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TITLE: BELARUS HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
BELARUS
On July 10, Belarus elected its first President, Aleksandr
Lukashenko, who convincingly defeated incumbent Prime Minister
Vyacheslav Kebich in what international observers generally
considered to be a free and fair election. Popular frustration
with economic conditions contributed to the heavy vote for
Lukashenko, who ran on a populist, anticorruption platform.
Under the new Constitution, adopted by the Supreme Soviet
(parliament) in March, the President exercises executive power
and appoints the Cabinet of Ministers and all executive heads
of Belarus' six provinces. Presidential decrees have the force
of law, except in those cases restricted by the Constitution
and Parliament. A Constitutional Court was created and has
begun to adjudicate serious constitutional issues.
The Committee for State Security (KDB) and Ministry of Internal
Affairs (MVS), both organs answerable to the President,
remained the chief law enforcement and police organs. Although
the security services reportedly still monitored closely the
population's activities, they reduced overt interference in the
private lives of citizens. However, special formations of MVS
troops intimidated some opposition gatherings, and police
reportedly used excessive force on detainees. The armed forces,
which are not involved in law enforcement, continue the practice
of hazing as it was practiced in the former Soviet Union.
Belarus' economy is still largely state controlled; however,
the Lukashenko administration freed prices of most goods and
cut subsidies to many state industries. Little privatization
has occurred thus far, and foreign trade is still oriented
towards other parts of the former Soviet Union. Industry and
construction employ 40 percent of the labor force, and
agriculture 20 percent. Major exports include machinery,
transport equipment, and chemicals.
Belarus' transition from Soviet-era authoritarian institutions
toward fully democratic ones remains uneven, and human rights
abuses continue. The presidential election, as noted, was free
and fair, but the judiciary is not independent and is unable to
act as a check on the executive branch and its agents. Police
and prison officials regularly beat detainees and inmates
without fear of punishment, and prison facilities are
substandard and dangerous to inmates' health. The Government
continued to restrict freedom of speech and press, peaceful
assembly, religion, and movement to varying degrees, and to
impede the formation of independent trade unions.
Discrimination and violence toward women remained significant
problems.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of politically motivated killings.
b. Disappearance
On January 15, members of the Lithuanian security services, who
reportedly acted in collusion with the Belarusian MVS, abducted
in Minsk, the capital of Belarus, where they had been visiting,
two Lithuanians wanted by Lithuanian authorities for their
alleged involvement in the January 1991 coup attempt in
Vilnius, Lithuania. The pair were transported to Lithuania,
reportedly without permission from the Belarusian Procurator
General's office and in apparent violation of the bilateral
extradition treaty between Lithuania and Belarus.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The new Constitution provides for the inviolability of the
person, and specifically prohibits torture, as well as cruel,
inhuman, or degrading punishment. Law enforcement and prison
officials may use physical force against detainees and
prisoners if the latter are violent, have refused to obey the
instructions of the prison administration, or have "maliciously
violated the terms of their sentences." Beatings by police and
prison guards reportedly were regular occurrences in detention
centers and prisons. Although such behavior is against the
law, the Government seldom, if ever, punishes people who commit
such abuses.
In the armed forces, the practice of hazing new recruits
continues unchanged. Hazing, or dedovshchina, is the practice
of severe harassment and abuse of new draftees by senior
soldiers to maintain strict discipline. Officers do not
interfere with the practice, since it precludes them from
having to become involved in disciplining troops.
Conditions in prison hospitals near Brest and Orsha were
substandard. Prisoners with tuberculosis were crowded into
closed cells with little ventilation. Extreme overcrowding in
the tuberculosis hospital near Brest prevented prisoners from
avoiding the disease. A women's prison near Orsha suffered an
outbreak of dysentery, which spread throughout the camp.
d. Arbitrary Arrest, Detention, or Exile
Belarus has only slightly amended its Soviet-era law on
detentions. The Criminal Procedure Code provides that police
authorities may detain a person suspected of a crime for 3 days
without a warrant. This period may be extended for up to 10
days, pending further investigation of a crime. On the basis
of a local prosecutor's authority, detainees may be kept in
pretrial detention for up to 3 months. Regional and republic-
level prosecutors may request extensions up to a maximum of
18 months. The law permits citizens to appeal the legality of
an arrest either to the court or to the prosecutor. According
to judicial sources, nearly 60 percent of arrests are contested.
By law, a judge must initiate a trial within 3 weeks from the
time charges are filed. However, the overloaded court system
often does not meet this requirement, and months may pass
before a defendant is finally brought to court.
Detainees may be allowed unlimited access to their legal
counsel, and, according to the new Constitution, if they cannot
afford counsel, a lawyer will be appointed free of charge.
However, prisoners and lawyers alike report restrictions on
consultations, and investigators may prohibit consultations
between a lawyer and a client. The Government has failed to
budget sufficient funds for defense attorneys representing the
indigent. Defense attorneys' fees also are prohibitively
expensive for many defendants. Since there are no legal
provisions for bail and because there is no effective judicial
oversight of prosecutors' actions, pretrial detention has in
some instances lasted longer than 2 years.
Exile is not practiced.
e. Denial of Fair Public Trial
The criminal justice system, following the former Soviet model,
has three tiers: district courts, regional courts, and the
Supreme Court. Several modifications have been made, brought
about by passage of the new Constitution, including direct
presidential appointment of all local-level and military judges.
Parliament selects judges for republic-level courts on the
basis of recommendations from the Ministry of Justice, based in
part on examination results. However, many current judges and
prosecutors were appointed in Soviet times when political
influence pervaded the criminal justice system. Judges are
dependent on the Ministry of Justice for sustaining the court
infrastructure, and on local officials for providing their
personal housing. Organized crime has had a significant impact
on court decisions. There have been reports of judges granting
lenient sentences to "connected" defendants. Without further
major structural reforms, the independence of the judiciary
from outside pressure cannot be realized.
Prosecutors, like the courts, are organized into offices at the
district, regional, and republic levels. They are ultimately
responsible to, and serve at the pleasure of, the Procurator
General, who is appointed by Parliament. Prosecutors as a rule
are very influential because they supervise all criminal
investigations and because court proceedings are not conducted
in an adversarial manner. Moreover, courts are still extremely
deferential to prosecutors' actions, petitions, and conclusions.
Trials are generally public, although they may be closed on
grounds of national security. Defendants have the right to
attend proceedings, confront witnesses, and present evidence on
their own behalf. The court appoints an attorney for
defendants who do not have one.
While the Constitution establishes a presumption of innocence,
conviction rates have not changed from the Soviet era. Nearly
99 percent of completed cases result in convictions. Judges
frequently send cases unlikely to end in convictions back to
the prosecutor for "additional investigation," and prosecutors
also withdraw cases not likely to result in conviction.
Both defendants and prosecutors have the right of appeal. On
appeals, neither defendants nor witnesses appear before the
court; the court merely reviews the protocol and other
documents from the lower court's trial. Less than 4 percent of
cases in one province were overturned.
There were no known political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Electronic monitoring of residences and telephones reportedly
continued. The KDB, the MVS, and certain border guard
detachments have the right to request permission to install
wiretaps but must legally obtain a prosecutor's permission
before installing it. Except in cases of pursuit, a
prosecutorial search warrant is needed in order to enter a
private home.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech, but it is not
observed in practice. The executive branch of government
continued to use laws on slander to suppress freedom of speech,
particularly criticism of its policies and of government
officials. The defamation law makes no distinction between
private and public persons for the purposes of lawsuits on
defamation of character. A public figure who has been
criticized for poor performance in office may ask a public
prosecutor to sue the newspaper that printed the criticism.
The newspaper Femida was sued for printing the text of deputy
Evgeniy Novikov's speech in Parliament. Although Novikov was a
deputy speaking from the Parliament's podium, the procurator
said that Novikov was expressing a personal opinion at the time
and that the newspaper was liable for printing slander.
Galina Naumchik was sued for printing an interview with Novikov
in the newspaper Dobryj Vecher. Novikov was also sued for his
remarks. Prime Minister Kebich's security advisor, Gennadiy
Danilov, successfully sued publications that had printed
accounts critical of his activities and was awarded about $500
(5 million rubles).
Despite the passage of a press law in 1994 prohibiting the
existence of a press monopoly, the Government maintained a
virtual economic monopoly over the press since it owns nearly
all printing and broadcasting facilities and manages the
distribution of all print media through official outlets.
There are, however, some private newspapers printed in
Belarusian and Russian.
The Government's direction of the issuance of radio frequencies
and cable television licenses and the registration of radio
stations, as well as its ownership of the country's only
broadcast television station, amount essentially to complete
control over the media. All mass media must register with the
Government, which can use the registration requirements as an
instrument of censorship since it can revoke registration at
any time. This absence of independence encourages editors to
practice self-censorship.
In March the Ministry of Foreign Affairs denied accreditation
for Aleksandr Starinkevich, Belarusian correspondent for the
Russian newspaper Izvestia. Izvestia, widely read by elite
Belarusians, was carrying critical reports concerning a
proposed monetary union with Russia. In May, 17 journalists
protesting the Ministry's decision signed an appeal which was
published in the parliamentary newspaper Narodnaya Gazeta. The
incoming Lukashenko Government later approved Starinkevich's
accreditation.
President Lukashenko said he supports a free press as long as
it is responsible and helps his presidency. During the first
round of presidential elections, the government of Prime
Minister Kebich tried to stop the printing and distribution of
the opposition newspaper Svabada, which printed articles
critical of the incumbent Prime Minister, and closed two radio
stations which criticized him. The free trade union newspaper
Svobodnyj Profsoyuz also had difficulty in getting its editions
printed on a regular basis.
On November 25, Belarus declared two Turkish diplomats persona
non grata, accusing them of activities not in accordance with
their diplomatic duties. In connection with this activity, two
Belarusian journalists were detained at KDB headquarters and
questioned, one for 4 hours, and the other for 5 hours.
Although they were released without being charged, they were
warned that providing "sensitive" information to foreign
diplomats for a fee could carry criminal penalities.
Belarusian newspapers were prevented from publishing the text
of a sensationalist report delivered on December 20 in open
session of Parliament by deputy Sergei Antonchik, who accused
members of the Lukashenko Government of corruption. The text
of the report was excised from the newpapers during
typesetting, and the papers were published with blank columns
where the Antonchik report was to have been printed.
Subsequently, the Government canceled the printing contracts of
eight major independent newspapers, causing them to cease
publication for the remainder of the year. The Lukashenko
Government asserted that since these newspapers received state
subsidies, they were not part of the free press and were
subject to state control. Igor Ossinsky, the editor of
Sovietskaya Belorussia, which first attempted to print the
report, was removed from his position by Presidential decree on
December 23.
b. Freedom of Peaceful Assembly and Association
The Soviet law on demonstrations, which is still valid,
requires an application at least 10 days in advance to local
officials. They must respond either positively or negatively
not later than 5 days prior to the scheduled event. Public
demonstrations occurred frequently. A march by strikers in
February proceeded without incident despite very heavy police
presence in the streets of Minsk. During Victory Day
celebrations in July, formations of special "Omon" police
forces physically prevented members of the opposition
Belarusian National Front (BNF) from laying wreaths at the
Minsk victory monument. The Supreme Soviet Chairman requested
an investigation into the action, but no results have been made
public.
On September 8, the BNF held a public demonstration in Minsk to
commemorate the anniversary of the 1514 battle of Orsha.
Although it had applied for a permit a month in advance,
officials denied permission for the rally after all
preparations had been made. Since the city council did not
inform the BNF of the prohibition 5 days before the event as
required by law, the BNF went ahead with its plans for the
rally. Although the police presence was heavy and
intimidating, the demonstration took place with minimal
conflict between police and demonstrators.
The Constitution provides for freedom of association. By the
end of 1994, the Ministry of Justice had registered 26
political parties.
c. Freedom of Religion
The new Constitution provides for freedom of religion, which is
generally respected in Belarus, including the freedom to
proselytize. Citizens practice the two mainstream religions in
Belarus--Eastern Orthodoxy and Roman Catholicism--without any
interference from the Government.
However, religions which the Government considers to be outside
the mainstream have had to overcome bureaucratic roadblocks as
well as explicit prohibition. The Salvation Army had a
representative in Minsk from January until July 1994, who
departed from Minsk claiming that the Government, citing
Soviet-era laws that prevent social service organizations from
engaging in religious activities as well as the converse, had
refused to register the Salvation Army as a religious group.
One missionary group reportedly circumvented this law by
claiming that it was a book-study group, even though only one
book was studied. Hare Krishna members were accused of being a
cult, not a religion. A member of President Lukashenko's staff
accused them of subverting the youth of Belarus, but opposition
to their registration was later dropped.
Some difficulties still exist in transferring church property
from state control back to the former owners. Minsk's Jewish
community received a more suitable building for its synagogue,
although it failed to reacquire the former main synagogue of
the city which remains the home of the Russian Drama Theater.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
According to the Constitution, citizens are free to travel
within the country and live and work where they wish. All
adults are still issued internal passports, which serve as
primary identity documents and are required for travel,
permanent housing, and hotel registration.
The right to choose one's place of residence, although
guaranteed by law, remains restricted in practice. Despite its
formal abolition by the Soviet government in October 1991, the
"propiska" (pass) system survives in Belarus. All Belarusians
are required to register their places of residence and may not
change them without official permission. The authorities limit
the number of residence permits in Minsk and the five regional
centers of Brest, Grodno, Mogilev, Vitebsk, and Gomel.
However, according to government officials and other sources,
officials based their decisions primarily on the availability
of housing, with fewer denials than previously.
The MVS' law on entry and exit, which took effect on January 1,
1994, authorized the issuance to all Belarusians of "global"
exit visas, good for from 1 to 5 years and valid for travel to
all countries. Shortly after the new law took effect, the
authorities received so many applications for exit visas that
an enormous clerical backlog ensued. On March 14, the
Government temporarily suspended the requirement for exit
visas, so all citizens who had passports could travel freely.
This suspension of exit visa requirements was scheduled to end
on December 31, 1994.
According to data for the first 9 months of the year, no
citizen was denied permission to emigrate. Legislation
restricting emigration by those with access to "state secrets"
remained in effect, and any citizen involved in a criminal
investigation was also ineligible to emigrate. Emigrants who
have been refused the right to emigrate may appeal to the
courts.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens began to have the right to change their government
when in July they elected Aleksandr Lukashenko as the first
President of Belarus for a term of 5 years in generally free
and fair elections. Power was transferred peacefully from the
incumbent Prime Minister to the new President. Parliamentary
elections are scheduled for March 1995. Suffrage is universal
for all citizens over the age of 18, but participation is not
mandatory. Since the Constitution requires that a presidential
candidate obtain at least 50 percent of the votes cast, two
rounds were necessary for President Lukashenko to win. Turnout
was over 70 percent for both rounds.
The new Constitution outlines the structure of a presidential
type of government. The Supreme Soviet (parliament), unchanged
since 1990, passed three laws in October, granting the
President authority to reshape the Cabinet of Ministers, to
redirect the sluggish economy, and to appoint provincial
governors who, in turn, appoint subordinate officials.
Previously, governors were directly elected by the voters.
There are no legal restrictions on women's participation in
politics and government. However, social barriers to women in
politics are strong, and men hold virtually all leadership
positions. Out of the 360 members of Parliament, 9 are women.
There are two female ministers in the Lukashenko Government,
the Minister of Health and the Minister of Social Welfare.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Human rights monitors reported that the Government presented
obstacles when they tried to investigate alleged human rights
violations. The Belarusian League of Human Rights, founded in
1992, reported that the courts continued, on the pretext of
procedural grounds, to refuse to review its appeals to
investigate alleged human rights violations. The League has
close contacts with a variety of international organizations
involved in human rights, but its president reported having
difficulty in obtaining permission to travel outside of Belarus
to attend international symposia on human rights.
International organizations were not hindered in making visits
to Belarus.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The law on citizenship, passed by the Supreme Soviet, grants
citizenship to any person living permanently on the territory
of Belarus as of October 19, 1991. Those who arrived in
Belarus after that date and wish to become citizens are
required to submit an application for citizenship, know the
Belarusian language ("enough for communication"), take an oath
to support the Constitution, have a legal source of income, and
have lived in the country for 7 years. Parliament debated new
laws on immigration and migration which would provide numerical
limits on new citizens.
Women
Although statistics are not available, domestic violence
against women continues to be a significant problem.
Knowledgeable sources indicate that police generally are not
hesitant to enforce laws against violence and that the courts
are not reluctant to impose sentences. The problem, according
to women's groups, is a general reluctance among women to
report incidents of domestic violence.
The law requires equal wages for equal work, and in practice
women are paid the same as men. However, they have
significantly less opportunity for advancement to the upper
ranks of management and government.
Children
The Government is committed to children's welfare and health,
particularly as related to the consequences of the nuclear
accident at Chernobyl, and, with the help of foreign donors,
gives them special attention. Families with children receive
government benefits.
People with Disabilities
A law mandating accessibility to transport, residences,
businesses, and offices for the disabled came into force in
1992. However, facilities, including transport and office
buildings, often are not accessible to the disabled. The
Government, facing a deteriorating economic situation, failed
to budget sufficient funds to implement these laws.
Section 6 Worker Rights
a. The Right of Association
The Constitution upholds the right of workers, except state
security and military personnel, to form and join independent
unions on a voluntary basis and to carry out actions in defense
of workers' rights, including the right to strike. However,
the independent trade union movement in still in its infancy.
Although several independent trade unions exist, the Belarusian
branch of the former U.S.S.R's All-Union Central Council of
Trade Unions--currently the Federation of Trade Unions of
Belarus (FTUB)--is by far the largest trade union
organization. This trade union of 5 million members is not
considered independent in practice since it often follows
government orders.
In practice, workers are often automatically inducted into the
FTUB, and their union dues are deducted from their wages.
Independent labor leaders believe that the official trade
unions' control over social functions usually performed by the
State (such as pension funds) is an obstacle to the growth of
true, independent trade unions.
The two major independent trade unions are the Free Trade Union
of Belarus (SPB), and the Belarusian Independent Trade Union
(BNP). The BNP (formerly the Independent Miners Union of
Belarus) and the SPB formed the Congress of Free Trade Unions
of Belarus, which coordinates the activities of the two largest
unions' nearly 16,000 members.
No major strikes occurred in 1994. According to the Chairman
of the BNP, a number of small-scale strikes did occur, but they
were not planned. Government regulations requiring notice of
at least 100 days in advance of a strike has prevented the
Congress of Free Trade Unions from acting on a larger scale.
b. The Right to Organize and Bargain Collectively
Legislation dating from the Soviet era provides for the right
to organize and bargain collectively. Since the economy is
still largely in the hands of the State, unions usually seek
redress at the political level.
The right to organize and bargain collectively was reportedly
violated when N.A. Grinchik, the full-time union chairman at
the Minsk Tranzistor factory, was denied regular access to the
union offices at the plant. Police and the plant's management
reportedly harassed the free trade union leadership, as when
local free trade union chairman Ramaev was detained for over a
month while they investigated the alleged embezzlement of
10,000 rubles (about $1). When workers at the firm Fondok
(formerly the Bobruiskdrev Wood Products Plant) chose to change
allegiance from the official trade union to the free trade
union, the management continued to deduct union dues from
workers' wages for the official trade union. Workers and
independent unions have recourse to the court system.
c. Prohibition of Forced or Compulsory Labor
The 1994 Constitution prohibits forced labor, and it is not
known to occur.
d. Minimum Age for Employment of Children
Current labor law establishes 16 years of age as the statutory
minimum age for employment of children. With the written
consent of one parent (or legal guardian), a child of 14 years
may conclude a labor contract. Reportedly, the Procurator
General's office enforces this law effectively.
e. Acceptable Conditions of Work
The Supreme Soviet sets a minimum wage, periodically raised in
response to inflation, which is effectively enforced. At
year's end, the monthly minimum wage was $3 (30,000 Belarusian
rubles). The minimum wage is too low to provide a decent
standard of living.
The Labor Code sets a limit of 40 hours of work per week and
provides for at least one 24-hour rest period per week.
Because of the difficult economic situation, an increasing
number of workers find themselves working considerably less
than 40 hours per week. Often, factories require workers to
take unpaid furloughs due to shortages of raw materials and
energy and lack of demand for factory output.
The law establishes minimum conditions for workplace safety and
worker health; however, these standards are often ignored. A
State Labor Inspectorate exists but does not have the authority
to enforce compliance, and violations are often ignored.
(###)
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