On March 23, the Canadian Permanent Representative to the OSCE delivered a joint statement on behalf of delegations from 38 participating states calling for invoking the Moscow Mechanism for Belarus. Kristina Rikhter, Sviatlana Tsikhanouskaya's advisor on legal issues, explains what the Moscow Mechanism is and how it will impact Belarus.
- What is the Moscow Mechanism?
The OSCE Moscow Mechanism is a special tool of the OSCE's work in countries that grossly and systematically violate human rights. It involves establishing a mission or appointing rapporteurs to study evidence, interview witnesses and possible victims of human rights violations, and, after gathering materials, provide recommendations to the country in which the violation is occurring as well as to the other OSCE member states.
Up to now, this mechanism has been invoked for Belarus twice, last time in September 2020. The regime refused to cooperate with the OSCE within the framework of the Moscow Mechanism. However, the appointed rapporteur, Prof. Dr. Wolfgang Benedek, prepared a comprehensive report within his mandate.
- What are the implications for Belarus and the Belarusian people?
The invocation of the Moscow Mechanism indicates the concern of the OSCE member states about Belarus systematically ignoring its international human rights obligations. In particular, the joint statement notes that Belarus has completely ignored the recommendations made by the previous mission over two years ago. On the contrary, the Lukashenka regime has become even more ruthless towards its political opponents, which has been documented in the recent report by the UN High Commissioner for Human Rights.
By implementing the Moscow Mechanism in relation to Belarus, the OSCE has identified the areas for the mission to focus on.
- These areas include:
– the arrest of nearly 1500 political prisoners, whose number keeps growing;
– intimidation, persecution, arbitrary or unlawful arrests, detention, and imprisonment of human rights defenders, political opposition members, journalists, and other media representatives, lawyers, trade union activists, persons belonging to national minorities, and civil society groups;
– declaring thousands of citizens and organizations extremist and shutting down almost all independent non-governmental organizations;
– insufficient access to legal and medical assistance for arrested and/or detained persons;
– lack of proper legal procedure and respect for the right to a fair trial, provided for by the International Covenant on Civil and Political Rights. This includes the retroactive effect of the laws and special in-absentia criminal cases against persons residing outside Belarus;
– torture and other kinds of cruel, inhuman, or degrading treatment and punishment of persons in custody, including sexual and gender-based violence;
– excessive use of force against peaceful demonstrators, including those protesting against Belarus' support for Russia's aggressive war against Ukraine;
– eradication of independent trade unions;
– efforts to silence independent media and strictly restrict access to information, including through internet surveillance and censorship;
– systematic toughening of legislation restricting political freedoms, as well as court convictions contrary to the norms of the rule of law and aimed at restraining and punishing dissenters;
– extending the death penalty to vaguely defined “attempted terrorist acts and murder of government officials or public figures”;
– and impunity for human rights violations and abuses described above.
The member states have given the regime the opportunity to appoint a co-reporter to the mission. However, based on Belarus' previous communication with the OSCE, the regime is likely to ignore this opportunity.
“The report prepared by the mission is not just a document to record human rights violations in Belarus and provide recommendations for the country. It will determine the further policy of OSCE member states in relations with the regime and will become another argument in favor of holding those responsible for unleashing terror against peaceful citizens accountable. The mission's findings can be used as evidence in the tribunal against Lukashenka and his accomplices for the crimes they have committed,” – Sviatlana Tsikhanouskaya's advisor Kristina Rikhter stressed.
