{"id":130375,"date":"2025-03-17T20:05:54","date_gmt":"2025-03-17T17:05:54","guid":{"rendered":"https:\/\/pozirk.online\/en\/longreads\/130375\/"},"modified":"2025-04-09T10:13:05","modified_gmt":"2025-04-09T07:13:05","slug":"constitution-day-in-belarus-a-legal-farce","status":"publish","type":"longreads","link":"https:\/\/pozirk.online\/en\/longreads\/130375\/","title":{"rendered":"Constitution Day in Belarus: a legal farce"},"content":{"rendered":"\n

Belarus marked Constitution Day on March 15. Throughout his 30-year rule, Alaksandar \u0141uka\u0161enka has altered the country’s basic law at will to suit the politics of the moment.<\/strong><\/p>\n\n\n\n

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\n\n Alaksandar \u0141uka\u0161enka during the formal event of signing the national referendum decision on the Constitution on March 4, 2022\n <\/div>\n \n
\n (sb.by)<\/span>\n <\/div>\n <\/figcaption>\n<\/figure>\n\n\n\n

 Mockery of Constitution<\/h2>\n\n\n\n

In 1995, \u0141uka\u0161enka held a constitutional referendum to expand his powers, secure public approval for closer economic ties with Russia, replace the Pahonia coat of arms and the white-red-white flag with Soviet-style symbols, and elevate Russian to an official language. In 2004, he abolished presidential term limits, and in 2022, he transferred more power to the All-Belarusian People\u2019s Assembly and later installed himself as its chairman.<\/p>\n\n\n\n

He held the 2022 plebiscite ostensibly to prepare for retirement by introducing immunity guarantees, a generous pension, and reinstating the two-term limit for his successor. In reality, he likely intended to pull the strings as chairman of the All-Belarusian People\u2019s Assembly. He planned to become the Belarusian Ayatollah\u2014a spiritual leader overseeing the country from a transcendent height.<\/p>\n\n\n\n

Although this plan has not yet been realized, the formalities have been completed.<\/p>\n\n\n\n

\u0141uka\u0161enka\u2019s attitude toward the rule of law was clearly expressed during a wave of anti-government protests on September 10, 2020. While introducing Andrej \u0160vied as prosecutor general, he told prosecutors, \u201cSometimes you have other things to worry about, not the law.\u201d The law does exist in Belarus, but it does not apply to the authorities.<\/p>\n\n\n\n

Belarusian Constitution: fantasy vs. harsh reality<\/h2>\n\n\n\n

The Belarusian Constitution reads like a fantasy book from the very first lines. Section I describes the country as a democratic state, where human rights and freedoms are the highest values, political pluralism is guaranteed, and powers are separated.<\/p>\n\n\n\n

Article 18 states, \u201cThe Republic of Belarus rules out military aggression from its territory.\u201d Yet, it was Belarus that provided its territory and infrastructure for Russian troops to invade Ukraine in February 2022.<\/p>\n\n\n\n

The Constitution also contains provisions on transparent elections, freedom of speech, a multiparty system and an independent judiciary. If you read it, you might think you\u2019re looking at the Constitution of Norway or the Netherlands.<\/p>\n\n\n\n

However, Belarusians live in a country ruled by one person for over 30 years. Votes in elections are not counted, while the chief election official proudly declares, \u201cI am a member of the president\u2019s team.\u201d Running for president usually leads to prison or exile. Members of parliament are not elected, but appointed.<\/p>\n\n\n\n

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\n\n \u0141uka\u0161enka was sworn in at a special session of the Supreme Soviet on July 20, 1994.\n <\/div>\n \n
\n (BelTA)<\/span>\n <\/div>\n <\/figcaption>\n<\/figure>\n\n\n\n

Courts issue sentences to please the ruler, critics of the government are imprisoned, opposition parties and independent trade unions have been shut down, and critical media outlets have been labeled \u201cextremist\u201d and driven out of the country.<\/p>\n\n\n\n

All of this happens in violation of the Constitution, yet Belarusians live in the real world, not a fantasy. The Constitution formally exists but does not reflect reality. Both opponents and supporters of the regime understand this.<\/p>\n\n\n\n

Controversial government appointments<\/h2>\n\n\n\n

The Belarusian authorities often break the Constitution even when doing so could easily be avoided. The most recent example is the appointment of Alaksandar Tur\u010dyn as prime minister without confirmation by the House of Representatives. \u0141uka\u0161enka\u2019s press office announced the decision on March 10, but officials likely forgot that the appointment required confirmation. Independent media immediately pointed this out.<\/p>\n\n\n\n

A few hours later, the House of Representatives released a video of speaker Ihar Sierhiajenka allegedly introducing Tur\u010dyn\u2019s candidacy to MPs. However, only deputy speaker Vadzim Ipata\u016d appears in the footage, and the video does not show the parliamentary hall or the voting results. It is clear that the video was filmed retroactively in response to criticism.<\/p>\n\n\n\n

The proper legal procedure was also ignored when Raman Ha\u0142o\u016d\u010danka, former prime minister, was appointed head of the National Bank of Belarus. He was named without confirmation by the Council of the Republic.<\/p>\n\n\n\n

The press office of the Council of the Republic posted a confirmation statement late, after district newspapers had already reported on the appointment. Referring to Article 89 of the Constitution, the upper chamber claimed it had confirmed the dismissal of Pavie\u0142 Ka\u0142aur as head of the central bank and the appointment of Ha\u0142o\u016d\u010danka in his place.<\/p>\n\n\n\n

Belarusian Constitution relegated to secondary role<\/h2>\n\n\n\n

When the government frequently ignores the Constitution, it loses its significance.<\/p>\n\n\n\n

In democratic countries, politicians align their decisions with the Constitution and follow the law. In Belarus, however, expediency has long outweighed laws and regulations. \u0141uka\u0161enka can always change the Constitution to suit the political climate of the moment. If necessary, he can even do so retroactively.<\/p>\n\n\n\n

When the Constitution is relegated to a secondary role, officials forget to check for compliance. This is exactly what happened with the appointments of Tur\u010dyn and Ha\u0142o\u016d\u010danka. Officials realized too late that they had failed to follow the proper procedures and attempted to cover up their mistakes.<\/p>\n\n\n\n

The law in Belarus has become as flexible as a rubber stamp. Over the past 30 years, Belarusian officials have mastered the art of bending it to suit their needs. But this is not something they should be commended for on Constitution Day.<\/p>\n\n\n\n

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