trade union leaders

Cases
Case status
Unknown
Location of case in SG report
2023-018-001
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
Dates of prior UN action
10 November 2022
Type of record
Unnamed individual/group/organization
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

trade unions

Type of rights defended
  • Economic/social rights
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Engagement with UN body
  • ILO
Type of attempted engagement
  • Submission of information to UN
Dates of mentioned reprisals
2022
Location of mentioned reprisals
Belarus
Reprisal information
  1. On 10 November 2022, special procedures mandate holders addressed allegations of arbitrary arrest of trade union leaders on 19 April 2022 and their lengthy pre-trial detention, including of Mr. Aliaksandr Yarashuk (BLR 6/2022). Expressing concern about the reported lack of effective avenues for justice, mandate holders noted that many trade union activists left the country because of fear of persecution. Union members reported various forms of harassment and intimidation, including prosecution, interrogations, and surveillance (BLR 6/2022). According to information received by OHCHR, on 26 December 2022, Mr. Yarashuk was convicted to four years of imprisonment under articles 342 (disruption of public order) and 361 (harm to national security) of the Criminal Code. On 24 March 2023, Mr. Yarashuk started serving his sentence in Prison Colony No.17.
Types of reprisals suffered
  • Charge/Investigation/Prosecution: Charge/Investigation/Prosecution - General
  • Detention/Imprisonment: Detention/Imprisonment - General
  • Surveillance
  • Threats/Intimidations (incl. "fear of reprisal")
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