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 […]
12 November 2021 – Belarus
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 […]
13 May 2020 – Belarus
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
MIGRATION-RELATED DETENTION
GOVERNANCE SYSTEM
LEGAL & REGULATORY FRAMEWORK
Do Migration Detainees Have Constitutional Guarantees?
Yes
(Art.11 Foreign nationals and stateless persons on the territory of Belarus shall enjoy
rights and liberties and execute duties on equal terms with the citizens of the Republic of
Belarus, unless otherwise specified in the Constitution, the laws and international treaties. Art 25. The State shall safeguard personal liberty, inviolability and dignity. The
restriction or denial of personal liberty is possible in the instances and under the procedure
specified in law.
A person who has been taken into custody shall be entitled to a judicial investigation into
the legality of his detention or arrest.
No one shall be subjected to torture or cruel, inhuman or undignified treatment or
punishment, or be subjected to medical or other experiments without one's consent.)
1994
2004
Additional Legislation
Law of the Republic of Belarus N 354-З “On Granting Refugee Status, Additional Protection, Asylum and Temporary Protection in the Republic of Belarus to Foreign Citizens and Stateless Persons”
(2008)
2016
Regulations, Standards, Guidelines
Resolution of the Council of Ministers of the Republic of Belarus N 333 "On approval of the Regulations on the procedure for deportation of foreign citizens and stateless persons"
(2007)
Resolution of the Council of Ministers of the Republic of Belarus of 03.02.2006 N 146 "On approval of the Regulation on the procedure for the expulsion of foreign citizens and stateless persons from the Republic of Belarus and recognition as not valid of certain decisions of the Council of Ministers of the Republic of Belarus on the deportation of such persons"
(2006)
GROUNDS FOR MIGRATION-RELATED DETENTION
LENGTH OF MIGRATION-RELATED DETENTION
MIGRATION-RELATED DETENTION INSTITUTIONS
Apprehending Authorities
Departments of the Committee of State Security
(Law enforcement, border control and national security)
Ministry of Justice
Departments of Internal Affairs
(Law enforcement, border control and national security)
Ministry of Justice
PROCEDURAL STANDARDS & SAFEGUARDS
Procedural Standards
> National human rights monitoring bodies
> National Preventive Mechanisms (Optional Protocol to UN Convetion against Torture)
> Non-governmental organisations (NGOs)
> Governmental monitoring bodies
> International detention monitoring
TRANSPARENCY
READMISSION/RETURN/EXTRADITION AGREEMENTS
COVID-19
HEALTH CARE
COVID-19 DATA
Have Populations of Concern Been Included/Excluded From the National Vaccination Campaign?
INTERNATIONAL TREATIES
International Treaties Ratified
Ratification Year
Observation Date
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1987
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2003
2017
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2003
2017
Ratio of relevant international treaties ratified
Ratio: 12/19
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee against Torture
§53. The Committee recommends that the State party: [...]
(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.
2018
2018
Committee on the Rights of the Child
§68. The Committee recommends that the State party:
(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.
2011
2011
Committee on the Rights of the Child
§ 39. "Recalling joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families / No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, the Committee urges the State party to:
(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."
2020
2020
NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS
REGIONAL HUMAN RIGHTS MECHANISMS
DETENTION COSTS
OUTSOURCING
FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS
Description of Foreign Assistance
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.
