2013 13/11

The UN Human Rights Committee has recognized that Belarusian authorities had violated the rights of the Chairman of Homel Regional organization of Belarusian Left Party “Fair World” Uladzimir Siakerka to peaceful assembly by banning a peaceful protest rally against the abolition of benefits to the entire population of the country. The rally was planned to be held in December 2007 in Homel.

The appropriate UNCHR decision of 28 October 2013 is available online, so far in English.

Vladimir Siakerka appealed to the UN Committee after having found no protection of his rights in the country. Homel Executive Committee forbid him and other 45 activists to held a series of mass actions against the law on the abolition of benefits to the entire population, including children under the age of 3. Local officials demanded democrats to pay for militia, health care and public utilities cervices

The Human Rights Committee said that if the government imposes a restriction on the freedom of peaceful assembly, then it should support the implementation of the law but not seek inappropriate constraints. And since the government of Belarus has decided that only by the prohibition of peaceful assembly it can ensure public order and safety, the protection of morals or health, it violated the applicant’s right to freedom of peaceful assembly under Article 21 of the International Covenant on Civil and Political Rights.

Based on the decision of the UN Committee, the Belarusian government should guarantee “a victim of violation an effective remedy, including a full cost recovery and adequate compensation” and is also required “to prevent similar violations in the future”. Moreover, the Belarusian authorities must “change the national law on mass events and its application so as to ensure the right to freedom of peaceful assembly for everyone”.

Belarusian government must publish its decisions in the official media and execute it within 180 days.

Quoting gomelspring.org
Prepared by Ales LETA
Belarusian Legal Portal

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