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CIVIL SOCIETY: SPRING SHOCKS UNABLE TO REVERSE PAST TRENDS
Yuri Chausov
Summary
In 2017, the trend of abandoning confrontation continued in the sphere of legal regulation and building mechanisms of cooperation between the state and nonprofit organizations (NPOs). But the increased protest activity at the beginning of 2017 in connection with the socio-economic policy of the authorities the restrictive and repressive practices returned. The contradictory nature of these two trends manifested itself in their mutual deterrence. On the one hand, against the background of repressions, expectations of friendly relations between the state and civil society decreased, although the previously launched dialogue platforms continued their work. On the other hand, the dialogue between the state and the civil society, taking into account the warming of relations between the official Minsk and Western capitals, had a limited impact on the scale and extent of repression, as well as on their long-term use.
Trends:
• Return of the authorities to the most severe repressive practices against protest groups;
• Continuation and expansion of interaction between civil society and the state;
• The growth of the registration of public associations;
• The development of crowd funding and volunteering.
Repressive reaction of the authorities to the protests of winter—spring 2017
From February to March 2017, a wave of protests against decree No. 3 On prevention of social dependency swept across Belarus. During the suppression of protest activity, the authorities returned to the rigid practices of repression: detentions and arrests of activists (including preventive), search and seizure in the offices of npos, warnings to institutions concerning their participation in the protests, criminal charges in case of preparation of mass riots.
At the peak of the protests, the authorities returned to the practice of mass arrests of participants of unauthorized actions and participants of permitted rallies. During 2017, according to the Viasna human rights center, 1,280 cases of politically
motivated administrative prosecution were recorded (in 2016 there were 61 cases) and 311 cases of administrative arrest (a hundred times more than in 2016). The peak of repression occurred on 25 March, when in Minsk the traditional demonstration dedicated to Freedom Day was organized, which was brutally broken up, about 700 people were detained 149 of them were brought to administrative responsibility, and the Ministry of Justice issued warnings for holding unauthorized actions to three organizations (BPF, the United Civil Party, the movement For Freedom). During this and other spring actions, 96 arrests of journalists were recorded according to BAJ, 10 of which ended with administrative arrests.
The authorities have returned to the practice of searches and seizures in the offices of NPOs. More than 50 journalists and human rights defenders were detained in the office of Viasna center. Searches were also carried out in the premises of the organization 'Institute of Mathematics and Cybernetics', independent TV channel Belsat, NPOs in Orsa, Baranavicy, Sluck, etc., as well as in the houses of activists.
The practice of politically motivated criminal cases based on the participation of citizens in non-governmental associations was renewed. On 21—24 March, 32 citizens were detained on suspicion of committing a crime under part 3 of article 293 of the Criminal code (training or other preparation of persons for participation in mass riots, as well as financing or other material support of such activities). In the future, 16 detainees were charged with additional charges under art. 287 of the Criminal code (establishment of an illegal armed formation) and the charges of preparing mass riots were lifted. Some of the detainees were previously activists of the Association White Legion, which announced the termination of its activities in 2005, also among those arrested were members of opposition groups Young Front, the BPF and sports club Patriot associated with the authorities. The arrests were accompanied by a propaganda whipping up hysteria in state-run media that spread 'materials unmasking the perpetrators' provided by the intelligence services till the end of the investigation, presenting the protests as part of a conspiracy the aim of which was to overthrow the government. In November, the charges against all the defendants were lifted and the case was dismissed.
At the end of the active phase of the spring protests, the repressive activities of the authorities continued during the summer and autumn, gradually fading. By the end of the year, arrests once again became a rare form of sanction for participating in rallies.
In August, the Department of Financial Investigations of the State Control Committee opened a criminal case against the Chairman of the independent trade union of Electronic Industry Workers (EIW) Gennady Fedynich and his Deputy Igor Komlik under article 243 of the Criminal code (tax evasion). They were accused of opening accounts on behalf of the union in foreign banks, where the funds arrived. This trade union was an active participant and organizer of protests against decree No. 3. As part of the criminal case, searches and seizures of representatives of the media were carried out in the offices of the EIW and the Belarusian independent trade unions (miners, chemists and other workers), as well as in the apartments of union members. Human rights organizations announced that they regard these criminal cases as politically motivated.
These cases of political repression and restrictions on the activities of NPOs indicate a deterioration of the legal climate for civil society structures in 2017 compared to the period of 2014-2016.
Registration of NPOs
As of 1 January 2018, there are 2,856 public associations in Belarus, including 223 international, 762 republican and 1871 local ones. 195 funds (16 international, 7 national and 172 local) are registered in the country. In 2017, 150 new public associations (6 international, 27 republican and 117 local) were registered by the judicial authorities, which is the highest indicator since 2004, as well as 22 new funds (1 republican and 21 local)1.
«О результатах работы органов юстиции по государственной регистрации общественных объединений, фондов и других некоммерческих организаций в 2017 году.» Министерство юстиции Республики Беларусь. 21 Feb. web. 14 Mar. 2018. <https://minjust.gov. by/press/news/about_results_of_work_of_bodies_of_justice_for_state_ registration_of_public_associations_foundations/?sphrase_id=1366>.
In the areas of activity, the stable dominance of sports and sports organizations continues, compromising one third of all new organizations.
In 2017, the justice bodies refused to register public associations 'Moladz' Adradzennia', 'Haysy', 'Dzeja', 'Zhanochaya setka 'Mara', 'Ekograd', 'Gender Partnership', 'Social-Christian Movement', funds 'Green network', 'Makeout', etc.
In May 2017, from the sixth attempt, the authorities registered the Association 'Tell the Truth'. The organization was founded in 2010 as a political campaign actively participating in elections and political processes. In recent years, it has consistently advocated dialogue with the authorities to promote reforms and the interests of public groups, positioning itself as constructive opposition. The organization submitted applications for registration of its local offices in all regions of Belarus and in Minsk, and some had been registered before the end of 2017.
Given the difficulties in registering public associations and foundations, the institution remains the main form to obtain the status of an officially registered legal entity for non-profit initiatives.
Change in legislation
The law On public associations was last amended in November 2013. However, a number of bills announced by the government may lead to changes in the legal regulation of NPOs in the near future.
On 28 February 2017, presidential decree No. 2 approved a new version of the Regulation on liquidation (termination) of economic entities approved by presidential decree No. 1 of 16 January 2009. It came into force in September 2017 and became an occasion to solve the problem of unjustified liquidation of NPOs registered in the form of institutions, because of their failure to carry out business activities. The Ministry of Taxes and Duties instructed the district tax inspectorates to stop unjustified liquidation of NPOs.
On 3 February 2017, the Code on Culture came into force, giving to creative unions the additional right to carry out certain
types of entrepreneurial activity, fixing the concepts of 'sponsor of culture' and 'patron of culture'.
A draft Decree providing changes in sponsorship2 was prepared. The Ministry of Economy held a meeting with the participation of state bodies and NPos to finalize the draft Decree for the development of charitable activities in Belarus.
The Ministry of Economy and the National Bank held consultations on the possibilities of legal regulation of crowd-funding, which were held with the participation of the most authoritative crowdfunding online platforms of Belarus, as well as NPos and the academic sector. In late 2017, the state held discussions with interested NPos on the draft Decree regulating the procedure for obtaining and using foreign aid. The legislation on the participation of NPOs in social services continues to be improved.
The government submitted the draft amendments to the law On mass events to the Parliament. Along with the introduction of elements of the announcement of mass events, the project provides for the introduction of administrative liability under article 23.34 of the Code of administrative offences for legal entities (including NPOs) in the form of a large fine for violation of the procedure of mass events.
Elements of public dialogue
In 2017, the state continued its policy of openness to the dialogue with NPOs on legislative and public policy changes. However, in the process of dialogue, there are still shortcomings: the involvement of a limited number of organizations in the consultations, the formal nature of the dialogue without taking into account the real position of the public, a small number of effective platforms for dialogue, the lack of access to information by NPOs and to draft developed regulatory legal acts, an extremely short period for the preparation of comments and proposals to the draft laws,
Website of Lawtrend, Center of Legal Transformation. Web 14. Mar. 2018. <http://www.lawtrend.org/freedom-of-association/obshhestvennoe-obsuzhdenie-proekta-ukaza-predusmatrivayushhego-korrektirovku-ukaza-prezidenta-respubliki-belarus-ot-1-iyulya-2005-g-300-o-predost-avlenii-i-ispolzovanii-bezvozmezdnoj-sponsorskoj-pomos>.
the lack of the system of generalization of the views expressed by the state during the public discussion and feedback on them.
In public discussions of projects of building and placement of new productions, state bodies prefer carrying out explanatory work on justification of expediency of the decisions to reckoning with the public opinion.
In 2017, the plan for the implementation of the recommendations of the UN3 Human Rights Council was still not finalized and no implementation mechanisms were acquired. On 12 December 2017, the MFA and the UN Office in Belarus organized expert-level consultations on the implementation of the plan which were more of an introductory nature.
The adoption of long-term plans and programs by the state becomes one of the main mechanisms for the dialogue for NPOs: the action program of the state bodies established in the plans becomes at least an agenda for dialogue, and in some cases — a means of ensuring coordinated or joint action. Among these plans, in addition to human rights are: the National action Plan for gender equality in the Republic of Belarus for 2017—2020, the National Plan of action for implementation in the Republic of Belarus of the Convention on the rights of persons with disabilities for 2017—2025, the National Plan of action for improving the situation of children and protection of their rights for 2017-2021.
These plans provide for the participation of NPOs in a passive way. The public can respond to the proposals of the authorities, take part in events at the invitation of state bodies, but most often this participation is occasional and fragmentary. The practice of non-publicity of measures for the implementation of plans, reports on their fulfillment closed from the public, which raises doubts about the effectiveness of such plans, is alarming.
NPOs continued to participate in bilateral communication platforms within the framework of the Belarus-Europe-Belarus-US dialogue on human rights. At the same time, it is necessary to note the gradual increase in the openness of the Belarusian
«Постановление Совета Министров Республики Беларусь от 24.10.2016 №860.» Совет Министров Республики Беларусь. 24 Oct. 2016. Web 14. Mar. 2018. <http://www.government.by/ru/solutions/2661>.
authorities and the EU in contacts with civil society. Meetings of the EU-Belarus Coordination group and the Dialogue on human rights are held with partial participation of representatives of Belarusian civil society4.
In October 2017, representatives of the Ministry of Foreign Affairs of Belarus took part in the annual Assembly of the Eastern Partnership Civil Society Forum for the first time. Some NPOs are actively involved in the activities of the Belarusian authorities to achieve the UN sustainable development goals.
In April 2017, for the first time in 20 years, Belarus submitted to the UN human rights Committee a report on Belarus' compliance with the international Covenant on Civil and Political Rights. The country thus liquidated long-standing arrears in the provision of periodic reports to the Committee.
By resolution No. 574, the government approved the National Program of International Technical Assistance by 2020, which is a list of priorities for the solution of which Belarus expects to raise funds from international organizations: harmonious human development, improvement of the institutional environment and the formation of the favorable business environment, environmental sustainability and security, the greening of production and consumption, mitigation and adaptation to climate change, regional development, etc. The draft National Program was published in advance and NPOs had an opportunity to comment on its content, some proposals of NPOs were taken into account.
The draft amendments to the law On normative legal acts in the Republic of Belarus are currently being prepared for adoption by the Parliament. They stipulate that draft legislative acts and government decrees concerning the rights, freedoms and duties of citizens are subject to public discussion.
Conclusion
Most likely, two contradictory trends (tough repressions against manifestations of protest activity combined with building of
See Мельянцов, Денис. «Координационная группа "Беларусь-ЕС": как это было.» Наше мнение. 22 Dec. 2017. Web 14. Mar. 2018. < http:// nmnby.eu/news/analytics/6509.html>.
institutional mechanisms of interaction of the civil society and the state) and the effect of their mutual containment are stable in the mid-term and they will continue to determine the public landscape and the atmosphere of the dialogue in the Belarusian society. Given the certain stabilization of the economic situation and the absence of electoral campaigns in the next two years that could give rise to mass protests, the trend of the dialogue will prevail at this time. Among other things, we should expect the adoption of regulations providing for minor improvements in the legal status of NPOs, while the state will be open to discussion of the position of civil society both in the process of developing these acts and in other areas interesting for the society.
