A democratic future for Belarus
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 25 January 2024 (6th sitting) (see Doc. 15892 and addendum, report of the Committee on Political Affairs and Democracy,
rapporteur: Mr Kimmo Kiljunen; and oral opinion of the Committee
on Legal Affairs and Human Rights, rapporteur: Mr Emanuelis Zingeris). Text adopted by the Assembly on
25 January 2024 (6th sitting).See also Recommendation 2266 (2024).
1. The Parliamentary Assembly reaffirms
its dedication to supporting and advocating for the rights, freedoms
and safety of all Belarusians. It stands in solidarity with all
those whose lives have been affected by the crimes of the Lukashenka
regime and reiterates its ambition to welcome a future democratic,
independent, sovereign, peaceful and prosperous Belarus as a member
of the Council of Europe.
2. The Assembly commends the outstanding progress achieved by
the Belarusian democratic forces in exile, under the leadership
of Sviatlana Tsikhanouskaya, in co-ordinating and channelling their
efforts to uphold the rights of all Belarusians and bring about
a democratic change in Belarus. It acknowledges and supports the European
aspirations declared by Ms Tsikhanouskaya and the Belarusian democratic
forces. It welcomes the creation of the United Transitional Cabinet,
the central executive body of the democratic movement, together with
the Coordination Council, a unified representative body of Belarusian
democratic society, as entities representing the legitimate democratic
aspirations of the people of Belarus.
3. In the run-up to and following the fraudulent 2020 presidential
elections, the state of human rights, democracy and the rule of
law further deteriorated in Belarus. The already negative trend
intensified following the Lukashenka regime’s participation in the
Russian Federation’s large-scale aggression against Ukraine, a most
serious violation of international law which has led the 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”. The regime’s decision to be an accomplice of the
Kremlin in this aggression stands in stark contrast with the engagement
of many Belarusians in support of Ukraine.
4. The peaceful expression of dissent by the Belarusian population
has been met by brutal repression resulting in an unprecedented
number of politically motivated arrests, detentions and widespread
intimidation of opposition figures, journalists, activists and human
rights defenders. Longer prison sentences have been handed down
and legislation has been introduced to expand the definition of
terrorist acts, which are punishable with a capital sentence. Torture
and ill-treatment in detention have been reported. Recalling that Ales
Bialiatski and Maria Kalesnikava were awarded the Václav Havel Human
Rights Prize for their indomitable struggle and personal sacrifice
for the promotion of democracy and human rights in Belarus, the
Assembly expresses its deep concern for the fate of all political
prisoners in Belarus and conveys its full support to their families.
5. There cannot be free and fair elections in a situation where
freedoms of speech, assembly and association are curtailed; opposition
political parties are liquidated and their leaders persecuted; the
freedom of the media is not respected; and where there is no redress
against these violations and no credible domestic or international
election observation is allowed. The Assembly therefore expresses
its serious concerns as regards the parliamentary elections to be
held by the Lukashenka regime in February 2024, fearing that they will
be yet another travesty of democracy, allowing the authorities to
perpetuate their grip on power despite the real will of the Belarusian
people.
6. The repression by the Lukashenka regime against the Belarusian
people is so serious, widespread and systematic that it may amount
to crimes against humanity and warrants full accountability under
domestic and international law. In this respect, the Assembly deplores
the steps taken by the regime to secure its impunity, such as the
introduction of the constitutional amendments of 2022 which give
the president lifelong immunity from prosecution and the denunciation
of the Optional Protocol to the International Covenant on Civil
and Political Rights, which deprives individuals in Belarus of the
right to lodge complaints before the United Nations Human Rights
Committee.
7. The threat posed by the Lukashenka regime extends beyond the
borders of Belarus: the weaponisation of migrants as a tool for
hybrid war against neighbouring States, the interception and forced
landing of Ryanair Flight FR4978 and the involvement in the Russian
Federation’s war of aggression against Ukraine are serious violations
of international law, while the active support given to the forced
deportation and transfer of Ukrainian children may be regarded as
a sign of war crimes. All this shows the extent to which the Lukashenka
regime represents a threat to international peace and security.
8. Similarly, the constitutional amendments of 2022 with which
Belarus relinquished its neutrality and allowed for nuclear weapons
to be deployed on its territory, together with a consistent policy
by the authorities to obliterate the Belarusian culture, language
and identity confirm, on the one hand, the existence of a security threat
to other countries and, on the other hand, the fears expressed by
many Belarusians that their country’s independence and sovereignty
are at risk.
9. 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:
9.1 immediately and unconditionally
cease its support of the Russian Federation in its aggression against
Ukraine, and therefore:
9.1.1 cease all support of the
forced deportation and transfer of Ukrainian civilians, including children;
9.1.2 stop providing logistical or other support to Russian
troops and refuse the transit of Russian troops through Belarusian
territory;
9.2 refrain from threatening neighbouring countries by any
means whatsoever, including through the weaponisation of migration;
9.3 accept responsibility for the interception and forced
landing of Ryanair Flight FR4978 as an act of unlawful interference
with civil aviation, as found by the International Civil Aviation
Organization;
9.4 cease all repressive measures designed to silence dissent
and ensure the unconditional and immediate release of all political
prisoners and provide for their rehabilitation;
9.5 declare an amnesty for all those arrested on political
grounds;
9.6 immediately put an end to all acts of torture or inhuman
and degrading treatment, whether in public, citizens’ homes or any
place of detention;
9.7 ensure 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”;
9.8 enable a peaceful transfer of power after the organisation
of free and fair elections;
9.9 ensure the separation of powers, the existence of a system
of checks and balances and the full independence of the judiciary;
9.10 ensure accountability under domestic law for human rights
violations;
9.11 take steps to protect the Belarusian identity, culture
and language, and to recognise and respect the rights of persons
belonging to national minorities;
9.12 establish without delay a moratorium on the death penalty
leading to its full abolition and ensure that any remaining death
sentences are commuted.
10. With a view to supporting a democratic future for Belarus,
the Assembly calls on Council of Europe member States to:
10.1 step up support for the democratic
forces and civil society of Belarus, in particular for the Office of
Sviatlana Tsikhanouskaya, the United Transitional Cabinet, the Coordination
Council, Belarusian civil society, and for free and independent
media;
10.2 intensify dialogue with Belarusian democratic forces by
appointing special representatives to Belarusian democratic forces;
10.3 step up support to the activities of the Council of Europe
Contact Group on co-operation with representatives of Belarusian
democratic forces and civil society;
10.4 provide technical support and expertise for the development
of democratic tools and resources for the Belarusian democratic
forces and civil society;
10.5 set up or support programmes aimed at assisting Belarusian
victims of violence, repression and torture;
10.6 facilitate entry and stay in safe and dignified conditions
for Belarusian citizens who flee the Lukashenka regime, in line
with 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;
10.7 maximise pressure on the Lukashenka regime by diplomatic
means as well as by strengthening efforts to implement an effective
system of sanctions;
10.8 maintain unity in addressing international threats posed
by the Lukashenka regime, and in particular in responding to the
weaponisation of migration;
10.9 continue to differentiate between the Lukashenka regime
and the people of Belarus and avoid, insofar as possible, that sanctions
against the former negatively affect the latter;
10.10 take into account in their policies towards the ruling
regime in Belarus the International Labour Organization (ILO) Resolution
of 12 June 2023 concerning the measures recommended by the Governing
Body under article 33 of the ILO Constitution on the subject of
Belarus.
11. Reiterating its
Resolution
2372 (2021) “Human rights violations in Belarus require
an international investigation”, with a view to establishing accountability
of the Lukashenka regime for violations of human rights and international
law, the Assembly:
11.1 welcomes
efforts and initiatives by international organisations, human rights
defenders and civil society representatives on the ground for the
collection, verification and preservation of documentation and evidence
of serious human rights violations perpetrated in Belarus during
and after the August 2020 presidential elections, and states its
support for the International Accountability Platform for Belarus
and its further strengthening;
11.2 welcomes initiatives to assess the condition of political
prisoners and provide aid to them, and encourages continued efforts
to gain access to detainees, including by the International Committee
of the Red Cross;
11.3 calls on Council of Europe member States to support ongoing
international efforts for accountability, including through the
establishment of a system of accountability for the crimes and human
rights violations committed against the Belarusian people, and by
exercising universal jurisdiction provided for in their criminal
legislation or, where applicable, by introducing this possibility
into their legislation;
11.4 calls on Council of Europe member States to explore options
for how the Lukashenka regime can be held accountable for its involvement
in the Russian Federation’s war of aggression against Ukraine;
11.5 recalling the full commitment of the Heads of State and
Government of the Council of Europe in Reykjavik to fighting the
impunity of perpetrators of the forcible transfer of children from
Ukraine, calls on Council of Europe member States to support the
investigations of the Office of the Ukrainian Prosecutor General
into the role of Belarus in forced transfers of children, and the
investigations of the Prosecutor of the International Criminal Court
in connection with the alleged war crimes of unlawful deportation
and transfer of children from or to the temporarily and illegally
controlled or occupied areas of Ukraine.
12. As regards its own work, the Assembly:
12.1 resolves to further promote the participation of representatives
of Belarusian democratic forces in its work so as to allow a representative
delegation of Belarusian democratic forces to take an active role
in any discussion taking place at the level of Assembly committees
and networks during part-sessions, with the authorisation of the
respective chairpersons, according to modalities to be established by
the Bureau of the Assembly;
12.2 calls for the setting up of a General Rapporteur for a
Democratic Belarus;
12.3 calls on the General Rapporteur for a Democratic Belarus,
the General Rapporteur for political prisoners, the General Rapporteur
on the situation of human rights defenders and the General Rapporteur
on the abolition of the death penalty to work closely together on
Belarus and to establish a structured dialogue with the Office of
Sviatlana Tsikhanouskaya, the United Transitional Cabinet, the Coordination
Council and their respective structures;
12.4 decides to intensify its engagement with Belarusian civil
society, human rights defenders, independent journalists and academia;
12.5 commits to continue supporting the activities of the Council
of Europe Contact Group on co-operation with Representatives of
Belarusian democratic forces and civil society;
12.6 sets forth to revive dialogue and co-ordination with other
international parliamentary assemblies with a view to supporting
the Belarusian democratic forces and civil society and promoting
a democratic future for Belarus;
12.7 will explore and support efforts to establish a network
of parliamentary friendship groups for a democratic Belarus;
12.8 reaffirms its support for political pluralism and encourages
its political groups to engage with Belarusian democratic political
parties;
12.9 invites Belarusian democratic forces to make use of the
Assembly’s tools and expertise on the organisation of elections
and on electoral processes;
12.10 notes the Urgent interim opinion on the Constitutional
Reform in Belarus of 21 February 2022 of the European Commission
for Democracy through Law (Venice Commission) and its comments on
the draft Constitution of Belarus prepared by the Belarusian democratic
forces, and encourages the Venice Commission, in line with its statute,
to continue to provide its expertise on constitutional reform in
Belarus and to co-operate further on strengthening the democratic
forces’ capacity to address issues relating to legislation and judicial
practice;
12.11 resolves to continue to follow the political situation
in Belarus.
