Belarusians Are Restricted to Travel Abroad At the Slightest Pretext

The lawyer tells about the situation.

The family from Vitsebsk faced a restriction on leaving the country for their 15-year-old son, who is already considered liable for military service at this age.

Siarhei Matulin and his family decided to repatriate (to leave for permanent residence) to Israel. The boy's parents wanted his son to receive a passport of the PP series before leaving, but the military registration and enlistment office did not issue the necessary certificate. "They said that he was liable for military duty, it means that he couldn't get a passport. But what kind of a person is he liable for military duty at the age of 15?

Harry Pahaniaila, chairman of the legal commission of the Belarusian Helsinki Committee, commented on the situation for Charter97.org.

- How could you comment on the actions of the military registration and enlistment office in Vitsebsk?

- I haven't had such cases yet, but in any case: the actions of the military registration and enlistment office can be appealed. First, it can be appealed to the immediate superior, then to the Prosecutor's Office and the court.

Of course, an experienced lawyer, who could help to study the current legislation and the intricacies of the situation, should be invited.

- Parents of the teenager have no obstacles to travel abroad. Can we call this practice family separation?

- You see, the complexity of the situation is that from the age of 14 teenagers already have certain rights and responsibilities. If it had been a child, the family had had more chances to solve the situation.

Therefore, the matter is questionable. One can appeal to the rights of the child and family integrity. But this is the age when a citizen has albeit limited, but procedural legal capacity, and in a number of legal cases can act independently, without the participation of parents.

But that is not the point. The thing is that if there are such restrictions in the state, they should be examined from any point of view and the interests of the teenager come in the first place. According to all the arguments, the court will be able to make a decision. But the parents of the teenager will have to prepare for such a process to fully protect their rights and the rights of their child to another place of residence.

- This situation has arisen shortly after the adoption of the new "Law on Deferments" in Belarus...

- This case has no direct bearing on the Law on Deferments. However, the teenager has already reached the age the military commissariats are interested in. This is not a conscription age, but a pre-conscription one. This is the age when a young man is registered at military registration offices.

Therefore, military registration and enlistment offices seek an opportunity to restrict the possibility of leaving for permanent residence in another state, and in particular in Israel.

I guess the Vitsebsk is not an isolated case in Belarus. Therefore, I offer the family of the teenager to find out the information about how other parents got out of the situation.

- Can the Ministry of Defense and military registration and enlistment offices impose restrictions on boys and teenagers to visit relatives abroad or have trips for fun?

- I can't speak for our state bodies, including the military department. It can be argued that the state today prevents people from going abroad for any reason, especially when the Belarusians leave the Fatherland due to personal reasons.

This is already becoming a regularity, and the problem has moved from the legal to the political field. The country has failed to create the most favourable regime for its citizens. We are seriously lagging behind the Western countries in the labour, social, and educational and professional spheres. People use the situation to leave the country.

It is the state's problem when people leave the country en masse. Let the authorities study it and try to make people in our country feel better. Then these problems will be resolved.

- Lukashenka has repeatedly voiced the idea to officially restrict the departure of Belarusians abroad...

- There was an idea to introduce a $100 duty to travel abroad.

- Don't you think that the authorities are gradually trying to restore the "iron curtain"?

- I doubt that they will succeed. It is barely possible, even if one longs for it.

After all, the authorities want to attract as many tourists and their money from outside as possible. It means that they will have to open other countries for our citizens, where they can move freely.

In addition, no open borders for the movement of capital and investments bring no good for the authorities. There is a good reason for them to discuss it. This leads to the free movement of labour and goods. Belarus joins the WTO. It has its standards of openness there, and it won't be possible to hide behind the "iron curtain".

Certain categories of our citizens may face obstacles. But it is almost impossible to drop the curtain today.

- Then are these obstacles needed today?

- In some cases, the state takes unpopular steps serving their selfish interests.

But if it is democratic and legal, it will try to seek compromises and balance to satisfy the interests of citizens and seek ways to respect its interests.

Free countries solve the issue of preserving the number of citizens in a civilized manner, including the use of material and social incentives. People enjoy their life in certain countries. For example, it is true about Switzerland or the Nordic countries - Sweden, Finland, Norway.

If the Belarusian authorities are interested in their citizens, let them look up to these countries.

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