that as a Participating State of the Organisation for Security and Cooperation in Europe (OSCE), Belarus must conform with paragraph 8 of the OSCE Parliamentary Assembly Resolution on Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions[3], which states that the OSCE Participating States recognise “the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States”.

Background information:

On May 28, 2009, the Human Rights Centre “Viasna” received a letter from the Belarusian authorities, stating that the latest registration application submitted on April 25, 2009 under the name “Nasha Viasna” had been rejected on May 25, 2009.

The authorities argued, inter alia, through the letter, that “some elements” on several founding members were “distorted”, without stating what was unclear, that some founding members had received administrative sentences in the past, and that criminal cases had been instigated against some of them.

On January 26, 2009, 67 members of the organisation had signed an application to the Ministry of Justice of Belarus to register their human rights organisation under a new name: “Nasha Viasna”. They have had to change the name of their organisation because Belarus legislation forbids the use of the name of an organisation that has been liquidated. On February 29, 2009, members of “Viasna” had been informed by letter of the decision of the Ministry of Justice dated February 26, 2009, to deny their request to register their organisation under the name “Nasha Viasna”.

The co-founders of “Nasha Viasna” subsequently lodged a complaint against this decision, and received a letter from the Supreme Court of Belarus on March, 27, 2009 informing them that their complaint against the refusal to register their NGO had been received, and that the session was due to start on April 7.

On April 22, 2009, the Supreme Court of Belarus rejected the complaint lodged by the co-founders of “Nasha Viasna”. Judge Ihar Milto declared that the decision by the Ministry of Justice was legal, and argued that a series of inaccuracies had occurred in the list of founding members and in the organisation’s charter.

Viasna had been registered with the Ministry of Justice since 1999, but was forced to close down in October 2003 by decision of the Supreme Court. On December 24, 2003, Viasna’s appeal lodged against the Supreme Court decision to liquidate the organisation was rejected. Its members were denied the right to pursue legally their human rights activities in Belarus within the framework of their organisation. After they had exhausted all domestic remedies to challenge the Court’s decision, in April 2004, Mr. Aliaksandr Bialiatski, President of Viasna and FIDH Vice-President, lodged a complaint before the United Nations Human Rights Committee.

Actions requested:

The Observatory urges the authorities of Belarus to:

1. Put an end to all forms of harassment against the above-mentioned organisation’s activities, repeal the Ministry of Justice’s decision and re-register it, and ensure in all circumstances that its members are able to carry out their work freely without any hindrances;
2. Put an end to all acts of harassment against human rights defenders in Belarus;
3. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with Article 1, which provides that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, with the above-mentioned Article 5, as well as with Article 12.2, which states that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
4. Comply with the provisions of the Document of the Copenhagen Meeting of the 2nd Conference on the Human Dimension of the Cooperation and Security Conference in Europe (CSCE) (1990), and uphold in all circumstances the principles and provisions enshrined in the international and regional human rights instruments ratified by Belarus and which, in particular, guarantee freedoms of association, demonstration, expression and opinion, in particular the European Convention on Human Rights and the International Covenant on Civil and Political Rights;
5. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by Belarus.

Addresses:

• President Alyaksandr Lukashenka, ul .Karla Marksa, 38, 220016 Minsk, Belarus, Fax: + 375 172 26 06 10 or + 375 172 22 38 72, Email: infogrp@president.gov.by
• Administration of the President of Belarus
• Head of the Administration of the President of Belarus, Mr. Vladimir Vladimirovich Makey, Ul. K. Marksa 34, 220016 Minsk, Fax: + 375 17 226-06-10
• General Prosecutor, Petr Miklashevich, Internatsionalnaya str. 22, 220050 Minsk, Belarus, Fax: + 375 17 226 42 52
• Minister of Justice of Belarus, Mr. Viktor Grigorevich Golovanov, Ul. Kollektornaya, 10, 220004 Minsk, Belarus, Email kanc@minjust.by
• President of the Supreme Court of Belarus, Mr. Valentin Olegovich Sukalo, Ul. Lenina, 28, 220030 Minsk, Belarus, Email: scjustrb@pmrb.gov.by
• Permanent Mission of Belarus to the United Nations in Geneva, 15 avenue de la paix, 1211 Geneva 20, Switzerland, Fax: +41 22 748 24 51. Email: mission.belarus@ties.itu.int
• Embassy of Belarus in Brussels, 192 avenue Molière, 100 Ixelles, Belgium, Fax : + 32 2.340.02.87, Email : embbel@skynet.be

Please also write to the diplomatic mission or embassy of Belarus in your respective country.

Paris-Geneva, August 14, 2009

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] The Ministry of Justice argued for instance that indicating that one's employer is “secondary school no. 1” rather than “institution of secondary education – secondary school no. 1” was misleading.

[2] Communication No. 1296/2004 of the UN Human Rights Committee.

[3] Adopted by the OSCE Parliamentary Assembly in Kiev on July 10, 2007.