INTERNATIONAL LEAGUE FOR HUMAN RIGHTS
BELARUS UPDATE

Edited by Victor Cole

Vol. 5, No. 47
November 2002

IN THIS ISSUE:

-Restrictive Religion Law Goes Into Force
-U.S. OSCE Mission Criticizes New Religion Law
-Deputies Urge Lukashenko Not To Destroy Jewish Landmarks
-EU Nations Impose Travel Ban On Lukashenko, Ministers
-Belarus Recalls Envoy After Czechs Refuse Visa To Lukashenko
-France: OSCE Mission Expulsion 'Inadmissible '
-Body Of Missing Ukrainian Journalist Found In Belarus
-Liberty=Prosperity And Vice-Versa
-Lukashenko Scolds Russia For Not Backing Him


-- RELIGIOUS FREEDOM IN BELARUS --


RESTRICTIVE RELIGION LAW COMES INTO FORCE

The new religion law passed by the upper chamber of the Belarus' parliament and signed into force by Alexander Lukashenko on October 31 went into effect on November 16, Keston News Service reported. The new law bans religious activity by groups not registered with the government and forbids most religious meetings on private property. Religious literature becomes subject to government censorship and religious organizations existing less than 20 years are prohibited. Under the legislation, the Orthodox Church has a "determining role" in Belarus. Catholicism, Protestantism, Judaism and Islam, however, are designated as "traditional" faiths. The law bans foreign citizens from leading religious organizations.

In a telephone interview, Alexander Kalinov of the State Committee for Religious and Ethnic Affairs told Keston from Minsk on November 14 that the Committee has already drawn up new regulations setting out the registration procedure for religious organizations, which have now been sent for approval to the executive committees of the country's six regions and Minsk city.

Kalinov reassured a Keston representative that the law will not have retroactive force and that no religious communities will lose the legal status they have achieved even if they no longer meet the requirements of the new law. "The law will not harm the rights of any existing religious community," Kalinov said.

However, his bland reassurance was regarded skeptically by many local observers. "They always lie that laws have no retroactive force, but I believe this one won't become an exception," Oleg Gulak, executive director of the Belarusian Helsinki Committee, told Keston. "I believe religious organizations that fail to meet the new requirements will eventually be shut down." Equally skeptical was Dina Shavtsova, attorney at a Minsk-based law firm that represents the Full Gospel Pentecostal Church.

Evidence is already mounting that the new law is beginning to restrict religious activity. Pastor Vasily Moskalenko of the Grace of Christ Pentecostal Church in Minsk told Keston that there have been several incidents where neighbors have complained of small groups meeting in private homes for worship. Minsk Pentecostal pastor Alexander Ruskevich was reportedly summoned to the Frunzensky District Executive Committee of Minsk and questioned about the activity of his church.

The local authorities have already used "public opinion" - often stirred up by local Orthodox priests - to prevent registration of non-Orthodox religious communities. In one recent incident, Shavtsova lodged a complaint with the Council of Ministers on behalf of a Full Gospel church in which he insisted that "public opinion is not a legal basis to deny registration." (Keston News Service, November 14)

U.S. OSCE MISSION CRITICIZES BELARUS NEW RELIGION LAW

Douglas Davidson, Deputy Chief of the U.S. Mission to the OSCE Permanent Council, delivered a statement in Vienna on November 19 in which he called upon the Belarusian government to take the necessary measures to ensure that Belarusian citizens, regardless of religious faith, have the same opportunities to conduct worship without hindrance and in keeping with international norms on the freedom of religion. In particular, Amb. Davidson noted that the new Belarusian law on religion, which President Lukashenko signed on October 31, "contradicts international principles of religious freedom and human rights" and "seems to be in direct contradiction of Belarus' pledge to fulfill OSCE commitments." The ambassador joined the EU and members of many faiths in their opposition to this law, which, he said, "appears intended primarily to hinder and prevent the activities of religious groups that the Belarusian government considers 'non-traditional' faiths."

Explaining the US position, Amb. Davidson said that the law places "unacceptable restrictions on all faiths in some measure, in as much as it requires permission from government authorities for religious processions and other activities such as masses, weddings, funerals, and religious meetings." He called upon the Belarusian government to take the necessary measures to ensure that Belarusian citizens, regardless of religious faith, have the same opportunities to conduct worship without hindrance and in keeping with international norms on the freedom of religion. He also called upon the Chair to task the AMG to monitor implementation of this law as well as concerns over media freedom and harassment of civil society and the opposition and to report to the Permanent Council on a priority basis.

Responding to the Representative of Belarus' comments on opening a dialogue, Amb. Davidson stressed that although the United States has been urging dialogue for months, "it appears to us as nothing but a dialogue of the deaf."

Finally, commenting on the Minsk's ire caused by the Prague's decision not to issue an entry visa to Lukashenko to attend a NATO Summit, Amb. Davidson noted that it would be "highly inappropriate" for Belarus to link a resolution of the OSCE field presence in Minsk with the Prague NATO Summit. Alluding to the Belarusian authorities' denials of visas to OSCE officials, the Ambassador said: "we consider it the prerogative of each sovereign state to decide to whom it will issue permission to enter its country. This is a right which Belarus has often claimed over the past year. I think it is only fair to apply it to others." "As demonstrated by the worsening human rights situation and the effective closure of the OSCE AMG in Minsk, Belarus has failed to live up to the principles of the Euro-Atlantic Partnership Council. In light of these developments the United States believes it would be inappropriate to invite President Lukashenko of Belarus to the summit in Prague," Amb. Davidson concluded. (USIA, November 19)

DEPUTIES URGE LUKASHENKO NOT TO DESTROY JEWISH LANDMARKS

Seventy-five deputies of the Belarusian National Assembly appealed on November 19 to Alexander Lukashenko to stop the destruction of Jewish cultural landmarks in Minsk. In the appeal - a rare show of dissent in the pro-Lukashenko Parliament - 75 members of the 109-member House of Representatives demanded the immediate end to construction on the site of a 19th-century synagogue and over the foundation of a ruined 16th-century synagogue. The deputies said they would form a joint commission with Jewish organizations to investigate "the actions of top officials in the barbaric destruction of the historic center of Minsk." However, many top lawmakers derided the appeal. "We live in a Slavic country, not a Jewish-Masonic one," said Sergei Kostyan, Deputy Chair Of The International Affairs Committee.
Jewish groups praised the lawmakers' action. "Belarusian lawmakers are making the first attempt to stop anti-Semitism at the government level," said Yakov Gutman, president of the World Association of Belarusian Jews. A year ago, a former 19th-synagogue was torn down by decision of the Minsk City Executive Committee and the Culture Ministry and turned into a construction site. Separately, officials plan to turn the site of a ruined 16th-century synagogue into a parking lot. Jewish groups say Belarusian authorities have been reluctant to hand over former synagogues that were taken away from the community in the Soviet era. The groups accuse the government of turning a blind eye to what they say is growing anti-Semitism in the country. (Belapan, November 19)

- INTERNATIONAL NEWS -

EU NATIONS IMPOSE TRAVEL BAN ON LUKASHENKO, MINISTERS

In the harshest sanction to be applied to Belarus in recent memory on human rights grounds, 14 of the 15 European Union nations imposed a travel ban on Alexander Lukashenko and his Cabinet, including Prime Minister Gennady Novitsky; KGB Chief Leonid Erin, Defense Minister Leonid Maltsev; Interior Minister Vladimir Naumov; Security Council Secretary Gennady Nevyglas; Foreign Minister Mikhail Khvostov; and Victor Golovanov, Justice Minister.

In a rare show of dissent, Portugal was the only holdout as it sought a more flexible system to draw Belarus back into the fold if it promises to improve its ways, a EU official commented. "I am sure the 14 nations will implement the ban speedily," said a diplomat from Denmark, which is currently holding the EU presidency. "These are eight people that these countries do not want to see," the official said. Originally, the EU nations had sought to enforce a ban covering a wider range of the Belarusian government officials.

In the days leading up to the ban, Lukashenko and other officials have repeatedly blamed the U.S. for putting pressure on the EU. On November 20, Nikolai Cherginets, the head of the Foreign Affairs Committee of the Belarusian National Assembly, echoed that criticism by saying that Belarus intends to retaliate for the EU decision to impose a travel ban. "Our trans-Atlantic uncles from the United States decided to jerk their marionettes in Europe. We will certainly take adequate measures and we'll see who will be hurt more," he told The Associated Press. Cherginets did not specify what sorts of measures were being considered, although Lukashenko earlier had hinted at the possibility of relaxing Belarus' border vigilance. Illegal immigrants and drug traffickers from Russia and Central Asia often try to reach Western Europe via Belarus which shares a border with Poland.

Anatoly Lebedko, a leader of the opposition United Civic Party, suggested that if Russia, which has shown increasing impatience with the contentious and autocratic Lukashenko, were to join pressure exerted by the EU and the U.S., "changes could be expected in Belarus."

Earlier this month, the 15-nation EU criticized Lukashenko for continuing to violate the OSCE democratic and human rights standards. EU officials pointed to a "deteriorating situation" of rights in Belarus, which since Lukashenko's accession to power in 1996 through a manipulated popular referendum, has failed to live up to human rights treaties it signed with the EU. As a result, the EU suspended most bilateral trade and financial aid programs in 1997, as well as banning all bilateral relations at ministerial level. (AP, November 19)

BELARUS RECALLS ENVOY AFTER CZECHS REFUSE VISA TO LUKASHENKO

Belarus recalled its ambassador to the Czech Republic on November 15 after the Czech government refused to issue Lukashenko a visa to attend NATO summit in Prague, pointing to human rights violations in Belarus, Interfax news agency reported. Earlier, Alexander Sychov, Belarusian Deputy Foreign Minister. summoned ambassadors from NATO states. "The Belarusian state will never allow anyone to make decisions in its place, including in such an important area as international security," Sychov told the ambassadors. He said failure to invite the Belarusian leader to the Prague meeting proves that NATO has "a selective approach regarding members of the Euro-Atlantic Partnership Council and continues to practice double standards." (Interfax, November 15)

FRANCE: OSCE MISSION EXPULSION FROM BELARUS INADMISSIBLE

France raised serious concerns over the human rights situation in Belarus and lack of cooperation with the OSCE AMG. Bernard Valero, press-secretary of the French Foreign Ministry, said on November 21 that "de-facto deportation of the OSCE officials from Minsk is inadmissible." He also called on the Belarusian authorities to launch an impartial investigation into political the disappearances and to release Prof. Yuri Bandazhevsky. "It is crucial that Belarus, as OSCE member, fully complies with her commitments," underscored French press-secretary.
(Charter 97, November 21)

- MEDIA FREEDOM -

BODY OF MISSING UKRAINIAN JOURNALIST FOUND IN BELARUS

Ukrainian police reported that the body of Mykhailo Kolomiyets, the director of the Ukrainian News agency, had been found in Belarus. In a statement on November 19, Ukraine's Parliamentary Committee On Press Freedoms cast doubt on reports that the body of a missing journalist had been found in Belarus, and urged a thorough investigation. However, Dmitry Parton, spokesman for the Belarusian Interior Ministry, said authorities were "90% certain" that a body found on November 18 hanging from a tree in a forest near Minsk was that of Kolomiyets. Parton said the police suspect suicide.

Kolomiyets disappeared on October 21. Ukrainian police said they confirmed that he arrived in Minsk on October 23 and phoned a friend five days later. The friend said Kolomiyets told her he had left the country intending to commit suicide, according to some colleagues. Kolomiyets, 44, created Ukrainian News in 1997 and owned half its shares. Some feared his disappearance stemmed from the agency's independent news coverage.

Robert Menard, head of Reporters Without Borders, called a police report that Ukrainian News director Mykhailo Kolomiyets committed suicide a "hasty conclusion," and appealed to the country's chief prosecutor to head the investigation, according to the Institute of Mass Information, the official representative of Reporters Without Borders in Ukraine. In a letter to the Ukraine's chief prosecutor, Menard proposed cooperation in investigating the death of Kolomiyets, including the involvement of French forensic experts, the Interfax news agency reported.

Meanwhile, Kolomiyets' colleagues demanded a criminal investigation and autopsy. "By estimation of Kolomiyets' friends and relatives, he did not have reason to commit suicide because he was a steady and strong-willed person,"" journalists from Ukrainian News said in a statement.

Ukraine's League of Economic Journalists demanded that an independent team of experts identify the body and determine the cause of death, saying "one of several believable reasons for Kolomiyets disappearance was his professional activity," reported Interfax. "We don't believe it was suicide. The disappearance and possible death of the Ukrainian News director is a continuation of a regrettable tradition of journalists' deaths in Ukraine," the League said in a statement.

Kolomiyets' case is the third high-profile journalist death in Ukraine. In September 2000, investigative Internet journalist Georgy Gongadze disappeared and his beheaded body was found in a forest outside Kiev. Last year, TV company director Igor Alexandrov was beaten to death in the eastern Donetsk region. Both crimes remain unsolved. Ukrainian opposition groups have accused President Leonid Kuchma of involvement in Gongadze's killing, basing their claims on audio recordings made by an ex-presidential bodyguard. Kuchma strongly denies the charges. (Interfax, AFP, November 20)

- AT HOME IN BELARUS-

LIBERTY=PROSPERITY AND VICE VERSA

In the 2003 Index of Economic Freedom, released in November by the Heritage Foundation and the Wall Street Journal, the big story is Europe. The most impressive story is Estonia, which ties for sixth place - out of 161 countries - with the U.S. and Denmark. In an essay in this year's Index, Mart Laar, former Estonian Prime Minister, details the country's journey toward freedom, highlighting the importance of property rights and the rule of law. Sadly, Belarus, which in Soviet times used to be on par with Estonia in the standard of living, remains firmly in the last category titled Repressed Economies, sharing ignominious 151st spot with Libya, a primitive hotbed of terrorism.

The Index grades countries on such questions as the liberality of traded policy, how much citizens are burdened by taxes and regulations, the soundness of monetary policy, whether property rights are protected, and the size of the black market, a good indicator of the degree of repression. Data from the past eight years are now on line at www.index.heritage.org

-- BROTHER SLAVS --

LUKASHENKO SCOLDS RUSSIA FOR NOT BACKING HIM

Alexander Lukashenko bitterly assailed Russia on November 18 for failing to support him in his confrontation with the West. "Russia does not have the right to make compromises on Belarus - a frontier where the Russian people should stand to the death," Lukashenko said during a meeting with Gennady Seleznyov, the speaker of Russia's lower house of parliament. "Russia doesn't have the right to do that, despite the pressure from Western nations," the Belarusian leader said. Earlier this month, OAO Gazprom, Russia's state-controlled natural gas monopoly, warned the Lukashenko government it was cutting gas supplies to Belarus because it had failed to pay for previous deliveries. The angry Lukashenko described the decision as "politically motivated economic terrorism." On November 18, he referred to the dispute, saying he wonders "why some nations owe Russia billions of dollars, not 165 million, and Russia imposes no sanctions against them." (Belapan, November 19)

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The Belarus Update is a weekly news bulletin of the Belarus Human Rights Support Project of the International League for Human Rights (www.ilhr.org) The League, now in its 61st year, is a New York-based human rights NGO in consultative status with the United Nations ECOSOC. Visit our website for back issues, analysis, and links to news sites and NGOs in Belarus: www.belarusupdate.org For queries on how to subscribe or unsubscribe or other information, contact belarus@ilhr.org
The Belarus project was established to support Belarusian citizens in making their case for the protection of civil society before the international community regarding Alexander Lukashenko's wholesale assault on human rights and the rule of law in Belarus.

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