| 12.04.05 |
COMMISSION ON HUMAN RIGHTS
Sixty-first session
Agenda item 9
QUESTION OF THE VIOLATION OF HUMAN RIGHTS
AND FUNDAMENTAL FREEDOMS IN ANY PART OF THE WORLD
Albania*, Australia, Austria*, Belgium*, Bulgaria*, Canada,
Croatia*, Cyprus*, Czech Republic*, Denmark*, Estonia*,
Finland, France, Germany, Greece*, Hungary, Ireland, Israel*,
Italy, Latvia*, Liechtenstein*, Lithuania*, Luxembourg*,
Malta*, Netherlands,
Norway*, Poland*, Portugal*, Romania, Slovakia*, Slovenia*,
Spain*, Sweden*, witzerland*, The former Yugoslav Republic
of Macedonia*, United Kingdom of Great Britain and Northern
Ireland and United States of America: draft resolution
2005/… Situation of human rights in Belarus
The Commission on Human Rights,
Guided by the purposes and principles of the Charter of
the United Nations, the provisions of the Universal Declaration
of Human Rights, and other applicable human rights instruments,
Reaffirming that all States have an obligation to promote
and protect human rights and fundamental freedoms and to
fulfil their international obligations,
Mindful that Belarus is a party to the International Covenant
on Civil and Political Rights and the Optional Protocol
thereto, the International Covenant on Economic, Social
and Cultural Rights, the International Convention on the
Elimination of All Forms of Racial Discrimination, the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, the Convention on the Elimination of All
Forms of Discrimination against Women and the Optional Protocol
thereto, and the Convention on the Rights of the Child and
the Optional Protocol to the Convention on the sale of children,
child prostitution and child pornography,
Recalling its resolution 2003/14 of 17 April 2003 and 2004/14
of 15 April 2004,
Welcoming the visit of the Working Group on Arbitrary Detention
to Belarus,
Mindful of the requests made to the Government of Belarus
by the Working Group on Enforced or Involuntary Disappearances
regarding the disappearance of the former Minister of Internal
Affairs, Yury Zakharenko,
Noting the conclusions and recommendations of the Committee
against Torture on the third periodic report of Belarus,
which appear in the report of the Committee on its twenty?fifth
and twenty-sixth sessions (A/56/44), and the recommendations
of the Special Rapporteur on the independence of judges
and lawyers contained in the report on his mission to Belarus
(E/CN.4/2001/65/Add.1), as well as the lack of progress
of the Government of Belarus in addressing the noted shortfalls,
1. Expresses deep concern:
(a) That senior officials of the Government of Belarus have
been implicated in the enforced disappearance and/or summary
execution of three political opponents of the incumbent
authorities in 1999 and of a journalist in 2000 and in the
continuing investigatory cover-up, as documented in the
report adopted in resolution 1371 of 28 April 2004 by the
Parliamentary Assembly of the Council of Europe and endorsed
by the Committee of Ministers of the Council of Europe on
30 September 2004;
(b) At the findings of the final report of the Election
Observation Mission of the Office for Democratic Institutions
and Human Rights of the Organization for Security and Cooperation
in Europe of 9 December 2004, which stated that the parliamentary
elections of 17 October 2004 in Belarus fell significantly
short of commitments under the Organization for Security
and Cooperation in Europe, that the referendum of 17 October
2004 to eliminate term limits on the presidency took place
with unrestrained Government bias in favour of the referendum,
and that the Belarusian authorities failed to create the
conditions, particularly as concerns freedom of expression
and freedom of the media, to ensure that the will of the
people serves as the basis of the authority of government;
(c) About the report of the Representative of the Organization
for Security and Cooperation in Europe on Freedom of the
Media, dated 10 March 2005, which raises serious concerns
regarding the grave situation of the independent media in
Belarus, in particular the declining number of registrations
of independent newspapers and the increased pressure on
the media through judicial, extrajudicial and economic means;
(d) About the findings detailed in the report of the Special
Rapporteur on the situation of human rights in Belarus appointed
under resolution 2004/14 (E/CN.4/2005/35);
(e) About continuing reports that as of 1 February 2005
the Government of Belarus is enforcing excessive legal requirements
and requesting substantial monetary sums for registration
and continued operation of non-governmental organizations;
(f) About the conclusions of the Commission of Inquiry appointed
under article 26 of the Constitution of the International
Labour Organization to examine the Observance by the Government
of the Republic of Belarus of the Freedom of Association
and Protection of the Right to Organize Convention, 1948
(No. 87) and the Right to Organize and Collective Bargaining
Convention, 1949 (No. 98);
(g) About persistent reports of harassment and closure of
non-governmental organizations, national minority organizations,
independent media outlets, opposition political parties,
independent trade unions and religious organizations, and
the harassment of individuals engaged in democratic activities,
including independent media;
(h) About the revocation of the licence of the European
Humanities University and the continued pressure exerted
by the Belarusian authorities on the University and other
academic institutions;
(i) About the failure of the Government of Belarus to cooperate
fully with all the mechanisms of the Commission, as requested
by the Commission in its resolutions 2003/14 and 2004/14,
in particular with the Special Rapporteur on the situation
of human rights in Belarus;
(j) About the politically motivated prosecution of a leading
opposition figure;
(k) About continued reports of cases of arbitrary arrest
and detention;
2. Urges the Government of Belarus:
(a) To dismiss or suspend from their duties law enforcement
officers and public officials implicated in forced disappearances
and/or summary executions, pending an independent, credible
and full investigation of those cases, and to hold the perpetrators
promptly accountable;
(b) To ensure that all necessary measures are taken to investigate
fully and impartially all cases of forced disappearance,
summary execution and torture and that alleged perpetrators
are brought to justice before an independent tribunal and,
if found guilty, punished in a manner consistent with the
international human rights obligations of Belarus;
(c) To ensure effective protection of the rights of persons
deprived of liberty, as recommended by the Working Group
on Arbitrary Detention;
(d) To bring the electoral process and legislative framework
into line with international standards, especially those
of the Organization for Security and Cooperation in Europe,
including as regards the freedom of expression, to facilitate
the involvement of the Office for Democratic Institutions
and Human Rights in all elections and to live up to its
commitments under the Organization for Security and Cooperation
in Europe;
(e) To implement fully the recommendations of and to establish
an ongoing dialogue with the Special Rapporteur as well
as the Representative of the Organization for Security and
Cooperation in Europe on Freedom of the Media;
(f) To cease harassment of non-governmental organizations,
political parties, trade unions, independent media, educational
institutions, religious organizations and democracy and
human rights activists; to undertake a review of domestic
laws and practices regarding the compulsory registration
of non-governmental organizations and ensure that such laws
and regulations are implemented or amended to conform with
its international human rights obligations;
(g) To release individuals detained for politically motivated
reasons;
(h) To carry out the recommendations of the International
Labour Organization Commission of Inquiry and the recommendations
of the Working Group on Arbitrary Detention without further
delay;
(i) To respect the right to freedom of assembly and association;
(j) To provide public information regarding the execution
of those sentenced to death;
(k) To increase its efforts to combat human trafficking
and to protect the victims of human trafficking, in particular
women being trafficked for the purposes of sexual exploitation;
3. Insists that the Government of Belarus
cooperate fully with all the mechanisms of the Commission,
including by extending invitations to the Special Rapporteur
on the situation of human rights in Belarus, the Special
Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment, the Special Rapporteur on extrajudicial,
summary or arbitrary executions, the Special Rapporteur
on the promotion and protection of the right to freedom
of opinion and expression, and the Special Representative
of the Secretary?General on the situation of human rights
defenders, as well as the Working Group on Enforced or Involuntary
Disappearances, and through requesting technical assistance;
4. Decides to extend the mandate of the Special
Rapporteur for a further year, from within existing resources
and requests him to continue his efforts to establish direct
contacts with the Government and with the people of Belarus,
with a view to examining the situation of human rights in
Belarus and following any progress made towards the elaboration
of a programme on human rights education for all sectors
of society, in particular law enforcement, the judiciary,
prison officials and civil society, and to report to the
Commission on Human Rights at its sixty?second session;
5. Requests the Secretary General to give
the Special Rapporteur all necessary assistance in the discharge
of his mandate;
6. Decides to consider this question at its
sixty-second session, under the same agenda item.
*In accordance with rule 69, paragraph 3, of the rules of
procedure of the functional commissions of the Economic
and Social Council.
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