Documents considered by the Committee on 19 June 2013 - European Scrutiny Committee Contents


16 EU relations with Belarus

(35033)

Council Decision amending Decision 2012/642/CFSP concerning restrictive measures against Belarus

Legal baseArticle 29 TEU; unanimity
DepartmentForeign and Commonwealth Office
Basis of considerationEM of 13 June 2013
Previous Committee ReportNone; but see (34208) —: HC 86-xiii (2012-13), chapter 26 (17 October 2012); also see (33809) — and (33810) —: HC 428-lvii (2010-12), chapter 12 (18 April 2012); (33728) — and (33729) —: HC 428-liii (2010-12), chapter 11 (7 March 2012); (33639) —: HC 428-xlix (2010-12), chapter 20 (1 February 2012); (33193) —, (33194) — and (33158) 14303/11: HC 428-xxxvii (2010-12), chapter 25 (12 October 2011); (32857) —: HC 428-xxx (2010-12), chapter 16 (22 June 2011); (32435) —: HC 428-xiii (2010-11), chapter 16 (19 January 2011); (32019) —: HC 428-iii (2010-11), chapter 17 (13 October 2010); (31171) —: HC 5-iii (2009-10), chapter 17 (9 December 2009) ; (30507) — : HC 19-xiii (2008-09), chapter 10 (1 April 2009); (30076) —: HC 16-xxxiii (2007-08), chapter 5 (29 October 2008); and (27458) 8836/06 and (27459) — : HC 34-xxviii (2005-06), chapter 15 (10 May 2006)
Discussion in Council24 June 2013 Foreign Affairs Council
Committee's assessmentPolitically important
Committee's decisionCleared

Background

16.1 In September 2004, the EU imposed a travel ban on four individuals implicated in the disappearances in 1999/2000 of four well-known persons and the subsequent obstruction of justice; a further two names were added in November 2004.

16.2 Following more seriously flawed Presidential elections in 2006 and the subsequent crackdown on protesters, an EU wide visa ban and asset freeze was imposed on 41 key members of the regime, including the chief miscreant, President Lukashenko.

Council Decision 2012/642/CFSP

16.3 This Council Decision (which we considered on 17 October 2012) renewed the restrictive measures imposed on Belarus— an arms embargo, prohibition on equipment which could be used for internal repression and targeted sanctions (travel ban and asset freeze) — for a further 12 months, until 31 October 2013, and consolidated the numerous listing criteria that had previously been used to target individuals and entities into two categories:

—  those responsible for serious violations of human rights or the repression of civil society and democratic opposition, or whose activities otherwise seriously undermine democracy or the rule of law in Belarus, or any person associated with them; and

—  those benefiting from or supporting the Lukashenko regime.

16.4 The targeted individuals and entities were also consolidated into one annex, and totalled 243 individuals and 32 entities.

16.5 As our most recent Report recalled, following a period of suspension:

—  sanctions were re-imposed in January 2011 in response to events following another flawed Presidential election in December 2010;

—  in January 2012 the listing criteria were expanded to allow the EU to target those responsible for serious human rights abuses (not directly linked to presidential elections) and those who are benefiting from or supporting the Lukashenko regime;

—  in February 2012, 19 judges involved in the most serious human rights abuses, along with the Chief of Police and Chair of the Court in Minsk were added; and

—  in March 2012, three businessmen close to the regime and their companies were targeted, together with further judges, prosecutors, military and KGB officials.

16.6 On that last occasion, what seems to have tipped the balance with some hitherto reluctant Member States was that, in addition to no change of policy, the two individuals accused of carrying out the April 2011 bombing of the Minsk Metro were executed — death sentences that were, the Minister for Europe (Mr David Lidington) said at the time, implemented with unusual speed and against a background of real concerns about the fairness of the trial process.

16.7 Last October, the Minister said that the authorities had continued their harassment of independent journalists, political opposition, and civil society. Although three high-profile political prisoners had been released in April, after applying for a presidential pardon, they had not been rehabilitated, leaving them unable to take part in political life; and EU Heads of Mission in Minsk judged that 10 political prisoners remained in detention, with many reportedly facing very difficult conditions. Moreover, parliamentary elections held on 23 September were found by the OSCE observer mission again to have fallen short of international standards.[69]

The draft Council Decision

16.8 In his Explanatory Memorandum of 13 June 2013, the Minister for Europe (Mr David Lidington) says that — the PSC[70] having recommended on 31 May 2013 that the application of the EU travel ban against Belarus Foreign Minister Vladimir Makei should be suspended — this draft Council Decision will amend Council Decision 2012/642/CFSP accordingly.

The Government's view

16.9 The Minister comments as follows:

    "Vladimir Makei was appointed as Foreign Minister in August 2012. In his former position as Head of the President's Administration, he was considered to be the second most powerful person in the regime and thus responsible for organising the repression of peaceful demonstrators following the fraudulent presidential election in December 2010. He was added to the visa ban and asset freeze lists in January 2011.

    "The Council of the European Union keeps the restrictive measures against Belarus under constant review. EU member states are keen to expose Belarus to the benefits of increased engagement with the EU. An Eastern Partnership Foreign Ministers' meeting is scheduled for 22 July in Brussels ahead of an Eastern Partnership Summit in November in Vilnius. Within the policy of critical engagement with Belarus, EU members are seeking to enable Makei's attendance at the July meeting. The visa ban has an exemption mechanism to enable listed individuals to travel to the EU in certain circumstances, for example to attend meetings "where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Belarus". However, Makei has made it clear that he is not prepared to attend on this basis. Suspension of his ban should encourage him to take the opportunity to attend the July meeting.

    "The proposed amendment only suspends Makei's travel ban. He remains a listed individual and all other restrictive measures against him will remain in place. The suspension can only apply if he retains his role as Foreign Minister, and will be reviewed along with the rest of the EU's measures by 31 October 2013. As the draft Council Decision makes clear, the suspension will be kept under constant review, and may be amended at any time. The Decision does not reflect a change in policy in relation to Belarus."

16.10 The Minister notes that this Council Decision is planned to be adopted by the 24 June Foreign Affairs Council.

Conclusion

16.11 The Foreign and Commonwealth Office website notes that Belarus remains one of the countries of concern for its human rights record, and that the Government's policy is threefold:

  • working to get Belarus to participate in regional organisations and to commit to the principles of international law and fundamental values, including democracy and good governance;
  • working with EU partners, non-government organisations and others to raise human rights issues with the Belarusian government; and
  • calling on the Belarusian government to release all political prisoners and rehabilitate them.[71]

16.12 The suspension of Mr Makei's travel ban for the purpose outlined thus makes sense.

16.13 Looking ahead, when the Minister submits his Explanatory Memorandum on the renewal of the overall sanctions regime in October, we should be grateful if he would provide his assessment of the effectiveness of this suspension.

16.14 In the meantime, we now clear this document.





69   For the full background, see headnote (34208) -: HC 86-xiii (2012-13), chapter 26 (17 October 2012). Back

70   The Political and Security Committee (PSC) meets at the ambassadorial level as a preparatory body for the Council. Its main functions are keeping track of the international situation, and helping to define policies within the Common Foreign and Security Policy (CFSP) including the CSDP. It is also tasked with preparing a coherent EU response to a crisis and exercising political control and strategic direction during it. Back

71   https://www.gov.uk/government/priority/improving-the-international-rules-based-system-in-belarus-including-respect-for-human-rights. Back


 
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Prepared 27 June 2013