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Commentary on the U.S. Department of State Report
on Human Rights Practices in Belarus in 2003
The Belarusian side carefully studied the United States Department of State Report on Human Rights Practices in Belarus in 2003, which is prepared exclusively in accordance with the US national legislation. Most of allegations contained in the US Department of State Report of 2003 are taken from the report of 2002. These allegations are not commented on as they had received an appropriate evaluation in the Belarusian Commentary on the US Department of State Report on Human Rights Practices in the World in 2002. Evaluating the above document, the Belarusian side has to state once again that a biased nature of U.S. assessments of the political and economic situation in Belarus has become a tradition. The 2003 report on Belarus, as the previous one, contains one-sided, mostly untrue information, received from incompetent sources. The conclusions by the United States are again based on the allegations of the opposition or so-called "credible reports", completely ignoring the data provided by the official state institutions of Belarus. This allows us to contend that the U.S. authorities adopted a partial approach while drafting the report and analyzing the provided information. The report contains very out-of-date data and events, which were elucidated in a quite detailed way in the comments on the last year's Report on Human Rights in Belarus and official documents, with which the American side had been provided via diplomatic channels. This relates to such sections of the report as the rights of workers, women, children and handicapped; freedom of conscience; political rights of Belarusian citizens; situation with mass media and non-governmental organizations. Bearing in mind numerous violations by the US of international human rights standards, which have been brought to light by various international human rights organizations (Human Rights Watch, Amnesty International, etc.) and US Commission on Civil Rights, the unjustified criticism of the Belarusian authorities in this respect is but a pattern of a "double standards” policy towards the Republic of Belarus conducted by the United States. Belarus’ national legislation on human rights ensures universally recognized international standards. Separate cases of violation of human rights must not be considered as a governmental policy. Belarus remains open for a constructive dialogue in this field with all interested parties, including the United States. The U.S. Department of State report focuses on the alleged “illegal actions” by the Belarusian law enforcement authorities against opposition members. We have to remind that in Belarus citizens are prosecuted and detained only for violating administrative and criminal codes currently in force, regardless of their political views. The complaints by the arrested, including of opposition members, on unlawful actions of the law enforcement authorities are given a due consideration. In each case a thorough investigation is being conducted and those responsible are being punished. The American side continues to bring about the issue of the disappearance of some political opposition leaders while ignoring the detailed information, provided by the Belarusian side in the last year's commentary. The investigation process of the cases of missing people is under permanent control of the law enforcement leadership. In 2003, the Interior Ministry of the Republic of Belarus (IM) determined the location of 5745 missing people, which is about 85 per cent of all registered cases. No cases of violence on the part of the guarding personnel towards the detained or prisoners have been registered. Also, not realistic are claims that the detained have been forced to testify, beaten up or psychologically pressured, and claim that terms of arrest are often being violated. Not a single case of testifying under compulsion was registered in 2003. The fixed by the law terms of arrest are strictly controlled both by the supervising prosecutors and higher authorities. The terms of arrest and those of house arrest are being extended by prosecutors in accordance with the law. At the same time, the extension of these terms for more than six months is only allowed for in relation to persons prosecuted for perpetration of grave and extra-grave crimes. The right of the convicted to appeal against the court's verdict is secured by the resolutions of the Constitutional Court of Belarus, adopted in 2001 and 2002. The convicted have also the right to file a complaint to the Prosecutor’s Office of the Republic of Belarus and to other governmental bodies supervising penitentiary institutions. In addition to that, such complaints are constantly considered by the Penalty Department of the Interior Ministry of the Republic of Belarus. Directors of correctional institutions have visiting hours (not less than once a week) in order to efficiently settle down all the questions concerning complaints and petitions of the convicted. The allegation by the U.S. State Department that men and women, adults and minors are kept together, due to prisons being overcrowded, has also nothing to do with reality. Belarusian legislation (the Law of the Republic of Belarus on the Procedure and Conditions of Detention, Criminal Code of the Republic of Belarus) allows in some cases for the detention of a mother and her child under the age of 3 years together as well as detention of adults with minors in upbringing colonies. Fighting against corruption, including in law enforcement bodies, has been a top priority for the Government of Belarus. According to "Transparency International", Belarus ranks 53rd among 133 countries under the TI Corruption Perceptions Index. The corruption level in Belarus is lower than in the CIS countries and some new EU members, such as the Czech Republic, Poland, Latvia and Slovakia.
Belarus has tightened control over proper duty performance by the police stuff under the State Program on intensifying fight against corruption for 2002-2006 and the IM program on the law enforcement stuff. In 2004, 159 criminal lawsuits were filed against members of the police, of which 2,5 thousand were imposed penalties, including 310 people fired, due to the discipline and law offences. The allegations on a limitation of the freedom of expression and press in Belarus contained in the report are totally biased, partial and unfounded. There is no selective approach towards mass media in Belarus. The relations between Belarusian state bodies and mass media are based in strict compliance with the Constitution and the legislation on the media. The actions of the Belarusian state bodies towards the press, which were criticized by the United States, were taken for breaking national legislation and were not aimed at establishing public censorship or restricting rights of the independent press. Ignoring official Belarusian comments on press freedom impedes the US to get an objective picture of the real situation with mass media in Belarus. Elections issues have long been subject to criticism by the United States. However, U.S. arguments are often made without proper consideration of Belarusian election legislation and universally recognized international practice. The assertion that during the local elections in 2003 the election commissions consisted of members of the Central Election Commission of the Republic of Belarus (CEC), what allegedly contributed to control of Belarusian authorities over election campaign, is totally groundless. According to the national legislation, Belarusian citizens have the right to be members of only one election commission. CEC members have never joined local election commissions. Early voting, claimed by the United States to be a source of rough violations of the election process in Belarus, is widely spread worldwide, including in the US. For instance, in certain US States people may vote 50 days before the election, absentee ballots are widely used, early voting is permitted by mail or even by fax! Belarusian legislation provides efficient early voting procedure, which guarantees complete immunity of ballots before vote counting. Usually, international election monitoring is organized in relation to presidential and parliamentary elections. Local election campaigns are observed on exceptional basis in case of extraordinary circumstances (natural disasters or military actions consequences). Taking into account a stable political and economic situation in Belarus, absence of racial, religious or national tensions, and following universal international standards the CEC did not invite international observers to supervise the 2003 local elections. Appraising fairness and transparency of local elections in 2003, the United States has used complaints recorded by local observers. However a thorough study of local observers' conclusions and complaints clearly shows that these violations where insignificant and could not influence the final results of elections. Moreover, in most cases these complaints were issued due to inexperience of local observers or their purposeful recording of any action as a rude violation, regardless of the provisions of the national legislation and real facts. Belarus has made great emphasis on fighting against violence in families and improving situation of women in the society. A draft law on family violence prevention and suppression has been recently introduced in the House of Representatives of the National Assembly of Belarus. A special nationwide information campaign "Life Without Violence" encourages women to withstand violence and enhances their motivation to contact the police. There are two specialized crisis centers in Belarus for assisting women that became victims of violence. Minors may apply for assistance in social and educational offices of the Ministry of Education of Belarus. Information hotlines, operating in Minsk and Brest, provide consultations for women about secure stay abroad. A number of NGOs raise public awareness and ensure legal and physiological assistance for women which suffered from violence. Belarus has made great emphasis on improving the role of women in the society. In 2003, compared with men, women occupying leading positions made up 36 percent in industry, 69 percent in education, 34 in science, 36 percent in healthcare and social protection system. Women also made up 11 percent among rectors of Belarusian universities. Women account for 62,8 percent in the public service. Belarus has ensured a high level of support for families with children. In 2003, welfare payments covered 31 percent of Belarusian children. In 2003 public allowances increased by 33,7 percent. Welfare payments for children under the age of 3 are issued to all families regardless the level of their revenues. The allowances for children above this age are paid on a case-by-case basis, depending on their families' revenues. Besides, children under the age of 3 get medicine free of charge. Families with children are also supported by tax and credit advantages, extra payments to unemployment allowances and by other measures. Belarusian government traditionally focuses on protecting economic rights of workers. There is no gap between rich and poor in Belarus. According to the Vienna Institute for International Economic Studies Report (July 2004), the difference in income level among various social strata in Belarus is not significant. The Gini Index (income gap index) has practically not changed since 1992 and is actually equal to 0.34, which is much lower than in most CIS countries. The Constitution entitles the people of Belarus to protect their economic and social interests, including the right to form trade unions, to conclude collective agreements and to strike. The law of the Republic of Belarus on trade unions guarantees the right to establish trade unions and to join them freely. Trade unions unite more than 90 percent of workers in Belarus. Furthermore, a clear procedure for negotiating and concluding collective agreements is adopted in Belarus. The national legislation of Belarus in this sphere is more liberal than in a number of Western countries. It allows for maintaining a high level of social dialogue in Belarus. The Department of State failed to avoid partiality when evaluating the education system in Belarus, which has for years contributed to the high literacy level of the population. According to the UNDP Human Development Report (2004), Belarus outstripped all CIS countries by adult literacy index, which makes up 99,7 percent. Belarus leaves behind the CIS and some Western countries over the index of education expenses, which account for 6 percent of GDP. The allegations of the U.S. side that Belarusian authorities are seeking for cutting down education in Belarusian and other languages are entirely false. Schools with Belarusian, Russian, Polish, Lithuanian and both Belarusian and Russian languages operate in Belarus. National legislation ensures the right to choose the language of education. In 2003 and 2004 more than 60 percent of schools carried out their teaching in Belarusian, more than 30 percent did it in Russian and more than 8 percent chose both official languages. Belarusian cities have shown a growth of schools teaching in Belarusian. Minsk has 7 schools in Belarusian and 66 schools, where two official languages are used in the educational process. Certain lyceums and colleges in Minsk teach in Belarusian. In 2001 the Ministry of Education of Belarus started a program on enlarging the use of Belarusian within the national educational system. It foresees opening not less than one school teaching in Belarusian in each district capital and major cities' districts. Certain disciplines are taught only in Belarusian, including history and geography of Belarus. The U.S. perception of Belarusian authorities efforts to promote an official ideology is politically motivated. This policy is aimed at helping the Belarusian youth find its role in modern society. Students study the Constitution of the Republic of Belarus, its economic, political and social priorities, this country's traditions and values, achievements in science, culture, sport and other spheres. Belarus notes a positive appraisal by the U.S. of the Belarusian government's efforts to fight against trafficking in persons and welcomes regular contacts established by the U.S. Embassy in Minsk with relevant Belarusian state bodies. In 2003, Belarusian law enforcement authorities cleared 535 crimes, connected with human trafficking. 250 victims of human trafficking were identified, illegal activity of more than ten criminal groups, including one international group, which had sold women to Israel, were suppressed. Thus Belarus contributes to the efforts of the international community in combating human trafficking. Actually Belarus is bringing its national legislation in line with international law, in particular the U.N. Convention against Transnational Organized Crime and the supplementary Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Belarus became one of the first forty countries to join this Convention. The Interior Ministry of Belarus has worked out proposals for a draft law on amendments to the Criminal Code of the Republic of Belarus and for establishing responsibility for child pornography dissemination. Belarus continues to implement a State Program on Withstanding Human Trafficking and Dissemination of Prostitution for 2002-2007 in which a special emphasis is made on human trafficking prevention. The information on necessary secure steps for people, who wish to find a job outside the country is broadcast and published in the media. Belarus continues to develop international cooperation in the fight against human trafficking. The IM has established direct links with law enforcements authorities in a number of countries, first of all, with those of the EU member states. Belarus keeps on holding special international conferences and seminars, where mechanisms of further enlargement of cooperation with other nations are discussed. Belarus confirms its aspiration for a dialogue with the United States in the field of human rights on equal grounds and hopes that broadening cooperation with Belarusian state bodies will contribute to a more objective appraisal by the United States of the situation in Belarus. Nonetheless, the Belarusian side strongly opposes politicizing human rights issues and using them as a means of interfering with internal affairs of sovereign states. |
