UN Committee Supports Homel Activists

The Belarusian authorities have violated the rights of 12 activists to freedom of peaceful assembly and expression of opinion.

The UN Human Rights Committee has acknowledged that the rights of 12 activists of the United Civil Party (UCP) from Homel to hold peaceful meetings and express their views have been violated by the Belarusian authorities. The corresponding decision in the case of Zinaida Shumilina and others (No.2142 / 2012) was taken at the last 120th session of the HRC, held in Geneva in July this year, Homelskaya Viasna informs.

The activists complained to the UN Human Rights Committee after they had failed to get their rights protected within the country. After they did it, the Homel City Executive Committee officials ordered them to pay for the services of the police, public utilities and ambulance. In addition, pickets were planned to be held in the center of the city, but the local authorities were sending all those wishing to protest to the only place in the city – the so-called open ground next to the House of Culture Vipra.

The UN Human Rights Committee recalls that "when a state imposes a restriction on the freedom of peaceful assembly, then it has to facilitate the exercise of the right, and not to look for unnecessary or inappropriate restrictions. And since the Government of Belarus considers that it can achieve public order and security only by prohibiting peaceful assemblies, it violates the applicants' right to freedom of peaceful assembly and, as a consequence, to express their views under Articles 19 and 21 of the International Covenant on Civil and Political Rights."

The UN Human Rights Committee also notes that "the actual ban on holding peaceful assemblies in public places of Homel, except for one remoted site, unduly restricts the right to freedom of assembly and freedom of expression." He also criticizes and says it’s an "excessive weight" in this context to conclude contracts on services with the police, medical and communal services.

Based on the decision, the Government of Belarus has to provide victims of violations with an "effective juridical protection, including full coverage of expenses and adequate compensation," and is also required to "prevent similar violations in the future." In addition, the Belarusian authorities have to "change the local decision of the Homel City Executive Committee and the National Law on Mass Events, as well as the practice of their application in such a way as to ensure to everyone the right to freedom of peaceful assembly."

The government of Belarus has to publish the decision in the Russian and Belarusian languages in the official media and execute it within 180 days.