2010 07/02
Igar Piatryshenka

Igar Piatryshenka

Homel member of the For Freedom movement Uladzimer Katsora addressed the state bodies with the requirement of the fulfillment of the UN Human Rights Committee decision concerned the reactivation of the Civil Initiatives public association.

One of the appeals was directed to the Ministry of Foreign Affairs which is directly responsible for the actions of the Republic of Belarus within the terms of international agreements, works in the field of international legal environment, and creates the image of the Republic in the sphere of international affairs and interstate partnership.

It seemed that diplomacy and international ethics, which is the language of international intercourse, are to be understood by the officials of this Ministry as all the contacts of the subjects of international law are based on agreements. Moreover, the fulfillment of the legal duties proves the high teaming status and reliability of the state. No one is eager to interact with unpredictable subjects that don’t fulfill the agreements and don’t respect international bodies that are to control the fulfillment of international agreements.

However it is obvious that Ministry of Foreign Affairs of Belarus also follows ideological relevancy when making decisions.

Not everything that is fixed in international agreements especially if it is concerned with civil rights and freedoms is appropriate to the present political regime as it doesn’t work effectively on today’s actual aims. The main priority here is the guaranteed stability of unlimited being in power instead of the main law of the state and international agreements.

In the latest reply of the Ministry of Foreign Affairs of Belarus deputy minister Igar Piatryshenka stated that the principle of fulfillment in good faith of obligations under international treaties (”pacta sunt servanda”) doesn’t work for Belarus ( which is a member country of International Covenant on Civil and Political Rights (ICCPR)) when the matter concerns the decisions of the UN Human Rights Committee. He believes that the obligations fixed in the Covenant and the optional protocol to it are not the obligations to fulfill the decisions of the empowered by these agreements international body. The decisions of the Committee concerned the establishment of facts of Belarus abusing dispositions of ICCPR and corresponding human rights according to individual appeals are interpreted by the Ministry administration as non-obligatory for fulfilment “opinion of expert group” only.

Here the official point of view underlines that the administration of the state and the Ministry of Foreign Affairs take the decisions of the UN Human Rights Committee only as recommendations to the country on the implementation of the dispositions of international agreements in the sphere of human rights.

However it is unclear how such interpretations of the administration of the Ministry of Foreign Affairs correspond to the obligations of the country to fulfill these norms. It is also remains strange whether it is possible to fulfill the disposition of the agreement while the fact of the abuse of this norm by the member country of ICCPR fixed by the UN Human Rights Committee is announced by the administration of the country as non-obligatory for acknowledgement and improvement.

According to this it is necessary to make the administration of the country the Ministry of Foreign Affairs pay attention to the UN Human Rights Committee General Comment №33 which is aimed at regulation of such clashes and explains the obligation of the decisions of the UN Human Rights Committee for the member countries of ICCPR and the Optional Protocol to it.

Non-recognition of the obligation of the decisions of the UN Human Rights Committee by a member country is equivalent to non-recognition of the facts of abuse of dispositions of the international agreements (ICCPR and the Optional Protocol to it) and to the abuse of the principle of fulfillment in good faith of obligations under these conventional rules.

In this case any political will or intentions of the state administration to fulfill international agreement in the sphere of human rights are out of the question.

On the base of the fact of such statements of the Ministry of Foreign Affairs the foreign partners and the UN institutions can make not so positive conclusions concerned the image of the country.

The reply of deputy minister of the Ministry of Foreign Affairs of Belarus Igar Piatrashenka (in Russian) .

The UN Human Rights Committee General Comment №33 (*.pdf, in Russian)

**- the UN Human Rights Committee General Comment №33 (94th session, October 13-31, 2008) fixes The obligations of the member countries of the Optional protocol to the International Covenant on Civil and Political Rights (ICCPR)

Aliaksej Lapitski, Zhodzina

Belarusian Legal Portal

by.prava-by.info

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