Constitution of Belarus
The Constitution of the Republic of Belarus (Belarusian: Канстытуцыя Рэспублікі Беларусь; Russian: Конституция Республики Беларусь) is the ultimate law of Belarus.[1] The Constitution is composed of a preamble and nine sections divided into 146 articles.[2]
Adopted in 1994, three years after the country
The constitution was drafted by the Supreme Council of Belarus, the former legislative body of the country and is heavily influenced by Western constitutions. The constitution has been amended thrice under controversial circumstances since the original adoption, in 1996, in 2004 and in 2022. Two referendums that were disputed by independent observers and government opposition leaders increased the power of the presidency over the government and eliminated the term limits for the presidency.
History
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Belarus portal |
The
Modern constitution
When Belarus became independent from the Soviet Union in 1991, the Supreme Council of Belarus passed the Declaration of State Sovereignty of the Byelorussian Soviet Socialist Republic, proclaiming Byelorussian SSR acts legal priority over USSR ones (per article 7 of the Declaration, but this provision was inserted into 1978 Constitution only in August 1991) and formally starting a constitutional process in Republic.[7][10]
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 Council. Upon approval from the Supreme Council, the first draft was published in December 1991 in order for the Belarusian populace to make comments and suggestions.
The gazette Zvezda officially published the Constitution fifteen days later.[14] The Supreme Council 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 Byelorussian Soviet Socialist Republic void, with a few exceptions. The law, passed during the thirteenth session of the Supreme Council, also provided transitional phases for office holders and government organs to form within two years.[15] Every year since 1994, March 15 has been commemorated in Belarus as Constitution Day, a national holiday.[16]
The Constitution introduces
When drafting the Belarus Constitution, the Supreme Council deputies were influenced by the constitutions of various countries, including
Content
The constitution is divided in the following way.
Preamble
In the preamble 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.[20]
Section One: Principles of the Constitutional System
Section One is composed of articles 1 to 20. They prescribe a sovereign, multi-party representative democracy, run by the people of Belarus, that forms its own foreign policy. 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."[1]
The government itself has a system of
The territory of Belarus is divided into discrete
The Constitution also establishes Belarusian and Russian as the official languages of the country, pledges neutrality and non-nuclear proliferation, adopts national symbols, and establishes Minsk as the capital (Minsk was previously the capital of the Byelorussian Soviet Socialist Republic).[1]
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 emergency. No one is allowed to "enjoy advantages and privileges that are contrary to the law."[1] A state of emergency, which can be called by the President of Belarus according to Article 84, has to be approved by the Council of the Republic within three days of its announcement, according to Article 98.[1]
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 penalty to be exercised for grave crimes, but only in accordance with national law. If citizens are arrested, they are granted due process 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.[1]
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 referendums.[1]
In Belarus, the right to vote in elections and
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 Assembly 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.[1]
Section Four: The President, Parliament, Government, the Courts
Section Four, which is divided into four chapters, outlines the functions of the
Chapter Four lists the powers and duties of the Parliament of Belarus, which is called the
The
The
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.[1]
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.[1]
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.[1]
Section Seven: Financial and Credit System of the Republic of Belarus
Section Seven specifies the
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.[1]
To amend the Constitution, one of two things must happen before the National Assembly 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.[1] Rules for conducting a national referendum are enumerated in Chapters 22 through 25 of the Electoral Code of the Republic of Belarus.[22] Since the original adoption of the Constitution in 1994, it has been amended twice; once in 1996 and once in 2004.[23][24]
Section Nine: Final and Transitional Clauses
The ninth and last section of the Constitution was added following passage of the 1996 revision of Constitution and addresses laws passed before 1996. 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 1996 revision of the Constitution, the 1994 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 (as of November 1996) 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.[1]
Amendments
After
1996
More calls for constitutional reform came in 1996.[7] President Lukashenko unilaterally established the referendum after the Supreme Council refused to support the measures or set up a date for the vote.[27] An earlier attempt by the Supreme Council to establish their own referendum in September 1996 was struck down as "inconsistent with the Constitution" by the Constitutional Court.[28] The referendum amended the Constitution mostly to strengthen the power of the presidency.[29] Amongst the changes made were the following:
1- The
2- The term of President Alexander Lukashenko was extended from 1999 until 2001.[23]
During the referendum, 84% of the approximately 7.5 million voters approved the amendments.[30] On November 28 of that year, President Lukashenko signed the changes into law.[1] 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.[7] The 1996 referendum was not, however, the first call to dissolve the Supreme Council. In 1991 and 1992, after the August coup in Moscow by senior CPSU officials, democratic forces in the government wanted to dissolve the Supreme Council 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 Council quashed the measure.[17]
The results of the 1996 referendum led to the exclusion of opposition parties from the new parliament. Due to problems associated with transparency and
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 Lukashenko was only allowed to serve two terms before the Constitution required him to step down.[31] The voter turnout for the referendum was nearly 90%, with 77.3% of the voters agreeing to eliminating term limits.[24] The changes were implemented on October 17, 2004.[32] Like the 1996 referendum, the validity of the vote was brought into question. According to the Organization for Security and Co-operation in Europe (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 non-governmental organizations (NGO) point out that 50% of voters did not participate in the referendum, so they contend that the results reported by the government are flawed.[33] Two years later, Lukashenko ran in the 2006 election and won 83% of the vote during the first ballot.[34] 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.[35]
2022
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.[36] 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.[30] Opposition parties contend that the vote to dissolve the Supreme Council in 1996 removed Belarus' last democratically elected parliament and installed Lukashenko's hand-picked parliament.[37] 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.
Judicial review
In a 1998 journal, the
Draft Constitution from the Office of Sviatlana Tsikhanouskaya
In 2021 a Civil Constitution Commission, appointed by Sviatlana Tsikhanouskaya’s Representative for Constitutional Reform, produced a draft "Constitution for New Belarus". According to the official site of Sviatlana Tsikhanouskaya, "the Constitution for New Belarus is a modern European constitution, which will ensure the transition from an authoritarian to a democratic, parliamentary form of government".[39]
Twenty-eight international consultants provided expertise in drafting the constitution.[40]
The draft constitution was published on July 14, 2022 on the site kanstytucyja.online.[41]
References
- ^ a b c d e f g h i j k l m n o p q r s t u v w CONSTITUTION OF THE REPUBLIC OF BELARUS OF 1994 (with changes and additions adopted at the republican referenda of November 24, 1996* and of October 17, 2004), The National Legal Internet Portal of the Republic of Belarus, retrieved 2021-06-08
- BelTA. March 15 - Day of Constitution (of the) Republic of Belarus Archived 2007-06-07 at the Wayback Machine. Published March 13, 2007. Retrieved July 11, 2007. (in Russian)
- ^ a b Lukashuk, Alexander (1998). "Yesterday as Tomorrow: Why It Works in Belarus". Eastern Europe Constitutional Review. 7 (3). Archived from the original on 2008-05-18. Retrieved 2008-03-16.
- ISBN 978-3-658-13761-8.
- ^ Cumaraswamy, Dato' Param (2001). Report of the Special Rapporteur on the Independence of Judges and Lawyers, Dato' Param Cumaraswamy, submitted in accordance with Commission resolution 2000/42 (Report). United Nations.
- ^ "12 фактаў пра БНР". Archived from the original on 2018-05-26. Retrieved 2016-03-19.
- ^ a b c d e f g House of Representatives of the Republic of Belarus History of Constitutionalism in Belarus Archived 2007-04-03 at the Wayback Machine. Retrieved March 25, 2007. (in Russian)
- ^ British Broadcasting Corporation Timeline of the Soviet Union. Published March 2006. Retrieved June 5, 2007.
- ^ Kremlin.ru The Constitutional Process in Russia Archived 2007-08-10 at the Wayback Machine. Retrieved June 5, 2007.
- ^ per article 12 of the Declaration, its provisions shall be "implemented by the Supreme Soviet of the Byelorussian SSR through the adoption the new Constitution (Fundamental Law) of the Byelorussian SSR, the Byelorussian SSR laws", a similar clause also existed in other declarations, such as Russian (art. 15: "This Declaration shall be basis for the development of the new Constitution of the RSFSR, the conclusion of the Union Treaty, and improvement of the national legislation") and Ukrainian ("The Declaration shall be the basis for a new constitution and the laws of Ukraine, as well as determine the positions of the Republic regarding conclusion of international agreements. The principles of the Declaration of Sovereignty shall be used to sign the Union Treaty") ones.
- ^ ISBN 90-411-1836-5.
- ^ Shaw, G. M. (1995). "The Constitution of Belarus: Good First Step towards the Rule of Law". Touro International Law Review. 6: 125–152.
- ^ Weaver, R. L.; Knechtle, J. C. (1993). "Constitution drafting in the former soviet union: The Kyrghyzstan and Belarus constitutions". Wisconsin International Law Journal. 12 (1): 29–57.
- ^ Belconstitution.narod.ru Constitution of 1994. Retrieved March 25, 2007. (in Belarusian)
- ^ Republic of Belarus Enactment Law. Passed March 15, 1994. Retrieved July 10, 2007.
- ^ Embassy of the Republic of Belarus to Mexico and the United States National Holidays. Retrieved March 25, 2007.
- ^ a b Library of Congress Country Studies Belarus - Prelude to Independence. Library of Congress. Retrieved March 21, 2007.
- ^ a b Virtual Guide to Belarus. Belarus Politics Archived 2017-11-05 at the Wayback Machine. Retrieved July 11, 2007.
- Belarus Telegraphy Agency. Belarus Constitution Day celebrated today Archived 2007-09-27 at the Wayback Machine. Published March 15, 2007. Retrieved March 28, 2007.
- ^ Preamble of the Constitution. Published 1994, amended in 1996
- ^ Constitutional Court of the Republic of Belarus General Provisions and History Archived 2007-07-16 at the Wayback Machine. Published May 21, 2007. Retrieved July 24, 2007
- ^ Law of the Republic of Belarus Electoral Code of the Republic of Belarus Archived December 27, 2010, at the Wayback Machine. Passed in 2000, amended in 2006. Retrieved July 14, 2007.
- ^ a b c CNN Belarus president convenes new parliament Archived 2005-01-24 at the Wayback Machine. Published November 26, 1996. Retrieved June 7, 2007.
- ^ a b British Broadcasting Corporation Observers deplore Belarus vote. Published October 18, 2004. Retrieved March 28, 2007.
- ^ "National Referendum of the Republic of Belarus - Official list of questions" (in Russian). Central Election Committee of the Republic of Belarus. 1995-05-14. Archived from the original on 2008-04-05. Retrieved 2008-03-12.
- ^ "National Referendum of the Republic of Belarus - Official results" (in Russian). Central Election Committee of the Republic of Belarus. 1995-05-14. Archived from the original on 2007-10-16. Retrieved 2008-03-12.
- ^ a b "Republic of Belarus - Background". World Report 1999. Human Rights Watch. 1999. Retrieved 2008-03-12.
- ^ "Judgment of the Constitutional Court, Minsk No. J-43/96". Constitutional Court of the Republic of Belarus. 1996-11-04. Archived from the original on December 30, 2005. Retrieved 2008-03-21.
- ^ Human Rights Watch Republic of Belarus - Background. Published in 1999. Retrieved June 7, 2007.
- ^ a b CNN Belarus president poised for victory in constitution re-write Archived 2007-02-16 at the Wayback Machine. Published November 24, 1996. Retrieved March 28, 2007.
- ^ Constitution of Belarus (1994). Published in 1994. Retrieved June 5, 2007.
- ^ Legal Portal of the Republic of Belarus 2004 Text of the Constitution of Belarus Archived 2009-06-06 at the Wayback Machine. Published 2004. Retrieved July 13, 2007.
- ^ "Belarus" (PDF). Country Report. Freedom House. 2006. Archived from the original (PDF) on 2007-07-14. Retrieved 2008-03-12.
- ^ Xinhua Lukashenko confirmed as winner in Belarus presidential vote Archived 2012-10-13 at the Wayback Machine. Published March 23, 2006.
- ^ MosNews. Rightist Group Promote Belarus Dictator Lukashenko as Russian Presidential Candidate. Published February 28, 2007. Retrieved July 11, 2007.
- ^ "COUNCIL COMMON POSITION 2004/848/CFSP" (PDF). Official Journal of the European Union. 2004-12-13. Archived from the original (PDF) on 2008-02-16. Retrieved 2008-02-13.
- ISBN 1-905050-83-6.
- ^ "Constitution Watch" (PDF). Eastern Europe Constitutional Review. New York University School of Law. 2000. p. 6. Archived from the original (PDF) on 2009-02-25. Retrieved 2008-03-21.
- ^ "Why Belarus still needs constitutional reform? / Official web-site of Sviatlana Tsikhanouskaya". tsikhanouskaya.org. Retrieved 2023-05-10.
- ^ "Эксперты". kanstytucyja.online (in Russian). Retrieved 2023-05-10.
- ^ "КОНСТИТУЦИЯ РЕСПУБЛИКИ БЕЛАРУСЬ". kanstytucyja.online (in Russian). Retrieved 2023-05-10.
External links
- old link Archived 2020-03-04 at the Wayback Machine
- English
- Russian
- 1994 text (in Russian)
- "1996 text" (in Russian). Archived from the original on October 12, 2003. Retrieved November 4, 2010.
- 2004 text (in Russian)
- Belarusian