CEC decision not to open polling stations abroad violates the Constitution and Belarus’ international commitments – Human rights defenders

February 3, BPN. The Central Election Commission’s (CEC) decision not to set up referendum polling stations abroad “violates both the international obligations of Belarus as well as the current Constitution and the Electoral Code,” the monitoring campaign Human Rights Defenders for Free Elections noted.

Human rights defenders pointed out that Article 25 of the International Covenant on Civil and Political Rights (ICCPR) establishes that every citizen shall have the right and opportunity “without any discrimination and without unreasonable restrictions” to take part in the conduct of public affairs, directly and through freely chosen representatives, as well as “to vote and to be elected at genuine periodic elections.” They stress that it is the responsibility of the state to “take reasonable steps to ensure that voters are able to exercise their right.”

“The authorities do not provide any clear and acceptable arguments for depriving hundreds of thousands of Belarusians of the right to vote. The argument about a small number of Belarusian citizens on consular registers is untenable,” the human rights defenders noted. They also pointed out that following the events of August 2020, the number of Belarusians who left for other countries “significantly increased.” Finally, polling stations at embassies were opened during all previous election campaigns.

Article 76 of the Constitution stipulates that “referendums are held by universal, free, equal, and secret ballot,” in which “citizens of Belarus who have the right to vote” participate.

“Both the Constitution and the ICCPR clearly and unambiguously stipulate that all citizens have the right to participate in a referendum without any discrimination, including due to a temporary stay abroad,” human rights defenders stressed. “The Electoral Code, elaborating on the norms of the Constitution, establishes only the procedure for holding a referendum. Article 18 clearly states that polling stations outside the Republic of Belarus shall be formed rather than could be formed, establishing only the procedure for their formation.”

Human rights defenders emphasized that “the opening or non-opening of polling stations outside Belarus cannot happen on the whim of the head of a particular diplomatic mission or the MFA leadership.”

Human rights defenders called on the Belarusian authorities to guarantee all Belarusian voters the right to participate in the referendum, regardless of their location.

The Human Rights Defenders for Free Elections monitoring campaign has been in existence since 2008. It is organized by the Belarusian Helsinki Committee and Viasna Human Rights Center.