Mikhail Pastukhou: Pahonia And White-Red-White Flag Remain State Symbols Of Belarus

Five theses, why the “referendum” of 1995 is illegal.

Ex-judge of the Constitutional Court of Belarus, Doctor of Law, Professor Mikhail Pastukhou has assessed the 1995 referendum for Charter97.org.

The ex-judge of the Constitutional Court of Belarus presents five theses, why the Lukashenka “referendum” is illegal:

– I believe that this “referendum” was appointed illegally and significant violations of the law were committed during its holding.

1. The “referendum” raised issues that are not to be considered through a public vote. The issues related to the identity of the Belarusian people, national symbols.

2. The “referendum” was appointed with gross violations. As we know, the BPF deputies opposed the decision, went on a hunger strike. But at night from April 11 to April 12, with the use of force, they were expelled from the hall of the Supreme Council meeting, which violates legislation on the status of deputies. After the use of an act of violence, the decision on the referendum was put on the vote again, which is an unconditional violation.

3. It should be noted that the “referendum” was appointed within the last six months of the Supreme Council’s work, which is contrary to the Constitution. Another feature: the “referendum” was appointed simultaneously with the date of elections to the Supreme Council of the 13th convocation. This can also be considered a violation of electoral legislation, which also hindered the expression of voters' opinions.

4. Voting on the “referendum” was effective in all electoral districts, while the elections of deputies to the Supreme Council of the 13th convocation failed at most polling stations.

It turns out that 95% of voters, as the CEC says, came to the polling stations, voted on the issues of the “referendum”, but forgot to vote for candidates. It also indicates the precariousness of the voting results.

5. It should be borne in mind that the Supreme Soviet did not approve the results of the “referendum”, since the authorities prevented its further work.

Findings.

All these factors suggest that the vote was held under duress, most likely with serious fraud. There is evidence (for the most part – from the BPF observers) that, especially in rural areas, there were violations of the law, stuffing.

The “referendum” of 1995 and its outcome cannot be recognized as legitimate. This means that the symbols that acted according to the laws of 1991, remains legal and legitimate, which is also true about the status of the Belarusian language,” – ex-judge of the Constitutional Court of Belarus Mikhail Pastukhou concluded.

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