INTERNATIONAL LEAGUE FOR HUMAN RIGHTS

BELARUS UPDATE

Edited by Victor Cole

Vol. 5, Nos. 23 and 24

June 2002

IN THIS ISSUE:

- OSCE Recalls One Of Two Remaining Diplomats, Urges Belarus To Cooperate

- EU Criticizes Belarus For Refusing Visa To Top OSCE Official

- US Urges Belarus To Provide Evidence Of Commitment To OSCE Agreements

- …And Calls On Moscow To Facilitate Belarus-OSCE Rapprochement

- Putin Responds With Criticism Of Union Plans

- PACE Delegation Visits Belarus

- Trial Of Pahonia Journalists Resumed

- Belarus Blacklisted For Human Trafficking

- U.N. Committee On Rights Of Child Reviews Report Of Belarus

- Wives Of Disappeared Belarusians Address Russian President

- New Law Imposes Religious Censorship

- Jewish Group Appeals To Belarus To Sue War Criminal

- HR Watchdogs Urge UN To Consider Bandazhevsky Case

- UN Children Rights Committee Issues Conclusions On Belarus

- 78 Belarusians Serve Life Sentence

- Baptists Fined For Singing Hymns

- Jewish Group Appeals To Belarus To Sue War Criminal

- Belarus Seeks WTO Membership

--HUMAN RIGHTS AND OPPOSITION NEWS-

OSCE RECALLS ONE OF TWO REMAINING DIPLOMATS IN BELARUS

On June 4, the OSCE's Portuguese Chairmanship recalled one of its two remaining diplomats in Belarus and said its mission in Minsk could no longer work effectively because of "the Belarusian authorities' attitude." The OSCE has asked American diplomat Meaghan Fitzgerald, the last remaining OSCE mission member for external relations, to come to Vienna for consultations, the OSCE's Portuguese chairmanship said in a statement.

Following is the full text of the statement:

"Despite all efforts made by the OSCE Chairmanship through direct contacts with Minsk to overcome the current difficulties between Belarus and the OSCE, the Belarusian Government has refused to extend the visa of Andrew Carpenter, the Deputy Acting Head of the OSCE Advisory and Monitoring Group (AMG), having previously refused to extend the visa of Michel Rivollier, former Acting Head."

"This attitude of the Belarusian authorities does not contribute to the desirable normalization of relations between Belarus and the OSCE and cannot be accepted by the Chairmanship. It can only harm the interests of Belarus. The Government of Belarus must comply with its obligations undertaken within the OSCE."

"A continuation of the co-operation between the OSCE and Belarus is essential and the work of the AMG has to be considered its key element. With the 'de facto' expulsion of Mr. Carpenter, the AMG is no longer in a position to carry out its mission."

"The Chairman has therefore asked Ms. Meagan Fitzgerald, the last remaining AMG Mission member for external relations, to come to Vienna for consultations. Until further notice, the officer-in-charge of the AMG will be Ms. Alina Josan. She is only responsible for administrative work."

"The OSCE is ready to pursue consultations on the future work of the AMG and looks forward to discussing concrete proposals."

The League notes that British diplomat Andrew Carpenter had his diplomatic accreditation withdrawn as of June 1, 2002. He followed Michel Rivolier, acting head of the OSCE Advisory and Monitoring Group in Belarus, who was forced to leave the country on April 15 after the Belarusian authorities refused to renew his visa, and Hans-Georg Wieck, the former head of the OSCE AMG in Belarus, who left Minsk last December after being repeatedly accused of spying and supporting the opposition. The Lukashenko government has persistently refused to accredit the mission's designated new chief, German diplomat Eberhard Heyken. (OSCE, June 4)

OSCE URGES BELARUS TO COOPERATE

On June 6, Ambassador Joao de Lima Pimentel of Portugal, the chair of the OSCE Permanent Council, called on the Belarusian government to make concrete proposals for improving co-operation with the OSCE. He was speaking at a news conference in Vienna after the OSCE's Permanent Council discussed the decision of the Belarusian authorities not to extend the visa of Andrew Carpenter, the Acting Head of the OSCE's Advisory and Monitoring Group (AMG) in Belarus. Amb. Eberhard Heyken, Special Envoy for matters related to OSCE Co-operation with Belarus, Michel Rivollier, former Acting Head of the AMG, and Andrew Carpenter took part in the conference.

"We have appealed to the Belarusian government to answer the repeated requests of the Chair to come up with concrete proposals concerning the AMG mandate," Amb. Pimentel said. "Instead of constructive dialogue, the Belarusian authorities have been complaining about past events and talking in abstract terms about changing the mandate. But up until now, they have not come up with a concrete proposal. This is what we have been requesting from them. And we will use all possible means and channels to move forward in some way."

Asked if the AMG had exceeded its mandate, Amb. Pimentel replied: "The majority in this Organization do not share that view. They consider that the work done by the former Head of the Mission was a correct fulfillment of its mandate."

The Portuguese Ambassador reiterated his regret at the refusal of Belarus to renew visas for AMG staff, which had effectively frozen the mission's activities. "This can only harm the interests of Belarus," Ambassador Pimentel said.

Asked if the OSCE was considering closing the AMG, he replied: "We have not closed the mission because we think there are still possibilities to reach the agreement. For the time being, the mission will continue to exist, under the responsibility of an administrative officer. We hope that appropriate conditions will be established allowing it to resume activities in accordance with the mandate and based on a concrete program." (OSCE, June 6)

EU CRITICIZES BELARUS FOR REFUSING VISA TO TOP OSCE OFFICIAL

The European Union criticised the Belarusian government on June 5 for its refusal to renew visa to Andrew Carpenter, and said it thought the OSCE had a fundamental role to play in Belarus. "The European Union negatively views this decision which is in line with the lack, for the time being, of a positive attitude from the Belarusian authorities," the EU presidency, currently held by Spain, said in a statement.

"The European Union underlines the essential importance attached to the role played by the OSCE with regard to Belarus's democratic development as well as economic and social progress," said the EU statement. It urged the Belarusian leadership to accept a new Advisory and Monitoring Group head and to remove the obstacles hindering the normal development of relations between Belarus and the OSCE.

A day earlier, the French Foreign Ministry called on the Lukashenko government to change its decision on termination of the OSCE AMG's activities in Belarus. "The decision of the Belarusian government to deny visas to OSCE representatives, which discredits the mission of this European organization in Belarus, should be revised immediately," Bernard Valero, French Foreign Minister said in a statement.

The Belarusian Foreign Ministry does not see any need to further elaborate on Minsk's refusal to renew the visa of Andrew Carpenter, Pavel Latushko, Foreign Ministry spokesman, said at a June 6 briefing, adding that the Belarusian government "has already made its position on this issue clear, and believes that no additional explanation is necessary."

Commenting on the statement made by the EU presidency, Latushko expressed regret that "Spain still does not see any possibilities for direct cooperation between the EU and Belarus, and instead keeps promoting the OSCE AMG's role as intermediary." (RIA Novosti, EU, Interfax, June 5-7)

US URGES BELARUS TO PROVIDE EVIDENCE OF COMMITMENT TO OSCE

On June 6, in a statement delivered to the OSCE Permanent Council in Vienna, Stephan M. Minikes, the U.S. ambassador to the OSCE, said that "it is simply impossible to square Belarus's stated desire for cooperation with the OSCE with its expulsion of two international officials representing the organization in Minsk."

Following are excerpts from his statement:

"On June 3, Belarus informed Andrew Carpenter, a member of the OSCE's Advisory and Monitoring Group (AMG) Mission in Belarus, that his accreditation had been revoked and that he had to leave the country by midnight. Carpenter represents the second AMG member expelled by Belarus in two months."

"Mr. Chairman, it is simply impossible to square Belarus' stated desire for cooperation with the OSCE with its expulsion of two international officials representing this organization in Minsk. Further, it is impossible to produce a resolution of this matter through consultations when Belarus' own position, as communicated over the last six months in the form of three draft statements and many public statements here and in Minsk, is inherently contradictory."

"Mr. Chairman, the AMG is tasked with assisting Belarus in the promotion of 'democratic institutions and in complying with other OSCE commitments.' This function is as central to Belarus' own interests and this organization today as it was four years ago when it was adopted by this Permanent Council. Achievement of this function is a prerequisite for Belarus ending its self-isolation."

"Resolution of the matter before us, then, rests not in consideration of yet another draft decision, but in Belarus providing authoritative, constructive, and reliable evidence of its commitment, from the highest levels of its Government, that it is prepared to forge cooperation with the OSCE and address significant concerns through the work of the OSCE presence in Belarus."

"If such concrete steps are not forthcoming, we all need to consider the implications this carries given Belarus' shared commitments to the principle of cooperation."
http://usinfo.state.gov

US CALLS ON MOSCOW TO FACILITATE BELARUS-OSCE RAPPROCHEMENT

On June 12, Colin Powell, the U.S. Secretary of State, called on Russia to use its "positive influence" to cool off tension between Belarus and the OSCE. Powell made his suggestion when he met his counterpart Igor Ivanov on the sidelines of the ongoing Group of Eight ministerial meeting in Canada, a member of the US delegation said. Ivanov told Powell that Moscow would work so that Minsk had a "cooperative relationship with the international community." (AFP, June 13)

PUTIN RESPONDS WITH CRITICISM OF RUSSIA-BELARUS UNION PLANS

On June 13, Russian President Vladimir Putin meted out some of his harshest criticism ever of plans for a union of Russia and Belarus, saying he was strongly against restoring another Soviet Union - especially if it is not in Moscow's economic interest. Reflecting a common criticism of the merger, Putin underscored that Russia didn't want to be burdened by the Belarusian economy - plagued with Soviet-style price controls and still largely controlled by the state.

On June 11, Putin and Lukashenko met in St. Petersburg to talk about the Union. Afterward, a dejected-looking Lukashenko announced that Belarus would have to come up with a new union proposal to be presented later this month. In his turn, Putin appeared to have little interest in hearing any new plans for the Russia-Belarus union. "If we do it at our expense, at the expense of our economy, we will be weaker," he said, adding that such a move would deter other former Soviet republics from closer alliances to Moscow.

The move to distance himself from Lukashenko comes as Putin takes an increasingly pro-Western stance since the Sept. 11 attacks, backing the U.S.-led anti-terrorism coalition. Russia also recently became a limited partner of NATO, and won recognition as a market economy by the U.S. and European Union.

Putin stressed that he preferred a policy of strengthening Russia's economy to entice nations to move closer to Moscow. "If we concentrate our effort on our own development, we will be a powerful magnet of this integration," he said.

Putin's comments elicited a harsh reaction from the Belarusian authorities, who accused Putin of having been bought out by the U.S. Putin "is implementing the will of Bush, not the will of the Russian people," Sergei Kostyan, deputy chairman of the House of Representatives Committee on International Affairs and Relations with CIS Countries, told Russia's NTV television. (Russian Business Consulting/Interfax/ Belapan, June 11-14)

PACE DELEGATION VISITS BELARUS

On June 10-12, a delegation from the Council of Europe Parliamentary Assembly (PACE) delegation visited Belarus to discuss political developments in the country. The delegation, headed by Wolfgang Behrendt, PACE's Political Affairs Committee Rapporteur on Belarus, held talks with representatives of the Belarusian National Assembly, the Foreign, Interior and Information Ministries, the Presidential Administration. It also met with leaders of opposition parties, civil society, the mass media and relatives of missing persons. Topics for discussion with Belarus parliamentarians included the powers of the parliament, the abolition of the death penalty, draft law on the media and the establishment of an independent office of ombudsman with effective powers to investigate all complaints of human-rights violations

Wolfgang Behrendt told journalists that the continuing conflict between the Belarusian authorities and the OSCE mission complicates the country's relations with all international democratic institutions. "There can be no progress whatsoever in relations between Belarus and Europe until the Belarusian government puts an end to the conflict with the OSCE. Political insinuations, stepped up by the Belarusian authorities, only spoil their relations with the European structures. It is in Belarus' own interests to solve the problem with the OSCE AMG," the PACE official said. When asked about the revision of the AMG mandate and possible compromise between the arguing sides Behrendt said: "Why do they need a compromise? The mandate established in 1997 must be preserved."

"We are very concerned about the issue of disappeared political figures in Belarus," Behrendt continued. The Special Rapporteur said the PACE would form a commission of experts to assist the Belarusian authorities in the search of missing opposition politicians.
"We insistently demand that the authorities clarify their fate," he said, adding that the Vladimir Naumov, Belarusian Minister of Interior, "clarified" to him that "thousands of people disappeared in Belarus and less than one percent of them were found." Assembly member Jonas Cekuolis, of Lithuania, said the disappearances were a key issue for the assembly. "We will continue to persistently raise this issue," he reiterated.

Behrendt said that the PACE will be unable to restore the country's special guest status before the Belarusian government will seek normalization of its relations with the OSCE. [Belarus was granted Special Guest status with the Council of Europe Parliamentary Assembly in 1992, which was suspended in January 1997 on the grounds that the
country's new constitution fell short of democratic standards and handed too much power to Lukashenko. The procedure for accession to the Council of Europe was also frozen. -Ed.].

The PACE official confirmed that both, the Belarusian National Assembly and the Consultative Council of the Belarusian Opposition Political Parties, have been invited to participate in a PACE session which is scheduled for June 24-26 in Strasbourg. "You know our stance toward the elections into the Belarusian parliament. The present Belarusian parliament doesn't fulfill the functions of a normal European legislative. However, we hope that it will act in the future more decisively towards the executive. The PACE president invited your MPs to visit the June PACE session along with the opposition parties' members," said Behrendt.

The PACE delegation condemned the prosecution of the Pahonya journalists and expressed their concern about the continuos violations of freedom of speech in the country. The parliamentarians stressed that they initially intended to meet Markevich but he was forbidden to leave Grodno. "We are utterly displeased by this fact for in the past the journalist was allowed to meet the Czech delegation," Behrendt said. The German deputy added that he discussed the problem with Mikhail Podgainy, Minister of Information, who insisted that "the journalists libeled the president and must face trial as a result." The parliamentarians urged the Belarusian authorities to hold the trial of Pahonya journalists in a more spacious courtroom to make it possible for the opposition and independent media representatives to attend it. (Belapan/ Svaboda/ BBC, June 10-13)

TRIAL OF PAHONYA JOURNALISTS RESUMED

On June 5, after repeated delays, the Leninsky District Court of Grodno resumed the hearing of a criminal case against Mikalai Markevich, editor-in-chief of Pahonia, an independent newspaper, and Pavel Mazeika, a Pahonia journalist. The journalists had been indicted in February 2002 by the Grodno Regional Prosecutor's Office under Art. 367, par. 2 of the Belarusian Penal Code for allegedly defaming the Belarusian President, an offence punishable by up to five years in prison.

The journalists' supporters insist the charges represent a political retaliation for articles questioning whether Lukashenko played a role in the disappearances of opposition figures. An article had also characterized the president as guilty of "genocide" for eradicating Belarusian culture and language. The newspaper was shut down in November 2001 following the decision of the Belarusian Supreme Court. The case has attracted the attention of Western diplomats and international human rights representatives in Belarus, many of whom call the charges a further blow to Belarus's struggling independent media, and a new form of persecution of journalists, which had not faced such lengthy jail terms related to free speech charges in the past.

In a recent statement, the Polish Foreign Ministry wrote that the trial of Pahonya's journalists is yet another proof that the Belarusian authorities systematically violate one of the key democratic principles - the freedom of speech.

On June 4, Vladimir Chervonenko, chair of the Grodno branch of the United Civic Party, and two minors, who helped him, were arrested while distributing leaflets in support of Pahonya's journalists. They were charged under Art. 172 of the Belarusian Administrative Code with disseminating copies of an unregistered periodical and taken to the Leninsky District Internal Affairs Directorate of Grodno, where a police report was filed on them. The law-enforcers also confiscated 882 copies of the leaflet. (Charter 97, June 4-5)

BELARUS BLACKLISTED FOR HUMAN TRAFFICKING

On June 6, the United States released the second annual Trafficking in Persons Report blacklisting 19 countries -- including Belarus -- for failing to tackle human trafficking, which it called "a modern-day form of slavery." The report is mandated by the Victims of Trafficking and Violence Protection Act, which became effective in October 2000.

According to the report, the main offenders are the Persian Gulf countries, Afghanistan, Armenia, Belarus, Bosnia, Cambodia, Greece, Indonesia, Kyrgyz Republic, Lebanon, Myanmar, Russia, Sudan, Tajikistan and Turkey. Signifying that such countries do not satisfy the law's minimum standards to combat trafficking and are not making significant efforts to bring themselves into compliance with those standards, the Act mandates that those countries be denied non-humanitarian assistance from the United States, starting 2003, absent a Presidential waiver.

The report notes that trafficking in human beings includes the classic and awful elements associated with historic slavery such as abduction from family and home, use of false promises, transport to a strange country, loss of freedom and personal dignity, extreme physical abuse and depravation. At least 700,000 people around the world fall victim to the practice every year. Most victims are women and children who have been duped or coerced by criminals. "Traffickers use threats, intimidation and violence to force victims to engage in sex acts or to labor under conditions comparable to slavery for the traffickers' financial gain."

Following are excerpts from the report regarding Belarus:

"Belarus is a country of origin and transit for women and children trafficked for purposes of sexual exploitation to Russia, Ukraine, Lithuania, Germany, Israel, Poland, Czech Republic, Turkey, Cyprus, Greece, Hungary and the Federated Republic of Yugoslavia.
The Government of Belarus does not yet fully comply with minimum standards for the elimination of trafficking and is not making significant efforts. The new criminal code penalizes trafficking and the hiring of people for exploitative purposes. To date, no trafficking cases have been prosecuted under the new criminal code. No specialized training is provided to law enforcement on trafficking. Corruption remains a problem for law enforcement investigations. Monitoring of borders remains a problem. In principle, the government may provide protection services and assistance to victims although it presently has no resources to implement a victim protection program. However, international organizations and NGOs provide repatriation, medical and legal assistance as well as a hotline for victims. Although victims are not treated as criminals, they may be harassed and must push for investigations to be done. The government has no prevention programs. An Interagency Working Group was formed to develop a five-year plan drafted in December 2001 to prevent trafficking in persons. State media has occasionally reported on trafficking." The full text of the report can be found at http://www.state.gov/

WIVES OF DISAPPEARED BELARUSIANS ADDRESS RUSSIAN PRESIDENT

On June 4, the wives of several prominent victims of the Lukashenko regime sent a letter to President Putin, urging him to raise the issue of political disappearances in Belarus at the June 11th meeting with Alexander Lukashenko. Ludmila Karpenko, widow of Gennady Karpenko, Deputy Chair of the 13th Supreme Soviet, who died under mysterious circumstances on April 6, 1999; Zinaida Gonchar, wife of Victor Gonchar, a 13th Supreme Soviet deputy chair and a high profile antigovernment politician, who disappeared on September 16, 1999; Irina Krasovskaya, wife of businessman Anatoly Krasovsky, who disappeared along with Gonchar; the relatives of Yuri Zakharenko, the former Minister of Internal Affairs, founder of an independent officers' organization critical of the Lukashenko government, who disappeared on May 7, 1999; Svetlana Zavadskaya, wife of Dmitry Zavadsky, a Belarusian cameraman for the Russian public television station ORT, who disappeared on July 7, 2000; and Tatiana Klimova, wife of Andrei Klimov, 13th Supreme Soviet Deputy, who has been imprisoned since February 1998, wrote to Vladimir Putin that they exhausted the possibilities to learn the truth about the faith of their loved ones.

"We believe that only an independent international commission is capable of investigating the true circumstances surrounding the disappearance and probable deaths of our relatives," the women wrote. As its closest neighbor and Belarus's key ally, Russia can and should force the Belarusian leadership to establish such a commission.

Charter 97 reported that the criminal investigation into the disappearance of Gen. Yuri Zakharenko was extended for another three months and handed over to Vladimir Chumachenko, investigator at the Minsk City Prosecutor's Office, who also handles the cases of Viktor Gonchar and Anatoly Krasovsky. Oleg Volchek, head of the Public Legal Aid Association, a human rights NGO, believes that the fact that Svetlana Biakova, who was in charge of the investigation of Zakharenko's abduction in the past two years, was replaced by Chumachenko, only proves that the three cases are somehow connected to one another. "The Prosecutor's Office finally admits that these crimes were committed by the same group," said Volchek, adding that he would not be surprised to learn some day that the cases were combined into one. (Charter 97, June 4-6)

HR WATCHDOGS URGE UN TO CONSIDER BANDAZHEVSKY CASE

The International Federation for Human Rights (FIDH) and the World Organization Against Torture (OMCT) addressed the UN Working Group on Arbitrary Detention with a petition to consider the case of Belarusian professor Yuri Bandazhevsky, a famous scientist specialized in medical research on nuclear activity and former rector of the Gomel State Medical Institute.

Prof. Bandazhevsky was arrested on July 13, 1999, following the adoption of the presidential decree "On Urgent Measures To Combat Terrorism And Other Especially Dangerous Violent Crimes." He was not charged until August 5,1999, in violation of the United Nations standards and basic principles. On June 18, 2001, he was sentenced to eight years' imprisonment under Art. 169, para 3 of the Belarusian Criminal Code for allegedly requesting bribes from students' parents. Numerous legal experts, including a number with mandates from the OSCE, observed the trial and concluded that Prof. Bandazhevsky had not been given a fair trial. He remains in custody in a high-security colony on Opansky Street in Minsk. The state of health of Prof. Bandazhevsky has seriously deteriorated in the last months as a result of the inhuman conditions of his detention.

"The FIDH and the OMCT have concluded that Prof. Bandazhevsky has been arbitrarily sanctioned for revealing the harmful effects of the Chernobyl disaster on the population of Belarus, in contradiction with official versions given by the authorities," the human rights watchdogs wrote in their appeal. "He had also criticised the misuse of funds within the Ministry of Health, which was intended to support research in this area. The Supreme Court, to whom the counsel for defense submitted a plea for procedural violations, refused to hear the case."

The FIDH and the OMCT urged the Working Group to complete the file of the case in the near future. They believe that the Working Group is entitled to open an urgent action procedure, so as to react adequately to the allegations of inhuman and degrading treatment of the Belarusian scientist.

Gary Pogonyailo, a prominent Belarusian human rights advocate and Bandazhevsky's lawyer, filed a complaint with the UN Commission for human rights. "We used all available legal remedies to protect Prof. Bandazhevsky's rights," Pogonyailo said in an interview to RFE/RL. "Unfortunately, they didn't produce any positive result," he added.
Pogonyailo expressed hope that the UN's interference will enable the defense to set the Professor free.

During his recent visit to Minsk, Wolfgang Behrendt, PACE's Political Affairs Committee Rapporteur on Belarus, Behrendt and Terry Davis, chair of the Assembly's Political Affairs Committee, visited the scientist in jail and expressed hope that in the near future the professor will be released from jail, noting that the prison administration promised to allow him continue his work. (FIDH, OMCT, RFE/RL, June 12)

U.N. COMMITTEE ON RIGHTS OF CHILD REVIEWS REPORT OF BELARUS

On May 26, the United Nations Committee on the Rights of the Child examined the second periodic report of Belarus, expressing concern, in preliminary remarks, about a health situation that had given rise to high levels of tuberculosis and HIV/AIDS. The country's budgetary problems and an accelerating number of divorces are the main causes of concern, said Jacob Egbert Doek, Committee Expert.

Vladimir Malevich, Deputy Permanent Representative of Belarus to the United Nations Office at Geneva, who presented the country's official report, said that since Belarus ratified the Convention on the Rights of the Child, a number of crucial steps have been taken to improve the conditions for the country's children. Since 1995, 25 new standard-setting measures had been implemented for children over 5 years old, and in 2000, a new version of child protection had been put in place through which the Prosecutor General could receive complaints from children directly. A new piece of legislation -- Article 11 -- had been introduced to strengthen the free expression of children, Malevich said. In 1998 a new policy had been adopted on state-family relationships; and in 1999 a new Family Code came into force. Belarus has already ratified Convention #182 adopted by the International Labor Organization, which concerns child labor; and it is in the process of formalizing accession to the Optional Protocols to the Convention on the Rights of the Child. Although infant and child mortality rates had dropped in recent years, Malevich admitted that there were problems with violence against children, drug-addiction and HIV/AIDS, among other things. Sadly, although 16 years had passed since the Chernobyl
nuclear disaster, 400,000 children are still suffering from the effects of Chernobyl. The Committee will soon release its formal concluding observations and recommendations on the Belarus's second periodic report. (UN, May 26)

UN COMMITTEE ON RIGHTS OF CHILD ISSUES CONCLUSIONS ON BELARUS

On June 7, the UN Committee on the Rights of the Child concluded its thirtieth session, having considered reports of 10 States parties to the Convention on the Rights of the Child, including the second periodic report of Belarus.

Among positive aspects in report of Belarus, the Committee noted the adoption of a number of laws in order to further conform domestic legislation with the provisions of the Convention. It particularly noted the adoption of a new civil code and a new marriage and family code; the establishment of the National Commission on the Rights of the Child; the approval of the national plan of action of the Presidential Program titled "Children of Belarus;" the adoption of the National Plan for Human Rights Education; and the adoption of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography.

Among its concerns, the Committee regretted that some of the recommendations it made previously had been insufficiently addressed and that the National Commission on the Rights of the Child had only a consultative status. The Committee expressed concern at the absence of an overall national mechanism to monitor implementation of the Convention. The Committee members believe that insufficient efforts had been made to involve civil society in the full implementation of the Convention; that the principles of non-discrimination, best interests of the child, right to life, survival and development of the child and respect for the views of the child were not fully reflected in the State party's legislation and administrative decisions. The experts expressed their concern about the spreading phenomenon of family disintegration in Belarus, including the high rate of divorce and parental neglect; about the increase in child morbidity, including the increase of HIV/AIDS among newborns; about the high number of children addicted to drugs, alcohol and smoking; the persisting negative consequences of the Chernobyl disaster; and about information that Belarus was a country of origin and transit for trafficking of children.

The Committee recommended the Belarusian government to develop methods to promote the Convention; monitor the situation of children in vulnerable situations; continue to develop measures for the prevention of family disintegration; improve social assistance and support to families to help them with their child-rearing responsibilities; take effective measures to prevent and reduce the abandonment of children; undertake studies on domestic violence, violence against children, ill-treatment and abuse, including sexual abuse; prohibit all forms of corporal punishment; ensure that all children had access to free basic health care of good quality; undertake studies to determine the causes of and ways to prevent disabilities in children; ensure the availability of education in the Belarusian language and accessibility for Roma children; improve the quality of education in the whole country; make sure that all children mature enough to express their views were heard; guarantee to all children the full implementation of the rights to freedom of expression; undertake a study on the issue of trafficking and trafficking-related problems; combat and eliminate child trafficking, sexual exploitation, drug abuse and trade and economic exploitation; and ensure that all persons under 18 benefit from special protection measures in the field of the administration of juvenile justice.

The Committee's final conclusions and observations on Belarus and other countries can be found at: http://www.unhchr.ch/huricane/huricane.nsf/newsroom

78 BELARUSIANS SERVE LIFE SENTENCE

During the hearings on the death penalty held by the Belarusian National Assembly, Vladimir Kovchur, Head of the Committee on Accusation of Punishment of the Belarusian Interior Ministry, reported that as of May 24, 2002, 78 Belarusians serve life sentences. For four of them, the death penalty was commuted to life imprisonment. All inmates are held separately from other prisoners in a high-security colony in Zhodino, the Minsk Region. Two or three of them share the cell and are eligible for a daily walk under a guard's strict supervision. After serving at least ten years of his sentence, the inmate sentenced to life imprisonment can be transferred to other living quarters on the territory of the detention facility. Under Art. 58, par. 4 of the Belarusian Criminal Code, after serving twenty years of his term, the inmate sentenced to life sentence can petition the court to release him after serving an additional five years.

The average age of an inmate sentenced to life is 34. About 70% of the inmates are repeat offenders who committed aggravated murder. The majority of them do not consider themselves guilty, blame others for their cruel fate and believe that their sentence was too harsh. According to Kovchur, about 70% of inmates are suicidal and suffer from various mental disorders; 40% of them believe that the life imprisonment is a more cruel punishment than the death penalty.

Kovchur expressed his concern that the life imprisonment is a financial burden to the country and warned the deputies that if the Belarusian authorities want to ban the death penalty they need to build more high-security detention facilities. (Viasna Human Rights Center, June 11)

- RELIGIOUS FREEDOM IN BELARUS-

NEW LAW IMPOSES RELIGIOUS CENSORSHIP

On May 31, the House of Representatives, the lower chamber of the Belarusian parliament, began discussing Amendments to the Law on Freedom of Conscience and Religious Organizations.

If adopted, the amendments will ban all unregistered religious activity in the country and introduce a complete ban on foreign proselytizing. Religious literature will be subjected to compulsory prior censorship and religious groups with fewer than 20 adult citizen members in any one location will be automatically denied registration. The law will also require compulsory re-registration over the following two years, the third such round of re-registration since Belarus became independent.

Members of several religious communities, as well as local human rights activists, have told the Keston News Service of their concerns over the proposed amendments. "The ban on unregistered religious activity, the requirement for 20 founding members of a religious organization and the very difficult registration process, as well as many other provisions, clearly violate the constitution and international human rights standards," commented Oleg Gulak, member of the Belarusian Helsinki Committee.

"If the provision about compulsory state registration of all religious organization is adopted, it will turn back the clock as believers might again be persecuted by the state for their faith," said Klaus Karsten, director of the German-based Friedensstimme mission, which maintains close ties with the Belarusian Council of Churches of Evangelical Christians/Baptists."

In November 2001, Anatoly Pchelintsev and Vladimir Ryakhovsky from the Institute for Religion and Law a Moscow based religious freedom think-tank conducted the analysis of an earlier draft containing a similar provision. They concluded that "given the low level of constitutional culture among the officials in the whole post-Soviet territory, such a provision could provoke mass violations of the constitutional rights of believers." They pointed out that the provision also violates Belarus's international commitments.

Art. 14 of the draft increases the minimum number of founders of a "religious community" (a local religious organization) from the current 10 to 20 Belarusian adult citizens, and requires those 20 to come from one town or "a few neighboring settlements." The Baptists and the Baha'i communities have expressed their concern about the higher threshold. Coupled with the ban on unregistered religious activity, the requirement may make illegal many small religious groups based in villages. They pointed out that it will also severally impede a grass-root religious activity. "All new churches begin small," they said.

Art. 13 of the draft requires the leaders of all religious organizations to be citizens of Belarus. This requirement has already been opposed by the Baha'i communities. It may also create problems for the Catholic Church, the second largest faith in Belarus with more than 430 parishes, most of whose 285 priests are foreign citizens.

Under Art. 15 of the draft, to form an association, a religious denomination is required to have at least ten religious communities which have been functioning in Belarus for at least fifteen years. This provision will bar many denominations and religions which had only a limited number of registered communities during the late Soviet period from forming religious associations. The Article also distinguishes between "national" religious associations - which need to have functioning communities in the "majority" of the country's regions (presumably at least four of the seven regions) - and "local" religious associations that cannot meet that requirement.

Art. 16 declares that "religious associations" have the right to create monastic communities, brotherhoods and sisterhoods, charitable organizations and educational establishments. Although this is not spelled out, it appears that "religious communities" will not have this right.

The new draft for the first time introduces tight controls over religious publications, including advance, compulsory censorship of religious literature. Art. 27 of the draft stipulates that: "Religious organizations may import or distribute religious literature, printed, audio and video materials only after all materials were examined by the state-appointed experts." Such an assessment would be carried out by the newly-established council of experts affiliated with the State Committee. The Article further states that only religious organizations may found commercial entities to produce "divine service literature" and "items of cult significance," a provision aimed at protecting well-established manufacturers associated with the Orthodox or Catholic Churches. Although commercial publishers do not appear to be deprived of the right to produce religious literature, religious literature may only be distributed on premises used by religious organizations or "in places assigned for these purposes according to the established procedure by local executive and other administrative organs." This provision may prevent ordinary bookstores from selling religious books.

In an interview with Keston, attorneys Sergei and Dina Shevtsov of a Minsk-based law firm, who represent the Full Gospel Pentecostal Church, questioned provisions in the draft limiting religious organizations' activity to defined areas of the country. "This norm is not in accordance with provisions of civil law, which does not contain territorial limitations on the activity of juridical entities," they said. The Shevtsovs also believe that the requirement of Art. 18 that religious groups new to Belarus must submit along with their registration application information about "the foundations of their faith" and "their cult practice," including details of their history and attitude to the family and medical treatment, will leave the way open for officials to deny registration to those they dislike.

Believers of a variety of faiths told Keston that they were concerned that the draft does not state clearly who has the power to initiate a liquidation of a religious organization through the courts. In addition, the Shevtsovs were concerned that there was no mechanism for religious groups to challenge assessments made by the expert council, even though they could lead to denial or removal of registration. (Keston News Service, May 28)

[The Russian-language text of the draft sent by the government to parliament earlier this year can be found at the website of the government's National Center for Legal Information: www.ncpi.gov.by. - Ed.]

BAPTISTS FINED FOR SINGING HYMNS

On June 6, Judge Nikolai Kozlovsky of the Lepel, the Vitebsk Region, City Court, fined
Korolev, P. Burshtein and A. Burshtein, all members of the local Baptist community, 200,000 BYR (about $113) each, under Art. 167, par. 1 ("participation in mass actions violating public order") of the Belarusian Administrative Offences Code for singing hymns on the streets. Six women from the same congregation, which was denied registration by the local authorities, were warned. The Baptists were accused of "preaching and singing religious songs." The only witnesses at the trial were the officials of the local police and the criminal investigation department. (Keston News Service, June 11)

- INTERNATIONAL NEWS-

JEWISH GROUP APPEALS TO BELARUS TO SUE WAR CRIMINAL

The U.S.-based Simon Wiesenthal Center urged the Belarusian government on June 5 to seek the extradition of a Florida man accused of helping kill 3,000 people in German-occupied Belarus while working for the Nazis in World War II. The U.S. Justice Department asked a court last month to revoke the citizenship of 79-year-old Michael Gorshkow over the allegations. U.S. officials say Gorshkow was a Gestapo interpreter and interrogator who participated in the mass murder of Jews and other civilians in Belarus in February 1943 while stationed at the headquarters of the German security police in Minsk. "We call upon the government of Belarus to take the practical measures necessary to bring the murderers of Jews to justice as quickly as possible," wrote the Simon Wiesenthal Center in a letter.

Nazi troops killed more than 100,000 Jews in Minsk, shooting some and burning others alive by setting fire to the Jewish ghetto. The victims included people from Germany, Czechoslovakia, the Netherlands and other European countries who had been deported to Belarus. (Reuters, June 7)

BELARUS SEEKS WTO MEMBERSHIP

The Lukashenko government has set its sight on joining the World Trade Organization as a key step toward becoming part of the global open-market economy. "As a new country, you need to establish yourself," said Anton Kudasov, head of the WTO division at the Belarusian Foreign Ministry, on June 12 at a WTO ministerial meeting in Zagreb. "Belarus, which has seen six percent average growth during the last five years, has taken a number of measures to improve its regulatory framework for foreign trade and investment," he said. Kudasov said that the number of goods subject to non-tariff measures has been significantly reduced. Other steps included the entry into force of an investment code to set up an improved single legal authority for both foreign and domestic investment.

Belarus, Yugoslavia, Macedonia and Bosnia-Herzegovina are the four non-WTO members taking part in the WTO conference of 18 central and southeastern European countries. The meeting was called to enable ministers and high-level officials discuss issues such as accession, the technical help they need to make the most of the global trading system and new liberalization negotiations.

Belarus first applied for WTO membership in 1993. WTO membership is also a key objective of Russian President Vladimir Putin, which he hopes to achieve by the end of 2003. The bid has been bolstered recently by US and European Union decisions to recognize Russia as a market economy. The Belarusian government supports Russia's entry into the WTO, hoping that its own lengthy accession process will be completed on the fringes of Russia's entry. (Belapan/ Interfax, June 12)

BELARUS, IRAN PLEDGE TO BOLSTER BILATERAL COOPERATION

On June 14, during a meeting with visiting Iranian Culture and Islamic Guidance Minister Ahmad Masjed-Kamei, Alexander Lukashenko said that his government was seeking to expand its trade and other ties with Iran. "We are ready to consider all issues relating to co-operation with Iran and will do all we can to expand this co-operation," Lukashenko told the Iranian minister. The authoritarian Belarusian leader said that he was also eagerly expecting a visit here by Iranian President Mohammad Khatami, due at the end of the year.

A day earlier, the Belarusian Foreign Ministry announced that Gennady Nevygras, Secretary of Security Council, will pay an official visit to Iran on July 16-18, when he will meet with his counterpart Husan Ruhani. The two are due to discuss the fight against international terrorism and drug trafficking, the Ministry said.

Despite fierce Western criticism, Belarus continues to sell Russian-made conventional military equipment and spare parts to Iran, which has been branded as a part of an "axis of evil" by Washington. The two countries are also cooperating in the development of a passenger aircraft for Iran, called Iran-140. Lukashenko has pursued strong ties with international outcasts such as Iran, Iraq and Libya. Earlier this year, U.S. officials pointed out reports of Belarusian arms sales to countries or groups sponsoring terrorism and threatened to apply sanctions against Belarus. Belarusian officials have vehemently denied the accusations. Iran, Iraq and Libya are all on a U.S. list of states it says sponsor terrorism. (Interfax/Belapan, June 14)

- UPCOMING EVENTS

On July 6-10, more than 300 parliamentarians from the 55 OSCE participating States will gather on the premises of the German Bundestag in Berlin for the 11th Annual Session of the OSCE Parliamentary Assembly.

During a special ceremony, the Seventh OSCE Prize for Journalism and Democracy will be presented to journalists Pavel Sheremet (Belarus) and Friedrich Orter (Austria).

The Assembly's Committees will consider three reports and draft resolutions (will be available at www.osce.org/pa), these deal with different and interrelated aspects - political, economic and human rights - of the central theme of the 11th Annual Session: "Confronting Terrorism: a Global Challenge in the 21st Century."

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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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