International civil initiative Civic Belarus registered in Czech Republic, which joined the campaign Stop 193.1, received a reply from the Ministry of Justice to a call about abolishing Article 193.1 of the Belarusian Criminal Code (“Illegal organization civic initiatives or funds and taking part in their activities”).

According to a letter signed by the Vice Minister of Justice Ihar Tushynski: “At the moment it is under consideration to omit from Article 193.1 of CC criminal penalty for organization or activities of political parties, other civic initiatives, religious organisations or funds, which do not have an official appropriately processed state registration. We are deliberating to change criminal penalty with an administrative one.”  

Katka Špácová, Executive Director of Civic Belarus, in her comment to the Belarusian HRH web-site pointed out the Ministry’s of Justice reply was “a pleasant surprise” for her collaborators and colleagues. “However, our enthusiasm was tainted just a day later, when to Belarusian journalists the Ministry did not confirm this information.”

“Our explanation is that either the authorities wanted to show only to Europeans that they have good intentions, or they do intend to abolish 193.1, but do not want to let the information out, when it’s not certain yet,” a Civic Belarus officer deliberated. “We of course wish for the second, because more freedom for civil society and the development of Belarusian society would bring only benefit to Belarusian citizens.”

Yury Chavusau, a lawyer, commented to Naša Niva, weekly newspaper, possible article 193.1 changes:

“The Ministry of Justice letter formulation is rather incorrect. The possibilities of abolishing this ill-famed article are still being considered by unknown state structures. But the fact that the state, for the first time, acknowledged the existence of this problem and even heard an alternative opinion of numerous critics of this abnormal legal situation is already a big accomplishment in itself.

Certainly, the best option would be complete annulment any restrictions on activities of unregistered civic initiatives. That would bring Belarus closer to the European legal standards of regulating the civil society.

The state chose an in-between solution: activities of unregistered organisations would remain illegal, but without criminal penalties. However, it would still remain a felony as administrative charges would be placed instead. And as it is clearly seen from the Ministry of Justice letter Article 193.1 would regardless be a part of the Criminal Code. It would only apply for those initiatives that were liquidated and if their activities were suspended.”

From the moment Article 193.1 was first introduced in 2006 17 persons have been sentenced. Dozens of activists were issued official warnings (next step would be a jail sentence) by prosecutor offices as well as verbal warnings during interrogation sessions and meetings with secret service personnel.  

Thousands of Belarusian citizens are being considered as petty criminals and can potentially be prosecuted in current conditions when a vast majority of Belarusian NGOs work without a registration and to receive one from the authorities for independent civic initiatives is virtually impossible.

The Stop 193.1 campaign began in April this year initiated by the Assembly of Non-Governmental Organisations.

Douzens of civic organisations have taken part in the campaign sending petitions to the House of Representatives of the Belarusian Parliament calling on abolishing Article 193.1 from the Criminal Code.

Several foreign organisations, for instance Östgruppen (Sweden), FrontLine Defenders (Ireland), Civic Belarus (Czech Republic), Human Rights House Network, have also joined the campaign.

They send petitions to the Belarusian authorities and also address their own governments informing them about the law that discriminates against civil society in Belarus. They also propagate to use diplomatic means to influence the regime in Belarus.

The demand to abolish Article 193.l as a necessary condition for improving the human rights situation in Belarus is included in numerous resolutions of the European Parliament and other European organisations.