In Dialogue with Belarus, Experts of the Committee on Economic, Social and Cultural Rights Ask about Labour Therapy and the COVID-19 Pandemic Response and Outcome

 

The Committee on Economic, Social and Cultural Rights today concluded its consideration of the seventh periodic report of Belarus on measures taken to implement the International Covenant on Economic, Social and Cultural Rights, with Committee Experts asking about forms of work in Belarus, including labour treatment regimes, as well as the COVID-19 pandemic response and outcome.

A Committee Expert noted that some reports received indicated that Belarus used work or labour as punishment. Could the delegation provide information about the number of persons subject to that form of detention? Were there forms of non-voluntary work in Belarus? The Committee was concerned that elements of forced labour might be enshrined in legislation and in certain policies. On the subject of reintegration through a labour regime, a Committee Expert commented that it was difficult to justify its compatibility with modern human rights law.

Regarding the COVID-19 pandemic, could the delegation provide official statistics regarding COVID-19? How many infections and how many deaths related to COVID-19 had occurred so far, and what measures were taken to prevent the infection among different segments of population, and mitigate the negative impact on jobs, health, education and social security? Regarding the COVID-19 pandemic and the protection of people at their workplace, how did Belarus intend to treat situations where people could not work, and what type of compensation was being paid? What was the policy of the State regarding the COVID-19 pandemic, in particular regarding people in detention, people with disabilities, the homeless and HIV-infected persons and children in schools?

Sergei Aleinik, Deputy Minister of Foreign Affairs of Belarus and head of the delegation, said Belarus paid great attention to the human rights which were protected by the Covenant. The achievements of Belarus included a small gender gap, a low unemployment rate, and a high literacy rate, among other results. Belarus would continue to maintain its high standards despite challenges, which included the COVID-19 pandemic and unlawful unilateral coercive measures, which were used by Western countries. Belarus provided free education, health care, pension provisions, support for vulnerable categories of the population, and benefits for children. The State also assumed a considerable part of the expenditure for housing and utilities. Thanks to its approach, Belarus had been able to maintain all social obligations to its population, even during the intense phase of the COVID-19 pandemic.

In the ensuing discussion, the delegation explained that forced labour was prohibited as per the Constitution and Labour Code. Court orders could order work placement, but leave was provided. Facilities provided for work opportunities for some citizens , some which fell in those categories were given opportunities to work. Persons were sent to labour and treatment facilities only upon court order, for reasons such as drug dependency or to facilitate their willingness to give up substance abuse. Work was one component of the rehabilitation and integration of such persons. Labour was one measure of socio-medical rehabilitation, and the main purpose was to provide medical assistance. It was done in accordance with the law on public healthcare, and the law on the provision of psychiatric assistance, and protocols approved by the Ministry of Health, among other regulations. People in such institutions received specialised care, and there were eight labour therapy institutions in Belarus. Citizens in labour treatment facilities did not pay anything for the services they received. According to law, the provision of all necessary assistance to persons in such facilities was on a purely voluntary and consensual basis.

In response to questions about the COVID-19 pandemic, the delegation said there had been around 830,000 confirmed cases, and the number of registered cases with a fatal outcome to date was at 6,265. Tele-consultations were provided, and when it came to inpatient care, Belarus had developed a rational approach to hospitalisation whereby patients were provided with medication. Clinical protocols had been amended to better account for the purchase of medication. Belarus had emphasised vaccinations for vulnerable groups, such as those living in institutions, as well as healthcare personnel.

In concluding remarks, Heisoo Shin, Committee Vice-Chair and Country Rapporteur for Belarus, said there seemed to be some discrepancy between the information provided in the State party’s report and during the dialogue, and the information the Committee gathered from other sources. She expressed sincere hopes that current legislation governing the registration and work of non-governmental organizations would be changed to allow them free activities for promoting economic, social and cultural rights.

Yury Ambrazevich, Permanent Representative of Belarus to the United Nations Office at Geneva and Deputy Head of Delegation, in concluding remarks, said some members of the Committee had seemed to be under the powerful influence of information contained in the alternative reports and other dubious information sources. The information war against Belarus, or the campaign of defamation run by Western countries since August 2020, could be explained by geopolitical interests those countries had in the region of Belarus. Belarus did have problems, which were known, but so were the efforts which were necessary to resolve them. Belarus would be grateful to the Committee for objective and constructive observations and recommendations.

Mohamed Ezzeldin Abdel-Moneim, Committee Chairperson, said all points made by the delegation, and all their answers given, would be given the consideration they merited by the Committee in its elaboration of the concluding observations. The Committee was only guided by the Covenant - the full text and spirit - and its general comments.

The delegation of Belarus was comprised of representatives of the Ministry of Foreign Affairs; the Constitutional Court; the Council of Ministers; the Ministry of Interior; the Ministry of Health; the Republican Scientific and Practical Centre for Mental Health; the Ministry of Education; the Maksim Tank Belarusian State Pedagogical University; the Ministry of Labour and Social Protection; the Ministry of Justice; and the Permanent Mission of Belarus to the United Nations Office at Geneva.

The Committee is scheduled to issue the concluding observations and recommendations on the report of Belarus at the end of its seventy-first session, which concludes on 4 March. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. The webcast of the Committee’s public meetings can be accessed at http://webtv.un.org/.

The Committee is next scheduled to meet in public this afternoon at 3 p.m. to begin its consideration of the third periodic report of the Czech Republic (E/C.12/CZE/3).

Report

The Committee has before it the seventh periodic report of Belarus (E/C.12/BLR/7).

Presentation of the Report

SERGEI ALEINIK, Deputy Minister of Foreign Affairs of Belarus and Head of Delegation, said Belarus strived to fulfil its reporting obligations to the human rights treaty bodies, adding that it paid great attention to the human rights which were protected by the Covenant. The achievements of Belarus in that respect included a small gender gap, a low unemployment rate, and a high literacy rate, among other results. Belarus would continue to maintain its high standards despite challenges, which included the COVID-19 pandemic and unlawful unilateral coercive measures, which were used by Western countries. On 27 February, there would be a referendum on proposed amendments to the Constitution, which would update regulations around certain spheres of social relations.

Mr. Aleinik then quoted a recent speech by the Belarus President Alexander Lukashenko, which said that Belarus operated on the principles of fairness, responsibility and concern. In accordance with those principles, Belarus provided free education, health care, pension provisions, support for vulnerable categories of the population, and benefits for children. The State also assumed a considerable part of the expenditure for housing and utilities. Thanks to its approach, Belarus had been able to maintain all social obligations to its population even during the intense phase of the COVID-19 pandemic.

Sanctions had been unlawfully introduced by Western countries on Belarus, actions which contradicted the United Nations Charter and the Covenant. The sanctions had limited the ability of Belarus to participate in international trade, which in turn had an impact on ordinary citizens. The unlawful ban imposed by a number of Western countries on the transit of fertilizers from Belarus had created a shortage on the world market, posing a threat to global food security. Urging the Committee not to be influenced by the negative image of Belarus which was being propagated, Mr. Aleinik underscored that Belarus was a developed, peace-loving country in the heart of Europe, with highly educated, hard-working and hospitable people.

Questions by Committee Experts

A Committee Expert expressed hopes for a dialogue in a spirit of cooperation and goodwill, noting that the Committee did not have a personal or vested interest in Belarus, but was obliged to monitor whether the people in Belarus were fully enjoying their economic, social and cultural rights. Turning to questions, the Expert noted that during the second Universal Periodic Review, Belarus had promised to develop comprehensive anti-discrimination legislation. Could the current sectoral regulations prohibit all forms of discrimination that were direct, indirect, or intersectional, in each area of the Covenant’s rights, and provide protection and remedies for the victims?

Concerning the national human rights institution, Belarus in 2020 had reported that efforts had been made to study the issue of establishing a national human rights institution. The State had accepted Universal Periodic Review recommendations to consider establishing a national human rights institution in accordance with the Paris Principles. Had there been any progress since then?

As for reports on the repression of activities of civil society and non-governmental organizations, the Committee Expert noted that human rights defenders and non-governmental organizations were essential for the promotion and protection of human rights, in particular, economic, social and cultural rights. According to information available, more than 300 non-governmental organizations were either in the process of forced liquidation, or lawsuits to forced liquidation had been filed against them, or they had already been liquidated. Among the organizations being forcibly liquidated were organizations working with HIV/AIDS issues, organizations working to protect people from discrimination, to protect the rights of prisoners and people with disabilities, in the field of youth employment, and others. The current legislation which put serious limitations on the registration and activities of non-governmental organizations should be amended, allowing freedom and providing support for their activities. What had happened to the 2019 bill to amend the law? Was there any progress on amendments to that law?

Another issue was serious and massive violations against peaceful protesters.

The Committee had heard that there were massive violations against peaceful protesters occurring, especially during the last two years, such as massive dismissals in fields such as healthcare, public service, industry, education, culture, science, and more, as a reaction by the authorities to people’s participation in peaceful protests and public speeches. There were also expulsions of students from educational institutions, as well as detention in inhuman and degrading conditions, and failure to provide medical care to detainees. All those violations should be stopped immediately. Was Belarus investigating any of those responsible, to bring them to justice?

Concerning equality between men and women in the enjoyment of all economic, social and cultural rights, as prescribed in article 3 of the Covenant, the Expert noted that there were strong gender stereotypes in Belarus. Were measures being taken to reduce the “double burden” of women and encourage men to participate in sharing the family responsibilities? The introduction of paternity leave, which entered into force in January 2020, the national Family of the Year contest, community initiatives such as the “Papa Pro” forum and “father school” projects, were all commendable. Could the delegation provide details of the paternity leave as provided in the Labour Code, how long was the paternity leave, under what conditions was it carried out, and how many fathers had taken paternity leave during the last two years? It would take time to fight gender stereotypes; was Belarus adopting any temporary special measures to change the strong tradition of gender stereotypes?

Regarding the COVID-19 pandemic, could the delegation provide official statistics regarding COVID-19? How many infections and how many deaths related to COVID-19 had occurred so far, and what measures had been taken to prevent infection among different segments of the population, and mitigate the negative impact on jobs, health, education and social security?

Lastly, on the issue of sanctions, the Committee’s mandate was to examine whether Belarus, as a State party to the Covenant, was fulfilling its obligations under the Covenant. The issue of sanctions needed to be raised at other proper fora.

Responses by the Delegation

The delegation explained that a constitutional reform was underway in Belarus, and the proposals to amend or add to the Constitution had been developed by a

Constitutional Commission on the basis of a broad public dialogue. During the time the Commission worked, it had received over 1,100 proposals about how to change the Constitution. One of the principles underlying the preparation of constitutional amendments was the development of national law in keeping with the international obligations of Belarus. Changes to the Constitution would affect its preamble and all its sections. A specific example was in the field of equal rights for men and women. The amendments ensured the Constitution would reflect the specificities of Belarusian society and would specify that men and women were given equal opportunities in the fields of public and social relations, meaning that the prominent role played by women in society would be further consolidated. Many proposals had been submitted directly by citizens, for example the right to social protection which was expanded to people benefiting from specific support from the Government, such as war veterans and people who had lost health while defending State or national interests.

Belarus was expanding the way it guaranteed the rights of citizens to access courts. The action or inaction of State bodies or public officials that trampled the rights of citizens could be challenged before a court of law. For the first time in Belarus, there would be a direct mechanism for constitutional complaints. In response to some questions posed by Committee Experts, the delegation explained that the Constitution included a role foreseeing the possibility for the creation of ombudspersons in Belarus, for instance an ombudsperson on human rights. The rights of citizens to establish voluntary organizations and participate in their activities had been strengthened. The constitutional changes proposed had been developed in a participatory process with a view to expanding the rights and guarantees of citizens, and the mechanisms for upholding them. The changes were discussed on a broad basis and were in keeping with legislation in Belarus.

Turning to religious and ethnic affairs, the delegation explained that Belarus was a multi-religious and multi-ethnic State with 156 ethnicities represented as well as 25 religious confessions and religious affiliations in the country, which had never experienced religious conflicts or ethnic strife. A consultative inter-ethnic council brought together representatives of different ethnic associations and organizations, participating in the distribution of resources earmarked by the Government for the development of ethnic and cultural organizations. Special advantages were granted to religious associations, such as tax exemptions, study grants, and others. The maintenance of stable inter-ethnic and inter-religious relations and the development of constructive intercultural dialogue was one of the key priorities of Belarus.

In Belarus, there was no discrimination allowed on the basis of religion, race, health, sex, language, ethnicity, or any other grounds. That was set forth in the Labour Code. A person who believed they had been the subject of discrimination could appeal to a court. Women could not be denied a job on the basis of pregnancy or caring for children. A key part of the social policy of Belarus was equal rights between men and women, and the country was currently implementing its sixth national plan of action on ensuring gender equality. Despite there being no electoral quotas for women, the National Assembly was composed of 35 per cent women. Women made up over half the workforce, and families could choose whether the father or mother of a child would be on parental leave until age three. To increase fathers’ involvement in child-rearing, initiatives included 14 days’ paternity leave within six months of the birth of a child, and there were laws to stop the dismissal of parents with children under the age of three.

In response to questions relating to non-governmental organizations, the delegation explained that the Constitution of Belarus provided each individual with the opportunity to enjoy freedom of association, regulating it through a law on voluntary organizations. It provided for the constitutional rights of citizens to the freedom of association, and provided for the legal framework for establishment, activity, re-organization or closure of such organizations. The law provided for a number of restrictions relating to the establishment and activity of voluntary organizations aiming to protect the sovereignty, integrity and independence of the State. In Belarus, it was prohibited to establish and carry out activities which related to the spreading of propaganda for war or extremist activities.

There was also a prohibition against the activities of non-registered voluntary associations, and the activities of voluntary associations which aimed to have foreign governments provide advantages to citizens of Belarus in connection with political or religious views, or ethnic background. When there was a violation of regulations regarding a voluntary organization, it could be refused registration. When there was a violation of the legislation or the charter of the voluntary organization itself, measures could be taken and it might be regarded as an offense under the law. The voluntary association might be suspended, but its suspension or closure could only be decided by a court. In 2021, there were different associations closed down by court order, but all decisions on such closures were in accordance with the law.

Regarding the COVID-19 pandemic, there had been around 830,000 confirmed cases, and the number of registered cases with a fatal outcome to date was at 6,265. Tele-consultations were provided, and when it came to inpatient care, Belarus had developed a rational approach to hospitalisation whereby patients were provided with medication. Clinical protocols had been amended to better account for the purchase of medication.

Questions by Committee Experts

A Committee Expert asked for further information regarding the establishment of a national human rights institution, and whether Belarus was planning to adopt comprehensive anti-discrimination legislation.

Another Committee Expert noted that according to the Special Rapporteur on Belarus, women and vulnerable groups were the subject of discrimination. Such concerns had been raised repeatedly; could the delegation speak to developments on the ground, such as how to guarantee legislative means to allow for compensation to victims of domestic violence and the accountability of perpetrators? Had Belarus established programmes to inform women about their rights, including their right to remedies in cases of domestic violence?

Another Committee Expert asked for further information about voluntary associations. Were there statistics on the number of institutions being closed? According to the Committee’s information, it also affected several social organizations working in the field of disability. Why were so many institutions on disability hit by restrictions on the freedom of association? It was a very broad interpretation of extremist activity.

Responses by the Delegation

The delegation said that the topic of the ombudsperson had been discussed for a number of years, and currently, there were proposed changes to the Constitution whereby the President had the right to appoint ombudspersons on various issues of particular importance. If those changes were approved by the upcoming referendum, the establishment of a national human rights institution would be possible in the future. As for non-governmental organizations, excessive attention was being given to them during the present discussion. A number of non-governmental organizations were being disbanded, but that was being done in accordance with the law, and in accordance with international practice. The situation should not be dramatised, as Belarus was not reporting before the Committee about the activities of non-governmental organizations, but about the State’s activities.

In response to questions about the equality of women, the delegation said most forms of violence taking place in the family were recognised as offenses or violations of the law, which fell under administrative or criminal sanctions. Compensation for harm or damage to citizens could be claimed in civil courts. A perpetrator of domestic violence could be removed from the family to protect the woman; there were also hotlines and crisis shelters for those fleeing domestic violence.

When it came to COVID-19 vaccinations, approximately 60 per cent of the population was vaccinated, and Belarus used three different vaccines. Belarus had emphasised the provision of vaccinations for vulnerable groups, such as those living in institutions, as well as healthcare personnel.

Questions by the Committee Experts

A Committee Expert asked questions regarding the right to work. Some reports received indicated that Belarus used work or labour as punishment. Could the delegation provide information about the number of persons subject to that form of detention? Were there forms of non-voluntary work in Belarus? The Committee was concerned that elements of forced labour might to be enshrined in legislation and in certain policies. Civil society reports alleged that people who

condemned the violence committed by the authorities and expressed their political and civil opinion had become subjects of discrimination and repressive measures by authorities. Could the delegation explain how developments after August 2020 had led to problems with the right to work for those attending the protests?

Regarding the COVID-19 pandemic and the protection of people at the workplace, how did Belarus intend to treat situations where people could not work, and what type of compensation was being paid? As for gender inequality, could the delegation provide updated statistics regarding equal pay for equal work? The Labour Code still contained prohibitions against women working a number of jobs with harmful or dangerous working conditions. The list still covered 181 professions from which women were excluded; did Belarus have the intention of overcoming that? Was Belarus planning to tackle the structural difficulties of people with disabilities, to improve their employability? What type of reasonable accommodation was foreseen to allow people with disabilities to take part in the labour market? Could the delegation provide information about discrimination faced by Roma persons in the labour market?

Responses by the Delegation

The delegation noted that while some Committee Experts had referred to information from the Special Rapporteur on Belarus, the State party did not recognise that mandate. While Committee Experts had suggested the matter of sanctions belonged to other fora, they were in fact relevant to economic, social and cultural rights. Turning to the questions asked, the delegation said there was a high level of employment in Belarus, which had risen over recent years. With regard to forced labour, forced labour was prohibited as per the Constitution and Labour Code. Court orders could order work placement, but leave was provided. Facilities provided for work opportunities for some citizens, some which fell in those categories were given opportunities to work. There were traditions regarding subotnik which was a voluntary practice, and no money was taken from citizens for refusing to participate in that workday on Saturdays. People with disabilities could request development and personal assistance, and could for example receive subsidies for opening their own businesses. Belarus was developing remote assistance for finding employment, and in each region there were electronic labour markets. Organizations with 30 per cent of their workforce made up of persons with disabilities had certain advantages. Associations of persons with disabilities were free from paying property or land taxes, and paid reduced leases.

In response to the question about equal pay for equal work, the delegation explained that that principle was enshrined in the Constitution, which set out that men and women had the right to equal remuneration for equal work. Men were more employed in certain spheres than women, and that had an effect on the remuneration on both sexes. Measures were being carried out to increase child benefits; average wages had also increased. Targeted State support was provided to people with a low income; support included foodstuffs provided in kind, and measures to help people with disabilities purchase necessities.

Strikes were regulated by the Labour Code, and the right to strike required that it needed to be a collective labour dispute. Citizens could exercise their right to strike as long as it did not pose a threat to public law or order, public interest, or the well-being of other individuals. A strike was an extreme measure used if all other constructive means had been exhausted to resolve a labour dispute. Strikes could not be carried out in pursuit of political objectives. August 2020, when citizens disagreed with the outcome of elections, was a political event, and initiatives were organized against the Government. There was a lot of violence, transport was blocked, infrastructure was damaged, so it could not be said that those were peaceful demonstrations. The strike movements had had nothing to do with labour relations or collective bargains. The organizers had not complied with legislation in Belarus when organizing those strikes. Workers were considered to have breached their labour discipline in that context.

Regarding paternity leave, it was provided directly after the birth of the child, to enable fathers to participate in childcare along with mothers. The provision of such leave was mandatory for employers, regardless of their views. In response to questions on religions and ethnicities, the delegation explained that Roma communities had the same rights as other ethnicities in Belarus. Work was being carried out to integrate the Roma in contemporary societies. The Office of the Commissioner for Religious and Ethnic Affairs carried out work to support the Roma culture.

In response to questions about treatment and healthcare, the delegation explained that persons were sent to labour and treatment facilities only upon court order, for reasons such as drug dependency or to facilitate their willingness to give up substance abuse. The purpose was to provide them with medical and social rehabilitation. A systematic component of occupational therapy was included when they were sent to such institutions. Work was one component of the rehabilitation and integration of such persons. Persons who were particularly not adapted to society in terms of their behaviour or lifestyle could have an impact on other citizens, and those factors were taken into consideration; for example, someone with an alcohol dependency in a borderline criminal state could be treated to curtail their destructive social factors. People were thus assisted by being reintegrated into society, which was important for crime prevention.

Follow-up Questions by Committee Experts

A Committee Expert said that the issue of sanctions needed to be discussed in another forum, underscoring that whether under sanctions or not, the State party had an obligation for progressive realisation of the rights under the Covenant. The intention of earlier comments on that topic had not been to deny the effects that the sanctions brought, but the Committee was not in a position to tell Western countries to lift sanctions or not.

Another Committee Expert said it was important for the Committee to hear about situations where sanctions impacted available resources, so that was always possible. In the dialogue, the Committee was checking the compliance of Belarus with the Covenant, not the compliance of other countries. Could the delegation speak to the situation of women in lower-salaried positions; did it also lead to a pension gap in addition to a wage gap? Concerning unemployment benefits, could the delegation explain what happened to people once they exceeded the time limit imposed of 26 weeks?

A Committee Expert said sanctions could only be imposed by the United Nations Security Council, and cautioned that sanctions should never be confused with unilateral restrictive measures. The delegation had drawn attention to the fact that Western States that were not parties to the Covenant applied unilateral restrictive measures against Belarus. Could the delegation give some statistics about the extent to which the unilateral restrictive measures negatively affected the population?

One Committee Expert said sanctions were imposed by various structures, including the European Union and European States as well as the United States, with a view to punishing human rights violations and the instrumentalisation of migrants. They took the form of asset freezes and targeted entities, including propaganda organs. They also targeted politicians and businesses contributing to human rights violations. That was what was being talked about when speaking about the sanctions’ regime. If the issue was raised, it should not be done from a point of view which might suit the State. On the subject of the reintegration of persons though a labour regime, it was difficult to justify its compatibility with modern human rights law.

Responses by the Delegation

The delegation noted that the United Nations Security Council had not made any decisions regarding sanctions against Belarus. The European Union had introduced sanctions to weaken the socio-economic status of Belarusians to encourage them to rebel against the authorities and overturn them. Unilateral coercive measures had a negative impact on the economic and social situation in Belarus. In response to questions regarding access to the labour market by persons with disabilities, there were special measures for them in the labour market, and opportunities for vocational training.

On the subject of medical support, labour was one measure of socio-medical rehabilitation, and the main purpose was to provide medical assistance. It was done in accordance with the law on public healthcare, the law on the provision of psychiatric assistance, and protocols approved by the Ministry of Health, among other regulations. People in such institutions received specialised care, and there were eight labour therapy institutions in Belarus. People who were treated there received both in- and outpatient care. Treatment and diagnostic services were also provided through local public health institutions, free of charge. Citizens in labour treatment facilities did not pay anything for the services they received. According to the law, the provision of all necessary assistance to persons in such facilities was on a purely voluntary and consensual basis. Medicines provided were funded through the State budget.

Questions by Committee Experts

A Committee Expert asked questions around violence against children. Had the State considered addressing the problem of violence against children by adopting a comprehensive law on combatting domestic violence, which would condemn any acts of violence against children? That would send a clear message to society that violence against children was unacceptable. What measures were being taken to address physical and psychological

violence against children?

Turning to the issue of the right to an adequate standard of living, the Expert noted that Belarus lacked a policy on homelessness. How did the State party define “homelessness” within various contexts, including when measuring the extent of homelessness? How was statistical data on the number of homeless people gathered? What criteria and indicators were used for that purpose? What were the main reasons for homelessness in the State party, and what measures was Belarus taking to eliminate those reasons? Had any measures been taken to combat discrimination, stigmatisation and negative stereotyping of homeless people? Was there a programme to prevent, reduce and mitigate the effects of homelessness, which would contribute to the achievement of the Sustainable Development Goals? Turning to the right to water and sanitation in the district named Novaya Borovaya in Minsk, had the incident been investigated by the State? As for the right to health, what was the policy of the State regarding the COVID-19 pandemic, in particular regarding people in detention, people with disabilities, the homeless and HIV-infected persons and children in schools?

The analysis of court statistics as well as examples of drug cases suggested that the vast majority of people sentenced to long terms of imprisonment were drug users, not drug traffickers. Many of them received such draconian sentences as

13 years’ imprisonment or more. Such a disproportionate response in the name of public health ran contrary to article 12 of the Covenant. Had Belarus considered developing legal mechanisms to distinguish between wholesale commercial drugs trafficking and small-scale sales associated with consumption?

The Committee had information that there were many convictions for HIV exposure and HIV transmission in Belarus. Both the exposure and transmission were criminal offences. Had Belarus considered removing that law from its legislation? Persons with disabilities were disproportionately hit by both the COVID-19 pandemic, and the counter measures of the State. According to reports received by the Committee, that was also due to targeted persecution of disability rights defenders. They had been intimidated, detained and stripped of their mandate to represent persons with disabilities. What was the actual situation regarding anti-COVID measures for persons with disabilities?

Responses by the Delegation

The delegation explained that homelessness was not a very relevant topic in Belarus. There were shelters for temporary accommodation for certain categories of citizens. Mobile teams identified people in need of assistance, and invited them to go to the shelters. There were 11 temporary shelters in each district. People stayed up to a year in shelters, which had bedrooms and basic hygiene facilities available. In cases of people without documents, they were assisted in securing a pension, or they were provided with assistance for finding work.

Questions by Committee Experts

A Committee Expert asked about discrimination in education, noting that Roma children faced challenges, including remaining in the educational environment. Could the delegation provide disaggregated data on Roma children at all levels of education, among other statistics? Children with disabilities also faced challenges in the educational system; they were sent to segregated education facilities and there was an almost automatic channelling of such children to special education, with no choice for parents regarding their child’s educational path. Could the delegation share whether amendments of the education code related to persons with disabilities was also accompanied by an action plan, in order to be translated into practice?

How did Belarus intend to address the problem of training teachers and educational specialists to equip them with the competencies to respond to the particularities of teaching pupils and students with disabilities? At the moment, several young students were accused under the Criminal Code of organization and preparation of action that grossly violated public order, or active participation in the same. They were detained and deprived of the right to continue their education. Their institutions had expelled them as they had missed classes for unsubstantial reasons. Could the delegation explain the situation to the Committee? On the subject of cultural organizations, could the delegation explain the procedure that was followed when a cultural organization was banned or dissolved. What were legal, valid grounds for which it could be banned or dissolved?

Responses by the Delegation

In response to the question regarding water shortages, the delegation explained that it had been in relation to the construction of a water reservoir near Minsk, and it was a very short-term one-time interruption, adding that the situation had been corrected. The entire population had access to basic sanitation and hygiene.

The delegation noted that there was a report following a World Health Organization technical mission to Belarus, which said that the country had not allowed for the propagation of the pandemic, due to the measures taken, and had also instituted measures for early detection. Information had been provided in an accessible fashion on the COVID-19 pandemic. The World Health Organization had welcomed the measures adopted by Belarus to fight COVID-19. Since that 2020 report, the situation had further improved.

As it was a transit country, Belarus faced the constant threat of drugs circulating through the country from Eastern and Western European countries, the delegation said. It was a priority in terms of international law to counter the drug threat, and Belarus had implemented stricter rules and measures for monitoring the situation than those foreseen by international conventions. Laws were in place to provide an appropriate response to drug trafficking. The Internet was used as a channel for drug trafficking in Belarus, through the “dark net” and Internet shops had been established for criminal purposes. Only 6 per cent of those found guilty of drug sales admitted to suffering from drug dependency. The maximal punishment for drug users could not exceed five years; the 12 years quoted by the Committee Expert were not in keeping with reality. When people trafficked extremely dangerous drugs, the punishments were much higher, and the maximum foreseen punishment

was 25 years of imprisonment for people who sold drugs leading to the death of the user.

Turning to questions about violence against children, the delegation said that the protection of families and children was enshrined in the Constitution, in the law on marriage and family, and other laws. Violence was prohibited, including corporal punishment and humiliation of children. Belarus had been doing everything it could to prevent violence in organizations, schools and homes. Emergency assistance was provided to children in crisis situations. In all cases of violence against children, they were medically examined and in cases where parents or teachers were involved, the relevant information was immediately transferred to the Ministry of Internal Affairs for action.

Follow-Up Questions by Committee Experts

A Committee Expert asked what the retirement age was for women and men; was it the same or different? This had a big implication on the pension women would get later. Another Committee Expert noted that the delegation had again urged the Committee to adopt a position on sanctions, saying that it was not up to the Committee to adopt a position on the legality of any sanctions. Another Committee Expert underscored that the European Union continued to implement unilateral, unlawful—from the perspective of the United Nations Charter—and harmful measures which had a direct impact on the well-being of the Belarusian population. A Committee Expert reiterated that it was not up to the Committee to take a stance on the legitimacy and lawfulness of the sanctions. Another Committee Expert requested a copy of the World Health Organization report which had been cited by the delegation.

Responses by the Delegation

The delegation explained that the pensionable age in Belarus was 58 years for women and 63 years for men. The lower pensionable age for women did not entail a reduction in their pension compared to men’s pensions. In response to questions on individual protection measures which were necessary for medical personnel, today Belarus was continuing to purchase individual protective equipment, and had organized domestic production of such equipment. To wrap up on the issue of sanctions, the delegation noted that they had offered to discuss it with the Committee, in the framework of comments made by the Committee Experts.

Education in Belarus was one of the highest values of the people. Indicators on school enrolment of children and students in higher education were at the same levels as the most developed countries in Europe; one third of the population was in studies or training. Belarus had full capacity for all children in preschool education, and provided for full-day places, or shorter days of between two and seven hours. The new education code provided for compulsory general secondary education. Education was free of charge at all levels, and school transport was provided, including for children with disabilities. Ninety-five per cent of houses were equipped with broadband Internet, and according to surveys, over 85 per cent of the population between 6 and 72 had Internet access, and the figure grew every year. As for questions about accessibility of education to rural children, both urban and rural areas had primary and secondary schools, and the national budget provided for the centralised provision of equipment. Rural schools in remote areas served only 16 per cent of the total student population, however; Belarus was intending to provide conditions for boarding schools at the secondary level, so rural residents could have better access to secondary schools.

Concerning the education of children with disabilities, there were special teaching materials and textbooks published for them. Almost three quarters of those who needed special education were integrated into the general school system, and it was only 15 per cent of children with disabilities that were placed in special teaching institutions. The delegation explained that according to the relevant code, people who were dismissed from an education establishment or who did not finish their study programme had the right to be reinstated in the educational establishment. They could continue their education without any restrictions in any educational establishment which offered similar or related courses and programmes.

Concluding Remarks

HEISOO SHIN, Committee Vice-Chair and Country Rapporteur for Belarus , thanked the delegation, regretting that the dialogue had had to be held remotely. There seemed to be some discrepancy between the information provided in the State party’s report and during the dialogue, and the information the Committee gathered from other sources. In the adoption of its concluding observations, the Committee made use of the State party report but also many other sources of information as long as they were reliable, including Universal Periodic Review reports, Special Procedures reports, concluding observations from other treaty bodies, United Nations country team and media reports, and victim testimonies, among others. Civil society and non-governmental organization activity was crucial in protecting and promoting human rights. Governments alone could not do the work effectively and efficiently. She expressed sincere hopes that current legislation governing the registration and work of non-governmental organizations would be changed to allow them free activities for promoting economic, social and cultural rights.

YURY AMBRAZEVICH, Permanent Representative of Belarus to the United Nations Office at Geneva and Deputy Head of Delegation , said some members of the Committee had seemed to be under the powerful influence of information contained in the alternative reports and other dubious information sources. The information war against Belarus, or the campaign of defamation run by Western countries since August 2020, could be explained by geopolitical interests those countries had in the region of Belarus. Belarus did have problems, which were known, but so were the efforts which were necessary to resolve them. Belarus would be grateful to the Committee for objective and constructive observations and recommendations. On behalf of the delegation of Belarus, he thanked the members of the Committee for a substantive dialogue, as well as thanking the Secretariat, the interpreters, and the technicians for their professional work providing for the video conference.

MOHAMED EZZELDIN ABDEL-MONEIM, Committee Chairperson, noted that it was true that there had been some repetition among the questions posed by Committee members. All points made by the delegation, and all their answers given, would be given the consideration they merited by the Committee in its elaboration of the concluding observations. The Committee was only guided by the Covenant - the full text and spirit - and its general comments. Paying tribute to a former member of the Committee from Belarus, Sergei Martynov, he noted that he had performed his work in a methodical and accurate manner, as the delegation had done too.

 

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CESCR22.002E