21 September 2023

Over the last few months, the Belarusian authorities have introduced legal regulations regarding the issuance of foreign passports, granting and depriving a person of citizenship, and the obligation to inform about their citizenship, temporary residence permits and other documents entitling them to stay abroad. In this article we discuss changes in Belarusian legislation and the consequences of these changes for Belarusians staying in Poland.

 

On September 4, 2023, the Decree of the President of the Republic of Belarus on the procedure for issuing documents and performing activities No. 2 78 was issued, which entered into force after its official publication. Based on the Decree, the list of administrative procedures that can be carried out at the embassy or consulate of Belarus abroad was shortened. The Belarusian authorities have also limited the possibility of obtaining documents and performing certain activities in Belarus based on a power of attorney issued abroad - these activities, in the light of recent changes, can only be performed after arrival in Belarus or after issuing a power of attorney on the territory of Belarus. 

 

Based on the above-mentioned list of procedures, the right of a Belarusian citizen to obtain or extend a passport at consular offices of Belarus has been abolished. From now on, a person can apply for the issuance or renewal of a passport only at the appropriate administrative body in the territory of Belarus in person or on the basis of a power of attorney drawn up in Belarus.

 

« Passports are issued and exchanged:

a citizen residing in the territory of the Republic of Belarus, by the internal affairs authority of the citizen's place of residence. »

 

Decree of the President of Belarus of June 3, 2023 No.  294 on documenting the population of the Republic of Belarus as amended by Decree of the President of Belarus of September 4, 2023 No. 278 on the procedure for issuing documents and taking actions 

 

Decree No.  278 significantly complicates the functioning of a Belarusian citizen abroad, because due to the inability to issue or extend a passport, the person remains without the necessary documents in a foreign country. In order to improve the legal situation of Belarusian citizens and to prevent the problem of further legalization of such persons, the Polish authorities have implemented appropriate legal provisions enabling Belarusian citizens to obtain a Polish travel document. You can read about the Polish travel document here: https://www.pomocprawna.org/polski-dokument-podrozy-dla-cudzoziemca 

 

It is worth paying attention to the following problem here. If a citizen of Belarus stayed in Poland on the basis of subsidiary protection, a permanent or temporary residence permit or a long-term EU resident permit, or in connection with a residence permit for humanitarian reasons, he or she may apply for a Polish travel document. However, a person whose stay in the territory of the Republic of Poland was legalized by a visa, e.g. a humanitarian visa, is not entitled to obtain such a document. Children of Belarusian citizens born in Poland are in a similar situation and cannot have a residence permit without a valid passport - a document confirming the identity of a foreigner abroad.

 

As Human Rights Watch emphasizes, although the preamble to the Decree states that it aims to further improve and optimize the activities of diplomatic missions and consular offices, in fact it poses a serious risk to people leaving Belarus and violates their fundamental rights.

 

Another adopted legislative change to the detriment of citizens of Belarus is the Law of the Republic of Belarus of January 5, 2023 № 242-Z on amending the Law of the Republic of Belarus " On Citizenship of the Republic of Belarus " . The Act entered into force on July 11, 2023 and applies to citizenship matters arising after that date. 

 

Among other provisions, the act introduces the possibility of losing citizenship for a citizen of Belarus. The most controversial basis for the loss of Belarusian citizenship is the entry into force of a judgment of a Belarusian court confirming the participation of a Belarusian citizen in extremist activities or causing serious harm to the interests of the Republic of Belarus. Such a judgment may be issued in traditional form, as well as in absentia in the absence of the accused in the territory of Belarus. 

 

A note has been added to the article regarding the interpretation of the concept of participating in extremist activities or causing serious damage to the interests of the Republic. It is the commission in any form by a person over 18 years of age, regardless of the place where he or she committed, at least one of the acts recognized in the Republic of Belarus as crimes provided for by the Belarusian Criminal Code, including: creation of an organized criminal group, creation of an extremist formation or participation in it, participation in mass riots, an act of terrorism or the threat of committing it, resistance to an officer or other person protecting public order, high treason or even insulting the President of Belarus.

 

The catalog of crimes that may result in loss of citizenship is quite wide. According to the practice of Belarusian courts, participation in mass riots is also considered to be participation in protests related to the presidential elections, and the creation of an organized criminal group may also include the creation of opposition groups in social networks.

 

« The citizenship of the Republic of Belarus of a person who has turned 18 years of age, acquired by this person as a result of admission to the citizenship of the Republic of Belarus, on the basis of registration, as a result of restoration of citizenship of the Republic of Belarus or for reasons provided for in international agreements of the Republic of Belarus, may be lost as a result of entry into the force of a judgment of a court of the Republic of Belarus, a judgment of a court in a criminal case of a foreign state, a judgment or other judgment of an international tribunal (court), a mixed tribunal (court), confirming the participation of this person in extremist activities or causing serious harm to the interests of the Republic of Belarus. »

 

Law of the Republic of Belarus of January 5, 2023 № 242-Z

On changes to the Law of the Republic of Belarus " On Citizenship of the Republic of Belarus

 

It should be noted that the subjective scope of the above-mentioned the article applies to persons living in the territory of Belarus as well as outside Belarus; persons with additional citizenship of another country, as well as Belarusians with one citizenship; persons convicted of crimes in Belarus as well as abroad.

 

Due to the numerous cases of convictions of Belarusian citizens based on the above-mentioned acts, there is a high risk of depriving the citizenship of Belarusians who moved to the territory of the Republic of Poland for fear of further persecution in their country of origin. Consequently, if such a person did not have the citizenship of another country at the time of deprivation of his citizenship, he will become stateless, which raises another significant legal problem. You can read more information about statelessness in Poland here: https://www.pomocprawna.org/blogcpphn-bezpanstwowcy-w-polsce---mozliwosci-legalyzacji-pobytu 

 

Deprivation of citizenship is a serious measure that interferes with the life, security and personal rights of an individual. Article 10 of the Constitution of the Republic of Belarus serves as confirmation of this thesis in Belarusian legislation: " No one may be deprived of the citizenship of the Republic of Belarus or the right to change citizenship ."  Nevertheless, the act in question was signed by the President and operates in the Belarusian legal system.

 

Additionally, on the basis of this Act, an obligation to provide information about the acquisition by a citizen of Belarus of citizenship of another country, a residence permit in another country or another document of a foreign country granting him relief or benefits has been introduced.  Similarly, the information obligation also applies to the loss of the above documents.

 

The documents issued by Polish administrative authorities definitely include: granting or recognition as a citizen of the Republic of Poland, a temporary or permanent residence permit or a long-term EU resident permit, and the Pole's Card, confirming membership in the Polish Nation. 

 

During the announcement of the amendments, the Head of the Belarusian Ministry of Foreign Affairs noted that the changes are aimed primarily at using the collected information for more accurate verification of a person when applying for a job in the civil service and resolving other matters related to filling government positions, as well as in the area of ​​procedural legislation criminal and socio-legal sphere.

 

Citizens of the Republic of Belarus who have acquired citizenship of a foreign country or have received a residence permit or another document from a foreign country entitling them to discounts and other benefits are obliged to inform the internal affairs authorities or diplomatic service authorities about this within three months from the date of receipt of the relevant documents.

 

Law of the Republic of Belarus of January 5, 2023 № 242-Z

On changes to the Law of the Republic of Belarus " On Citizenship of the Republic of Belarus

 

A person who has acquired or lost citizenship, residence permit or other document of a foreign country granting relief or benefits is obliged to inform the Belarusian internal affairs or diplomatic service bodies of this fact within three months from the date of receipt. The obligation applies to persons who acquired the above-mentioned documents after the entry into force of the Act, as well as persons who had these documents before the beginning of July 2023. Reports on acquisition or loss are made via the electronic services portal of the national automated information system to the information system of the Belarusian Ministry of Internal Affairs or by personal notification of the citizen to the Belarusian internal affairs bodies or diplomatic service bodies.

 

Currently, the Act does not provide for administrative or criminal liability for Belarusian citizens for failure to notify the competent authorities. However, informing is an obligation and rests with the citizen.

 

To sum up, as a result of changes in the legislation of the Republic of Belarus, citizens may be deprived of their citizenship on the basis of a judgment of a Belarusian court, including a default judgment, for crimes related to participation in protests against the president; they may be left without a valid passport due to the abolition of the obligation of consular offices to issue or prolong passports; and are also obliged to inform state authorities about the acquisition of a residence title or other document from a foreign country in order to collect personal data of Belarusian citizens staying abroad. These changes will undoubtedly affect the majority of Belarusians living abroad,

 

Persons from Belarus who were forced to leave their country of origin for reasons of persecution are entitled to submit an application for international protection on the territory of the  Republic of Poland. You can read more about the proceedings for granting international protection in Poland here: https://www.pomocprawna.org/lib/i5r5fu/Russian---refugee-l00y6k04.pdf 

 

 

 

Sources:

 

 

Belarus: citizenship, foreign passports and information obligation

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