OSCE human rights chief expresses concern over proposed restrictions on freedom of assembly in Belarus

WARSAW, 2 August 2011 – Ambassador Janez Lenarčič, the Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), today expressed concern about a proposal by the Belarusian Council of Ministers to introduce further restrictions on the freedom of peaceful assembly.

The proposed amendments, if adopted by parliament, would require official authorization of any planned mass presence of citizens in a public place, organized for the purpose of “action or lack of action” to publicly express social or political views or protests. In contravention to international standards, existing legislation in Belarus already provides for blanket restrictions on peaceful gatherings and practically bans spontaneous demonstrations.

“Freedom of peaceful assembly is one of the fundamental rights, and all OSCE participating States, including Belarus, have committed themselves to respect this freedom. This was confirmed recently in strong terms by the heads of state and government of the OSCE’s participating States at the 2010 Astana Summit,” Lenarčič said.

Serghei Ostaf, a member of ODIHR’s Advisory Panel of Experts on the Freedom of Assembly, stressed that under international law and OSCE commitments, restrictions on the freedom of assembly are only permissible under very narrowly defined circumstances.

Any restriction must not only be prescribed by law, but must also be necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others.

“The proposed introduction of an authorization requirement and blanket restriction on any previously agreed gathering does not appear to meet these criteria, and thus is in contravention of Belarus' international legal obligations,” Ostaf said. 

He added that as a basic and fundamental right, freedom of assembly should, insofar as possible, be enjoyed without regulation, and in general those wishing to assemble should not be required to obtain permission to do so.

Lenarčič expressed hope that the Belarusian authorities would reconsider this initiative and stated that ODIHR is ready to assist Belarus to ensure that its freedom of assembly legislation be brought in line with OSCE commitments.