Hans Thoolen on Human Rights Defenders

[The human rights situation in Belarus will be considered by the HRC during its 41^st session (see: https://humanrightsdefenders.blog/2019/06/14/guide-to-human-rights-defenders-issues-at-the-41st-human-rights-council-starting-on-24-june/). Since the creation of the Special Procedures mandate in 2012, Belarus has refused to cooperate with the mandate holder.]

….The Special Procedures mandate, created and renewed under item 4 of the HRC’s agenda, has been an essential and positive mechanism. When widespread violations occur with impunity in Belarus, there is no recourse to justice at a regional level as Belarus is not a member of the Council of Europe. Equally, Belarus only occasionally submits itself to a review by a United Nations Treaty Body; for instance, Belarus was recently reviewed by the Human Rights Committee, a body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its State parties, though this was for the first time in over 20 years. The Special Rapporteur, therefore, remains a near-solitary mechanism for bringing regular international attention to the serious human rights situation in Belarus. The mandate is particularly important for Belarusian civil society, not only as a means for reporting human rights violations but also for the preventive role that the mechanism plays, with Belarus knowing that its actions are being monitored and reported on at an international level.

Such prevention is being called on by Belarusian civil society at the moment. There are fears that upcoming Parliamentary and Presidential elections in Belarus will be a pretext for a spike in human rights violations against human rights defenders, lawyers, journalists, online activists and others, as has happened systematically during electoral periods in the past. As many will remember, it was the spike in violations that took place directly following the 2010 presidential elections that led to the creation of the current mandate. States are urged to seek guarantees from Belarus that such violations do not take place again…..

However, the HRC should also be clear that dialogue alone is not sufficient, and that Belarus’ many systemic human rights challenges need to be addressed with unambiguous and systemic action.

We urge the HRC to maintain international scrutiny over the human rights situation in Belarus by renewing the mandate of the Special Rapporteur until tangible steps are taken by the government of Belarus, including:

• Full cooperation with UN human rights mechanisms, allowing the Special Rapporteur to visit Belarus, and concrete steps toward implementing the recommendations of the Special Rapporteur and other UN mechanisms, including the Human Rights Committee;
• Preventive steps to ensure that the upcoming Parliamentary and Presidential elections do not see an increase in human rights violations, as in past electoral periods;
• An end to the harassment and intimidation of independent journalists, human rights defenders, activists, government critics, and civil society organisations, including by dropping politically motivated criminal cases against them, and registering independent human rights organisations and other NGOs that apply for registration;
• A commitment to bring the legislation of Belarus in line with international human rights standards including on the rights to freedom of expression, freedom of association and peaceful assembly and put an end to politically-motivated prosecutions;
• The introduction of a moratorium on executions with a view to full abolition of the death penalty.

Amnesty International

Civil Rights Defenders

Human Rights House Foundation (HRHF)

Human Rights Watch

International Federation for Human Rights (FIDH)