What do Belarusian authorities think of 5 EU conditions?
The Belarusian government disclaimed their attitude in the document provided to the UN. The time is approaching when the EU Council of Ministers will once again evaluate progress of Belarus with regard to the EU conditions and take the decision on visa sanctions.
Let us remind you that the European Commission issued a special appeal to the Belarusian society called "What the European Union could bring to Belarus" in November 2006. The appeal included 12 pre-conditions, the progress on which would contribute to normalization of Minsk-Brussels relations. Later the main 5 pre-conditions were defined.
The attitude of the authorities to these conditions has been indirectly stated in the document of the Belarusian government presented to the UN Human Rights Council on September 15, named "Opinions on conclusions and/or recommendations...". It contains responses to the recommendations of foreign governments, a part of which fully corresponds to the EU conditions.
First pre-condition: absense of political prisoners.
The following France's recommendation fully meets this condition: "to accede to numerous appeals of the international community to free political prisoners and not conduct politically biased court proceedings".
The response of the Belarusian government claims there are no political prisoners whatsoever. "Statements on politically motivated detentions and court trials allegedly taking place in Belarus have not been confirmed by facts", – says the document.
Second condition: freedom of media, freedom of association and assembly.
A series of foreign governments presented recommendations which correspon dto this condition directly. For example, the Czech Republic recommended Belarus to "reconsider its national legislation to bring it into correspondence with the iternational norms with regard to rights for freedom of speech, peaceful manifestations and associations".
The official response stated that our laws met international norms the way they were. "Belarusian legislation in the sphere of granting of freedom of speech, association and assembly, peaceful manifestations fully corresponds to the international obligations of our country... National legislation in the sphere of freedom of media meets international obligations of Belarus".
Third condition: to simplify conditions for non-governmental organizations and human rights activists activities.
Recommendations of a series of European governments directly correspond with this condition. Thus, Ireland appealed our country should "make the legal procedure of registration of NGO's easier". Switzerland, Spain, Poland, Canada, the Netherlands, Lithuania and other countries recommended that Belarus should "provide registration of NGO's and opposition parties on equal terms, simplify the registration procedure". They also mentioned abolishment of the criminal article for activity on behalf of an unregistered organization.
Belarus' response says that these recommendations have been partly fulfilled. "Advantageous conditions for real development of the civic society have been created in Belarus... A wide range of rights and guarantees of freedom of associations and unions, based on the principles of the International Pact on Civic and Political Rights, have already been provided in the Belarusian legislation".
Alongside with that it is stated that Belarus does not accept the recommendation on abolishment of the criminal article 193-1, as "the article is aimed at prohibition of the activity of extremist groups and organizations in Belarus". As for the condition of human rights activists, "Belarusian legislation does not contain the term "human rights activist", as this term is not set in the international legal instruments, which Belarus participates in".
Fourth condition: reform of electoral legislation according to recommendations of ODIHR/OSCE.
Lithuania, Austria, Ireland and Canada suggested Belarus should bring its electoral legislation in correspondence with the international standards set by ODIHR/OSCE.
The response states the Belarusian government is not going to make any other amendments after those made in January 2010:
"There is no necessity to amend the electoral legislation in Belarus now... Last amendments were included into the Belarusian Electoral Code with consideration of ODIHR/OSCE recommendations ... in January 2010".
Fifth condition: death penalty moratorium.
Let us remind you that the European Commission issued a special appeal to the Belarusian society called "What the European Union could bring to Belarus" in November 2006. The appeal included 12 pre-conditions, the progress on which would contribute to normalization of Minsk-Brussels relations. Later the main 5 pre-conditions were defined.
The attitude of the authorities to these conditions has been indirectly stated in the document of the Belarusian government presented to the UN Human Rights Council on September 15, named "Opinions on conclusions and/or recommendations...". It contains responses to the recommendations of foreign governments, a part of which fully corresponds to the EU conditions.
First pre-condition: absense of political prisoners.
The following France's recommendation fully meets this condition: "to accede to numerous appeals of the international community to free political prisoners and not conduct politically biased court proceedings".
The response of the Belarusian government claims there are no political prisoners whatsoever. "Statements on politically motivated detentions and court trials allegedly taking place in Belarus have not been confirmed by facts", – says the document.
Second condition: freedom of media, freedom of association and assembly.
A series of foreign governments presented recommendations which correspon dto this condition directly. For example, the Czech Republic recommended Belarus to "reconsider its national legislation to bring it into correspondence with the iternational norms with regard to rights for freedom of speech, peaceful manifestations and associations".
The official response stated that our laws met international norms the way they were. "Belarusian legislation in the sphere of granting of freedom of speech, association and assembly, peaceful manifestations fully corresponds to the international obligations of our country... National legislation in the sphere of freedom of media meets international obligations of Belarus".
Third condition: to simplify conditions for non-governmental organizations and human rights activists activities.
Recommendations of a series of European governments directly correspond with this condition. Thus, Ireland appealed our country should "make the legal procedure of registration of NGO's easier". Switzerland, Spain, Poland, Canada, the Netherlands, Lithuania and other countries recommended that Belarus should "provide registration of NGO's and opposition parties on equal terms, simplify the registration procedure". They also mentioned abolishment of the criminal article for activity on behalf of an unregistered organization.
Belarus' response says that these recommendations have been partly fulfilled. "Advantageous conditions for real development of the civic society have been created in Belarus... A wide range of rights and guarantees of freedom of associations and unions, based on the principles of the International Pact on Civic and Political Rights, have already been provided in the Belarusian legislation".
Alongside with that it is stated that Belarus does not accept the recommendation on abolishment of the criminal article 193-1, as "the article is aimed at prohibition of the activity of extremist groups and organizations in Belarus". As for the condition of human rights activists, "Belarusian legislation does not contain the term "human rights activist", as this term is not set in the international legal instruments, which Belarus participates in".
Fourth condition: reform of electoral legislation according to recommendations of ODIHR/OSCE.
Lithuania, Austria, Ireland and Canada suggested Belarus should bring its electoral legislation in correspondence with the international standards set by ODIHR/OSCE.
The response states the Belarusian government is not going to make any other amendments after those made in January 2010:
"There is no necessity to amend the electoral legislation in Belarus now... Last amendments were included into the Belarusian Electoral Code with consideration of ODIHR/OSCE recommendations ... in January 2010".
Fifth condition: death penalty moratorium.
Many European governments (including Lithuania, Italy, Spain, Switzerland, Austria, the Netherlands, Belgium, Finland) recommended to abolish death penalty and ratify the Second Facultative Protocol to the International Pact on Civic and Political Rights.
This recommendation was also declined: "We think that recording of Belarus' participation in the Second Facultative Protocol is pre-term... Our hands are tied by the decision of the referendum of the year 1996... We are making attempts to solve this issue by evolution means".
Thus, the Belarusian government does not plan to make any reforms with regard to a series of recommendations as they consider the legal conditions in the country are in line with the international obligations, that abolishment of death penalty is premature, and does not admit existense of political prisoners at all.
See also:
How Belarusian experts evaluate progress of Belarusian authorities with regard to 5 main EU conditions: "European commission suggested to update the "black list" of Belarusian officials"
Karl Bilt: We are disappointed with such slow progress in Belarus but we don't give up
Photo: images of publication "What the European Union could bring to Belarus"
This recommendation was also declined: "We think that recording of Belarus' participation in the Second Facultative Protocol is pre-term... Our hands are tied by the decision of the referendum of the year 1996... We are making attempts to solve this issue by evolution means".
Thus, the Belarusian government does not plan to make any reforms with regard to a series of recommendations as they consider the legal conditions in the country are in line with the international obligations, that abolishment of death penalty is premature, and does not admit existense of political prisoners at all.
See also:
How Belarusian experts evaluate progress of Belarusian authorities with regard to 5 main EU conditions: "European commission suggested to update the "black list" of Belarusian officials"
Karl Bilt: We are disappointed with such slow progress in Belarus but we don't give up
Photo: images of publication "What the European Union could bring to Belarus"
