MINISTRY OF FOREIGN AFFAIRS

OF THE REPUBLIC OF BELARUS

Commentary on the U.S. Department of State Report

on Human Rights Practices in Belarus in 2004

The Belarusian side studied the United States Department of State Report on Human Rights Practices in Belarus in 2004.

Most of allegations contained in the US Department of State Report of 2004 are repeated from previous reports in spite of exhaustive comments and evaluations submitted by the Belarusian side. In this connection the Belarusian side sees no need to comment on these allegations.

It is necessary to state that the United States continues the policy aimed on preconceived and biased reflection of the human rights situation in Belarus. Manipulating facts and information from dubious sources, author of the report try to artificially create negative image of Belarus and to form in the opinion of the world community the impression of Belarus as an undemocratic state.

One-sided and politicized approach of the US authorities to human rights situation in Belarus is proved by the refusal of many states, including those which maintain high level of cooperation with the United States, to accept the report.

Turning a blind eye on numerous violations of human rights in its own country, the USA has no moral right to criticize other countries to say nothing about teaching them democracy. Groundless attacks on Belarusian authorities concerning human rights violations are the evidence of policy of double applied by the USA as regards Belarus.

The protection of human rights is constantly in the focus of attention of Belarusian authorities. Consistent socio-economic policy conducted by Belarus over a long period combines realization of fundamental civil rights and freedoms with principles of social justice.

The Department of State report gives incomplete and frequently distorted picture of social and economic rights of Belarusian citizens. Social sphere is traditionally one of the priorities of internal policy of Belarus. Belarusian Government accords considerable attention to creating favorable conditions of labor, to providing equitable and steadily growing remuneration to employees.

According to data of the Ministry of Statistics of Belarus, in 2004 the salary of Belarusian citizens increased 43 percent and reached the level of $200 (in 2003 $139.4). Besides, in a number of sectors, including healthcare and education, the salary of woman is traditionally higher than average.
According to the report of UNDP mission in Belarus, published in November 2004, the rate of growth of average monthly salary in Belarus is higher than in other CIS countries, except Russia and Kazakhstan.

The conclusion of the US Department of State that the conversion of all government employees to contracts limits rights of workers has nothing to do with reality. Transfer to fixed-term contracts objectively corresponds to world tendencies in the employment sphere. The number of fixed-term contract employees in the OECD countries has increased from 9.9 percent in 1992 to more than 11 percent in 2001. According to ILO, in these countries the average of 15 percent of employees stay with the same employer less than one year. This indicator in the USA is 25 percent.

Policy of the Belarusian Government in the area of contract relations is designed to provide maximum guarantee of social rights of workers. According to the Decree of the President of Belarus on additional measures on improvement of labor relations and strengthening of labor discipline, contract employees are provided with wide social guarantees, including measures of labor stimulation and additional remuneration.

Government Regulation of October 26, 2004 increases protection of such categories of contract workers as women being on maternity leave and child care leave, as well as workers of pre-pension age. In particular, the regulation provides for the prolongation of the contract until the end of maternity leave, which is 56 calendar days long in Belarus and until the end of child care which is over when the child is three. Term of social leaves in Belarus is longer then in the US, where maternity leave lasts up to 42 calendar days, and child care leave – up to 6 weeks.

State Labor Inspection Department of the Ministry of Labor and Social Security of Belarus makes regular checks on compliance with law when signing contracts. According to the results of inspections in January – April 2005, penalties were applied to 226 employers who committed abuses, 210 officials were brought to administrative responsibility.

Contract workers in the same extent as workers who have no-term labor agreement, enjoy all lawful social and economic rights, including the right to form trade unions, make collective bargains and organize strikes.

The American side provides false data about the situation of labor security enforcement in Belarus. According to the Labor Code of Belarus, each worker has the right for a working place which corresponds to labor security requirements and is protected from dangerous or harmful factors. Employers must provide their workers who work in dangerous or unhealthy areas with special uniform and other means of individual protection.
Workers have the right to refuse to work if clear danger to their life and health appears, until that danger is eliminated, or if they are not provided with means of individual protection. In such cases the employer must give the employee another work according to his qualification, or, with his permission, work for up to a month with a salary not lower than the average wages at previous job. If necessary, the employer must provide the employee, at his expense, with vocational training with the payment no less than average wage.

Authors of the report have a vague idea of the activity and functions of the State Labor Inspection of Belarus. According to the national legislation, this body has broad authority to monitor and control the observance of labor security law by organizations of any type of property.

In 2004, the State Labor Inspection performed more than 25,000 checks. Administrative proceedings with penalties were instituted against more than 8,000 officials, about 3,000 officials received disciplinary punishment. 160 officials were relieved of their posts, 139 of them – for one-time flagrant violation of labor security rules that caused injury or death of other workers. Criminal proceedings were instituted against 80 people.

As a result of measures taken, within the last five years the annual number of the injured at Belarus’ enterprises almost halved, the level of death industrial injuries decreased by 12 percent.

The United States gives a biased estimate of Belarus’ fulfillment of its obligations in the sphere of labor relations, which is unacceptable. In doing so, authors of the report forget that the USA has not yet ratified the International Pact on Economic, Social and Cultural Rights of 1966. The USA does not support the Pact in terms of guarantees of people’s rights for labor, assembly and social protection.

Belarus actively participates in the development of international cooperation in the sphere of employment, including with the aim of bringing the national law in accordance with universally recognized international standards in this area. Belarus ratified 48 conventions of the International Labor Organization and takes part in the implementation of its 8 major conventions.

In 2004 the ILO Commission on Investigation visited Belarus to study the implementation by the Belarusian side of the Freedom of Association and Protection of the Right to Organize Convention (No. 87) and Right to Organize and Collective Bargaining Convention (No. 98). Commission representatives held consultations with Belarusian state bodies, trade unions and employers’ associations, in the course of which international experts received the detailed information about the protecting the rights of workers in Belarus.

Following the visit, the Commission developed a number of recommendations, to comply with which the Government of Belarus drafted and implemented the Plan of Action to fulfill the recommendations of the ILO Commission on Investigation for the first half of the year 2005. In its final report, the ILO Commission expressed its appreciation of the assistance of the Government of Belarus regarding all the aspects of its work in the country.

The groundlessness of the critics of the American side towards Belarus can also be confirmed by the experience of interaction between the USA and the ILO. Within the whole period of activity of the ILO, the USA ratified only 14 conventions on labor out of more than 200. Out of these 14 conventions. 2 have not entered into force for the USA. During the 93rd session of the International Conference on Labor in Geneve in June 2005, representatives of many countries expressed their concern with the fulfillment by the USA of international commitments in the sphere of employment, including no progress reached within 4 years on the issue of considering by the US Congress of Discrimination (Employment and Occupation) Convention (No 111), as well as absence of proper attention from the US Government to keeping dialogue with workers and employers.

Accusations by the American side of restrictions of academic freedoms in Belarus and persecution of young students for political convictions are far-fetched and politically motivated. Development of education, broadening of social guarantees of young people and employees of educational institutions are among most important priorities of socio-economic policy of Belarus. Reforms of education system are under way in Belarus, which stipulate 12-year period of study, introduction of subject studies in final years of high school and 5-day week, introduction of two-level training of specialists with higher education, reform of the structure of training of specialists keeping in mind the demand at the labor market.

Considerable attention is accorded in Belarus to raising competitiveness of young specialists, per capita number of which in Belarus is higher than in any other CIS country. In 2004, for every 10,000 people there were 370 university students (in 2002 – 282 students).

Annually from 20 to 30 integrated professions are introduced in institutions of vocational training, depending on the situation at regional labor markets. Training on 237 new professions in demand at the labor market started in 2004 only. About 70 percent of graduates get training on two or more professions during their studies. This policy is aimed, among other things, at stimulating the tendency of unemployment reduction. Belarus continues to lead all other CIS and Eastern European states on unemployment level, which is under 2 percent.

The system of social guarantees for students and professors is being improved in Belarus. National legislation allows young students to receive stipend, free food, placement in hostels, material assistance, treatment and recuperation in sanatoriums and resorts. Belarusian law gives additional social guarantees to orphaned children and children without parental care, children from families with multiple children and low-income families, students from regions contaminated as a result of Chernobyl disaster.

Characteristics of situation with protection of the rights of the child given by authors of the report is preconceived and ungrounded. The Government of Belarus accords serious attention to full development of the child, provides the necessary social guarantees to him. National Commission on the Rights of the Child is set up in Belarus in order to fulfill provisions pf the UN Convention on the Rights of the Child and to provide support in the process of personal and social development of the child. National Report on the Rights of the Child is issued in Belarus annually beginning from 1999.

In the Republic of Belarus, institutions on rendering social and psychological support to the children in socially troubled situations are being established. 145 children’s social refuges, 47 social-pedagogical centers, 149 centers of correctional and development study and rehabilitation for mentally and physically challenged children are functioning in the country.

One of the priorities in the field of protection of the rights of the child, guaranteeing his full development is the improvement of the system of pre-school education, which as a primary level of basic education provides upbringing, teaching, development of the child and is a reliable support for the family. According to UNICEF report “Social Monitoring 2004” Belarus has the highest level among CIS countries of coverage of children by pre-school education, which makes up about 70 percent.

Allegation by the American side about cruel treatment of inmates in Belarus, including torture, has nothing to do with reality. The United States brings ungrounded accusations against Belarus. This is particularly striking on the background of documented humiliation by American military men of inmates at Abu-Ghraib prison in Iraq and at military base Guantanamo, including with psychological and physical coercion. Besides, the US is not full member of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984. The Convention was ratified by US Congress on the condition of preserving absolute priority of American Constitution over the provisions of the Convention.

Belarusian law establishes the procedure of retaining the accused in custody and excludes physical or psychological influence on inmates. The law of Belarus on conditions of retaining persons in custody provides for the constant medical examination of inmates, the results of which have to be documented. Inmates have the right to file petitions, complaints, proposals to different Government institutions. Besides, complaints of inmates are considered regularly by the Department of Corrections of the Ministry of Internal Affairs of Belarus. On order to efficiently act on such complaints, the head of every correctional institution receives inmates no less than once a week.

Belarusian legislation establishes equal custody conditions for different categories of prisoners (men, women, minors, etc.). Prisoners have the right to receive unlimited amount of parcels of food and clothing for the amount up to 30 kilograms monthly, to receive and send letters without any censorship. Meetings with close relatives, family members and other persons are unlimited with the permission of the criminal prosecution authority. Meetings with the defense (attorneys and relatives that have been permitted by court to act as defense) are also unlimited in number and duration and are confidential.

The Law on procedures and conditions of custody stipulates more favorable conditions of custody for minors, pregnant women and women with children. They are provided with more living space, improved nutrition, extended time for walks (for minor – 3 hours, for pregnant women and women with children – without restrictions), specialized medical care, psychological help and general education for minors.

Situation with organization of meetings, street processions, demonstrations and "limitation" of Belarusian citizens' rights to organize is still the object of criticism by the American side. Conclusions of the report do not take into account the internal legislation and international practice in provision of public security. Cases mentioned in the report when persons who organized and participated in mass actions, which were held with violation of public order, were brought to account. Administrative sanctions against those persons were taken only because of violation of existing law, including the Constitution of Belarus and the Law on mass actions in the Republic of Belarus, and did not aim limiting rights for organization of demonstrations and other street meetings.

By presenting claims to Belarus, the United States is forgetting about violations of the rights to organize of its own citizens. For example, during manifestation in New York City on August 29, 2004, which was dedicated to the Republican Convention, New York Police Department arrested more than 200 protesters. According to the National Lawyer Guild, arrested demonstrates were not read their rights and the reason of their detention was not explained. They were detained for 24 hours whereupon they were released with court warrants. Some of the demonstrators were kept in storage facilities of New York port in insanitary conditions.

State Department gives biased judgments of functioning of judicial system in Belarus. The argument of the American side on dependency of judges and attorneys on executive power does not correspond with reality. According to Article 110 of the Constitution of Belarus, judges are independent and obey nothing but the law. In compliance with the Law on judicial system and the status of judges, influence on judges aiming at preventing comprehensive, complete and objective consideration of cases or at obtaining unlawful court decision, sentence or ruling is subject to criminal liability.

According to the law on legal profession, this profession is an independent legal institute, dedicated to realize professional law protection activity. The law establishes the principle of independent legal representation, which includes guarantees of unhindered activity of attorneys. National legislation on legal profession prohibits interference in professional attorney's activities and prohibits attempts to demand from him information subject of attorney’s secret.

The Law stipulates recognition and compliance of government bodies and officials of Belarus with secret of consultations of attorney with the person, for whom he provides legal assistance while performing professional duties.

Execution of disciplinary punishments toward attorneys is in a strict competence of the self-government bodies of attorneys. Issuing and cancellation of licenses for attorneys is done by the Ministry of Justice on the basis of decision of Qualification Commission. This is done with direct participation of attorneys' self- government bodies and attorneys who are members of the Commission.

Furthermore, the law on legal profession stipulates the right to appeal in court the decision of cancellation or refusal to extend license. Judicial review of legality and validity of decisions taken by the Ministry of Justice is a guarantee for protection of rights of citizen for attorney's activities.

The provision of the report on pressing non-government organizations by Belarusian authorities and about political motivated closing of NGOs are groundless and are not confirmed with concrete facts. In Belarus public associations are liquidated only in compliance with a court ruling in xases stipulated by the law. Thus, according to the law on public associations, a public association may be liquidated due to following reasons: performing actions aimed at overthrowing or at forced change of the Constitutional order, at violating integrity and security of the country, at propaganda of war, of violence, of national, religious, and racial animosity, at performing activities harmful to physical and psychological health of citizens; when within a year there is a recurring action that previously prompted a written warning, when a public association violates the said law and other legislative acts at the time of registration.



The State Department’s criticism of the practice of interaction of NGOs with Belarus appears to be irrelevant, taking into consideration the strict system of the state regulation of the activities of non-governmental organizations in the United States itself, based on the mechanism of registration, obtaining permission to perform activities, of taxation and of organizations’ liquidation. For example, the law of the state of New York on non-commercial corporations states the necessity for an NGO to be registered with the state’s administration, which is impossible without an obligatory permission of a corresponding body or an official – Prosecutor General, education, healthcare, or social security commissioner, and others. The law endows Prosecutor General with wide authority concerning regulation of the activities of non-government sector, ranging from granting the NGO a permission to perform its activities till submitting liquidation documents to court for violating not only the said law, but also other legislative acts of the state.

The conclusion of the American side on the absence in Belarus of a persistent campaign against corruption contradicts the reality. In compliance with the State program of augmenting fight against corruption for the years of 2002-2006, the state entities of the country are engaged in a systematic anti-corruption activities. In 2004, more than 600 officials, including several high ranking figures, were sentenced for such crimes, as theft of property with abuse of power or receiving bribes.

The accusation of the American side about a wide spread of corruption in Belarusian courts appears to be groundless. Sentencing of a judge for receiving a bribe in 2004 is an isolated case and can not serve as a ground for such accusation.

According to the world index of corruption perception for 2004, compiled by “Transparency International”, Belarus is placed 74th among 152 states. The index of corruption level in Belarus remains lower, than in all other CIS states and in several Central and East European countries.

The assertion of the American side about discrimination of Gipsy minority by Belarusian authorities does not represent the facts and proves, that the authors of the report do not have the information about the subject. In Belarus there is a peaceful and calm situation as far as national minorities’ rights are concerned. There are no cases of ethnic intolerance in the country.

Belarus is pursuing a consistent policy regarding interethnic relations, aiming at the creation of favorable conditions of the development of national and ethnic groups, of their positive interaction with the Belarusian culture, of facilitating cultural, spiritual, and linguistic ties between various nationalities.


In Belarus, there are more than 140 nationalities. In the country, there are 11 public associations of 22 national unions, Gipsy including: Belarusian Gipsy diaspora, Belarusian Gipsy association “Roma”, International public Gipsy organization “Revival”, Public association “Oshmyany Gipsy community”.

State bodies of Belarus, including Committee on Religions and Nationalities, Ministry of Culture, Republican Center of National Cultures provide informational, methodological, organizational, practical, and financial aid to Gipsy associations.

In December 2004 for the first time in Gipsy history in Belarus a printed publication “Roman Lav” was published – a bulletin of the public association “Belarusian Gipsy Diaspora”. In the City of Baranovichy, a monument dedicated to gypsies who had been executed by fascist occupants during the Great Patriotic war was unveiled.

The American side should pay more attention to the information of the Belarusian authorities when drafting reports on human rights in Belarus. Occasional mentioning in the report of actions of the Belarusian authorities to secure citizens’ social rights can not confirm the striving for balanced and impartial approach to the human rights situation in Belarus, which is proclaimed by the American side.

The Republic of Belarus reiterates its readiness to a constructive dialogue with the United States on human rights. We deem it necessary to build such a dialogue exclusively upon the principles of mutual respect and impartiality. We are decisively against politicization of human rights issues are and against its use as a tool to press the Republic of Belarus.