The urgent need for free and fair elections in Belarus
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 30 January 2025 (7th sitting) (see Doc. 16105, report of the Committee on Political Affairs and Democracy,
rapporteur: Mr Ryszard Petru). Text adopted
by the Assembly on 30 January 2025 (7th sitting).
1. Free 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 the protection of
individual freedoms and liberties.
2. The so-called presidential election organised in Belarus on
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.
3. This disregard for international law is made clear in the
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 in
its continued weaponisation of migrants as a tool for hybrid war
against neighbouring States.
4. Since 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.
5. The Assembly refers to the assessment of the European Commission
for Democracy through Law (Venice Commission) in its Final Opinion
on the Constitutional Reform of 24 October 2022 (Opinion No. 1054 / 2021)
that amendments to the Constitution of Belarus adopted by referendum
on 27 February 2022 provided no reasonable limitations on the term
of office of Mr Lukashenka. It further refers to the Interim Opinion
on Constitutional Amendments and the Procedure for their Adoption
of the Venice Commission of 23 March 2021 (Opinion No. 992/2020)
that assessed that ad hominem term-limit
waivers for incumbent presidents violate international legal principles.
6. The 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.
7. The 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 invite neither election observers from the Organization for Security
and Co-operation in Europe to observe the 2024 so-called parliamentary and
local elections, nor observers to the so-called presidential election
of 2025, is in contradiction to 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.
8. The unprecedented number of politically motivated arrests
and detentions, and the widespread intimidation of opposition figures,
journalists, activists and human rights defenders, have 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 their family and abuse by the Belarusian authorities
of alert systems of the International Criminal Police Organization
(INTERPOL) 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.
9. The 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.
10. The 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.
11. The 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.
12. The 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.
13. In a context where freedoms of speech, assembly and association
are curtailed, where opposition political parties are dissolved
and their leaders persecuted, where the freedom of the media is
not respected, where there is no redress against these violations
and where no credible domestic or international election observation
is allowed, it is clear that free and fair elections cannot be held.
14. The 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 of Belarus
and the Coordination Council, as an elected representative body
of Belarusian democratic society – which are leading efforts for
a democratic future for Belarus.
15. It 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 adopted by
the Heads of State and Government of the Council of Europe in May
2023.
16. In this context, the Assembly welcomes the development of
the activities of the Council of Europe Contact Group on co-operation
with Belarusian democratic forces and civil society, the establishment
of an information point for Belarusian people in Vilnius, decided
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.
17. The 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.
It 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.
18. The Assembly reiterates its ambition to welcome a future democratic,
independent, sovereign, peaceful and prosperous Belarus as a member
of the Council of Europe.
19. In light of these considerations, deploring the further deterioration
of human rights, the rule of law and democratic standards in Belarus,
the Assembly:
19.1 stresses that
democratic elections are not possible without respect for human
rights, in particular freedom of expression, assembly and association;
19.2 considers 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;
19.3 considers that there are no grounds for recognising the
legitimacy of Aliaksandr Lukashenka as president.
20. In 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 the Council of Europe’s
values and preserving its sovereignty and independence, Belarus
should:
20.1 cease all repressive
measures designed to silence dissent, and ensure the unconditional
and immediate release of all political prisoners and provide for
their rehabilitation;
20.2 declare an amnesty for all those arrested on political
grounds;
20.3 immediately put an end to all acts of torture or inhuman
and degrading treatment, whether in public, citizens’ homes or any
place of detention;
20.4 ensure the organisation of free and fair elections, together
with the respect for 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 Co-operation
in Europe;
20.5 enable a peaceful transfer of power after the organisation
of free and fair elections;
20.6 impose an immediate moratorium on the death penalty and
take steps towards its permanent abolition.
21. The Assembly calls on Council of Europe member States to:
21.1 reject 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;
21.2 in line with the Reykjavik Declaration, continue and intensify
support for the structures of the Belarusian democratic forces led
by Sviatlana Tsikhanouskaya;
21.3 maintain and expand efforts to investigate human rights
abuses in Belarus and actively support mechanisms that ensure accountability
for those responsible;
21.4 explore measures to 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;
21.5 in 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;
21.6 promote justice and accountability for crimes against
humanity committed against Belarusians by the highest military-political
leadership of Belarus;
21.7 support the referral of the Belarus situation by the Government
of Lithuania to the Office of the Prosecutor of the International
Criminal Court.
