Submitted by crinadmin on
Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order. _________________________________________ Trafficking of women and girls for the purpose of sexual exploitation UN Committee on the Rights of the Child (Concluding Observations, January 2011) While it welcomes the programme on "Countering Human Trafficking, Illegal Migration and Unlawful Deeds Related Therewith 2008-2010", the Committee is concerned that the State party remains a country of origin, transit and destination for women and child victims of trafficking, specifically for sexual exploitation. The Committee recommends that the State party continue its efforts to combat sexual exploitation and human trafficking, particularly of children. It recommends that all child victims be provided with adequate protection and specialized assistance for speedy recovery and reintegration in their communities. (Paragraphs 69 & 70) UN Committee on the Elimination of Discrimination against Women (Concluding Observations, February 2011) While noting that the State party gives high priority to combating trafficking in human beings, in particular women and children, the Committee remains concerned about the reported lack of preventive measures to address the root causes of trafficking, including its close link to prostitution and sexual exploitation of women and girls, the lack of assistance, rehabilitation, protection and temporary shelters, especially for victims of trafficking who are unable or unwilling to cooperate with the prosecution authorities, and the lack of funding for and cooperation with NGOs providing assistance and temporary shelter to victims of trafficking. The Committee recommends that the State party: (a) Expedite its efforts with a view to adopting the draft Law on Countering Human Trafficking; (b) Take preventive measures that address the root causes of trafficking in women and girls, in particular its close link to prostitution, sexual exploitation and domestic violence, including through social rehabilitation and reintegration programmes and inform the Committee thereof in its next report; (c) Provide adequate assistance and protection to all victims of human trafficking, as well as temporary residence permits to victims from third countries, irrespective of their capacity or willingness to cooperate in the legal proceedings against traffickers; (d) Increase the number of State-run temporary shelters for victims of trafficking and enhance the responsiveness of territorial centres to their needs; and (e) Strengthen its cooperation with and funding for NGOs providing temporary shelter and rehabilitation and reintegration services to victims of trafficking.The Committee is gravely concerned about the mass arrests of protestors, including many women, during demonstrations following the Presidential elections in December 2010, and about reports concerning inhuman and degrading treatment of women activists during detention. It is particularly concerned about the situation of Irina Khalip, Natalia Radzina, both journalists of independent media outlets, and Anastasia Palazhanko, deputy chairperson of the youth organisation "Young Front", who are detained at the KGB pre-trial detention centre in Minsk on charges of organising riots (article 293 of the Criminal Code), reportedly without confidential access to a lawyer and adequate medical treatment. The Committee urges the State party to: (a) Ensure that complaints submitted by women about arbitrary arrests and detention, as well as cruel, inhuman or degrading treatment, in connection with the Presidential elections on 19 December 2010 are promptly and effectively investigated, that public officials responsible for such acts are prosecuted and adequately punished, and that the victims obtain adequate compensation for any violations of their rights; (b) Ensure that Irina Khalip, Natalia Radzina and Anastasia Polazhanko have access to an independent medical doctor; have adequate time and facilities to prepare their defence and to communicate privately with counsel of their own choosing; and that they are tried within a reasonable time in a fair and public trial by an independent and impartial tribunal, in accordance with international human rights standards, or released; and (c) Refrain from interfering with Irina Khalip's right to privacy and family, by ensuring that the custody for her three-year old son remains with the child's grandparents pending her or her husband's release and that she may have regular contact with her son and other family members during her deprivation of liberty. (Paragraph 21-26) UN Committee on the Elimination of Racial Discrimination (Concluding Observations, August 2004) While the Committee acknowledges the awareness-raising efforts made by the State party, it notes with concern that Belarus is a country of transit for the trafficking of women and girls for the purpose of sexual exploitation. The Committee recommends to the State party that it reinforce ongoing efforts to prevent and combat trafficking and provide support and assistance to victims, wherever possible in their own language. (Paragraph 9) UN Special Rapporteur on trafficking in persons, especially women and children Country visit: 18-24 May 2009 The Special Rapporteur received information that Belarus is a source and transit country for trafficking in persons to a number of countries in various regions of the world, and has recently started to become a destination country. (Paragraph 12) For information on domestic violence, see paragraph 24; for information on access to justice see paragraphs 30, 39; paragraph 45 relates to information on prevention; paragraph 57 relates to the risk of criminalising victims. Read the report: http://www.crin.org/resources/infodetail.asp?ID=24986 Universal Periodic Review (May 2010) A - 26. Continue its good practices such as compensation for victims of human trafficking and the establishment of institutions such as the international training centre on human trafficking and migration (Bhutan); pursue and intensify its initiatives in the area of fighting against human trafficking, a form of modern slavery (Algeria); continue to implement its comprehensive programme to combat human trafficking and to encourage all cooperation with the relevant international organisations in this respect (Azerbaijan); follow up on its initiatives in the fight against the trafficking in persons, especially women and children (Egypt); conduct an evaluation on its anti-trafficking programmes to further strengthen them where appropriate and share its lessons learned in this area (Singapore) - accepted by Belarus A - 27. Combine national and international efforts to combat human trafficking (Palestine); continue efforts and share best practices on combating human trafficking both nationally and internationally by closely cooperating with concerned parties (Kazakhstan); continue its policy of combating trafficking in persons, especially women and children, at the national and international levels, and provide assistance to victims of trafficking through shelter assistance, rehabilitation and compensation for the victims (Armenia); share its best practices in the area of combating trafficking in women and children with other countries in contemporary situation (Bangladesh); continue its efforts to combat human trafficking at the national and international levels through, inter alia, coordination and cooperation with interested Governments and international organizations (Islamic Republic of Iran); continue consolidating national and international efforts in order to effectively combat the trafficking in human beings (Tajikistan) – accepted by Belarus ------------------------------------------------------ Belarus does not have a specialised justice system for children UN Committee on the Rights of the Child (Concluding Observations, January 2011) [...]While noting the draft Presidential Decree on the concept of juvenile justice, it is concerned that the State party still has not undertaken to set up a comprehensive system for juvenile justice. The Committee is further concerned at the long sentences of deprivation of liberty imposed on juvenile offenders, the high level of recidivism and the absence of after-release programmes. The Committee urges the State party to ensure that international juvenile justice standards are fully implemented, in particular articles 37(b), 39 and 40 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) and United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules). The Committee urges the State party to take into account the Committee's general comment No. 10 (2007) on the Administration of Juvenile Justice (CRC/C/GC/10). In particular, the Committee urges the State party to: Set up a comprehensive system for juvenile justice, including the establishment of juvenile courts and the appointment of trained juvenile judges in all regions of the State party; Take a holistic approach to addressing the problem of juvenile crime (e.g. addressing underlying social factors) advocated in the Convention, using more alternative measures to detention such as mediation, probation, counselling, community service or suspended sentences, wherever possible; Ensure that the deprivation of liberty is the last resort measure, for serious offence and for the shortest period of time possible; Implement after-release programmes for reintegration in order to facilitate reintegration in society and prevent recidivism; and Consider seeking technical assistance in the area of juvenile justice from UNICEF and the United Nations Interagency Panel on Juvenile Justice. (Paragraphs 71 & 72) UN Special Rapporteur for Belarus Visit request declined in 2004. Report published January 2006 The regime of pretrial detention for minors is the same as for adults, which has worse consequences for them than for adults on account of their vulnerability. (Paragraph 21) UN Working Group on Arbitrary Detention Country visit: 16-26 August 2004 The age of penal responsibility is established at 14 years and penal majority at 18 years. Minors suspected of having committed an offence can be detained in police custody for 72 hours in the same way as adult offenders. They can also be held in pre-trial detention for 10 days before charges are brought, and detained, for the needs of the pre-trial investigation, for up to a maximum of 18 months. (Paragraph 28) The prison system is not under the authority of the Minister of Justice but of the Interior, which is involved in the investigation of most cases. This means that those who hold prisoners are not completely separated from those who have an interest in the investigation. The Working Group was under the impression that harsh conditions of pre-trial detention are imposed so as to facilitate the outcome of the investigation, and that the task of those in charge is to actively support the achievement of this goal. (Paragraph 50) Judges themselves told the Working Group that there are many flaws in the legislation which do not take into account the special nature of minors. Children are kept in the same pre-trial detention centres (SIZOs) as adults and their detention is submitted to the same regime. The harsh conditions, however, lead to worse consequences for minors because of their vulnerability. When minors are convicted, though conditions have improved, limitations on visits continue to apply. (Paragraphs 69 and 70) Recommendations The Working Group encouraged the government to move forward in the establishment of a new juvenile criminal system in conformity with the Convention on the Rights of the Child to which Belarus is a party. They concluded that in any case, children should not be held in institutions such as SIZO and in quarters with adults. The Working Group also stated that in case of detention, children should, at all stages of their detention, have more open contacts with the outside world, family and friends. (Paragraph 85) Universal Periodic Review (May 2010) A - 32. Consider establishing and improving the juvenile justice system (Kazakhstan) – accepted by Belarus A - 29. With regard to the pre-trial detention regime, put in place appropriate measures that would allow for separation of detainees on the basis of gender and age (Malaysia) – accepted -------------------------------------------------------------- Lack of freedom of expression and association UN Committee on the Rights of the Child (Concluding Observations, January 2011) While noting the entry into force in 2009 of the Act on the bases of State youth policy, providing an additional guarantee of young people's freedom of association, the Committee is concerned that the right of the child to freedom of expression, including to receive information, and to freedom of association and peaceful assembly are not guaranteed in law and in practice. The Committee is further concerned about the detention of adolescents during the demonstrations taking place in the context of the presidential elections in December 2010. The Committee recommends that the State party take all necessary measures to ensure guarantees for the full implementation of the rights to freedom of expression, freedom of association and peaceful assembly and access to appropriate information, in accordance with articles 13, 15 and 17 of the Convention. (Paragraphs 35 & 36) UN Special Rapporteur for Belarus Visit request declined in 2004. Report published January 2006 Educational contents infringe article 13 of the International Covenant on Economic, Social and Cultural Rights, according to which the right to education implies that education should be directed to the full development of the human personality and the sense of its dignity, and strengthen the respect for human rights and fundamental freedoms. Instead, the Belarusian regime developed an official State ideology, essentially based on Soviet nostalgia and President Lukashenka's personality cult. Compulsory courses on State ideology were also integrated in the curricula of universities and colleges. In May 2005, the Ministry of Education issued a circular "On Measures of Non-Admittance of any Involvement of Pupils and Students in Unlawful Political Activities", which includes expulsion from educational institutions. (Paragraph 65) -------------------------------------------------------------- Discrimination against Roma children UN Committee on the Rights of the Child (Concluding Observations, January 2011) The Committee welcomes the adoption of the 2008-2010 National Plan of Action on gender equality. The Committee, however, remains concerned at the extent of gender-based discrimination in the State party and at the absence of legislation specifically prohibiting discrimination on the basis of sex. The Committee is also concerned at harassment of Roma children, and that they experience discrimination in relation to access to health care, education and social services. The Committee urges the State party to strengthen efforts to combat discrimination, including sexist and racist attitudes and behaviour. It further recommends that the State party place high priority on preventing and eradicating discrimination against children, particularly Roma children, inter alia, through the education system and the media. The Committee also draws the State Party's attention to the outcome document adopted at the 2009 Durban Review Conference. (Paragraphs 27 & 28) UN Special Rapporteur for Belarus Visit request declined in 2004. Report published January 2006 The Roma minority (around 70,000 people) is discriminated against. Roma children have serious barriers to enrolling in school. As a result, 50 per cent of the Roma population is illiterate, 85 per cent did not complete secondary education, and 98 per cent of Roma are unemployed. There are neither schools nor newspapers in Romani. According to the lawyer Nicolas Kalinin, there is no official acknowledgement of this situation. (Paragraph 77) Universal Periodic Review (May 2010) 98. P - 14. Take appropriate measures against discrimination against persons belonging to ethnic minorities, in particular measures against harassment by police, and allow equal access to education for all persons belonging to minorities (Austria); strengthen its effort to combat and prevent discrimination faced by the Roma and ensure their full participation in the creation of mechanisms and adoption of measures to this end (Finland) – pending -------------------------------------------------------------- Children's health continues to suffer from the effects of Chernobyl UN Committee on the Rights of the Child (Concluding Observations, January 2011) While noting that the State party has made significant rehabilitation efforts in the areas affected by the Chernobyl disaster, the Committee reiterates its concern regarding the persisting negative consequences of the Chernobyl disaster on the health of children, in particular at the incidence of thyroid cancer among children in affected areas, related to iodine deficiency. The Committee reiterates its recommendation that the State party continue to improve the specialised health care provided to children affected by the Chernobyl disaster, and strengthen its efforts at early detection and prevention of diseases related to nuclear contamination. (Paragraphs 57 & 58) UN Committee on Economic, Social and Cultural Rights (Concluding Observations, December 1996) The Committee expresses concern that some 600,000 children still live in the zone affected by the accident at the Chernobyl nuclear power station. (Paragraph 15) -------------------------------------------------------------- Persistence of corporal punishment in a number of spheres UN Committee on the Rights of the Child (Concluding Observations, January 2011) While noting that corporal punishment is unlawful as a sentence for a crime, and that it has been prohibited in the regulations of education establishments, the Committee, nevertheless, remains concerned that corporal punishment is lawful in the home, not explicitly prohibited in institutions, including in the penal system and alternative care settings, and that it is widely accepted in the society. The Committee reiterates its recommendation (CRC/C/15/Add.180, para. 40(d)) that the State party prohibit all forms of corporal punishment at home, in schools and other institutions and develop measures to raise awareness on the harmful effects of corporal punishment, and promote alternative forms of discipline in families, in institutions and in the penal system, to be administered in a manner consistent with the child's dignity and in conformity with the Convention. In this regard, the Committee draws the State party's attention to its general comment No. 8 (CRC/C/GC/8) on corporal punishment. (Paragraphs 39 & 40) Universal Periodic Review (May 2010) P - 24. Forbid corporal punishment of children and take order in that matter (Brazil) – pending -------------------------------------------------------------------------- The high number of children without parental care and the lack of support for parents in child-rearing to prevent separation The Committee is concerned that economic hardship and alcohol abuse are among key factors that have lead to a high incidence of family breakdown, neglect, abuse and deprivation of parental care. It is further concerned at the high number of children separated from their biological families and the inefficiency of measures to enhance parents' capacities for the performance of their child-rearing responsibilities, prevent separation and encourage family reintegration. Moreover, the Committee is concerned that the separation of a child from his or her parents against their will pursuant to Presidential Decree No. 18 may not always be done in the child's best interests. In accordance with articles 9 and 18 of the Convention, the Committee recommends that the State party strengthen measures to provide support services to parents and legal guardians in order to enhance their capacities for the performance of their child-rearing responsibilities, recognizing the family unit as the natural environment for the growth and well-being of children. Moreover, Presidential Decree No. 18 should be transformed into a law, which should establish all the necessary safeguards to ensure that children are not separated from their parents except when such separation is necessary for the best interests of the child. The Committee recommends that the State party consider ratifying the Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations, the Convention on the Law Applicable to Maintenance Obligations, and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children. While noting the closure of several residential care institutions accompanied by progress towards expanding the system of family-type care and increasing the number of national adoptions, the Committee is concerned that a large number of children remain in residential care. The Committee recommends that the State party increase its efforts to ensure that children in need of alternative care are placed in family-type care rather than in institutions, and that they are returned to the family whenever possible. It further recommends that the State party ensure a comprehensive periodic review mechanism for children placed in alternative care, in light of article 25 of the Convention and the Guidelines for the Alternative Care of Children adopted by the General Assembly. (Paragraphs 42 – 46) UN Committee on the Elimination of Discrimination against Women (Concluding Observations, February 2011) The Committee notes that Presidential Decree No. 18 of 24 November 2006 authorising the removal of children from dysfunctional families and requiring parents to reimburse the State for its child care expenditures may re-victimise women with children living in abusive partnerships. It also notes the lack of information on the economic situation of women following divorce. The Committee recommends that the State party: (a) Apply alternative solutions to removing children from their mothers, whenever the dysfunction of a family results from the socially irresponsible behaviour of the father, and support rather than penalise women with children living in abusive relationships; and (b) In view of the high divorce rate, undertake research on the economic consequences of divorce on both spouses, as well as on gender-based economic disparities between spouses, and include information on the outcome of such research in its next periodic report. (Paragraphs 43 and 44) Universal Periodic Review (May 2010) A - 33. Continue its efforts to reduce the number of children without parental care, including by advancing the ongoing initiatives to address this issue (Cuba) – accepted A - 34. Strengthen the status of women, protect motherhood and provide support to the family, which is the nucleus of society (Libyan Arab Jamahiriya); continue its positive efforts aimed at raising the status of women in the society, protecting maternity and supporting the family (Democratic People's Republic of Korea); (unsure) - accepted A - 35. Continue to address the needs of children, including providing them with a family environment, and fulfil other rights to the maximum of ability (Bangladesh) - accepted ----------------------------------------------------------------- The high incidence of sexually transmitted infections, HIV, and the high rate of abortions UN Committee on the Rights of the Child (Concluding Observations, January 2011) The Committee is concerned at the high incidence of sexually transmitted infections, the high level of abortions by adolescent girls and at the smoking, excessive alcohol consumption and drug use which have become serious health risk factors for adolescents. The Committee is also concerned at the particular vulnerability of adolescents to the HIV epidemic. The Committee is further concerned that youth-friendly medical counselling and HIV testing is not equally available to all children and in the entire territory of the State party. The Committee recommends that the State party develop and adopt a national strategy on the improvement of adolescent health, with particular emphasis on sexually transmitted infections, prevention of unwanted pregnancies, smoking and substance abuse and on the promotion of healthy lifestyles. It further recommends that the State party promote and widen the comprehensive HIV information-education campaign, as well as youth-friendly HIV-testing and counselling. (Paragraphs 59 & 60) UN Committee on the Elimination of Discrimination against Women (Concluding Observations, February 2011) While noting the reduction of the abortion rate, the Committee reiterates its concern about the continuing use of abortion as the main method of birth control, the limited use of contraceptives and the growing spread of sexually transmitted diseases, including HIV/AIDS, among women and girls, in particular women sex workers. It also notes with concern that education on sexual and reproductive health and rights is not included in the regular school curricula and that the quality of sexual and reproductive health services reportedly remains poor, especially in rural areas. In line with its previous concluding observations (CEDAW/C/BLR/CO/4-6, para. 356) and its general recommendation No. 24, the Committee calls on the State party: (a) To raise awareness, through special counselling services and the media, about the impact of abortion on women's physical and psychological health as well as its ethical implications and its exceptional nature; (b) To integrate education on sexual and reproductive health and rights in the regular school curricula; (c) To ensure that all women, including women with disabilities, women living with HIV/AIDS and migrant and refugee women, as well as girls have free and adequate access to contraceptives and sexual and reproductive health services, including in rural areas, and to information in accessible formats; and (d) To integrate a gender perspective in its national HIV/AIDS policies and programmes. (Paragraphs 35 and 36)
Please note this is a work in progress. Send comments to [email protected]
Report published: April 2010
Report published: 25 November 2004