Miraslau Kobasa: Belarus has law on self-government, but there is no self-government

“The Concept of local self-government of the Republic of Belarus” – it is this document that the experts of the Enlightenment Public Association “Lew Sapieha Foundation” are working on.

 This work will follow the formal procedures in the future: from the Administration of the President to the regions.

What do popular power which have appeared as far back as on the threshold of the Revolution of 1917 and were named Soviets of Deputies lack?  By the way, quite recently, in the January of 2010 Belarus adopted a Law on “Local government and self-government”.

The opinion on this topic shared the chairman of the Enlightenment Public Association “Lew Sapieha Foundation” Miraslau Kobasa.

- There is a law, but there is no real self-government per se. Though there were chances to build it as far back as twenty years ago, in 1991, when Belarus adopted the Law on local self-government. Then there appeared our own know-how: the chairman of the executive committee was simultaneously the Soviet chairman. But the Supreme Soviet didn’t have enough political will to go through the issue.  It seemed that everyone understood the importance of local self-government. And at the same time thought it would be there sooner or later. Otherwise there would have been displays of jealousy and an aspiration to win over to one side. And from 1995 centralization of power, delegation of power from Soviets to the executive committees began. It resulted in nonsense: Soviets we choose and which are accountable to us do not have their executive bodies and do not influence on ensuring citizens’ life activity. The executive committees, which in their turn are appointed from above and are not accountable to the citizens have great influence on problem-solving on local level.

- Is the situation better with our bordering neighbouring countries?

- All the countries of former Soviet Union except Belarus have acceded to the European Charter of Local Self-Government that was adopted in 1985 and clearly establishes norms of political, administrative and financial independence of local authorities. Belarus is the only country in Europe who is not a party to the charter. All our neighbours gave real power as well as their own budget to local authorities – let’s say 70 per cent of the raised taxes as it is with the Scandinavians, and 30 per cent as in Lithuania, Latvia, Estonia; and besides, the state provides subsidies and special subventions.

- And what is our per cent?

- There is no official statistics that can give unambiguous answer to this question. Indirect calculations show that the number is less than 1 per cent. Soviets don’t have means for public transport, on beautification, on heating and water supply, on roads and so on because all the mentioned troubles are within the competence of the executive committee, not the Soviet!

- Neither budget nor powers?

- Yes, though local councils have power to become mediators in solving most urgent problems and conflicts between the citizens (communities) and the state. For instance, in the West people protest against the building of nuclear power stations as well. But they are not arrested there, they are explained the pros on local level: creation of new working places and infrastructure, increase of the assignments to the local budget and, of course, they care about ecology and citizens’ safety. To stand up for their interests, municipal governments unite in associations with which all the most important decisions of the state in the field of local self-government are endorsed. So far we don’t have such associations. Only two years ago in a new Law “On local government and self-government” Soviets got the right to create them.

- Have central authorities listened to your ideas?

- Despite the lack of proper contacts, our organization is constantly directing its suggestions to the governing bodies. For instance, before the adoption of the new version of the Law on local self-government we provided our suggestions on 32 Articles out of 66. We didn’t receive answer from any of the governing bodies. And no invitations to any discussion or debate. I don’t want to say that it was at our suggestion, but in two cases there are coincidences with our suggestions in the adopted law.  The first is the Article on the right of Soviets to unite into associations. The second deals with the right of local Soviets to defense.

The milestones of Belarusan self-government

“Hear!” – shouted Polatsk residents in the 10^th -13^th centuries at the market square if they liked the made decision. If not, then the cry of disapproval was heard.

At the times of the Grand Duchy of Lithuania (13-16 centuries) Magdeburg Law was in power – the highest form of democracy in Europe. First Belarusan town which received Magdeburg Rights on the 15 of August in 1390 was Bierascie. Minsk was granted these rights a century later – in 1499. All in all, our lands numbered about 120 of free settlings, where the citizens have elected self-government - Rada or City Council. The city court held its meetings in the Town hall. For instance, Minsk City Council administered on Mondays, Tuesdays, Thursdays and Saturdays. “Visitor’s” affairs were considered at the very day of arrival of the citizens from some other town – so that to not make them wait in suspense.

The problems were solved in a legal way. Women could stand up for their rights as well. “Fair ladies”, by the way, were not burnt at the stake, even if they looked somewhat similar to witches.