INTERNATIONAL LEAGUE FOR HUMAN RIGHTS

BELARUS UPDATE
Edited by Victor Cole

Vol. 3, No. 16
April 2000

IN THIS ISSUE:

--HUMAN RIGHTS AND OPPOSITION NEWS--
OFFICIALS APOLOGIZE TO JOURNALISTS FOR ILLEGAL DETENTION
On April 7, Interior Minister Yury Sivakov and Iosif Mihalkovich, acting chief of the Minsk police, apologized for the detention of journalists who were fulfilling their professional duties during the Day of Freedom March on March 25 in Minsk, the Svaboda independent newspaper reported. "Illegal detention of mass media representatives came as a result of the overall tension, the nervousness of the interior ministry police forces, and provocations by hooligans," Sivakov told journalists. According to him, a lieutenant-colonel responsible for the abuse of reporters was dismissed from his position and punished. The officials promised to compensate reporters for damaged equipment. "Who will say sorry to the other detainees?" asks Svaboda journalist Ales Pavlovich. (Svaboda, April 11)

OPPOSITION GETS "SPECIAL" TREATMENT IN PRISONS
In an interview to the Nasha Svaboda independent newspaper on April 11, Vyacheslav Sivchik, deputy chairman of the Belarusian Popular Front, complained about the inhumane conditions at the Okrestina detention center, where he served his ten days term for "organizing an unauthorized march from Yakub Kolas Square to Bangalore Square" in Minsk on March 25 (See Belarus Update Vol.3, No. 14). "During my ten-day term, the guards transferred me to a different cell five times to make it harder for me to adjust to life in jail. Two days before my release, I was placed in a cell with a broken window. Given the unseasonably cold weather, it was a true punishment cell. The guard told me later that all political prisoners are 'tested' in such cells. Some of my fellow inmates suffered from a severe form of tuberculosis, but they were not kept separately from others. On April 7, the last day of my term, the guards spread a disinfectant all over the cell without letting us out first," the opposition leader said. (Nasha Svaboda, April 11)

TRIAL OVER OPPOSITION LEADER POSTPONED
The trial over Valery Shchukin, a deputy of the 13th Supreme Soviet who is charged with participation in an unsanctioned rally on March 25 in Vitebsk, was postponed indefinitely "for additional clarification purposes." On April 4, Valery Shchukin was released after serving a ten-day term for alleged refusal to obey police commands. The deputy was arrested on March 25 after he arrived in Vitebsk as a correspondent of the Narodnaya Volya independent newspaper to cover the opposition protest (See Belarus Update Vol. 3, No.14, 15, and Special Issue). (Charter 97, April 12)

CHARNOBYLSKY SHLYAKH ORGANIZERS APPLY FOR PERMISSION
On April 10, 82 politicians, human rights activists, union leaders, scientists and artists applied to the Minsk City Council for permission to stage the traditional Charnobylsky Shlyakh [Chernobyl March] and a rally in Minsk on April 26 to mark the 14th anniversary of the Chernobyl nuclear disaster. Vintsuk Vyachorka, one of the organizers, told Belapan that this year's march will become part of the opposition's Hot Spring 2000 protest campaign. Political demands will be added to traditional Chernobyl-related slogans. The demonstrators will demand that the government respect national sovereignty and start real talks with the opposition. "We hope that the authorities will learn a lesson from the Day of Freedom events in Minsk. The organizers in return promise to maintain order during the demonstration," Vyachorka said. On April 21, the organizers plan to hold a conference on Chernobyl issues. (Belapan, April 10)

OPPOSITION APPLIES FOR PERMISSION TO STAGE DEMONSTRATION ON MAY 1
On April 12, Nikolai Statkevich, chairman of the Belarusian Social-Democratic Party, and Victor Babayed, president of the Association of Independent Trade Unions, applied to the Minsk City Council for permission to stage a demonstration in Minsk on May 1. The demonstrators plan to gather at 10 a.m. on the Yakub Kolas square in Minsk. From there the procession will move along Skaryna prospect towards the Independence square to stage a meeting under the slogan "Freedom, Justice, Solidarity, Independence!" Traditionally, on May 1 the authorities organize an official demonstration, which also ends at Independence square. If this is the case, the organizers agree to join the official procession, as has been the case the previous years. (Charter 97, April 12)

REGIME MISLEADS INTERNATIONAL COMMUNITY BY FAKE DIALOGUE
On April 8, the Soim, the governing body of the Belarusian Popular Front Adradzhenne, held a session in Minsk to discuss the organization's participation in the Spring 2000 protest campaign and the activities of its regional branches, the BPF' press service informed the League. In his address to the Soim, BPF chairman Vintsuk Vyachorka said that a democratic parliamentary election this fall is impossible following arbitrary arrests and the dispersal of pro-democracy demonstrators in Minsk on March 25. He pointed out that cynical reprisals against peaceful citizens in Minsk has shown Belarusian society and the international community that the Lukashenko regime does not intend to create a climate of trust in the country or negotiate a peaceful transition to democracy. The Soim has adopted an appeal to the OSCE AMG in Belarus. "The regime is trying to mislead the international community through a fake dialogue with the opposition and thrust undemocratic elections on us. It is not making any efforts to normalize the situation in Belarus in accordance with the declaration of and promises given at the Istanbul OSCE Summit," reads the appeal. The Soim asked the OSCE AMG to look into the case of Sergei Malchik, the chairman of the Grodno branch of the Belarusian Popular Front, who was sentenced on April 6 to 10 days in jail for organizing an unsanctioned protest on March 25. He declared a hunger-strike in protest against the verdict (for the story see Belarus Update Vol.3, No. 15). (BPF Press Service, April 10)

BPF LEADERS PREDICT VIOLENCE IF INTEGRATION WITH RUSSIA CONTINUES
On April 7, during a meeting with German Ambassador Horst Winkelman, Vintsuk Vyachorka, BPF chairman, and Victor Ivashkevich, vice-president of the Belarusian Congress of Democratic Trade Unions, informed the Ambassador that the opposition, especially younger members, may start taking radical political steps if the authorities continue to ignore public opinion and peaceful protests and press ahead with plans of holding elections for the parliament of the Russia-Belarus Union. The BPF leader told the German ambassador that Europe should not recognize upcoming elections for the union parliament because Belarus has not created the conditions for free and fair elections. They said that issues of unification with Russia has not been freely discussed in society, that the opposition has had no access to the public media, that the authorities have continued persecuting political opponents and have failed to release political prisoners. They believe that the European community should influence Russia if the two countries' governments take further steps to eliminate Belarus's independence. (Belapan, April 8)

OSCE, COUNCIL OF EUROPE HOLD HIGH-LEVEL MEETING IN VIENNA
On April 12, Austrian Foreign Minster Benita Ferrero-Waldner, Chairperson-in-Office of the OSCE, Jan Kubis, OSCE Secretary General, Irish Foreign Minister Brian Cowen, Chairman of the Committee of Ministers of the Council of Europe, and Walter Schwimmer, Council of Europe Secretary General, met in Vienna for the annual "2+2 meeting." The Ministers focused on current issues of concern to the OSCE and the Council of Europe, among them the conflict in Chechnya, preparations for local elections in Kosovo, the situations in Montenegro, in Moldova and in Belarus. As regards Belarus, the participants expressed their concern about the lack of development of democratic principles and respect for human rights, particularly the freedom of assembly. They called upon the Belarusian government to commit itself to conditions in which a free and genuine dialogue involving the real opposition can take place and which can lead to free and fair elections in autumn. (OSCE News service, April 12)

EUROPE POSTPONES DECISION ON OBSERVERS IN BELARUSIAN ELECTIONS
On April 12, Ambassador Hans Georg-Wieck, the head of the OSCE AMG in Belarus, told representatives of the opposition that a decision on whether the OSCE, the Council of Europe, and other European organizations will send observers to this year's parliamentary elections will not be made until September, RFE/RL's Belarusian Service reported. He said the decision will depend on the authorities' willingness to discuss amendments to the electoral code with the opposition and on accessibility of the state media to the opposition. (RFE/RL, April 13)

ANTI-FASCIST COMMITTEE STARTS WORKING IN BELARUS
The growing number of neo-fascists in Belarus, particularly the Russian National Unity (RNU), compelled the Political Council of the United Civil Party to support the idea to establish the Belarusian Antifascist Committee, a UCP representative informed the Svabodnye Naviny independent newspaper. The main task of the Committee will be the consolidation of efforts of the country's democratic forces to restrain the proliferation of fascism in Belarus. [The Belarusian branch of the Russian National Unity party has grown more active in Belarus in recent years. The self-proclaimed fascist movement has found a warm reception in Belarus, where such extremist manifestations have been tolerated under Lukashenko, known for publicly expressing his admiration of Hitler. Gleb Samoilov, RNU regional leader, boasted that the organization has excellent relations with the authorities, some government employees are among their members, and that they even patrol the streets in Minsk together with the police.- Ed.] (Svabodnye Naviny, April 7-14)

LOCAL ACTIVIST SUES FORMER MAYOR
The Baranovichi City Court found Mikhail Pavlov, the city's former mayor who is now the newly appointed Minsk mayor, guilty of violating Belarusian legislation, RFE/RL reported. When Victor Mizyak, the leader of the local branch of the Belarusian Popular Front Adradzhenne, applied to the Baranovichi City Council for permission to stage a picket on March 15, Pavlov changed the day of the action for March 22. Judge Vasily Petrov ruled that the decision to postpone the action was illegal. (RFE/RL, April 12)

ACTIVIST FINED FOR ANTI-RUSSIAN GRAFFITI
On April 11, Yuras Zemlyakov, an activist of the Malady Front, was found guilty of "minor hooliganism" and fined 2,200 Belarusian rubles (about $3) for having written anti-Russian graffiti on the wall of the Vitebsk butter-producing factory. (Charter 97, April 12)

MINSK RESIDENT GOES ON TRIAL FOR DISPLAYING WHITE-RED-WHITE FLAG
On April 12, Minsk resident Nina Baginskaya and her young grandson were detained by the police and driven to the police station for strolling around Independence square with a national white-red-white flag in hand, reports Viasna 96 Human Rights Center. Baginskaya was accused of violating the law on mass gatherings and assemblies and a protocol was filed. Baginskaya said that she wanted to remind the people of the cruel beating by the riot police of the 13th Supreme Soviet deputies back in 1995. Baginskaya is to stand trial soon. [The historically national white-red-white flag was used as the Belarusian state flag in the period between the breakup of the USSR and the ascendance of Lukashenko. A referendum initiated by Lukashenko in 1995 resulted in the introduction of Soviet-style state symbols to replace the historic ones, and the white-red-white flag became a symbol of opposition to the Lukashenko government and a symbol of street protests in the country. - Ed.] (Viasna, April 14)

HUMAN RIGHTS ADVOCATE VS. POLICE OFFICERS
Oleg Volchek, director of the Public Legal Aid Association, still hopes to charge the police officers responsible for his beating on July 21, 1999 during an opposition demonstration, with abuse of power and illegal detention. The Prosecutor's Office of the Moskovsky District of Minsk launched an investigation into the incident, but then dropped charges against police officers who said that Volchek had attacked them first and they had to defend themselves. Volcheck's amended complaint was also rejected. Volchek, a former investigator for the prosecution's office, said that he was surprised by the lack of professionalism in the examination of his complaints. Prosecutors brushed aside his request to examine his shirt with stains of blood and imprints of police boots, and to confront him with witnesses. He was denied permission to question witnesses to the incident. On April 11, Volchek asked the Minsk Prosecutor's Office to study incident-related material in order to prepare a third complaint, but received refusal. Volchek believes that his complaints are disregarded because he heads a human rights organization. "The outcome of my case is the norm for countries with a dictatorial regime, where the police always win in police vs. citizens cases," the human rights advocate said. (Belapan, April 11)

INDEPENDENT TRADE UNION APPEALS TO INTERNATIONAL COMMUNITY
On April 9, the leadership of the Independent Trade Union of Belarus addressed the international community, urging it to force the Lukashenko regime to cease its violation of the rights of Union members. "Beginning in September 1995 the authorities have undertaken continued attempts to liquidate the Independent Trade Union. The Belarusian government doesn't like the idea of the Union's independence and absence of governmental control over its activities," reads the letter. The address stressed that legislation make the registration procedure more complex, which creates numerous barriers for workers and trade unions to exercise their rights. (Belapan, April 10)

GERMAN TV COMMISSIONS DOCUMENTARY ABOUT BELARUSIAN OPPOSITION LEADER
The Belarusian Association of Young Politicians told Belapan that Germany's television Channel One has commissioned a 30-minute documentary on Anatoly Lebedko. Lebedko has been an outspoken opponent of the Lukashenko regime, since he was elected to the 13th Supreme Soviet. In an earlier period, Lebedko served as Lukashenko's aide. It has become known that German television reporters intend to cover the opposition-organized Charnobylsky Shlyakh. (Belapan, April 8)

UNIVERSITY GRADUATES PROTEST COMPULSORY WORK PLACEMENT
On April 11-12, members of the National Association of Belarusian Students held two pickets near the Minsk State Medical Institute, protesting against mandatory job placement requirements, which were introduced by the government in January, 1999 (See Belarus Update Vol.2, No. 3) for the graduates of higher and secondary state specialized educational institutions whose expenses were covered from the budget. Under a government resolution, employers are prohibited from hiring such students for two years after graduation unless the graduates have been assigned to this job or have an official release from mandatory placement. Similarly, employers cannot discharge them until the end of their two-year obligatory employment term. If these requirements are violated, employers will have to reimburse the tuition. The members of the Association believe that in obliging graduates to work at appointed placements, the authorities are violating the Belarusian Constitution and the Universal Declaration of Human Rights. The association has sent letters to different Ministries, the Supreme Economic Court and both chambers of the Belarusian National Assembly to draw their attention to the problem. (Belapan, April 12)

--RELIGIOUS FREEDOM IN BELARUS--

AUTHORITIES ORDER CATHOLIC PRIEST TO HALT "ILLEGAL" WORK
The Belarusian authorities have ordered a Roman Catholic priest who has been working in the country for the past nine years to halt his pastoral work on the grounds that it is illegal. Father Zbigniew Korolyak, a Polish citizen, has been given until April 14 to cease his activity as a parish priest in the church of the Exaltation of the Holy Cross in Brest. The priest is also facing a fine of 20 minimal wages, reports the Baltic Interconfessional Association. On March 18, two law-enforcers entered the church and arrested Father Korolyak (See Belarus Update Vol.3, No.13). As the witnesses of the incident reported, the policemen were extremely rude and twisted the priest's arms behind his back. The parishioners were deeply offended by this act of violence and forwarded their protest to the chief of the Leninski District police station in Brest. The priest was released shortly thereafter and returned to his duties. Father Korolyak's difficulties reveal the extent of state approval required before foreign religious workers can officially work in Belarus and the extent of state interference in religious denominations' own choices of personnel to fill posts. It remains unclear why the Belarusian authorities have singled out Father Korolyak, although a number of Polish priests have in the past had problems obtaining and retaining permission to work as parish priests in Belarus. His case has been taken up by the Belarusian Helsinki Committee in Minsk, which has offered to defend him in court if needed. (BIA, April 14)

CHURCH TO BE FORCED UNDERGROUND?
In recent years the Belarusian authorities have made it increasingly difficult for the Belarusian Full Gospel Association to function. On February 19,1999, Alla Ryabitseva, head of the Religious and Ethnic Affairs department of the Minsk City Council, informed Alexander Sakovich, president of the Association and the pastor of the Word of Faith congregation, that at a Word of Faith worship service on January 31, a public sermon was performed by a citizen of Ukraine which violates Belarus's 1992 law on religion. In the case of similar violations in future, she warned, the Council has the right to request that the judicial bodies curtail the activity of the religious organization.

The 800-strong congregation of another Full Gospel church in Minsk, New Life, currently meets in six sections, pastor Vyacheslav Goncharenko told a representative of the Keston Institute on March 19. "After Presidential Decree No. 36 "On Certain Measures to Prevent Accidents During Mass Meetings" we were refused to gather at all palaces of culture and theatres. Until December 1999, he said, the church had rented the palace of culture of the Minsk Tractor Factory in the Partisan district of Minsk, but the directors warned us that this would no longer be possible." The priest tried in vain to obtain special permission from the Minsk City Council to hold worship services from the moment that Decree No.36 came into force. In late September 1999, Goncharenko was called in for a four-hour interrogation by an Assistant Public Prosecutor and accused of provoking the insanity of one of his followers. Goncharenko's father had been imprisoned for the same reason in 1961 under Article 222 of the Belarusian Criminal Code (Infringement of the Person and Rights of Citizens Under the Guise of Performing Religious Rituals). The public prosecutor accused him of inciting religious hatred, Goncharenko told Keston, threatened to try him in a closed court, and only then accused him of gathering without the permission from the Minsk City Council. At a subsequent court hearing, said Goncharenko, he, his lawyer, and New Life administrator Vasily Yureyevich stated that changes in the law such as the introduction of Decree No 36 could not affect already existing rental agreements - and so the case collapsed.

According to Sakovich, Full Gospel communities are constantly refused registration because Article 272 of the new Civil Code reads that "the siting by the proprietor in the living space belonging to him of premises of businesses, institutions, organizations and their subdivisions is permitted only after it has been converted from a residential accommodation." On 30 November Sakovich wrote to the Ministry of Justice asking whether an analogous article in the new Housing Code extended to religious organizations. Mikhail Sukhinin, head of the department of registration of public organizations at the Belarusian Ministry of Justice, replied that "in accordance with Article 8 of the Housing Code and Article 272 of the Civic Code, the use of an accommodation fit for residence for anything other than its intended purpose is not permitted." In addition, the letter states that according to Article 16 of the Law on Religion, in order to obtain legal status the founders of a religious organization must indicate the location where the proposed community is to conduct its activities, "by which is understood the address of a building (church, prayer house, rented premises)." Newly-formed congregations are therefore unable to register using a home address - and those already registered under such an address must change it to either a church building or rented premises by June 1, 2001. In reality, according to Sakovich, the option of meeting in a church or prayer house is not possible as none of Belarus's 54 Full Gospel branches have been given permission to buy premises since Lukashenko came to power. (Keston News Service, March 31)

--AT HOME IN BELARUS--

PARLIAMENTARY ELECTIONS CAMPAIGN TO START ON AUGUST 7
On April 6, Ivan Pashkevich, deputy head of the Lukashenko administration, told Reuters that the campaign for parliamentary elections is likely to start on August 7. Under the Belarusian electoral code, campaigning for the elections can begin two months before voting, meaning that the ballot might take place on October 7. Pashkevich expressed hope that despite the opposition's call for a boycott, the opposition will take part in the vote. "Presidential supporters will beyond a doubt win the elections, but the opposition also has a chance to be elected to the parliament. If it understands that politics are not made in the back streets, it will come to the polls," Pashkevich said. (Reuters, April 6)

LUKASHENKO PLEDGES NO POLICY CHANGE
On April 11, in his address to the National Assembly, Alexander Lukashenko said there will be no change in his policy despite any pressure, BBC reported. "We are not going to change our course and we will not let anybody else do this, either the internal destructive forces at home, or their foreign masters and supporters. Any attempts to change the course of this country and to destabilize the situation will be nipped in the bud. We do not need to be taught democracy. We are a fairly democratic state: social stability and accord are the primary features of today's Belarusian society. As president of this country, I firmly state: we will not allow any interference in our internal affairs, whoever it may come from and wherever such attempts may originate. So-called teachers of democracy are wasting their time threatening or blackmailing us, or trying to put any pressure on us. We are aware of their policy of double standards. Enough of that," Lukashenko said.

Lukashenko emphasized a need for consolidation of the country's social and political forces. "The time has come to move from fruitless dealings with the so-called opposition to more efficient support of constructive political forces which are increasing in number," Lukashenko said. The authorities, Lukashenko said, should establish partnership relations with all the constructive organizations. He did not specify the criteria for distinguishing constructive from non-constructive forces or organizations. The Belarusian leader pledged state support during the autumn parliamentary elections to the current deputies of the Chamber of Representatives, whom he handpicked in 1996 from among the ranks of the dissolved Supreme Soviet. He added that those deputies need no money for their re-election campaign. "We will provide you with full access to the people," he said, promising "to put in full operation the forces of our vertical public information [service]." He added that "we can win without any falsification." (Belapan, April 11)

WESTERN DIPLOMATS "OUT OF LINE," BUT OSCE GROUP MAY STAY
In a question-and-answer session following his annual address to parliament, Lukashenko again accused Western diplomats of using double standards when reporting on the political situation in Belarus. At the same time, he urged authorities to refrain from any actions that would give foreign missions an excuse to slam his government. The following are excerpts from the question-and-answer session.

Deputy Alyaksandr Shpilevski: "In the last three years, Belarus has been visited by various organizations that do not recognize the constitution of Belarus or its parliament. Their reports to international forums do more harm than good. In a way, we create more opposition ourselves by letting it publicize itself abroad. An OSCE AMG operates here on a permanent basis and regularly interferes in our affairs. Do you not think we need to take measures similar to those taken by the Russian parliament and restrict contacts with international organizations that do not recognize the Belarusian constitution?"

Lukashenko: "I am personally not aware of any international organizations that do not recognize our constitution. Anyway, that is their private business. As for public statements refusing to recognize the constitution, that is something they wisely refrain from. Yes, there were some radical developments over our constitution and referendum some time ago. Today, the West has calmed down and has drifted away from its former demands. They have realized there is no questioning of the constitution adopted by the referendum.

The activities of the OSCE in Belarus has not reached the point where it should be cut down to size. Sometimes, they exceed their powers, and I have already seen some deputies like you saying on TV that we should kick them out. You would only provoke them. Does the AMG make OSCE policy? They only make noise.

We need to hold a parliamentary election in such a way that wouldn't let them have anything to pick on. But otherwise, you are right in your opinions. Hardly anything happens here, and State Department spokesman James Rubin starts shaming our government. If you want to see what is happening there, come and see for yourself: our country is open, unlike yours.

It's easy to kick out the OSCE Advisory and Monitoring Group. It's only four people, led by quick-witted Hans-Georg Wieck. But officials do as they are told. If we kick them out, it'll give them just another excuse to brand us uncivilized. We will be patient. Let them advise us, within the bounds of their credentials, let them monitor developments. We are open, we have nothing to hide. Let them advise us how to improve our legislation. This is their mandate, to advise and to monitor, but not to interfere." (BBC, April 13)

--BROTHER SLAVS--

BELARUS AND RUSSIA TO ESTABLISH JOINT MILITARY GROUPING
Belarus and Russia will have a 300,000-strong joint military grouping on the Belarusian-Russian border, Lukashenko announced on April 11. The force will be formed within the framework of a joint Belarusian-Russian concept of the defense of the Union's Western border. Lukashenko said that the grouping's formation was prompted by the complicated military and political situation in the world, NATO's expansion to the Belarusian border, the escalation of regional conflicts and a growing wave of international terrorism. "We cannot sleep quietly in this situation surrendering our interests, and then lift our hands in dismay, and throw millions of people in the hearth of some wars because of our bungling," the Belarusian leader said. (Belapan, April 11)

--CALENDAR OF UPCOMING EVENTS--
April 26 - Opposition to commemorate the 14th anniversary of the Chernobyl nuclear disaster ************************************************************************
Belarus Update is a regular news bulletin of the Belarus Human Rights Support Project of the International League for Human Rights. The League, now in its 58th year, is New York-based human rights NGO in consultative status with the United Nations and ILO.

The Belarus project was established to support Belarusian citizens in making their cases before the U.S. government and public and international fora and intergovernmental organizations regarding Alexander Lukashenko's wholesale assault on human rights and the rule of law in Belarus.

For more information e-mail belarus@ilhr.org or call (212) 684-1221 or fax (212) 684-1696 or visit our web site at www.ilhr.org

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