2023.06.14

A.Kubilius. Lukashenko to the Hague Tribunal for the sufferings of the opposition! Putin will follow!

On June 12^th, Vilnius hosted an important international conference on “Responsibility of Lukashenka’s regime for crimes against humanity and migrant crisis: prospects for international justice”, organised by the Ministry of Justice and the Justice Hub/Law and Democracy Centre, headed by Professor Dainius Žalimas.
Last year’s first Vilnius Conference was the place where the road was paved towards an International Tribunal against Putin for the crime of war aggression. Such a Tribunal is now being established. This year, the second Vilnius Conference is paving the way towards an international tribunal against Lukashenko for crimes against humanity. Such a tribunal for Putin would follow.

I also have had the opportunity to address the conference. My main theses:

The main conclusion we must draw from the last decades is that if the international democratic community does not stop an authoritarian regime at the very beginning, when it is just beginning to violate human rights and democratic norms, then in the long run it will evolve into an international aggressor (Russia, Belarus).

At the same time, over the last few years it has become clear that the known instruments of international law and policy, such as personal sanctions or instruments of universal jurisdiction, which have traditionally been aimed at stopping the violations of human rights and democratic norms by authoritarian regimes, unfortunately do not have the desired effect – regimes do not suspend their criminal activities.

It must therefore be stated that the international democratic community has so far demonstrated its inability to stop the crimes that authoritarian regimes are committing against their citizens. The question is whether there are any instruments of international law that have not yet been used that would help the democratic community to protect the human rights of the Belarusians persecuted by Lukashenko? Can ordinary Belarusians receive international justice and can Lukashenko face international criminal responsibility for the crimes that he has committed against the Belarusian people? The same would apply to the protection of rights of Russians who are being persecuted by the Putin regime, as well as to Putin’s international criminal responsibility: not only for the crime of war aggression, not only for the criminal deportation of the Ukrainian children, but also for the crimes of persecution of the Russian opposition and of civil society, for the crimes against Alexey Navalny, Vladimir Kara-Murza, Ilya Yashin, Alexei Gorinov, who are currently in jail, for the murders of Boris Nemtsov, Galina Starovoitova, Alexander Litvinenko and the other regime critics.

Under international law, if a regime’s crimes against the human rights of its own citizens reach such a level of mass scale and deliberate criminal policy that it is recognised by the international community as amounting to crimes against humanity, the regime’s crimes must be investigated by the International Criminal Court, commonly referred to as the Hague Tribunal. If the Hague Tribunal does not have the mandate to investigate such crimes in the case of a particular country (e.g., because the country has not ratified the Rome Statute, as is the case with Belarus and Russia), a Special International Tribunal must be established.

The international community has already agreed to do so in relation to the investigation of the crime of war aggression committed by the Putin regime: a Special Tribunal will be established to investigate this crime.

A Special International Tribunal to investigate the crimes against humanity committed by Lukashenko against the Belarusian society would be a strong step by the international community in giving the Belarusians the right to international justice. At the same time, it would also be a signal to Lukashenko’s elite that it is time to make up their minds whether they really want to go to The Hague Tribunal together with Lukashenko.

In order to go down this road and establish a special Tribunal for Lukashenko, it is first of all necessary for the international community to declare that Lukashenko’s criminal actions amount to crimes against humanity (ideally by the United Nations General Assembly). This is how the road to the establishment of the Special Tribunal to investigate the crime of Putin’s war of aggression began last year: at the start of the war, the General Assembly declared that Putin’s military action was not a special operation, but a criminal act of war of aggression in breach of all the rules of international law laid down by the UN.

The journey towards the international community recognising Lukashenko’s actions as amounting to crimes against humanity has already begun. I recently wrote that the United Nations Commissioner for Human Rights has published an investigative report in which he has found that Lukashenko may have committed crimes against humanity by persecuting people who protest against his regime.

The way forward: A resolution of the United Nations General Assembly confirming the conclusions of the same UN Commissioner for Human Rights’ investigation that the crimes committed and being committed by Lukashenko against the people of Belarus amount to crimes against humanity. This would open the door to the creation of the Special Tribunal to investigate such crimes.

Putin’s crimes against Russian citizens should be treated in the same way. Putin’s crimes are of the same nature and scale as Lukashenko’s crimes. Therefore, the path of international justice should be similar: firstly, a thorough investigation by the United Nations Commissioner for Human Rights, which is likely to recognise that such crimes amount to crimes against humanity, then a special resolution of the UN General Assembly and then a special tribunal.

Thus, Putin (and Lukashenko) are facing three tribunals: a Special Tribunal in The Hague to investigate the crime of war aggression (Lukashenko as an accomplice in the aggression); an ICC Tribunal in The Hague to investigate the crime of the deportation of the Ukrainian children (an arrest warrant has already been issued for Putin, and Lukashenko’s involvement in the crime is under investigation); and we are now proposing the establishment of Special Tribunals to investigate the crimes against humanity committed by Lukashenko and Putin in the persecution of their own nationals.

Democracies must learn to defend themselves and defend human rights where they are criminally violated. Autocrats must know that democracies are not toothless and that tribunals await autocrats. Lithuania can play a very important role in this process.

2022.02.07

Andrius Kubilius. Statement on Belarus: Mr. Lukashenka and the President Putin are occupying Belarus

Andrius Kubilius
Statement on Belarus

Mr Lukashenka and the President Putin are occupying Belarus

Mr Lukashenka for many years since the very beginning of his authoritarian regime has been the Kremlin’s slave and a powerless servant of the President Putin. In 2020, he had a chance to stand by a side of the Belarusian people, but ultimately chose to stand against his nation and to continue his service to the Kremlin.

As the President Putin’s puppet, Mr Lukashenka is not able to change and even resist the Kremlin’s decision to deploy 30 000 troops in Belarus. All what Mr Lukashenka could to do is to follow the orders of the Kremlin. He was not asked for a permission, but got a directive to accept the biggest Russian deployment in Belarus since the Cold War.

No matter how this deployment is called, be it an exercise or a military alliance, Mr Lukashenka will be responsible for the consequences of his military collaboration against the will of Belarusian people.

If the President Putin will decide to invade Ukraine, he will commit an international crime and will be trialled for this by the international tribunal in Hague. If this invasion will take place from the Belarusian territory, Mr Lukashenko will become the accomplice in committing the war crime, and will be trialled together with Mr Putin.

This is why Mr Lukashenko should simply pray (since he has no other instruments to influence Putin’s decisions), that Russian troops now stationed on Belarusian soil will not be part to a military invasion into Ukraine.

If in the period when Belarus has no legitimate authority, the Russian troops will invade Ukraine from Belarus or will stay in Belarus for unlimited period, it will be the factual evidence that the Kremlin has occupied Belarus and Mr Lukashenka is a traitor of Belarusian statehood, and this betrayal will be his only legacy.

The West will be responding with harsh sanctions to the occupation of Belarus, as it did in the case of Russian occupation of Crimea in 2014. This response will involve personal sanctions on the Kremlin officials, sectoral sanctions on the economy of Russia, a comprehensive non-recognition policy of annexation of Belarus and an immediate launch of the international tribunal to trial Mr Lukashenka for his crimes against the people of Belarus and the Belarusian statehood.

If the Belarusian military will support the Russian invasion, its commanders will be sharing the same bench at the Hague Tribunal next to Mr Lukashenka and Mr Putin.

However, the administration of Belarusian institutions still has a change to distance itself from Lukashenka’s war crimes and to choose a different path of working not for the dictator, but for the future of the people of Belarus and for the future of democratic Belarus.

2021.12.01

MEP Andrius Kubilius. Six point joint agenda for democratic Belarus

Svetlana Tsikhanouskaya, the leader of the Belarusian democratic forces, during her address at the plenary session of the European Parliament in Strasbourg on 24 November 2021 said that the Belarusian democratic movement cannot afford to wait for Europe much longer and that European expression of solidarity and concern must now be transformed into concrete action. She emphasised that Europe needs to become more proactive when facing autocracy. With this statement, Sviatlana Tsikhanouskaya has conveyed a wake-up call to the political community of the EU to have a bold and effective agenda of democratic change in Belarus.

The suggestions on the six point joint agenda, as presented below, were put on paper after the inspiring and intensive consultations in Strasbourg we held with Sviatlana, her team and MEP friends of democratic Belarus in the European Parliament. I believe these actions are the straight way forward for the EU together with democratic forces of Belarus to make the transformation to democracy possible.

Using international tribunals to seek justice for the people of Belarus

The EU must take real action to fight the impunity in Belarus enjoyed by Lukashenko and his regime; the EU institutions should lead the preparations together with the EU Member States to bring A. Lukashenko and collaborators of his illegal regime to the International Court of Justice in the Hague for crimes against Belarusian people, notably for offenses under the Convention against Torture; the EU institutions should also remind the Belarusian authorities that organising and sponsoring of illegal migrant smuggling into the EU territory is an international crime, and for this crime Mr Lukashenko and those involved must face criminal liability and be prosecuted under the United Nations Convention against Transnational Organized Crime, which includes a legal opportunity to bring the Belarusian authorities to the International Court of Justice in the Hague for the breach of this Convention; the EU should start the proceedings to bring Lukashenko to international justice for the hijacking of the Ryanair plane in violations of the Chicago Convention, the Montreal Convention and other international agreements; the EU should coordinate with the Member States in their efforts to implement national universal jurisdiction instruments for bringing Belarusian perpetrators to justice.

Seizing the assets of Mr Lukashenko and his family

The EU together with international partners should take the lead in seizing the assets, including the ones hidden in Arab countries, held abroad by Mr Lukashenko and his family. As a first step in this direction, the EU should make a comprehensive report on the assets held by Mr Lukashenko and his entourage, as well as on the ones helping to reallocate these assets abroad. Everyone assisting in moving these assets abroad shall be subject to targeted sanctions from the EU.

Increasing sanctions to the ones who support Lukashenka and his regime: a message to the Kremlin

The EU should introduce targeted sanctions against the Kremlin regime and its oligarchs who support criminal activities of Mr Lukashenko; such sanctions should be introduced for at least: a) the Kremlin’s support to Lukashenko crimes in persecuting domestic opposition and civil society and b) the Kremlin’s support to Lukashenko crimes in initiating hybrid war on the external borders of the EU. The EU should also penalise Russian assets used directly and indirectly to interfere in democratic processes of Belarus. The EU institutions should make regular reports on Russia’s financial interference in Belarus, including in strategic sectors, and include information about assets of Mr Lukashenka and his entourage.

The EU should be sending a clear message to the Kremlin that any agreements with Lukashenko regime, such as related to the so-called “Union State” and further progressive destruction of Belarusian state sovereignty, are null and void, as an illegitimate Lukashenko regime has no right to take any decisions, especially those related to the sovereignty of the Belarusian people; the Kremlin’s attempts to implement annexation of Belarus should be met from the EU side with a clear threat to introduce the same sanctions against the Kremlin as in the case of illegal annexation of Crimea.

Seeking reconciliation for those in bureaucracy of the regime who were not involved in the crimes committed by the regime and are willing to cooperate in building a future for democratic Belarus

The EU must help democratic Belarus effectively assess and separate from the outset those Belarusian government officials who are tainted by the crimes of the Lukashenko regime and those who have escaped them; this can be done under the national truth and reconciliation initiative of democratic Belarus, which can use the reconciliation experiences of many former dictatorships, such as Truth and Reconciliation Commission in South Africa[[1]]; those government officials, who will prove through the truth and reconciliation programmes that they were not part of the Lukashenko regime crimes, should be invited to continue their work in democratic Belarus; those who have fled Belarus from the regime’s persecution or who have suffered the regime’s torture in prison, must take the responsibility from the outset for managing the reconciliation process in democratic Belarus.

Immediate launching of the EU Marshall plan to embrace democratic changes in Belarus

The Commission has approved a large-scale 3.5 billion “Marshall Plan” of financial and investment support for democratic Belarus, which has to be provided immediately after the democratic transition of power. Unfortunately, the public potential of this plan is not yet exploited to a full extent: there are no substantive and detailed discussions led by the EU institutions with the leaders of Belarusian democratic revolution regarding the implementation modalities of such a plan. The ordinary Belarusians know very little about the EU’s plans to help democratic Belarus after its transition.

It is therefore imperative that the representatives of the EU, together with Belarusian experts on democratic change, have to start immediately intensive public consultations on the modalities for the implementation of the Marshall Plan. The EU institutions have to engage with democratic Belarus on this matter right now. The EU has to engage in structured political dialogue on the reform and investment support aspects of the plan for Belarus and provide administrative and advocacy capacity building assistance to the democratic forces of Belarus involved in the preparations of the plan.

This will not only help Belarusians better understand the opportunities opened up by the Marshall Plan, but will also help them get better organised and used to the idea that after the democratic transition the European direction is a worthwhile choice for them. Such discussions could have a major impact on the mood of the Belarusian people today, on the democratic transition itself, and on the geopolitical direction they will be inclined to take after the democratic transition itself.

At the initial stage after democracy Belarus will be established, the Commission’s approved 3.5 billion plan will be a good start. However, once the development finance architecture will be in place, there will be a need to convene a donor conference for democratic Belarus, which could launch an active phase of investment support to the modernisation of Belarus. The actual needs for modernisation of Belarus could stand at around 10 to 15 billion euros for the next 5 years, to which we should also add the costs of external debt.

The implementation of the EU plan will require preparatory work on both sides, the EU and democratic forces of Belarus, and that needs to be started now. The EU has to develop a consistent architecture and a mechanism to pursue the political dialogue with Belarusian democrats and seek an agreement on a joint vision both of investment support plan and of future relationship in between the democratic Belarus and the EU. This mechanism can work as an interim international agreement between the EU and the leaders who are fighting for democratic changes in Belarus.

Building EU future relations with Democratic Belarus: agreeing joint policy guidelines within the Eastern Partnership initiative now and after the democratic changes

The EU needs to upgrade its policy for democratic change in Belarus and to engage more actively with democratic forces of Belarus by giving them a seat at the Eastern Partnership Summit. The EU can do even more and establish accredited democratic Belarus representation in the EU and its Member States. The upgrading of EU relations is a necessary step for the EU to endorse the democratic changes in Belarus. The EU needs to establish as soon as possible a clear perspective regarding its future relations with the democratic Belarus. This should be a much closer cooperation with the EU, which could take a form of a new generation Association Agreements (Europe Agreements) between the EU and democratic Belarus.

The EU can further contribute to the mobilisation of democracy in Belarus by organising the annual EU summits with democratic forces of Belarus followed by the adoption the joint policy guidelines. For example, at the first summit, the EU together with delegation representing the democratic forces of Belarus could agree on the following policy guidelines: (1) future of EU relations with democratic Belarus after the fall of the regime, (2) interim architecture of the EU’s political dialogue with the representatives of democratic Belarus, (3) implementation architecture for the comprehensive EU multi-billion plan, interim and after the fall of the regime, (4) establishment of the EU lead group to work on international justice for the people of Belarus (the trial process of Mr Lukashenko).

[1] http://www.justice.gov.za/trc/

2021.07.15

European Commission to allocate Lithuania 10 million euros to resolve migrant crisis

During a recent sitting at the European Parliament Committee on Foreign Affairs and Committee on Civil Liberties, Justice and Home Affairs, there was a lengthy discussion of the situation regarding the transportation of illegal migrants from Belarus across the Lithuanian border.

Participating European Commissioner Ylva Johansson from Sweden said that the arrival of migrants crossing the border from Belarus to Lithuania illegally has increased by a factor of 22, with the situation worsening by the week. Most of the migrants are from Iraq, Congo and Cameroon. “The EU imposed sanctions on Belarus and expanded them, and the Lukashenko regime responded. It appears that the Belarusian government is aiding the illegal migrants and that this is a response to Lithuania’s actions in defending Belarusian civil society,” the European Commissioner said.

Based on available information, it can be noted that the migrants are arriving from Istanbul and Baghdad to Minsk via commercial flight, with the Belarusians organising several flights a day and then transporting the migrants to the Belarusian-Lithuanian border, where they continue to cross it in unmonitored location. They then request asylum. “This is a difficult situation, and so it is important for us to show solidarity with Lithuania,” said European commissioner Y. Johansson.

According to Johansson, the European Commission is prepared to offer financial support, and in order to assist with resolving the illegal migrant crisis, 10 million euros are to be allocated from various programmes. Furthermore, there are to be discussions held on suspending the visa regime with Belarus, with Johansson stating that migrants should not become a political tool and that Lithuania must receive the EU’s support. Lithuanian Minister of Interior Affairs Agnė Bilotaitėsaid that this influx of illegal migrants is a hybrid attack against Lithuania, and indeed all of the European Union.

“Illegal migration is exploited as a weapon, and its scale has increased dramatically,” she said, as she believes that this is happening due to Lithuania’s active support to Belarusian civil society, adding “It’s a war against the entire EU and Western democracies.” The minister introduced the situation in-depth at the Lithuanian-Belarusian border and presented documentary evidence on how the Belarusian regime is assisting the migrants in reaching Belarus. Most of the arriving migrants come without documents and with one-way tickets, but a tourism agency with ties to the Belarusian regime’s administration issues them visas at Minsk Airport. Furthermore, traces of border crossing and such are concealed. According to the minister, Belarus’ border guards do not cooperate with Lithuanian institutions and do not perform any investigations of illegal crossings across the Belarusian-Lithuanian border.

She also introduced the measures that Lithuania has employed in seeking to contain the situation on the EU’s border. Member of the European Parliament Rasa Juknevičienė, who initiated the discussions on this issue, noted that this is no simple case of migration but a hybrid attack supported by the Kremlin and perpetrated by Lukashenko against not only Lithuania but all of the European Union. “People are thrown across the border like bombs in an effort to assault a neighbouring country’s sovereignty. In Lithuania, we link this attack to not only the Lukashenko regime’s revenge for our support to democratic forces but also to the looming Russian-Belarusian military exercises Zapad 2021,” said the MEP. According to Juknevičienė, their scenario had numerous hybrid warfare elements during similar exercises two years ago.

“There is a high likelihood that this year, numerous non-conventional measures will be employed. This also includes artificially inflated migrant flows, live disinformation in EU languages, and various proxy structures within countries,” she said. Also, the MEP pointed out, migrants, that is to say, human beings from distant countries, are being exploited as a tool. “You have to be blunt about this. Lukashenko’s team is working alongside the Kremlin in creating transportation chains for illegal migrants. They are as if a component part of the military complex and can be promptly leveraged for attacks against neighbouring countries, and information has surfaced that there is also close cooperation with Iranian special services,” the MEP pointed out.

She emphasised that the EU must inspect the situation in-depth, particularly with regards to security and defence. “If analysis and prompt solutions are not employed, far larger attacks could occur in the future against any EU country. If we are talking about strategic security autonomy, this is precisely where the EU should be able to predict threats and have the capacity to defend itself,” said Juknevičienė. According to the MEP, if Lithuania fails, it will be a sign to Lukashenko-type dictators that they can use this sort of weapon at an even wider scope, and at a larger scale. The session included the director of the European Border and Coast Guard Agency FRONTEX Fabrice Leggeri, who introduced which measures the agency has turned to in response to this crisis, as well as European External Action Service representative Luc Devigne, with statements also from other MEPs.

2021.07.01

A. Kubilius. Belarus, not Mr Lukashenko, is the EU partner in the Eastern Partnership initiative

Illegitimate Mr Lukashenko has forged the elections and became an usurpator of power in Belarus.

The regime of Lukashenko is trying continuously and desperately to hold onto power by using repressions against the innocent Belarusians and by committing terroristic acts, fear-mongering, using mass propaganda and threats.

The decisions of Mr Lukashenko from the point of view of international law are null and void.

The recent statement of the Lukashenko regime on the so-called suspension of Belarus’ participation in the Eastern Partnership means the only thing: the dictator Lukashenko might be leaving the Eastern Partnership initiative, however neither he nor his illegitimate regime is in a position to remove Belarus from the EU Eastern Partnership policy and programmes.

Decisions of the illegitimate regime have no legal consequences. For the EU, its member states and institutions, Belarus remains the partner in the Eastern Partnership initiative. Similarly, any further decisions of Mr Lukashenko or his regime regarding Belarus will be null and void.

The decisions on the future of Belarus are in the hands of the people of Belarus. Only the people of Belarus by means of free and democratic elections can choose the path for their country.

We expect that the dictator Lukashenko will soon make one last right decision to leave Belarus. The international community and the EU in particular stands with the people of Belarus and is ready to assist them in a peaceful transition of power via democratic and free elections.

The European Parliament underlines that Belarus remains in the Eastern Partnership initiative and is ready to increase engagement with the democratic forces of Belarus. In the same spirit, the leaders of the democratic Belarus should be officially invited to represent Belarus in the forthcoming Eastern Partnership Summit, which will be held in Brussels in December 2021. The illegitimate declarations of the usurpator Lukashenko will have no impact on the status of Belarus in the Eastern Partnership initiative.

Andrius Kubilius, MEP

The Co-President of the Euronest Parliamentary Assembly

2021.06.02

Belarus: Four-action plan

After the past few weeks’ events pertaining to Belarus, everyone is naturally left with the question, ‘what next?’ What can the West do for the Lukashenko regime to be finally stopped, and the Belarusian people have restored what Lukashenko stole from them – their free and democratic elections?

How can we finally halt a regime, which, if it is not stopped in time, will turn from authoritarian to terrorist? How are Putin’s plans to realise a “creeping” annexation of Belarus, which would be no different to the Crimean occupation, to be stopped? All these questions demand clear answers, as well as clear actions, from the West. It is good that immediately after the aircraft hijacking, the European Union demonstrated atypical resolve, unity and effectiveness, and it is also good that new sanctions packages are in the pipeline. But it is worth considering further leverage, which could help finally resolve the Belarusian crisis.

In the short-term, I see four little-discussed key measures, which are described very briefly here:

– International tribunal against Lukashenko: It is entirely evident that Lukashenko’s actions, both the terrorist aircraft hijacking and the persecution of the Belarusian people, are in line with all traits of crimes punishable by international law. It is also clear that this will one day be deliberated on at some international tribunal. I International experts are already collecting evidence and testimonies of such crimes; however, the tribunal is needed sooner rather than later because only this can halt the so-far unstoppable crimes. Western democracies must urgently consider how to establish such a tribunal without waiting for United Nations approval, or where the Kremlin will leverage its veto right to block such decisions. Such decisions by Western democracies are necessary now not only to immediately put a stop to Lukashenko’s crimes, but also so that other leaders who are inclined toward authoritarianism and brutal persecution of the opposition are preventatively warned today about what awaits them if they follow Lukashenko’s example.

– “Belarusian sanctions” on Putin: Putin remains the single ally and supporter of Lukashenko, and it is only thanks to his support does Lukashenko continue to commit his crimes against the Belarusian people. Putin makes no effort to conceal his interest in ensuring that in return for this support, the illegitimate citizen Lukashenko will cede to him the remnants of Belarusian sovereignty, allowing Putin to fully realise his illegal creeping annexation of Belarus. Putin’s actions – both his support to the terrorist A. Lukashenko regime, and the plans for creeping annexation, are a severe attempt at Belarus’ sovereignty, which belongs not to the illegitimate Lukashenko, but to Belarus’ people. The West must immediately, clearly, and loudly indicate that it is prepared to impose the strongest sanctions on Russia if the Kremlin refuses to quickly retract its support for the criminal Lukashenko regime, and if the Kremlin does not abandon its plans to realise the illegal annexation of Belarus. Putin must realise that “Belarusian sanctions” will be just as painful as the “Ukrainian sanctions” the Kremlin was met with following the Crimean and Donetsk occupations in 2014.

– J. Biden’s pressure on Putin: On June 16, a meeting is planned between President of the United States Joe Biden and Putin, and this is a good opportunity to relay a unified message from the West to Putin’s regime: hands off Belarus! Also, off Ukraine and A. Navalny! Equally, consequences (sanctions) must be clearly presented in case the Kremlin pretends that it failed to hear or understand the call to cease being an enabler of Lukashenko’s crimes. As of late, the Kremlin has understood the polite talks from the West, the diplomatic manoeuvres and attempts to perceive a soul in Putin’s eyes as a sign of Western weakness, which incites even greater aggression from the Kremlin. It is time for the West to learn to talk to the Kremlin in a firm language of principles, and the Belarusian crisis is a litmus test for the West.

– Western (European Union) leadership: one of the main troubles for the West, highlighted during the protracted Belarus crisis, is a clear deficit in leadership. After reviewing all the European Union institutions in my mind, I cannot find any institutional heads or their subordinates who could be described as leaders who would take to 24/7 solving of the Belarus crisis, and the same can be said of the EU member states. Greater movement only occurs if something special happens in Belarus, such as an aeroplane hijacking. In such a case, leadership, coordination and efficiency surface, however, to solve the Belarus crisis, we need long-term Western leadership, not a one-off. We need joint European Union and US efforts to resolve the Belarus crisis. Even the much smaller scale Georgian political crisis required the personal efforts of European Council President Charles Michel to resolve, and such leadership is also needed to resolve the Belarus crisis. This four-action plan is necessary not only for suffering Belarus. It is also needed for the European Union and indeed the entire West, so that we may finally be freed from torturous political despair.

The article was published in www.15min.lt

2021.05.23

Statement of MEP A. Kubilius: Dictator Lukashenko has initiated an act of the State terrorism and aggression against EU citizens and EU private company

On 23 May 2021, at noon, Belarus Air Force fighter jets have hijacked the Ryanair flight FR4978 originating from Athens and bound for Vilnius with 171 passengers on board, including the journalist Roman Protasevich, who was detained by the Belarus authorities after the passenger plane was forced to land in Belarus by the order of A. Lukashenko.

This is a direct violation of the Chicago Convention on the International Civil Aviation. Dictator Lukashenko has initiated an act of the State terrorism and aggression against the EU citizens and the EU private company.

Roman should be freed immediately and allowed to continue his travel.

Extraordinary meetings of the UN Security Council and the EU European Council have to be called immediately to launch an international investigation of the acts of State terrorism in Belarus.

Andrius Kubilius is the Co-President of the Euronest Parliamentary Assembly

2021.03.23

For Our Freedom and Yours – Declaration in Support of Free and Democratic Belarus

Since the fraudulent elections of 9 August 2020, the people of Belarus, gathering by hundreds of thousands in peaceful rallies all over Belarus and in exile, have been demanding freedom for Belarus. Alexander Lukashenko and his regime stole the victory of Sviatlana Tsikhanouskaya, rigged the elections and launched a brutal struggle against his own people.

The illegitimate regime of Lukashenko is practising a mere brutality by repressing tens of thousands of peaceful demonstrators, using a torture on the innocent people, which has resulted in traumas of many citizens and deaths of Alexander Taraikovsky, Alexander Vikhor, Nikita Krivtsov, Kanstantsin Shyshmakou, Hienadz Shutau, Denis Kuznetsov, Roman Bondarenko and others.

There are nearly 300 political prisoners in Belarus. Maryia Kalesnikava, Viktar Babaryka, Siarhei Tsikhanouski, Mikola Statkevich, Paval Sieviaryniec, Ihar Losik and many, many others remain in prison for their dream to see Belarus free again.

On the occasion of 25 March, the Freedom Day of Belarus, we, undersigned, stand in solidarity with Democratic Belarus and express our full support for the enormous sacrifice and courage of the people of Belarus, our closest neighbour.

We invite all parliaments in Europe, U.S., Canada and other countries to organise groups “For democratic Belarus” and keep coordinating our efforts within this framework.

We, undersigned, invite the leaders of the EU, its Member States, G7 and partner countries, as well as international organisations to take bold leadership and initiate a process for a peaceful transition of power through the new elections in Belarus. This effort made by international community should lead to ending the terror and repressions in Belarus, freeing all detainees and political prisoners, and setting a course forholding free and democratic elections in the coming months before 9 August 2021.

Andrius Kubilius, Co-Chair, on behalf of the Informal Group of Friends of Democratic Belarus in the European Parliament

Andrzej Halicki, Co-Chair, on behalf of the Informal Group of Friends of Democratic Belarus in the European Parliament

Žygimantas Pavilionis, Chair, on behalf of the Informal Group of Friends of Democratic Belarus in the Lithuanian Parliament,

Olexey Honcharenko, Chair, on behalf of the Informal Group of Friends of Democratic Belarus in the Ukrainian Parliament,

Robert Tyszkiewicz, Chair, on behalf of the Informal Group of Friends of Democraticp Belarus in the Polish Parliament

2020.12.02

Belarus: MEPs strongly condemn the continuous human rights violations by state authorities

MEPs and experts discussed the international efforts to investigate human rights abuses and seek justice for victims in Belarus, on Tuesday afternoon.

During the debate, Professor Dr. Wolfgang Benedek presented the content of the Organization for Security and Co-operation in Europe’s (OSCE) new report under the Moscow Mechanism on alleged human rights violations in Belarus following the fraudulent presidential elections on 9 August.

Members expressed their deep concern over the findings, which clearly point to a continuous brutal crackdown by states authorities and security forces on peaceful protesters, arbitrary mass arrests of demonstrators, civil society representatives and independent journalists, documented torture of detainees and several other severe human rights abuses.

They also conveyed their genuine appreciation for the Belarusian citizens, including human rights defenders, who continue to work on collecting and documenting witness statements and evidence of the brutality on the ground.

“The European Parliament should support a Belarus justice hub, under its democracy support programmes. This hub, as it was already referred to in Parliament’s resolution, could include a centre to collect evidence, and an international panel of law experts to assist with investigations in international and domestic courts, including when it comes to the matter of applying universal jurisdiction in torture cases”, said Andrius Kubilius (EPP, LT), Chair of the delegation to the Euronest Parliamentary Assembly.

A new sanctions regime needed

MEPs also heard testimonies from Anaïs Marin, UN Special Rapporteur on the situation of human rights in Belarus, and Eugenia Andreyuk, human rights lawyer and expert on the International Committee on Investigation of Torture.

Most of the participants stressed the need for the EU to keep pushing for an international investigation of the crimes committed by the Belarusian state and to set up and support new mechanisms to help victims with criminal proceedings, in cooperation with international law experts.

They also called on the EU to start moving from words to action, including by finally putting in place a global human rights sanctions regime, in order to target individual perpetrators in Belarus with sanctions. All the regime officials responsible for grave crimes must be brought to justice, MEPs underlined.

Members also called on the Belarusian authorities to start cooperating with international representatives and organisations, such as the OSCE and the UN Special Rapporteur.

For all the interventions in full, you can watch the debate again here. (01.12.2020)

The debate was organised by the Foreign Affairs Committee and the Subcommittee on Human Rights in association with the delegations for relations with Belarus and the Euronest Parliamentary Assembly.

EP information

2020.11.27

Time to act for the EU: five point plan for democratic Belarus

Since the fraudulent presidential election of the 9th of August 2020, the Belarusian people over nearly four months are in the midst of their fight for freedom and democracy. The political situation in Belarus, a country, which is in the heart of Europe, is deplorable and reminds us the horrors of 1937-1944. The only difference is that Belarus today is under the occupation by the Lukashenko regime, which is systemically using torture, violence and a wild-scale terror against Belarusian citizens.

The fight for democracy in Belarus is real. It is in the courtyards and streets, widespread all over Belarus. This is a Democratic Belarus Revolution. Revolution of dignity and consciousness. This Revolution has its heroes, which are the people of Belarus, and one enemy, a tyrannical Lukashenko regime, which has plunged itself in the massive repressions all over the country. Just over three months, Belarus have overpassed a number of 30 000 people imprisoned, which is constantly increasing, peaking to over 1000 people per day. These detentions are followed by the reports of torture, rape and kidnappings. At least, ten persons of the peaceful protests – Raman Bandarenka, Alexander Taraikovsky, Gennadiyd Shutov, Alexander Vikhor, Mikita Kryutsou, Denis Kuznetsov, Stanislav Chur, Alexei Demidov, Alexander Budnitsky, Konstantin Shishmakov – have been found dead since 9th of August 2020.

Up until now, the response of the EU to the legitimate demands of Democratic Belarus is clearly not sufficient. The inaction of EU and its institutions undermines the credibility of the western community to defend democracy in the heart of Europe. The EU yet has to realise that its policy on Belarus is a geopolitical litmus test for the future of democracy in the whole European continent. The failure to effectively support the changes in Belarus will only bring even wider negative implications and will work hand in hand for Putin’s regime, which is repeating Lukashenko’s experience by systemically targeting and oppressing the opposition in Russia.

Yet, it is not too late for the international community and the EU to come into the play and to liberate Belarus from the occupation. The EU can develop a comprehensive and ambitious plan to support and rebuild the institutions of Democratic Belarus.

The EU has many policy instruments as its disposal, which can and must be deployed immediately to stop the repressions in Belarus and to start a peaceful transition of power.

Action One: International Compact for Democracy At the international level, the EU can use the opportunity to boost its cooperation with the world leaders, including with the US President-elect, to defend democracy globally. The Summit for Democracy, as a new international compact, could be an opportunity for the international partners to renew commitments on defending human rights and standing against dictatorships. This is, especially, important in the eastern part of the European continent, where the people are courageously demanding changes and a genuine transformation towards democracy.

Action Two: Fully fledged policy dialogue with representatives of Democratic Belarus At the EU and national level, the determination of the European Parliament is another opportunity for the EU to act. The Parliament is ready to engage and urgently organise a fact-finding mission of MEPs to meet with Ms Sviatlana Tsikhanouskaya in Vilnius and with representatives from the Coordination Council in Warsaw, to structure the demands of Democratic Belarus. This would help the European Parliament to prepare for the launching of the High-Level mission to engage with the Government of Belarus, leaders of Russia, the United States, and, most importantly, with leaders of the EU and its Member States, to work together to stop repressions of the Belarusian people, to free political prisoners and to prepare for the new elections. The EU has yet not fully used the potential of its democracy support toolbox available for the mediation needs, capacity building and electoral support for a peaceful transition of power in Belarus.

Action Three: International Tribunal of the crimes committed by Lukashenko regime The EU should be much more active in contributing, without delay, to the international investigation of the crimes of Lukashenko regime and assist the establishment of International Tribunal for this purpose. In particular, the EU can support the establishment of the evidence collection centre and the EU taskforce or panel of the international law experts to assist the international investigation of cases (Belarus Justice Hub). The European Parliament is holding hearings and meetings of its committees, working groups and delegations, but this is not enough. We need a leadership of this process internationally and nationally, for example, to coordinate domestic proceedings of applying the universal jurisdiction in the cases against torture. The instruments provided under the European Network for investigation and prosecution of genocide, crimes against humanity and war crimes (Eurojust) initiative should be also used more actively. The EU must be actively supporting and contributing to the international investigation in cooperation with the UN Human Rights Council, the UN High Commissioner for Human Rights, the OSCE Moscow mechanism, Belarus Justice Hub, the UN Convention against Torture, to name a few organisations and initiatives among many widely recognised international instruments of justice.

Action Four: EU reform and investment support plan for Democratic Belarus The EU has to finalise, as soon as possible, a multi-billion-euro EU reform and investment support plan for Democratic Belarus, which will include reform and investment capacity building measures coordinated by the EU task-force, organisation of the international donor event with G7 and IFIs, provision of the EU external investment support instruments (EU Guarantee Instrument, EU pipeline project investment platform) as well as the proposals for national platform of investments in Democratic Belarus (coordination of investment assistance, EU macro-financial assistance, private and public investments, compact for reforms in cooperation with IFIs, IMF and national promotional institutions).

Action Five: Going operational with Democratic Belarus Representation Office (DBRO) The EU, in cooperation with the European Parliament, should act together with Ms Sviatlana Tsikhanouskaya and the Coordination Council to establish without delay in Brussels the Democratic Belarus Representation Office (DBRO), which would coordinate at the EU level the dialogue mediation, policy advocacy and strategic communication needs. The European Parliament, in cooperation with EU institutions and partners, could be ready to support DBRO with democracy support, EU thematic and international support programmes. The DBRO should be given full credentials to work with the EU institutions in order to promote the interests of Democratic Belarus.

At the operational level, the EU must act quickly with the provision of EU financial support to victims of repressions, independent media, workers and their families participating in the national strike throughout Belarus. The EU can assist in organising workshops with European trade unions, facilitating the exchange of experience with colleagues from other countries having similar repressive circumstances, for example of Polish Solidarnosc and a role played there by the trade unions.

The EU institutions must work intensively in the preparation of the EU-led mediation roadmap with international leaders and to elaborate without delay the EU non-recognition policy of Lukashenko regime (as is the case with EU policy on Crimean occupation). The EU must act quickly to engage with representatives of Democratic Belarus institutions via the policy instruments of a political dialogue. The EU can do more in providing targeted sectoral economic sanctions, banning Lukashenko’s Belarus from international sport and culture events, as well as establishing a comprehensive list of Lukashenko regime mercenaries who would be subject to a wide spectrum of sanctions and, in particular, to a wide-scale EU visa ban, forbidding the entry to the EU for everyone who participated in the repressions of Belarusian people.

Finally, the EU can be more active in area of public diplomacy. It can initiate public awareness campaigns and international events, such as the meetings with international trade unions, student, media and human rights organisations. It can organise, for example, Free Belarus Forum in cooperation with the World Belarus Congress, as well as thematic events, such as Students Forum, Free Media Forum, Trade Unions Forum and Human Rights Forum to express our unwavering support to Belarus.