Belarusian “sword of Damocles”
On 6-7 March after a four-year delay the Assembly of Non-Governmental Organizations took place in Minsk. This event became a forum to discuss problems of the so-called third sector in Belarus. The key problem for the Belarusian “independent society” is legalisation.
Legalisation is not a word to be taken lightly. Without an official registration members and representatives of civil society not only face inconveniences, but risk getting arrested. The Belarusian Criminal Code still has a political article #193-1, which stipulates penalty up to 2 years in jail for activities in a name of an unregistered organisation. This classic Catch 193-1 every now and then is used against activists of non-governmental organisations. A demand of European Parliament to scrap off this infamous article is ignored by the Belarusian authorities.
Registration possible, not for everyone
Nevertheless, several political analysts acknowledge certain improvements in work conditions of the third sector. The fact that the authorities actually allowed for the Assembly to convene is considered progressive. Moreover, as Yury Chavusau, a lawyer and political scientist, points out: “In recent years a campaign to liquidate civic organisations has become less active.”
In his words, the biggest problem is a very difficult procedure of NGO registration. However, even this barrier is becoming possible to overcome. Mr Chavusau said in his presentation during the Assembly that “we even tried to conduct an experiment – took 9 unregistered organisations with various activities and attempted to register them. Eight out of them, more or less through re-submitting document over again, through correcting mistakes and through courts, we actually managed to register.”
But he stressed it does not mean that it is possible to register just any organisation given a strong commitment of members and founders. As an example consider yet one more refusal to register Nasha Viasna/Our Spring, a human rights organisation.
Our Spring still not to come
Ministry of Justice in a letter to Nasha Viasna founders wrote: “In the Republic of Belarus the right of citizens to the freedom of organisation is guaranteed in the Constitution. However, this right should not be used as to break the current legislation and be abused by initiatives to create civic organizations.”
Human rights defenders do doubt that behind a formal statement lies a political decision to refuse the registration. Helsinki Committees of Sweden, the Netherlands, Norway, Belarus, and Moscow Helsinki Group called on the Belarusian authorities to reverse the decision.
A political observer Aliaksandr Klaskouski, right, shares an opinion: “To refuse registration one can always find a ‘just not right’ clause in a statute, some insignificant mistake with papers… But it is widely understood that a registration process is a kind of very strict “face-control”. When persistent critics of the authorities, even in principles and values, are trying to move forward any initiative chances to legalize such activities are still rather slim.”
“We could squeeze you even harder”
On a top of political pressures against certain organisations the third sector as a whole faces financial difficulties in Belarus. Since last year, when fringe benefits for rent were dropped, many NGO cannot afford an office space. This also leads to illegal activities. Given this, announcements of the authorities on easing out ways for NGOs’ work appear half-hearted. Even if supported by positive steps such as the Movement for Freedom or Centre for Chernobyl Initiatives Support registrations.
Mr Klaskouski thinks that “today, an unspoken position of those in power towards civil society is possible to explain in simple words: ‘be thankful that we are squeezing you not as hard as we could!’”
NGOs causing a headache to authorities
Reasons for such unwelcome stance of the state towards civil activity lie in traditional non-acceptance of any alternative thought, political scientists speculate. Viktar Charnou, a political scientist, left, explains to BelaPAN news agency: “Grassroots initiatives cause serious agitation of our political system. Because they are uncontrollable and it is better to get rid of them altogether rather than to have a headache dealing with them.”
As of 2009 beginning there are 2221 civil initiatives officially registered in Belarus. Mr Charnou thinks that as many are hiding in shadows, outside legal framework. The expert is certain that the third sector will be able to come out in light only after the Article 193-1 is written off. Also he believes that a registration should be a notification rather than authorisation procedure.
And in the mean time civil society in Belarus has to gamble: will we be registered, or not? Or, perhaps, even liquidated?
