those sharing information and testimony with the United Nations

Cases
Case status
Unknown
Location of case in SG report
2023-016-001
Relevant SG report
Year of the report
2023
Country Geolocation

Latitude: 53.709807

Longitude: 27.953389

Country Geolocation (linked Cases)
Belarus
From Region
UN body that raised the case prior to the SG report
  • UN Special Procedures: Country
  • UN Special Procedures: Thematic
  • UN Special Procedures: UN Special Procedures - General
  • ILO
  • UN (Dep.) High Commissioner on Human Rights
Dates of prior UN action
31 October 2022, 10 November 2022, 2022, 17 March 2023
Type of record
General situation addressed
Gender
Gender unclear
Was the victim a foreign national?
No
Was the victim a minor?
No
Type of rights defended
  • Economic/social rights
  • Unclear in SG Report
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal

sharing information and testimony with the United Nations

Engagement with UN body
  • ILO
  • Unclear
Type of attempted engagement
  • Submission of information to UN
Dates of mentioned reprisals
2022
Location of mentioned reprisals
Belarus
Reprisal information
  1. In a context of continuing crackdown on dissenting voices, the International Labour Organization (ILO), through its Governing Body, as well as the United Nations High Commissioner for Human Rights and special procedures mandate holders addressed intimidation and reprisals against those sharing information and testimony with the United Nations. They addressed the arbitrary application of restrictive legislation, the absence of domestic remedies and accountability, and the denial of access to United Nations human rights investigators to the country, all of which negatively impact the ability and willingness of civil society to cooperate with the Organization.
  2. On 17 March 2023, the High Commissioner for Human Rights14 noted that by February 2023 the authorities had shut down 797 NGOs, while 432 others had closed to avoid potential prosecution. Referring to the systematic repression against perceived critics of the Government and the near-total destruction of civic space and fundamental freedoms, the High Commissioner noted that the scale of human rights violations is likely to be under-reported due to fear of reprisals and denial of access of United Nations human rights monitors to the country.
  3. In her 2022 report to the General Assembly, the Special Rapporteur on the situation of human rights in Belarus noted that many of those who spoke to her were reluctant to reveal their current location and requested measures to protect their privacy or anonymity, for fear that publishing their testimonies could expose them, their relatives or colleagues still living in Belarus to reprisals. She noted that the crackdown of an unprecedented scale on civil society and human rights defenders in Belarus, including for their public reporting and in reprisal for their cooperation with the United Nations, has forced members of civil society into exile. The Special Rapporteur further noted that the ones who remain in the country
Types of reprisals suffered
  • Administrative reprisal
  • Unclear
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
Yes
Government response dates
20 July 2023
Government response content
  1. On 20 July 2023, the Government responded to the note verbale sent in connection to the present report noting that trade unions can be formed, their representatives can carry out their legal activities and citizens can enjoy the right to join trade unions. The Government rejected as groundless the allegations that trade unions and citizens are persecuted for carrying out trade union activities or for the peaceful and legal exercise of civil rights, including cooperation with the United Nations. The Government stated that the Belarusian Congress of Democratic Trade Unions (BCDTU) and its affiliated organizations were terminated in accordance with the decision of the Supreme Court based on part 2 of article 5 of the Law “On Trade Unions.” It also noted that, Mr. Aliaksandr Yarashuk, former chairperson of BCDTU was found guilty of participation in group actions that grossly violate public order and are associated with disobedience and causing harm to national security under part 1 of article 342 and part 3 of article 361 of the Criminal Code. The Government clarified that the appeal of 24 March 2023 confirmed the sentence of 26 December 2022 against Mr. Aliaksandr Yarashuk.
Was the case raised by a State at the UN?
No
Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
Yes