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2008 Assessment

Belarus: Integrity Indicators Scorecard

Belarus: Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	67
2	Are good governance/anti-corruption CSOs able to operate freely?	42
3	Are civil society activists safe when working on corruption issues?	100
4	Can citizens organize into trade unions?	50

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments: Civil society organizations (CSOs) can be founded by Republic of Belarus citizens who are 18 years of age and older. For youth associations and unions, the minimum age is 16 years old and the group should include at least ten individuals or legal entities (Article 8 of The Law on Public Associations).

An important step in the founding process is the general meeting/conference of the founders.

For creating a local or republican CSO, there must be at least 10 founders (Articles 2, 8). The state cannot interfere in their activities (Article 6).

The aims of the public association should be clearly stated in the organization's charter (Article 8).

The CSO is considered as existing only upon its registration as a legal entity with the state (Article 47 of the Civil Code of the Republic of Belarus, as of July 1, 1999).

CSOs with goals related to a violent change of the constitutional system, undermining the security of the state, or inciting social, racial, national, religious hatred are prohibited (Article 8).

References: The Law on Public Associations, #3254-XII (1994, amended in 2005)

Civil Code

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments: International technical assistance can be provided only by donors -- officially registered international organizations or foreign countries.

Technical assistance can be used only for purposes defined in the legislation -- supporting economic and social reform, ecology, liquidation of the consequences of the Chernobyl nuclear accident, or infrastructure development.

Foreign funding for CSOs is recognized by law. But if the foreign funding is in the form of a grant, it mist be registered with the Department of Humanitarian Activities of the Presidential Administration of the Republic of Belarus.

Technical assistance cannot be approved if it is aimed at criticizing or overthrowing the current political or economic situation in Belarus.

References: Presidential Edict #460 on International Technical Assistance Provided to the Republic of Belarus (Oct. 22, 2003)

Presidential Edict #382 on Amendments and Additions to Presidential Edict #460 on Oct. 22, 2003 (Aug. 17, 2005)

Decree of the President of the Republic of Belarus #411 on Receiving and Use of Foreign Grants (Nov. 28, 2003)

Resolution of the Council of Ministries #1027 on Measures for Realization of the Presidential Edict #382 on Aug. 17, 2005 (Sept. 15, 2005)

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments: Technical assistance must be declared and receive governmental approval (Department of Humanitarian Assistance in the Presidential Administration, Council of Ministries).

References: Presidential Edict #460 on International Technical Assistance Provided to the Republic of Belarus (Oct. 22, 2003)

Presidential Edict #382 on Amendments and Additions to Presidential Edict #460 on Oct. 22, 2003 (Aug. 17, 2005)

Resolution of the Council of Ministries #1027 on Measures for Realization of the Presidential Edict #382 on Aug. 17, 2005 (Sept. 15, 2005)

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments: Legislation on technical assistance is very strict, so legal possibilities of accepting international donors' assistance are rather minimal. Meanwhile, local business is also banned from providing any sources of income for CSOs. All projects, researchers and organizations which dare to criticize the current situation in Belarus (including state corruption) meet governmental interference and so these projects are not realistic to approve.

References: Interview with Jaroslav Romanchuk, executive head of the United Civil Party and head of the Mises Center in Belarus (Minsk, Aug. 15, 2008).

Interview with Dr. Igor Pelipas, head of IPM Research Center (Minsk, Aug. 16, 2008).

Rakova E., Case Studies for Selected TA Projects: The Case of Belarus, WP D27 for the EU ENEPO Project (2008): [ LINK ]

Elena Tonkacheva, Liquidation of NGOs in Belarus: A Means of Maintaining Power (2006): [ LINK ]

Information from the Ministry of Economy on Technical Assistance to Belarus in 2007: [ LINK ]

Peer Review Comments: All projects, research groups and organizations (regardless of their critical nature) undergo government censorship. If they are found to be critical of the incumbent government, they are unlikely to receive the government's endorsement, although, in legal terms, it is possible.

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments: Opposition parties and CSOs are outside the political process in Belarus. All branches of power are mainly appointed and regulated by President A. Lukashenko. For the last 10 years, there have been no opposition representatives in the Belarussian Parliament (on Sept. 28, 2008, there were new parliamentary elections).

References: Interview with Jaroslav Romanchuk, executive head of the United Civil Party and head of the Mises Center in Belarus (Minsk, Aug. 15, 2008).

Interview with Dr. Igor Pelipas, head of IPM Research Center (Minsk, Aug. 16, 2008).

Peer Review Comments: Opposition parties and NGOs (including GONGOs; that is, government NGOs) operate outside of the decision-making process in Belarus. All branches of power (legislative and executive) are controlled by the president. No opposition representative was elected to a new parliament during the Sept. 2008 elections.

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. YES is a positive score. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: More than 100 CSOs have been shut down in recent years, so organizations are very careful now about following all governmental regulations. In principle, there is no CSO now studying governmental corruption, due to the prerogative of the government and state control organizations.

References: Interview with Jaroslav Romanchuk, executive head of the United Civil Party and head of the Mises Center in Belarus (Minsk, Aug. 15, 2008).

Interview with Dr. Igor Pelipas, head of IPM Research Center (Minsk, Aug. 16, 2008).

Elena Tonkacheva, Liquidation of NGOs in Belarus: A Means of Maintaining Power (2006): [ LINK ]

USAID Report: The NGO Sustainability Index 2006 for Belarus: [ LINK ]

International League for Human Rights, Belarus: [ LINK ]

Human Rights Overview, Belarus: [ LINK ]

Belarus: Lukashenko threatens NGO shut down (2007): [ LINK ]

Civil Society Under Increasing Pressure in Belarus (2004): [ LINK ]

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: No one was arrested and imprisoned for anti-corruption activity. However, many people were in prison for political activity (elections, human rights, etc.).

References: Interview with Dr. Vitaliy Silizki, head of the Belarussian Institute for Strategic Studies (Minsk, Aug. 21, 2008).

Interview with Jaroslav Romanchuk, executive head of the United Civil Party and head of the Mises Center in Belarus (Minsk, Aug. 15, 2008).

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. Some activists from CSOs and members of the opposition were assaulted for their political activity. But it is clear politics (meetings and demonstrations without govermental permission), like enterprenurs agains new tax policy, opposition meetings, etc. It is not about corruption.

References: Interview with Dr. Vitaliy Silizki, head of the Belarussian Institute for Strategic Studies (Minsk, Aug. 21, 2008).

Interview with Jaroslav Romanchuk, executive head of the United Civil Party and head of the Mises Center in Belarus (Minsk, Aug. 15, 2008).

Peer Review Comments: Given the broad definition of corruption as abuse of power and the fact that some CSO activists have been imprisoned for protesting government policies, including elections, you may want to reconsider this.

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: There were no documented cases of CSO activists being killed because of their work covering corruption during the study period.

References: Interview with Dr. Vitaliy Silizki, head of the Belarussian Institute for Strategic Studies (Minsk, Aug. 21, 2008).

Interview with Jaroslav Romanchuk, executive head of the United Civil Party and head of the Mises Center in Belarus (Minsk, Aug. 15, 2008).

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments: Citizens have a right to organize into trade unions (Article 2).

Belarus ratified International Labor Organization (ILO) Convention No. 87, which recognizes the right of workers freely to form or join trade unions.

References: The Law on Professional Unions (Trade Unions) (1992, 2000)

Labor Code

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments: Currently, few independent trade unions operate in Belarus.

Independent trade unions are under threat in Belarus. The only remaining independent trade union federation, the Belarussian Congress of Democratic Trade Unions (BKPD) and its affiliates, faces a constant threat of denial of registration or closure. The activities of unregistered unions are effectively illegal.

BKPD union members risk dismissal and imprisonment, and pressure to join state-controlled unions.

Many independent trade unions were closed during 2005-06. Many activists and members experienced govermental interference and pressure from secret services. A few years ago, the International Labor Organization (ILO) started to investigate the situation with trade unions in Belarus and prepared a few reports on the poor situation with the country's trade unions. Consequently, the European Union imposed some economic sanctions on Belarus -- such as exclusion from the General Preferences System in trading with the EU countries -- in 2007.

References: Interview with Kiril Haiduk, economist of Belarussian Institute for Strategic Studies ( Minsk, Aug. 20, 2008).

Belarus trade sanctions (July 14, 2005): [ LINK ]

International Labor Organization, Belarus: the Untold Story of Anti-Union Repression: [ LINK ]