BLR 003 / 0211 / OBS 021

Warning / Obstacles

to freedom of association

Belarus

February 16, 2011

The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the International Federation forHuman Rights (FIDH) and the World Organisation Against Torture (OMCT), requestsyour urgent intervention in the following situation in Belarus.

Description of the situation:

The Observatory has been informed byreliable sources of a warning issued today against Mr. Ales Bialatski,President of the Human Rights Centre (HRC) “Viasna” and FIDH Vice-President, bythe Public Prosecutor.

On February 14, 2011, Mr. Bialatski hadbeen summoned by phone to the office of the Public Prosecutor “for a talk” today.

A written warning was handed to Mr.Bialatski by the Public Prosecutor on the same day alleging that the humanrights activities of the HRC “Viasna” are breaching the Belarusian legislationsince the organisation is not registered with the Ministry of Justice, and thatcriminal proceedings could therefore be launched.

The Observatory recalls that on the basisof Article 193.1 of the Belarusian Criminal Code, criminal proceedings can belaunched against individuals acting within a non-registered organisation. TheObservatory deplores that the HRC “Viasna” has been denied registration, mostrecently on August 12, 2009 by the Belarusian Supreme Court[1],contravening a July 2007 United Nations Human Rights Committee[2]decision, which had concluded that the dissolution of Viasna violated Article22.1 of the International Covenant on Civil and Political Rights and that theco-authors of the complaint were “entitled to an appropriate remedy, includingthe re-registration of Viasna”.

The Observatory denounces the issuance ofthis warning, which manifestly aims at sanctioning the human rights activitiesof Mr. Bialatski and the HRC “Viasna”.

The Observatory urges the Belarusianauthorities to refrain from harassing human rights defenders. The Observatorycalls upon the Belarusian authorities to conform in all circumstances with theUnited Nations Declaration on Human Rights Defenders, the Universal Declarationof Human Rights as well as international and regional human rights instrumentsratified by Belarus.

Actions requested:

The Observatory urges the authorities ofBelarus to:

i. Repeal thewarning issued against Mr. Ales Bialatski as it only aims at sanctioning hishuman rights activities;

ii. Put an endto all forms of harassment against Mr. Ales Bialatski and the staff members ofHRC “Viasna” and against all human rights defenders in Belarus and ensure they are, in all circumstances, able to carry out their workfreely without any hindrances;

iii. Put an end to all acts of harassmentagainst human rights defenders in Belarus;

iv. Comply with all the provisions of theUnited Nations Declaration on Human Rights Defenders, , adopted on December 9,1998 by the United Nations General Assembly, in particular with:

- its Article 1, which provides that “everyone has the right, individuallyand in association with others, to promote and to strive for the protection andrealization of human rights and fundamental freedoms at the national andinternational levels”;

- its Article 5, which provides that “everyone has the right, individuallyand in association with others, at the national and international levels […] tomeet or assemble peacefully; [...…] to form, join and participate innon-governmental organizations, associations or groups [...…] to communicatewith non-governmental or intergovernmental organizations.

- Its Article 6 (b) and (c) whichstates that “Everyone has the right, individually and in association withothers, as provided for in human rights and other applicable internationalinstruments, freely to publish, impart or disseminate to others views,information and knowledge on all human rights and fundamental freedoms; to study, discuss, form and hold opinions onthe observance, both in law and in practice, of all human rights andfundamental freedoms and, through these and other appropriate means, to drawpublic attention to those matters,

- and its Article 12.2 which provides that “the State shall take allnecessary measures to ensure the protection by the competent authorities ofeveryone, individually and in association with others, against any violence,threats, retaliation, de facto or de jure adverse discrimination, pressure orany other arbitrary action as a consequence of his or her legitimate exerciseof the rights referred to in the present Declaration”.

v. More generally, ensure in allcircumstances the respect for human rights and fundamental freedoms inaccordance with in accordance with the Universal Declaration of Human Rightsand with international and regional human rights instruments ratified byBelarus.

Addresses:

·President Alexander Lukashenko, ul .KarlaMarksa, 38, 220016 Minsk, Belarus, Fax: + 375 172 26 06 10 or + 375 172 22 3872, Email: infogrp@president.gov.by

·Administration of the President of Belarus

·Head of the Administration of thePresident of Belarus, Mr. Vladimir Vladimirovich Makei, Ul. K. Marksa 34,220016 Minsk, Fax: + 375 17 226-06-10

·General Prosecutor, Grigory AlekseevichVasilevich, Internatsionalnaya str. 22, 220050 Minsk, Belarus, Fax: + 375 17226 42 52

·Minister of Justice of Belarus, Mr. ViktorGrigorevich Golovanov, Ul. Kollektornaya, 10, 220004 Minsk, Belarus, Emailkanc@minjust.by

·President of the Supreme Court of Belarus,Mr. Valentin Olegovich Sukalo, Ul. Lenina, 28, 220030 Minsk, Belarus, Email: scjustrb@pmrb.gov.by

·Permanent Mission of Belarus to the UnitedNations in Geneva, 15 avenue de la paix, 1211 Geneva 20, Switzerland, Fax: +4122 748 24 51. Email: mission.belarus@ties.itu.int

·Embassy of Belarus in Brussels, 192 avenueMolière, 100 Ixelles, Belgium, Fax : + 32 2.340.02.87, Email : embbel@skynet.be

Please also write to the diplomaticmission or embassy of Belarus in your respective country.

***

Paris-Geneva, February 16, 2011

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

To contact the Observatory, call theemergency line:

E-mail: Appeals@fidh-omct.org

Tel and fax FIDH + 33 (0) 1 43 55 25 18 /+33 1 43 55 18 80

Teland fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] See the trial observation report of the Observatory on the denial of registration of the Public Human Rights Association"Nasha Viasna", October 2,2009.

[2] See CommunicationNo. 1296/2004 of the UN Human Rights Committee.