Monitoring report
Prepared in cooperation with the Belarusian local legal experts and contributions from national civil society practitioners, including outcomes of monitoring, consulting and advocacy cooperation with Civil society organisation Lawtrend
1. Introduction
This monitoring paper is based on the international standards of the freedom of associations and legal environment for civil society organisations (CSOs)[1].
This study provides a comprehensive analysis of the evolution of legal regulations and law enforcement practices concerning the freedom of association in Belarus, with particular emphasis on the rights to establish, join, and participate in public associations in 2024. This analysis will contribute to a deeper understanding of the current state of freedom of association in Belarus.
In the 3rd cycle of the United Nations Universal Periodical Report for Belarus in 2020 recommendations on freedom of association were voiced from Denmark (138.183), Peru (138.184), Ecuador (138.144), Albania (138.141), India (138.145), Italy (138.146), North Macedonia (138.147), Finland (138.162), Czechia (138.193), Argentina (138.142), Rep. of Korea (138.181), Slovenia (138.152), United Kingdom (138.149). Some recommendations touched the necessary cooperation between government and civil society: Tajikistan (138.59), Japan (138.60), Lebanon (138.62), Norway (138.64), Lithuania (138.63), Romania (138.65) USA (138.66), Burkina Faso (138.239), France (138.163) and Kazakhstan (138.61). Some of the recommendations have been supported by Belarus[2].
As outlined below, progress in implementing these recommendations has been extremely minor. Moreover, in areas relevant to freedom of association, there was a new derogation from international standards, particularly evident in the reinstatement in 2022 of Article 193-1 in the Criminal Code, which provides punishment of up to 2 years’ imprisonment for the activities of an association without registration.
In each of the sections below, the situation in Belarus is analysed in terms of conformity with international standards and the recommendations are proposed.
2. Main problems for civil society and freedom of associations in Belarus
Opportunities for establishing and operating independent associations in Belarus are extremely restricted in 2024. This is indicated by the following serious problems, which are permanent in nature and significantly reduce the space for exercising freedom of association:
- The procedure for registering public associations and foundations is permissive, costly, requires the preparation of a large number of documents, the requirements for which are not unified and are not precisely prescribed in legislation, and refusals to register are arbitrary, resulting in state authorities can refuse to register any NGO that is undesirable to the authorities.
- There is a ban on the activities of associations without state registration as legal entities, including trade unions and religious groups. Article 193-1 of the Criminal Code (organization and participation in the activities of an unregistered organization) is enshrined in law and applied in practice. At least three criminal cases have been initiated under this article since its return to Belarusian legislation in 2022, one of which resulted in a sentence in 2024.
- The Belarusian authorities widely practice excessive interference in the activities of NGOs: inspections, searches, calls for interrogations by law enforcement agencies, and special services of organization representatives. Any undesirable organization can be liquidated, in the case of private institutions even without a court decision. Since 2021, about 2,000 NGOs have ceased operations altogether—they were forcibly liquidated or forced to decide to liquidate themselves.
- More than 100 representatives of CSOs are being held in places of deprivation of liberty, including at least 5 human rights defenders and 27 trade union representatives.
- The practice of using anti-extremism legislation to prosecute activists and intimidate people who participate in CSO activities and events, provide financial support to CSOs and their target groups, is widespread. Around 300 CSOs, neighbourhood communities and media resources have been designated as extremist organisations, and the information resources of hundreds of CSOs have been labelled as extremist materials.
- In order to suppress civic activism, the authorities are putting pressure on activists and representatives of civil society who are forced to live abroad. Criminal cases are being brought against participants in protests abroad, and their property is being seized.
- NGOs within Belarus are significantly restricted in their access to both domestic and foreign funding. Foreign grant aid, which includes aid from Belarusians living abroad, is subject to prior registration in any amount. The law provides for a narrow list of purposes for which such aid may be used. Registration of aid may be refused for any reason, including on the grounds that it is inappropriate to receive and use it.
- Many representatives of CSOs have been forced to leave the country due to large-scale repression and continue to leave for abroad, where they still face problems with legalization, etc.
- Civil society organizations continue to remain and operate in Belarus, including those with registered status. Some new NGOs are registering, but the number of new registrations is significantly lower than it was before 2021. The authorities are making significant efforts to governmentalize the non-profit sector, involving NGOs in supporting state ideology and developing various events, programs, and projects for this purpose.
The state exerts a significant influence on CSOs through its actions, including the persecution of CSOs and the co-optation of remaining undestroyed civil society structures into the current political system. This dynamic creates a situation where existing civil initiatives depend on state policy. Nevertheless, this factor does not automatically disqualify all civil structures in the country from being considered genuinely civil initiatives. Based on this, the unacceptable conditions for civil society have violated human rights standards and necessitate immediate rectification. It’s in everybody’s best interest for all stakeholders in civil society, both within Belarus and indirectly for those who have been forcibly relocated.
3. Framework legal regulation of civil society and freedom of associations
Article 36 of the Constitution of Belarus provides for the right to freedom of association: “Everyone has the right to freedom of association. Citizens for the realization and enjoyment of political, social, economic, cultural and other interests have the right to form political parties and other public associations and to participate in their activities”. The ban on judges and military participation in political parties remained in place in the new edition of the Constitution, adopted by the Referendum on February 27, 2022, but the previously existing ban on the participation of these categories in public associations pursuing political goals was removed from Article 36.
The primary legal act for effectively implementation of the right to establish various forms of non-profit organisations is the Civil Code, which regulates all legal entities. Between 2021 to 2024, the Civil Code underwent a series of beneficial amendments that addressed several regulatory gaps, particularly in the procedures for the liquidation of entities[3].
In the new edition of Constitution first time for Belarus the term ‘civil society’ was incorporated in Article 89-2. This mention led to the adoption of a special Law “On the Essentials of Civil Society” on February 14, 2023[4]. This Law imposes special forms of interaction with the state on criteria available only to a small circle of large associations supported by the government. Despite the official title, the Law does not regulate civil society, but only the interaction of certain civil society actors with the state, especially the right to nominate delegates from civil society to the All Belarusian People’s Assembly[5]. The Law does not amend the existing restrictive procedures governing the establishment, operation, funding, or liquidation of associations; rather, it establishes a hierarchy and creates inequalities among them. Specifically, the law stipulates that only those national-level associations can be recognized as civil society entities with special forms of interaction with the state, if they are listed by the Ministry of Justice[6] and have membership exceeding 100,000 individuals or represent at least half of the registered trade unions. As a result, only five CSOs met these criteria, to quality for the right to nominate delegates to the All-Belarusian People’s Assembly at the 2024 elections.[7]
4. Special regulation for different types of associations
The Law №251 enacted on February 14, 2023, amended the Law “On Public Associations” as well as the Law “On Political Parties”[8]. These new editions of both Laws impose strict procedural requirements that associations and parties must meet to maintain their registration, in particular demanded that national-level public associations are required to establish registered branches in all regions and in the capital city, in order to confirm their national status (i.e., at least seven offices)[9].
The requirements for registration political parties have been made more burdensome and difficult to fulfil. The Law “On Political Parties” mandates a substantial increase in the number of local branches, specifying that parties must establish branches in all regions, as well as district and city branches in at least one-third of the districts and cities within each region. Additionally, the minimum number of founders (members) has been raised from 1,000 to 5,000 citizens. Furthermore, the law bans party membership for citizens residing outside of Belarus and also bans funding from such citizens.
Although the Law №251 did not announce re-registration of public associations, almost all associations have been required to bring their charters into compliance with the new edition of the Law “On Public Associations” within a year and should have submitted documents for registration of changes to the justice bodies by the middle of 2024. The new requirements make it difficult for associations to comply. As a result of the failure to amend the charters, during 2024 the authorities initiated forced dissolution of dozens of associations by court, especially the all-national associations[10].
The Law №251 mandated that political parties undergo compulsory re-registration and submit the necessary documentation within three months. Only four pro-government parties met the new criteria and retained their registered status. All opposition parties failed to be re-registered and were terminated by the Supreme Court in 2023; many did not attempt to submit due to the inability to establish the required number of local branches. As a result of the re-registration and despite the registration of the new pro-government party Belaya Rus May 2, 2023 (this is the first registration of a new party in Belarus since 2000, at the time when all previous attempts were refused by the Ministry of Justice) the total number of parties declined from 16 parties at the May 2023 to just four parties by the end of 2023[11]. This decline was attributed to the dissolution of 11 parties by the court and the self-liquidation of one, leaving all remaining parties aligned with the government.
The Law titled “Freedom of Conscience and Religious Organisations” enacted on December 17, 1992 imposes significant restrictions on the establishment of religious organisations. A notable challenge to the freedom of association within the religious sphere arises from the re-registration requirements imposed by the Law of December 30, 2023, which introduced a revised edition of the aforementioned law. The State Commissioner for Religions submitted this new version — a critical regulatory framework for millions of believers in Belarus—for public discussion; however, stakeholders were allotted only ten days to provide feedback. This limited timeframe hindered many individuals and organisations from formulating well-argued objections to the proposed changes[12]. This new edition requires all 3,592 existing religious organisations to undergo re-registration by submitting a voluminous package of documents[13]. This Law imposes stringent requirements regarding the documentation, procedures, and deadlines for registering religious organisations. It also introduced new reporting and inspection mechanisms. The re-registration period is one year, during which organisations must submit their documentation between July 5, 2024, and July 5, 2025[14]. Organisations that do not submit the required documents for re-registration will face termination through a court decision. The law also broadens the criteria for the forced dissolution of religious organisations, including the failure to maintain the legally mandated minimum of 20 founders residing on the territory of the community[15].
According to the Law “On Public Associations”, foreigners can participate only in establishment of international public associations; they are prohibited from being founders of national or local public associations. Instead, they may only join such associations after registration.
5. Termination of associations and exceptionally rare registration of new associations
According to the Ministry of Justice, the number of public associations registered in Belarus declined from 3021 on January 1, 2021, to 1397 on January 1, 2025[16]. The main reason was the forced dissolution of public associations. Additionally, many organisations have opted for self-closure, primarily due to their inability to operate effectively in an increasingly hostile environment.
This purge of civil society was a government’s conscious course, announced by Foreign Minister Vladimir Makei[17] and described on July 13, 2021, by president Lukashenka’s statement that CSOs didn’t plant democracy but terror.[18] The campaign of mass forced termination of CSOs started in July 2021, and until April 2025, according to Lawtrend, it resulted in the closure of at least 1917 CSOs, including 1188 organisations that were forcibly terminated by courts or other authorities[19].
The common grounds for termination of associations are: charges for extremist activities; failure to submit reports to the registration authority; failure to submit documents required during the inspection; providing incorrect legal address[20]; failure to comply with the obligation to publish financial reports which were first introduced in 2021 in accordance with the updated AML/CTF legislation[21].
Since 2021, the number of newly registered CSOs has been ten times lower that of those terminated. In 2024, only 26 new public associations (including international, national, and local ones) were registered in Belarus, which is the lowest indicator for the observation period since the beginning of the century. The registration process for public associations is more expensive, lengthy, and burdensome compared to that for business entities, allowing state bodies the discretion to arbitrarily deny registration. Additionally, the requirement for legal addresses in non-residential premises poses challenges for all CSOs, while some commercial entities may operate from their founders’ residences. The registration fee for a national public association is ten times higher than that for commercial entities. Furthermore, state authorities can take up to one month to review a registration application for a public association, which may lead to denial, and even if mistakes are corrected, this does not guarantee approval successful registration.
6. Criminal prosecution of CSO without registration: The return of Article 193-1 in the Criminal Code
Since 1999, the activity of associations without state registration has been banned. As of 2005, individuals engaging in activities of CSOs without registration can face criminal liability under the Article193-1. In July 2019, the criminal provision concerning the activities of CSOs operating without registration was replaced by Article 23.88 of the Code of Administrative Offences, which imposed fines as the penalty[22]. However, in January 2022, Article 193-1 was reinstated in the Criminal Code, reintroducing the potential for imprisonment of up to two years for individuals involved in the activities of unregistered or liquidated public associations, foundations, political parties, and religious organisations[23].
As of April 2025, three criminal cases have been reported under Article 193-1 following its reinstatement in 2022. The first sentence was passed in August 2024, when Olga Velichka, the former head of the Hrodna Children’s Hospice, was sentenced in absentia to one year of imprisonment for continuing the activities of the CSO after its liquidation.[24]. In 2022, a criminal case was initiated under Article 193-1 against the management of a commercial organisation “Klerigata” LLC, which, according to the prosecutor’s office, was a facade for hidden operations of the unregistered Polish minority association[25]. In March 2025, the leaders of the unregistered religious association “Ivdivo” had been detained under Article 193-1[26].
7. Stigmatizing associations as extremist formations and criminal charges for funding
From 2021 to 2024, legislation on countering extremism was the primary means of pressure on all forms of dissent in Belarus. This was particularly evident in targeting both organised and informal civil society. The conditions for such abuse were created through the deliberate broadening and expansion of the law’s wording, which allows the authorities to identify as extremist any legitimate activity of non-state actors that is undesirable for them. This is coupled with the arbitrary interpretation of these norms by the Ministry of Internal Affairs and other law enforcement agencies, with uncritical and almost absolute support for such distorted interpretations by the courts. The misuse of legislation on countering extremism has a detrimental impact on freedom of association and the CSO’s operational capacity. This is evident in instances where diverse forms of CSOs, including trade unions and other previously state-registered organisations, informal groups on social media, and media outlets, are designated as extremist formations by the Ministry of Internal Affairs and the KGB. Any involvement in the activities of such formations (not only management and membership in them, but also financing and broadly interpreted «assistance», for example, in the form of interviews) may result in criminal prosecution under anti-extremist articles of the Criminal Code.
Between 2021 and 2025, a total of 269 groups were designated by the Ministry of Internal Affairs and the State Security Committee as ‘extremist formations’ through the non-judicial procedure established in 2021[27]. Prominent organisations, such as the Belarusian Association of Journalists, Human Rights Center “Viasna” and others have been labelled as extremist. Joining an organisation listed as an extremist formation[28], as well as financing or other assistance, is considered a criminal offence, punishable by imprisonment under Articles 361-1, 361-2, 361-4 of the Criminal Code. As of March 2025, the HRC “Viasna” has reported that 258 individuals have been convicted under Article 361-1 for either creating or participating in an extremist formation.
CSOs face severe restrictions on funding, with a closed list of permissible purposes for donations from foreign sources and Belarusian businesses. Donations from foreign donors are only allowed for specific objectives outlined in Decree № 3 of May 25, 2020, which notably does not include human rights. Furthermore, all foreign aid received by CSOs, regardless of the amount, must undergo mandatory prior registration with the Department for Humanitarian Activities and is subject to taxation.
Under these circumstances, standard fundraising activities for CSOs become criminalised, particularly under Articles 369-2 (use of foreign aid in violation of the legislation) and 361-2 (financing extremist activities) of the Criminal Code, which are enforced broadly. One notable case involves Vadzim Khrasko, who was imprisoned under Article 361-2 and sentenced to three years for making several donations; he tragically died in prison on January 9, 2024[29].
Ales Bialiatski, the Chairperson of Human Rights Center “Viasna”, was arrested on July 14, 2021. Following a politically motivated trial, he was sentenced to ten years in prison on March 3, 2023, for charges of money smuggling and financing protests, alongside two of his colleagues Valiantsin Stefanovich (9 years imprisonment) and Uladzimir Labkovich (7 years imprisonment). The smuggling charge pertained to the transfer of cash into the territory of Belarus to support the operations of his organisation, in accordance with customs regulations.[30]. Awarded the Nobel Peace Prize in 2022 before his sentencing, Ales Bialiatski, continues to serve his prison term, along with his colleagues, as of April 2025.
8. Recommendations: First priority steps
1. Reinstate the registration status of all CSOs that were forcibly dissolved between 2021 and 2025, thereby ensuring their ability to operate freely.
2. Amend the Law on Public Associations to remove the ban on the activity of unregistered public associations. Additionally, repeal Articles 193 and 193-1 of the Criminal Code, as it contradicts the state’s obligations to uphold human rights.
3. Narrow the legal definition of extremist activities. As an immediate priority, abolish the list of designated “extremist formations” and repeal. Articles 361-1, 361-2, 361-3, 361-4, 361-5 of the Criminal Code.
4. Remove the potential for abuse of counter-extremism laws to target societal dissent in general, and the lawful activities of civil society organizations in particular. Align counter-extremism legislation and practices with international standards and the relevant recommendations of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. This includes shifting the focus towards combating violent extremism and preventing violent acts, precise outlined in the Criminal Code.
5. Grant freedom to Nobel Laureate Ales Bialiatski and his colleagues associated with the Human Rights Center «Viasna.»
6. Stop the abuse of investigative powers against CSOs in criminal cases. Release all members of public associations who have been charged in connection with their legitimate activities to protect human rights and withdraw all related charges.
7. Strengthen cooperation with the UN human rights mechanisms, including:
a) Issuing a standing invitation to the UN special procedures;
b) Facilitating a visit of UN Special Rapporteur on the rights to freedom of peaceful assembly and of association;
c) Adopting the Plan for the implementation of UPR recommendations (following the 2016-2019 governmental Inter-agency plan to implement the recommendations accepted by Belarus after the UPR 2nd cycle and from the treaty bodies[31]).
[1] The joint OSCE/ODIHR and Venice Commission Guidelines on Freedom of Association — https://www.osce.org/odihr/132371
[2] Source of Position of the Government: A/HRC/46/5/Add.1
[3] https://pravo.by/document/?guid=12551&p0=C22400770
[4] https://pravo.by/document/?guid=12551&p0=H12300250&p1=1&p5=0
[5] Belarus: Draft law “On Essentials of Civil Society” on Parliament’s agenda https://csometer.info/updates/belarus-draft-law-essentials-civil-society-parliaments-agenda
[6] The Ministry of Justice has published the list on its website: https://minjust.gov.by/directions/compare_coverage/
[7] https://rec.gov.by/ru/election-schedule-ru/view/elections-2024-vns-89
[8] https://pravo.by/document/?guid=12551&p0=H12300251
[9] Belarus: Draft amendments to laws on public associations and political parties published https://csometer.info/updates/belarus-draft-amendments-laws-public-associations-and-political-parties-published
[10] Belarus: New wave of liquidation of CSOs that fail to amend their charters https://csometer.info/updates/belarus-new-wave-liquidation-csos-fail-amend-their-charters
[11] https://president.gov.by/en/belarus/society/political-parties
[12] Official public discussion from 5 to 15 June 2023 https://forumpravo.by/publichnoe-obsuzhdenie-proektov-npa/forum15/17160
[13] Belarus: All forms of religious organisations may need to re-register https://csometer.info/updates/belarus-all-forms-religious-organisations-may-need-re-register
[14] Belarus: Repressive new Religion Law imposes compulsory re-registration https://www.forum18.org/archive.php?article_id=2884
[15] Belarus: Concern and secrecy surround compulsory re-registration process https://www.forum18.org/archive.php?article_id=2945
[16] https://minjust.gov.by/directions/compare_coverage/
[17] Transcript of the interview of the Minister of Foreign Affairs of the Republic of Belarus V. Makei to the TV channel “Belarus 1” (April 10, 2021) published by MFA: https://mfa.gov.by/press/smi/aa4e5d7a6cce18bf.html
[18] BelTA. 13 July 2021. ‘Negotiations between Lukashenko, Putin in St Petersburg take over 5 hours’, https://eng.belta.by/president/view/negotiations-between-lukashenko-putin-in-st-petersburg-over-141638-2021/.
[19] https://www.lawtrend.org/freedom-of-association/monitoring-situatsii-so-svobodoj-assotsiatsij-i-polozheniem-organizatsij-grazhdanskogo-obshhestva-v-respublike-belarus-mart-2025
[20] The liquidation of social organisations in Belarus: what happened and what comes next for Belarusian civil society https://www.batory.org.pl/publikacja/the-liquidation-of-social-organisations-in-belarus-what-happened-and-what-comes-next-for-belarusian-civil-society/
[21] Changes in legislation on reporting for public associations and foundations https://www.lawtrend.org/freedom-of-association/izmenenie-zakonodatelstva-ob-otchetnosti-dlya-obshhestvennyh-obedinenij-i-fondov
[22] What is 193.1? https://193-1.art/eng
[23] Belarus: Criminal penalties restored for unregistered CSOs https://csometer.info/updates/belarus-criminal-penalties-restored-unregistered-csos
[24] Belarus: First criminal sentence for continuing CSO activities after liquidation https://csometer.info/updates/belarus-first-criminal-sentence-continuing-cso-activities-after-liquidation
[25] https://prokuratura.gov.by/ru/media/novosti/nadzor-za-resheniyami-po-ugolovnym-i-grazhdanskim-delam/nezakonno-organizova/
[26] https://belta.by/regions/view/okkultnoe-uchenie-pod-vidom-filosofii-presechena-dejatelnost-nezakonnoj-religioznoj-organizatsii-704031-2025/
[27] Opinion on the compatibility with international and regional standards of recent amendments to the Belarusian legislation affecting NGOs https://rm.coe.int/coe-expert-council-opinion-on-belarus-2022-en/1680a8a2b7
[28] Index of Extremist Formations https://www.mvd.gov.by/uploads/news/8642/64724dadb94858919e9febb8d956dc15109ea161.xlsx
[29] https://apnews.com/article/belarus-prisoner-death-lukashenko-crackdown-2f7909c1db4d709a801ed7af62645a8d
[30] https://www.politico.eu/article/belarus-nobel-peace-prize-winner-ales-bialiatski-sentence-10-year-jail/
[31] The 2016–2019 Inter-Agency Plan to implement the recommendations accepted by Belarus, approved by Council of Ministers Decision №860 of 24 October 2016 http://www.government.by/ru/solutions/2661