The Committee on Economic, Social and Cultural Rights today concluded its consideration of the seventh periodic report of Belarus on measures taken to implement the International Covenant on Economic, Social and Cultural Rights, with Committee Experts asking about forms of work in Belarus, including labour treatment regimes, as well as the COVID-19 pandemic response and outcome.
A Committee Expert noted that some reports received indicated that Belarus used work or labour as punishment. Could the delegation provide information about the number of persons subject to that form of detention? Were there forms of non-voluntary work in Belarus? The Committee was concerned that elements of forced labour might be enshrined in legislation and in certain policies. On the subject of reintegration through a labour regime, a Committee Expert commented that it was difficult to justify its compatibility with modern human rights law.
Regarding the COVID-19 pandemic, could the delegation provide official statistics regarding COVID-19? How many infections and how many deaths related to COVID-19 had occurred so far, and what measures were taken to prevent the infection among different segments of population, and mitigate the negative impact on jobs, health, education and social security? Regarding the COVID-19 pandemic and the protection of people at their workplace, how did Belarus intend to treat situations where people could not work, and what type of compensation was being paid? What was the policy of the State regarding the COVID-19 pandemic, in particular regarding people in detention, people with disabilities, the homeless and HIV-infected persons and children in schools?
Sergei Aleinik, Deputy Minister of Foreign Affairs of Belarus and head of the delegation, said Belarus paid great attention to the human rights which were protected by the Covenant. The achievements of Belarus included a small gender gap, a low unemployment rate, and a high literacy rate, among other results. Belarus would continue to maintain its high standards despite challenges, which included the COVID-19 pandemic and unlawful unilateral coercive measures, which were used by Western countries. Belarus provided free education, health care, pension provisions, support for vulnerable categories of the population, and benefits for children. The State also assumed a considerable part of the expenditure for housing and utilities. Thanks to its approach, Belarus had been able to maintain all social obligations to its population, even during the intense phase of the COVID-19 pandemic.
In the ensuing discussion, the delegation explained that forced labour was prohibited as per the Constitution and Labour Code. Court orders could order work placement, but leave was provided. Facilities provided for work opportunities for some citizens, some which fell in those categories were given opportunities to work. Persons were sent to labour and treatment facilities only upon court order, for reasons such as drug dependency or to facilitate their willingness to give up substance abuse. Work was one component of the rehabilitation and integration of such persons. Labour was one measure of socio-medical rehabilitation, and the main purpose was to provide medical assistance. It was done in accordance with the law on public healthcare, and the law on the provision of psychiatric assistance, and protocols approved by the Ministry of Health, among other regulations. People in such institutions received specialised care, and there were eight labour therapy institutions in Belarus. Citizens in labour treatment facilities did not pay anything for the services they received. According to law, the provision of all necessary assistance to persons in such facilities was on a purely voluntary and consensual basis.
In response to questions about the COVID-19 pandemic, the delegation said there had been around 830,000 confirmed cases, and the number of registered cases with a fatal outcome to date was at 6,265. Tele-consultations were provided, and when it came to inpatient care, Belarus had developed a rational approach to hospitalisation whereby patients were provided with medication. Clinical protocols had been amended to better account for the purchase of medication. Belarus had emphasised vaccinations for vulnerable groups, such as those living in institutions, as well as healthcare personnel.
In concluding remarks, Heisoo Shin, Committee Vice-Chair and Country Rapporteur for Belarus, said there seemed to be some discrepancy between the information provided in the State party’s report and during the dialogue, and the information the Committee gathered from other sources. She expressed sincere hopes that current legislation governing the registration and work of non-governmental organizations would be changed to allow them free activities for promoting economic, social and cultural rights.
Mr. Aleinik, in concluding remarks, said some members of the Committee had seemed to be under the powerful influence of information contained in the alternative reports and other dubious information sources. The information war against Belarus, or the campaign of defamation run by Western countries since August 2020, could be explained by geopolitical interests those countries had in the region of Belarus. Belarus did have problems, which were known, but so were the efforts which were necessary to resolve them. Belarus would be grateful to the Committee for objective and constructive observations and recommendations.
Mohamed Ezzeldin Abdel-Moneim, Committee Chairperson, said all points made by the delegation, and all their answers given, would be given the consideration they merited by the Committee in its elaboration of the concluding observations. The Committee was only guided by the Covenant – the full text and spirit – and its general comments.
The delegation of Belarus was comprised of representatives of the Ministry of Foreign Affairs; the Constitutional Court; the Council of Ministers; the Ministry of Interior; the Ministry of Health; the Republican Scientific and Practical Centre for Mental Health; the Ministry of Education; the Maksim Tank Belarusian State Pedagogical University; the Ministry of Labour and Social Protection; the Ministry of Justice; and the Permanent Mission of Belarus to the United Nations Office at Geneva.
The Committee is scheduled to issue the concluding observations and recommendations on the report of Belarus at the end of its seventy-first session, which concludes on 4 March. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. The webcast of the Committee’s public meetings can be accessed at https://webtv.un.org/.
>The Committee is next scheduled to meet in public this afternoon at 3 p.m. to begin its consideration of the third periodic report of the Czech Republic (E/C.12/CZE/3 ).
Report
The Committee has before it the seventh periodic report of Belarus (E/C.12/BLR/7).
Presentation of the Report
SERGEI ALEINIK, Deputy Minister of Foreign Affairs of Belarus and Head of Delegation, said Belarus strived to fulfil its reporting obligations to the human rights treaty bodies, adding that it paid great attention to the human rights which were protected by the Covenant. The achievements of Belarus in that respect included a small gender gap, a low unemployment rate, and a high literacy rate, among other results. Belarus would continue to maintain its high standards despite challenges, which included the COVID-19 pandemic and unlawful unilateral coercive measures, which were used by Western countries. On 27 February, there would be a referendum on proposed amendments to the Constitution, which would update regulations around certain spheres of social relations.
Mr. Aleinik then quoted a recent speech by the Belarus President Alexander Lukashenko, which said that Belarus operated on the principles of fairness, responsibility and concern. In accordance with those principles, Belarus provided free education, health care, pension provisions, support for vulnerable categories of the population, and benefits for children. The State also assumed a considerable part of the expenditure for housing and utilities. Thanks to its approach, Belarus had been able to maintain all social obligations to its population even during the intense phase of the COVID-19 pandemic.
Sanctions had been unlawfully introduced by Western countries on Belarus, actions which contradicted the United Nations Charter and the Covenant. The sanctions had limited the ability of Belarus to participate in international trade, which in turn had an impact on ordinary citizens. The unlawful ban imposed by a number of Western countries on the transit of fertilizers from Belarus had created a shortage on the world market, posing a threat to global food security. Urging the Committee not to be influenced by the negative image of Belarus which was being propagated, Mr. Aleinik underscored that Belarus was a developed, peace-loving country in the heart of Europe, with highly educated, hard-working and hospitable people.
Questions by Committee Experts
A Committee Expert expressed hopes for a dialogue in a spirit of cooperation and goodwill, noting that the Committee did not have a personal or vested interest in Belarus, but was obliged to monitor whether the people in Belarus were fully enjoying their economic, social and cultural rights. Turning to questions, the Expert noted that during the second Universal Periodic Review, Belarus had promised to develop comprehensive anti-discrimination legislation. Could the current sectoral regulations prohibit all forms of discrimination that were direct, indirect, or intersectional, in each area of the Covenant’s rights, and provide protection and remedies for the victims?
Concerning the national human rights institution, Belarus in 2020 had reported that efforts had been made to study the issue of establishing a national human rights institution. The State had accepted Universal Periodic Review recommendations to consider establishing a national human rights institution in accordance with the Paris Principles. Had there been any progress since then?
As for reports on the repression of activities of civil society and non-governmental organizations, the Committee Expert noted that human rights defenders and non-governmental organizations were essential for the promotion and protection of human rights, in particular, economic, social and cultural rights. According to information available, more than 300 non-governmental organizations were either in the process of forced liquidation, or lawsuits to forced liquidation had been filed against them, or they had already been liquidated. Among the organizations being forcibly liquidated were organizations working with HIV/AIDS issues, organizations working to protect people from discrimination, to protect the rights of prisoners and people with disabilities, in the field of youth employment, and others. The current legislation which put serious limitations on the registration and activities of non-governmental organizations should be amended, allowing freedom and providing support for their activities. What had happened to the 2019 bill to amend the law? Was there any progress on amendments to that law?
Another issue was serious and massive violations against peaceful protesters.
The Committee had heard that there were massive violations against peaceful protesters occurring, especially during the last two years, such as massive dismissals in fields such as healthcare, public service, industry, education, culture, science, and more, as a reaction by the authorities to people’s participation in peaceful protests and public speeches. There were also expulsions of students from educational institutions, as well as detention in inhuman and degrading conditions, and failure to provide medical care to detainees. All those violations should be stopped immediately. Was Belarus investigating any of those responsible, to bring them to justice?
Concerning equality between men and women in the enjoyment of all economic, social and cultural rights, as prescribed in article 3 of the Covenant, the Expert noted that there were strong gender stereotypes in Belarus. Were measures being taken to reduce the “double burden” of women and encourage men to participate in sharing the family responsibilities? The introduction of paternity leave, which entered into force in January 2020, the national Family of the Year contest, community initiatives such as the “Papa Pro” forum and “father school” projects, were all commendable. Could the delegation provide details of the paternity leave as provided in the Labour Code, how long was the paternity leave, under what conditions was it carried out, and how many fathers had taken paternity leave during the last two years? It would take time to fight gender stereotypes; was Belarus adopting any temporary special measures to change the strong tradition of gender stereotypes?
Regarding the COVID-19 pandemic, could the delegation provide official statistics regarding COVID-19? How many infections and how many deaths related to COVID-19 had occurred so far, and what measures had been taken to prevent infection among different segments of the population, and mitigate the negative impact on jobs, health, education and social security?
Lastly, on the issue of sanctions, the Committee’s mandate was to examine whether Belarus, as a State party to the Covenant, was fulfilling its obligations under the Covenant. The issue of sanctions needed to be raised at other proper fora.
Responses by the Delegation
The delegation explained that a constitutional reform was underway in Belarus, and the proposals to amend or add to the Constitution had been developed by a
Constitutional Commission on the basis of a broad public dialogue. During the time the Commission worked, it had received over 1,100 proposals about how to change the Constitution. One of the principles underlying the preparation of constitutional amendments was the development of national law in keeping with the international obligations of Belarus. Changes to the Constitution would affect its preamble and all its sections. A specific example was in the field of equal rights for men and women. The amendments ensured the Constitution would reflect the specificities of Belarusian society and would specify that men and women were given equal opportunities in the fields of public and social relations, meaning that the prominent role played by women in society would be further consolidated. Many proposals had been submitted directly by citizens, for example the right to social protection which was expanded to people benefiting from specific support from the Government, such as war veterans and people who had lost health while defending State or national interests.
Belarus was expanding the way it guaranteed the rights of citizens to access courts. The action or inaction of State bodies or public officials that trampled the rights of citizens could be challenged before a court of law. For the first time in Belarus, there would be a direct mechanism for constitutional complaints. In response to some questions posed by Committee Experts, the delegation explained that the Constitution included a role foreseeing the possibility for the creation of ombudspersons in Belarus, for instance an ombudsperson on human rights. The rights of citizens to establish voluntary organizations and participate in their activities had been strengthened. The constitutional changes proposed had been developed in a participatory process with a view to expanding the rights and guarantees of citizens, and the mechanisms for upholding them. The changes were discussed on a broad basis and were in keeping with legislation in Belarus.
Turning to religious and ethnic affairs, the delegation explained that Belarus was a multi-religious and multi-ethnic State with 156 ethnicities represented as well as 25 religious confessions and religious affiliations in the country, which had never experienced religious conflicts or ethnic strife. A consultative inter-ethnic council brought together representatives of different ethnic associations and organizations, participating in the distribution of resources earmarked by the Government for the development of ethnic and cultural organizations. Special advantages were granted to religious associations, such as tax exemptions, study grants, and others. The maintenance of stable inter-ethnic and inter-religious relations and the development of constructive intercultural dialogue was one of the key priorities of Belarus.
In Belarus, there was no discrimination allowed on the basis of religion, race, health, sex, language, ethnicity, or any other grounds. That was set forth in the Labour Code. A person who believed they had been the subject of discrimination could appeal to a court. Women could not be denied a job on the basis of pregnancy or caring for children. A key part of the social policy of Belarus was equal rights between men and women, and the country was currently implementing its sixth national plan of action on ensuring gender equality. Despite there being no electoral quotas for women, the National Assembly was composed of 35 per cent women. Women made up over half the workforce, and families could choose whether the father or mother of a child would be on parental leave until age three. To increase fathers’ involvement in child-rearing, initiatives included 14 days’ paternity leave within six months of the birth of a child, and there were laws to stop the dismissal of parents with children under the age of three.
In response to questions relating to non-governmental organizations, the delegation explained that the Constitution of Belarus provided each individual with the opportunity to enjoy freedom of association, regulating it through a law on voluntary organizations. It provided for the constitutional rights of citizens to the freedom of association, and provided for the legal framework for establishment, activity, re-organization or closure of such organizations. The law provided for a number of restrictions relating to the establishment and activity of voluntary organizations aiming to protect the sovereignty, integrity and independence of the State. In Belarus, it was prohibited to establish and carry out activities which related to the spreading of propaganda for war or extremist activities.
There was also a prohibition against the activities of non-registered voluntary associations, and the activities of voluntary associations which aimed to have foreign governments provide advantages to citizens of Belarus in connection with political or religious views, or ethnic background. When there was a violation of regulations regarding a voluntary organization, it could be refused registration. When there was a violation of the legislation or the charter of the voluntary organization itself, measures could be taken and it might be regarded as an offense under the law. The voluntary association might be suspended, but its suspension or closure could only be decided by a court. In 2021, there were different associations closed down by court order, but all decisions on such closures were in accordance with the law.
Regarding the COVID-19 pandemic, there had been around 830,000 confirmed cases, and the number of registered cases with a fatal outcome to date was at 6,265. Tele-consultations were provided, and when it came to inpatient care, Belarus had developed a rational approach to hospitalisation whereby patients were provided with medication. Clinical protocols had been amended to better account for the purchase of medication.
Questions by Committee Experts
