On December 1, the European Humanities University, International IDEA, the Law and Democracy Center (Justice Hub), and the EHU Center for Constitutionalism and Human Rights held a hybrid seminar “Building a Democratic Constitution in the Context of Constitutional Development and Reform Efforts in Belarus” for students and academic staff.
The constitution as a supreme legislative instrument plays a decisive role in the legal framework of any state. It protects the rights and freedoms of its citizens, defines institutional and governing mechanisms, and ensures the accountability of the government to the people. While approaches to constitutional development may differ, main principles should guide the construction of a democratic constitution, including the separation of powers and checks and balances. In addition, broad public consultation involving all key actors and society as a whole is one of the main components and determinants of the success of any constitutional development and reform process. It contributes to the acceptance of more widely supported constitutional design options.
Discussions about much-needed constitutional reform have intensified in Belarus since the 2020 presidential elections. Belarusian political and public leaders continued to consider various future models of a democratic constitution. The draft of the new constitution has been developing since March 2019 under the leadership of Anatoly Liabedzka, Sviatlana Tsikhanouskaya’s representative for Constitutional Reform and Parliamentary Cooperation. Since July 2021, the draft of the new constitution has been the subject of open public consultations as part of a single campaign uniting main participants in the democratic movement.
The Belarusian authorities have also initiated the process of constitutional reform – the Constitutional Commission and a working group were instructed to develop constitutional amendments. The essence of the planned reforms and the process itself remains opaque. The official draft has not been published yet. Nevertheless, the intention to amend the constitution in a referendum in 2022 was announced.
Students and academic staff were welcomed by the Head of the EHU Center for Constitutionalism and Human Rights, Assoc. Prof. Dr. Liudmila Ulyashina, and the International IDEA project manager, Tatyana Hilscher-Bogussevich. The Head of the Law and Democracy Center, Prof. Dr. Dainius Žalimas, addressed the role of the democratic constitution and principles of democratic constitutionalism. Mr. Anatoly Liabedzka, the Representative for the Constitutional Reform and Parliamentary Cooperation, talked about priorities and features of the new Constitution for Belarus and, most importantly, public participation in the drafting process.
The seminar aimed to raise awareness among students, especially from Belarus, about the ongoing constitutional reform efforts and how principles of democratic constitutionalism are embodied in the new constitution for Belarus.
