2009 11/09
Kazimir Faryno, Minadukacyi

Kazimir Faryna, Ministry of Education

Parents of Yanka Lapitski received a response from the Ministry of Education to their first appeal of 28.08.2009.

A response dated of 08.09.2009 and received by claimants on 11.09.2009. It contains a rather vague position and evasive formulating. Moreover, probably due to the time of its preparation, it absolutely does not take into account past discriminatory measures on the physical disruption of the classes in the Gymnasium № 1 on the Belarusian-language academic curriculum of Belarusian-speaking student in Zhodzina …

Meanwhile, on 11.09.2009 the situation of closed doors for the Belarusian-speaking student, Yanka Lapitski, in Zhodzina was repeated again.

In the morning Yanka with his mother, Sviatlana Lapitskaya, visited clinic, and then he went to the Gymnasium № 1. Teachers came to the school library, where Yanka stopped because of the fact that his teaching room was again closed. However, teachers came just to give the student homework. This time Yanka did not see the representatives of the administration of Gymnasium № 1. Teachers haven’t organized the full-fledged classes with the student on the territory of educational institution after the ban of English language classes on the order of the Director, Mr. Korshun… (!?)

Thus, after receipt of categorical order of the Director of Gymnasium № 1, Mr. Korshun, on prohibition of the provision of educational services to the Belarusian-speaking student on the territory of Gymnasium № 1, the student in practice is denied in the right to education in his native language for the second day.

It should be noted that in the first response of Zhodzina executive committee of 07.08.2009 it was concluded that “the process of education and training in Gymnasium № 1 is conducted in Russian that is legitimate and justified in accordance with its Statute.” …

“If you disagree with the process of training and education, which is in accordance with the Statute and other legislative acts of given educational institution as well as in accordance with the Article 51 of the Law “On Education in the Republic of Belarus”, you are entitled to … … to choose another educational institution and a form of education for your child,” – noted in the first response of the executive committee before the start of the school year …

So, it looks like that the leadership of local authority in Zhodzina that issued a discriminatory Decision № 928 on the elimination of a full-fledged Belarusian-language courses in the Gymnasium № 1 … believes that the subject of law and a public educational institution on the territory of the Republic of Belarus has the right to have as the main language of instruction only one language, Russian. Belarusian language, in this case, is considered by them as illegitimate one on the territory of a single educational institution … (!?) That, of course, is absurd and totally inappropriate on the merits.

That is why paragraph 1 of Art. 5 of the Law “On Education in the Republic of Belarus” notes that the main languages of instruction in educational institutions of the Republic of Belarus are Belarusian and Russian languages” …

Thus, recalling the Programme of the Ministry of Education “On additional measures on expansion of the Belarusian language in the education system”, authorities are obliged to create conditions for possibility to choose the language of training and education for the citizens in each educational institution, as well as at any educational level (school, lyceum, gymnasium …) in the relevant region, district and city …

Therefore, even if to assume that in the Gymnasium № 1 in Zhodzina as THE ONLY (not the main but the only) language of training and education a Russian language is selected as one of the official language in Belarus. Then, in order to avoid the discrimination together with the Gymnasium № 1 the Gymnasium № 2 should exist in Zhodzina where THE ONLY language of teaching and education would be a Belarusian that is also a state language as well as the language of the main ethnic group in Belarus.

Another situation would show the discriminatory state of Belarusian-speaking citizens in society that is unacceptable in terms of bilingualism.

Everyone understands that any Statute of legal entity as an subject of law on the territory of Belarus can not contain provisions which would be contrary to the sense of the norms of the Constitution of Republic of Belarus, international human rights standards with ICCPR signed by Belarus, article of special laws, in particular, the Law “On education …” … And thus, the official status of the Belarusian language here can not be. What would be the absolute legal nonsense …

In its turn, in the latter response of the Deputy Minister of Education of the Republic of Belarus, Mr. Faryna, we find respectively that “according to information obtained from the Education Department of Minsk Regional executive committee, in order to fulfill the rights of citizens to education the normal conditions for obtaining of high-quality knowledge were organized for Yanka Lapitski in the Gymnasium № 1 in Zhodzina. He was registered to the 8 “A” Class. (Aut.: it is worth to specify that 8 “A” is the Russian language Class).

It is necessary to talk about the rights of Belarusian-speaking citizens (!) as well as about the fact of registration of their son, a Belarusian-speaking student, who also studied for the 7 years in Belarusian language, to a completely Russian-speaking 8 “A” Class with Russian language as a only language of instruction. (!?)

One can only hope that the written response of 08.09.2009 from the Ministry of Education has not yet had time to take into consideration the scandal situation on discrimination and violence formed after several days of “normal”, Belarusian-language education for Yanka Lapitski during the first days of the academic year 2009, when he was still able to study in his room in the Gymnasium № 1.

Indeed, since 09.09.2009, as if on command, the doors of educational rooms of Gymnasium № 1 in Zhodzina were closed for Yanka Lapitski by the administration of this educational institution, which received a new “selective” order from Zhodzina Executive Committee on the eve …

Ales Volny
Belarusian Legal Portal

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