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Belarus Updates, 2000
INTERNATIONAL LEAGUE FOR HUMAN RIGHTS BELARUS UPDATE

Edited by Victor Cole

Vol. 3, No. 36 September 2000

IN THIS ISSUE:

-OSCE Adopts Recommendations On Election
-US Recommends Not to Send Any Observers
-Lukashenko Is Happy With OSCE Decision
-BHC Will Monitor Election
-Color of Electoral Season Is Red
-Russian Communist Leader in Belarus
-Opposition Is Divided on Election
-Supreme Court Sides With Opposition Leaders
-New Attacks on Independent Media
-Paznyak Party Protests Union with Russian and Criticizes OSCE AMG

--HUMAN RIGHTS AND OPPOSITION NEWS-- OSCE CONFERENCE ADOPTS RECOMMENDATIONS ON ELECTION IN BELARUS
On August 31, the Permanent Council of the OSCE met in Vienna to discuss a report from Ambassador Hans-Georg Wieck, chair of the Technical Conference on Belarus, concerning the conditions precedent to hold democratic election this fall. The Conference, which brought together high-ranking representatives of institutions and parliamentary assemblies (OSCE, EC, COE, CIS and the U.S. NGO IFES), adopted recommendations for the role of these institutions in the upcoming October 15 parliamentary election in Belarus. The Conference also heard an address by Sergei Martynov, First Deputy Minister of Foreign Affairs, Anatoly Lebedko, chair of the opposition United Civic Party, and Vintsuk Vyachorka, chair of the BPF Adradzhenne, The recommendations were made in response to conclusions that some progress has been made relating to the organization of democratic elections, but that this still falls short of internationally agreed requirements. The recommendations of the Conference included the following:

The OSCE 's Office for Democratic Institutions and Human Rights (ODIHR), which handles election issues for the OSCE, should send a technical assessment mission. The limited technical assessment mission emphasizes the political significance that Europe attaches to the development and consolidation of democracy in Belarus. On the other hand, the mission does not constitute an automatic international recognition of the election.

The Parliamentary Troika (the parliamentary assemblies of the OSCE, the Council of Europe, and the European Parliament) should continue their consultative and monitoring functions during the election. They should also act as observers in their institutional capacity to the extent that enables them to make an objective assessment of the fairness of the election process.

These recommendations were guided by the conviction that the constitutional controversy that arose in November 1996 can only be overcome through peaceful means, negotiations, and democratic elections. The recommendations may still be modified if the situation in Belarus changes.

"By sending a technical assessment mission to Belarus, the OSCE can keep an eye on the parliamentary election process while not giving the regime the possibility to say that the international community recognizes the vote and considers it legitimate election," Lebedko and Vyachorka told a press conference in Minsk, commenting on the OSCE' recommendations. "Belarus is not forgotten," Lebedko added cheerfully. (OSCE, August 31)

U.S. STATEMENT TO OSCE ON UPCOMING ELECTION IN BELARUS
Belarus has failed to meet even minimal international conditions for its upcoming election, which calls into question whether it is worth to send a team of observers from the OSCE's Office of Democratic Institutions and Human Rights, U.S. Ambassador David T. Johnson told the OSCE Permanent Council on August 31 in Vienna. Following is the text of his statement:

"We should first thank Ambassador Wieck -- not just for his report and comments today, but for the indefatigable work he and his team, as well as President Severin and his team have conducted on our behalf over the last several months, indeed over the last two years, in a joint project to see what we all can do to help bring democracy to Belarus. Their commitment to forging an improvement in the state of democracy and human rights is evident, not only in their words that we were given this morning, but also in their efforts over the last two years."

"On the other hand, we deeply regret that the Government of Belarus has not displayed that same level of sustained commitment. In words, yes -- at least in the last month -- but thus far, neither in efforts nor in deeds that might open the way for democratic change. Like my colleagues around the table, I have just received the document that you worked hard to prepare yesterday. I have not received instructions from Washington regarding the Technical Group's recommendations. But, as everyone knows around this table, our views on this issue have been clear. And little has changed in Belarus to alter that view. The Belarusian government's failure to meet even minimal international conditions for us calls into question the value of observing the forthcoming elections.

"The Technical Group concludes that some progress has been made on the four conditions, but acknowledges that this progress still falls well short of international criteria. Similarly, it concludes there have been changes in the electoral framework that, while unsatisfactory, justify a technical assessment. In my view, there is still a disconnect between the facts on the ground and the conclusions that have been drawn. The OSCE did not offer the Government of Belarus a menu of criteria; the Troika, working on our behalf, established four criteria by which we would measure the Belarusian government's commitment to free and democratic elections."

"The Technical Group itself concludes the criteria have not been met. As ODIHR and Ambassador Wieck note in their own reports, significant problems remain with the electoral code. Those changes offered by the Belarusian government will have minimal impact, since there is little time before the elections, and based on that law, much of the opposition has already decided not to participate due to the long-standing bias against them."

"It will not be possible to test the Belarusian government's commitment on free media until mid-September. But its record to date is by no means promising. Even if candidates acquire some access, the opposition that has chosen politically to express itself by boycotting the elections is frozen out. Again, as with the electoral code, much damage has already been done."

"The climate of fear, about which we have spoken so often, still prevails in Belarus. Who would be prepared to tell the families of those who disappeared, political prisoners languishing in jail or others facing trial that a promise of a period of peace is sufficient?"

"If Belarus is indeed serious, then it should release political prisoners such as Klimov, Koudinov, and Leonov; end politically motivated trials against those such as Mr. and Mrs. Chigir, Statkevich, Shchukin and others; and investigate seriously and account for disappearances of Messrs. Gonchar, Zakharenko, Krasovsky and Zavadsky. Moreover, Belarus should allow genuine freedom of association and expression."

"The U.S. is fully prepared to explore novel ways to advance democratization and human rights in Belarus. But the onus remains upon the Government of Belarus -- and not the OSCE -- to show good faith." (USIA, August 31)

LUKASHENKO OFFICIAL REGARDS OSCE RESOLUTION AS "COMPROMISE"
On August 31, the Lukashenko government expressed its approbation of the OSCE decision to send a technical assessment mission to the country before the October 15 parliamentary election, reported Itar-Tass. "This is a victory of goodwill, an acceptable compromise," said Ural Latypov, Deputy Prime Minister and Minister of Foreign Affairs. "The mission will see a free and fair election," Latypov promised. (Itar-Tass, August 31)

BELARUSIAN HELSINKI COMMITTEE TO MONITOR ELECTION
On August 29, Aaron Rhodes, Executive Director of the International Helsinki Federation for Human Rights (IHF), told a press conference in Minsk that the Belarusian Helsinki Committee (BHC), an IHF's member, will monitor the October 15 parliamentary election in Belarus, reported Belapan. "The Committee won't get into politics, it will concentrate on the human rights violations during the electoral campaign and election itself. The aim of our work is to strengthen the international standards that exist in Belarus in the sphere of democratization and human rights," Rhodes said. He added that the monitors will pay particular attention to the media coverage of the vote, especially by the Belarusian state TV. One of the project's objectives is to assess the authorities' participation in the election campaign and see whether the government interferes in the election process, he added. The IHF Executive Director expressed his concern that as of August 29, only 4% of the members of district election commissions were not associated with the authorities, which may lead to an easy falsification of the result of the vote, especially during early voting and voting at homes. The IHF official was also concerned with the fact that heads of the district election commissions assumed too much power, which gives them opportunities for abuses. Tatyana Protska of the BHC pointed out that out of 1,433 members of the district election commissions, only 129 represent political parties and 212 are members of different NGOs. There are only few representatives of the opposition among them, Protska said. The Central Commission for Elections and National Referenda rejected the BHC's request to study the records of the commissions' formation, she added. (Belapan, August 29)

COLOR OF SEASON IS RED
On August 26, about one hundred delegates from all Belarusian regions attended the 36th Congress of the Communist Party of Belarus (CPB), reported Belarusskaya delovaya gazeta. In his address to the Congress, Victor Chikin, First Secretary of the Central Committee of the CPB, who is also a deputy chair of the Minsk City Council and a newly appointed chief of the Belarusian State Television and Radio Company, said that the political situation in the country requires that the CPB's members should run in the maximum number of electoral districts. The Congress decided that 61 members will participate in the election this fall. It means that the CPB's candidates will ballot in more than a half of all the electoral districts throughout the country. The forum was attended by a delegation from the Communist Party of the Russian Federation, headed by Sergey Potapov, its First Secretary of the Central Committee. Another organization of Belarusian communists, the Belarusian Communist Party (BCP), headed by Vladimir Kalyakin, which held its Congress in Minsk on August 19, decided that 75 party members will participate in the October 15 ballot (See Belarus Update Vol. 3, No. 35). The BCP has the biggest number of its representatives in district election commissions, followed closely by the CPB. (Belarusskaya delovaya gazeta, August 30)

RUSSIAN COMMUNIST LEADER VISITS MINSK
On August 30-31, Gennady Zyuganov, leader of the Russian Communist Party, visited Minsk at the invitation of the Communist Party of Belarus, reported Belapan. During the visit, Zyuganov met with leadership of both communist parties as well as with Alexander Lukashenko. "The European organizations have assumed an absolutely biased attitude toward Belarus," Zyuganov told a news conference in Minsk. "Europe criticizes Belarus for human-rights violations, but there are three million Russians in Belarus who in no way feel themselves oppressed," he said, alluding to the Russian minority's plight in the Baltic states. (Belapan, August 30)

110 LIBERAL DEMOCRATS TO RUN FOR PARLIAMENT
Nasha Svaboda, an independent newspaper, reported on August 29 that the Belarusian Liberal Democratic Party (BLDP) held its Congress in Minsk on August 26. It was decided that 110 party members will participate in the October 15 ballot. "A number of opposition parties made a great political mistake by refusing to participate in the election," BLDP leader Sergei Gaidukevich told the Congress. In his view, objective information about the electoral process can only be obtained through active participation in it. The BLDP chair also stated that he regards the parliamentary election as the first stage of his personal presidential election campaign. According to him, he will make "a very decent rival" for Lukashenko next year. Gaidukevich informed the Congress that out of the 349 applications filed by the BLDP for seats in district election commissions, only 72 had been accepted. Sergei Yarmak, chair of the Social Democratic Party of People's Accord, told Belapan that the Party's Congress, which was held on August 26-27, nominated 20 candidates for seats in the House of Representatives. 31 member of the Belarusian Republican Party, 17 members of the Republican Party of Labor and Justice, and 15 members of the Belarusian Patriotic Party are to participate in the election this fall. (Nasha Svaboda, August 29- Belapan, August 30)

BPF ADRADZHENNE WILL BOYCOTT PARLIAMENTARY ELECTION
On August 27, the Soim [governing body] of the Belarusian Popular Front Adradzhenne held a session in Minsk to discuss the organization's position on the forthcoming parliamentary election and its participation in the Fall 2000 protest campaign. In his address to the Soim, Vintsuk Vyachorka, BPF chair, called for an active boycott of "the electoral farce, aimed to deceive the international community and preserve the pro-Moscow regime." He said that a democratic parliamentary election this fall is impossible because Lukashenko had failed to create conditions for free and fair democratic elections in the country. The BPF Adradzhenne members expressed their fear that the legislation governing the elections does not confirm to international standards and allows the government to easily falsify the results. The organization will take an active part in the 2001 presidential election campaign, however. "The boycott of this fall pseudo-election to parliament is a beginning stage of the fight for real power next year," Vyachorka said in an interview to Belapan. " We plan to actively participate in the presidential election and will seek to strengthen the unity of the Belarusian democratic forces on the issue of nominating a single candidate," he added. (BPF press service, Belapan, August 28)

FORMER PREMIER URGES OPPOSITION SUPPORTERS TO TAKE PART IN ELECTION
On August 28, Mikhail Chigir, former prime minister and opposition leader, who earlier this year received a three-year suspended jail sentence for "abuse of power" (See Belarus Update Vol. 3, No. 21), called on Belarusian citizens, who support the democratic opposition, to take an active part in the October 15 vote. The opposition leader believes that the opposition becomes stronger if its representatives are elected to the National Assembly. He spoke against sending international observers to the parliamentary election since the Belarusian authorities failed to fulfil promptly the four conditions set out by the OSCE: respect for human rights, allowing the democratic opposition access to the state media, the creation of a democratic electoral code and separation of powers. (Belapan, August 29)

CASE OF TWO OPPOSITION LEADERS SENT FOR RETRIAL
On August 25, the Belarusian Supreme Court heard an appeal filed by Nikolai Statkevich, chair of the Belarusian Social Democratic Party (BSDP), and Valery Shchukin, a deputy of the 13th Supreme Soviet, and remanded the case to the Minsk City Court for retrial by a different judge, reported Belapan. On June 19, the opposition activists were found guilty of allegedly "organizing and actively participating in mass actions which violated public order," during the October 17, 1999, Freedom March in Minsk (See Belarus Update Vol. 2, No. 42). The Minsk City Court sentenced Statkevich to a two-year suspended term and Shchukin to one year under Art. 168, para 3, of the Belarusian Criminal Code. Justice Nikolai Germenchuk agreed with the defense that the Minsk City Court's verdict was based on insufficient evidence and that the lower court failed to point out a number of required elements of the incriminated criminal offence, and, therefore, the defendants should have been tried under the Belarusian Administrative law. Both opposition leaders have decided to participate in the October 15 election as so-called "independent candidates" after Lukashenko had publicly announced that "they could take part in the vote as long as they were not in jail." Statkevich has already registered a citizens' group supporting his possible candidacy in the October 15 ballot (See Belarus Update Vol. 3, No. 34). Shchukin was refused registration by the Polotsk, Vitebsk Region, local electoral commission No. 28 on the pretext that the 13th Supreme Soviet, which the opposition leader indicated as his place of work, does not exist (See Belarus Update Vol. 3, No. 33). (Belapan, August 25)

OSCE QUESTIONS COURT DECISION ON KLIMOV'S APPEAL
On August 28, the OSCE AMG in Belarus issued a statement expressing serious doubts that the August 23 decision of the Minsk City Court to reject an appeal filed by Andrei Klimov, businessman and a deputy of the 13th Supreme Soviet, and two of his employees (See Belarus Update Vol. 3, No. 35), was unbiased, reported Belapan. In March 2000, after a controversial eight-month trial, the Leninski District court found Klimov guilty of large-scale embezzlement and forgery and sentenced him to six years in a hard-labor colony (See Belarus Update Vol. 3, No. 12). Leonid Volkovich and Ivan Lukyanchuk, employees of Klimov's company, were convicted of the same offenses. "In the course of the trial proceedings, which resulted in 6 years of jail for Klimov," the AMG OSCE wrote in a statement, "a lot of violations and shortcomings have been discovered." "The case is another in a range of politically motivated ones, which needs to be revisited. It proves one more time that the Belarusian judiciary is not independent," the Mission said in the statement. "The defense had requested an additional time for Mr. Klimov to prepare a brief, since he had only submitted preliminary complaints to the court. By dismissing the defense request, the court failed to use all the measures envisaged in the law for comprehensive, full and objective investigation into the circumstances of the case," the OSCE AMG said.

Andrei Klimov is one of several opposition figures who have been punished for their political beliefs in recent times. He was among the members of the 13th Supreme Soviet who did not recognize the results of the November 1996 referendum and still consider the 13th Supreme Soviet the only legitimate parliament in Belarus. He repeatedly used strong-worded statements to criticize Alexander Lukashenko. In 1996, he put his signature on an impeachment motion against Lukashenko. After the president disbanded the 13th Supreme Soviet at the end of that year, Klimov continued his political activities throughout 1997. Shortly before his arrest, he drew up a report recording violations of laws and the Constitution by the Belarusian president. From the very beginning, the regime's treatment of Klimov has been a travesty of justice. He was arrested in February 1998 and held for seventeen months without trial. He was brutally beaten by his prison guards on December 12, 1999 (See Belarus Update Vol. 2, No. 51). Only after the intervention of the OSCE Advisory and Monitoring Group and U.S. Ambassador Speckhard was Klimov allowed to receive appropriate medical treatment. (Belapan, August 29)

CHIGIR'S WIFE PROTECTS HER RIGHTS, FILES NEW COMPLAINT
Nasha Svaboda reported on August 29 that Julia Chigir, wife of Mikhail Chigir, filed a complaint with the Frunzensky District Court of Minsk, demanding impartial hearing of the incident occurred on May 19, when a sentence was announced in her husband's case. That day, when the crowd attempted to squeeze in the court room, a brawl began, during which Mrs. Chigir was hurt. "I unconsciously bit a policeman who kicked me," she said. The policeman ended up with seven stitches on his ear, the Belarusian prosecutor's office said. In her turn, Julia Chigir has also documented her injuries with legal medical experts. She then filed a complaint with the Frunzensky District prosecutor office of Minsk. She was then charged with attacking a policeman on duty, which under the Belarusian legislation is punishable by one year in jail or one year of corrective labor. Mrs. Chigir said she believes that this criminal charge is connected with her intention to take part in the election campaign this fall. (Nasha Svaboda, August 29)

OPPOSITION ACTIVIST VERSUS BORISOV CITY COUNCIL
Viasna 96 Human Rights Center reported on August 31 that the Kroupki Regional Court began hearing the complaint filed by Alexander Abramovich, chair of the Borisov, Minsk Region, branch of the Belarusian Social Democrat Party, against the Borisov City Council. The opposition activist has asked for BYR 700,000 (about $700) in compensatory damages for being placed for four days in the same cell with the convicts suffering from a severe form of tuberculosis, one of whom later died. In May 2000, Abramovich was sentenced to serve 35 days in jail on administrative charges for various protest pickets staged in his hometown of Borisov. In addition, he was jailed for protesting against criminal procedures initiated by the Lukashenko regime against Mikhail Chigir. On June 15, after serving his term, Abramovich was acquitted by the Belarusian Supreme Court, which did not find any evidence of criminal offense in his activities and dismissed cases (See Belarus Update Vol. 3, No. 18, 22, 25). [According to the Committee for Corrective Institutions of the Belarusian Ministry of Internal Affairs, Belarusian prisons are chronically overcrowded, and are thus breeding grounds for diseases. Belarus, with about 47,000 imprisoned citizens and 12,000 more kept in pre-trial detention facilities, is among the countries with the highest prison populations in the world relative to general population.- Ed.] (Viasna 96, August 31)

NEW ATTACKS ON INDEPENDENT MEDIA
Obsessed with "hostile forces" at home and "enemies" abroad, the regime tightens its iron grip on the Belarusian independent press. Belapan reported on August 27 that the Civic Forum, republican public youth organization, has received three warnings in one month from the Belarusian Ministry of Justice with regard to its periodical Maladzyozhny Praspekt [Youth Avenue]. The first two warnings were issued for not having the words "republican" and "public" in the name of the newspapers' founder and for using unregistered symbols. The third warning the youth organization received for a "delay in providing information" about an article entitled "Ghetto in Downtown" about the awful living conditions in the two dormitories of the Belarusian State University of Technology. The youth organization regards such actions as "an inappropriate reaction to the organization's growing activity and its increasing impact on the Belarusian youth." (Belapan, August 27)

OPPOSITION PARTY PROTEST UNION WITH RUSSIA
On August 25, about 70 activists of the Conservative Christian Party of the Belarusian Popular Front (CCP BPF), led by Zyanon Paznyak, collected signatures under an appeal to be sent to the UN, OSCE, and governments of the U.S. and U.K., urging them not to recognize the December union treaty between Russia and Belarus. About 26,000 signatures have been gathered so far. The CCP BPF Adradzhenne activists called on compatriots not to participate in any elections organized by Lukashenko and pledged that free parliamentary elections in Belarus will be held by their party. They pledged support to the Act of Independence of the Republic of Belarus adopted on July 29 by the All-Belarusian Congress (See Belarus Update Vol. 3, No. 32). "All steps taken by the Belarusian authorities aimed at limiting the republic's sovereignty must be recognized as illegal and criminal," said the CCP BPF Adradzhenne activists in the statement. They regard the Russia-Belarus Union as a community of two unequal partners into which Belarus was "dragged to play the role of Russia's defense shield as Moscow tries to counter NATO's expansion eastwards." The CCP BPF Adradzhenne called on all Belarusian citizens and all fellow countrymen abroad to unite around the ideas of the Act of Independence of Belarus and to defend the Belarusian independence. (Belapan, August 25)

OSCE REJECTS CRITICISM FROM CONSERVATIVE CHRISTIAN PARTY
On August 26, Amb. Hans-Georg Wieck, head of the OSCE AMG in Belarus, issued a press release accusing the Conservative Christian Party BPF, led by Zyanon Paznyak, of launching a public campaign against the work of the OSCE AMG in Belarus. On August 25, 2000, a delegation of the party delivered a statement to Amb. Wieck, repeating earlier accusation of the international organization and its activities in the country, reported Belapan. In the statement, the party accuses the OSCE of "contributing to Russia's occupation policy" in Belarus and of "preparing and campaigning for the dictator's pseudo elections." The statement also demands that the activities of the OSCE AMG in Belarus be stopped and that its head be replaced. "The Group has been the target of unfounded and unqualified attacks by the political party on several previous occasions. In conducting such a defamation campaign, the Conservative Christian Party disqualifies itself as a partner that can be taken seriously on the political and international arena," wrote Amb. Wieck in the press release. He said that the charges advanced by the party against OSCE in general, and against the AMG in particular, lack any substance. "The Conservative Christian Party thus fails to achieve its goal - to undermine the national and international standing of the AMG in Belarus," head of the OSCE AMG in Belarus concluded. (Belapan, OSCE AMG in Belarus, August 25-26)

LOCAL HUMAN RIGHTS NGOs OPEN LAW LIBRARY IN BORISOV
A public Law Library was opened in Borisov, Minsk Region, through the joint efforts of the local branches of Viasna 96 Human Rights Center, the Belarusian Helsinki Committee, and the Belarusian Congress of Democratic Trade Unions, reported Viasna 96 Human Rights Center. The main goal of the Library is to create a database of the human rights violations in the Region and coordinate the activities of local human rights NGOs. The Library is expected to host a legal clinic to provide free legal assistance to the population. (Viasna 96, August 24)

-BROTHER SLAVS- RUSSIAN GOVERNMENT ACCUSED OF ASSISTING BELARUSIAN REGIME
The Moscow Helsinki Group addressed Russian President Vladimir Putin, the Council of Federation, the Russian State Duma, and the Russian Government, urging them to stop supporting politically and economically the regime of Lukashenko. "Belarus has become an authoritarian police state where human rights are routinely violated and the freedom of assembly, association and information blatantly disregarded. The policy of the Belarusian government has led to the substantial deterioration of the living standards, growth of social and political tension in the society and country's isolation," wrote the authors of the appeal. "By encouraging the integrational aspirations of Alexander Lukashenko, the Russian government contributes to the growth of negative tendencies in the sphere of human rights in Belarus and, therefore, bears a full responsibility for support of the regime," they said. (Charter 97, August 30)

--CALENDAR OF UPCOMING EVENTS--
October 1: opposition will stage the Freedom March-3 in Minsk October 8, 14: a range of rallies under the slogan "Yes to Election, No to Farce" will be held in all Belarusian regions
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The 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 59th 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) 661-0480 or fax (212) 684-1696 or visit our web site at www.ilhr.org

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