Belarus: Limited Or Unlimited Government?

Belarus is a landlocked country in Eastern Europe that gained independence from the Soviet Union in 1990. The Republic of Belarus is a presidential republic with a directly elected president who is the head of state. The president is the chief of state and oversees all areas of the government, including the legislative and judiciary branches. The president also appoints the prime minister, who is the head of the government and appoints cabinet members. The constitution provides for a bicameral parliament, the National Assembly, which acts as the representative and legislative body of the country. The country is a unitary democratic welfare state that exercises supreme control and authority over its territory and implements its domestic and foreign policies independently. However, Belarus has been described as an authoritarian state with oppressive media control and human rights violations.

Separation of powers

The Republic of Belarus is a presidential republic with a directly elected president who is the head of state. The President of Belarus has the power to appoint the Prime Minister, who is the head of the government and appoints cabinet members. The President also has the power to appoint members of the judiciary and has a role in the legislative branch.

The Constitution of Belarus, as amended in 1996, 2004 and 2022, provides for the fundamental structure of the state, including the separation of powers into three branches: legislative, executive, and judicial. This separation of powers is intended to prevent the concentration of power in a single government body and to promote a system of checks and balances.

The legislative branch, also known as the National Assembly, is responsible for creating and passing legislation. It consists of two chambers: the Council of the Republic and the House of Representatives. The Council of the Republic has 56 members elected by regional governing councils and 8 members appointed by the President. The House of Representatives has 110 members who are elected by absolute majority vote in single-member constituencies.

The executive branch is led by the Prime Minister, who is appointed by the President with the consent of the House of Representatives. The Prime Minister appoints cabinet members, including Deputy Prime Ministers and Ministers, and can be dismissed by the President.

The judicial branch interprets and upholds the Constitution. The President appoints the Supreme Court justices with the consent of the Council of the Republic, and they serve for a term of 5 years. Additionally, the President appoints 6 constitutional court judges, while 6 others are elected by the Chamber of Representatives, serving for 11-year terms.

While the President has a role in each branch of government, the separation of powers in Belarus aims to ensure that no single branch or individual holds all the power, promoting a system of checks and balances.

Presidential authority

Belarus is a presidential republic, with the President of the Republic acting as the Head of State. The President is elected by absolute majority vote through a two-round system and is the chief of state, overseeing all areas of the government. The President's authority is established and defined by the Belarus Constitution and the Presidential Act of the Republic of Belarus.

The President has the power to appoint and dismiss the Prime Minister, who is the head of the Council of Ministers, with the prior consent of the House of Representatives. The President also determines the structure of the Government, appoints and dismisses Deputy Prime Ministers, Ministers and other members of the Government, and decides on the resignation of the Government or its members. The President has the right to preside at meetings of the Government and to repeal Government acts. The President's decisions are binding on the Government.

The President has the right to initiate legislation and is empowered to sign or reject laws. The President also has the right to adopt decrees, or special acts that have the force of law, and are mandatory across the territory of Belarus.

The President is responsible for protecting the sovereignty, national security and territorial integrity of Belarus, and represents the Republic in relations with other states and international organizations.

The President also has a duty to act as a guarantor of the Constitution, human and civil rights, and freedoms. The President is tasked with ensuring the interaction between public authorities and the adequate performance of their functions, which helps to maintain a stable and consistent state mechanism and prevent confrontation between the branches of government.

The President is also in charge of the country's military and security forces, and has the authority to subordinate all security bodies to their personal command.

Human rights violations

Belarus has been described as a dictatorship or a country with an authoritarian ruling style, and its government has been criticised for human rights violations and the persecution of non-governmental organisations, independent journalists, national minorities, and opposition politicians. The country has one of the most oppressive media climates in the world, with nearly all independent media being banned, websites blocked, and foreign-owned media facing significant barriers to accreditation.

The government has been accused of using hate speech against political opponents and independent media, spreading propaganda, and engaging in election fraud. There have been reports of police violence, arbitrary arrests, and the use of torture. The Belarusian judicial system is characterised by a high conviction rate, with the judiciary branch lacking independence and trial outcomes often predetermined.

Freedom of Expression and Assembly

The right to freedom of expression and assembly is severely restricted in Belarus. The government has passed laws that further restrict media freedoms, including the ability to shut down media outlets without court approval and block and censor websites. Dozens of journalists, media managers, and bloggers have been detained, and critical voices are aggressively suppressed. Websites and Telegram channels are often blocked for allegedly containing "extremist content".

Persecution of Opposition and Civil Society

The Belarusian government has been accused of targeting and persecuting opposition figures, civil society organisations, journalists, and lawyers. This includes arbitrary arrests, detentions, and the use of torture. The government has also passed legislative amendments that further curb the exercise of fundamental freedoms.

Religious Discrimination

Religious minorities in Belarus, including Jews, Protestants, and Muslims, face discrimination and restrictions on their freedom of worship. The government has banned home worship and imposed censorship on religious literature. Additionally, religious organisations are required to undergo re-registration or face closure.

Abuse of Justice System

The Belarusian justice system is abused to suppress dissent, with individuals convicted on politically-motivated charges and facing harsh treatment and inhumane conditions. The authorities also prevent human rights defenders from carrying out their work, including through arbitrary detention and imprisonment.

Refugees and Migrants' Rights

Belarusian authorities have been accused of luring refugees and migrants to the country with false promises of easy passage into the EU, only to violently force them across EU borders, where they face pushbacks and human rights abuses.

Death Sentences and Capital Punishment

Belarus is the only European country that continues to use capital punishment. Death sentences continue to be imposed, and new provisions in the criminal code have extended the application of the death penalty to treason by officials, state officials, and military officers.

Media freedom

Belarus has one of the most oppressive media climates in the world, ranking 157th in the RSF World Press Freedom Index. The country's media landscape is one of the most restrictive globally, with nearly all independent media being banned, websites blocked and/or declared "extremist". Foreign-owned media outlets also face significant barriers to receiving accreditation from the Belarusian authorities.

The country's autocratic leader, Alexander Lukashenko, has signed laws that further restrict media freedoms. These include the ability for the Ministry of Information to shut down media outlets without court approval and the extension of the right to block and censor websites to local prosecutors. The definition of "extremism" has been broadened, leading to its over-application to journalists and media organisations.

The Belarusian authorities have engaged in hate speech against political opponents and independent media, spreading both local and Kremlin propaganda. This trend has intensified since Russia's full-scale invasion of Ukraine in 2022. Arbitrary detention, arrests, and harassment of journalists are common in Belarus, with anti-extremism legislation often used to target independent journalism. Journalists have also been killed in suspicious circumstances.

The Belarusian Association of Journalists (BAJ) has documented numerous incidents of violence, detention, and censorship against journalists. Since the 2020 presidential elections, over 130 journalists have been sentenced to detention, with 68 experiencing violence or injuries. State authorities have conducted searches of over 140 offices or employees' homes. The BAJ also reported that, as of early 2024, 34 media professionals remained imprisoned in Belarus, with prison terms of up to 14 years.

The repression of independent media in Belarus has led to many journalists fleeing the country or going into exile. Organisations such as Free Press Unlimited and Reporters Without Borders have assisted journalists in relocating and provided support for those working in exile. Despite the challenges, some independent media organisations, such as Euroradio, have been able to grow their platforms and increase their impact, playing a crucial role in distributing news from Belarus across borders.

Judicial independence

Belarus gained independence from the Soviet Union in 1990, and three years later, in 1994, the country adopted a new constitution that enshrined democratic values and included important human rights protections. However, the human rights situation in Belarus has since deteriorated, with the country's leader, Alexander Lukashenko, signing laws that restrict media freedoms and enable the government to shut down media outlets without court approval. The country's judicial system has also come under scrutiny, with concerns raised about its independence and integrity.

In Belarus, the judiciary and the court system are subject to excessive control by the executive branch, which includes the president and the government ministries that support them. The president, as the chief of state, has the power to make appointments to both the legislative and judiciary branches. They appoint 6 of the 12 Supreme Court judges, with the remaining 6 being elected by the chamber of representatives. The president also has the sole power to dismiss Supreme Court judges. This level of control over the judiciary branch undermines its independence and calls into question its ability to impartially interpret and uphold the constitution.

The legislative branch, which is responsible for creating and passing legislation, is also heavily influenced by the president. Any draft legislation that requires state expenditures must be approved by the president before being discussed in parliament. Additionally, in circumstances of "specific urgency and necessity," the president can issue decrees that have the force of law without a parliamentary decision. This further limits the independence of the judiciary, as the president can bypass the legislative process and rule by decree.

The lack of judicial independence in Belarus has been highlighted by several international organisations, including the Organisation for Security and Co-operation in Europe (OSCE) and the United Nations (UN). The OSCE has condemned the crackdown on free speech and fair trial rights in Belarus, with the director of their Office for Democratic Institutions and Human Rights (ODHIR) stating that "these sentences violate some of Belarus' most fundamental commitments to respect human rights and the rule of law." The UN's human rights expert on Belarus has also expressed concern, stating that "for almost three decades, Belarus has failed to ensure the independence of its judiciary, implying that the rule of law remains unguaranteed, and human rights unprotected."

The situation in Belarus underscores the importance of an independent judiciary in upholding democratic values and protecting human rights. Without a strong and independent judicial system, the rule of law and the protection of fundamental freedoms cannot be guaranteed.

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