The significant amendments to the Constitution of Belarus adopted in 1996, 2004 and 2022 after holding referendums destroyed the balance of powers between the authorities and subsequently concentrated all power in the hands of the President.
The European Commission for Democracy through Law (the Venice Commission) has stated that this only exacerbated the lack of democracy in a country where the President already had excessive powers and no adequate checks and balances were secured.
Therefore, the Civil Constitution Commission, headed by Sviatlana Tsikhanouskaya’s Representative for the Constitutional Reform, is working on a draft Constitution for New Belarus and draft laws in its furtherance.
The Constitution of New Belarus is a modern European constitution, which will ensure the transition from an authoritarian to a democratic, parliamentary form of government, based on the rule of the people, regular, fair and free elections, separation of powers and respect for human rights – and will lay the foundation for the development of Belarus for decades to come.
Read the draft Constitution of New Belarus and join its discussion here: https://kanstytucyja.online/index.php/new-constitution.html
Constitutional reform will also require amendments to laws regulating the activities of legislative, executive, judicial authorities, local governments, independent supervisory bodies, and civil society institutions.
Below is a list of priority laws that need to be developed. Work on some of them is already underway:
1. Electoral Code;
2. Regulations of the Sojm (Parliament) (https://kanstytucyja.online/index.php/reglament-sojma.html);
3. On the President;
4. On the Government;
5. On local self-government;
6. On the Constitutional Court;
7. Code on the Judiciary and the Status of Judges;
8. On the National Council of Justice;
9. On the Bar and the Practice of Law;
10. On the Prosecutor's Office;
11. On the Ombudsman for Human Rights;
12. On the Chamber of Control;
13. On the Committee for the Supervision of the Intelligence and Security Services;
14. On the Committee on Public Service Ethics and Countering Corruption;
15. On political parties (https://kanstytucyja.online/index.php/zakon-o-politicheskikh-partiyakh.html);
16. On public associations;
17. On freedom of religion and religious organizations;
18. On trade unions;
19. On media.
As the Office seeks to create a vision of New Belarus, it would appreciate every opinion. Belarusians are invited to discuss the draft of the Constitution and laws which are already available or send their draft bills to constitution@tsikhanouskaya.org. The Office will facilitate their public discussion.
