Belarusian Decree No. 278: The Plight of Expatriates Facing Passport Renewal Challenges

Reports from Belarus indicate that thousands of Belarusians residing abroad are no longer able to renew their passports due to a decree that took effect last year. Emerging from the constitutionally-disputed presidency of Alexander Lukashenko, Decree No. 278 “On the Procedure for Issuing Documents and Performing Actions” makes it nearly impossible for Belarusian citizens abroad to exchange or extend their passports at Belarusian embassies or consulates. Instead, these individuals are now required to return to Belarus to renew their documents, a daunting and risky proposition for many, particularly those who have publicly expressed opposition to Lukashenko’s regime. This report is based on firsthand observations by Belarusian law students studying at the European Humanities University and filing reports with JURIST.

The degree also affects individuals’ rights to deal with real estate property located outside of Belarus, inherit or dispose of such property, and prohibits students from obtaining an apostille for university admission or job applications unless they are present in-person within the on Belarusian territory. This decree, therefore, represents a significant challenge for those Belarusian citizens who are based overseas, effectively precluding them from fulfilling various necessary activities unless they return to Belarus.

According to UN data referenced by the Belarusian Foreign Ministry, approximately 1.5 million Belarusians resided outside of the country in 2020. The last three years have seen a massive surge in emigration from the troubled nation, with figures cited by Svetlana Tikhanovskaya from the Parliamentary Assembly of the Council of Europe (PACE) reporting that between 200,000 to 500,000 people left Belarus since the controversial Presidential elections of August 2020. Given the circumstances, alternative solutions such as obtaining a foreigner’s passport (available in countries such as Lithuania and Poland), or a Geneva passport (restricted to individuals with refugee status and recognized by over 140 countries) have become increasingly important.

Democratic forces led by Svetlana Tikhanovskaya are currently working towards the recognition of passports from the “New Belarus”, however, this is a time-consuming process. The issue of passport non-renewal overseas may expedite this process given its uncomfortable implications for those stranded away from home.