Constitution of Belarus
[2] Adopted in 1994, three years after the country declared its independence from the Soviet Union, this formal document establishes the framework of the Belarusian state and government and enumerates the rights and freedoms of its citizens.
However, the United Nations and various observers challenge that the rule of law is respected or that the judiciary is independent in Belarus, highlighting the consolidation of power by the current president.
CIS Member State Parliamentary elections The Belarusian Democratic Republic adopted its first temporary constitution several months after declaring independence from the Russian Empire, on October 11, 1918.
[9] 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.
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.
[11] Professors Gary M. Shaw of Touro College, New York and Russell L. Weaver of the University of Louisville spent time in Belarus in 1993 advising on drafting the constitution on behalf of Central and East European Law Initiative (CEELI), a project of the American Bar Association.
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.
[11] The former chairman of the Supreme Council, 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 Kebich to run for presidential elections in June of that year despite serving in the same role with the SSR.
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.
They prescribe a sovereign, multi-party representative democracy, run by the people of Belarus, that forms its own foreign policy.
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.
[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.
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.
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.
The amendments, according to Lukashenko, would expand the power of his office, marking a turning point in post-Soviet era politics in Belarus.
[25] The vote, which several Supreme Council deputies protested,[11] resulted in 77% in favor of the provision regarding the dismissal of the legislature by the president.
[7] President Lukashenko unilaterally established the referendum after the Supreme Council refused to support the measures or set up a date for the vote.
The Supreme Council was replaced by the National Assembly, a bicameral parliament;[23] 2- The term of President Alexander Lukashenko was extended from 1999 until 2001.
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.
Due to problems associated with transparency and ballot stuffing, the European Union, United States and several other nations do not recognize the results of the vote.
[27] Along with choosing members for the National Assembly, Belarusian voters were presented with a referendum regarding presidential term limits.
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.
According to political analysts, changes to the Belarusian constitution were intended to solidify the power of Lukashenko's regime after the mass protests in 2020 and 2021, which challenged his rule and was brutally suppressed by police.
The changes to the Constitution allow Lukashenko to remain in office until 2035 and empower the All-Belarusian People's Assembly, an extra-parliamentary body dominated by government supporters.
[38][39][40] According to the Central Election Commission of Belarus (CEC), 65.2% of voters voted in favor of the amendments to the State Constitution, offered by the authorities.
[47] In a 1998 journal, the New York University School of Law noted that Belarusian legal scholars came up with a new theory to deal with jurisprudence.
The UN rapporteur, 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.
