2016 28/01

As the author to the Belarusian deputies Ales Dzerhachou notes, “The constitutional right of Belarusians to defend their rights through international organizations such as the UN Human Rights Committee, will remain only “the postal service”.

According to article 61 of the Constitution of the Republic of Belarus, every citizen has the right, in accordance with international legal instruments ratified by the country, to appeal to international organizations to protect their rights and freedoms, if all available domestic remedies have been exhausted.

However, in Belarus there is no rule of law that would guarantee the implementation of provisions, recommendations or decisions of international organizations on the appeals of the citizens of Belarus. They are simply ignored by the authorities. In particular, it refers to the conclusions and recommendations of the UN Committee on Human Rights.

On this occasion, a human rights activist Ales Dzerhachou from Smarhon appealed to the House of Representatives of the National Assembly of the Republic of Belarus. In his statement he noted that in the absence of a mechanism for implementing the verdicts of international organizations, Article 61 of the Constitution guarantees citizens only the fact of the “postal service” – delivery of applications to these organizations.

 

Therefore, the human rights activist put a reasonable question:

Do the House of Representatives plan to adopt the law that would provide the implementation of acts of international organizations to respond the citizens of the Republic of Belarus in accordance with Article 61 of the Constitution?

 

On January 26, 2016 Ales Derhachou received a reply №23-07/37 signed by the chairman of the Permanent Commission for International Affairs Vitaly Busko. It is reported that the Commission in cooperation with concerned government bodies have considered his appeal. However, it isn’t reported what exactly an opinion have these bodies express.*

Finally, Vitaly Busko reported:

“The development of a law regulating the procedure for implementing solutions (other acts) of international organizations in which the citizens of the Republic of Belarus can protect their rights and freedoms if all available domestic remedies are exhausted is not scheduled in the plan of preparation of draft laws for 2016, approved by Presidential Decree on 31 December 2015 №530″.

So it comes from the answer that neither the president nor the legislature is going to provide a real opportunity for citizens to protect their rights through international organizations.

So, in fact, the right under Article 61 of the Constitution, as before, will remain just a “mail service” for citizens of the state – for the delivery of applications to these organizations.**

P.S.

* – None of the decision of the UN Committee on Human Rights were properly performed by the Belarusian authorities in practice.

** – Moreover, the Belarusian Foreign Ministry earlier expressed its official position on the unreliability of such decisions in Belarus, despite the fact that our country is a full member and signatory of International Covenant on Civil and Political Rights (ICCPR) and the its Optional Protocol.

ATTACHMENTS:

• Appeal of Aliaksandr Dzerhachou to HRNA of the  Republic of Belarus (file, docx)

• Answer №23-07/37 of the Chairman of the Permanent Commission for International Affairs of the Republic of Belarus, Vitaly Busko

 

Quoting harodniaspring.org

And mailout for BLP from regions

Prepared by Ales LETA

Belarusian Legal Portal

www.prava-by.info

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