Listen to the audio of the seventh annual Justice Stephen Breyer Lecture on International Law here.
Standing up for Democracy Worldwide—But How?
“Thank you for this kind introduction.
Before I turn to my remarks, I would like to wish happy Passover to Jewish People around the world. This is a true inspiration for those seeking freedom. Chag Sameach!
I am honored to deliver the 7th Annual Justice Stephen Breyer Lecture on International Law and I am truly grateful to speak in front of such a distinguished audience.
I am not a lawyer or a legal expert, not a “trained politician”.
I am just a proud citizen of my country who has learned the value of democratic principles, rule of law, and justice through my own life experiences.
I am here first and foremost as a Belarusian who wants positive change for my country and its people.
Last year’s electoral campaign marked the beginning of my personal journey.
I am humbled that my story has inspired so many people in Belarus and around the world, including here in the United States.
A question asked repeatedly by this audience in the past few years – “Is Democracy in Decline?” According to a recent Freedom House report, “in every region of the world, democracy is under attack by populist leaders and groups that reject pluralism and demand unchecked power to advance the particular interests of their supporters, usually at the expense of minorities and other perceived foes.” The year 2020 was recognized as the 15th consecutive year of decline in global freedom.
This situation poses global challenges to all forces that value democracy. Therefore, the experience of a nation, which is willing and ready to fight for freedom and justice, has a special significance. Belarusians who have clearly expressed their desire for freedom represent a powerful ongoing case. It can explain, if not all, many problems and challenges facing democratic societies around the world.
But before turning to the international context, I would like to explain why I am deeply concerned that Belarus has turned into a country of lawlessness.
In the country of lawlessness, we are dealing with a human rights crisis of unprecedented proportions, worsening by the day. One of the key elements of this crisis is a total collapse of the rule of law or — as we call it in Belarus – a legal default.
As of today, over 33 thousand have been detained, more than 1000 cases of torture documented, and we have close to 300 political prisoners and counting. More than 2,500 criminal cases have been initiated against journalists, human rights defenders, activists, and peaceful protesters. At least eight protesters were killed.
Just yesterday, when Belarusians celebrated Freedom Day more than 240 people were detained all over the country.
We are faced with the repressions Belarusians have not known since the Stalinist times. Meanwhile, not a single government official has been held accountable for the brutality, repression, torture, and murder.
In the country of lawlessness, civil society activists, human rights defenders, and independent journalists have faced unparalleled harassment and ill-treatment. Police raided the offices of Viasna Human Rights Centre, the Belarusian Association of Journalists, and Belarus Solidarity Foundation with many detained. Homes of activists and their relatives have also been searched and raided.
In the country of lawlessness, defense attorneys are under pressure. They are often the only connection between political prisoners and their families. Instead of defending its members, Belarusian Bar Association has been intimidating such attorneys. This lack of access to independent defense counsel severely limits the right of Belarusians to a fair trial.
The government has launched the process of recalling several attorney's licenses. Alyaksandr Pylchenka who represented presidential candidate Viktar Babaryka. Liudmila Kazak who represented Maryia Kalesnikava. Siarhej Zikratski who has been defending several journalists. Maxim Znak who was my legal counsel and who is now facing 12 years in prison on trumped-up charges. Even my husband's lawyer, Olga Baranchyk, won't be able to represent him in a month's time. He is facing 15 years in prison.
Democracy, the rule of law, justice – once deficient or absent – can become the core of the conflict between the state and the people.
If there was even an aspiration for democracy in Belarus, the elections would have been free and fair.
Instead, when the people cast their votes, they were blatantly disregarded. This happened before in Belarus. But this time Belarusians clearly witnessed how their right to choose leaders had been violated.
Since August 2020 our people have peacefully expressed their disagreement demanding a new democratic Belarus where they participate in governance and their rights and freedoms are respected. And they pursue this goal with unity and persistence.
The unity of the entire society in its aspiration for change is evident. Led by women, our protest movement is inclusive and diverse. The strength and vulnerability of Belarusian women defy the regime's violent rhetoric and methods. Workers, athletes, teachers, doctors, scientists, students — have all come together.
The persistence of Belarusians is demonstrated by the acts of everyday heroism: displaying the national white-red-white flag, decorating backyards with ribbons, standing in a solidarity chain, jointly paying fines of those arrested, attending court hearings to support the people they have never met before.
Our senior citizens lead younger generations by example. One of them is Nina Bahinskaya – a real symbol of endurance. People with disabilities demonstrate that their abilities are limitless in fighting for the entire country and human dignity.
Belarusians have been protesting despite the possibility of injury, loss of employment, expulsion from the country, and even murder.
If there was the rule of law in Belarus, the government would have been constrained in how it responds to people's protest, and the freedom of assembly would have been respected.
Instead, Lukashenka and his subordinates unleashed unprecedented violence on their own people. Aliaksandr Taraikouski was the first victim of police brutality. He was standing with his bare hands and was shot point-blank by a police squad in Minsk.
Henadz Shutau was shot by military officers with no insignia in Brest. In all its absurdity, last month he was posthumously found guilty of disobeying a police order, while his killers remain unpunished.
If there was justice in Belarus, political prisoners, people who were beaten and tortured would have been released in the courtroom while real perpetrators held accountable.
Instead, day after day we learn about new sentences that are handed down to the people who did nothing wrong. We are back to 1937 when the verdicts were known before the trial, and the right to a fair trial was non-existent.
A former special operations military officer and an artist, Raman Bandarenka was murdered by the regime cronies in his own backyard for protecting our national symbols. This case shook Belarus and the world. As part of the cover-up, the regime tried to silence the doctor Artsiom Sarokin. Despite this pressure, he declined to falsify the autopsy and disclosed the true cause of Raman’s death. He received a 2-year prison sentence for upholding his oath.
Two female journalists Darya Chultsova and Katsiaryna Andreyeva were convicted of “organizing actions grossly violating public order” and were sentenced to two years in prison. Their crime was in live streaming a vigil for Raman.
All the while, I am very proud that despite all the state terror, violence and cruelty by authorities, and general lawlessness, our protest has remained peaceful. Our demands have been consistent and firm: an immediate end to violence and repressions, the release of all political prisoners, and free, fair, internationally observed elections by fall 2021.
Now I would like to speak about the international response to the crisis in Belarus.
The international community has taken a principled stance on the 2020 election in Belarus, refusing to recognize its officially declared results as legitimate. The US called the elections “fraudulent.” The EU concluded that the election campaign was “neither free nor fair” and did not recognize Lukashenka as a legitimate leader.
The cooperation between a new democratic Belarus and its international partners will be based on universal values of democracy, rule of law, respect for human dignity, and equality. However, these values have been under pressure worldwide, including in the West.
The challenges to democracy and human rights in Belarus are not new, they are deeply entrenched in the fabric of the political system. This system has mastered the art of manipulating public opinion and election rigging. This system severely limits the freedom of speech and association. Opposition candidates are eliminated, imprisoned, or are forced into exile. The Parliament is a sleepy rubber-stamp institution composed of hand-picked regime supporters, while all the branches of power are subordinate to one person.
The ambition of this one person and his small group of collaborators to remain in power should not deprive the entire nation of developing constructive relations with its neighbors and strategic partners. Lukashenka’s foreign policy has never served our national interests. The new foreign policy of Belarus will pay close attention to relations with our neighbors, which include not only East and West but also North and South. This is where an untapped potential for our economic development is hidden in plain view.
It is crucial that the international community stays true to its own principles, priorities, and policies. Consistency is a key in any complex international undertaking and Belarus has a history of an early positive international response to promises and assurances of actors without credibility.
It is very important for those fighting for democracy to feel the continuity of attention and support from the international democratic community. In the past, after the outpouring of attention, the status quo would set in. Or as in the Belarus example around 2014, West made its democratic strive secondary when it decided to make a deal with a proven devil and improve relations with Lukashenka. At that time, Belarusian civil society received very little support and was doomed to survival mode. Partially this is the reason civil society infrastructure was not prepared for the events of 2020.
And while all countries and systems face their own challenges, we need to reassert that the crisis in Belarus is a matter not only of Belarusians. It is in the interest of all international communities to have it resolved through peaceful means and negotiations and to avoid further escalation. A precondition to this engagement is to make sure that the international community remains focused on resolving this crisis.
Actions must be swift, practical, and efficient. For example, it took months for concrete actions from the international community in response to the regime crackdown of protests. But flexibility and prompt action-oriented response are very important to sustain the protest momentum — as we had it in the fall of 2020. It also demonstrates to dictators that their actions will have practical consequences. Often, not just the severity of the sanctions, but their inevitability and speed can be impactful in containing the authoritarian power.
Over the past seven months, I have met with a great number of decision-makers who have been very supportive of the Belarusian cause. I cannot but emphasize that the efforts of the international community, including political, financial, and economic pressure, are directly connected to the progress in setting up negotiations on the peaceful transition of power in Belarus. In these efforts, we ask you to speak with one voice, as a global coalition of friends of the Belarusian people.
Last week, I announced a national vote, and within a week 750 thousand people voted online to support such negotiations through international mediation under the auspices of the UN or OSCE. We would welcome a constructive role of all nations, including the Russian Federation, on the basis of respect for the sovereignty and independence of Belarus.
Based on the OSCE Moscow Mechanism Report, on March 24 Denmark, Germany, and the UK established an international investigative mechanism to collect evidence on human rights abuses. No one has been held responsible in the well-documented cases of torture and ill-treatment in the crackdown by the security forces on political dissent. Hence, this confirms allegations of general impunity. The UN has recently strengthened the mandate of the High Commissioner for Human Rights to fight the impunity of the regime, including his special forces. I view this as an important step forward. But most importantly, people in Belarus need to see justice served for those responsible for violence and torture.
If I had to summarize what the international community can do, I would have them focus on solidarity, support, and consistency.
The international solidarity with Belarusians in their pursuit of freedom and democracy has been overwhelming and it should be converted into concrete actions. The Belarus Democracy, Human Rights, and Sovereignty Act of 2020, introduced shortly after the crackdown began, was enacted into law within just three months with overwhelming bipartisan support. It created a broader framework to address the current situation, including sanctions, assistance for civil society and independent media, and efforts to reveal the scale of financial abuse by Lukashenka and his cronies. The European Union has adopted its own country-specific targeted restrictive measures.
Sanctions do send a strong signal to abusive regimes and individual perpetrators. The next round must target the so-called Lukashenka wallets – oligarchs who he installed to handle his financial cut. Such measures should also target those who have been at the core of the repression machine: judges, prosecutors, investigators, and state propaganda.
But the key element of the sanctions is their conditionality. It is paramount that any suspension of sanctions must be strictly conditioned by the progress in resolving the ongoing crisis. These would include all of the following: the end of the violence, unconditional release of the political prisoners, restoration of the rule of law, and launch of a genuine dialogue between the legitimate representatives of Belarusians and the regime.
Belarusians need support, especially the civil society and grassroots movement, human rights defenders, independent media, unions, and businesses. As the European Union has drafted a Comprehensive Plan to support Belarus during the transition and after free elections, the US should join this work to start developing a joint Marshall Plan for Belarus. We need to be prepared.
I am encouraged to see that the Biden administration is emphasizing that its foreign policy will make human rights and democracy a priority. We believe that the United States has an exceptional standing to lead by example and possesses unique leverage to align the positions and coordinate the international community’s practical steps on Belarus’ situation.
In the meantime, some might want to try to capitalize on the weakness of Lukashenka by advancing their own interests contrary to the will of the Belarusian people. Therefore, it is essential that the United States, European Union, the United Kingdom, Canada, and other like-minded nations, call on the international community not to sign any international agreements with the Lukashenka regime, since doing so would contradict the will of the Belarusian people and undermine the sovereignty of Belarus. Similarly, it should be considered that any contracts to purchase Belarusian state-owned enterprises with an illegitimate president Lukashenka, might be revised and void.
Ultimately, all the measures and steps taken in the international arena should prioritize the start of the dialogue as the main objective. Such a dialogue in its turn should lead to new free and fair elections with international observation.
Belarusians need space and appropriate conditions to rightfully choose their leaders in a competitive process and ensure that the results of the elections are credible and recognized by the international community.
Most importantly, Belarusians must fully own the results of a peaceful transition of power to open a new chapter in the history of their country.
Thank you”.
