Belarus Democracy, Human Rights, and Sovereignty Act of 2020

IIB 116TH CONGRESS 2D SESSION H. R. 8438 IN THE SENATE OF THE UNITED STATES NOVEMBER 30, 2020 Received; read twice and referred to the Committee on Foreign Relations AN ACT To reauthorize the Belarus Democracy Act of 2004. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:16 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8438.RFS H8438 kjohnson on DSK79L0C42PROD with BILLS 2 HR 8438 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Belarus Democracy, 2 Human Rights, and Sovereignty Act of 2020’’. 3 SEC. 2. FINDINGS. 4 Section 2 of the Belarus Democracy Act of 2004 5 (Public Law 109–480; 22 U.S.C. 5811 note) is amended 6 to read as follows: 7 ‘‘SEC. 2. FINDINGS. 8 ‘‘Congress finds the following: 9 ‘‘(1) The Government of Belarus, led by 10 Alyaksandr Lukashenka, continues to engage in a 11 pattern of clear and persistent violations of human 12 rights and fundamental freedoms. 13 ‘‘(2) The Government of Belarus, led by 14 Alyaksandr Lukashenka, continues to engage in a 15 pattern of clear and uncorrected violations of basic 16 principles of democratic governance, including 17 through a series of fundamentally flawed presi- 18 dential and parliamentary elections undermining the 19 legitimacy of executive and legislative authority in 20 that country. 21 ‘‘(3) The Government of Belarus, led by 22 Alyaksandr Lukashenka, continues to subject thou- 23 sands of pro-democracy political activists and peace- 24 ful protesters to harassment, beatings, and imprison- 25 ment, particularly as a result of their attempts to 26 VerDate Sep 11 2014 21:16 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8438.RFS H8438 kjohnson on DSK79L0C42PROD with BILLS 3 HR 8438 RFS peacefully exercise their right to freedom of assem- 1 bly and association. 2 ‘‘(4) The Government of Belarus, led by 3 Alyaksandr Lukashenka, continues to suppress inde- 4 pendent media and journalists and to restrict access 5 to the internet, including social media and other dig- 6 ital communication platforms, in violation of the 7 right to freedom of speech and expression of those 8 dissenting from the dictatorship of Alyaksandr 9 Lukashenka. 10 ‘‘(5) The Government of Belarus, led by 11 Alyaksandr Lukashenka, continues a systematic 12 campaign of harassment, repression, and closure of 13 nongovernmental organizations, including inde- 14 pendent trade unions and entrepreneurs, creating a 15 climate of fear that inhibits the development of civil 16 society and social solidarity. 17 ‘‘(6) The Government of Belarus, led by 18 Alyaksandr Lukashenka, has pursued a policy un- 19 dermining the country’s sovereignty and independ- 20 ence by making Belarus political, economic, cultural, 21 and societal interests subservient to those of Russia. 22 ‘‘(7) The Government of Belarus, led by 23 Alyaksandr Lukashenka, continues to reduce the 24 independence of Belarus through integration into a 25 VerDate Sep 11 2014 21:16 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8438.RFS H8438 kjohnson on DSK79L0C42PROD with BILLS 4 HR 8438 RFS so-called ‘Union State’ that is under the control of 1 Russia. 2 ‘‘(8) On August 9, 2020, the Government of 3 Belarus conducted a presidential election that was 4 fraudulent and did not meet international standards. 5 There were serious irregularities with ballot counting 6 and the reporting of election results. The Govern- 7 ment of Belarus also put in place restrictive meas- 8 ures that impeded the work of local independent ob- 9 servers and did not provide sufficient notice to the 10 OSCE to allow for the OSCE to monitor the elec- 11 tions, as is customary. 12 ‘‘(9) After the August 9, 2020, presidential 13 election, the Government of Belarus responded to 14 the peaceful opposition protests, which are the larg- 15 est in Belarus history, with a violent crackdown, in- 16 cluding, according to the United Nations Special 17 Rapporteur, the detention of more than 10,000 18 peaceful protestors as of September 18, 2020. 19 ‘‘(10) Thousands of employees at Belarusian 20 state-owned enterprises, who have been seen as 21 Alyaksandr Lukashenka’s traditional base during his 22 26-year rule, went on strike across the country to 23 protest Lukashenka’s illegitimate election and the 24 subsequent crackdowns, including at some of 25 VerDate Sep 11 2014 21:16 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8438.RFS H8438 kjohnson on DSK79L0C42PROD with BILLS 5 HR 8438 RFS Belarus’s largest factories such as the BelAZ truck 1 plant, the Minsk Tractor Works, and the Minsk 2 Automobile Plant. 3 ‘‘(11) Women have served as the leading force 4 in demonstrations across the country, protesting the 5 police brutality and mass detentions by wearing 6 white, carrying flowers, forming ‘solidarity chains’, 7 and unmasking undercover police trying to arrest 8 demonstrators. 9 ‘‘(12) After the August 9, 2020, presidential 10 election, the Government of Belarus has sought to 11 stop the work of the Coordination Council, which 12 was formed by the leading opposition presidential 13 candidate, Sviatlana Tsikhanouskaya, to facilitate a 14 peaceful transition of power by subjecting the Coun- 15 cil’s senior members to violence, detention, and 16 forced exile. 17 ‘‘(13) After the August 9, 2020, presidential 18 election, the Government of Belarus restricted the 19 free flow of information to silence the opposition and 20 to conceal the regime’s violent crackdown on peace- 21 ful protestors, including by stripping the accredita- 22 tion of journalists from major foreign news outlets, 23 disrupting internet access, limiting access to social 24 VerDate Sep 11 2014 21:16 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8438.RFS H8438 kjohnson on DSK79L0C42PROD with BILLS 6 HR 8438 RFS media and other digital communication platforms, 1 and detaining and harassing countless journalists. 2 ‘‘(14) Before the European Parliament on Au- 3 gust 25, 2020, Tsikhanouskaya stressed that a 4 ‘peaceful revolution’ was underway in Belarus, and 5 that ‘It is neither a pro-Russian nor anti-Russian 6 revolution. It is neither an anti-European Union nor 7 a pro-European Union revolution. It is a democratic 8 revolution.’. 9 ‘‘(15) Against the will of the majority of the 10 Belarusian people, Russian President Vladimir Putin 11 has propped up the Alyaksandr Lukashenka regime, 12 including by offering security assistance, providing 13 significant financial support, and sending Russian 14 propagandists to help disseminate pro-regime propa- 15 ganda on Belarus state television. 16 ‘‘(16) After the August 9, 2020, presidential 17 election, the United States, the European Union, the 18 United Kingdom, and Canada condemned the violent 19 crackdown on peaceful protestors, refused to accept 20 the results of the fraudulent election and called for 21 new free and fair elections under independent obser- 22 vation. 23 ‘‘(17) On September 8, 2020, Secretary of 24 State Michael R. Pompeo said, ‘The United States, 25 VerDate Sep 11 2014 21:16 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8438.RFS H8438 kjohnson on DSK79L0C42PROD with BILLS 7 HR 8438 RFS in coordination with our partners and Allies, is con- 1 sidering additional targeted sanctions to promote ac- 2 countability for those involved in human rights 3 abuses and repression in Belarus.’. 4 ‘‘(18) Following Alyaksandr Lukashenka’s Sep- 5 tember 23, 2020, secret inauguration, the United 6 States, the European Union, numerous European 7 Union member states, the United Kingdom, and 8 Canada announced they did not recognize him as the 9 legitimately elected leader of Belarus.’’. 10 SEC. 3. STATEMENT OF POLICY. 11 Section 3 of the Belarus Democracy Act of 2004 12 (Public Law 109–480; 22 U.S.C. 5811 note) is amended 13 to read as follows: 14 ‘‘SEC. 3. STATEMENT OF POLICY. 15 ‘‘It is the policy of the United States to— 16 ‘‘(1) condemn the conduct of the August 9, 17 2020, presidential election and crackdown on opposi- 18 tion candidates, senior members of the Coordination 19 Council, peaceful protestors, employees from state- 20 owned enterprises participating in strikes, inde- 21 pendent election observers, and independent journal- 22 ists and bloggers; 23 ‘‘(2) continue to call for the immediate release 24 without preconditions of all political prisoners in 25 VerDate Sep 11 2014 21:16 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8438.RFS H8438 kjohnson on DSK79L0C42PROD with BILLS 8 HR 8438 RFS Belarus, including all those individuals detained in 1 connection with the August 9, 2020, presidential 2 election, a leading opposition figure Maryia 3 Kalesnikava, and United States citizen Vitali 4 Shkliarov; 5 ‘‘(3) continue to support the aspirations of the 6 people of Belarus for democracy, human rights, and 7 the rule of law; 8 ‘‘(4) continue to support the aspirations of the 9 people of Belarus to exercise their religion freely, in- 10 cluding the head of the Catholic Church in Belarus 11 Archbishop Tadeusz Kondrusiewicz who was barred 12 from entering the country after criticizing 13 Belarusian authorities; 14 ‘‘(5) continue to support actively the aspirations 15 of the people of the Republic of Belarus to preserve 16 the independence and sovereignty of their country; 17 ‘‘(6) not to recognize any incorporation of 18 Belarus into a ‘Union State’ with Russia, as this so- 19 called ‘Union State’ would be both an attempt to ab- 20 sorb Belarus and a step to reconstituting the totali- 21 tarian Soviet Union; 22 ‘‘(7) continue to reject the results of the fraud- 23 ulent August 9, 2020, presidential election in 24 Belarus, and to support calls for new presidential 25 VerDate Sep 11 2014 21:16 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8438.RFS H8438 kjohnson on DSK79L0C42PROD with BILLS 9 HR 8438 RFS and parliamentary elections, conducted in a manner 1 that is free and fair according to OSCE standards 2 and under the supervision of OSCE observers and 3 independent domestic observers; 4 ‘‘(8) refuse to recognize Alyaksandr 5 Lukashenka as the legitimately elected leader of 6 Belarus; 7 ‘‘(9) continue to call for the fulfillment by the 8 Government of Belarus of Belarus’s freely under- 9 taken obligations as an OSCE participating state 10 and as a signatory of the Charter of the United Na- 11 tions; 12 ‘‘(10) support an OSCE role in mediating a 13 dialogue within Belarus between the government and 14 genuine representatives of Belarusian society; 15 ‘‘(11) recognize the Coordination Council as a 16 legitimate institution to participate in a dialogue on 17 a peaceful transition of power; 18 ‘‘(12) urge an expanded United States diplo- 19 matic presence in Belarus to advocate for the aspira- 20 tions of the people of Belarus for democracy, human 21 rights, and the rule of law; 22 ‘‘(13) continue to work closely with the Euro- 23 pean Union, the United Kingdom, Canada, and 24 other countries and international organizations, to 25 VerDate Sep 11 2014 21:16 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8438.RFS H8438 kjohnson on DSK79L0C42PROD with BILLS 10 HR 8438 RFS promote the principles of democracy, the rule of law 1 and human rights in Belarus; and 2 ‘‘(14) remain open to reevaluating United 3 States policy toward Belarus as warranted by de- 4 monstrable progress made by the Government of 5 Belarus consistent with the aims of this Act as stat- 6 ed in this section.’’. 7 SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL SO- 8 CIETY, AND SOVEREIGNTY IN BELARUS. 9 Section 4 of the Belarus Democracy Act of 2004 10 (Public Law 109–480; 22 U.S.C. 5811 note) is amend- 11 ed— 12 (1) in the section heading to read as follows: 13 ‘‘ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL 14 SOCIETY, AND SOVEREIGNTY IN BELARUS.’’; 15 (2) in subsection (a)— 16 (A) in paragraph (1), by striking ‘‘Euro- 17 pean’’ and inserting ‘‘Trans-Atlantic’’; and 18 (B) by redesignating paragraphs (2) and 19 (3) as paragraphs (3) and 4, respectively; and 20 (C) by inserting after paragraph (1) the 21 following: 22 ‘‘(2) To assist the people of Belarus in building 23 the sovereignty and independence of their country.’’; 24 (3) in subsection (b)— 25 VerDate Sep 11 2014 21:16 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8438.RFS H8438 kjohnson on DSK79L0C42PROD with BILLS 11 HR 8438 RFS (A) by inserting ‘‘and Belarusian groups 1 outside of Belarus’’ after ‘‘indigenous 2 Belarusian groups’’; and 3 (B) by inserting ‘‘and Belarusian sov- 4 ereignty’’ before the period at the end; 5 (4) in subsection (c)— 6 (A) by striking paragraph (8); 7 (B) by redesignating paragraphs (3) 8 through (7) as paragraphs (4) through (8), re- 9 spectively; 10 (C) by inserting after paragraph (2) the 11 following: 12 ‘‘(3) countering internet censorship and repres- 13 sive surveillance technology that seek to limit free 14 association, control access to information, and pre- 15 vent citizens from exercising their rights to free 16 speech;’’; 17 (D) in paragraph (8) (as redesignated), by 18 striking ‘‘and’’ at the end; and 19 (E) by adding at the end the following: 20 ‘‘(9) supporting the work of women advocating 21 freedom, human rights, and human progress; 22 ‘‘(10) supporting the development of Belarusian 23 language education; 24 VerDate Sep 11 2014 21:16 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8438.RFS H8438 kjohnson on DSK79L0C42PROD with BILLS 12 HR 8438 RFS ‘‘(11) enhancing the development of the private 1 sector, particularly the information technology sec- 2 tor, and its role in the economy of Belarus, including 3 by increasing the capacity of private sector actors, 4 developing business support organizations, offering 5 entrepreneurship training, and expanding access to 6 finance for small and medium enterprises; 7 ‘‘(12) supporting political refugees in neigh- 8 boring European countries fleeing the crackdown in 9 Belarus; 10 ‘‘(13) supporting the gathering of evidence on 11 and investigating of the human rights abuses in 12 Belarus; 13 ‘‘(14) supporting the public health response, in- 14 cluding filling the information void, in Belarus dur- 15 ing the COVID-19 pandemic; and 16 ‘‘(15) other activities consistent with the pur- 17 poses of this Act.’’; 18 (5) by redesignating subsection (d) as sub- 19 section (g); 20 (6) by inserting after subsection (c) the fol- 21 lowing: 22 ‘‘(d) SENSE OF CONGRESS.—It is the sense of Con- 23 gress that, in light of the political crisis in Be [Text truncated for display. Full text available on Congress.gov.]