In this text, you will find:
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Appendix with some excerpts from the Human Rights Index data. Full data is available in machine-readable format at index.belhelcom.org
This is a brief explanatory text. We recommend referring to the full version of the Index. For user convenience, the data in the full version is accompanied by graphics. The desktop version features more extensive graphics compared to the mobile version.
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The National Human Rights Index score
In 2023, Belarus Human Rights Index estimate is 2.4 out of 10.
Key Findings in Brief
1. As of the baseline assessment in 2019, the human rights situation in Belarus was already far from excellent (4.1 out of 10). However, the authorities at least formally articulated recognition of international human rights standards and officially declared their commitment to building a rule-of-law state.
Some efforts were made to improve legislation and even law enforcement practices, including the adoption of the first National Human Rights Plan. At the same time, by 2019, the recommendations of international monitoring bodies had not been implemented for many years, law enforcement practices often diverged from the legislation, and political rights (freedom of assembly, association, and expression) were enshrined in law but severely restricted in practice.
2. Despite how dreadful 2020 might seem compared to 2019, the overall Index score decreased by only 1 point. This indicates only one thing: all systemic human rights issues already existed before, but society was not ready to pay attention to them.
3. Over 5 years, the number of minimum scores of 1 point increased from 6 to 40.
4. In 2020, amid the political crisis, a state of emergency was practically introduced, which persists to this day and has the following characteristics:
- Systematic and widespread persecution (repression) of those the authorities consider dissenters: state (and especially law enforcement) agencies often blatantly violate the law ("sometimes laws can be put aside"), justifying this as protecting public order and national security.
- Specific legalism — the systematic adoption of unlawful legislation to justify repressions (legalization of lawlessness).
- Anti-Western stance and withdrawal from international mechanisms: Belarus abandons international human rights treaties, getting rid of functional mechanisms that are actively utilized against the authorities.
- Political repression began to affect social and economic rights, particularly the right to work, and the situation in the education and healthcare systems.
5. An analysis of the most significantly decreased Index scores highlights areas where human rights violations are most severe:
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"Legal default", primarily, gross violations of basic rights to a fair trial.
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The near-total destruction of the possibilities for exercising freedoms of expression, assembly, and association.
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Serious restrictions on cultural rights, especially regarding national culture.
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Large-scale and systematic violations of the right to work.
6. The main positive influence on the human rights situation over the past 5 years was the adoption of the Personal Data Protection Act, which formally improved several aspects of personal data protection and respect for privacy overall.
Improvements over 5 years: only 6 out of 1850 indicators
A simple mathematical comparison of scores from 2019 and 2023 shows that only 6 out of 1850 scores improved. The most significant improvement was less than 1 point, whereas the maximum deterioration was 5.6 points.
The improvements are mainly explained by the adoption of laws (on personal data; amendments to the electoral code allowing detainees to vote; amendments to procedural legislation allowing appeals against Supreme Court decisions).
For more details, see the attached table.
Stability: 9 out of 1850 indicators
Nine scores remained unchanged throughout all five years.
Among these, 2 indicators have consistently high scores but relate to very specific human rights guarantees: protection from the death penalty for persons under 18 and protection from scientific experiments and medical testing on detainees and prisoners.
The stability of the remaining 7 scores is associated with their minimal level, where nothing improves:
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The procedure for carrying out the death penalty;
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Lack of institutional mechanisms (both for human rights in general and for the prevention of torture);
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Absence of the presumption of freedom of assembly in legislation;
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Ignoring decisions of international human rights mechanisms;
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Habeas corpus: every person arrested or detained on criminal charges must be promptly brought before a judge. The British gained this right in 1679,
Belarusians still don’t have it.
For more details, see the attached table.
What has worsened the most over 5 years
The rest has deteriorated.
The most significant declines are seen in the scores for the rights to:
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A fair trial (the so-called “legal default”)
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Freedom of thought, conscience, and religion
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Life
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Peaceful assembly
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Participation in cultural life
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Work
For more details, see the attached table.
About the Index
Belarus Human Rights Index is created by a group of civil society experts under the overall coordination of the Belarusian Helsinki Committee. Over 5 years, about 50 experts have been involved in this work.
The Index demonstrates changes in the human rights situation in Belarus in specific tangible numbers, rather than “good/bad” terms.
The Index estimates the realization of 18 rights (11 civil and political, and 5[+2] social, economic, and cultural), as well as 4 general measures. The data set includes about 60 components of rights and 290+ indicators of the ideal state of human rights. This results in 1850 scores over 5 years.
Methodology
Based on international human rights standards (the International Covenants on Civil and Political Rights, and on Economic, Social, and Cultural Rights), criteria have been formulated to evaluate specific components and the contents of rights. A group of experts (4-6 persons) for each right assesses the realization of a specific human right both at the legislative and practical levels on a 10-point scale:
1 - the reality does not correspond to the ideal state;
10 - the ideal state and reality completely coincide.
The assessment is based on a comparison with the situation from the previous year. As a result, we obtain a numerical score accompanied by an expert commentary providing a qualitative analysis of the situation.
We compile this index for three reasons
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to allow interested professionals to quickly assess the overall human rights situation in Belarus rather than gather information from scattered sources;
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to demonstrate how the situation is evolving;
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to indicate the direction of human rights reforms that our country needs.
The idea for the Index owes its origin to Aleh Hulak, a human rights defender and Chairman of the Belarusian Helsinki Committee between 2008 and 2022.
Appendix
|
Category of rights (Civil & political = CP; General measures = GM) |
Right |
Component |
Indicator of the ideal state |
2019 |
2020 |
2021 |
2022 |
2023 |
increase over 5 years |
|
GP |
Right to be protected against arbitrary or unlawful interference with private and family life |
Personal data |
the collection and storage by public authorities or individuals of any personal information in databases or otherwise is regulated by the legislation |
5.2 |
5.2 |
5.6 |
5.9 |
6 |
0.8 |
|
GP |
Right to be protected against arbitrary or unlawful interference with private and family life |
Personal data |
if such files contain incorrect personal data or have been collected or processed contrary to the provisions of the law, every individual should have the right to request rectification or elimination |
2.8 |
2.4 |
3.4 |
3.4 |
3.3 |
0.5 |
|
GP |
Right to be protected against arbitrary or unlawful interference with private and family life |
Personal data |
information relating to an individual's personal life is kept for a reasonable period necessary to achieve a legitimate purpose |
3.6 |
3.7 |
3.9 |
3.9 |
3.9 |
0.3 |
|
GP |
Right to participate in public affairs |
The right to vote and be elected |
the right to vote at elections and referenda is established by law and is subject only to reasonable restrictions, such as setting a minimum age limit for the right to vote |
5.2 |
5.2 |
5.2 |
5.4 |
5.4 |
0.2 |
|
GP |
Right to life |
Death penalty |
individuals sentenced to death have a right to seek pardon or commutation |
3.8 |
3.8 |
4 |
3.9 |
3.9 |
0.1 |
|
GP |
Right to be protected against arbitrary or unlawful interference with private and family life |
Personal data |
3.8 |
3.6 |
3.9 |
4 |
3.9 |
0.1 |
What has remained unchanged over 5 years:
|
Category of rights (Civil & political = CP; General measures = GM) |
Right |
Component |
Indicator of the ideal state |
2019 |
2020 |
2021 |
2022 |
2023 |
|
CP |
Right to life |
Death penalty |
the death penalty is not imposed for crimes committed by persons below the age of 18 and is not carried out on pregnant women |
10 |
10 |
10 |
10 |
10 |
|
CP |
Prohibition on torture and cruel, inhuman or degrading treatment or punishment |
Treatment of persons subjected to any form of detention or imprisonment |
persons under any form of detention or imprisonment are not subjected to medical or scientific experimentation without the free consent of the person concerned |
9.5 |
9.5 |
9.5 |
9.5 |
9.5 |
|
CP |
Right to life |
Death penalty |
individuals on death row are provided with timely notification about the date of their execution, and the delays in its implementation do not exceed any reasonable period of time necessary to exhaust all legal remedies |
3 |
3 |
3 |
3 |
3 |
|
CP |
Right to life |
Death penalty |
the bodies of the executed are returned to their relatives or they are informed of the place of burial |
1 |
1 |
1 |
1 |
1 |
|
CP |
Prohibition on torture and cruel, inhuman or degrading treatment or punishment |
The prevention of torture, investigation and protection mechanisms |
a national preventive mechanism has been established and is effectively functioning |
1 |
1 |
1 |
1 |
1 |
|
CP |
Right to liberty and security of person |
Specific safeguards for custody on criminal charges |
any person arrested or detained on a criminal charge is brought promptly before a judge |
1 |
1 |
1 |
1 |
1 |
|
CP |
Right of peaceful assembly |
General principles |
the presumption in favor of freedom of assembly is clearly and unambiguously established in law |
1 |
1 |
1 |
1 |
1 |
|
GM |
State policy on human rights |
a National Human Rights Institution compliant with the Paris Principles has been established and is functioning |
||||||
|
GM |
Interaction with international mechanisms |
the state complies with the decisions of international judicial and quasi-judicial bodies on individual communications concerning violations by the state of relevant international treaty norms |
Top 16 "failed" scores (those that have decreased by more than 4 points):
|
Right |
Component |
Indicator of the ideal state |
2019 |
2020 |
2021 |
2022 |
2023 |
decrease over 5 years |
|
Right to a fair trial |
Procedural guarantees in criminal proceedings |
the right of persons accused of a criminal offense to be tried in their presence shall be ensured, unless the accused, although informed of the proceedings sufficiently in advance, decline to exercise their right to be present
|
7.8 |
4.5 |
4 |
2.5 |
2.2 |
5.6 |
|
Right to freedom of thought, conscience and religion |
Freedom of thought, conscience and religion |
no one is compelled to reveal his thoughts or adherence to a religion or belief, including the use of threat of physical force or penal sanctions |
7 |
5.6 |
3.6 |
2 |
1.8 |
5.2 |
|
Right to a fair trial |
Procedural guarantees in criminal proceedings |
no person is tried or punished again for an offense for which an individual has already been finally convicted or acquitted |
8.2 |
5 |
3.3 |
3.1 |
3 |
5.2 |
|
Right to a fair trial |
Procedural guarantees in criminal proceedings |
persons charged with a criminal offense are informed promptly in a language which they understand of the nature and cause of charges brought against them |
7.6 |
4.5 |
4 |
2.9 |
2.7 |
4.9 |
|
Right to life |
Arbitrary deprivation of life |
appropriate legislation and other measures are adopted to protect life from all reasonably foreseeable threats, including threats emanating from private persons and entities, and prevent arbitrary deprivation of life |
7 |
2.8 |
3 |
2.3 |
2.2 |
4.8 |
|
Right of peaceful assembly |
Holding of assemblies |
law enforcement agents do not disperse peaceful assemblies |
5.7 |
1.4 |
1.2 |
1 |
1 |
4.7 |
|
Right to a fair trial |
Procedural guarantees in criminal proceedings |
the accused have adequate time and facilities for the preparation of their defense, in particular, reasonable requests for adjournment are granted when the accused is charged with a serious criminal offense and additional time for preparation of the defense is needed; access to documents and other evidence is ensured, including all materials that the prosecution plans to offer in court against the accused or that are exculpatory |
7 |
4.8 |
3.5 |
2.7 |
2.4 |
4.6 |
|
Right to a fair trial |
Equality before courts and tribunals |
the right of access to courts is ensured to all individuals without any discrimination, regardless of their nationality or other status (asylum seekers, refugees, migrant workers or other persons) |
7.4 |
6 |
4.6 |
3.5 |
2.9 |
4.5 |
|
Right to take part in cultural life |
Participating in cultural life |
state and third parties refrain from interfering, directly or indirectly, with the enjoyment of the right to take part in cultural life |
5.4 |
3 |
1.8 |
1.3 |
1 |
4.4 |
|
Right to a fair trial |
Procedural guarantees in criminal proceedings |
witnesses that are relevant for the defense are admitted, and the accused are given a proper opportunity to question and challenge witnesses against them at some stage of the proceedings |
6.8 |
3.3 |
2.8 |
2.5 |
2.5 |
4.3 |
|
Right to a fair trial |
Review by a higher tribunal and compensation in cases of miscarriage of justice |
convicted persons possess effective access to review by a higher court according to law |
6 |
4.3 |
2.5 |
2 |
1.7 |
4.3 |
|
Right to work |
Freely chosen work without any kind of compulsion |
workers are not subject to unjustified dismissal |
6 |
2.8 |
2 |
1.8 |
1.7 |
4.3 |
|
Right to life |
Arbitrary deprivation of life |
exceptional measures (that are not arbitrary per se), involving, inter alia, the use of potentially lethal force for law enforcement purposes, are established by law and accompanied by effective institutional safeguards designed to prevent arbitrary deprivations of life |
6 |
2 |
2.5 |
1.9 |
1.8 |
4.2 |
|
Right to take part in cultural life |
Access to cultural life |
measures have been taken to respect the free access of minorities to their own culture, heritage and other forms of expression and the free exercise of their cultural identity and practices, including the right to learn about their own culture as well as the culture of others |
5.4 |
4.3 |
2.4 |
2.1 |
1.3 |
4.1 |
|
Right to a fair trial |
Fair and public hearing by a competent, independent and impartial tribunal |
hearings are open to the general public, including members of the media, save for exceptional circumstances, such as reasons of morals, public order or national security in a democratic society; all interested persons are informed of the time and place of the oral hearings |
5.6 |
2.8 |
2 |
1.6 |
1.5 |
4.1 |
|
Right to a fair trial |
Review by a higher tribunal and compensation in cases of miscarriage of justice |
the convicted person has access to a duly reasoned, written judgment of the trial court and other documents necessary to enjoy the effective exercise of the right to appeal |
7.3 |
5.5 |
4.5 |
3.4 |
3.2 |
4.1 |
