Monitoring of the situation with freedom of association and the status of civil society organizations in the Republic of Belarus October 2024
Repressions against civil society organizations and activists in Belarus continue unabated. Over a hundred civil society representatives are in detention.
There are constant reports of arrests, summonses for interrogations and interviews, border checks, and the initiation of new administrative and criminal cases. Courts are issuing sentences with severe prison terms for facilitating extremist activities, leading and participating in extremist formations, and financing extremism by donating to solidarity funds and other structures. Every month, several civil society organizations are designated as extremist formations. 45 Belarusian citizens, who had been forced to leave the country, became suspects under criminal articles related to the attempt to seize state power, creation of an extremist formation. Criminal cases continue to be processed through special (in absentia) proceedings, including cases involving activists and human rights defenders.
The campaign to liquidate non-governmental organizations has not stopped for four years. As of the end of October 2024, it amounts to at least 1.161 NGOs which is 24 more organizations than in the previous monitoring period. As of the end of October 2024, the number of organizations that decided on self-liquidation is at least 677. Consequently, the losses in Belarus’s civil sector since the post-election period in 2020 amount to no less than 1.838 institutionalized forms of NGOs (including civic associations, professional unions, political parties, foundations, non-governmental institutions, associations, and religious organizations).
Legislation regulating the activities of NGOs continues to change selectively. During the monitoring period, updates were made to the document formats for fund registration, a new template for sponsorship agreements was approved, and forms for interim and final liquidation balances.
Forced liquidation of non-governmental organizations
During the monitoring period, as in previous months, international and republican public associations are primarily subject to liquidation. These are mostly associations that have not updated their charters in accordance with the new requirements of the Law “on Public Associations” or failed to submit mandatory annual reports to the registration authorities. At the same time, there are cases of selective forced liquidation of associations that have complied with these legal requirements. For instance, the Hrodna Regional Court received a lawsuit for the liquidation of the international public association «Palette of Peace,» whose activity report was submitted to the registration authority in 2023.
In total, as of October 31, 2024, according to the monitoring conducted by Lawtrend[1], there have been 1.161 NGOs in the process of forced liquidation, including lawsuits filed by registering authorities for liquidation or being forcibly excluded from the Unified State Register of Legal Entities and Individual Entrepreneurs (USR).
Non-governmental organizations deciding on self-liquidation
As of October 31, 2024, according to the monitoring conducted by Lawtrend, there have been 677 NGOs (civil associations, foundations, institutions, and political parties) in which the authorized body or founders have decided to liquidate.
The decision on self-liquidation is primarily due to pressure on the members and employees of NGOs, an unfavourable legal environment, and the overall socio-political situation in the country.
In contrast to the forcibly liquidated public associations, most associations that decided on self-liquidation during the monitoring period had recently interacted with registration authorities, such as by submitting reports for the previous year or amending their charters to comply with legal requirements. Of the eight public associations that opted for voluntary liquidation, six submitted the required annual reports to the registration authority in 2023. During the monitoring period, two non-governmental institutions decided to undergo voluntary liquidation. One of them, the Information and Education Center «Bridge» for adult training in rural entrepreneurship, was registered in July 2021, and the other, the Social and Educational Center «Family Support and Preservation of Family Values,» was registered in May 2022. Previously, on September 30, the founder decided to liquidate the Information and Consultation Center for Sustainable Regional Development «Initiative Fair,» registered in February 2024.
Administrative and criminal prosecution of the leadership and members of civil society organizations, and activists
In connection with the performance of their professional activities, participation in civil society organizations, and the manifestation of civic activism, 6 human rights defenders, dozens of representatives of civil society organizations, and religious organizations, and 34 representatives of trade unions and the labor movement continue to serve prison sentences[2]. Pressure on representatives of religious organizations continues.
The authorities continue active efforts to suppress the civil activity of Belarusians forced to leave the country. For these purposes, criminal legislation on special (absentee) proceedings is widely used. At the end of October 2024, 121 people were included in the List of persons against whom special proceedings have been initiated and summoned to the criminal prosecution authority, with 53 of them charged (or already sentenced) for leadership, creation, or participation in an extremist formation.
The Investigative Committee (IC) has declared additional 45 Belarusian citizens, who were forced to leave the country, as suspects. According to the IC, in order to secure new “grants” abroad, there is an ongoing active simulation of extremist formation activities, aimed at concentrating financial flows through the establishment of affiliated structures and the allocation of roles within a criminal group under the building of a “New Belarus” project. As part of these efforts, a new initiative, “Platform 2025,” was announced. Additionally, the IC identified 22 people who joined activities with Tsikhanouskaya and her supporters to seize state power in Belarus unconstitutionally; they are now suspects under Part 1 of Article 357 of the Criminal Code (conspiracy or other actions committed with the aim of seizing or retaining state power unconstitutionally). Twenty-three individuals have been declared suspects under Part 3 of Article 361-1 of the Criminal Code (creating or participating in an extremist formation) due to their participation in the event “Day of Dignity 2024” (August 9, 2024), organized by members of the extremist formation “People’s Embassies” and its structural subdivision “Belarusians Abroad” in various countries.
The use of legislation to combat extremism as a form of pressure on civil society organizations
Legislation on combating extremism continues to be actively used against representatives of civil society organizations: prosecution for money transfers to solidarity funds, assistance to political prisoners and their families, including criminal prosecution, recognition of public initiatives as extremist formations, and information resources, social networks, etc. as extremist materials.
During the monitoring period, several items were added to the Republican list of extremist materials, including the Telegram channel «Общество Мемориал» (Memorial Community), the website and social media pages of «Актыўнымі быць файна» (It’s fine to be active), the Instagram account «partyzanka_official,» the Telegram channel «Probono — Contact Center for Assistance to Victims,» the website of the «Belarusian Sports Solidarity Foundation,» the Instagram account «Благодiйний Фонд «Вiльна Бiлорусь» (Charitable Fund “Free Belarus”),» the Telegram channel «Kropka» for diaspora communities, the Instagram account «belarusiancentre_lt,» the Instagram account «hub.belastok,» as well as informational materials published in groups such as «Diaspora of Belarusians of the World,» «Belarusian Canadian Alliance,» and the Telegram channel «Les Belarusses En France.
During the monitoring period, the educational initiative «School of Leadership» and the women’s project «Girl Power Bel,» along with the «International Committee for the Investigation of Tortures» and «Актыўнымі быць файна» (It’s fine to be active), have been included in the List of organizations, formations, and individual entrepreneurs involved in extremist activity.
Legislation and Practices Regarding Non-governmental Organizations
By the Resolution of the Council of Ministers of the Republic of Belarus on October 9, 2024, No. 742 «On the Agreement for Providing Gratuitous (Sponsorship) Assistance,» new requirements were introduced and a new form for the agreement of gratuitous (sponsorship) assistance was established. These changes were made in development of the latest version of Decree No. 300 «On Gratuitous (Sponsorship) Assistance» of July 1, 2005. Unlike the revised version of Decree No. 300, which expanded the purposes of receiving and using gratuitous (sponsorship) assistance, the Resolution introduced only minor changes to the requirements for the contract. Specifically, it did not eliminate the necessity to specify a list of goods, works, and services acquired with the assistance. The new requirements and the new contract form came into force on October 13, 2024. Contracts signed before October 13 continue to be valid.
By the Ministry of Justice’s resolution on September 16, 2024, No. 67, amendments were made to the Ministry of Justice’s resolution from August 3, 2005, No. 42 “On Forms of Documents Regarding State Registration of Funds”, and new forms for the state registration of funds were approved.
It is worth noting that funds are currently the least popular form of public initiative legalization in Belarus. According to Lawtrend, as of October 31, 2024, approximately 122 funds were registered, with at least 5 registered in 2024. Four of these funds are charitable, and one was established by a former Polish judge, who applied for political asylum in Belarus in May 2024. The fund’s mission is to strengthen friendship, understanding, and agreement between the citizens of the European Union, Belarus, and Russia, as well as to help protect citizens whose rights are violated within the EU.
Several lawsuits were filed by the Main Justice Directorate of the Minsk City Executive Committee to suspend the activities of public associations (according to the «Law on Public Associations,» activities can be suspended for a specific period to correct violations after a written warning). These associations include the Sports Public Association «Wrestling Club ‘Wrestling Style’,» the Public Association «Federation of Power Extreme and Barefoot Powerlifting,» and the Public Association «Sports Without Borders.»
Efforts to establish cooperation with some NGOs that remain registered in Belarus continue, integrating them into the state-public sector. Representatives of NGOs are invited to various events, and joint activities are organized by state bodies and NGOs. For example, on October 15-16, the International Forum «Healthy and Active Longevity: Medical-Social Aspects and Opportunities for Humanitarian Cooperation» took place in Minsk, organized by the Belarusian Association of Social Workers with the support of the Department for Humanitarian Affairs of the Presidential Administration of Belarus, the Ministry of Labor and Social Protection, the Minsk Regional Clinical Hospital of Veterans of the Great Patriotic War named after P.M. Masherau, the UN Population Fund in Belarus, and the International Public Association «Mutual Understanding». An online fair of social projects was held as part of the forum, a traditional event for the Belarusian Association of Social Workers, which previously involved a broad range of NGOs in Belarus.
The Ministry of Justice has resumed holding seminars for representatives of public associations. On October 26, an online seminar was held to clarify issues related to the activities of these organizations and their interaction with state authorities.
The Department for Humanitarian Affairs is also intensifying efforts to attract foreign aid. A meeting of the Public Council on Foreign Gratuitous Aid at the Department for Humanitarian Affairs of the Presidential Administration of Belarus was held, where issues of cooperation between state and public organizations in the regions and Minsk were discussed, particularly for attracting foreign aid for socially significant purposes. At the end of last month, the Department for Humanitarian Affairs, in collaboration with the Ministry of Education, held a training seminar on «Attracting and Using Foreign Gratuitous Aid in the Education Sector.»
[1] The monitoring only records cases of forced liquidation and self-liquidation of non-governmental organizations (NGOs), and quantitative data does not include government institutions or republican state-public organizations. Consumer cooperatives, and other organizational and legal forms of NGOs besides public associations, foundations, religious organizations, private institutions, and associations are also not taken into account.
[2] Examples of civil society organization representatives serving prison terms, as well as information on individuals listed in extremist and/or terrorist registries can be found in Lawtrend’s monthly reviews of the situation with freedom of association and the situation of civil society organizations, for example, for May 2024. Information about detained trade union members and trade union activists is published based on Solidarity data.