Ukraine: Poroshenko win a sign of national unity but not a final remedy

Petro Poroshenko at a polling station (Photo: Oleksandr Ratushniak/Demotix)

Petro Poroshenko at a polling station (Photo: Oleksandr Ratushniak/Demotix)

Petro Poroshenko has won the Ukrainian presidential election in the first round, as preliminary results and exit polls show he received over 50% of votes. A billionaire, sometimes dubbed “the Chocolate Oligarch” (his main asset is Roshen, the largest confectionery manufacturer in Ukraine) gained his popularity during the Euromaidan protests in November 2013 – February 2014. Many in Ukraine consider Poroshenko to be a controversial figure as the head of the country; he represents a revolutionary, pro-European, but still old, oligarch-driven elite, and a system the Euromaidan protests were aimed against. Yet, the huge support he received shows Ukrainians are tired of the period of uncertainty, and united to give their country a new legitimate leader who can deal with unrest in the south-east regions, where pro-Russian militants continue their attempts to destabilise the situation.

Poroshenko’s first-round victory is a sign of national agreement, but is hardly a final remedy for all the problems Ukraine faces, both externally — like the military threat from Russia, including the occupation of Crimea — and internally. The latter applies not only to economic difficulties, but also to the necessity of extensive reforms that deal with the whole system of interrelations between the state and the society, ensuring real rule of law and putting end to corruption and human rights abuses.

Events in Ukraine over the last six months have made the country one of the most dangerous places for journalists in the world. According to the Institute of Mass Information, there have been 218 cases of physical attacks against reporters in Ukraine in 2014. Viacheslav Veremiy, a reporter for Ukrainian Vesti newspaper, was shot during events on Maidan on 19 February. Vasily Sergiyenko, a journalist and a civic activist, was tortured and then killed in Cherkassy in April. The death toll continued to rise even on the eve of the election, as Andrea Rocchelli, an Italian photo reporter, and his interpreter Andrei Mironov, a Russian human rights activist and a Soviet-era political prisoner, were killed on 24 May near Slovyansk, in the Donetsk region.

“It is still difficult to say if the free speech situation will improve after the election, especially in the east of Ukraine. It will depend on effectiveness of work of the new president and development of relations with Russia,” Tetiana Pechonchyk, the head of the Human Rights Information Centre, told Index on Censorship.

But it is not only the areas of military conflict that are dangerous for journalists. Sergiyenko’s murder and the case of Evgen Polozhiy, the editor of Panirama newspaper from Sumy, who was severely beaten, show reporters’ work is becoming increasingly risky business in Ukraine.

“There were quite a number of journalistic investigations before the Euromaidan, but they led to no official reaction or criminal cases about corruption revealed. Now that the society has changed, corrupt officials and criminals are especially afraid of critical reporting as they can lose their positions or even go to prison; they choose different methods to silence investigative journalists,” Pechonchyk says.

Another important aspect of a media reality around events in Ukraine is the massive information war, launched by Russia. The aim is to show a distorted picture of a modern Ukraine as a state where right-wing extremists and “fascists” seized power, in spite of the fact that the leader of the notorious “Right Sector” organisation got less than 1% of votes during the presidential election. They also aim at perplexing the foreign audience by mixing the terms “Russian-speaking” and “Russian”, for instance to justify invasion of Crimea or actions of pro-Russian militants in Donetsk region.

“That’s what you expect Russia to do — blow the country over with lots of stereotypes, lies and myths. Unfortunately, the Ukrainian government lost this information war. But what is great is that civil society, bloggers, ordinary young people on Facebook confronted Putin’s lies with their activity and creativity, with websites that disprove Russian TV channels’ propaganda or fake news,” says Michael Andersen, a journalist who made a documentary for Al Jazeera about typical stereotypes around Ukraine and Ukrainians.

The latter still have a long way to go to ensure the Maidan changes a lot more than just the name of the president and the faces of the governmental officials. Civil society and the media have a vital role to play on this path to future reforms.

This article was published on May 27, 2014 at indexoncensorship.org

Hockey championship in Belarus: Lukashenko puts activists on ice

(Photo: Ivan Uralsky / Demotix)

(Photo: Ivan Uralsky / Demotix)

Authorities in Belarus have been targeting human rights activists ahead of this weekend’s start of the International Ice Hockey Federation’s world championship in Minsk.

At least 17 political and civic activists were detained between 26 April and 6 May to prevent the organising of protests during the championship, which begins on 9 May. Another five are either in detention or being sought for questioning by police. All have been accused of minor hooliganism and sentenced to administrative detention of up to 25 days.

Such “preventive arrests” are common in Belarus. One of the activists, Pavel Vinahradau, who is known for his numerous detentions, opted to leave Minsk until the end of the championship. He had previously been summoned by the police: “They made it clear that either I go to Berezino (a small town 100 km outside Minsk) till 3 June, or I go to Akrestsina (a detention centre in Minsk). I choose Berezino,” Vinahradau wrote on Facebook.

A website called Totalitizator asks its visitors make predictions about which activists will be detained next, for how many days and on what charges. For people who follow political news in Belarus it is not difficult to make a choice.

Potential foreign “troublemakers” are also being kept away from the tournament. On Wednesday, Martin Uggla, a human rights activist from Sweden, was denied entry to Belarus when he was detained at Minsk-2 National Airport. According to temporary visa-free travel requirements, hockey supporters with valid game tickets do not require visa. Despite the fact Martin had one, border guards told him he was being prohibited from entering the country.

Belarus’ president Alexander Lukashenko is known for his love for hockey – and his unfulfilled desire of a real international profile. Consistent tensions with the Western democracies and an unwillingness to ease his authoritarian grip has deprived Lukashenko’s international relations of impact. Fifty-six of the president’s last 100 international visits were to Russia and Kazakhstan, though he has travelled to Turkmenistan, Venezuela, China and Cuba, as well.

The ice hockey championship in Minsk is set to become Lukashenko’s marquee performance on the world stage. That is why the government is rounding up activist voices. Lukashenko wants to present a calm, hospitable and prosperous country led by a wise and caring leader. The picturesque façade cannot hide the problems afflicting Belarus: An unsustainable economy hooked on huge Russian subsidies and a dismal human rights record.

Belarus remains the only country in Europe that still imposes the death penalty. On 18 April, 23-year-old Pavel Sialiun was, according to reports, executed. Sialiun’s case is still under review by the UN Human Rights Committee.

Nine political prisoners are still in jail in Belarus, including well-known human rights defender Ales Bialiatski, and former presidential candidate Mikalay Statkevich. A recent report by FIDH says they are in a critical situation. Many dissidents suffer regular restrictions to “their means of support, quality of food and medical assistance”, including being deprived of meetings with relatives and subject to limits on correspondence.

“Politically motivated persecution of civil society representatives and of the opposition is a general trend, and the limitations on political and civil rights of Belarusian citizens are pervading, both in national legislation and in practice,” says another statement by 12 human rights groups that represent the ice hockey championship participating countries.

But people who raise these issues are not welcome in Minsk these days. Even foreign journalists who are accredited for the championship are obliged to receive a separate accreditation at the Belarusian Foreign Ministry if they wish to cover issues other than hockey while in Belarus.

But many in the country fear the real issues to cover will appear after the championship is over on 25 May.

“Putin invaded the Crimea four days after the Sochi Olympics. Let’s see if Lukashenko will be that quick with another clampdown on civil society. But I am sure he will settle all accounts with us after the championship,” a leader of one Belarusian NGOs told Index in Minsk last week.

Next year, the country will vote in the presidential election. So there is more ice to come in Belarus after international hockey is gone.

An earlier version of this article specifically stated that both Ales Bialiatski and Mikalay Statkevich have been deprived of meetings with relatives and subject to limits on correspondence. While this may have been true in the past, we have not been able to confirm that this is currently happening to the pair.

This article was posted on May 8, 2014 at indexoncensorship.org

Belarus must immediately reform its approach to media


Join Index at a presentation of a new policy paper on media freedom in Belarus on 19 February, 2014, 15.00 at the Office for Democratic Belarus in Brussels.


This article is the fifth and final of a series based on the Index on Censorship report Belarus: Time for media reform.

Analysis shows there have been no visible improvements of Belrusian media freedom during in recent years. The state continues to dominate the broadcast media market and preserves tight control over printed publications. State-owned media are used as a tool for government propaganda, while the independent socio-political press faces discrimination. The internet re-shapes the news media market as it provides new opportunities for free flow of information and ideas, but its full-scale development as a free speech domain is hindered by economic peculiarities and attempts of state regulation.

Despite continuous calls for reforms from Belarusin civil society and the international community, media-related legislation remains restrictive and fails to foster the development of pluralistic and independent news media in Belarus. Other laws, such as defamation articles of the Criminal Code, anti-extremist or state secrets legislation are also used to curtail media freedom, restrict access to information and prosecute journalists. Despite the recent talks between Belarus’s Foreign Ministry and the Office of the OSCE Representative on Freedom of the Media, the authorities of the country remain reluctant to discuss any possible legal reforms of the media field with civil society and professional community.

Physical safety of journalists and impunity remain serious problems that have a chilling effect of media freedom in Belarus. The most acute issue is police interference with journalistic activities and arbitrary detentions of reporters during mass street actions.

As Belarus remains one of the least free places in Europe for journalists and the media to operate, immediate reforms of the Belarus media field should be launched to end harassment and persecution of reporters, and eliminate excessive state interference in media freedom.

The European Union and other international institutions must place the issue of media freedom on the agenda of any dialogue with the Belarusian authorities to demand genuine reforms of the media for the country to live up to its international commitments in the field of freedom of expression.
Index on Censorship believes changes are needed to bring the Belarusian media-related legislation and practices of its implementation in line with the Constitution of the country and its international commitments.

Reforms of the Belarusian media field should be launched, including de-monopolising of the electronic media, introducing public service media and creating a competitive media market. The outline of these reforms should result from a dialogue with professional community and civil society of the country.

The practice of arbitrary detention of journalists, including those that cover street actions, should be immediately stopped. All cases of interference of the police and other state officials into legitimate journalistic activity should be investigated, and those responsible should be brought to account.

All forms of economic discrimination against non-state independent press should be eliminated, in particular:

• independent publications should be treated equally by the state system of press distribution and Belposhta subscription catalogues;
• the state has a pro-active duty to protect and promote freedom of expression and so should investigate anti-competitive practices including the charging of unequal prices for paper and the distribution services for publications for different types of ownership.
The Law of the Republic of Belarus “On Mass Media” must be reformed, in particular:
• to allow for independent self-regulation of journalism allowing reporters of both online and offline news media, including freelance journalists, to operate freely;
• registration procedures for new media outlets should be simplified to lift all the artificial restrictions for entering the media market;
• a possibility of extrajudicial closing down of media should be eliminated; the Ministry of Information should not have the authority to impose sanctions on media, including initiating of cases of closure of media outlets.

Six articles of the Criminal Code providing for criminal liability for defamation should be abolished:

• Article 188 “Libel”
• Article 189 “Insult”
• Article 367 “Libel in relation to the President of the Republic of Belarus”
• Article 368 “Insulting the President of the Republic of Belarus”
• Article 369 “Insulting the representative of the authorities”
• Article 369–1 “Discrediting the Republic of Belarus”

Equal and full access to information should be ensured for all journalists of both online and offline media. The institute of accreditation should not be used to restrict the right to access information. In particular, the existing ban for cooperation with foreign media without an accreditation should be lifted as it contradicts the Constitution of Belarus and its international commitments in the field of freedom of expression.

Several provisions of the Presidential Decree No 60 of 1 February 2010 on regulating the internet should be dropped in line with the recommendations in ‘Belarus: Pulling the Plug’ policy paper, along with various other edicts related to the implementation of the decree. In particular, owners of websites should be free to register them at any domain and host them in any country. News websites should not be black-listed and blocked.

Part 1 Belarus: Europe’s most hostile media environment | Part 2 Belarus: A distorted media market strangles independent voices | Part 3 Belarus: Legal frameworks and regulations stifle new competitors | Part 4 Belarus: Violence and intimidation of journalists unchecked | Part 5 Belarus must reform its approach to media freedom

A full report in PDF is available here

This article was published on 14 February 2014 at indexoncensorship.org

Belarus: Violence and intimidation of journalists unchecked


Join Index at a presentation of a new policy paper on media freedom in Belarus on 19 February, 2014, 15.00 at the Office for Democratic Belarus in Brussels.


This article is the fourth of a series based on the Index on Censorship report Belarus: Time for media reform.

One of the greatest chills on the freedom of expression in Belarus is the disappearance, murder, suspicious suicide and impunity against media workers that has demonstrated the very real physical risks that those who practice independent journalism in Belarus face. Since the beginning of Alexander Lukashenko’s presidency, a number of journalists have been murdered or died in suspicious circumstances to considerable international condemnation. Journalists today inside Belarus still face physical violence and threats. A number of high profile journalists have fled the country to protect their personal safety.

No progress has been made on investigations of the deaths of the journalists Dzmitry Zavadski (disappeared on 7 July 2000), Veranika Charkasava (brutally murdered on 20 October 2004), Vasil Hrodnikau (found dead on 18 October 2005), Aleh Biabenin (found dead on 3 September 2010). The public still has no clear answers over the circumstances of their deaths, nor have any of the perpetrators of these crimes been brought to justice. Zavadski’s body has never been found and instigators of his murder has never been identified and tried; Charkasava’s murderer has never been found and the investigation into the case was suspended; details of Hrodnikau’s and Biabenin’s cases have led their family and colleagues to question official results of the investigations. The European Parliament has called for a full investigation into Biabenin’s death.

“As long as even one journalist is prosecuted or intimidated for critical speech, the whole media community feels threatened and the chilling effect remains,” said the OSCE Representative on Freedom of the Media, Dunja Mijatović, during her official visit to Minsk in June 2013. Unfortunately, physical violence against journalists and preventing them from conducting of their professional duties have become one of the major concerns over the past several years in Belarus.

Detentions of journalists

The constitution of Belarus grants any citizen the right to gather and impart information. Moreover, Article 34 of the Law “On Mass Media” provides for the right of a journalist to be present “in the area of armed conflicts or emergencies, mass actions, in places of other socially important events and transmit information from there.”

Despite of these legal provisions, the arbitrary detention of journalists and the interference into their professional activities continues unabated, especially during street actions by civil society and the opposition. For instance, at least 24 journalists were detained and at least 21 were attacked and injured by the riot police on 19 December 2010 in Minsk while they covered a major rally by the opposition in Independence Square that protested against the results of the presidential election.

Monitoring by the Belarusian Association of Journalists noted at least 265 cases of the detention of journalists in Belarus in 2011-2013.
In 2011 there were 160 of such cases, and at least seven instances of use of physical violence by the police against journalists. The most significant number of detentions happened during the summer of 2011, during peaceful street actions organised by the Revolution Through Social Networks movement. At least 103 instances of detentions of journalists across the country were noted. The arrests were brutal; the police prevented reporters from filming the rallies, in some cases by using excessive force and damaging journalists’ professional equipment. At least 22 journalists who were detained while covering the actions were summoned to courts for alleged “participation in unsanctioned actions”, 13 of them served actual administrative arrests, and the rest were sentenced to fines.

In 2012, 60 cases of detention of journalists, distributors of non-state press and social media activists were noted. In most cases the detentions lasted for 2-3 hours, but in several cases they led to fines and detention for up to 15 days. At least 13 journalists received official warnings of prosecutors’ offices in 2012; most of them were warned for cooperation with foreign media without accreditation. At least four journalists were summoned for interrogation by the KGB.

In 2013 45 instances of journalists’ detentions have been noted as of November. Four of them led to administrative arrests of 3 to 12 days each. Prosecutors’ offices issues at least eight official warnings to journalists for their activities.

Leaders of the Belarusian Association of Journalists, Zhanna Litvina and Andrei Bastunets, met the head of Minsk city police Aliaksandr Barsukou on 23 October 2013 to discuss the issue of the police interference in journalists’ professional activities. During the meeting Barsukou noted the number of detentions of journalists decreased in comparison with 2011-2012. Just a week after the meeting, seven journalists were detained by the police in Minsk while covering the Mourning Marathon, an event to commemorate victims of Stalin’s repressions.

Travel restrictions

Several journalists and media experts were banned for travelling abroad by the authorities of the country in 2012. It became a new form of pressure on independent media community.

Zhanna Litvina, the chairperson of the Belarusian Association of Journalists, Andrei Dynko, the editor of Nasha Niva newspaper, and Mihas Yanchuk, a representative of Belsat TV channel, were denied the right to leave the country. Litvina was not allowed out at the Minsk National Airport; Dynko and Yanchuk were forced to leave trains on the borders with Lithuania and Poland respectively by Belarusian border guards. No legal grounds for such restrictions were provided; the ban was lifted only in September after appeals of the persons affected to courts. Officers of the department of citizenship and migration explained the situation as a software glitch. It is noteworthy that the alleged bug disproportionately affected independent journalists, opposition leaders and civil society activists.

Restrictions of activities of foreign correspondents

The authorities use different methods to restrict the distribution of information about Belarus’ internal situation abroad. Reporters for Belsat TV channel and Radio Racyja, a media operator based in Poland that broadcasts in the Belarusian language, have both been refused official accreditation to operate within Belarus. European broadcasters have also been affected. In March 2012 camera crews of SVT (Sweden) and TV3 (Estonia) television channels were detained in Minsk, despite both having being officially accredited in Belarus.

Several foreign journalists faced obstacles during the September 2012 parliamentary elections. Three hundred fifty foreign reporters were officially accredited to cover the elections, but four journalists from Germany and Sweden were denied entry visas. Two more Swedish journalists, Erik Von Platen and Gustaff Andresson, had to spend 16 hours at the Minsk International Airport before their accreditation was confirmed and their visas were issued. It is unclear what criteria the authorities apply to issue visas for foreign correspondents.

On the same day, 21 September 2012, Amos Roberts, Australian SBS TV journalist, was searched at the customs of the Minsk airport as he was trying to leave Belarus after a week of legitimate work in the country. His professional equipment was confiscated; the procedures of a search and confiscation were not followed. The journalist was allowed to leave the country the following day, but his equipment was not returned to him until one year later, in October 2013.

Physical safety of journalists and impunity remain serious problems that have a chilling effect of media freedom in Belarus. The most acute issue is police interference with journalistic activities and arbitrary detentions of reporters that cover mass street actions. At least 265 cases of the detention of journalists in Belarus in 2011-2013 are noted. The police chiefs are reluctant to recognise and address the problem, despite constant calls from Belarusian and international organisations.

Physical violence against journalists: Recommendations

The practice of arbitrary detention of journalists, including those that cover street actions, should be immediately stopped.

All cases of interference of the police and other state officials into legitimate journalistic activity should be investigated, and those responsible should be brought to account.

Part 1 Belarus: Europe’s most hostile media environment | Part 2 Belarus: A distorted media market strangles independent voices | Part 3 Belarus: Legal frameworks and regulations stifle new competitors | Part 4 Belarus: Violence and intimidation of journalists unchecked | Part 5 Belarus must reform its approach to media freedom

A full report in PDF is available here

This article was published on 13 February 2014 at indexoncensorship.org