15 EU relations with Belarus
| (a)
(35368)
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(b)
(35369)
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Council Decision amending Decision 2012/642/CFSP concerning restrictive measures against Belarus
Council Implementing Regulation implementing Article 8a(1) of Council Regulation (EC) No. 765/2006 concerning restrictive measures in respect of Belarus
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| Legal base | (a) Article 29 TEU; unanimity
(b) Article 215 TFEU; QMV
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 17 October and
Minister's letter of 21 October 2013
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| Previous Committee Report | None; but see (35033) —: HC 83-vi (2013-14), chapter 16 (19 June 2013); (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 (18 May 2006)
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| Discussion in Council | Before 31 October 2013
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
15.1 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.
15.2 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
15.3 This Council Decision (which we considered on
17 October 2012) renewed the restrictive measures imposed —
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.
15.4 The targeted individuals and entities were also
consolidated into one annex, and totalled 243 individuals and
32 entities.
15.5 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.
15.6 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.
15.7 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.[67]
The June 2012 Council Decision
15.8 This Council Decision suspended application
of the EU travel ban against Belarus Foreign Minister
Vladimir Makei. The Minister for Europe (Mr David Lidington)
explained that Vladimir Makei was appointed as Foreign Minister
in August 2012, having previously been Head of the President's
Administration, where 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. However, EU Member
States were keen to expose Belarus to the benefits of increased
engagement with the EU. An Eastern Partnership Foreign Ministers'
meeting was 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 Member States wished to enable
Makei's attendance at the July meeting. The visa ban contained
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".
But Makei had made it clear that he was not prepared to attend
on this basis. The thought process was that suspension of his
ban would encourage him to attend the July meeting. The Minister
stressed that the proposed amendment only suspended Makei's travel
ban: he remained a listed individual and all other restrictive
measures against him would remain in place: the suspension would
only apply if he retained his role as Foreign Minister, and would
be reviewed along with the rest of the EU's measures by 31 October
2013: the Decision did not reflect a change in policy in relation
to Belarus.
Our assessment
15.9 The Foreign and Commonwealth Office website
noted (and continues to note) 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.[68]
15.10 The suspension of Mr Makei's travel ban for
the purpose outlined was thus consistent with the Government's
bilateral policy.
15.11 Looking ahead, we asked the Minister to provide
his assessment of the effectiveness of this suspension when submitted
his Explanatory Memorandum on the renewal of the overall sanctions
regime in October.
15.12 In the meantime, we cleared the Council Decision.[69]
The Council Decision and the Council Implementing
Regulation
15.13 In his Explanatory Memorandum of 17 October
2013, the Minister explains that the documents will renew the
existing restrictive measures for a further 12 months , and in
addition:
· add three names to the list of individuals
subject to restrictive measures;
· remove 13 individuals and five entities
from the list of those subject to restrictive measures; and
· update the information provided in support
of the listings for a number of individuals and entities.
The Government's view
15.14 The Minister comments thus:
"The UK supports the EU policy of critical engagement
with Belarus, including the use of restrictive measures, which
will remain in place until all political prisoners have been released
and rehabilitated. The EU's restrictive measures against Belarus
have been in place since 2006 and have expanded since then to
target over 240 individuals and entities. Over the last 12 months,
the restrictive measures have been kept under constant review.
EU Member States have concluded that in this period the situation
in Belarus as regards democracy, human rights and the rule of
law has not improved, and the restrictive measures imposed on
Belarus should be extended for a further 12 months. The UK view
is that the sanctions measures should be dynamic and responsive
to the situation on the ground, and that further individuals should
be considered for listing at the same time as other listings are
withdrawn.
"Detailed reviews of all the individual listings
in the Belarus measures have been conducted. The objective of
these reviews was to ensure that the listings were robust enough
to withstand legal challenge.
"In particular, the reviews sought to identify
those listings which lacked the relevant supporting information
to back up the listing or were not adequately linked to the listing
criteria. As a result of these reviews, 13 individuals and 5 entities
will be removed from the list of those subject to restrictive
measures in respect of Belarus by this Council Decision and Implementing
Regulation. These delistings are on technical grounds and do not
reflect a change of policy towards Belarus. The EU's working group
that handles co-operation with Belarus (COEST) has also requested
that further information be provided on another 36 individuals
before 1 February 2014.
"During discussions of the review, proposals
were made for new individuals to be added to the list of those
subject to restrictive measures. The Council Decision and Implementing
Regulation provides for the listing of three new individuals who
are deemed responsible for inhumane and cruel treatment of political
prisoners. EU Member States will continue discussions on a further
5 individuals, with a final decision on whether they should be
listed to be made by 1 February 2014."
15.15 Finally, the Minister says that:
· both documents need to be adopted before
the current measures expire on 31 October;
· the latest date at which they could be
adopted at an EU Council meeting before that date would be the
Foreign Affairs Council on 21 October;
· this timing does not allow for proper
parliamentary scrutiny procedures; so
· he will seek to have the Council Decision
and Implementing Regulation adopted by written procedure once
the scrutiny process has been completed.
The Minister's letter of 21 October 2013
15.16 The Minister writes with additional information
on the situation in Belarus over the past 12 months, as well as
his assessment of the effectiveness of the suspension of Foreign
Minister Makei's travel ban. He includes the Belarus section
of the FCO's 2012 Annual Human Rights Report, as well as the updates
covering the period from January 2013 to the latest available
update published in September 2013.
15.17 Specifically, the Minister says:
"Overall, though, I regret to say that the human
rights situation in Belarus has changed little since October 2012.
The period saw the release of three political prisoners (Vasil
Parfyankow, Zmitser Dashkevich and Aleksandr Frantskevich). Naturally,
I welcome these releases. But all three men had reached the end
of their sentence and remained bound by various levels of restrictive
measure on release. The last 12 months were also marked by a
continuation of the harassment of opposition activists, independent
journalists and human rights defenders. This most often took
the form of arresting such individuals for low-level administrative
offences, such as 'swearing in public' or 'showing resistance
to the police'. Belarus also continued to hand down death sentences,
with at least three given in this period. The authorities continued
to refuse to inform Luibou Kavaliova where her son, Uladzislau,
was buried. Uladzislau Kavaliou was executed in March 2012 for
his alleged role in the Minsk Metro bombing.
"As I outlined in my EM, the UK supports the
EU's policy of critical engagement with Belarus. I last met Belarusian
human rights defenders on 5 June, after which I issued a public
statement calling for the introduction of a moratorium on executions
in Belarus, as well as the immediate release and rehabilitation
of all political prisoners. I also met Belarusian Deputy Foreign
Minister Elena Kupchina in London on 9 September. Mrs Kupchina
asked for the meeting, which was the first at Ministerial level
between the UK and Belarus for some years, and I agreed to meet
with Mrs Kupchina on the basis that this was a good opportunity
to underline the UK's concern about the human rights situation
in Belarus. I used the meeting to do so.
"The UK has, over the last year, also worked
with its European partners and others to argue at the UN Human
Rights Council for the extension of the mandate of the Special
Rapporteur on Belarus. The Council extended the mandate on 13
June with increased international support, allowing the Rapporteur
to continue his work on holding the Belarusian authorities to
account. The UK and the EU continue to work hard in other areas,
such as maintaining support for Belarusian civil society."
15.18 With regard to his assessment of the effectiveness
of the suspension of Foreign Minister Makei's travel ban, the
Minister says:
"As outlined above, I am unable to point to
any concrete improvement in the human rights situation in Belarus
as a result. The suspension does allow Mr Makei to take part
in a wider dialogue with EU leaders, for example as he did by
attending the Eastern Partnership (EaP) Ministerial meeting in
June. We also expect Mr Makei to attend the Vilnius EaP Summit
in November, where he will be able to witness first-hand the progress
being made by neighbouring countries. We have been very clear
with EU colleagues that we should continue to keep Mr Makei's
suspension under close review."
Conclusion
15.19 All would appear to be as it should be
from a procedural perspective. However, it should not have been
necessary to draw to his officials' attention that the Minister
had overlooked the clear and simple request in our most recent
Report (see paragraph 15.11 above), and thus necessitate this
further letter.
15.20 It was also pointed out by our officials
that the House is entitled to some indication of the ways in which
the situation has not improved, and about what the EU has been
doing to help those who are taking a stand against the regime
and endeavouring to bring about positive change; and that, for
no apparent reason and in contradiction to practice over many
years, the Minister had not said anything in his Explanatory Memorandum,
other than that the situation "has not improved".
His letter thus also enables him to remedy those omissions.
15.21 It would also have been appropriate for
him to have explained, in one document or the other:
· which three individuals have been added
to the list subject to restrictive measures, and why; and
· which 13 individuals and five entities
are to be removed from the list of those subject to restrictive
measures.
15.22 We therefore ask him to make sure that this
"template" is used in future with all such "sanctions
regimes": information about relevant political developments
over the past year, and details of individuals and entities added
and removed.
15.23 In the meantime, we now clear this Council
Decision and Council Implementing Regulation.
67 For the full background, see (34208) -: HC 86-xiii
(2012-13), chapter 26 (17 October 2012). Back
68
https://www.gov.uk/government/priority/improving-the-international-rules-based-system-in-belarus-including-respect-for-human-rights Back
69
(35033) -: HC 83-vi (2013-14), chapter 16 (19 June 2013). Back
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