16 EU relations with Belarus
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| Council Decision amending Decision 2012/642/CFSP concerning restrictive measures against Belarus
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| Legal base | Article 29 TEU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 13 June 2013
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| Previous Committee Report | None; 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)
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| Discussion in Council | 24 June 2013 Foreign Affairs Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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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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