Navigating Belarus’ Decree No. 278: Challenges For Belarusian Citizens Abroad

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Dec 21, 2023
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Overview:
In September 2023, President Alexander Lukashenko of Belarus enacted Decree No. 278, titled "On the Procedure of Issuing Documents and Performing Actions." This decree has created significant challenges for hundreds of thousands of Belarusians living abroad, as it effectively halts foreign consular services, forcing many to consider returning to Belarus to access essential documents. However, with growing concerns about personal safety and restricted movement, this has left Belarusians abroad in a precarious situation.

Key Provisions of the Decree:Decree No. 278 introduces new rules regarding the issuance of documents and consular actions that Belarusian diplomatic missions can perform for their citizens. It mandates that:

  1. Important documents, such as birth certificates, police clearance certificates, and university degrees, can only be obtained by an individual or their representative if the power of attorney is signed in Belarus before a Belarusian notary public.
  2. Diplomatic missions abroad are now barred from certifying powers of attorney and from issuing, renewing, or exchanging Belarusian passports.
  3. All related consular services must now be performed in Belarus.
Implications for Belarusian Citizens:This decree has far-reaching consequences for Belarusians living abroad. For many, returning to Belarus is not a feasible option due to safety concerns. Over the past few years, Belarus has implemented various measures aimed at restricting its citizens from leaving the country, which has sparked fears that those who return may not be permitted to leave again. This has effectively put thousands of Belarusians in a situation where they are unable to obtain vital documents, jeopardizing their immigration status in their host countries.

Responses from Neighboring Countries:Lithuania and Poland have responded to the decree by implementing special measures to support Belarusian citizens living within their borders.

  1. Lithuania has introduced the option of a “foreigner’s passport,” which allows Belarusian citizens with Lithuanian residence permits to travel in and out of Lithuania for one year, with the possibility of extension.
  2. Poland offers a similar option. Belarusians holding temporary or permanent residence permits can apply for a Polish travel document, which serves as an identification and travel document for those whose passports have expired or been destroyed.
These measures, while helpful, are limited to individuals who already hold residence permits in these countries, leaving many Belarusians in other parts of the world without solutions.

Long-Term Consequences:A year after the decree’s implementation, the restrictions have highlighted the vulnerability of the Belarusian diaspora. The inability to access consular services abroad has placed many in legal limbo, unable to renew passports or obtain necessary documents. Human rights organizations have voiced concerns over the decree, arguing that it puts the rights and safety of Belarusians abroad at risk. As the situation continues to evolve, neighboring countries may introduce further measures to protect Belarusian nationals, but for now, the uncertainty remains.

Pros and Cons Summary:

Pros:


  • Neighboring countries like Lithuania and Poland have introduced measures to mitigate the impact on Belarusian citizens.
  • The decree raises awareness of the difficulties faced by the Belarusian diaspora, prompting international attention.
  • Belarusian nationals in select countries may still find temporary solutions to maintain legal status.
Cons:

  • Belarusians abroad face significant challenges in obtaining vital documents, risking their immigration status.
  • Citizens must return to Belarus to obtain or renew passports, raising concerns about safety and restricted movement.
  • The decree disproportionately affects Belarusians living outside of Lithuania and Poland, where no alternative solutions have been offered.
  • Long-term uncertainty remains for Belarusians seeking to navigate immigration and legal requirements in their host countries.
 
This decree is just another example of Belarus tightening its grip on citizens abroad. Honestly, the government is likely trying to force more people to return. The restrictions on consular services effectively make it impossible for Belarusians to remain abroad without serious complications.
 
Wait, does this mean that even if someone has a valid residence permit in another country, they can't renew their passport without going back to Belarus? That seems really extreme! What options do they even have now?
 
Wait, does this mean that even if someone has a valid residence permit in another country, they can't renew their passport without going back to Belarus? That seems really extreme! What options do they even have now?
Yes, Jennifer, that’s correct. The decree specifically halts passport renewals and other consular services abroad. For Belarusians with residence permits in Lithuania or Poland, there are temporary travel document solutions, but outside of those countries, options are limited.
 
I’ve worked with Belarusian clients facing similar issues. Returning to Belarus is incredibly risky for many of them due to political persecution. Lithuania’s “foreigner’s passport” is a good initiative, but it only scratches the surface of a much larger problem.
 
💔 This sounds like such a nightmare for anyone caught in this situation. Are there any NGOs helping people out?
 
The decree is emblematic of autocratic administrations consolidating control through administrative machinations. NGOs such as Viasna Human Rights Centre and the Belarusian diaspora associations in Poland and Lithuania are providing limited aid, but their capacity is overwhelmed.
 
The decree is emblematic of autocratic administrations consolidating control through administrative machinations. NGOs such as Viasna Human Rights Centre and the Belarusian diaspora associations in Poland and Lithuania are providing limited aid, but their capacity is overwhelmed.
“Administrative machinations,” Petter? Fancy words for “making people’s lives hell.” 😂 Seriously though, does anyone think Belarus might ease these restrictions anytime soon? I’m guessing no.
 
“Administrative machinations,” Petter? Fancy words for “making people’s lives hell.” 😂 Seriously though, does anyone think Belarus might ease these restrictions anytime soon? I’m guessing no.
No chance, Hannah. This is all about control. And for anyone hoping Lithuania and Poland can offer full solutions—think again. Their measures only apply to residents. Everyone else is still stuck.
 
Honestly, are we sure Lithuania’s “foreigner’s passport” is even a viable long-term solution? Seems like a band-aid for a bullet wound. What happens when it expires?
 
From a technical standpoint, Lithuania’s passport system is more a bridging mechanism for immediate travel needs than a sustainable solution. Without diplomatic agreements, such options remain jurisdictionally limited.
 
At least Lithuania and Poland are trying to help. That’s more than can be said for other countries. Their efforts, though limited, highlight the solidarity they have with Belarusians in such difficult times. 🌟