Belarus' Constitution: Does It Exist?

The Republic of Belarus has had a constitution since 1994, three years after the country gained independence from the Soviet Union. The constitution is the supreme law of the land, guaranteeing human rights and setting out the rights and duties of citizens, as well as the structure of the government. It has been amended four times since its original adoption, most recently in 2022. The constitution is divided into nine sections, nine chapters, and 156 articles, with the most important constitutional norm set forth in Article 2, which defines the hierarchy of values in the country.

The history of Belarus' constitution

The history of the Belarus Constitution can be traced back to the early 20th century, shortly after the country gained independence from the Russian Empire in 1918. On October 11, 1918, the Belarusian Democratic Republic adopted its first temporary constitution. However, this was short-lived as the country was occupied by Russian Bolsheviks in 1919, and Belarus became a Soviet Republic (USSR). As a Soviet Republic, Belarus adopted a new constitution, which was replaced in 1927 to complement the recently adopted Soviet Constitution. This constitution was re-adopted in 1937, and then again in 1978 to reflect changes made in the 1977 Soviet Constitution.

In 1991, Belarus declared its independence from the Soviet Union, and the Supreme Council of Belarus passed the Declaration of State Sovereignty, formally initiating a constitutional process. A Constitution Commission was established, and the first of three drafts was sent to the Supreme Council in November 1991. The final draft was signed on March 15, 1994, by the Speaker of the Supreme Council and Head of State, Myechyslaw Hryb, and the Constitution of the Republic of Belarus was officially published on March 30, 1994. This marked the first Constitution in the history of sovereign Belarus and the fifth Constitution overall.

The modern Belarus Constitution has been amended thrice under controversial circumstances, in 1996, 2004, and 2022, through national referendums. The 1996 referendum abolished the unicameral parliament and replaced it with a bicameral one, extending President Alexander Lukashenko's term and strengthening the power of the presidency. The 2004 referendum eliminated term limits for the presidency, allowing Lukashenko to run for re-election indefinitely. The most recent referendum in 2022 added a new chapter and 11 new articles, with the most significant changes pertaining to the system of government and the status of the Belarusian People's Congress, which became the supreme representative body of people's power.

The constitution's influence on the country's legislative system

The Constitution's Influence on Belarus's Legislative System

The Constitution of Belarus, adopted in 1994, outlines the country's fundamental principles and establishes a framework for its legislative system. It serves as the supreme law of the land and has a profound influence on the country's legislative processes and institutions. The Constitution sets out the rights and freedoms of Belarusian citizens, defines the structure and powers of the government, and guides the creation and interpretation of laws. By providing a clear framework, the Constitution ensures that law-making processes are carried out in a systematic and orderly manner.

One of the key ways the Constitution influences the legislative system is by establishing the roles and responsibilities of the various branches of government. It creates a separation of powers between the legislative, executive, and judicial branches, each with distinct functions and duties. The National Assembly, comprising two chambers, is vested with legislative power. It is responsible for enacting laws, approving the budget, and overseeing the work of the executive branch. The Constitution outlines the procedures for law initiation, debate, and enactment, ensuring a deliberate and inclusive law-making process.

The Constitution also delineates the powers of the president and the government. While the National Assembly holds primary legislative power, the president plays a significant role in law-making. The Constitution grants the president the power to initiate laws, propose amendments, and sign or veto legislation passed by the National Assembly. The government, led by the prime minister, is responsible for implementing the laws enacted by the National Assembly and carrying out the day-to-day administration of the country.

Additionally, the Constitution influences the legislative system by providing guidance on the interpretation of laws and resolving disputes. It establishes the Constitutional Court, which is tasked with reviewing the constitutionality of laws and ensuring that they conform to the principles set out in the Constitution. The court interprets the Constitution and acts as a check on the legislative and executive branches, ensuring that their actions do not exceed the powers granted to them. The Constitution also outlines the hierarchy of laws, with international treaties taking precedence over domestic legislation, providing a clear framework for resolving conflicts between different legal provisions.

The fundamental rights and freedoms enshrined in the Constitution also have a significant impact on the legislative system. These rights serve as a guide for law-makers when drafting new legislation and act as limitations on the power of the state. The Constitution guarantees freedoms such as freedom of speech, assembly, and religion, and protects citizens' rights to property, education, and health care. These rights shape the legislative agenda and ensure that laws are enacted to protect and promote the interests and well-being of Belarusian citizens.

In conclusion, the Constitution of Belarus exerts a profound influence on the country's legislative system. It establishes a clear framework for law-making, separates powers among different branches of government, and provides guidance on the interpretation and application of laws. By outlining the rights and freedoms of citizens, the Constitution ensures that the legislative process is responsive to the needs and aspirations of the Belarusian people. The Constitution's influence helps maintain a system of checks and balances, promoting good governance and protecting the rights and interests of individuals and communities in Belarus.

Amendments to the constitution

The Constitution of Belarus has been amended thrice since its original adoption in 1994: in 1996, 2004, and 2022. The 1996 and 2004 referendums were criticised by independent observers and government opposition leaders for increasing the power of the presidency and eliminating term limits for the president.

1996 Amendments

The 1996 referendum amended the Constitution to strengthen the power of the presidency. The Supreme Council, the unicameral parliament of Belarus, was abolished and replaced by the National Assembly, a bicameral parliament. The term of President Alexander Lukashenko was also extended from 1999 until 2001.

2004 Amendments

The 2004 referendum concerned presidential term limits. Before the vote, President Alexander Lukashenko was restricted to two terms in office. The voter turnout for the referendum was nearly 90%, with 77.3% of voters agreeing to eliminate term limits.

2022 Amendments

The 2022 referendum amended the Constitution to allow Lukashenko to remain in office until 2035. It also empowered the All-Belarusian People's Assembly, an extra-parliamentary body dominated by government supporters. Additionally, the changes renounced Belarus's nuclear-free zone status, allowing Belarus to host nuclear weapons for the first time since the fall of the Soviet Union.

The constitution's impact on the country's democracy

The Constitution of the Republic of Belarus is the country's Fundamental Law, with supreme legal force and direct effect across the entire territory of the country. It is composed of a preamble and nine sections divided into 146 articles, establishing the framework of the Belarusian state and government and enumerating the rights and freedoms of its citizens.

The Constitution guarantees free elections, including national and local elections and referendums. It also guarantees extensive rights and freedoms to Belarusian citizens, including the right to a decent life, the right to participate in the country's decision-making process, the right to receive healthcare services, and the right to allowances and benefits for the elderly, the sick, the disabled, and the unemployable.

However, the Constitution has been criticised for its impact on the country's democracy. While it establishes a democratic procedure for the formation of public authorities, the United Nations and various observers have challenged the independence of the judiciary and the respect for the rule of law in Belarus. The Constitution has been amended three times under controversial circumstances, with referendums in 1996, 2004, and 2022 increasing the power of the presidency and eliminating term limits for the president. These changes have been seen as solidifying the power of the authoritarian regime of President Alexander Lukashenko, who has been referred to as "Europe's last dictator".

The legitimacy of the 1996 referendum that expanded presidential powers was questioned by many Belarusians and the international community. Subsequent legislative elections have been deemed irregular or undemocratic by international observers, with pro-Lukashenko candidates predominating. Elections are not considered free and fair by international monitors, and opponents of the regime face repression. The media also lacks freedom, with authorities restricting the right to a free press and harassing independent media outlets.

The Council of Europe has barred Belarus from membership since 1997 due to voting irregularities in the 1996 constitutional referendum and parliament by-elections. The Venice Commission of the Council of Europe has stated that Belarus's constitution is "illegal and does not respect minimum democratic standards and thus violates the principles of separation of powers and the rule of law". Human Rights Watch has also criticised the Belarusian government for human rights violations and its actions against NGOs, independent journalists, national minorities, and opposition politicians.

The constitution and the role of the president

The Constitution of the Republic of Belarus is the Fundamental Law of the state, which has supreme legal force and direct effect in the entire territory of the country. It was adopted on 15 March 1994 by the Supreme Council of the Republic of Belarus and is the first Constitution in the history of sovereign Belarus. The Constitution is composed of a preamble and nine sections divided into 146 articles.

The Constitution sets forth fundamental principles for the regulation of the legal, political and economic system of the state. It guarantees the protection of inalienable human rights, sets forth mutual obligations of citizens and the state, and establishes the procedure for the formation and functioning of public authorities. The Constitution also establishes the rights and duties of citizens, including the right to a decent life, the right to participate in the country's decision-making process, and the right to receive healthcare services.

The Constitution plays a key role in modern Belarus's government and democracy. It guarantees free elections, including national and local elections and referendums. The following bodies and individuals are elected on the basis of free, direct votes by secret ballot: the President of the Republic of Belarus, Deputies of the House of Representatives of the National Assembly, and local Councils of Deputies.

The President of the Republic of Belarus is the head of state and government. The office was created in 1994 with the passing of the Constitution, replacing the office of Chairman of the Supreme Council. The President's duties include executing foreign and domestic policy, defending the rights and general welfare of citizens and residents, and upholding the Constitution. The President is also the guardian of the Constitution and the rights and freedoms of those who claim Belarusian citizenship or residency. They are mandated by the Constitution to serve as a leader in the social affairs of the country and to act as its main representative abroad.

The President is elected every five years by a national vote. To be eligible to run for office, a candidate must be a Belarusian citizen by birth, over thirty-five years old, and have resided in the republic for ten years. The President is barred from formal membership in a political party during their tenure.

Frequently asked questions