How Belarus “Cleanses” Professions of the Politically Unreliable

On August 1, the key provisions of Law No. 95-Z come into force in Belarus, introducing amendments to the regulation of auditors’ professional activity.

Among the new provisions—most of which impose additional restrictions—one requirement stands out. Namely, the obligation for “an auditor, as well as any individual applying for an auditor’s qualification certificate, to possess an impeccable professional (business) reputation.”

At first glance, this seems reasonable: every profession requires workers with impeccable reputations. But there is a significant caveat. In today’s Belarus, "impeccability" is often synonymous with political loyalty.

Surprisingly, the new law does not state this explicitly, unlike other recent regulations. The audit profession is not the first to be marked with political “red flags” by the authorities.

For example, there is already a ban on engaging in teaching activities for individuals convicted of so-called “extremist” offenses. Real estate agents may only operate if they are members of the Chamber of Realtors and possess a valid certification. It is clear that individuals whose political record is deemed questionable by the authorities are unlikely to receive such certification.

The Ministry of Sports and Tourism has proposed amendments targeting those involved in agroecotourism, including a centralized system to collect personal data. Once again, it is evident who will be scrutinized most closely. The Ministry of Economy is also keeping pace: it has prepared a draft law introducing restrictions for crisis managers, explicitly prohibiting their activity in cases of “improper” political conduct.

Leanid Sudalenka, a lawyer with the Salidarnast e.V., stresses that these new and proposed measures violate both the Belarusian Labour Code and the country’s international obligations, particularly under International Labour Organization (ILO) conventions. In a conversation with Salidarnast, he referred to the ILO Convention on Discrimination (Employment and Occupation), which prohibits any form of discrimination in employment based on political, religious, social, or other grounds:

“The Convention defines discrimination as any distinction, exclusion, or preference made on the basis of, among other things, political opinion. Prohibiting employment due to politically motivated prosecution is in direct contradiction with this document.”

Moreover, such changes contradict the Belarusian Labour Code itself. Article 14 states:

“Unjustified restrictions of labour rights and freedoms or granting of advantages based on political beliefs, membership in public associations, or other circumstances unrelated to professional qualities shall not be permitted.”

A ban on professional activity based on a so-called “political offense” or a conviction for “extremism” clearly does not relate to one’s professional qualifications. Therefore, it may be regarded as a form of politically motivated discrimination, which is explicitly prohibited by the Labour Code.

In addition to these legal contradictions, such discriminatory legislation also violates the Constitution of Belarus. Article 41 affirms:

“Citizens of the Republic of Belarus shall have the right to work as the most dignified means of self-affirmation.”

Limiting access to employment on ideological or politically repressive grounds violates this constitutional right.

Viktoriya Leontyeva