Lawyer: Belarus Introduces ‘Exit Visas’ De Facto
- 23.11.2023, 12:37
The regime violates the fundamental constitutional right of every Belarusian citizen.
The Regulation on the Procedure for Registering Departure for Permanent Residence Outside Belarus comes into force. Now, in order to leave for permanent residence, Belarusians must go through a procedure: if the exit is approved, they will put a stamp in their passport. Charter97.org asked a lawyer to comment on these changes:
“The list of grounds for refusal here does not differ from the grounds for temporary restrictions on travel under the current legislation. However, the criteria for determining the categories of citizens who will be required to obtain such a permit are not defined in the regulation, but it is obvious that all citizens of Belarus who have obtained permanent residence abroad (PP series passport and consular registration) will now not be able to leave the country without additional permission. The authorities are strengthening control and making it easier to obtain information about Belarusians.
The regulation contains important rules regarding those liable for military service: the consent of the military commissariat is required for registration of departure. If previously citizens of military age could avoid military service on the basis of obtaining a PP passport, now to obtain a stamp they need the approval of military commissariats.
We should also remember that, in accordance with amendments to the Citizenship Law Belarusians are required to notify state bodies about obtaining foreign citizenship and residence permits in foreign countries. It is possible that this category of citizens will also fall into the risk zone, since this may become the basis for requiring them to obtain permanent residence status in Belarus, and therefore the need to obtain a further exit permit.
The Regulation uses the term “exit registration”. De facto, this is an exit permit, a kind of “exit visa”. The permit stamp for travelling abroad was abolished in 2008. In accordance with the Constitution, citizens of the Republic of Belarus have the right to move freely and choose a place of residence within the Republic of Belarus, leave it and return freely (Article 30), which, among other things, has been repeatedly confirmed by decisions of the Constitutional Court of the Republic of Belarus. Paragraph 2 of article 12 of the International Covenant on Civil and Political Rights also advocates the right of every person to leave any country, including their own.
According to PACE, from 200,000 to 500,000 citizens could have left Belarus since August 2020, while many do not completely break off relations with their homeland by visiting Belarus. In addition to strengthening control, it is worth considering that, like all administrative procedures, registration of departure will be subject to a state fee, and if we add here possible coercion to register permanent residence abroad, the amount will be impressive. Registration of permanent residence permits imposes a number of restrictions on rights, for example, the inability to purchase land (the legislator establishes that only residents of the Republic of Belarus can own land plots) and length of service is not taken into account for calculating pension payments.
And that’s not all, because a permit stamp does not mean that you will be able to leave Belarus freely. Violation of traffic rules or discovered likes on social media can easily provide grounds for not allowing Belarusians to go abroad.