What does human rights protection mean in a state where “the law can sometimes be ignored?”

Andrei Strizhak
Natalia Satsunkevich
Alina Stefanovic
Volodymyr Yavorsky
Anaïs Marin

Andrei Strizhak

head of the BYSOL/Belarus Solidarity Foundation

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In 2022, the world found itself in the midst of war, violence, intolerance, and self-destruction. As we can see, the temptation to give simple answers to complicated questions is still there. We can see discrimination and human rights violation. We can see the devastating war in Europe, the biggest since WWII. Human rights are under renewed pressure: right-wing and left-wing populists critisise the concept of human rights claiming it to be outdated.

However, no one has yet come up with something better than this universal concept developed by humankind after WWII. Although the law and approaches of human rights cannot stop conflicts, they help to at least minimise the damage people do to each other. Therefore, I think it was a very logical, humane, profoundly philosophical decision to award the Nobel Peace Prize to human rights defenders. The Nobel Committee has shown that human rights are not outdated, that they are important.

Ales Bialiatski is one of the prominent representatives of Central and Eastern Europe’s civic society (along with Memorial and the Center for Civil Liberties). Both in 2011, when he was arrested for the first time, and now, he made a conscious decision to stay in Belarus although it was clear that key figures of the protest movement would be harshly repressed. Bialiatski is a linchpin of Belarus’ human rights community. As a keystone figure of the community, he takes on a great responsibility and carries it out with honour.

What stories of human rights violation in Belarus do you remember best? Why did they outrage or shock you?

I recall the Victoria Popchenya case. She was a schoolgirl killed by a truck while harvesting potatoes in the field. One would think this story has nothing to do with human rights, that it’s merely about the infringement of some education process rules and the carelessness on the part of school officials… But when you look into this case, you understand to what extent the state assumes the right to decide on the life of human beings, to put them at risk while showing a total disregard for their personality. When my colleague Leonid Sudalenko (today he’s a political prisoner too) and I started working on the case, it became clear that the state had a complete control over people’s lives, that it was a norm. Harvesting with the involvement of minors is nothing other than child bonded labour disguised as labour training. For example, in Myanmar, where bonded labour is used, the same practice exists: no one can refuse to participate in the works, including potentially life-threatening.

This shows to what extent the state considers us its property. It decides for everyone how they should live, who they should be friends with, where they should work, and who they should vote for. It is well exemplified by the small town and the little man.

The state persecutes human right defenders. Ales Bialiatski and his colleagues are in prison. How can you defend one’s rights if you can’t defend yourself? What then is the purpose of this activity?

Everyone makes their choice. Becoming a human rights activist is a choice you make. I understand perfectly well Ales Bialiatski, Leonid Sudalenko and all those who decided to continue with their duties until the end and keep working for as long as possible. I also used to be a prisoner. One of my colleagues, Pavel Levinov, emphasised (he was speaking about short-term arrests but I think this is partly true of long-term arrests as well) that even behind bars a human rights defender remains a human rights defender. Because you have an opportunity to do some kind of exclusive monitoring of the conditions in places of detention, an opportunity to see the prison system from the inside and figure out what the core of its problems is. Of course, the price of the investigation is too big.

If you are involved in human rights activities in an authoritarian country, you have to be prepared that one day you can go to jail. It’s a high risk choice of a high risk activity for the good of the people.

Natalia Satsunkevich

human right activist, Human Rights Center Viasna

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Ales Bialiatski is a man who everyone pleasantly remembers communicating with. He is an outright optimist. In his work Ales always quick to make decisions, to respond to help and support requests. And it is obvious that Ales is a true leader: he does have a talent for gathering people around him and for inspiring people to work by supporting them. Such qualities, I think, always take a lot of work on oneself.

What is now going on in Belarus, Russia, and other non-democratic countries is due to the fact that for many years in these countries human rights have not only been disregarded but cynically violated. The peoples of these countries and the international community have not reacted to it for a long time. Now we are facing the consequences of the lack of these two components: internal and external reaction. And we see how this influences other countries. Some people think they have their country, their fence, they are comfortable within their surroundings, and what is going on abroad does not concern them. Apparently, that's not the way it works.

I think the Nobel Committee reminded us that if today in some country there’s democracy and human rights are upheld and respected, this does not mean that such a situation will remain the same tomorrow. The people, the civic society, human rights activists and non-governmental organisations should constantly monitor the situation with human rights protection and react to the slightest violations. In the modern world we can’t afford to wait and “see how it's going to develop”, we have to react here and now. Once you understand that something doesn’t seem to be quite right, then it in fact must have gone wrong.

In my opinion, what the Nobel Committee meant to say was, firstly, that the lack of respect of human rights in the countries of our region had lead to the war and to major problems in Belarus (such as widespread torture), and, secondly, that the rest of these countries shouldn’t relax their guard even if it seems that everything is all right.

What stories of human rights violation in Belarus do you remember best? Why did they outrage or shock you?

In 2015-2016, when I just began working as a volunteer for Viasna, I monitored peaceful assemblies and court trials. I remember, at that time Leonid Kulakov was tried for participating in protest actions. Those were the first years of his public activity, his first fines. He approached Viasna for legal aid, we helped him appeal court rulings and prepare appeals to international agencies. And I saw him change over time... Back then, one of my colleagues said, “The authorities are purposefully marginalising the activists.” Their circle of communication narrows: they can’t find a job, especially a permanent one, they are forced to resort to accidental sources of income. Most employers don’t like it when an employee constantly gets fined, when an employee is constantly under the threat of a few days’ detention. The state-controlled media create an “antisocial” image of political activists, create the impression that they are abnormal people, protest freaks, that they always want more instead of living a normal life and finding a job, loafers! When Lukashenko signed the “social parasitism decree” (Decree No 3, under which non-working people have to refund money to the state), it was widely used against political activists. Leonid, already an aged man (he was born in 1959), because of multiple detentions began to have health problems. In Okrestina prison where he served various periods of administrative detention, inhumane conditions were intentionally created for him: for example, with his sore legs and joints, he was forced to climb to the top of a bunk bed...

I can remember very well the first time I saw Leonid in a courtroom: that was an energetic man who defended himself at the trial and asked uncomfortable questions to the judges. But in autumn 2020 he was so ill he couldn’t make it to our office by public transport. The change that happened to him so quickly and for so obvious reasons, greatly impressed me.

The state persecutes human right defenders. Ales Bialiatski and his colleagues are in prison. How can you defend one’s rights if you can’t defend yourself? What then is the purpose of this activity?

It’s difficult for me to answer this question because I consider myself a human rights defender as well. For example, I want to say that human rights defenders are very brave people. But at the same time I often get scared...

Human rights defenders are usually people who care, who want to help others. I think such an attitude can be conditioned by natural predisposition or by the environment one grows up in. Naturally, some of us are more apt to respond to human ills and some of us less so.

After all, people tend to romantisise what’s going on. That’s why human rights defenders are seen as heroes of today, as Robin Hoods or Supermen – not those from the Marvel universe but those you face in your life. “Well he spent three years in prison. Nothing special, he’s out now – alive, in good health and spirits.” But what's really behind that? When Ales Bialiatski was last serving time in prison, his father died. Ales could not say goodbye to him. When you’re behind bars, you don’t simply lose three years, you lose a lot more because your social connections disappear, people leave your life – both mentally and physically.

Alina Stefanovic

translator, wife of political prisoner Valentin Stefanovic

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Ales is a role model to me in some way because I’ve known him for a very long time, since the late 90s. He is more than a head of Viasna and a boss of my husband (Valentin is his deputy). I also used to work in Viasna, Valentin and I came to work there at the same time. That’s why Ales was my first and, probably, the best boss. It was great working with him: he has an excellent understanding of people, he knows how to inspire and motivate them.

Today the voice of human rights defenders is very important. It’s great that this is understood in Europe and all over the world. Because so many horrible things – things almost impossible to imagine – are happening in our region. Viasna like other human rights organisations is engaged in documenting human rights violations and crimes against humanity. The world understands that perpetrators of such acts must be held accountable. That is why the Nobel Peace Prize has been awarded to human rights defenders who, despite the violent repressions in Belarus, continue doing their everyday work, like ants. Despite the difficulties, despite the danger of detention and criminal cases, as happened to Ales and my husband. Their trial will start soon, both are facing prison terms from 7 to 12 years. This must not be in vain – the world recognises that, and the choice of the Nobel Committee seems to point in the same direction.

What stories of human rights violation in Belarus do you remember best? Why did they outrage or shock you?

Among the most recent stories is the case of Victoria Onokhova-Zhuravleva, a mother of 13 children from the town of Pruzhany, who served three years of “home chemistry” (a measure of restraint under the Criminal Code of Belarus for defaming the President. She couldn’t seek safety for the reason that she was raising foster children whom she didn’t have the chance to take out of the country. She sacrificed herself and continues to sacrifice herself – now she’s serving 10 days in prison. I know Victoria in person; I’m extremely worried about her.

Generally, it’s hard to see the world you used to live in, the world that surrounded you simply fall apart. You know all today’s political prisoners personally or via two or three intermediate friends. They once were your circle… That man was the owner of the café you’d pop in to for coffee, that woman was the owner of the cultural space you used to go to… This whole world has fallen apart because a good half of your friends are in prison and the rest has been fortunate to escape. It is therefore unsurprising that each story, especially a story of someone you know, touches you.

The state persecutes human right defenders. Ales Bialiatski and his colleagues are in prison. How can you defend one’s rights if you can’t defend yourself? What then is the purpose of this activity?

They see the purpose, therefore, the purpose is there. Because that’s what they decided, and that was a conscious decision – to not leave the country in spite of all the signals and obvious risks.

Can they do anything now? There you are: Ales has won a Nobel Prize while in prison! One day (hopefully, it will come soon) you will ask them in person what purpose they saw in their effort.

As a wife I want my husband to be at my side… But I understand how important it was for him to do what he deemed necessary.

The state, of course, is holding them VIP-hostages that can be used for bargaining. I am neither a political commentator nor a serious analyst, but it is my personal opinion that the authorities want to exchange human rights defenders for lifting of sanctions or something like that. The imprisoned human rights activists, journalists, and politicians (presidential candidates and members of their election headquarters) are all VIP-hostages.

To be such a hostage is some sort of stigma. Such hostages have more value, that’s why we’ll never know when they will let them go – first or last.

However, all political prisoners are hostages. As indeed are all Belarusians.

Volodymyr Yavorsky

expert, Center for Civil Liberties, Ukraine

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Why do you think human right defenders were selected to receive this year’s Nobel Peace Prize? Who is Ales Bialiatski to you personally?

All his life Ales Bialiatski has been working in human rights and the only thing he’s concerned with is a free Belarus and human rights in Belarus. I don’t think there are many people like him around. All that Viasna has created, the very fact that Viasna has worked all these years, is to the immense credit of Ales Bialiatski.

Human rights are an antidote or one of the main remedies for war. Countries where human rights are respected do not go to war.

If the international community had listened to human rights defenders, the war in Ukraine would never have happened because dictatorships would not have been established in Russia and Belarus. If Russia had been a democracy, if human rights and freedom of speech had been respected in Russia, it would have been difficult to control the public opinion and disseminate fakes and propaganda. One can’t imagine the Russia of the 90s attack Ukraine. Whereas now, under dictatorship, this has been possible.

What stories of human rights violation in Belarus do you remember best? Why did they outrage or shock you?

There have been many stories since August 2020: torture, ill-treatment in militia custody, detentions…

These stories remind me of what was going on in Ukraine in 2014. Of course, there were no repressions of such a scale, but many lives were broken, many people were killed. However, when one chooses to makes sacrifices for the freedom of his country, it is really something to admire. It is really inspiring!

The state persecutes human right defenders. Ales Bialiatski and his colleagues are in prison. How can you defend one’s rights if you can’t defend yourself? What then is the purpose of this activity?

Nowhere are human rights defenders protected. Anywhere the authorities may resort to lawlessness. But democracies have more protection mechanisms that really work. For example, these days in Ukraine it is very difficult to put human rights defenders in prison whereas in the past there were many criminal cases against them (sure enough, Ukrainian human rights defenders never went to prison, nevertheless, they were subjected to criminal prosecution).

When a country has human rights defenders in prison, this means that this country has problems with human rights. In such a case the international community has to pursue certain policies so as to change the situation or at least make the authorities release everyone illegally kept in prison. However, unfortunately, I don’t see such policies being applied to Belarus. And that’s a problem.

I spent about eight years in Belarus. I was expelled from the country, I could become a prisoner too. I had to rescue a child so I left. Our home was searched twice, for six hours each time. And all that time we had conversations with KGB officers. These conversations demonstrated that they regarded us as enemies and were convinced that we were destroying the world they were building. Because human rights were destroying their control of the society. That was very dangerous to them, and they understood it. That’s why they really consider human rights defenders and journalists enemies.

Because when a dictatorship falls and a space of freedom emerges, such state officials either get punished or are on the run until the end of their life.

I hope Belarus sooner or later will become democratic. And then some people will have to answer for what they did. That will require proof: witness interviews, contact databases for victims of violations, etc – this is the material that human rights defenders are gathering now.

Anaïs Marin

the UN Special Rapporteur on the situation of human rights in Belarus

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Why do you think human right defenders were selected to receive this year’s Nobel Peace Prize? Who is Ales Bialiatski to you personally?

Ales Bialiatski is a veteran human rights fighter in Belarus. I’ve known him personally for over 10 years, we have a lot of common friends. Even many years ago he was seen as a Nobel Prize candidate.

Ales is a very unproud man. Despite the international renown and the “superstar” status in his field – he was received at the UN, at the ministerial level, he met with top politicians around the world, – he has always been very modest.

In my opinion, by awarding human rights defenders, the Nobel Committee wanted to emphasise that peace is very important today. Ukraine, Belarus, and Russia are located in the region where the war is raging. That’s why the message was that human rights defenders must carry the idea that a peace without respect for human rights is an unstable peace. The idea of pacifism and the idea of international human rights standards are interrelated. I’ve heard, some Ukrainians were unhappy at sharing the Nobel Prize with representatives of the aggressor states. But I think this message of the Nobel Committee is also about tolerance. In spite of the fact that Russia and Belarus are co-aggressors against Ukraine, in these countries there are people fighting for human rights, for peace and respect for all international law standards and human rights including the right to liberty and security of person.

The state persecutes human right defenders. Ales Bialiatski and his colleagues are in prison. How can you defend one’s rights if you can’t defend yourself? What then is the purpose of this activity?

What purpose is there for me to be the UN Special Rapporteur? It is a volunteer job, I devote my free time and energy for the sake of other people. Because this is our sense of mission. If we know that there are people who suffer – men, women, children, – we can’t sleep well.

Since I was appointed the UN Special Rapporteur four years ago, in my official capacity every year I have written to the Ministry of Foreign Affairs of Belarus asking for access to the country (because, according to the resolution, I need to travel about the country twice a year for 10 days so as to be able to hold meetings, ask questions, visit prisons, etc). But all my requests remained unanswered. I don’t have access to the country, the Belarusian government doesn’t cooperate, doesn’t share information with me. Therefore, I count on the support of those who, unlike me, can monitor the situation in the country and double-check the information. And Belarusian human rights defenders keep helping me despite all the risks.

Translated from Russian by Alexander Stoliarchuk

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