EU and Belarus: Change the black list, keep the deadlock

themanyfacesofalex

The status quo between the European Union and Belarus remains in place. The EU Council prolonged its present sanctions against Belarusian officials last week.

On 29 October 2013 the Foreign Affairs Council of the European Union extended its restrictive measures against Belarus for one more year.

“This is because not all political prisoners have been released, no released prisoner has been rehabilitated, and the respect for human rights, the rule of law and democratic principles has not improved in Belarus,” the press service of the EU Council reported.

The EU reiterated its policy of “critical engagement” with the Belarusian government. At the same time, it updated the list of persons and companies, subjected to the EU sanctions. Thirteen people and five enterprises — all belonging to a Belarusian businessman Vladimir Peftiev — were excluded from the list.

Two more officials were added to the ban list in return: Aliaksandr Kakunin and Yury Trutko, who are the chief officers of Babruysk Correctional Institution No. 2, a prison where Ales Bialiatski, a famous Belarusian human rights defender, is serving a 4.5 year term.

At the moment the EU ban list contains the names of 232 Belarusian officials, including President Alexander Lukashenko, who were involved in human rights violations. They are banned from travelling in the EU; all their possible assets in the European Union must be frozen. The EU ban list also includes 25 companies owned by Yury Chizh and Anatoly Ternavsky, who are sometimes called “the bagmen of the regime.”

The decision of the EU to exclude from the “black list” 13 people, who no longer occupy their positions within the authorities of the country, was criticised by some representatives of Belarusian civil society.

“The reason they were included in the list was their participation to certain extent in human rights violations. For instance, there are several judges who passed politically motivated sentences to civil activists, involved in peaceful protests against the election fraud on 19 December 2010. Despite the fact they left their jobs, none of them has publically announced he or she regrets what they did and they are sorry. The reason why those 13 people were on the list is still there,” Uladzimir Labkovich, an activist of the Human Rights Centre Viasna, told Naviny.by.

Andrei Yahorau, the director of the Centre for European Transformation, thinks there is nothing new in principle in the EU Council decision.

“The reasons for the restrictive measures are still there, so it is natural the EU went on with them. But the changes in the ‘black list’ are purely technical. The issue with the list is not the changes themselves, but the closed way of compiling the list and making these changes. As there are no clearly defined criteria for inclusion to or exclusion from the ban list, such decisions give way to questions and unnecessary speculations,” Andrei Yahorau told Index.

The authorities of Belarus expressed a restrained approval to the EU decision. The Foreign Ministry welcomed shortening of the ban list, but stated the overall approach is still “anti-productive” and insists all sanction must be lifted. There is no change in attitudes towards the issues of human rights of the Belarusian government. For instance, on the day of the EU decision several journalists were detained in Minsk. The official delegation of Belarus confirmed once again at the session of the UN General Assembly in New York this week the authorities of the country do not recognise the mandate of the UN Special Rapporteur on the situation of human rights in Belarus, Miklós Haraszti, and are not going to cooperate with him.

The situation seems to be kept dead-locked, and Andrei Yahorau suggests Belarusian civil society “cannot blame the EU for the fact the situation in Belarus is not changing.” Despite the fact the European Union still lacks a clear and effective strategy towards the country, Yahorau believes “if no changes happen inside of Belarus itself, we should not expect anything from Europe.”

This article was originally posted on 5 Nov 2013 at indexoncensorship.org

What does state press control look like?

s630_PM-OGP-960

State control of the press is hot topic. On Wednesday, Queen Elizabeth signed off a Royal Charter which gives politicians a hand in newspaper regulation. This come after David Cameron criticised the Guardian’s reporting on mass surveillance, saying “If they don’t demonstrate some social responsibility it will be very difficult for government to stand back and not to act”.

But what does state control of the press really look like? Here are 10 countries where the government keeps a tight grip on newspapers.

Bahrain

Press freedom ranking: 165

The tiny gulf kingdom in 2002 passed a very restrictive press law. While it was scaled back somewhat in 2008, it still stipulates that journalists can be imprisoned up to five years for criticising the king or Islam, calling for a change of government and undermining state security. Journalists can be fined heavily for publishing and circulating unlicensed publications, among other things. Newspapers can also be suspended and have their licenses revoked if its ‘policies contravene the national interest.’

Belarus

Press freedom ranking: 157

In 2009 the country known as Europe’s last dictatorship passed the Law on Mass Media, which placed online media under state regulation. It demanded registration of all online media, as well as re-registration of existing outlets. The state has the power to suspend and close both non-registered and registered media, and media with a foreign capital share of more than a third can’t get a registration at all. Foreign publications require special permits to be distributed, and foreign correspondents need official accreditation.

China

Press freedom ranking: 173

The country has a General Administration of Press, Publication, Radio, Film and Television and an army official censors dedicated to keeping the media in check. Through vaguely worded regulation, they ensure that the media promotes and toes the party line and stays clear of controversial topics like Tibet. A number of journalists have also been imprisoned under legislation on “revealing state secrets” and “inciting subversion.”

Ecuador

Press freedom ranking: 119

In 2011 President Rafael Correa won a national referendum to, among other things, create a “government controlled media oversight body”. In July this year a law was passed giving the state editorial control and the power to impose sanctions on media, in order to stop the press “smearing people’s names”. It also restricted the number of licences will be given to private media to a third.

Eritrea

Press freedom ranking: 179

All media in the country is state owned, as President Isaias Afwerki has said independent media is incompatible with Eritrean culture. Reporting that challenge the authorities are strictly prohibited. Despite this, the 1996 Press Proclamation Law is still in place. It stipulates that all journalists and newspapers be licensed and subject to pre-publication approval.

Hungary

Press freedom ranking: 56

Hungary’s restrictive press legislation came into force in 2011. The country’s media outlets are forced to register with the National Media and Infocommunications Authority, which has the power to revoke publication licences. The Media Council, appointed by a parliament dominated by the ruling Fidesz party, can also close media outlets and impose heavy fines.

Saudi Arabia

Press freedom ranking: 163

Britain isn’t the only country to tighten control of the press through royal means. In 2011 King Abdullah of Saudi Arabia amended the media law by royal decree. Any reports deemed to contradict Sharia Law, criticise the government, the grand mufti or the Council of Senior Religious Scholars, or threaten state security, public order or national interest, are banned. Publishing this could lead to fines and closures.

Uzbekistan

Press freedom ranking: 164

The Law on Mass Media  demands any outlet has to receive a registration certificate before being allowed to publish. The media is banned from “forcible changing of the existing constitutional order”, and journalists can be punished for “interference in internal affairs” and “insulting the dignity of citizens”. Foreign journalists have to be accredited with the Ministry of Foreign Affairs.

 Vietnam

Press freedom ranking: 172

The 1999 Law on Media bans journalists from “inciting the people to rebel against the State of the Socialist Republic of Vietnam and damage the unification of the people”. A 2006 decree also put in place fines for journalists that deny “revolutionary achievements” and spread “harmful” information. Journalists can also be forced to pay damages to those “harmed by press articles”, regardless of whether the article in question is accurate or not.

Zimbabwe

Press freedom ranking: 133

The country’s Access to Information and Protection of Privacy Act gives the government direct regulatory power over the press through the Media and Information Council. All media outlets and journalists have to register with an obtain accreditation from the MIC. The country also has a number of privacy and security laws that double up as press regulation, The Official Secrets Act and the Public Order and Security Act.

This article was originally posted on 1 Nov 2013 at indexoncensorship.org.

Belarus: Cultural censorship as state policy

Members of the Belarus Free Theatre in fall 2012

Members of the Belarus Free Theatre in fall 2012

 

Keeping tight control over every sphere of social life is the general policy of the Belarusian authorities. This is true not only about politics, economy or media; arts and culture face censorship as well.

Music: to “black lists” and back

Rock music has always had social protest at its core. Belarusian state ideologists still keep this idea in mind. Lyrics written in the Belarusian language and popularity among opposition supporters are two features that can ensure a rock band gets in trouble.

The authorities of Belarus are not really inventive and sophisticated in the ways to silence the musicians they consider “harmful”. Unofficial “black lists” of rock bands and singers were introduced; they have not been openly public, but managers of radio stations or concert organisers and promoters are aware of them. No tracks of a “forbidden group” are broadcasted by FM-stations; no club organises a gig of a blacklisted artist, even if they know it will definitely be sold out.

During a press conference in January 2013 President Alexander Lukashenko publically asked the Head of his administration to provide him with this “black list” – suggesting there is not one.

“Believe me, I have never made any orders or requests to create any ‘black lists’ to restrict anyone from singing or dancing here. If someone pays such artists for them to heap dirt upon our country, I wish they sing to those who order such music. But I don’t know about any of these facts,” the country’s ruler told a journalist who asked the question.

“His will to get rid of ‘black lists’ might be genuine. We all got to the point when everybody wants to get rid of these black lists: musicians, audience, officials, even the president himself. But it is not easy to do, because the system is in place, and it is the system of fear that works autonomously; it is installed in the society so strongly that even Lukashenko himself barely controls it,” says Aleh Khamenka, a frontman of a famous Belarusian folk-rock band “Palac”.

He admits the situation changed a bit after the press conference in January. For instance, “Palac” was previously black-listed and had to perform under different names (e.g. “Khamenka and friends”) to be allowed on stage in Belarus; now they can openly organise concerts as “Palac” again.

But the “thaw” for rock musicians in Belarus has not been long. A new Presidential Decree, signed in June 2013, suggested an organiser of any concert must receive a special permission in a local Department of Ideology.

“De-facto, in many regions of the country such permissions were to be obtained even before the decree was signed. Now this method of censorship became law,” says Vital Supranovich, a musical producer.

Cinema “spoilt by censorship”

Production of most films in Belarus is funded by the state. But the question is whether anyone sees them.

“Quite a lot of movies are produced, but have you seen any of them? I doubt it. These movies are dull and not interesting for the audience, they are spoilt by existence of censorship. And state ideologists attempt to censor even films they do not fund, by putting pressure on production companies and trying to influence the content,” says Yury Khashchavatski, a Belarusian director, well-known for his documentaries about President Lukashenko and repressions against political opposition in Belarus.

Direct censorship is ensured by “professional propagandists”, who are appointed to manage cultural institutions. For instance, Uladzimir Zamiatalin, who used to be a chief ideologist of the Presidential Administration, was the CEO of Belarusfilm, the state cinema company of Belarus, for quite a long time.

“If you want to make a movie here, film something with a title like ‘Belarus is a country of true democracy’; thus you will be sure you are allowed to produce it without much interference,” says Khashchavatski.

Censorship goes far beyond production. Belarus has a special list of movies that are banned from distribution in the country. It used to be public, and was posted on the official website of the Ministry of Culture, but was deleted from there afterwards – “not to advertise those movies.” At the time it was public, the list included, for instance, Antichrist by Lars von Trier (that won a prize of the Cannes Film Festival) or movies by Tinto Brass.

Theatre: Online performances vs. censorship

Belarus Free Theatre is another example of how artistic freedom is restricted by the authorities of the country. Police officers are people who never miss its performances in Belarus: not because they are ardent theatre goers, but because they stop actors from performing.

“Every time the Free Theatre stages a play in Belarus, there come the police that stop the play. But this is just a visible part of restrictions; real repressions take place outside the stage. All our actors are fired from state theatres, expelled from universities; almost all of them were detained or arrested. We feel this pressure all the time,” says Nikolay Khalezin, the art director of Belarus Free Theatre.

He believes, the theatre is dangerous for the authorities, because it is independent and pays no attention to state censorship and demands from official propagandists. The price the BFT pays for this artistic freedom is harsh: the audience of their plays in Belarus is very limited; they can only stage small performances in tiny semi-clandestine premises they can find. Two of their new plays, Trash Cuisine and King Lear, that gathered huge audiences abroad, are impossible to stage in Belarus – not only because no theatre allows them in, but also because two of the actors were deported from the country in 2008 and are not allowed in.

“We have found new opportunities to present our work to Belarusian public. During Edinburgh Festival we organised live online broadcast of Trash Cuisine; it was on 22 August and it was Sunday, thus many Belarusians were able to watch our play from home,” says Nikolay Khalezin.

The idea worked. The first broadcast received 6,000 views, 85% of which were from Belarus. State censors in Belarus could do nothing about it.

According to Yury Khashchavatski, art helps to inform and educate people; it promotes real human values, rights and freedom – and this is exactly what irritates the authorities. They prefer ignorant citizens that are easier to rule, and they use censorship to prevent people from thinking and questioning the reality presented by official propaganda.

“Why are the authorities so afraid of independent artists? The answer is quite simple: Art is dangerous for the authoritarian regime, because it turns obedient population into real citizens,” says Khashchavatski.

This article was originally published on 31 Oct 2013 at indexoncensorship.org

 

EU and Belarus: Applying the “goat principle”

themanyfacesofalex

An old Belarusian joke suggests a simple way of improving one’s life. If you feel unhappy, just allow a goat in your house, live with it for some time, and then take the goat away. In principle, nothing changes – but you feel real relief and happiness! This is exactly the way the foreign policy of Belarus operates.

Close the Swedish embassy in Minsk, and then allow its re-opening. Arrest Vladislav Baumgertner, the CEO of the Russian potash giant Uralkaliy, and then set him free. In principle nothing changed, but each story ended with something like “an improvement in the situation” – or at least with an impression of such.

Last year EU-Belarus relations, already on the rocks, were further damaged by the infamous teddy-bear parachuting and subsequent diplomatic scandal with Sweden. In comparison with that period of “cold war” 2013 looks relatively moderate. For instance, the Belarusian foreign minister Uladzimir Makey was temporarily dropped  from the EU travel ban list. Nonetheless, the overall temperature of relations is frosty.

Political prisoners remain jail in Belarus. The fact two of them were released recently had nothing to do with the authorities’ good will; it happened just because their prison terms expired. The decision to suspend the travel ban for Makey was also purely technical. The position of Foreign Minister from the very beginning wasn’t on the EU travel ban list in order to leave a channel for direct communication with Belarusian authorities. Makey, personally, is still on the black list and will not be allowed to enter the EU if he leaves his minister position.

NGOs and opposition excluded from talks? 

Since the beginning of 2013 the number of contacts between the EU and the Belarusian Foreign Ministry has increased. EU diplomats call this process “consultations with the Belarusian government”. But it’s hard to say exactly what the content of these consultations is. It is known that the Belarusian side propose to re-organise the European Dialogue on Modernisation. This EU initiative would establish intergovernmental relations between the European Commission and the Belarusian authorities, including an annual meeting of presidents Lukashenka and Barroso. But they have also suggested excluding representatives of civil society and political opposition from the Dialogue.

According to Belarusian authorities’ rhetoric, any relations with the EU within the framework of the Dialogue on Modernisation or the Eastern Partnership should be built “on equal basis and should focus on mutually beneficial projects.” In translation from diplomatic to real language this is nothing but a request to lift all the conditions related to democracy, rule of law and human rights, and simply invest in Belarus’ economic and infrastructure development.

It comes as no surprise that the EU is not ready to fully support these proposals right now. That they’re ready to talk about it, however, does. The next phase of the European Dialogue on Modernisation is going to be limited to experts with a focus on the themes that only the Belarusian government is interested in. In fact, civil society has not been granted the status of full participants in  the Dialogue – despite numerous statements and appeals about the vital necessity of this.

Opposition fractured, weakened and ineffectual

In 2014, the European Commission and the European External Action Service (EEAS) will change their staff, so they should be interested in showing some progress with regards to Belarus. In the absence of real progress, renewal of official contacts with the Belarusian authorities could be presented as an achievement.

It is not worth blaming the EU for such behaviour, though, all the while Belarusians themselves have not done much to change the situation. Neither autocrats or democrats have undertaken significant steps to resolve the current deadlock. The latter manage to disunite – without ever forming a real unity in the first place. Political opposition was formally divided into two parts; the “People’s Referendum” campaign and the “For free and fair elections” coalition. Real differences between the two are hard to explain. Both of them pray to the old God of “communication with ordinary people”. This is a noble task in any sense, but actions proposed are not significantly different from previous unsuccessful attempts to respond to the people’s needs. The oppositions’ slogans are not easy to understand even for their closest civil society allies. Sometimes it feels like these activities are implemented just for the sake of keeping political activists busy, gaining some media attention and getting some resources from donors in the process.

The main aim for the opposition forces is to remain on the political scene until the next presidential elections. Independent civil society organisations are also divided in different camps and have lost their positive dynamics of previous years; still they have much more potential than the weakened political opposition. As a result of disunity among democrats they cannot respond properly to the EU proposals or the challenges of the internal political situation. The EU is listening to the contradictory voices of various Belarusian activists without the possibility to coordinate with them on the main course of action.

Challenges in encouraging change

Thus, the EU policy faces a clear choice: either to wait for internal changes in Belarus or try to actively facilitate them. The recommendations of the European Parliament on the EU policy towards Belarus (the so-called Paleckis’ report), adopted on 12 September 2013, make step in the latter direction. The central idea of strengthening pro-European attitudes among different groups of actors from the civil society to open-minded civil servants via closer engagement in cooperation with the EU looks good. Civil society is seen as one of the key actors in political dialogue with the EU. It is also mentioned that “the National Platform of the Civil Society Forum of the Eastern Partnership is an important and reliable partner and a unique communication channel to the Belarusian people for the EU”. Actions aiming at communicating European policies to the Belarusian citizens, expanding education programs, development of scientific cooperation are also recommended.

The European Parliament doesn’t propose significant changes in the current EU policy, but the EU needs to go much deeper into the Belarusian political situation to insure even these slight changes. The new way lies between facilitation of public dialogue between the Belarusian authorities and civil society on the one hand, and playing the engagement game with nomenklatura on the other hand.

This is not an easy task, it needs a lot of reflectivity, good understanding of the field, strong diplomacy and coordination between various actors’ – civil society organizations, political opposition forces, donor structures, EU member states, and international organizations like Council of Europe, OSCE, UN.

While playing this complicated game in some cases the EU will have to back one internal actor and its strategies against others. And this is what the EU is not ready to do. The overall approach demands to support all the actors who proclaim pro-democratic and pro-EU values. As a result the EU policy creates a plurality and centrifugal trends within the civil society and political opposition that is the main obstacle for consolidation among democrats. Attempts of strategic unification immediately run into charges of “monopolization” and “privatization” of civil society voice. The EU needs a strong internal counterpart in Belarus, which never appears without civil society consolidation, but it is not ready to let this consolidation happen. This vicious circle must be broken to proceed with the Belarus situation.

Of course, there is another way: impose travel ban on Minister Makey, then lift it – and, according to the famous “goat principle”, feel relief…

This article was originally published on 16 Oct 2013 at indexoncensorship.org