INTERNATIONAL LEAGUE FOR HUMAN RIGHTS

BELARUS UPDATE

Edited by Victor Cole

Vol. 5, No. 21

May 2002

IN THIS ISSUE:

- Senior State Department Diplomat Charts US-Belarus Relations
-OSCE PA Working Group Visits Belarus
-Human Rights Groups Urge Release Of Jailed Professor
-Government Keeps Pressing Charges Against Opposition Leader
-Lower House Votes Down Decree On Information Security
-EBRD Adopts Tougher Stance Toward Belarus

--HUMAN RIGHTS AND OPPOSITION NEWS-

U.S. AND BELARUS: A WAY TO MOVE FORWARD

On May 22, Steven Pifer, a Deputy Assistant Secretary of State in the Bureau of European and Eurasian Affairs, wrote the following statement on Belarus, distributed by USIA:

"When Belarus gained its independence in 1991, friendly diplomatic ties were established between the United States and Belarus. Washington saw great potential for the bilateral relationship and hoped to see Belarus develop into a successful, prosperous and democratic state with good relations with all its neighbors, including the states of Central Europe."

"We had great hopes for future improvement after President Lukashenko entered office in 1994 with the international goodwill that came from his being the first democratically elected President in Belarus' history. Unfortunately, U.S.-Belarusian relations instead began a long, downward slide as the Lukashenko regime made policy choices that set back democratic development and economic reform within Belarus, and sought to broaden links to rogue states."

"As the Lukashenko regime turned Belarus away from a more prosperous future and away from Europe and the U.S., the U.S. Government adopted a policy of 'selective engagement.' We decided to gauge our interaction with the Belarusian government to the behavior of the Lukashenko regime. Unfortunately, on issue after issue, the regime made the wrong choices. The current poor state of U.S.-Belarusian relations, to say nothing of the Belarusian government's self-imposed isolation from Europe, is the result."

"There has been no sign of change over the past year. The vast majority of international election observers considered the September 2001 presidential election undemocratic in character. Since then, the Lukashenko regime has continued efforts to repress non-governmental organizations, closed down independent media, and sought to expel the Organization for Security and Cooperation in Europe (OSCE) mission. While the U.S. Government has reached out to and assisted the embryonic civil society developing within Belarus and will continue to do so, Belarusian government actions have meant that relations between U.S. and Belarusian officials remain at a standstill."

"Washington takes no pleasure in the current state of the bilateral relations. We would prefer a constructive relationship with Belarus. Likewise, we would like to see Belarus move out of its self-imposed isolation and join the European mainstream. But the only way for this to happen is for Belarus to commit to compliance with universal standards of democracy and human rights. We have worked closely with the European Union and Belarus' neighbors to encourage the Lukashenko government to make choices that will lead Belarus back to its place in Europe."

"This was a main topic of discussion during my visit to Minsk in late February. I told Foreign Minister Khvostov and Presidential Administration Head Latypov that the United States was not content with current relations and wanted to find a way to move forward."

"I laid out a road-map for improving relations between our two governments. The U.S. Government was and remains ready to take steps to improve bilateral relations-for example, to move to normalize political relations and to help Belarus out of its isolation-provided that the Lukashenko regime takes real steps in the area of political liberalization. This approach is based on clear and attainable goals that have been set out previously by OSCE officials, specifically:

1) modifying election procedures so as to ensure that each Belarusian's vote counts and is counted, as recommended by the OSCE's Office of Democratic Institutions and Human Rights (ODIHR), the Association of Central and Eastern European Election Officials, the Chairman of the Central Election Commission of the Russian Federation, and other
experts;

2) creating an environment in which peaceful political opposition and civil society can operate without fear;

3) establishing a climate in which all points of view can be expressed in the media, whether state-owned or independent, without censorship or fear of retribution;

4) allowing the return of independent legislative and judicial functions to Parliament and the courts. It is also important to have a credible, transparent, and independent investigation of those opposition figures who have disappeared since 1999. Achieving these goals would be good for the future of the Belarusian people as well as good for Belarus' international standing."

"We call this the 'step-by-step' approach: steps taken by the Belarusian government would be matched by steps taken by the U.S. Government. It is a formula to develop our bilateral relationship in a positive direction in parallel with steps to expand political freedoms within Belarus."

"At the time of my visit, I proposed opening a dialogue on this 'step-by-step' approach through our Ambassador in Minsk. We hoped these discussions would lead to the development of a specific road-map of steps that the two sides might take. We thought that we heard interest in this from the Belarusian side."

"Unfortunately, to date, the Belarusian government has not taken us up on our offer to explore a 'step-by-step' effort. Ambassador Kozak followed up the February discussions with senior Belarusian officials in late April to reiterate our readiness to engage. We still have no official reply."

"We regret this silence, but we remain prepared to pursue a 'step-by-step' improvement in relations with Belarus. There are opportunities here: for the Lukashenko regime to improve relations with the United States, for Belarus to move toward Europe and out of its self-imposed isolation, and for the Belarusian people to attain the democratic freedoms that they deserve and are ready for. There is a clear road-map for moving forward. The only question is whether the Lukashenko government wishes to do so."

Steven Pifer, a career senior Foreign Service Officer, served from January 1998 to October 2000 as the U.S. Ambassador to Ukraine. His other overseas assignments include the American embassies in Warsaw, Moscow and London, while his Washington assignments have included the Office of European Political and Security Affairs, the Arms Control and Disarmament Agency, the Office of Soviet Union Affairs, and the Office of the Coordinator for the New Independent States. From December 1994 until August 1997, he was detailed to the National Security Council, where he spent the last year as Special Assistant to the President and Senior Director for Russia. (USIA, May 22)

OSCE PA WORKING GROUP VISITS BELARUS

On May 20-23, three members of the OSCE Parliamentary Assembly ad hoc Working Group on Belarus visited Minsk for the third time since the last year presidential elections to continue the discussions on ways in which the OSCE PA can reinvigorate a dialogue with the Belarusian authorities, as well as with other social and political forces in the country on the basis of the four criteria [respect for human rights and an end to the climate of fear; opposition access to the state media; a democratic electoral code; and the granting of real power to the future parliament - Ed].

The delegation, consisted of Uta Zapf (MP, Germany), the Chair of the Group, Helena Demakova (MP, Latvia), and Urban Ahlin (MP, Sweden), expressed regrets that the Belarusian authorities were unwilling to cooperate with the OSCE AMG in the organization of the visit, delaying the visa issuance until the last moment.

During the visit, the delegation met with Alexander Voitovich, speaker of the Council of the Republic, upper chamber of the National Assembly, and Vadim Popov, speaker of the House of Representatives, lower chamber of the National Assembly, as well as other parliamentarians. The visitors also met with Mikhail Khvostov, Belarusian Foreign Minister, and Mikhal Podgainy, Minister of Information. During the meetings, the Belarusian Foreign Minister requested the immediate and unconditional recognition of the Belarusian National Assembly parliament by the OSCE Parliamentary Assembly. Vadim Popov, told the delegation that on May 30, 2002, the House of Representatives is to hold a hearing on whether to abolish the death penalty. The speaker noted, however, that in a 1996 referendum, the majority of Belarusians expressed their support for the death penalty. In turn, Zapf noted that "out of 44 issues on the Belarusian parliament's agenda, the OSCE is interested in almost none." "Unfortunately, their agenda does not include draft laws On the National Assembly, On the Media, or On the Human Rights Representative," she said.

The delegation also met with the Advisory Council of Opposition Political Parties, the Republic Coordinating Council of Political Parties, representatives of research institutes, civic organizations and trade unions, the Belarusian Association of Journalists, as well as some Ambassadors of OSCE countries and representatives of international organizations and the family members of those who have disappeared and been imprisoned in circumstances widely believed to be politically motivated. The delegation welcomed the opposition's intent to take part in the forthcoming local elections.

During the meetings with parliamentary and government officials, the delegation expressed its growing concern that the OSCE AMG, which has been functioning without a Head of Group since the departure of Ambassador Wieck in December 2001, is now also without a Deputy Head of Group since Michel Rivollier was forced to leave the country several weeks ago after his request for a renewal of his diplomatic accreditation was denied. Furthermore, the Belarusian authorities were unable to provide any positive information regarding their future intentions with regard to the work and further accreditation of the remaining personnel of the AMG.

The delegation reiterated its proposal that the Belarusian authorities accept the proposed candidate of the new Head of Group, allow the AMG to continue its work on the basis of the original 1997 mandate and the relevant article of the Istanbul Summit Declaration, and discuss the details of the future work of the AMG once the new Head of Group has taken up their duties in the country.

The delegation once again expressed its serious concern that Belarus's relationship with all OSCE institutions and with other European organizations will be hindered without a positive resolution to this problem.

The delegation took note of the fact that most of the legislation related to the four criteria, which has been the subject of discussion during previous visits, has not reached a stage of development where it could be considered for adoption into law, as had been previously hoped. While regretting the delay, the delegation welcomed the fact that the parliamentarians appear to be carefully reviewing all amendments submitted from a wide range of State institutions and civic groups and expresses the hope that the additional time will result in the passing of legislation which meets international standards and the implementation of which will contribute to the democratization process. Overall, the delegation was left with the impression that the parliamentarians appear to be taking the legislative aspects of the democratization process seriously.

During the course of its meeting with civic organizations, the delegation met with Andrei Klimov, a prominent businessman and opposition figure, recently released from prison. The delegation welcomed his early release and urged the Belarusian authorities to fully restore his civil rights. On the other hand, the delegation expressed its concern that Professor Bandazhevsky, whose imprisonment also appears to have political motivations, is being denied the proper medicine and nutrition that his condition requires.

The delegation was also disappointed to learn that there appears to be no discernible progress in the cases of the disappeared opposition politicians and journalist. Finally, the delegation was discouraged by reports from representatives of civic organizations, media outlets and trade unions that the democratization process appears to have stagnated and, in some spheres, has even deteriorated. The delegation urged the Belarusian authorities to embark on a genuine process of dialogue with the non-governmental sector, the further, unhindered development of which is an essential component of the democratization process.

The Belarusian state TV broadcast that the OSCE delegation "positively assessed" the Belarusian authorities' efforts towards developing democracy in the country. The audience was told that Uta Zapf got an "impression that Belarusian parliament is actively working on promoting the democratic changes in the legislation. (OSCE/ Belapan, May 25)

HUMAN RIGHTS GROUPS URGE RELEASE OF JAILED PROFESSOR

Human rights and environmental groups held a demonstration on May 24 in Geneva, in front of the UN's European headquarters, to call for the release from prison of Prof. Yuri Bandazhevsky, the former rector of the Gomel State Medical Institute, who was critical of the Belarusian authorities' handling of the aftermath of the Chernobyl nuclear disaster. Bandazhevsky, a doctor specializing in the effects of nuclear radiation, was jailed in June 2001 for eight years on corruption charges. He is well-known for his criticism of the Belarusian authorities, who he accuses of irresponsibly managing the fallout of the 1986 Chernobyl catastrophe. Amnesty International, CRIIRAD (Commission of Independent Research and Information on Radioactivity), Greenpeace, Friends of the Earth and other groups have denounced the unfair trial and violations of the rules of law. The activists urged the UN Commission on Human Rights to intervene. "Yuri Bandazhevsky must not die in indifference," they said.
(Interfax, May 24)

GOVERNMENT KEEPS PRESSING CHARGES AGAINST OPPOSITION LEADER

Mikhail Chigir, a former prime minister and a major figure in the opposition to Alexander Lukashenko, returned to court on May 21 to defend himself against charges of tax evasion and official negligence that he claims are politically motivated. Judge Natalya Varenik of the Frunzensky District Court of Minsk and Prosecutor Anatoly Yurkevich said that Chigir is facing charges of tax evasion in 1998- 1999, when he was working for a Germany company in Moscow, and official negligence in connection with payments for the construction of a new building in 1994. The government is demanding BYR 8,59 million (about $4,924) in penalties for the back taxes.

Chigir called the judicial proceedings a "comedy." He said that under Belarusian law, he was not required to pay income tax in Belarus during that period because he spent more than 183 days out of the country, working in Moscow. "I am being pursued for political motives," Chigir told journalists. "I never had a problem with the law until I declared myself a candidate in the 1999 presidential election," he said.

This trial is just the latest against Chigir, who in 1999 was charged with embezzlement, theft and other crimes from his term as prime minister and was jailed for eight months. He was eventually convicted of abuse of power and given a three-year-suspended sentence. That sentence was canceled by the Supreme Court in December 2000, and the case was returned to a lower court. "First they accuse me of embezzling millions, and now they accuse me of negligence," Chigir said. "These are entirely different accusations."

On March 6, the Leninsky District Court of Minsk, sentenced Alexander Chigir, the youngest son of Mikhail Chigir, to seven years in a maximum-security prison for car theft with confiscation of property under Art. 205, par. 4, of the Belarusian Penal Code (larceny committed by a group). The family called the sentence political persecution. Earlier, Chigir's wife Julia was given a suspended sentence for resisting arrest.

Chigir, 53, and other opposition activists attempted to organize a dissident presidential election in 1999, when Lukashenko's term was supposed to end. But the authoritarian leader extended his term as president until 2001 through a referendum that was never recognized by western governments or by the opposition. Chigir was also among four opposition candidates who challenged Lukashenko's bid for re-election last year in an election widely criticized by international monitors.. He and the others withdrew from the race and put their support behind a common opposition candidate Vladimir Goncharik. (Belapan/ Nasha Svaboda/ Radio Racyja, May 21)

-AT HOME IN BELARUS -

LOWER HOUSE VOTES DOWN DECREE ON INFORMATION SECURITY

On May 22, the House of Representative of the Belarusian National Assembly rejected for the second time the draft law On Information Security, sponsored by Nikolai Cherginets, a former police general and chair of the Standing Committee on International Affairs and National Security of the Council of the Republic. Local observers described the bill as infringing on civil rights and introducing media censorship. It was first rejected by the lower house last October. (Belapan, May 22)

- INTERNATIONAL NEWS-

EBRD ADOPTS TOUGHER STANCE TOWARD BELARUS

On May 22, the board of directors of the European Bank for Reconstruction and Development (EBRD) has recently approved a new strategy for Belarus that takes into account the results of the last year's election and the bank's shareholders' concern over the political situation and the slow pace of the country's transition to a market economy.

The two-year strategy envisages a three-step approach under which the EBRD will support international efforts to foster progress toward democracy and market economics by remaining engaged in Belarus. But unless the authorities move forward in allowing civil society to operate and market reforms to take root, it will be impossible for the bank's involvement to go beyond a basic scenario under which it will simply monitor existing projects and develop carefully selected private-sector initiatives, particularly those that support small and medium-sized enterprises.

"It is regrettable that, despite the need of Belarus for large-scale investments to modernize its economy and improve its people's well-being, the present conditions are such that the bank cannot extend to Belarus more significant funds," said EBRD President Jean Lemierre in his letter to the Belarusian ruler, President Alyaksandr Lukashenko, earlier this month.

The strategy expresses serious concern over Belarus's compliance with Article 1 of the agreement establishing the EBRD, which requires countries to be committed to applying the principles of multi-party democracy, pluralism and market economics.

The document notes that the investment climate remains one of the most difficult in the region, and that the authorities are still reluctant to address the problems identified by the international community or to embark on a path towards a market economy. (Belapan, May 22)

- UPCOMING EVENTS

July 6-11, OSCE Parliamentary Assembly, Berlin, Germany.

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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 60th year, is New York-based human rights NGO in consultative status with the United Nations.

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.

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