COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF BELARUS

The Committee on the Elimination of Racial Discrimination has considered the report of Belarus on its implementation of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.

Presenting the report was Vladimir Malevich, the Deputy Permanent Representative of Belarus to the United Nations Office at Geneva, who said the peace that existed between the various ethnic, religious and cultural groups in Belarus was an expression of the country’s commitment to uphold its obligations under the Convention. There were more than 20 legislative instruments that regulated social life and equality and rights and freedoms and any statement leading to racism was banned by law.

In the course of the discussion, which was held over two meetings, the issues of racial and ethnic hatred on the Internet and mass media, anti-Semitism and extremist activities, national minorities and the Roma in particular, and human trafficking, were raised among other subjects.

In preliminary remarks, the country Rapporteur for the report, Committee Expert Tang Chengyuan, echoed the Committee’s impression that the report was very well presented and prepared. He said information was sought, however, on the situation of the Roma and on the Coordinating Council for Ethnic Community Affairs and its functions, which Committee Members had expressed considerable interest in.

The Committee will present its final recommendations on the fifteenth to seventeenth periodic reports of Belarus, which were presented in one document, at the end of its session which concludes on 20 August.

The delegation of Belarus also included representatives of the Committee on Religions and Nationalities of the Council of Ministers, the Ministry of Foreign Affairs and the Permanent Mission of Belarus to the United Nations Office at Geneva.

When the Committee reconvenes at 3 p.m. this afternoon, it will begin its consideration of the report of Mauritania (CERD/C/421/Add.1).

Report of Belarus

The report of Belarus, which includes the fifteenth to seventeenth periodic reports contained in one document CERD/C/431/Add.9, indicates that according to a 1999 census, 81 per cent of the inhabitants of Belarus considered themselves to be Belarusians, the principal ethnic group. The remaining 19 per cent of the population is made up of 140 nationalities, including among others Russians, Poles, Ukrainians, Jews and Roma. A number of basic indicators show that living conditions of the vast majority of representatives of ethnic minorities are at the same, if not superior to those of Belarusians.

In Belarus, the report states, aggressive extremist nationalist movements have not managed to acquire any real influence over fellow citizens and are today on the periphery of political life. Moreover, there is no significant conflict of any kind between ethnic groups or religions in Belarus. According to the results of a sociological survey of all ethnic groups carried out in 1997, only 4.5 per cent of those surveyed said they had experienced discrimination of one kind or another, and only 1.5 per cent reported discrimination on ethnic grounds. There are, however, isolated cases of anti-Semitism; for example, on occasion anti-Semitic manifestations have been published in certain periodical publications, and there have been incidents of vandalism at cemeteries or offensive graffiti on buildings. In the period since the preparation of the last report, and up to March 2003, the law enforcement agencies of Belarus investigated and sent to court two criminal cases involving incitement to racial, ethnic or religious hostility. In 2000, one person was convicted and given a suspended sentence.

Foreign nationals and stateless persons in Belarus enjoy the same rights and freedoms and fulfil the same obligations as citizens of Belarus except in cases where it is necessary to protect the rights and fundamental freedoms of the citizens of Belarus, to ensure State security or to protect public order and the health of the population. Persons belonging to ethnic minorities are able to take part in the political process through passive and active participation in elections. Moreover, Belarusian legislation does not restrict the rights of foreign nationals to enter and remain in the country on grounds of their racial, ethnic or religious affiliation or other similar factors. The right of refugees in Belarus to social protection, including social security, is guaranteed by Belarusian legislation. The report also states that disabled persons and family victims of the Chernobyl disaster were compensated for the loss of the income that they had before the disability or loss of the breadwinner.

Presentation of Report

VLADIMIR MALEVICH, Deputy Permanent Representative of Belarus to the United Nations Office at Geneva, said the peace that existed between the various ethnic, religious and cultural groups in Belarus was an expression of the country’s commitment to uphold its obligation to the International Convention on the Elimination of all Forms of Racial Discrimination. The State of Belarus was a multi-ethnic State including a vast array of nationalities many of whom had migrated to the country in the 1920s. There were no significant clashes in Belarus on the basis of ethnic, religious or cultural background. Moreover, there were economic and social guarantees for all citizens of Belarus and foreigners and citizens of foreign origin were equal before the law, Mr. Malevich affirmed.

Mr. Malevich referred to a questionnaire sent out in January 2003 to ethnic target groups which found that there was no discrimination based on linguistic differences and that the overwhelming majority of citizens did not take ethnicity into account in their daily lives. Over 40 per cent of overall marriages in Belarus were inter-racial and State policy in general was to guarantee social stability and equality.

The State had ratified several international treaties and instruments aimed for equality for all, the head of delegation noted. There were more than 20 legislative instruments that regulated social life and equality and rights and freedoms and any statement leading to racism was banned by law. Moreover, the Constitution stated that everybody had the right to use their mother tongue, guaranteed the right for all to education and stated that all religions and creeds were equal before the law. Among the legislative acts in force supporting equality were the Marriage and Family Code, the Labour Code, the Criminal Code and the Civil Code.

The Government of Belarus had passed a law on the prohibition of the use of the media to incite racial and other types of discrimination. In that connection, he drew attention to the closure in 1999 of the newspaper Slavyanskaya Gazeta for having published articles containing an incitement to ethnic and religious discord and hostility.
Other legislative measures had been enacted to promote anti-discrimination measures and others which focused on the issues of deportation, detention and torture. Moreover, the Criminal Code called for serious punishments for offences related to discrimination of any kind and as a step to protect the rights and freedoms of victims of racial discrimination they were entitled to ask for compensation for material damages.

All religions and creeds were equal before the law, Mr. Malevich noted. During the 1990s there was a considerable increase in the number of Belarusians who said they were devout religious followers; in 1989, 22 per cent said they were religious followers and in 1998, 37.5 per cent. Moreover, in 1989 there were some 800 religious societies in Belarus and in 2002, over 2,200.

At present there were 122 social organizations registered in Belarus comprising of 24 national minorities. The State’s policy was to proclaim and promote national cultures; one measure taken in this regard was the publishing of books to promote national ethnicities represented in its territory.

The head of the delegation noted that in 1998 a coordination council was set up, including leaders from national associations and State’s bodies, to defend the rights of citizens belonging to national minorities.

Mr. Malevich recalled that there had been cases of vandalism in both Jewish and other cemeteries expressing that the problem was not entirely limited to anti-Semitic behaviour but rather a problem involving the education of young people. The State party had taken measures to prevent extremist behaviour.

The State of Belarus had been cooperating with international organizations to form a system to make sure the Convention was well known to the public and the subject of human rights was introduced into school curriculum with a particular focus on racial discrimination.

In conclusion, Mr. Malevich noted that there was a draft resolution sponsored by Belarus that was presented to the United Nations General Assembly based on combating racial discrimination. The draft resolution, which addressed measures to be taken against political platforms based on doctrines of superiority, racial discrimination, and xenophobia, including neo-nazism, was currently before the Third Committee of the General Assembly on Human Rights.


Discussion

TANG CHENGYUAN, the Committee Expert serving as Country Rapporteur to the report, drew attention to the measures taken by the Government of Belarus in conformity with the Convention. The Constitution of Belarus, promulgated in 1994, was amended in November 1996, with an emphasis on equality before the law and equal protection of individual rights and freedoms. Among the legislative measures taken were the Citizenship Act of 1991, the Freedom of Conscience and Religious Organizations Act, the Act on National Minorities, and the Labour Code.

Concerning the attitude of the Government to some manifestations of racial discrimination, the Rapporteur noted the banning of the newspaper Slavyanskaya Gazeta for publishing articles inciting racial and ethnic hatred. Also noteworthy was the investigation of 30 young people for their attacks against refugees from Asian and African countries studying at the Vitebsk Medical University and their beatings of foreign students of Indian, Nepalese and Lebanese origins. Some of these members were indicted and sentenced to various terms of imprisonment.

The Rapporteur referred to a case involving restricting the employment rights of the Roma and to information received that one quarter of Belarusians considered the ethnic affiliation and religion of a political candidate as significant. According to Human Rights Watch World Report of 2003, Belarusian authorities continued to persecute non-Orthodox groups and last August, with the support of the police, new buildings of Autocephalous Orthodox Church were dismantled in a village in Grodno Province. The Rapporteur asked for additional information with regard to these issues.

According to a report of Anti-Racism Information Service, Mr. Tang noted, Roma people were discriminated against. Their children were not able to attend good schools and they were discriminated against in employment. More information was sought on this issue.

Mr. Tang referred to the mention in the report of possible causes of racial discrimination, among them political, historical, economic, social and cultural factors, as well as the increase in the number of refugees and migrant workers since the disintegration of the former Soviet Union. However there were isolated cases of anti-Semitism, and according to a non-governmental organization, most of these activities originated from the Russian Orthodox Church.

The country Rapporteur expressed his appreciation for the efforts taken by the State party concerning human rights training courses which were underway at the State University of Belarus. Mr. Tang expressed the need to include such education at the primary and secondary school levels. Given the information yielded from the survey carried out in 1997, racial prejudice did influence some citizens and, although, not constituting the main trend, racial discrimination had gained some ground in Belarus which warranted due attention, he said.

Based on information received, an Expert said the unemployment rate of Roma living in Belarus was reported to be approximately 95 per cent. He asked what measures had been taken to improve the situation of the Roma in general. In response, the delegation noted that Roma were afforded the same rights as those of the citizens of Belarus. Moreover, all people of foreign origin and national minorities in Belarus had the right to participate in political life and to be elected to State offices and were also able to participate in decision-making when it concerned their own rights. Statistics demonstrated that only one quarter of the citizens indicated that nationality had any significance when they decided upon political candidates. A Coordinating Council for Ethnic Community Affairs had been set up to promote the rights of Belarusian citizens of various ethnic groups and its members represented several ministries in government. In addition, the law on national minorities provided for the possibility of creating on the local level consultative bodies with representatives of national minorities.
Concerning national minorities in the labour force, the delegation said national minorities had equal rights to citizens of Belarus. The Government had set up programmes to provide active measures to promote active employment including job opportunities for vulnerable groups in society.

On the questions pertaining to skinheads, the delegation drew attention to the fact that the investigation which resulted in reaction to the cases cited determined that these skinheads acted in an unorganised way and did not have a leader which demonstrated that the skinhead movement was not an organized movement in Belarus. Rather, these cases were spontaneous and isolated. Nevertheless, the authorities attached very serious attention to this matter. There had not been any further acts of this type in Belarus.

While noting the increased criminal investigations of cases related to anti-Semitic acts of violence and racial discrimination in general, Committee Experts requested additional information on the matter. In response the delegation said there were some 28,000 Jewish people (0.3 per cent) living in Belarus who enjoyed the same rights and freedoms as all Belarusian citizens. Several public Jewish associations had been registered in Belarus as well.

Committee Experts requested information on the February 2004 incident where Belarusian authorities in Minsk shut down and liquidated the property of the International Humanitarian Institute, which included a department on Jewish history. In response, the delegation said the Ministry of Education had taken a decision to close the Institution since it had committed a violation of the law regulating the work and activity of higher education institutions. There was no discrimination with regard to this institution, the delegation noted. The process of renewal of leases for religious buildings was a frequent activity and no preference was given to one religion or another.

In response to a question on vandalism at cemeteries, the delegation said the matter was very sensitive and had affected a number of cemeteries in Belarus. In 2002-2003 there were acts of vandalism in some 160 cases of this kind of which only five cases were determined to be of an anti-Semitic nature; subsequently, 23 persons had been identified and 19 cases sent to courts. The Government had been taking steps to prevent such acts of vandalism and similar actions.

The delegation recalled the ceremony, which took place in July 2004 marking the 60th anniversary of Belarus’ liberation from Fascism, which was attended by several representatives from Israel. At the event, a memorial was inaugurated listing the names of some 1,900 Jewish victims of the holocaust.

Concerning languages, the delegation noted that national minorities often did not speak the State language and in that case newspapers in other languages were published and specialized language schools existed. Furthermore, there were special courses in schools which enabled those of other nationalities to learn the official Belarusian language.

The delegation responded to another question posed by referring to the national programme for developing education on human rights which was set up and which provided literature and specialized human rights training. As per this programme, the Government had collected documents on protecting people who belonged to national minorities and which were distributed to various institutions in society. Concerning the training of law enforcement officials, the education system had a mandatory subject for all such personnel to ensure they were informed of the rights which were applied to all people living in Belarus.


Concerning refugees, Belarus had encountered very acute problems of forced immigration over the past 10 years and had begun a procedure for recognizing these problems, the delegation said. At present there were some 3,000 refugees living in Belarus. Moreover, in May 2001 the State acceded to the Convention on Refugees of 1951 and had since adopted new legislation related to rights of refugees. Several measures had been taken to protect the rights of refugees and the Government had been cooperating with the United Nations High Commissioner for Refugees and non-governmental organizations to work towards the successful integration of refugees in Belarus. In general, foreign nationals and stateless persons in Belarus were equal before the law irrespective of their origin, race, ethnicity, gender, language or religion.

As for illegal immigrants, according to data by the State, there were some 2,300 foreigners who had been detained for attempting to enter Belarusian territory illegally. On this matter, the State was cooperating with United Nations agencies, the delegation noted.

In connection with human trafficking, an Expert asked what was being done to improve the situation of women and girls who were forced into prostitution. The delegation said measures had been taken to ensure that such activities were punished, as well as child prostitution. Efforts were also taken to ensure that the victims were re-integrated into society. A number of seminars had been conducted in both Belarus and in Ukraine to deal with this dilemma.

Several Committee Experts wished to know what measures had been taken to address the problem of Internet-based racial and related discrimination and the incitement of racial hatred, in particular Neo-Nazi propaganda on the Internet, urging people to set fire to synagogues. The delegation said Belarus was cooperating with other countries to prevent the use of the Internet for harmful uses and had been active at the World Summit on Information Society held last December, in particular on the harmful uses of the Internet.

On a question concerning women, the delegation noted that there were programmes to improve the situation of women in society, in particular in the labour markets. The equality of women and men was a priority in the State’s policy. Over the last ten years the number of women employed had increased. As of today, the proportion of women in ministries was over 50 per cent and a national plan of action had been enacted to guarantee the equality of women and men.

Preliminary Remarks

TANG CHENGYUAN, the Committee Expert serving as Country Rapporteur, echoed the Committee’s impression that the report was very well presented and prepared. During the dialogue, however, the Committee requested information which had not been provided, in particular on the issue of Roma. Therefore, the Committee asked that the delegation provide clear answers on this subject, especially with regard to how many Roma there were in Belarus and how they participated in pubic life in Belarus. More information was also sought on the Coordinating Council for Ethnic Community Affairs and its functions, which Committee Members had expressed considerable interest in.

In closing, Mr. Tang thanked the members of the delegation for their diligent efforts and hoped to extend the constructive dialogue.