The
Constitution of the Republic of Belarus is the ultimate
lawLaw is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets...
of
BelarusBelarus is a landlocked country in Eastern Europe, bordered by Russia to the north and east, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the north. Its capital is Minsk; other major cities include Brest, Grodno , Gomel , Mahilyow and Vitebsk...
. Adopted in 1994, three years after the country declared its independence from the
Soviet UnionThe Union of Soviet Socialist Republics was a constitutionally socialist state that existed in Eurasia from 1922 to 1991. The name is a translation of the , tr. Soyuz Sovetskikh Sotsialisticheskikh Respublik, abbreviated СССР, SSSR. The common short name is Soviet Union, from , Sovetskiy Soyuz...
, this formal document establishes the framework of the Belarusian state and
governmentThe Council of the Republic of Belarus is the executive branch of state power in Belarus, and it is appointed by the President of Belarus. The head of the Government is the Prime Minister of Belarus, who manages the main agenda of the Government and direct the ministers.- Ministries :* Ministry of...
and enumerates the rights and freedoms of its citizens. The Constitution was drafted by the Supreme Soviet of Belarus, the former legislative body of the country, and was improved upon by citizens and legal experts. The contents of the Constitution include the
preambleA preamble is an introductory and explanatory statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
, nine sections, and 146 articles.
The structure and substance of the Constitution were heavily influenced by constitutions of
Western powersThe Western world, also known as the West and the Occident , is a term that can have multiple meanings depending on its context...
and by Belarus' experiences during the Soviet era. While much of the Constitution establishes the government's functions and powers, an entire section details rights and freedoms granted to citizens and residents. The Constitution has been amended twice since the original adoption, in 1996 and in 2004. Two
referendumA referendum , ballot question, or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal...
s that were disputed by independent observers and government opposition leaders increased the power of the
presidencyThe office of President of Belarus is the head of state of Belarus. The office was created in 1994 with the passing of the Constitution of Belarus by the Supreme Soviet. This replaced the office of Chairman of the Supreme Soviet as the head of state...
over the government and eliminated the
term limitA term limit is a legal restriction that limits the number of terms a person may serve in a particular elected office. Term limits are found usually in presidential and semi-presidential systems as a method to curb the potential for dictatorships, where a leader effectively becomes "president for...
s for the presidency.
History
Belarus adopted its first constitution in 1919 when the country was a
Soviet Republic (USSR)The Republics of the Soviet Union or the Union Republics of the Soviet Union were ethnically based administrative units that were subordinated directly to the Government of the Soviet Union...
. Belarus continued to use this constitution until it – along with Russia,
UkraineUkraine is a country in Eastern Europe. It is bordered by Russia to the east; Belarus to the north; Poland, Slovakia, and Hungary to the west; Romania and Moldova to the southwest; and the Black Sea and Sea of Azov to the south. The city of Kiev is both the capital and the largest city of...
, and the Transcaucasus – signed a treaty to form the
Soviet UnionThe Union of Soviet Socialist Republics was a constitutionally socialist state that existed in Eurasia from 1922 to 1991. The name is a translation of the , tr. Soyuz Sovetskikh Sotsialisticheskikh Respublik, abbreviated СССР, SSSR. The common short name is Soviet Union, from , Sovetskiy Soyuz...
. Now the Byelorussian Soviet Socialist Republic (Byelorussian SSR), the country adopted its first Soviet-era constitution in 1927, complementing the recently adopted
Soviet ConstitutionThe Soviet Union was governed by three versions of its Constitution, modelled after the 1918 Constitution established by the Russian Federation, the immediate predecessor of the Union of Soviet Socialist Republics.-Chronology of Soviet constitutions:...
. After a re-adoption in 1937, the Byelorussian SSR adopted its last Soviet-era constitution in 1978, mainly to reflect changes made in the 1977 Soviet Constitution.
When Belarus became independent from the
Soviet UnionThe Union of Soviet Socialist Republics was a constitutionally socialist state that existed in Eurasia from 1922 to 1991. The name is a translation of the , tr. Soyuz Sovetskikh Sotsialisticheskikh Respublik, abbreviated СССР, SSSR. The common short name is Soviet Union, from , Sovetskiy Soyuz...
in 1991, the Supreme Soviet of Belarus passed the
Declaration of State Sovereignty of the Belarusian Soviet Socialist RepublicThe Declaration of State Sovereignty of the Belarusian Soviet Socialist Republic was a formal document issued by the Supreme Soviet of Belarus to assert their independence from the Soviet Union. Passed on July 27, 1990, the Declaration started the process to Belarus' eventual independence in August...
, giving powers to itself to alter the 1978 constitution of the Byelorussian SSR. Soon afterwards, the government established a Constitution Commission to facilitate the adoption of a post-Soviet constitution. In November 1991, the commission sent the first of three drafts to the Supreme Soviet. Upon approval from the Supreme Soviet, the first draft was published in December 1991 in order for the Belarusian populace to make comments and suggestions. The commission submitted the third and final draft to the Supreme Soviet, where it was signed on March 15, 1994 by the Speaker of the Supreme Soviet and Head of State, Myechyslaw Hryb. The gazette
Zvezda officially published the Constitution fifteen days later. The Supreme Soviet passed a second law along with the Constitution, titled the Enactment Law, rendering the 1978 Byelorussian SSR Constitution and the Declaration of State Sovereignty of the Belarusian Soviet Socialist Republic void, with a few exceptions. The law, passed during the thirteenth session of the
Supreme SovietThe Supreme Soviet of the Soviet Union was the Supreme Soviet in the Soviet Union in the interim of the sessions of the Congress of Soviets, and the only one with the power to pass constitutional amendments...
, also provided transitional phases for office holders and government organs to form within two years. Every year since 1994, March 15 has been commemorated in Belarus as
Constitution DayConstitution Day is a holiday to honor the constitution of a country. Constitution Day is often celebrated on the anniversary of the signing, promulgation or adoption of the constitution, or in some cases, to commemorate the change to constitutional monarchy:...
, a national holiday.
The Constitution introduces
separation of powersThe separation of powers, also known as trias politica, is a model for the governance of democratic states. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the uncodified Constitution of the Roman Republic...
. According to Belarusian law, each office is separate but must work together to serve the people. The Constitution also makes Belarus a presidential democracy, significantly reducing the role of the prime minister. Of the fifteen former
Soviet republicsThe Republics of the Soviet Union or the Union Republics of the Soviet Union were ethnically based administrative units that were subordinated directly to the Government of the Soviet Union...
, Belarus was the last to create and pass a new constitution subsequent to the dissolution of the USSR. A delay occurred due to debates among Supreme Soviet deputies, who were also trying to stave off the opposition and democratic forces who wanted to close the Supreme Soviet down for good. A power struggle to determine the relationship between the new executive branch and the legislature caused much of the debate in 1992 and 1993. The former chairman of the Supreme Soviet, Stanislau Shushkevich, criticized the early drafts due to the amount of power granted to the president. The opposition Belarusian Popular Front criticized the final drafts due to the lack of balance between the two parties and for allowing
Vyachaslau KebichVyachaslau Frantsavich Kebich is a political figure from Belarus. He was the first Prime Minister of the Republic of Belarus, serving from 1991 until 1994, having held the equivalent office of the Byelorussian SSR since 1990...
to run for presidential elections in June of that year despite serving in the same role with the SSR.
When drafting the Belarus Constitution, the Supreme Soviet deputies were influenced by the constitutions of various countries, including
AustriaThe Constitution of Austria is the body of all constitutional law of the Republic of Austria on the federal level. It is split up over many different acts...
,
BelgiumThe Constitution of Belgium dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica. The Constitution established Belgium as a centralised unitary state...
,
DenmarkThe Constitutional Act of Denmark is the Kingdom of Denmark's constitution, or fundamental law. It was signed on 5 June 1953 as "the existing law, for all to unswerving comply with, the Constitutional Act of Denmark".-Idea and structure:...
,
FranceThe current Constitution of France was adopted on October 4, 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth...
, Germany,
ItalyThe Constitution of the Italian Republic was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended 13 times, was promulgated in the extraordinary edition of Gazzetta Ufficiale No. 298 on 27 December 1947...
,
SwedenThe Swedish Constitution consists of four fundamental laws :* The 1974 Instrument of Government * The 1810 Act of Succession * The 1949 Freedom of the Press Act * The 1991 Fundamental Law on Freedom of Expression...
, and the
United StatesThe Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States...
. Internally, the Constitution was influenced by the period of Soviet domination and a desire to bring back traditions brushed aside by the Soviet Government. The structure of the Constitution is similar to the Russian Federation: for example, the office of the President has powers analogous to those granted to the President of Russia. Overall, the Constitution sought to preserve the statehood of Belarus from pro-Russian unity movements, provide a strong head of state that could cure the ailments Belarus would endure in the post-Soviet era, and lay out a compromise between the political factions in Belarus.
Preamble
In the
preambleA preamble is an introductory and explanatory statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
of the Constitution, Belarus assumes the responsibility for its destiny as a member of the international community. To execute this responsibility, the government undertakes to show
"adherence to values common to all mankind, founding ourselves on our inalienable right to self-determination," which is
"supported by the centuries-long history of development of Belarusian statehood." Belarus also pledges to honor the rights and freedoms of its citizens and to maintain a stable government that is run by the people and based on the rule of law.
Section One: Principles of the Constitutional System
Section One of the Constitution sets up the governmental framework and specifies that the government is run by the people of Belarus. The government, which has been declared a multi-party representative democracy, forms its own foreign policy and is willing to defend the right to do so when necessary. Section One also establishes that the state protects the rights and freedoms of its citizens, but contains the proviso that a citizen of Belarus
"bears a responsibility towards the State to discharge unwaveringly the duties imposed upon him by the Constitution."
The government itself has a system of checks and balances for each branch of the government, but all of the branches are to be independent from influence from the other branches. The government is authorized to pass laws conforming with the provisions of the Constitution, by which it is expected to abide. If the laws do not conform with the Constitution, then they can be declared void. The laws themselves are subject to international law and Belarus is willing to
"recognize the supremacy of the universally acknowledged principles of international law and ensure that its laws comply with such principles."
The territory of Belarus is divided into discrete regions, called
oblastOblast is a type of administrative division in Slavic countries, including some countries of the former Soviet Union. The word "oblast" is a loanword in English, but it is nevertheless often translated as "area", "zone", "province", or "region"...
s. The oblasts are further divided into districts which are in turn subdivided into cities. The Constitution also allows for special regions to be created, which are to be controlled by legislation. Citizens of Belarus are also promised protection and sponsorship, regardless of whether they are inside Belarusian borders or in a foreign country. With some exceptions, those who do not have a nationality and foreigners are, under the Constitution, granted the same status and rights as citizens of Belarus. Belarus also has the power to grant asylum to those who have been subject to persecution due to their ethnic background, political ideology or religious affiliation.
The Constitution also establishes
BelarusianThe Belarusian language, or Belorussian is the language of the Belarusian people and is spoken in Belarus and abroad, chiefly in Russia, Ukraine, and Poland...
and Russian as the official languages of the country, pledges
neutralityA neutral power in a particular war is a sovereign state which declares itself to be neutral towards the belligerents. A non-belligerent state does not need to be neutral. The rights and duties of a neutral power are defined in Sections 5 and 13 of the Hague Convention of 1907...
and non-
nuclear proliferationNuclear proliferation is a term now used to describe the spread of nuclear weapons, fissile material, and weapons-applicable nuclear technology and information, to nations which are not recognized as "Nuclear Weapon States" by the Treaty on the Nonproliferation of Nuclear Weapons, also known as the...
, adopts national symbols, and establishes
MinskMinsk is the capital and largest city in Belarus, situated on the Svislach and Niamiha rivers. Minsk is also a headquarters of the Commonwealth of Independent States . As the national capital, Minsk has a special administrative status in Belarus and is also the administrative centre of Minsk...
as the capital (Minsk was previously the capital of the Belarusian Soviet Socialist Republic).
Section Two: The Individual, Society and the State
Section Two describes rights the government grants to citizens. According to the document, providing and protecting these basic rights, which include the
"right to a dignified standard of living, including appropriate food, clothing, housing and likewise a continuous improvement of necessary living conditions", is the top priority of the government. These rights are granted to all citizens of Belarus and every Belarusian is to be treated equally under Belarusian law. However, these rights can be removed for national security reasons or if Belarus is under a
state of emergencyA state of emergency is a governmental declaration that may suspend certain normal functions of government, alert citizens to alter their normal behaviors, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending civil liberties...
. No one is allowed to
"enjoy advantages and privileges that are contrary to the law." A state of emergency, which can be called by the
President of BelarusThe office of President of Belarus is the head of state of Belarus. The office was created in 1994 with the passing of the Constitution of Belarus by the Supreme Soviet. This replaced the office of Chairman of the Supreme Soviet as the head of state...
according to Article 84, has to be approved by the Council of the Republic within three days of its announcement, according to Article 98.
The Constitution provides that life is a right and that the government will protect the lives of its citizens against other citizens who wish to harm them or their property. The Constitution also allows for the
death penaltyCapital punishment or the death penalty, is the execution of a person by judicial process as a punishment for an offense. Crimes that can result in a death penalty are known as capital crimes or capital offences....
to be exercised for grave crimes, but only in accordance with national law. If citizens are arrested, they are granted
due processDue process alternatively due process of law or the process that is due, is the principle that the government must respect all of the legal rights that are owed to a person according to the law...
of law and do not have to testify against themselves or their family members. Citizens are also given the right to vote, housing, compensation for their share of work, and have the ability to move wherever they wish inside Belarus, and have the right to protest against the government.
Section Three: Electoral System. Referendum
Section Three is divided into two chapters dealing with the organization and running of elections. The first chapter deals with the Belarusian electoral system and the second chapter details the organization of national
referendumA referendum , ballot question, or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal...
s.
In Belarus, the right to vote in elections and plebiscites is extended to those who are above the age of eighteen. During elections and plebiscites, a citizen can vote or not vote without any consequences from the government. The Constitution describes two methods of preventing a citizen from voting. First, a court can issue an order stating that the citizen does not have the mental capacity to understand and to cast a ballot. Second, a person being held in detention or confined in a prison during an election cannot cast a ballot. The Constitution says nothing about the voting rights of those who have served their prison terms, nor does it state how those citizens gain the rights back.
National referendums, or plebiscites, are elections whereby citizens can determine whether a specific legal text can become official law or not. For this to take place, one of the following conditions must be met: The president wishes to hold one, both houses of the National Assembly request to hold one, or the citizens petition for it. If the
National AssemblyThe National Assembly of the Republic of Belarus is the bicameral parliament that governs the Eastern European country of Belarus. The two chambers that make up the National Assembly are the following:*Council of the Republic- The upper house...
calls for a plebiscite, a majority is needed in both chambers for it to be official. If the citizens request a plebiscite, they must gather 430,000 signatures from eligible voters across the country. Additionally, over 30,000 people from each region must sign the petition, including the capital Minsk. Once either condition is met, the president must issue a decree setting the date of the national plebiscite. The plebiscite must take place less than three months after the decree was signed. Local cities can hold their own plebiscites if ten percent of the local population ask for it.
Section Four: The President, Parliament, Government, the Courts
Section Four, which is divided into four chapters, outlines the functions of the Belarusian Government, mainly the
PresidentThe office of President of Belarus is the head of state of Belarus. The office was created in 1994 with the passing of the Constitution of Belarus by the Supreme Soviet. This replaced the office of Chairman of the Supreme Soviet as the head of state...
of the Republic of Belarus, the Council of Ministers, the Parliament of Belarus and the courts. Although elected by the Belarusian people, the president must not be a member of a political party when he or she assumes office. The Constitution also lists official duties for various posts, such as the president being the commander-in-chief of the Belarusian Armed Forces. The section also describes procedures for situations where the president cannot continue duties or if the president dies in office.
Chapter Four lists the powers and duties of the Parliament of Belarus, which is called the
National AssemblyThe National Assembly of the Republic of Belarus is the bicameral parliament that governs the Eastern European country of Belarus. The two chambers that make up the National Assembly are the following:*Council of the Republic- The upper house...
. The National Assembly itself is divided into two houses: the lower House of Representatives and the upper
Council of the RepublicThe Council of the Republic is the upper house in Belarus' bicameral parliament, the National Assembly. The Council comprises 64 members and the representation is based geographically, most of the elected members come from civil society organizations, labour collectives and public associations in...
. While each house has its own rules governing how members are elected, members decide on the various bills that could become Belarusian law and approve the nominations of cabinet heads that the president chooses.
The Council of Ministers of the Republic of Belarus, headed by the
prime minister, is the body of officials that are heads of various ministries of the Belarusian government. The president appoints each member of the council, but the National Assembly must also approve each member. Council members stays on until their term as a minister is over or the president has been replaced.
The Constitutional Court of the Republic of Belarus is the highest court in Belarus. While other courts deal with civil or criminal issues, the Constitutional Court deals with matters involving the Constitution and the legality of certain laws passed by the government. The court has the power to declare any law unconstitutional. From April until May 2007, the Constitutional Court reviewed 101 laws and decrees; they were deemed to be constitutional. The court that deals with criminal law matters is the
Supreme Court of BelarusThe Supreme Court of the Republic of Belarus is the highest-tier court inside of Belarus and acts as the final "court of review." Its' general tasks include the oversight of lower-tier courts and can render justice in areas of general civil and criminal law...
.
Section Five: Local Government and Self-Government
Section Five permits the formation of local governments. Local governments are selected by the local population and they have the power to administer local affairs, such as budgets, social services, and economic development. They also have the authority to collect taxes. The president can appoint and dismiss the heads of the local governments on the approval of the relevant local council of deputies.
Section Six: The Procurator's Office. The State Supervisory Committee
Section Six lists the office and duties of the prosecutor general (Procurator General in the official translation) and the State Supervisory Committee. The prosecutor general and his appointed assistant prosecutors are tasked with the balanced implementation of national, regional and local laws on all sectors of government and public society. The prosecutor general is appointed by the president with permission from the Council of the Republic.
The State Supervisory Committee is tasked with monitoring the national budget, implementing the president's economic policy, and regulating the use of government property. As with the prosecutor general, the State Supervisory Committee is appointed by the president.
Section Seven: Financial and Credit System of the Republic of Belarus
Section Seven specifies the
fiscalIn economics, fiscal policy is the use of government spending and revenue collection to influence the economy.Fiscal policy can be contrasted with the other main type of economic policy, monetary policy, which attempts to stabilize the economy by controlling interest rates and the supply of money....
responsibilities of Belarus. A national budget must be created, along with budgets for the local regions and cities. The money used in the national budget is acquired from national taxes and fines, and payments made to Belarus by foreign governments. At the end of a fiscal year, the National Assembly must review the budget for the next fiscal year within five months. After the review and passing of the national budget, it is published for public viewing. Local budgets follow the same procedures. The National Bank of the Republic of Belarus is the state bank of Belarus and is the office responsible for issuing the national currency, the
Belarusian rubleThe ruble is the currency of Belarus. The symbol for the ruble is Br and the ISO 4217 code is BYR. It is divided into 100 kapeykas .-First ruble, 1992–2000:...
.
Section Eight: The Application of the Constitution
Section Eight describes processes for enforcing and amending the Constitution. The Constitution is the supreme law of the land, therefore other laws and edicts cannot conflict with it. If a conflict occurs, the Constitution applies. If the Constitution is not in conflict, but a law and a decree is, the law would be enforced.
To amend the Constitution, one of two things must happen before the
National AssemblyThe National Assembly of the Republic of Belarus is the bicameral parliament that governs the Eastern European country of Belarus. The two chambers that make up the National Assembly are the following:*Council of the Republic- The upper house...
can consider the measure: The president must suggest the change, or 150,000 eligible voters must send a petition to the National Assembly. Both chambers of the National Assembly must discuss the proposed amendments for a minimum of three months. Two conditions can prevent a discussion from taking place: Either there is a state of emergency, or there are less than six months in the current term of the House of Representatives. In order for an amendment to take effect, it must be approved by either two-thirds of both chambers of the National Assembly or a simple majority of the voting population of Belarus in a national referendum. The only restriction is that Sections One, Two, Four and Eight can only be changed by national referendum. Rules for conducting a national referendum are enumerated in Chapters 22 through 25 of the Electoral Code of the Republic of Belarus. Since the original adoption of the Constitution in 1994, it has been amended twice; once in 1996 and once in 2004.
Section Nine: Final and Transitional Clauses
The ninth and last section of the Constitution addresses laws passed before 1994. If the laws that were passed before the adoption of the Constitution are not in conflict with the Constitution, they are still enforced. All changes to the Constitution come into effect when formally issued by the president, unless specified otherwise. With the passage of the Constitution in 1994, the law "On the Procedure Governing the Entry into Force of the Constitution of the Republic of Belarus" ceased to be enforced. As a transitional measure, Section Nine states that the present leadership of Belarus can continue to serve until their term of service has been completed. When the Constitution is enforced, the national government is allowed to exercise their assigned duties. Unless otherwise stated in Article 143, Part 3, the national leadership must form state governmental bodies two months after the Constitution goes into effect.
Amendments
After
LukashenkoAlexander Grigoryevich Lukashenko has served as the President of Belarus since 20 July 1994. Before his career as a politician, Lukashenko served as a military officer and worked as a director for manufacturing plants and farms...
assumed the presidency in 1994, he stated his intention to amend the recently-passed Constitution. The amendments, according to Lukashenko, would expand the power of his office, marking a turning point in post-Soviet era politics in Belarus. A May 1995 national referendum was the first step in the amendment process. Out of the four questions, one asked if the president could disband parliament if the members violate national law. The vote, which several Supreme Soviet deputies protested, resulted in 77% in favor of the provision regarding the dismissal of the legislature by the president. Other questions on the ballot, such as the
national flagThe current national flag of Belarus was formally adopted on June 7, 1995, following the result of a referendum voted on by the Belarusian people in the previous month...
and national emblem, didn't affect the Constitution as a whole, but their status has been decided by the Constitution. Two years later, Lukashenko scheduled the first referendum that would potentially alter the Constitution. The last referendum on the Constitution occurred in 2004, also scheduled by Lukashenko.
1996
More calls for constitutional reform came in 1996. President Lukashenko unilaterally established the
referendumA referendum , ballot question, or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal...
after the Supreme Soviet refused to support the measures or set up a date for the vote. An earlier attempt by the Supreme Soviet to establish their own referendum in September 1996 was struck down as "inconsistent with the Constitution" by the Constitutional Court. The referendum amended the Constitution mostly to strengthen the power of the presidency. Amongst the changes made were the following:
1- The
Supreme SovietThe Supreme Soviet of the Soviet Union was the Supreme Soviet in the Soviet Union in the interim of the sessions of the Congress of Soviets, and the only one with the power to pass constitutional amendments...
, the unicameral parliament of Belarus, was abolished. The Supreme Soviet was replaced by the
National AssemblyThe National Assembly of the Republic of Belarus is the bicameral parliament that governs the Eastern European country of Belarus. The two chambers that make up the National Assembly are the following:*Council of the Republic- The upper house...
, a bicameral parliament;
2- The term of President Alexander Lukashenko was extended from 1999 until 2001.
During the referendum, 84% of the approximately 7.5 million voters approved the amendments. On November 28 of that year, President Lukashenko signed the changes into law. Other results not directly related to the voting included the expanding role of the Council of Ministers, which allowed it to deal with issues related to development of economic, social and political spheres within Belarus. The 1996 referendum was not, however, the first call to dissolve the Supreme Soviet. In 1991 and 1992, after the August coup in Moscow by senior CPSU officials, democratic forces in the government wanted to dissolve the Supreme Soviet permanently. The members of the Belarusian Popular Front pressed for a referendum, and despite achieving the number of signatures required by law at the time, the Supreme Soviet quashed the measure.
The results of the 1996 referendum led to the exclusion of opposition parties from the new parliament. Due to problems associated with transparency and
ballot stuffingBallot stuffing is the illegal act of one person submitting multiple ballots during a vote in which only one ballot per person is permitted. The name originates from the earliest days of this practice in which people literally did stuff more than one ballot in a ballot box at the same time...
, the European Union, United States and several other nations do not recognize the results of the vote.
2004
Along with choosing members for the National Assembly, Belarusian voters were presented with a referendum regarding presidential term limits. Before the vote, President
Alexander LukashenkoAlexander Grigoryevich Lukashenko has served as the President of Belarus since 20 July 1994. Before his career as a politician, Lukashenko served as a military officer and worked as a director for manufacturing plants and farms...
was only allowed to serve two terms before the Constitution required him to step down. The voter turnout for the referendum was nearly 90%, with 77.3% of the voters agreeing to eliminating term limits. The changes were implemented on October 17, 2004. Like the 1996 referendum, the validity of the vote was brought into question. According to the OSCE, many polling places went without independent observers. The OSCE believed that the standards of the vote did not meet OSCE requirements for "free and fair elections". Data from other NGO's point out that 50% of voters did not participate in the referendum, so they contend that the results reported by the government are flawed. Two years later, Lukashenko ran in the 2006 election and won 83% of the vote during the first ballot. With no term limits, Lukashenko states that, depending on his health, he will not retire from politics and might run for re-election in 2011.
Criticism of constitutional changes
Both referendums were severely criticized by the political opposition inside Belarus as well as by international observers such as the OSCE. Observers state that both referendums were non-transparent and that the real results were not published. Observers were not allowed to see the process of counting ballots. Specifically, the democratic opposition to President Lukashenko decided to boycott the 1996 referendum on the Constitution. During the same election, international observers found problems with the voting process or found pro-government advertisements or notices at polling places. Opposition parties contend that the vote to dissolve the Supreme Soviet in 1996 removed Belarus' last democratically elected parliament and installed Lukashenko's hand picked parliament. Despite the claims of manipulation of the elections and the Constitution itself, there are a few parts of the current constitution approved by key leaders of the Belarusian democratic opposition. In a 2005 interview with
Radio Free EuropeRadio Free Europe/Radio Liberty is an international broadcast organization that provides news, information, and analysis to countries in Eastern Europe and Middle Asia. RFE/RL is supervised by the Broadcasting Board of Governors, with the US Secretary of State among its members. It is funded by the...
, presidential candidate
Alaksandar MilinkievičAlaksandar Uładzimieravič Milinkievič or Milinkevich; is a Belarusian politician. He was nominated by the leading opposition parties in Belarus to run against incumbent Alexander Lukashenko in the presidential election on 19 March 2006.-Biography:Milinkievič was born in 1947 in Hrodna...
stated that Belarus' stance as a neutral country, stated in Article 18, should be preserved with regard to joining NATO and the European Union. Legal interpretation of the Constitution is also brought into question. In a 1998 journal, the
New York UniversityNew York University is a private, nonsectarian, research university in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...
School of Law noted that Belarusian legal scholars came up with a new theory to deal with jurisprudence. Laws are constitutional if they follow the will of President Lukashenko and the people; unconstitutional if the president and the people do not like it. The laws that fall in the latter category are considered "ignored" by the legal scholars. In June 1999, a Special Rapporteur on the Independence of Judges and Lawyers from the
United NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and the achieving of world peace...
visited Belarus and noted inconsistency between national laws, decrees and the Constitution. The UN
rapporteurRapporteur is used in international and European legal and political contexts to refer to a person appointed by a deliberative body to investigate an issue or a situation and report to that body....
, Dato Param Cumaraswamy, especially noted that temporary decrees issued by the national authorities are still in force, even if they had expired or contradict the Constitution.
External links