On 7 August, Belarusian authorities expelled a young Guinean mother while her young baby remained in Belarus. Reportedly, the mother was removed without due process–including the ability to challenge her separation from her child. UN experts have condemned the incident, which reflects a broader pattern in Belarus of using parental separation from children for both immigration and political reasons. […]
Belarus: Covid-19 and Detention
The humanitarian crisis that unfolded–and continues to unfold–on Belarus’s borders with the European Union (EU) in late 2021 sparked widespread scrutiny of that country’s treatment of migrants and asylum seekers (see the 12 November 2021 update on Belarus on this platform). However, the EU has long seen Belarus as an important partner in its efforts […]
Belarus: Covid-19 and Detention
The escalating crisis on the Belarus-Polish border has spurred a growing number of countries to accuse Belarus of weaponizing migrant and refugee movements, using them as pawns to destabilise the European Union. At the same time, there is growing international outrage over Poland’s response to the situation–as well as that of other countries that border […]
Belarus: Covid-19 and Detention
In response to an information request submitted by the Global Detention Project and the NGO Human Constanta, Belarus Deputy Minister of the Interior Ministry Aleksandr Barsukov confirmed that during the pandemic non-nationals who violate the country’s legislation may continue to face detention and deportation. He wrote, “For foreigners violating the legislation of the Republic of […]
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DETENTION STATISTICS
DETAINEE DATA
DETENTION CAPACITY
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
SOCIO-ECONOMIC DATA & POLLS
LEGAL & REGULATORY FRAMEWORK
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Do Migration Detainees Have Constitutional Guarantees?
Additional Legislation
Regulations, Standards, Guidelines
Centralised or Decentralised Immigration Authority
Centralized immigration authority
GROUNDS FOR DETENTION
Immigration-Status-Related Grounds
Non-Immigration-Status-Related Grounds in Immigration Legislation
Criminal Penalties for Immigration-Related Violations
LENGTH OF DETENTION
DETENTION INSTITUTIONS
Custodial Authorities
Apprehending Authorities
PROCEDURAL STANDARDS & SAFEGUARDS
Procedural Standards
Impact of Legal ATDs on Overall Detention Rates
COSTS & OUTSOURCING
Description of Foreign Assistance
IOM Launches New Project to Improve Border Governance and Migrant Protection in Belarus. IOM launched a project to strengthen Belarus’s border management and better protect migrants. It focuses on improving the State Border Committee’s capacity, cooperation, and procedures, with special attention to vulnerable groups and human‑rights standards. The project is funded by the IOM Development Fund and implemented jointly with Belarusian authorities.
The project " Assistance to Belarus to handle increased irregular migration" was registered in August 2018. The project is funded by the European Union and is implemented by the International Organization for Migration Office in Belarus in cooperation with the Ministry of Internal Affairs and the State Border Committee. The budget of the project is €7 million. The project seeks to enable voluntary return of migrants to their homeland without deportation. The border guard service will also receive vehicles to transport migrants. The project provides for the construction of new centers and also renovation of the existing ones.
COVID-19 DATA
TRANSPARENCY
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOS)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL DETENTION MONITORING
INTERNATIONAL TREATIES & TREATY BODIES
International Treaties Ratified
Ratio of relevant international treaties ratified
Relevant Recommendations or Observations Issued by Treaty Bodies
procedure in accordance with international standards. The Committee recommends that the State party ensure that its measures do not inadvertently constitute a risk of statelessness for certain categories of Belarusian citizens, including for members of national and other minority communities living abroad. In line with its previous recommendation,8 the Committee encourages the State party to accelerate the process of acceding to the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.
(a) Develop a legislative framework on undocumented children;
(b) Establish status determination procedures to ensure the identification and protection of children in situations of migration, including unaccompanied children and separated children;
(c) Develop a standard protocol on age-determination methods that is multidisciplinary, scientifically based, respectful of children ’ s rights and used only in cases of serious doubt about the claimed age, consider documentary or other forms of evidence available and ensure access to effective appeal mechanisms;
(d) Integrate the principle of the best interests of the child in legislation and regulations concerning migration, ensure that this principle is given primary consideration in asylum and migration-related procedures, including age and status determination and deportation, and that children ’ s views are duly taken into account therein, and provide support to families with migration backgrounds to prevent family separation;
(e) Build the capacity of the authorities to determine and apply the best interests of the child in asylum and migration-related procedures;
(f) Ensure that all children in situations of migration, including undocumented and separated children, receive appropriate protection, are informed about their rights in a language they understand, have access to education and health care, including psychosocial support, and are provided with interpretation and free legal aid; and develop comprehensive referral, case management and guardianship frameworks for unaccompanied and separated children;
(g) Prohibit immigration detention of children and ensure non-custodial solutions, including foster care and accommodation in specialized open reception centres serviced by trained professionals and providing access to education and psychosocial support, ensure the periodic and independent review of the care and ensure access to complaint procedures."
(c) Establish a procedure to identify persons in situations of vulnerability and monitor the detention of undocumented migrants on a regular basis;
Para 53b Refrain from detaining migrants, including minors who may be detained with their relatives, in regular pretrial or temporary detention facilities and provide them with access to a lawyer and other fundamental legal safeguards;
[...]
(e) Compile and provide the Committee with detailed statistical data, disaggregated by country of origin, on the number of persons who have requested asylum or refugee status, and the outcomes of those applications, as well as the number of expulsions, deportations or extraditions that have taken place and the countries to which individuals were returned.
(a) Expressly identify the best interests of the child as a primary considerationwhen examining asylum applications of undocumented, unaccompanied orseparated children, and refrain fromplacing these children in detention centres;
(b) Train asylumandmigration officials in the application of the legislation governing asylumand complementary protection, including training in taking into consideration child-specificforms of persecution;
(c) Ensure, including through the signing of bilateral agreements containing appropriate safeguards, that decisions forreturn and reintegration of unaccompaniedBelarusian children are carried out with the primary consideration of the best interests of the child; and
(d) Take into account the Committee’s views contained in its generalcomment No. 6 (2005) on the treatment of unaccompanied and separated children outside theircountry of origin.
> UN Special Procedures
Relevant Recommendations or Observations by UN Special Procedures
40.The situation of migrants at the Belarusian-Polish border reflects the ongoing geopolitical crisis in the region. The Special Rapporteur firmly condemns the use of migrants as a political tool in violation of their human rights. Migrants should not be used or sacrificed.
41.Pushback practices at the border have cost migrants’ lives. Continued reports of migrants stranded at the Belarusian-Polish border, especially new arrivals, confirm that harsh border governance measures and the construction of the physical fence have not deterred irregular border crossing attempts, but have heightened the risks to migrants and increased their suffering. Serious concern remains about the physical and mental integrity of all migrants stranded at the Belarusian-Polish border, particularly in view of incoming arrivals and the increasingly harsh circumstances after the installation of the fence, and during winter. These conditions may also amount to cruel, inhuman or degrading treatment and may result in violations of the rights to life and security of person.
42.To find solutions for these migrants, the Special Rapporteur calls upon Belarus, Poland and the European Union to conduct constructive dialogue, most importantly to prevent further loss of life and ensure that protection of the human rights of migrants is placed at the centre of any solution adopted to address this situation, and recommends that:
(a)Belarus and Poland take all reasonable precautionary steps to protect life and to prevent excessive use of force and conditions amounting to cruel, inhuman and degrading treatment, and cooperate to save lives and prevent migrant deaths and injuries, in accordance with international law.
(b)Since each death requires a prompt, independent, transparent and thorough investigation, the authorities of Belarus and Poland must cooperate with such processes and conduct prompt, thorough and transparent investigations into each migrant death and each allegation of violence committed by border guards on both sides at the Belarusian-Polish border, and take proactive steps to remove suspected perpetrators from duty and to prosecute them where appropriate.
44.Belarus and Poland should ensure access to justice and remedies for migrants who have suffered human rights violations or abuses as a result of border governance measures, including by establishing accessible and adequate complaint and reparation procedures, and refraining from raising territorial or other restrictions that effectively prevent applicants from accessing justice.
46.To address this ongoing situation and provide safe pathways for migrants, it is essential for Belarus to grant unhindered access to relevant United Nations agencies, to strengthen cooperation, to rebuild partnerships and to regain trust and interest from donors. More specifically, Belarus should work closely with international organizations including the United Nations to enhance the protection of the human rights of migrants and asylum-seekers. Cooperation with relevant United Nations entities and agencies could include human rights training for law enforcement and immigration enforcement personnel, and technical cooperation in establishing independent monitoring mechanisms at international borders.
> UN Universal Periodic Review
Relevant Recommendations or Observations from the UN Universal Periodic Review
112. The Committee against Torture remained concerned at reports that the State continued
to engage in forced expulsion, deportation, returns and extradition to third countries in which
there were substantial grounds to believe that an individual would be in danger of being
subjected to torture.
113. The Committee was also concerned at reports indicating prolonged detention of
people who were in violation of migration legislation, at poor conditions in those detention
facilities and at the lack of fundamental legal safeguards provided to those detained.130
114. The United Nations country team recommended that the Government consider
introducing alternatives to detention for asylum seekers, and use detention only as a measure
of last resort in accordance with the law, for the shortest possible period.
115. The Committee on the Rights of the Child urged the State to establish status
determination procedures to ensure the identification and protection of children in situations
of migration, including unaccompanied children and separated children. It urged the State to
ensure that all children in situations of migration, including undocumented and separated
children, received appropriate protection.......
REGIONAL HUMAN RIGHTS MECHANISMS
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
Country Updates
Government Agencies
Ministry of Interior - https://mvd.gov.by/ru
Department of Citizenship and Migration DCM Belarus - https://mvd.gov.by/ru/page/departament-po-grazhdanstvu-i-migraci
International Organisations
UNHCR Office - https://www.unhcr.org/where-we-work/countries/belarus
IOM Office - https://belarus.iom.int/
NGO & Research Institutions
Ombudsman office - https://humanrights-online.org/institute-of-the-ombudsman-in-the-republic-of-belarus-position-of-the-belarusian-section-of-the-ishr/
Amnesty Office Belarus - https://www.amnesty.org/en/location/europe-and-central-asia/eastern-europe-and-central-asia/belarus/report-belarus/
Human Rights Watch Belarus - https://www.hrw.org/europe/central-asia/belarus
