| For a summary of Belarus’ review at the first cycle please click here. |
22nd UPR session
Date of review: 4 May 2015
Date of report adoption: 13 July 2015
Document number: A/HRC/30/3
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SUMMARY SOGIESC issues during Belarus’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
21. JS4 mentioned that studies showed the occurrence in Belarus of discrimination on various grounds, such as age, gender, religion, ethnicity, sexual orientation, political beliefs, disability, and language. There were no special anti-discrimination mechanisms and in practice there were no effective remedies against discrimination. ERT recommended that Belarus adopt specific and comprehensive equality legislation which should, inter alia, prohibit direct and indirect discrimination and harassment; include positive action to address past disadvantage and include rules governing the transfer of the burden of proof. JS3, GayBelarus and JS4 had similar recommendations and mentioned the need for the inclusion of an open list of prohibited grounds within the legislation
27. JS2 was concerned that lesbian, gay, bisexual and transgender (LGBT) persons faced negative stereotyping and social prejudice and that such attitudes were supported by the authorities at a high level. ERT had similar observations. GayBelarus stated that national legislation lacked any laws protecting LGBT persons from discrimination. GayBelarus and JS3 stated that there were cases were LGBT activists were dismissed from their employment because of their activities.
28. JS3, GayBelarus, JS2 and ERT referred to cases of hate crimes against LGBT persons, particularly against activists for their rights. GayBelarus and JS3 stated that when cases were reported to the police criminal proceedings were not initiated, even when there was clear evidence of a crime; victims often faced humiliation and insults from the police because of their sexual orientation. JS2, GayBelarus and ERT made various recommendations, including on the need for new legislation identifying hate based upon the motive of sexual orientation or gender identity as an aggravating circumstance in criminal and administrative cases and training for law enforcement bodies on working LGBT persons and investigating hate crimes.
Right to life, liberty and security of the person
34. […] Joint submission 2 (JS2) gave details of two cases in which LGBT persons were beaten while in the custody of the police.
Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
62. Eight submissions referred to the legal restrictions on the registration of NGOs. […] JS2 noted the repeated attempts by the organization GayBelarus to register between 2011 and 2013.
65. Front Line Defenders stated that throughout 2011 and 2012 human rights defenders were subjected to repression on an unprecedented scale: arrests, house searches, confiscation of materials, police surveillance and an intense smear campaign in the state owned media became an everyday occurrence. GayBelarus, HRW, JS2, JS5, Front Line Defenders and Freedom Now referred to other cases or the situation of human rights defenders in general.
66. […] JS3 noted that about 120 requests to hold peaceful assemblies in support of the right of LGBT persons had been made since the first UPR, but only one had been approved and held. […]
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
22. In 2014, the Special Rapporteur on the Situation of human rights in Belarus was concerned that there was no anti-discrimination legislation covering persons with disabilities and no single law protecting sexual minorities from discrimination. He noted that homophobic discourse was widespread.
Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
46. […] In 2014, the Special Rapporteur on the Situation of human rights in Belarus made similar observations and detailed a number of cases, including cases of arbitrary arrest and their sentencing for apparently political motives. He recommended the immediate and unconditional release of detained human rights defenders convicted for exercising their civil and political rights and the full rehabilitation of their human rights. He also noted the particular challenges facing lesbian, gay, bisexual and transgender defenders.
IV. References to SOGIESC issues during the Working Group review
60. Lesbian, gay, bisexual, transgender and intersex persons enjoyed equality, including the availability of free sex-change surgery.
94. Belarus stated that it was among world leaders in terms of access to health care and had fully integrated the World Health Organization Health 2020 policy into its national policies. Access was equal for all regardless of age, sex, place of residence, nationality, sexual orientation, religion or social status.
V. Conclusions and/or recommendations
Belarus accepted the following recommendations:
129.26 Enact comprehensive legislation against discrimination to avoid any kind of discrimination on the grounds of religion, sexual orientation and gender identity, language, political conviction or physical or mental disability (Chile).
Belarus noted the following recommendations:
129.24 Adopt specific and comprehensive legislation against direct and indirect discrimination, as well as on harassment based on sexual orientation (Uruguay);
129.28 Ensure that respect for the principal of non-discrimination on the basis of gender includes lesbian, gay, bisexual, transgender and intersex persons and adopt specific anti-discrimination legislation for this group (Spain);
129.81 Protect the right to freedom of assembly and association of human rights defenders, in particular those campaigning against discrimination based on sexual orientation (Canada);
129.73 Urgently abolish article 193-1 of the Criminal Code, which criminalizes activities by non-registered organizations and generally end the pattern of obstruction, harassment and intimidation of civil society organizations promoting and defending human rights, including trade unions, environmental groups, lesbian, gay, bisexual, transgender and intersex groups and human rights groups (Denmark).
VI. Further information
You will find all documents relating to Belarus’s second review at UPR-Info and OHCHR’s websites.