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ENPA >> Valgevene >> Raport (alus res.1482-le) |
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Doc. 10806 Situation in Report
Summary In the run-up to the presidential election in Belarus to be held on 19 March 2006, the Lukashenko regime has undertaken a series of measures to prevent even further any expression of dissent and obstruct the activities of democratic forces: the recently adopted ‘anti-revolution law’ is a confirmation of this state of affairs. In addition, the abuse of the criminal justice system for political purposes, the total control of state media by the regime and the increasing obstacles placed on the activities of the few existing independent media continue to preoccupy the Assembly. From the democratic forces side, the recent election of the Single Candidate of the Unified Democratic Forces of Belarus to challenge the incumbent President in the election represents a positive development and a sign of increased maturity. Under these circumstances, there cannot be any change in the Assembly’s policy towards the Lukashenko regime, while its support to the consolidation of democratic forces should be intensified. However, should the Belarusian authorities give clear and conclusive signs of their commitment to move closer to Council of Europe standards in the fields of democracy, rule of law and human rights, the Assembly would be prepared to reopen appropriate communication channels. A. Draft resolution 1. The Parliamentary Assembly recalls that it has followed developments in 2. It is a matter of extreme concern that in the run-up to the presidential election to be held on 19 March 2006, the Lukashenko regime has undertaken a series of measures to prevent even further any expression of political dissent and obstruct the activities of democratic forces: in particular, the recently adopted ‘anti-revolution law’ which establishes, amongst others, prison sentences for training or financing the training of people to take part in street protests and for misrepresenting the situation in Belarus to foreign countries or international organisations, or distributing material or information containing such appeals, leaves scope for broad interpretation and to a risk of abuse. 3. Likewise, the detention of a number of opposition figures as a result of trials based on questionable charges confirms the abuse of the criminal justice system for political purposes and the lack of independence of the judiciary, which has been further undermined by the decree enabling President Lukashenko to suspend judges’ powers and dismiss them from office. 4. The total control of state media by the regime as well as the increasing obstructions to the activities of the few existing independent media continue to preoccupy the Assembly. In this context, the Assembly welcomes the support given by the European Commission to independent broadcasting to 5. The Assembly also recalls that the very participation of President Lukashenko in the forthcoming contest raises an issue of compliance with the rule of law: in its Opinion no. 314/2004 on the referendum of 17 October 6. In light of the above, and given that no follow-up has been given to previous Assembly resolutions including, amongst others, Resolutions 1371 (2004) on disappeared persons in Belarus and 1372 (2004) on persecution of the press in the Republic of Belarus, the Assembly believes that there cannot be any change in its policy towards the Belarusian regime and the lifting of the suspension of Special Guest status for the Belarusian Parliament is not on the agenda at the present time. 7. However, should the Belarusian authorities give clear and conclusive signs of their commitment to move closer to Council of Europe standards in the fields of democracy, rule of law and human rights, the Assembly would be prepared to reopen appropriate communication channels. To this end, particular attention will be paid to whether all candidates have equal freedom to campaign, the overall fairness of the electoral campaign and the conduct of election procedures. 8. In this context, the Assembly notes as a positive measure the invitations addressed to various international institutions - including the OSCE, the ODIHR and the OSCE Parliamentary Assembly - to monitor the forthcoming election. 9. The Assembly cannot but welcome, as a sign of increased maturity of the Belarusian democratic forces, the recent election of the Single Candidate of the Unified Democratic Forces of Belarus to run in the 2006 presidential election and encourages democratic forces to maintain their unity, irrespective of ideological differences, in the aftermath of the election irrespective of its results. 10. On its part, the Assembly shall endeavour to intensify its support for the consolidation of democratic forces, the development of civil society, the provision of pluralist information and the promotion of Council of Europe values among the Belarusian population at large. In this context, the Assembly recommends that its political groups invite on a regular basis representatives of Belarusian democratic political forces to attend Assembly sessions and other Assembly events. 11. Finally, in respect of their respective policies and mandates, the Council of Europe, the European Union (EU) and the Organization for Security and Cooperation in Europe (OSCE) should enhance their information-sharing as regards 12. In light of the above, the Assembly urges President Lukashenko and the Belarusian authorities to: 12.1 embark resolutely on a path to reform liable to bring 12.2 refrain from obstructing the free and fair running of the electoral campaign, and take positive action to ensure that pluralist information can be provided; 12.3 ensure that the elections are held in full compliance with international standards; 12.4 remove from the Central Election Commission those who have been involved in the fraudulent referendum and parliamentary elections of 2004, including its Chair, Ms Lidia Yermoshina; 12.5 redress the composition of the territorial election commissions by ensuring equal representation of all sides; 12.6 repeal the anti-revolution law; 12.7 allow the immediate release of political prisoners, in particular Andrei Klimov, Mikhail Marinich, Pavel Severinets, Sergey Skrebets and Nikolai Statkevich; 12.8 conduct an independent investigation into the fate of disappeared persons, as requested by Assembly Resolution 1371 (2004) on Disappeared persons in 12.9 remove the restrictive requirements for the registration and the activities of political parties and non-governmental organisations. 13. Besides, the Assembly reiterates its recommendation to the Russian Federation ‘to make any political or financial assistance to the Government of Belarus conditional on the respect of the human rights and civil liberties of the people of Belarus’, as stated in Assembly Resolution 1455 (2005) on the Honouring of obligations and commitments by the Russian Federation. 14. The Assembly also calls on Council of Europe member states to follow the example of the European Commission and give immediate financial, and if necessary logistical, support to independent broadcasting to Belarus from abroad, with particular emphasis on the provision of objective information on the situation in the country. 15. The Assembly invites the European Union to: 15.1 extend the visa-ban to a greater number of high-ranking officials in the Lukashenko regime; 15.2 consider easing visa requirements for ordinary Belarusian citizens, especially students; 15.3 take appropriate steps to identify and freeze bank accounts and other assets belonging to President Lukashenko and others from his entourage. 16. In addition, the Assembly calls on the OSCE to put pressure on the Lukashenko regime, by appropriate means, to ensure that 17. It also invites the OSCE Parliamentary Assembly and ODIHR to coordinate their position on the observation of the forthcoming presidential election with the Assembly. 18. The Assembly calls on the Council of Europe, the European Union and the OSCE to: 18.1 improve information-sharing regarding 18.2 resume the activities of the Parliamentary Troika on 19. Finally, the Assembly welcomes the initiative of its President, in co-operation with the Czech Minister for Foreign Affairs, to organise a Conference on B. Draft recommendation 1. Recalling its Resolution ………..(2006) on Situation in 1.1 include in the agenda of its relevant Rapporteur and Working Groups items concerning 1.2 if political conditions allow, establish a School of Political Studies in Belarus, or a School of Political Studies for Belarusian citizens located in a neighbouring Council of Europe member state, easily accessible for Belarusians, with a view to promoting the formation of a Belarusian political elite and the development of a political culture; 1.3 if political conditions allow, set up an Information Office of the Council of Europe in Belarus, or use other existing Information Offices situated in neighbouring countries which are easily accessible for Belarusian citizens, to promote Council of Europe values in the field of democracy, rule of law and human rights among the Belarusian public; 1.4 support the establishment of joint programmes with the European Union and other relevant partners, in the fields of democracy, rule of law and human rights. C. Explanatory memorandum I. Introduction 1. 2. Shortly after becoming independent, in 1994 the Belarusians elected to the presidency a man who would firmly lead the country towards an authoritarian regime, through elections falling short of international standards, the control over the entire state apparatus and the violation and obstruction of fundamental rights and freedoms. President Lukashenko is now about to run for a third mandate, in elections scheduled for 19 March 2006, four months before his current term-of-office expires. 3. The very participation of Lukashenko in the presidential contest raises an issue of compliance with the rule of law: in October 2004, the constitutional limit of two presidential mandates was removed by a national referendum which was, as stated by the Venice Commission, in contravention of the Belarusian law.1 4. The novelty of these elections is that, for the first time, the democratic political forces of 5. Other potential candidates include:2 - Valery Frolov, former General and leader of the opposition parliamentary group ‘Respublika’ in the previous legislature; 6. At the moment of writing, these potential candidates are in the process of collecting the 100,000 signatures necessary to be registered for the ballot. After 27 January, when this stage is over, the number and names of the contenders will be known. As of 17 January, Milinkevich’s nomination group has already collected the necessary number of signatures. 7. The local authorities have formed 165 territorial election commissions, consisting of more than 2,000 members. They should represent political parties and NGOs, as well as different segments of society. Some opposition politicians, however, have raised strong criticism against the composition of these commissions, on the grounds that opposition parties are not represented (with the only exception of the Belarusian Popular Front which has one representative). In addition, the Central Electoral Commission (CEC) has set up a supervisory commission to scrutinise media coverage during the campaign. II. Recent developments in Belarus 8. In i. Legislation limiting the freedom of action of democratic forces 9. In - training or financing the training of people to take part in street protests (from 6 months to 3 years); 10. This is an obvious catch-all law, liable to be used by the regime against political opponents and independent media at any convenient time. It joins other pieces of legislation, all of them passed without meaningful opposition in parliament, which obstruct freedom of expression, of association and pluralism in general. Amongst others, the following have been introduced after the 2004 referendum and parliamentary elections: - a law which criminalises foreign assistance on behalf of political parties, NGOs and civil society; ii. Politically-motivated trials 11. In the wake of the 2004 parliamentary elections, a number of leading figures of the opposition have been eliminated from the public arena and sentenced to prison terms: - Andrei Klimov, businessman and former member of Parliament; 12. The trials against these public figures, as well as those against Valeri Levonevsky, Alexander Vasiljev and many others, were political, based on questionable charges and ended in disproportionate sentences. The same can be said for the sentencing of Professor Bandazhevsky, who has now been freed on parole. In addition to political figures or critics of the regime, the wave of set-up trials has affected also businessmen and directors of large state companies who could have provided financial support and political backing to democratic forces. iii. Absence of pluralist information 13. The total control of state media by the regime as well as the continuous obstructions to the activities of the few existing independent media have been widely reported by the Assembly and, more recently, by the OSCE3 and Reporters sans frontières. The latest matters of concern include: - the introduction of legislation preventing commercial and non-profit organisations from using the words ‘national’ and ‘Belarusian’ in their names. As a result of this measure, many publications had to change their names and re-register, with all the difficulties that this implies. 14. The relentless efforts made by the regime to silence the most popular surviving independent newspaper – Narodnaya volya (circulation: 30,000) - is symptomatic: not only should the newspaper have changed its name as a result of the above-mentioned law, but its assets have been seized following a suit for moral damage lodged by Sergey Gaydukevich, leader of the pro-Lukashenko Liberal Democratic Party. The persecution of Narodnaya volya is ongoing: printing has been moved to 16. Following legislative amendments adopted in mid-May, KGB officials have the right to enter any private dwelling without a court warrant, as well as the right to tap telephone calls and infiltrate companies as regular workers. Besides, the anti-revolution law allows the police to hold terror suspects and persons suspected of malicious hooliganism for up to 10 days without charge. III. The situation of democratic forces 19. Belarusian democratic forces have often been criticised for being very fragmented. It is a sign of increased maturity, therefore, that at the beginning of October 20. Despite the progress of achieving unity for the election of a single presidential candidate, democratic forces in 21. In addition, despite undeniable progress, it is essential for the Belarusian democratic forces to reach a further level of maturity and consolidation to address the post-election stage and present themselves as a viable, sound and coherent alternative to the regime in the long-term before the Belarusian electorate and international actors. A post-election strategy based on unity is necessary to continue to exert pressure on the regime and to catalyse the support of the international community. 22. The further consolidation of Belarusian democratic forces should be encouraged and supported from outside, despite the attempts made by the regime to outlaw funding and assistance from abroad, through contacts with like-minded democratic forces, states and organisations. IV. The place of Belarus in the new Europe 23. In the last few years the geopolitical situation of Belarus has changed: on the one hand, following the latest EU enlargement, Belarus has become a new EU neighbour and the non-democratic nature of its regime has become a major political issue on the EU agenda, also under pressure from new members; on the other hand, following the ‘rose revolution’ in Georgia and the ‘orange revolution’ in Ukraine, the strategic importance of Belarus for the Russian Federation has grown, above all in fields such as communications, transport of energy, defence and access to Kaliningrad. 24. Even if ‘special’, the relation between the Lukashenko regime and the 25. In general, with the exception of the - avoiding contacts with high level Belarusian officials, to indicate that the undemocratic behaviour of the present leadership is not tolerated and to eliminate the risk that the regime presents these contacts to the Belarusian people as a sign of validation by the international community; 26. It is interesting to note, however, that while the Belarusian economic performance is strongly dependant on its special relationship with the 27. This Program clearly overlooks the open criticism of the regime by all the EU institutions, and the repeated statements by the European Bank for Reconstruction and Development (EBRD) that its availability to conduct the ‘full range of its investment and lending facilities in Belarus, including financing for public sector projects and private-public enterprises’, should progress against political and economic benchmarks being significant and demonstrably achieved.10 It may be an indication, however, that should the Lukashenko regime be looking westward for economic partnership, the EU would have strong means of pressure to ask for political reforms. V. International organisations and 28. At European level, three organisations have a particular interest in the development of democracy in i. PACE and the Council of 29. 30. The decision to ‘suspend’ rather than ‘withdraw’ Special Guest Status was motivated by the willingness of the Assembly ‘to maintain contact and support positive developments’ in 31. To sum up, the Parliamentary Assembly of the Council of Europe does not entertain any stable contacts with the Belarusian Parliament whilst it privileges contacts with Belarusian democratic forces. On the intergovernmental side, limited working contacts between the Council of Europe and the Belarusian authorities exist, as ii. The European Union 32. The policy of the European Union towards 35. VI. Conclusions and recommendations 38. In light of the above, the following main conclusions can be drawn: i. as regards the forthcoming election: 39. The potential for the 2006 presidential election bringing about a democratic change is limited: - all the branches of the state in Belarus are used to further the power of the incumbent President and his entourage; 40. In these circumstances, the chances for a free and fair electoral competition are also limited. 41. The importance of the forthcoming elections for advancing democracy in - the unity of the opposition for the election of a single candidate is a positive development, which could have far-fetching effects if this unity was maintained also in the post-election period, in spite of ideological differences; 42. The participation of democratic candidates makes it essential that independent monitors – in particular the OSCE/ODIHR – assess the compliance of the forthcoming elections with international standards. In this respect, the Parliamentary Assembly of the Council of Europe should try to ensure a presence during the elections through the participation of some of its members under the OSCE/ODIHR umbrella. ii. as regards supporting democratisation in 43. The Assembly should consider the development of democracy in - intensify its contacts and activities with Belarusian democratic forces and invite them, through its Political Groups, to participate in Assembly sessions and other events; 44. Besides, international pressure might prove to be more effective if better coordinated. To this end: - in respect of their different mandates and instruments, the Council of Europe, the EU and the OSCE should enhance their cooperation as regards Belarus, through the improvement of information-sharing and the organisation of some joint initiatives or events; 45. In addition, the European Union should be invited to: - in the context of its competence in the field of visa policy and immigration, consider waving visa requirements for Belarusian citizens, especially students; iii. as regards the Assembly strategy towards the Lukashenko regime: 46. Given the recent developments in 47. However, should the regime reverse its current policies and give clear and conclusive signs of its commitment to move closer to Council of Europe standards, the Assembly should be prepared to reopen appropriate communication channels. To this end, the compliance of these elections with international standards will be an important element to be taken into consideration. * * * Reporting Committee: Political Affairs Committee. Reference to Committee: Ref. 3169, 23.01.06 Draft Resolution and draft Recommendation adopted by the Committee on 24.01.06 Members of the Committee: Mr Abdülkadir Ates (Chairman), Mr Konstantion Kosachev (Vice-Chairman), Mr Zsolt Németh (Vice-Chairman), Mr Giorgi Bokeria (Vice-Chairman), Mrs Birgir Ármannsson, Mr Giuseppe Arzilli, Mr Claudio Azzolini, Mr Miroslav Beneš, Mr Radu-Mircea Berceanu, Mr Gerardo Bianco, Mr Alexandër Biberaj, Mr Luc Van den Brande (alternate: Mr Karim van Overmeire), Mrs Beáta Brestenká, Mrs Anna Curdová, Mr Noel Davern, Mr Michel Dreyfus-Schmidt, Mr Adri Duivesteijn (alternate: Mr Frans Timmermans), Mrs Josette Durrieu, Mr Mikko Elo, Mr Joan Albert Farré Santuré, Mr Per-Kristian Foss, Mr Jean-Charles Gardetto, Mr Charles Goerens, Mr Daniel Goulet, Mr Andreas Gross, Mr Jean-Pol Henry, Mr Joachim Hörster, Mr Ali Huseynov, Mr Renzo Innocenti, Mr Ivan Ivanovski, Mr Tadeusz Iwinski, Mr Elmir Jahic (alternate: Mr Sead Avdic), Mr Ljubiša Jovaševic (alternate: Mr Ivan Brajovic), Mr Ivan Kalezic, Mr Oleksandr Karpov, Mr Oskars Kastens, Mr Yuriy Kostenko, Mrs Darja Lavtižar-Bebler, Mr Göran Lindblad, Mr Younal Loutfi, Mr Mikhail Margelov, Mr Tomasz Markowski, Mr Dick Marty, Mr Frano Matušic , Mr Murat Mercan, Mr Jean-Claude Mignon, Mr Marko Mihkelson, Mrs Nadezhda Mikhailova, Mr Joao Bosco Mota Amaral, Mrs Natalia Narochnitskaya , Mrs Carina Ohlsson, Mr Boris Oliynyk, Mr Theodoros Pangalos, Mrs Elsa Papadimitriou, Mr Christos Pourgourides, Mr Gordon Prentice (alternate: Mr John Austin), Mr Gabino Puche, Mr Lluís Maria de Puig, Mr Jeffrey Pullicino Orlando (alternate: M.r Léo Brincat), Lord Russell-Johnston (alternate: Baroness Knight), Mr Peter Schieder, Mr Ingo Schmitt, Mrs Juana Serna, Mr Adrian Severin, Mrs Hanne Severinsen, Mr Samad Seyidov (alternate: Mrs Gultakin Hajiyeva), Mr Leonid Slutsky, Mr Michael Spindelegger, Mr Rainder Steenblock, Mr Zoltán Szabó, Baroness Taylor of Bolton (alternate: Lord Tomlinson), Mr Mehmet Tekelioglu, Mr Tigran Torosyan, Mr José Vera Jardim, Mrs Biruté Vesaité, Mr Varujan Vosganian, Mr David Wilshire, Mr Bart van Winsen, Mr Wolgang Wodarg, Mrs Renate Wohlwend (alternate: Mrs Doris Frommelt), Mr Marco Zacchera (alternate: Mr Italo Bocchino), Mr Krzysztof Zaremba. Ex-officio: MM. Mátyás Eörsi, Mats Einarsson, N.B. : The names of the members who took part in the meeting are printed in bold Head of the Secretariat : Mr Perin Secretaries to the Committee: Mrs Nachilo, Mr Chevtchenko, Mrs Sirtori-Milner 1 European Commission for Democracy through Law (Venice Commission), Opinion no. 314/2004 on the referendum of 17 October 2 Alexander Voitovich, former President of the 3 OSCE, Representative on freedom of the media, 4 http://www.delblr.cec.eu.int/site/page1885.html 5 OSCE/ODIHR Election Observation Mission, Final Report, 6 Common Positions 2004/848 CFSP and 2005/666 CFSP. 7 Interview with Radio Free 8 Resolution 1455 (2005) on the Honouring of obligations and commitments by the 9 Not only is 10 Cfr. www.ebrd.com/country/country/belarus/index.htm. 11 PACE press release, |
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