The Venice Commission assesses national laws and bills so that they defend the people and ensure the observance of people's rights. The Commission is a tool for constitutional-making in countries transitioning to democracy.
Today, the Venice Commission issued its Urgent Interim Opinion on the regime-pushed constitutional reform in Belarus. The Commission's report notes the following:
– The regime’s draft Сonstitution fails to provide for the rule of law and independent judiciary. Prosecution service remains Soviet-styled.
– Free public debate was reduced to a formality, and dissidents were not allowed to the process.
– The president retains control over the parliament. The parliament remains a poor institution that can be dissolved by the president on extensive grounds.
– The president can concurrently hold the position of chairman of the All-Belarusian People's Assembly. This layout exacerbates the lack of a real separation of powers and indicates further concentration of powers in the hands of one person.
– The Assembly, whose members are not elected, becomes a parallel government, which functions in parallel with the ministry and parliament. Moreover, it can dismiss them on the president's proposal.
– The draft amendments not only preserve the status quo, but also strengthen the president's current constitutional position.
In Conclusions, the Venice Commission notes that the proposed amendments can not redress the strong imbalance of powers that already exists under the current Constitution, and will only aggravate it.
At the same time, the Venice Commission endorses the draft People's Constitution developed by the Public Constitutional Commission under the leadership of Anatoli Liabedzka, Sviatlana Tsikhanouskaya's Representative for the Constitutional Reform and Parliamentary Cooperation. Experts noted that the project “represents a more balanced view of the principle of power-sharing.” The position of the Venice Commission proves that Belarusians must prevent the adoption of the regime’s Constitution and continue the struggle for the release of political prisoners, new elections, and the democratic transition.
Ms. Tsikhanouskaya’s Special Representative on Elections Alexander Shlyk commented on the verdict of the Venice Commission: “Not only the process of holding the referendum, but also the contents of the proposed amendments do not meet international standards.”
Read the text of the Venice Commission’s Opinion.
