Belarusian human rights organisations Respect-Protect-Fulfill (RPF) and Human Constanta have published an analytical report, “International Protection in Belarus: Legislation and Practice,” examining the country’s asylum system.
According to the authors, this is the first comprehensive study analysing Belarusian legislation on international protection and its implementation in practice. The report is based on nearly 10 years of the organisations’ work with forced migrants and their monitoring of violations of migrants’ rights.
The report notes that while migrants viewed Belarus primarily as a transit country during the first decades of independence, demand for international protection in the country has increased since the mid-2010s. Migration from Russia’s North Caucasus republics, Russia’s aggression against Ukraine and its subsequent full-scale invasion, as well as the migration crisis on the border between Belarus and EU member states, have all contributed to a growing number of people seeking protection in Belarus.
According to the human rights groups, although Belarusian asylum legislation generally complies with international standards, systemic problems persist in practice. The report states that obstacles arise at every stage of the procedure, from submitting an application to appealing a refusal in court. For example, according to UNHCR data, between 2014 and 2024 there were only two successful judicial reviews of asylum refusals in Belarus: one in 2014 and one in 2016.
Separate sections of the report examine the detention conditions of asylum seekers and compliance with the principle of non-refoulement, which prohibits returning a person to a country where they may face persecution, torture or cruel treatment.
The human rights groups also report cases of pressure on migrants, refusals to accept asylum applications, and the expulsion of people despite their intention to apply for international protection or appeal a rejection.
“At the same time, despite the systemic nature of these violations, it cannot be said that Belarus completely ignores its obligations. The practice of granting protection varies considerably depending on the migration context, the individual’s country of origin, and the political motivations of the authorities. For example, migrants from countries friendly to the Belarusian authorities who are wanted on criminal charges in their home countries are at particular risk of having their rights violated, whereas Ukrainian citizens are likely to receive protection,” said Mikita Matsiushchenkau, director of RPF and one of the report’s authors.
The human rights groups note that following the events of 2020 and the subsequent crackdown on civil society, the independent infrastructure providing assistance to migrants in Belarus was virtually dismantled.
“Independent organisations were liquidated and persecuted, while the activities of unregistered initiatives were criminalised. As a result, legal, humanitarian and medical assistance for migrants became effectively unavailable, while human rights defenders and volunteers were forced to leave the country or faced persecution. Human Constanta was forcibly dissolved in 2021, and its offices in Minsk and Brest were closed in December 2022. Despite this, we decided to continue working with migrants and asylum seekers, which became especially important amid the humanitarian crisis that began in Belarus and on its borders with EU countries in the summer of 2021,” said Alena Chekhovich, legal analyst at Human Constanta and co-author of the report.
According to the authors, the report has already been presented to international partners. They hope it will be used in the consideration of migration cases and in assessments of the situation regarding international protection in Belarus.
The full version of the report is available here.
