Statement 111 - Australian Permanent Mission and Consulate-General

Australian Permanent Mission and Consulate-General

Geneva, Switzerland

Address: Chemin des Fins 2, Case Postale 102, 1211 Geneva 19 - Telephone: 022 799 9100 - Fax: 022 799 9178

8th Session of the Human Rights Council Universal Periodic Review

Belarus

Australia welcomes the delegation from Belarus and appreciates its engagement in the Universal Periodic Review Process.

We welcome the Government’s decision to introduce a plan for gender equality for 2008-2010, and to adopt two sequential State Programs on Countering Human Trafficking and a number of legal instruments to protect children in conflict with the law. These are positive steps which demonstrate a willingness to change.

Australia, however, remains concerned about some aspects of human rights in Belarus. In particular, the treatment and judicial processes to which persons detained are subject do not provide adequate mechanisms to guard against abuse and unfair trials. The death penalty continues to be administered in secrecy with prisoners under sentence of death allowed no contact with relatives and with little chance of a successful appeal.

We note that although Belarus is a party to the Convention Against Torture, the crime of torture is not included in its Criminal Code. Reports of torture and ill-treatment continue. Complaints of torture cannot be dealt with effectively in the absence of procedural guidelines to deal with and substantiate such complaints.

We note with concern restrictions on the right to freedom of assembly and expression. The establishment of non-governmental organisations, religious bodies and media outlets is impeded by an over-regulated system of Government registration. There are reports that registration for particular organisations is routinely declined for administrative reasons.

Australia recommends Belarus:

1. Make amendments to the Criminal Code to define torture as required by the Convention against Torture and sign the Optional Protocol to the UN Convention against Torture;

2. Abolish the death penalty or, if not, establish a moratorium – consistent with Australia’s support for its universal abolition;

3. Ensure freedom of expression and assembly in conformity to obligations under the International Covenant on Civil and Political Rights.