2022 Belarusian constitutional referendum

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A constitutional referendum was held in Belarus on 27 February 2022.

The referendum was ordered by President Alexander Lukashenko in January 2022. The referendum to amend the Belarusian Constitution was intended to solidify the power of the Lukashenko regime after the mass protests in 2020 and 2021, which challenged Lukashenko's rule and were suppressed by police, with the arrest of over 35,000 people. The changes allowed Lukashenko to remain in office until 2035 and empowered the All-Belarusian People's Assembly, an extra-parliamentary body dominated by government supporters.[1][2] The changes also renounced Belarus's nuclear-free zone status, allowing Belarus to host nuclear weapons for the first time since the fall of the Soviet Union; the lead-up to the referendum occurred as Russia amassed its troops in both Russia and Belarus in the prelude to the 2022 Russian invasion of Ukraine, and the election itself was held several days after Russia began its military offensive into Ukraine.[3][4][5]

The Belarusian government's Central Election Commission announced that 65.2% of voters voted in favor of the amendments.[5]

The referendum was carried out in an atmosphere of repression; the Belarusian opposition was not permitted to campaign, and the election was not considered free nor fair.[6] The referendum was denounced as a sham by the Belarusian opposition and its exiled leader Sviatlana Tsikhanouskaya,[5] by the European Union,[7] and by the United States.[8]

Background[]

In 2016 Alexander Lukashenko publicly spoke about possible amendments to the Constitution at some point in the future.[9] On June 26, 2020, the preparation was officially announced. Two drafts of the altered Constitution were shown to Lukashenko, both rejected.[10]

On March 28, 2020, a special meeting of the OSCE on the issue of the situation in Belarus was held in Vienna. State representative addressed that meeting and explained that constitutional reform is the only way to hold early presidential elections before the expiration of Lukashenko's six presidency term. He also assured that the amends to the Constitution will facilitate the liberalization of the Belarusian political system by enhancing roles of political parties, making alterations in its Electoral Code.[11]

On March 15, 2022, Lukashenko signed a decree establishing a Constitutional Commission . The Commission was to develop proposals of necessary amendments to the Constitution and ensure its nationwide referendum. Head of the Constitutional Court of Belarus  [be] was appointed Chair of the Commission,  [pl] and Natalya Kochanova were appointed Vice-Chairs. The Commission included prominent sportsmen, scientists, social activists and top managers.[12] The Commission offered every citizen to submit proposals via email and post.[13][14]

A few days earlier, on March 10, 2022, the opposition published its version of the new Constitution that should have changed the state system to parliamentary instead of presidential. The opposition also offered to switch to White-red-white flag and Pogonia coat of arms, to abolish the death penalty, strengthen the Belarusian language and reform the state education system.[15][16]

Former Minister of Education Igor Karpenko was appointed head of the Central Election Commission of Belarus, while longtime Chair of Election Commission Lidia Yermoshina was dismissed.[17] In the aftermath of the 2020 Belarusian presidential election educators, who generally work in local electoral commissions, were widely criticized for assistance in fraud. According to journalist Sergey Pulsha, one of Karpenko's main tasks was to draw more teachers to local committees to ensure specific results of the referendum, desired by the authorities.[18]

Proposed changes[]

In January 2021, President Alexander Lukashenko announced that a new draft constitution would be prepared by the end of 2021.[19] On 27 December 2021, the proposed changes were published.[20]

Political analysts suggested that the legitimization of the All-Belarusian People's Assembly (created by Lukashenko's regime with no constitutional powers), would become an important governing body, being the main change in the constitution.[20][21] Several political analysts suggested that Lukashenko can become both the head of the All-Belarusian People's Assembly and president simultaneously, or can join the body after his presidency to have influence over his successor.[21] Amendments returned the two-term limitation for president which had been cancelled by Lukashenko in 2004, but the limit would only start after the referendum, allowing Lukashenko to rule until 2035.[22] Another new clause noted by political analysts is complete legal immunity for former presidents for actions carried out while in office[21][verification needed] and permanent membership of any former president in the Council of the Republic.[21] Other changes included defining of marriage as the "union of a man and a woman".[23] Another change is that to be eligible for the presidency, one must now be a citizen of Belarus who has lived in the country for at least 20 years, and individuals who have held, or hold, dual citizenship or residency permits in foreign countries would be disqualified from running for office.[24]

A similar constitutional reform in Russia in 2020 was supposedly the possible source of inspiration of the Belarusian constitutional changes,[20] along with Kazakhstan.[25]

On 20 January 2022, the final edition of changes was published with a few minor changes made compared to the preliminary version.[26] According to Valer Karbalevich, the only change worthy of mention was in the article 4: the "ideology of Belarusian state" was proclaimed to be the basis of democracy in Belarus.[27]

Referendum organization[]

Territorial election commissions administer elections in Belarus under the supervision of the Central Election Commission (CEC), and their members are selected by the various local, district and regional councils. On 26 January 2022, 1,857 of 1,935 nominated candidates were formally selected as members for 153 territorial election commissions.[28] All nominated representatives for opposition parties and groups were rejected (20 applications from 3 parties were made, other parties refused to participate), while 99% of the nominated representatives for the five largest pro-government public associations and trade unions were selected.[29][30] The most well-represented associations were pro-Lukashenko public associations — Federation of Trade Unions of Belarus, Belaya Rus, Belarusian Female Union, Belarusian Republican Youth Union.[31]

Preliminary voting will be held from 22 to 26 February.[31] The referendum day was scheduled for February 27, 2022.

On the day of referendum, following the Russian invasion of Ukraine, massive anti-war protests broke out across Belarus.[32][33]

Question[]

  • "Do you accept the amendments and additions to the Constitution of the Republic of Belarus?"[34]
  • "Ці прымаеце Вы змены і дапаўненні Канстытуцыі Рэспублікі Беларусь?" (in Belarusian)
  • "Принимаете ли Вы изменения и дополнения Конституции Республики Беларусь?" (in Russian)

Criticism[]

The government organized public discussion for the constitutional changes; however, it only lasted for 3 weeks which were filled with public holidays.[27] At least two people were arrested during these discussions: a retired man was arrested after he wrote a letter to the local newspaper, and another man was arrested after he proposed to forbid bald and moustached people (allusion to Lukashenko) from participating in elections.[35] The first one was reportedly charged under article 130 of the Criminal Code ("Inciting racial, national, religious or other social hatred or discord", up to 5 years of prison), and the latter under article 368 ("Insult of the president", up to 4 years of prison).[36] Belarusian political scientist  [ru] called the government-led discussion of the project a profanation.[27]

The Belarusian opposition criticized the proposed changes. Anatoly Lebedko claimed that the constitutional reform is the imitation of changes due to disregard for the Constitution as such.[20] He stressed that Belarus would remain a "superpresidential" republic with a formal "three-storeyed construction" (two chambers of the parliament and the All-Belarusian People's Assembly).[20] He believed that one the main addressees of the new constitution is Russian president Vladimir Putin.[20] Political analyst  [ru] assumed that formal changes in the configuration of politics will be crucial during the "transit of power".[37] He also suggested that new Constitution can ease slow annexation of Belarus by Russia ("integration").[37]

The amendments will also remove Article 18 that pledged that "the Republic of Belarus aims at making its territory a nuclear-free zone", worrying NATO that it could allow Russian nuclear weapons.[38]

European Commission for Democracy through Law (Venice Commission) criticized the changes, saying they would exacerbate the current imbalance of powers in Belarus. The commission (which wasn't allowed to meet with Belarusian authorities) also criticized the opaque process of the development of the changes and lack of collaboration of the government, the opposition, the civil society and other interested parties.[39]

Sviatlana Tsikhanouskaya, Pavel Latushko and several other opposition figures called for active boycott of the referendum by deliberate spoiling of ballots.[40]

Results[]

The central elections commission stated that 65.2% of voters were in favor, with 10.1% reportedly voting against and a 78.6% turnout.[41] The results were considered not surprising given government control, and external verification was not possible due to a lack of independent election monitors. Exiled opposition leader Tsikhanouskaya and other opposition figures called on Belarusians to use the vote to protest the 2022 Russian invasion of Ukraine.[42] Protests were held in several cities and over 290 anti-war protesters were arrested.[43]

Choice Votes %
For 4,440,830 86.64
Against 684,946 13.36
Invalid/blank votes 233,627 -
Total 5,359,403 100.00
Registered voters/turnout 6,815,667 78.63
TASS, SUDD

Monitoring[]

Four opposition parties (the United Civic Party, Green Party, Social Democratic Party (People's Assembly) and the BPF Party) declined to monitor the referendum citing political crisis and ongoing repressions as the reasons.[44]

See also[]

References[]

  1. ^ Yuras Karmanau, Belarus calls referendum that could strengthen Lukashenko, Associated Press (January 20, 2022).
  2. ^ Tony Wesolowsky, Belarus To Vote On Constitutional Changes Seen As Tightening Lukashenka's Grip On Power, Radio Free Europe/Radio Liberty (February 26, 2022).
  3. ^ Belarus votes to give up non-nuclear status, Al Jazeera (February 27, 2022).
  4. ^ Belarus referendum approves proposal to renounce non-nuclear status - agencies, Reuters (February 27, 2022).
  5. ^ a b c Yuras Karmanau, Belarus sheds neutral status in vote critics call rigged, Associated Press (February 28, 2022).
  6. ^ Ryhor Astapenia, Belarus’ new dubious constitution, (March 3, 2022).
  7. ^ Belarus: Statement by the High Representative/Vice-President Josep Borrell on the constitutional referendum, European External Action Service.
  8. ^ U.S. Envoy To Belarus Says Referendum 'Unmistakably' Linked to Russia's Invasion of Ukraine, Radio Free Europe/Radio Liberty (March 1, 2022).
  9. ^ "Лукашенко не исключает возможности корректировки Конституции Беларуси в соответствии с велениями времени" [Lukashenko thinks changes in state constitution are possible] (in Russian). BELTA. 2016-10-07. Archived from the original on 2021-12-28. Retrieved 2022-03-25.
  10. ^ Kalukov, E. (2020-06-26). "Лукашенко анонсировал внесение решительных поправок в Конституцию" [Lukashenko announces amendments to Constitution]. RBC (in Russian). Archived from the original on 2021-12-27. Retrieved 2021-12-28.
  11. ^ "Власти Беларуси разработали план выхода из кризиса. Они собираются изменить Конституцию и провести новые выборы к 2022 году" [Belarusian Authorities Developed Anticrisis Road Map. They Are Going to Amend Constitution and Hold New Elections in 2022] (in Russian). Meduza. 2020-09-08. Archived from the original on 2021-12-29. Retrieved 2021-12-29.
  12. ^ "Указ президента Республики Беларусь от 15 марта 2021 г. №105 «О Конституционной комиссии»" [Presidential Decree of March 15, 2021, on ‘Election Committee’]. Национальный правовой Интернет-портал Республики Беларусь (in Russian). 2021-03-17. Archived from the original on 2021-12-28. Retrieved 2021-12-28.
  13. ^ "Проводится сбор предложений по изменению Конституции Республики Беларусь" [Submitting Proposals to Amend Constitution] (in Russian). Border Guard Service Institute of Belarus. 2021-03-24. Archived from the original on 2021-12-28. Retrieved 2021-12-28.
  14. ^ "В Минске соберут предложения от граждан по изменению Конституции. Когда и куда обращаться" (in Russian). Administration of the Moscow district in Minsk. 2021-04-21. Archived from the original on 2021-12-28. Retrieved 2021-12-28.
  15. ^ "Белорусская оппозиция в новой Конституции предлагает перейти к парламентской форме правления и оставить президенту представительские функции" [Belarusian Opposition Proposes Parliamentary Republic] (in Russian). Current Time TV. 2021-03-10. Archived from the original on 2021-12-29. Retrieved 2021-12-29.
  16. ^ Makedonsky, A. (2021-03-10). "Команда Тихановской представила свой проект Конституции" [Team of Tikhanovskaya Publishes its Version of new Constitution]. TJ (in Russian). Archived from the original on 2021-12-29. Retrieved 2021-12-29.
  17. ^ Isachenko, A. (2021-12-17). "За что Лукашенко уволил бессменную главу ЦИК Ермошину; до 12 лет колонии за призывы к санкциям. Главное в Беларуси за неделю" [Why Lukashenko Dismissed Longtime Chair of Commission Yermoshina; Up to 12 Years in Prison for Calling for Sanctions]. BBC Russia (in Russian). Archived from the original on 2022-02-03. Retrieved 2022-02-03.
  18. ^ Сергей Пульша (2021-12-13). "Ярмошына vs Карпенка: Праблему не бачыш? А яна ёсць!" (in Belarusian). . Archived from the original on 2021-12-29. Retrieved 2021-12-29.
  19. ^ Balmforth, Tom (2021-01-10). "Lukashenko promises new Belarus draft constitution by end of this year". Reuters. Retrieved 2021-02-16.
  20. ^ a b c d e f "Поправки в конституцию Беларуси: Лукашенко как отец нации и уступка Кремлю". BBC News, Russian edition (in Russian). 27 December 2021. Retrieved 29 December 2021.
  21. ^ a b c d "Мина замедленного действия: что значит проект конституции для Лукашенко?". Deutsche Welle (in Russian). 28 December 2021. Retrieved 29 December 2021.
  22. ^ "Разбор. Ядерное оружие, российские войны и власть до 2035 года. Зачем Лукашенко меняет конституцию". 29 December 2021. Retrieved 29 December 2021.
  23. ^ "В Беларуси опубликован текст поправок к конституции". Deutsche Welle (in Russian). 27 December 2021. Retrieved 29 December 2021.
  24. ^ "To 2035 and beyond Belarus unveils draft constitutional amendments, plans referendum for February 2022".
  25. ^ "Неудачный транзит: как события в Казахстане скажутся на ситуации в Беларуси". Deutsche Welle. 5 January 2022. Retrieved 26 January 2022.
  26. ^ "Что изменилось в проекте Конституции, вынесенном на референдум". reform.by (in Russian). 21 January 2022. Retrieved 26 January 2022.
  27. ^ a b c "Карбалевич: "Стратегия принудительной легитимности доведена до логического конца"" (in Russian). 24 January 2022. Retrieved 26 January 2022.
  28. ^ "Information on the nomination of representatives to the composition of territorial commissions for a referendum" (PDF). rec.gov.by (in Russian). Central Commission of the Republic of Belarus. Retrieved 19 February 2022.
  29. ^ "Information on the composition of territorial commissions for a referendum" (PDF). rec.gov.by (in Russian). Central Commission of the Republic of Belarus. Retrieved 19 February 2022.
  30. ^ "Analytical report on the formation of territorial election commissions" (PDF). Referendum-2022. Belarusian Helsinki Committee. Retrieved 19 February 2022.
  31. ^ a b "В территориальных избиркомах на референдуме по Конституции не будет оппозиции" (in Russian). 26 January 2022. Retrieved 26 January 2022.
  32. ^ "Anti-war protests break out as Belarus votes to renounce non-nuclear status". Asia CNA. 2022-02-28. Retrieved 2022-03-25.
  33. ^ Falconer, Rebecca (2022-02-28). "Hundreds arrested at anti-war protests in Russia and Belarus". AXIOS. Retrieved 2022-03-25.
  34. ^ "Referendum on amendment of Belarusian Constitution scheduled for February 27". TASS. Retrieved 2022-01-23.
  35. ^ "Второе задержание, связанное с обсуждением проекта Конституции – в Высоком?" (in Russian). 22 January 2022. Retrieved 26 January 2022.
  36. ^ "За какие комментарии и критические высказывания задерживают в Беларуси?". Deutsche Welle (in Russian). Retrieved 4 January 2022.
  37. ^ a b "Андрей Егоров: "Людям тоже ведь надо объяснять: почему работаем больше, а получаем меньше? Да потому что война!"" (in Russian). Retrieved 4 January 2022.
  38. ^ Amanda Coakley (26 February 2022). "Belarus Vote to Amend Constitution Worries NATO". Foreign Policy. Retrieved 27 February 2022.
  39. ^ "Венецианская комиссия о ситуации в Беларуси: поправки к Конституции, вынесенные на референдум, не способны устранить существующий сильный дисбаланс между ветвями власти". Council of Europe (in Russian). 2022-02-22. Retrieved 2022-02-22.
  40. ^ "Оппозиция Беларуси хочет сорвать референдум по конституции. Это сработает?". Deutsche Welle. Retrieved 29 December 2021.
  41. ^ Karmanau, Yuras (28 February 2022). "Belarus sheds neutral status in vote critics call rigged". The Washington Post. Archived from the original on 28 February 2022. Retrieved 28 February 2022.
  42. ^ Irwin, Ruairidh (8 March 2022). "Belarus: Dictator Łukašenka Tries To Shore Up His Legitimacy, While Belarusians Protest". Europe Elects. Retrieved 15 March 2022.
  43. ^ "Belarus referendum approves proposal to renounce non-nuclear status - agencies". Reuters. 27 February 2022. Retrieved 28 February 2022.
  44. ^ "Дэмакратычныя партыі не будуць ладзіць сумеснае назіранне за рэферэндумам". euroradio.fm (in Belarusian). 30 December 2021. Retrieved 4 January 2022.
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