The new legislation is a tool of self-will, not of the right

Quietly and without publicity, the Parliament has approved several amendments to the Belarusian legislation, which significantly restrict NGOs’, political parties and citizens’ activities. Information service of "EUROBELARUS" asked leaders of Belarusian NGOs to comment upon these law innovations. 

Ulad Vialichka, co-chairman of the Eastern Partnership Civil Society Forum, the head of International Consortium "EUROBELARUS":

- New amendments to the legislation contain a range of measures aimed at limiting freedom of association, in general, and of NGOs, in particular. All this once is once again served with sauce of security. However, these actions demonstrate that there are no limits for restriction citizens’ freedoms in Belarus.

Against the background of these legislative initiatives, “Bialiatski’s case" already looks like a special case. That is, if before it was an exceptional way of treatment of active civil society representatives, then now, with these amendments, there has been actually proposed to legalize massive repressions on civil society representatives.

For a clear assessment of how the proposed innovations will affect the civil society organizations, some time and legal expertise of our lawyers are needed. Now we can only speak about the spirit of Belarusian legislative initiatives. But the most unpleasant thing lies in the fact that laws, directly related to civil society, are once again adopted without coordination and consultation with those whom they are really addressed to. Neither political parties nor NGOs have not seen the bill and haven’t known about it. The society is actually made aware of the legislators’ decision.

Olga Smolianko, director of the Legal Transformation Center:

- On the assumption of the changes and amendments to the legislation, available on the website of the National Center of Legal Information of the Republic of Belarus, the Criminal Code and Administrative Code are proposed to be completed with the article establishing liability for receiving foreign gratuitous aid in violation of legislation of Belarus. As stated in the bill, liability is established for "acquisition, as well as storage and transferring of foreign gratuitous aid to carry out extremist activities or other activities prohibited by laws of the Republic of Belarus".

Such "other activities" - is too broad wording for the Criminal Code. On the one hand, we are talking about the actions already prohibited by law, on the other – it is not clear how broad will be a field for the application of such draft bill. Such vague wordings may lead to a fairly broad practice of enforcement.

It is striking that, for example, receipt of foreign gratuitous aid for holding seminars (without any description of possible issues and objectives of these) and other forms of holding political and mass agitation activities among the population, according to the proposed amendments, may be punished by imprisonment of up to two years.

Much indignation is also caused by the introduction to the Code of Administrative Offences in the network of organization or holding mass actions. As liability for public calls to organization or holding a meeting, rally, street processions, etc. the existing law on mass action gives such a broad definition, for example, a meeting (joint presence of citizens for collective discussion and solving of issues that affect their interests), that any invitation to meet just to talk may lead to administrative liability.

I am also afraid of the wordings to be included into the Criminal Code, in articles on "High treason" and "Establishment of cooperation".

The wording of Article 356 "High treason" as "or any other assistance to a foreign state, foreign organization or their representative in carrying out activities to the detriment of the national security of the Republic of Belarus, intentionally committed by a citizen of the Republic of Belarus" is not accurate one, not concrete, not clear.

Moreover, the Criminal Code is completed by the article "Establishing cooperation with a special service". That is, we are not talking about a proven espionage, but just about cooperation. That is, cooperation does not require further activity, espionage, high treason, as all these are provided by the other articles.

By the way, such collaboration papers they like to propose signing in the Belarusian KGB. But even this does not mean that all signatories are cooperating with the KGB.

My tongue does not rise to call the legal field such law enforcement field which arise after such draft bills’ appearing. In Belarus there are just introduced stringent regulations, there are tightened the screws. The right as it is does not give place to assumptions. But according to the new legislative initiatives, from now on, with no actual fault people can be held accountable.

Sergey Drozdovsky, coordinator of the Office on the Rights of Persons with Disabilities:

- This is purely a voluntarist decision. The logic in this draft bill is generally absent. Public associations today already face to greater difficulties in work, to a huge formalism, and the new legislative initiatives make this work even more difficult. The irony is that we, year in year out, are trying to make it clear to state officials that there is need to simplify the legislation on NGOs, and in response, they create new barriers.

Today, any assistance to Belarusian public organizations has already been decreased. Conversations with donors often end at level of discussion of the Belarusian legislation. Foreigners do not want to collect gratuitous aid for Belarus in order it was confiscated at the border. The new legislative changes are creating even more of these fears, because almost none of the regulations envisage the trial.

Thus, there is being created a sledgehammer, which should solve any problems, of course, by the electoral procedure. But it is a tool of self-will, not of the right.

 

Information service of "EUROBELARUS"