The urgent need for free and fair elections in Belarus

1Free and fair elections constitute the very foundation of democratic government and a cornerstone of representative democracy. By electing representatives from among themselves to form governing bodies, citizens exercise their right to be represented in the political decision-making process. The right to vote and to stand for election is a fundamental human right, indispensable for the effective functioning of democracy, and for the protection of individual freedoms and liberties.

2The so-called presidential election organised in Belarus on the 26 January 2025 exemplifies the blatant contempt of the regime of Aliaksandr Lukashenka for basic democratic norms and international law that has characterised the three decades of his rule.

3This disregard for international law is made clear in Lukashenka regime’s participation in the Russian Federation’s large-scale aggression against Ukraine, a most serious violation of international law which led the Parliamentary Assembly to suspend all relations with the Belarusian authorities on the basis of its Opinion 300 (2022) “Consequences of the Russian Federation's aggression against Ukraine”, and its continued weaponisation of migrants as a tool for hybrid war against neighbouring States.

4Since the fraudulent elections of 2020, the Lukashenka regime has systematically implemented measures that in their design and implementation have entirely eroded all vestiges of the key pillars of democratic society in the country.

5The Assembly refers to the assessment of the European Commission for Democracy through Law (Venice Commission) in its Opinion of 24 October 2022 that amendments to the Constitution adopted by referendum in Belarus on 27 February 2022 provided no reasonable limitations on the term of office of Mr Lukashenka. It further refers to the Interim Opinion of the Venice Commission of 23 March 2021 that assessed that ad hominem term-limit waivers for incumbent presidents violate international legal principles.

6The Assembly reaffirms its consideration that any country that extends presidential term limits beyond the usual two terms of four or five years constitutes a significant departure from democracy and the rule of law.

7The Assembly recognises the invaluable role played by international election observers in providing credible and reliable election assessments, and reaffirms that in a truly democratic system, international scrutiny, transparency and accountability shall be encouraged. The decision to neither invite election observers from the Organization for Security and Cooperation in Europe to observe the 2024 so-called parliamentary and local elections, nor the so-called presidential election of 2025 is in contradiction of international commitments made by Belarus and is a further indication of the state of the democratic space and of civil and political rights and freedoms in Belarus.

8The unprecedented number of politically motivated arrests, detentions, and the widespread intimidation of opposition figures, journalists, activists and human rights defenders has forced over 500 000 Belarusians to flee the country, many of whom face continued repressions via trials in absentia, the confiscation of property, the inability to renew identification documents, threats to family, and the abuse by Belarusian authorities of Interpol alert systems to harass dissidents. The regime’s repression has a disproportionate impact on young people including politically motivated expulsions and arrests as well as the suppression of their rights to education, expression and participation.

9The Assembly is alarmed by the continued transnational repression of the Lukashenka regime, and calls attention to the politically motivated criminal trials in absentia of 31 May 2024 against 20 scholars, political experts, journalists, experts and opposition politicians and their labelling as individuals involved in extremist activities. Among those arbitrarily detained are partners of the Council of Europe who have been prosecuted for peacefully and bravely exercising their rights, and even for merely exercising their professional activities.

10The Assembly deplores that over 1 200 political prisoners remain detained in Belarus, including prisoners without any possibility to communicate with those outside for indefinite periods of time, and who experience torture, inhuman or degrading treatment, acts of physical or sexual violence, a lack of basic medical care and privacy, a lack of a fair trial, psychological pressure and discrimination.

11The overall policy of political repression has led to the adoption of legislation that effectively bans the registration and operation of opposition democratic political parties and the presentation of alternative presidential candidates. All opposition political figures are imprisoned or abroad. Three opposition candidates from the 2020 presidential election remain incarcerated, while the 2022 constitutional amendments of Mr Lukashenka extended age limits and residence qualifications for presidential candidates to effectively prohibit any Belarusians in exile from presenting a candidacy.

12The widespread and systematic nature of the persecution against the civilian population conducted by the Lukashenka regime may amount to crimes against humanity, and the Assembly acknowledges the referral, in September 2024, of the Republic of Lithuania to the Office of the Prosecutor of the International Criminal Court to investigate these alleged crimes.

13In this context where freedoms of speech, assembly and association are curtailed; opposition political parties are dissolved, and their leaders persecuted; the freedom of the media is not respected; where there is no redress against these violations and no credible domestic or international election observation is allowed – it is clear that free and fair elections cannot be held.

14The Assembly reaffirms its unwavering commitment to supporting the rights, freedoms, and safety of the Belarusian people while standing in solidarity with all those affected by the crimes of the Lukashenka regime, and its support for the Belarusian democratic forces, led by Sviatlana Tsikhanouskaya, and its structures – the Office of Sviatlana Tsikhanouskaya, the United Transitional Cabinet, and the Coordination Council, as an elected representative body of Belarusian democratic society – who are leading efforts for a democratic future for Belarus.

15It underlines that co-operation with representatives of Belarusian democratic forces and civil society remains a priority for the Council of Europe, as articulated in the Reykjavik Declaration of Heads of State and Government of the Council of Europe in May 2023.

16In this context, the Assembly welcomes the development of the activities of the Council of Europe Contact Group on Cooperation with Belarusian Democratic Forces and Civil Society, the establishment of an Information Point for Belarusian People in Vilnius in November 2024, and the regular dialogue established by the Committee of Ministers of the Council of Europe, including on the issue of the death penalty.

17The Assembly recalls its own pioneering resolve set out in its Resolution 2530 (2024) “A democratic future for Belarus” to further promote the participation of representatives of Belarusian democratic forces in its work. The Assembly welcomes, as a clear demonstration of this commitment, the establishment of a representative delegation of Belarusian democratic forces for the 2025 Session of the Assembly.

18The Assembly reiterates its ambition to welcome a future democratic, independent, sovereign, peaceful and prosperous Belarus as a member of the Council of Europe.

19In light of these considerations, deploring the further deterioration of human rights, rule of law, and democratic standards in Belarus, the Assembly:

19.1stresses that democratic elections are not possible without respect for human rights, in particular freedom of expression, assembly and association;

19.2considers that the so-called elections organised in Belarus on 26 January 2025 do not meet the minimum international standards for democratic elections and lack any democratic credibility;

19.3considers that there are no grounds for recognising the legitimacy of Aliaksandr Lukashenka as president.

20In line with the recommendations set out in its Resolution 2530 (2024), the Assembly believes that, with a view to honouring its obligations under international law, aligning itself to Council of Europe values and preserving its sovereignty and independence, Belarus should:

20.1cease all repressive measures designed to silence dissent and ensure the unconditional and immediate release of all political prisoners and provide for their rehabilitation;

20.2declare an amnesty for all those arrested on political grounds;

20.3immediately put an end to all acts of torture or inhuman and degrading treatment, whether in public, citizens’ homes or any place of detention;

20.4ensure the organisation of free and fair elections, together with the respect of civil and political rights and freedoms, in line with the recommendations set out in Assembly Resolution 2371 (2021) “Urgent need for electoral reform in Belarus” and recommendations made by the Venice Commission and the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe;

20.5enable a peaceful transfer of power after the organisation of free and fair elections;

20.6impose an immediate moratorium on the death penalty and take steps toward its permanent abolition.

21The Assembly calls on Council of Europe member States to:

21.1reject the legitimacy of the so-called elections in Belarus of 26 January 2025, to make clear their non-recognition of the election of Aliaksandr Lukashenka to the post of President of Belarus, and take decisive steps to broaden and intensify targeted sanctions against the regime and those who support its unlawful activities;

21.2in line with the Reykjavik Declaration of Heads of State and Government of the Council of Europe of May 2023, continue and intensify support for the structures of the Belarusian democratic forces, led by Sviatlana Tsikhanouskaya;

21.3maintain and expand efforts to investigate human rights abuses in Belarus and actively support mechanisms that ensure accountability for those responsible;

21.4explore measures to facilitate entry and stay in safe and dignified conditions for Belarusian citizens who flee the Lukashenka regime, in line with the Assembly Resolution 2499 (2023) “Addressing the specific challenges faced by the Belarusians in exile”; take measures to help them preserve their language, culture and identity; and refrain from returning them to Belarus as long as they are at risk of persecution;

21.5in line with Assembly Resolution 2509 (2023) “Transnational repression as a growing threat to the rule of law and human rights”, establish mechanisms to track incidents of transnational repression and ensure that partners of the Council of Europe, human rights defenders, journalists and activists, are better protected from the risk of transnational repression.