Conditions and development of civil society of Belarus
Analytical report on the monitoring materials: April-June 2011
Andrei Yahorau, Tatiana Vadalazhskaya,
Center for European Transformation
Introduction
This material presents the
results of the monitoring of the processes taking place in civil society of
Belarus. The monitoring is aimed at tracking the development of the range of
civil society organizations working in the field of development of democratic
transformations through concrete actions, advocacy campaigns, human rights protection,
organizational development system. The program framework will define the
complex of processes that have been tracked and analyzed:
Formation and
development of the National Platform of the EaP CSF;
Development of processes
of the civil society dialogue with the national and local authorities;
International
cooperation and interaction with civil society of Europe, the Eastern
Partnership countries, international donors and European structures;
Evolving of the civil
society structure and cooperation with various types of subjects;
Development of the quality
and efficiency of promotion and protection of interests, actualization of the
rights of target groups;
Change of conditions of
activity of civil society structures.
The presented analysis is
based on the monitoring of the mass media (12 popular editions), analytical
materials and regulations, the monitoring of conditions of non-commercial
organizations’ activity and law enforcement practice, as well as on a special
analysis of civil initiatives [1].
The received results allow
to evaluate the situation in the sphere of development of the processes in
civil society of Belarus and to define the priorities of the further
development.
General political conditions and circumstances
All the processes in civil
society, starting from the beginning of the year of 2011, have been evolving under
the influence of the number of political events, which set conditions and
possibilities for the civil society activities.
The presidential election of
December, the 19th 2010 have became the defining moment, setting the
general background in the life of civil society. During the election campaign major
public attention was focused on the political processes and figures. The
electioneering set thematic priorities in the activity of a part of civil
society associations: organization of election monitoring, civil campaigns to
support democratic candidates. Meanwhile the other activities of civil society structures
remained in the shadow of pre-election events and received no coverage and
resonance neither in the public opinion nor in conceptualizations of other
subjects of democratic forces.
The events of December,
the 19th and the wave of repressions which followed have totally
affected civil society: both structures and associations and single citizens, informal and temporary communities and
associations. Firstly, detentions, searches and arrests have became the major
circumstance of life and activity of many public associations and civil society
activists for few months. Secondly, the wide wave of repressions and appearance
of political prisoners has became a challenge for joint civil actions,
in public associations have been taking active part. This also required to evolve
the urgent actions, first
of all the human rights ones, which were not pre-planned in advance. Thirdly,
the general change of the political and public climate in the country has became
a basis for an analysis and revision of mid- and long-term plans and programs,
formulation and discussion of new strategic prospects.
Against
the background of these circumstances have been evolving the processes analyzed
below.
1. DEVELOPMENT OF THE NATIONAL PLATFORM OF
THE CSF OF THE EaP
The National Platform of the Eastern
Partnership Civil Society Forum (even though it was created within the scope of the concrete
initiative) was conceived and built as a platform for forming and strengthening
the circle of subjects of civil society, leaders and associations, jointly
working to promote democratic transformations. The Eastern Partnership has became
an occasion and possibility for creating such a platform, which could pretend to
be a base for a legitimate dialogue with the Belarusian authorities
in the long term as for the most important issues in the development of the country [2].
Activity within the framework of the National Platform in a period of April-June 2011:
1) Intensive consultations
and formation of the further strategy of civil society actions after the events
of December, the 19th.
Since February, 2011 on the basis of the National Platform of the EaP CSF there has started an active discussion of strategic prospects and organization of
activity [3].
On 11-12 of April 2011 a
conference "The
role and the place of civil
society in the strategy of the future" took place, on which a number of resolutions was adopted. The conference did not pass a joint strategy for the National
Platform, but it became the base for forming the
coalition for implementation of the strategy «We are
one nation». In the following months, the coalition for the
strategy implementation failed to initiate a negotiation and unification
process with the democratic opposition forces and a broader range of civil
society organizations in the country. Nevertheless, this civil society
initiative has influenced the unification processes within the opposition
forces which resulted in formation of a new joint platform on June 2011, the 29th,
(United Civil Party of Belarus, Movement "For Freedom", the party "Fair
World", initiative "The Belarusian Christian Democracy”, The Partyja
BPF, campaign “Speak the Truth!”).
2)Preparation for the third Eastern Partnership Civil Society Forum in
Poznan. Preparations for the third Eastern Partnership Civil Society Forum in Poznan. On May, the 25th 2011 has been
declared the next call
for applications to participate in the 3rd Civil Society Forum. This year there were received 78 applications for participation
in the Forum (last year there were 94). A greater number of applications in relation to the
previous year among all the partner countries was received
only from Azerbaijan. According to the selection procedure the final list of
organizations that will
go to represent Belarus at the EaP CSF in Poznan is being formed on the base of three types of recommendations: from the National Platform, from the coordinators of the thematic groups of the EaP CSF and the recommendations of the European
Commission. On July, the 5th 2011 there was held a regular conference of the National
Platform of the CSF in Belarus, where has been formed a list of 31 organizations recommended for participation at
the Forum in Poznan. The singularity of this year has become a marked activity of pro-state NGOs while applying for participation in the Forum. In
particular, the applications were received from such organizations as the Union of Writers of Belarus,
chaired by Nikolai Cherginets, the official Belarusian Union of Journalists,
the Federation of Trade Unions of Belarus, as well as a number of industrial unions of the Federation
of Trade Unions of Belarus.
The basic tendencies and
results of development of the National Platform as a place for consolidation of subjects of civil society:
1. The National Platform has became a place
for wide communication and coordinated decision-makingactivities on concrete matters, but it did not reach the level of strategic
consolidation and hasn’t become the real actor of public transformations. Nowadays, the National Platform steadily
exists as a place for joint consultations where a wide range of subjects of
civil society can rather quickly and constructively work out a general,
coordinated position on certain issues and get mobilized for its promotion. However, the circle of these issues is limited. First of all, it is a point-target reaction on urgent events or actions. While interaction within the framework of the National Platform at this
stage does not let to make coordinated
strategic decisions and long-term programs of development as these demand coordination of activity not in private,
separate situations, but throughout a long time as well as require reorganization of activity of subjects and structures of civil
society according to the general prospect of development. While in a more favorable period (before December, 19th)
the consolidated actions and decisions on the basis of the National Platform
had a proactive character, then after these conditions have changed, the possibility of consolidation is limited only by the conditioned attitude: answers and statements that are the reaction to the actions
of the authorities and to external circumstances.
The obstacles on the way of transferring to the strategic coordination and actions level are:
Absence of a formed structure (formal and informal) of relations within
the framework of the National Platform. Among participants of the Platform there has been formed a certain pool of initiative and active leaders. Nevertheless, their authoritativeness is low and trust to them is not high enough so that they could speak responsibly
on behalf of the Platform and quickly react to challenges and possibilities, while having the
support of the Platform. In the conditions of a wide and non-structured discussion it is impossible to make quick decisions and to act as a joint subject as between subjects of the public and political field.
Principle of a wide
inclusion in consultations within the framework of the National Platform turns into distinctions in the tasks’ levels, spaces
of self-determination and action, claims and ambitions of the entering subjects. This variety, which is per se an advantage of the Platform, if
there is a formal equality of participants and there are no other ways of
decision-making besides consensus, becomes a retarding factor as for
possibilities of a strategic consolidation.
2. The quantitative increasing of the number
of participants of the Platform as well as growth of popularity and
influence on processes in the countryare slow. The National Platform is an open area with
extremely minimized bureaucratic operations: all the delegates of the two previous Forums as well as
all of those who show their activity and desire to participate in joint consultations are considered to be participants. With such an informal principle of inclusion the number
of participants could
be considered as the number of subscribers of the Platform
newsletter (more than 100
addresses), the number of participants in various events within the framework of the
National Platform (about 100 organizations-participants
of the latest conference) and the number of joints to general statements and appeals (up to 50
signatures). While the circle of the subjects who have participated
in the National Platform actions, at least in one form referred above, is intensively increasing, so the pool of subjects (associations and leaders) who
constantly show their activity and initiative, hasn’t not practically changed since the
moment of the first actions of the National Platform in 2009 (no more than 10
associations and no more than 15 leaders).
The Platform, despite its full vitality, has not received a wide degree of popularity not only in Belarusian society [4],
but also among public structures themselves, as well as among other subjects
who are traditionally considered to be democratic forces (political opposition, cultural and religious
communities, etc.). The number of materials or even mentions about the National Platform and its leaders in
the most popular mass media which do not belong to the participants
of the Platform ranges from the total absence of mentions in the
state-run editions to 1-2 materials on an average during the most active periods of its activity in separate independent
editions - TUT.BY, BelaPAN [5].
The National Platform is most
seriously perceived by the official European structures, in the first place by those that are
directly linked to the Eastern
Partnership initiative. For them, this association
and its ability to formulate the coordinated position of Belarusian civil society (partly, at least)
as on generally valid matters acts as a
potential subject of relations.
The obstacles on the way towards strengthening the
influence and increasing of the number of active participants of the National Platform
are: the narrow understanding of the content and functions of the Platform by its
participants; difficulties of self-determination of civil society subjects
(organizations, communities, informal circles) as real subjects of social and political life; absence of a purposeful policy of
informing and promoting both the National Platform and its leaders.
3. A number of think-tanks’ active
inclusion in the activity of the National Platform and in defining of general course and
coordination of actions has essentially increased their efficiency and
potential due to their constant analytical support and in-depthstudies of the ideas
offered as the general bases. It was
manifested in especially impressive way while drawing up a common course, proposals and the strategy of
actions of the Belarusian delegation at the Berlin Civil Society Forum of the
EaP (it carried on the tradition set up earlier).
In the substantial description of ideas and actions participated: Center for
European Transformation, Belarusian Institute for Strategic Studies, Analytical
Portal «Wider Europe» as well as analysts of the The
Assembly Of Pro-Democratic NGOs Of Belarus and Movement for Freedom. This fact created a possibility to prepare qualitative proposals
which got through alternatives and criticism and generated
the basis for launching a wide discussion on a high professional level. The
professional discussion allowed the other participants to be engaged in the discussion and to understand more deeply the experts’ proposals so that then to independently assert the common
position and to act. Moreover, the experts’
and analysts’ inclusion allowed to prepare the documents
according to the necessary format and quality.
At the same time, the weak
participation of various experts and expert centers in the joint elaboration of strategic proposals for the National Platform resulted in the current absence of a
coordinated and accepted conceptualization on the
further perspective steps.
The further development of the National Platform of the CSF of the EaP
as a place of consolidation of thecivil society structures
requires: a) continuation of proactive inclusion and initiative in the processes of the Eastern
Partnership, its formatingand conceptualizing
of the roles of civil society; b) continuation of the practice
of coordinated positioning of participants of the National Platform asfor the events and processes in Belarus; c) development
of its own long-term programs of activity on the National Platform basis (participants
or their coalitions) and increasing the number of supporters
of the general strategy; d) establishment of linkages and relations
of an institutional level with other subjects of democratic forces -
associations and coalitions of political forces, trade unions, etc.; e) wide public
circles’informing on the essence, activity and prospects
of the National Platform; f) formation of working bodies, elaboration and acceptance of regulations of activity of the
National Platform, its representation on different levels.
EXPANSION OF INTERACTION OF VARIOUS SUBJECTS OF CIVIL SOCIETY
(EXPANSION OF THE "STRUCTURE" OF CIVIL SOCIETY).
Difficult conditions of activity of any non-state
forms of joint activity for Belarusian citizens make the task of such subjects’
interaction more important and valuable, not only in order to strengthen the efficiency of their own activity, but also to form and adjust such a phenomenon
and factor of influence on public life as civil society. The force and
influence of civil society depend on the quantity of subjects and union of efforts
of the most various subjects: independent experts, journalists, of business, churches or religious communities, informal communities, non-governmental
organizations, etc., as well as on the realization of their belonging to civil
society of the country. Expansion of interaction of different subjects
under the general name “civil society” and promotion of this name in the public
consciousness is an actual, but quite difficult. In this context
it is necessary to note several tendencies:
1. The category “civil society” remains rather
vague and insignificant both at level of public consciousness of the country
and as a possibility of self-identification for the actors. As researches
show, the awareness of the activity of public associations is low (46,4% know what
public associations are), meanwhile the conceptualizations about subjects of
civil society are blurred. This it due to, on the one hand, the absence of
knowledge about independent public associations, and on the other hand, with the
presence of state support, including informational one, of the state-run public
associations (Belarusian Republican Youth Union, “Belaya Rus” (“White Russia”),
etc. Participation in public activity or events carried out by public
associations is even less representative (no more than 25% of the population confirms
their participation in such activity).
The
word combination “civil society” is perceived even in a more abstractive way and
it strongly depends on the context. This is due to the form the materials are
presented in the mass media, using the category of “civil society” in articles
as well as the fact how the subjects identify themselves and call as
representatives of civil society. In the period of political tensions and
actions of solidarity the word combination “civil society” was used basically to
designate the ideological and civic stand of political and not political,
individual and collective subjects. It was acting as a uniting category. Still,
as for more traditional kinds of activity, out of solidarity actions, civil
society is the name (and the self-name) of the non-political part of democratic
forces; in the first place, public associations, networks and associations, while
separating from these trade unions, informal communities, etc. This does not enable
the comprehension of unity and necessity of coordinated consolidated actions.
2. Interaction between various subjects of
civil society is mainly built according to a "sample" principle while
public associations act as initiators of actions on behalf of “civil society”. Active
participants of the majority of civil initiatives, actions, campaigns and
activity programs are either separate public associations or coalitions of
basically the same type of associations (public organizations) and of the same
orientation. Cooperation of public associations with the mass media, and,
sometimes and even more in recent time, with expert or analytical structures is
the most often. However, it is often noted that public associations separate
themselves from political or politicized structures; trade unions and religious
associations rarely join such coalitions. Coalitions that include collective
and individual subjects as equals are formed even less often.
The appeal
concerning the draft law “On non-commercial organizations” (May of 2011) became
the most wide-scale fact of interaction of a wide range of public associations
of different types and directions of activity. The appeal was signed by 112 non-commercial
organizations of various organizational-legal forms and directions of activity which
unite more than 270,000 members. However, such a wide participation is fixed at
the level of one-time interaction, and the prospects of any further joint
activity are not high yet. An example of longer interaction of collective and
individual subjects of different types on behalf of “civil society” is the coordination
of actions within the framework of the National Platform of the CSF of the EaP.
Here as well, however, there are no steady tendency and fixed forms of such
interaction.
Despite the importance of the matter of growth
of influence of civil society in the country and coordination of actions of its
various subjects in defending the general interests, interaction remains rather
weak. Mutual public representativeness and awareness on activity of various
segments of civil society remains weak; comprehension of the generality of
problems and of necessity of consolidation in front of the general challenges is
extremely low; sporadic contacts and separate attempts of cooperation between
various subjects are overflowed by reciprocal stereotypes. The problem of overcoming
the situation of dissociation in civil society remains essential, but almost impossible
to solve in the short-term period.
THE DIALOGUE BETWEEN CIVIL SOCIETY AND THE
STATE
Despite
« the dialogue between the state and civil society» is being declared by both
sides as an essentially necessary mechanism of interaction, there has been no real
advancement towards it during referred period. Moreover, the perspective and potential
steps and positions, which had been worked out by autumn 2010, have been almost
erased by the events on December, the 19th and the consequences.
1) Before December, the 19th each
of the sides offered and promoted its understanding of the organization of such
a dialogue and its mechanisms. The state created institutions and
"consultation structures”, which embodied its format of the dialogue, regulated
according to the structure of participants and the themes with a vague and
unessential mechanisms of execution of arrangements. This format was embodied, in
the first place, in public consultative councils, which were created or became
more active in various state structures (ministries, executive committees,
committees). A complete, vertically organized system that would include a
complex of thematic platforms of civil society in various ministries and
departments and corresponding public consultative councils as tools of lobbying
and advancement of public interests, should have become a way of fixing such a format.
Legitimization of this system had to take place during the negotiations between
the Belarusian authorities and European Commission within the framework of Belarusian-European
cooperation development; there was organized a conference on the creation of another
National platform of civil society held by Yury Zagumenov.
This proposal
was positively accepted by a number of public associations and leaders who saw
it as a possibility to promote their ideas and proposals and to influence the solution
of certain issues. At the same time, another part of civil society, mainly
concentrated around the National Platform of the EaP CSF, considered these
mechanisms and actions on their introduction as an imitation and simulation of
the dialogue with no necessary conditions and possibilities for equal and free
participation. As a result of coordinated actions, the hasty attempt of fixing
and legitimizing the proposed mechanisms of the dialogue was shut down.
Unlike the uniform
position of the state, civil society didn’t demonstrate the same coordination in its beliefs and actions. The orientation on the dialogue
with the state structures was shown, first of all, within the framework of
local topics or specific tasks or problems. Despite special cases of success (in
the field of protection of the heritage, ecological solutions, introduction of
some articles in legal acts), as a whole, this practice can be called little effective. It was supported by individual
qualities of the state
officials eager to listen to certain arguments. Still, the facts of successful interaction did not
provide any further systemness of communication.
2)The majority of attempts of the "dialogue"
with the state concerning separate vital issues used to come to an end at the
first step - claims and proposals
from public associationswhich received
no reply. However, rather steady interaction has been built concerning some matters.
Unilateral claims and proposals is the
most widespread form of the "dialogue" of civil society and the
state. The habitualness and prevalence of this form leads to the fact that
"applicants" do not hope to receive an answer and have no plans
concerning the further steps. It affects the content and the form of claims and requirements which quite often are not initially planned to be carried out and to have the dialogue
possibilities. At the same time, possibilities of interaction and conversation
(with the further promotion of interests) exist in separate spheres when the
state does not see any threat in this cooperation and can control the course of
conversation. Such examples as interaction with the Belarusian Voluntary
Society for Protection of the Monuments of History and Culture, Belarusian
Language Association and Minsk Capital Union of Businessmen and Employers
act as a demonstration of the presence and possibility of the dialogue. However,
after the events of December, the 19th
even these forms of interaction are if not suspended, but at least are not widely advertised.
The problem of the dialogue between civil society
and the state remains sharp. Right now, it is necessary to constate the unreadiness
of both subjects for an equal dialogue. Civil society has not resolved the issueof uniform
legitimate subjectness and the uniform substantial position in the situation of
a possible dialogue. The current abandonmentof the policy of the relative
liberalization after the events of December, the 19th has suspended the minimum forms of interaction of
civil society with the state that, though does not demonstratean absolute impossibility of a renewal of the dialogue
in the near future (presumably, in autumn 2011). Civil
society has received an extra time to strengthen and internally reorganize its relations; however, the attempts of such reorganization in February-May of 2011 were not successful basically for the reasons of subjective
resistance and mutual contradictions between different agents of civil society
(inside the National Platform of the EaP CSF, between the National Platform
and subjects of the democratic opposition, single leaders,
etc.)
INTERNATIONAL COOPERATION AND INTERACTION
The international
cooperation and interaction of civil society of Belarus is ranged between several basic levels:
partner interaction with civil society organizations of EU and the countries of
the Eastern Partnership, interaction with international donor structures,
interaction within the framework of the EaP CSF, contacts with official structures of Europe and the
European Union. The level of partner contacts not often gets into open sources
and it is difficult to trace it. Nevertheless, there is no
sufficient base to believe that the intensity of contacts at this level has
essentially increased during the examined period. As for the other levels, it
is possible to speak about some new tendencies:
1) Increasing the role of Belarusian civil society organizations in projects and programs destinated for Belarus. During the referred period, there has been growth of the value and relative weight of civil
society organizations in the definition of priorities and purposes of the donor
policy as to Belarus. Since the beginning of 2011, civil society organizations actively participated in conferences
and meetings regarding changes in the volume and structure of the donor support of the EU for Belarus with
the participation of high representatives of European institutions, EU member states,
international donors (in February, the 2nd (Warsaw), in March, the 21st and in July, the 7th (Brussels)). Coalitions of
influential non-governmental organizations have become the subjects of planning
and implementing major programs of support and development of civil society.Coalitions
of influential public organizations have become the subjects of planning and implementation of large programs of support and development of
civil society. As examples, it is possible to consider the program of support to the repressed
people initiated by the European Commission in the framework of the Instrument
for stability, Belarusian research and academic consortium with the support program of the doctoral research studies, the project of Organizational consulting services market and some others. The basic change is that Belarusian organizations are included in such projects and
programs at all stages: from designing and projecting to direct actualization and monitoring. The
reason for such changes has been the success of civil society of Belarus at the
European level, including the visibility and effectiveness of actions of civil
society organizations of the country within the framework of the Civil Society
Forum of the Eastern Partnership, the big visibility of coalition actions of
civil society during the recent years (the National Platform of the EaP CSF, counteraction to the “verticalization” of the public-state interaction in August-November 2010).
2)In a situation of sharp deterioration of relations between Belarus and the EU after the events of December, the 19ththe Civil
Society Forum has become the last
legitimate platform for cooperation between Belarus and the EU. This fact poses to civil society in Belarus a number of serious
challenges; in particular, the
potential to influence the content of the EU policy towards Belarus through the Forum meets the weak commitment of
civil society organizations in promotion their own proposals.The initiative
and innovative character of actions of the Belarusan delegation at the I and the II EaP CSF has
allowed Belarusians to keep the position of chairperson of the
Forums. The proposed ideas of the "road
maps", monitoring of processes, bigger substantial weight of offers of the
Forums came put to be defining in
discussions and decisions of the EaP CSF.
However, the chronic problems of interaction of Belarus civil society within the framework of the structures
of the CSFs were not solved; this fact reduces the probability of
recurrence of success by the Belarusian delegation at the next EaP CSF in Poznan. Firstly, even the former
participants of the Forum and the organizations of the National Platform have
no understanding of the accurate strategy of their own actions concerning the Eastern
Partnership and CSF. Secondly, horizontal interaction between civil societies
of the countries of the EaP remains extremely weak. A positive moment was the
meeting of participants of the National Platform with the Steering Committee of
the CSF, having, at the same time, more symbolical rather than
working value.
3)Rhetorical accent on the growth of supportfor civil society
of Belarus in statements of the official
structures of the EU. After the
crackdown of the protests of December, the 19th of 2010, the total number of official statements of
structures and officials of the EU concerning Belarus has sharply increased.
Besides statements on infringements of human rights, reprisals against
civil society and political opposition, requirements for
immediate release of
political prisoners, there have constantly seen theses
about the necessity of increasing support to civil society. In the EU, there
have taken place several representative conferences on topics of increasing forms of support to civil society
of Belarus (in particular, the Conference dedicated to Belarus in Warsaw on
February, the 2nd 2011 and a coordination meeting of donors and implementators of
international programs on March, the 21st in Brussels) at which it was declared
about a substantial growth of the volume of financial support for the development of civil society. Nevertheless,
concrete forms of help and implementation mechanisms of these promises remain vague enough.
It is necessary to note that the general concepts used in statements about
civil society of Belarus, are quite wattered as
well. As a rule, they speak about some abstract civil society; concrete types
and names of organizations or names of people appear only while talking about those who have suffered from reprisals. This is the result of not only the weak knowledge of civil society of Belarus, but also of the absence of accurately expressed subjectness
of civil society in the country. The same fact explains the practically total
absence of motivated and reasonable diplomatic efforts on the part of civil society
of the country in promoting their interests at the European level. Despite the constant presence
of representatives of public organizations at meetings in the European Parliament,
PACE, international conferences, etc., it is not possible to speak about the
coordinated strategy of civil society of Belarus in this direction.
The period of successful actions of Belarus’ civil society at the
international level in 2009-2010 has led to the strengthening of its
international influence. Further
development of this influence will be possible if there is a tendency on
consolidation inside civil society, expansion of consultations and coordination
of the foreign policy actions of civil society of Belarus both inside the
country and in interaction with civil societies of the countries of the Eastern
Partnership and international donors.
PROMOTION AND PROTECTION OF INTERESTS, ACTUALIZATION OF
THE RIGHTS OF TARGET GROUPS
During the referred period, from the beginning of the 2011, there have been working more than 20 civil initiatives of different types:
from one-time, local actions on concrete issues and tasks to complex, permanently working
campaigns aimed at promoting certain ideas and mass civic protests
in the frames of "Revolution Through Social Network” [6]. There are among
them: complexes of actions on protection of the architectural-historical heritage,
on promotion of the Belarusian
language and culture, the initiative on the organization of an independent
investigation of the death of journalist Bebenin, the initiatives in the sphere
of monitoring the presidential election «Fair Elections» and «Human rights
defenders for free elections», the campaign “The
Human Rights Defenders against Capital Punishment” (works since 2009), a complex of actions and measures
to prevent the building of the nuclear power plant; a number of ecological initiatives; the
initiatives of solidarity with people repressed during the 2010 presidential
campaign and the repressions that
followed as to the participants of the protests; the campaign on protection of the office of the Partyja
BPF(“Belarusian Popular
Front”); the collective appeal concerning the draft law "On Noncommercial Organizations", formation of the “VISA-FREE” coalition and others.
Analyzing the character of
the organization, its
methods of activity and the efficiency of these initiatives, it is possible
to allocate a number of features:
1) After the 2010 presidential electionthe character,
the typeand the topics of civil initiatives have have changed. In the previous period, the bulk of civil campaigns
in Belarus was concentrated on the cultural-historical, ecological and human rights subjects. After the events of December, the 19th
the overwhelming majority of campaigns, actions and
initiatives have been substantially linked to the consequences of the presidential
election, expression of solidarity and rendering assistance to those who suffered
from the crackdown of the oppositional demonstration of
December, the 19th and the actions that
followed in June, "Stop-petrol" and "Revolution Through Social
Networks" and also to those who have been
arrested and accused of participation and/or organization of mass riots. These campaigns have their own features:
Mobilization of wider
layers of Belarusian citizens who did not belong to public and
political structures;
Individual participation
and initiation of actions, instead of belonging to an organization or a party;
Spontaneous
and temporary character aimed at solving a concrete problem;
Active use of a network
principle of distribution of the information and organization of initiatives according
to the network
principle, using of social networks in the
Internet for coordination of initiatives;
Primary use of resources
inside the country (of civil society), active attraction of material means of
citizens.
A flare of such a kind of civil
initiatives testifies in the right of the potential
of citizens of Belarus who can be mobilized to solve tasks or to overcome
problems that are localized, clear and proportional to
individual activity of people. At the same time, the analysis shows that the
number of such initiatives gradually decreases, giving way to more habitual
forms of work on promotion of interests.
2) Even the most mass and active civil initiatives have insufficient
information support. More often,
the information on campaigns does not go beyond the scope of the mass media directly
connected with the organizers (their own and friendly sites, newspapers). The
appearance of the messages concerning civil initiatives in a wide range of the mass
media is, at best, singular. The exception is a complex of actions of the
antinuclear problematics and counteraction to the building of the nuclear power station as well as protest actions
"Stop-petrol" and "Revolution Through Social Networks"
traditionally widely covered by media. Still,
its development, course and results are presented even less often in the mass
media. More frequently, it is possible to find only information on applies on organization or implementation
of an action. In the state-run mass media, the information on such initiatives and campaigns of civil society is not
presented at all even in the negative light.
Such an informational
policy narrows the possibilities of a wider range of subjects to
join the initiatives, it also it does not allow the activity of civil society to
become a visible phenomenon in the country’s life,
and the positive cases do not become known to the public.
3) Organization and active participation in initiatives on promotion of interests are often limited by a narrow circle of public associations and structures
(sometimes it is even one structure); it isn’t considered to have a wide connection neither with other
associationsnor with wide public. The majority of initiatives "belong" to one or several
structures; coalitions of associations of a certain type and a thematic
direction are less; there are practically no coalitions and campaigns uniting
subjects of different types - NGOs, party structures, trade unions, etc. The
appeal concerning the draft law "On Noncommercial Organizations" became the most wide-scale fact of interaction of
a wide range of public associations of different types and directions of
activity, which can be explained, on the one hand, by the topic that is
important for many people, and, on the other hand, by the purposeful work of the
initiators to draw a wide range of the interested subjects. As the initiatives
which have arisen after December, the 19th have shown, solidarity and
interaction are revealed more often and more effectively at the individual
level, rather than at the level of structures and organizations. The obstacles on
the way to display solidarity and to widen the structure of participants of
civil initiatives are:
Politicization of the public life. Many organizations of an
entertainment, cultural and social orientation are beware of cooperation
and interaction with public associations that claim to have a democratic orientation and especially, with openly political structures. A different
political orientation can also become a ground to refuse interaction.
Thematic limitation of
activity of the majority of public associations. It does not allow to display
solidarity with the activity on other topics and to reach the level of shared problems. It is supplemented by difficult conditions of survival of public
associations which do limit
resources - temporal, human, and financial ones.
Difficulties of compatibility of spontaneous initiatives and civil participation
at the individual level with activity of organizations and associations.
4) The most widespread methods and forms of advancement of interests are
drives for signatures for requirements, petitionsand claims, distribution
of informational materials, pickets, protection of interests through legal
procedures. Among the creative, but rarely used methods have been attraction of well-known people (the campaign
against the capital punishment), organization of public
hearings (ecological initiatives), organization of cultural actions (the campaign
for advancement of the Belarusian language), using of expertise. A small variety of methods is partly caused by the
marginal conditions of civil society existence
which limits forms of direct lobbying, interaction and dialogue with the state structures. On the
other hand, this is a reflection of the reactive character of civil activity, i.e.
initiatives arise as reply to someone's actions or events, such as to protect or to stop
decisions, already accepted. Proactive proposals find
support and public resonance less often.
A considerable part of
actions are appeals, demands and claims which do not
receive any public reaction from the authorities or, in
cases of a bureaucratic necessity, receive only a formal reaction which all the interaction
comes to an end
with.
Analytical work is used
mainly "inside" campaigns and initiatives such as expertise, monitoring of the condition of a problem or of the
legislation. At the same time, analytical support of the course of campaigns is
practically absent as well as regular analytics of the general condition of the
sphere of civil society and its separate components.
5) Efficiency of campaigns and initiatives differs,
depending on concreteness and scale of purposesas well as in the
form of interaction with the state structures.
Campaigns of solidarity
with the victims aimed at concrete purposes,
limited in time and focused on actions inside civil society, were the most
effective and reached their objects. Campaigns and initiatives with wide procedural purposes
(informing, supervision, popularization) planned to be implemented during long period of time and aimed at having influence on public consciousness and behavior,
are also often estimated as effective ones. However, they have no more or less precise
criteria of evaluation, and their efficiency is commensurate with the efforts, general
possibilities and conditions, and is defined as performance or not performance
of the planned actions. The absence of high-grade and regular researches of
public consciousness concerning a wide range of questions does not allow us to
trace precisely changes and to connect them with activity within the framework
of campaigns and initiatives. Nevertheless, as for the topics of ecology and the
building of the nuclear power station, the capital punishment, development of the Belarusian language,
it is possible to speak about the effective promotion of interests.
Campaigns and initiatives
directed on interaction with the state structures - requirements of
cancellation or acceptance of these or those decisions, execution of
legislative norms, protection of the rights, etc., - practically never achieve
full performance of tasks in view. Success of such initiatives is
connected with coincidence of interests represented by subjects of civil
society and tasks and priorities of the state structures or separate officials.
Such a coincidence sometimes happens in the politically non-engaged themes -
protection of the historical-architectural heritage, advancement of the Belarusian language, ecological solutions.
As a whole, promotion and
protection of interests remainsmainly to be protest activity, which effects do not almost
leave the limits of a circle called “democratic
forces”. At the same time, the events have shown the ability
of Belarus’ society to have a wide spontaneously organized civil activity and
solidary actions. For development of processes of promotionof interests and protection of the rights of
citizensis necessary: wider consolidation and interaction
of various structures, broadcast and distribution of the positive experience of
joint actions, expansion of informational work with the population of the
country about initiatives and campaigns.
CHANGE OF CONDITIONS OF ACTIVITY OF SUBJECTS OF CIVIL SOCIETY
The general political
condition in the country has been extremely negative background and factor that
influence the activity of public associations, communities and other forms of
display of civil activity. Primarily, the negative influence
is reflected not in the deterioration of formal legal conditions, but on the
law enabling practice. An additional factor is that the mass media form the
negative image of civil society in the public opinion.
1)The legal conditions of the public associations (non-commercial
associations) existence have not been essentially changed. In November, there were insignificant alterations
in liability of infringement of the order of use of foreign free support («the upper plank » of responsibility was
reduced). The list of public associations, societies and unions, which, while
renting premises, could
have used the basic rates with the lowering factor 0,1,
was supplemented.
At the same time, in
March, 2011 it was planned to discuss in the Parliament
the draft law "On
Noncommercial Organizations" which would regulate legal conditions of
activity of structures of civil society. According to experts (a number of domestic
and foreign NCOs - the International educational NGO “ACT”, Enlightening Institution "Centre of Legal
Transformation”, International center of the non-commercial
right, etc.), the offered draft law does not eliminate the existing obstacles in the
activity and development of public associations, but even complicates
procedures and norms:
The sphere of the use of
the “declaring” principle of registration of NCOs is reduced (now it includes establishments
and associations), the registration system becomes even more difficult;
The problem of existence
of non-registered organizations is not solved and, the main thing, the criminal
responsibility for activity of some forms of NCOs which
do not have the state registration, is not eliminated (article 193.1 of the
Criminal code of Belarus);
There are additional
forms of the already bulky reporting and control requirements for NCOs;
There are restrictive
measures for separate categories of persons who are deprived of the right to
create NCOs in the form of establishments;
Still remain invariable positions of the draft law which define
the location of NCOs.
After a formal discussion
of the draft law, organized by the state structures, and an alternative
discussion in the circle of independent public associations, which resulted in the collective appeal of the 112 non-commercial associations, the draft law has not been brought for discussion in the Parliament.
2)The law enabling practice testifies about a selective
(individual) approach of the state structures to the process of registration
and liquidation of non-commercial organizations. The international public association of social support of children
and youth "Care", which chief executive was a presidential candidate,
was liquidated because of an insignificant infringement (it was not situated at
its legal address in the presence of the lease contract); at the same time, for
the first time since 2001, in a judicial order, there has been registered Association of Life-Long Education and.
Enlightenment. The headstrong approach of the state structures is aggravated by
the absence of the official data on refusals in registration. According to
human rights organizations, every month, one-two associations receive refusals
in registration (about a half of them receive refusals regularly already for
several years). Meanwhile,
the official data on registration show
that 4-15 public associations, funds, or establishments are registered monthly.
Among the registered associations, the majority is sports and entertainment
societies; there are practically no associations aimed at democratic
transformations.
3) After the events of December, the 19ththe regular
practice have become reprisals and not legal actions against civil society activists (in particular, human rights
defenders and human rights organizations)as well as obstacles
in rent and use of premises for activity of public associations. According to the human rights center
"Viasna"and Belarusian Helsinki Committee, during the post-election reprisals,
in total, there have been registered 165 searches in NGOs’ offices
and apartments of members of oppositional and other public organizations. In the
search warrants for the non-registered public organizations (for example, human
rights center "Viasna", “Legal aid to
the population”, «Students’ Council» (“Studencheskaja rada”), inspectors specified that the search was carried out in
the office of a non-registered NGO; that can be considered as a disturbing signal (possibility of application
of the article 193.1).
As a whole, the conditions of activity of structures of civil society
have essentially worsened, primarily, due to the law
enabling practice of a repressive character. This fact strengthens marginalization
of public structures and turns their activity from the regime of development
and expansion into the self-preservation and protection mode. The Belarusian authorities do not make any steps to improve the situation. Actions
of structures of civil society, aimed at changing the conditions - monitorings
of the situation, human rights defending actions in case of reprisals, campaign
193.1, the collective appeal concerning the draft law - are not
sufficient to change the general negative tendencies. They have no necessary
support among a wide range of interested subjects and are little known to the public of the country. It allows the power to
ignore these actions. To change the existing tendencies, the strengthening of
activity of public associations aimed at changing the conditions of their
activity is necessary:
Expansion of a circle of
the subjects included in the general actions,
Coordination and bringing the wide
range of questions, which are being solved by subjects of very different types
(public associations, unions and associations, religious communities,
intellectual circles, business communities, etc.), to one common matter,
Strengthening of information
work with the wide public.
General conclusions:
1. Despite a certain positive advancement in the ability of consolidation
of structures of civil society and of defense of a uniform position at the national
level, the serious public and political challenges demanding coordinated
actions, first of all, inside the country, currently remain without
an adequate answer. The reactive position prevails, i.e. civil society reacts
to the arising new circumstances, but does not create them neither in relation to
the Belarusian power nor in the political
opposition.
2. The conditions of activity of subjects of civil society do not
promote their systematic development, making this sphere more and more
marginal. Thus, these conditions create situations of a possible quality leap
in development that demands the initiative and consolidation around the circle
of the most powerful subjects.
3. The growth of the international influence of civil society in
Belarus during the actual period is the result of the proactive actions of the
previous period and is not stable. It will be possible to fix the existing
positions only if there will begrowing internal
consolidation, bigger activity concerning the Eastern Partnership, definition
of the coordinated position on behalf of civil society of Belarus in relations
with international donors and official structures of the EU and the Council of
Europe.
4. The current economic crisis and increasing
social and political tensions act as negative factors of advancement of
democratic pro-European values. The protest moods aimed at returning the social
stability and standard of living, which are almost incompatible with the
orientation on democratic and market reforms, are being actualized.
[1] The materials of the monitoring
are prepared by: analysis of civil initiatives by George Plaschinsky,
monitoring of the mass media by Tatiana Gurinovich, monitoring of conditions of non-commercial
organizations’ activity and law enforcement practice by Olga Smolyanko, monitoring of analytical documents
by Violetta Ermakova, monitoring of international interaction by Andrei
Yahorau.
[2] The idea to form national platforms within the framework of the Civil
Society Forum of the Eastern
Partnership as wide dialogue
platforms was offered for the first time in analytical materials of the
Humanitarian
Technologies Agency - «Participation of civil society in the Eastern
Partnership initiative: challenges and mechanisms», and afterwards
it was formulated in the “Proposals of the Consortium ”EuroBelarus” on
the
organization of the Civil Society Forum”
in April 2009. In July
2010, the conference «A road map of the Eastern Partnership for Belarus»
has been already carried out under the
aegis of the National Platform.
[3] The “Strategy 2012” was proposed
by the
Consortium ”EuroBelarus”
as a proposal for the general strategy. The strategy supposed unification of all
democratic forces of the country as to
compel the authorities for the
start of the socio-political dialogue in the country.
[4] According to the research
carried out by The Assembly Of Pro-Democratic NGOs Of Belarus, all the structures
of the third sector and civil society itself are represented in a public
consciousness in an extremely poor manner. In this respect, the degree of
obscurity of the National Platform is indiscernible in comparison with other
subjects of civil society.
[5] The
following editions participated in the monitoring: Sovietskaya Byelorussia, Zvyazda,
TUT.by, BelaPAN, BelTA, Charter’97, Deutsche Welle, Naviny.by, Interfax, Telegraf,
АFN, http://regionby.org/
[6] The
matter
is about the civil initiatives covered in the mass media.
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