Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Belarus (Ratification: 1956)

The Committee notes the information contained in the Government’s report, the discussion that took place in the Conference Committee on the Application of Standards and the conclusions of the Committee on Freedom of Association in its review of the measures taken by the Government to implement the recommendations made by the Commission of Inquiry (339th Report, approved by the Governing Body at its 294th Session). The Committee further notes the comments made by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention in law and in practice.

The Committee recalls that all of its outstanding comments have raised issues directly relating to the recommendations of the Commission of Inquiry. It further observes the conclusions of the Conference Committee wherein it deplored the fact that no real concrete and tangible measures had yet been taken by the Government to resolve the vital matters raised, including a number of recommendations that were to be implemented by 1 June 2005. The Committee further notes with regret that a mission, as recommended by the Conference Committee (to assist in the drafting of the legislative amendments requested by the Commission of Inquiry and to evaluate measures taken by the Government to implement fully its recommendations), has not yet taken place despite the urgency of the Commission’s recommendations and the long-passed deadline that had been set.

The Committee notes that the Government refers generally to an action plan it has put in place to implement the recommendations of the Commission of Inquiry while taking into account the realities in the country and its sovereign interests. The implementation of the Plan of Action would follow three orientations: improving national legislation and its application in practice with regard to the establishment and registration of trade unions and the exercise by trade unions of their activities in accordance with their statutes; improving mechanisms for safeguarding the rights of trade unions and preventing discrimination against workers on the grounds of union membership; development of tripartism and social dialogue. Nevertheless, the Committee notes with regret that, from the analysis below, no specific steps have been taken in implementation of the Commission’s recommendations.

Article 2 of the Convention. The Committee recalls that in its previous comments it had urged the Government to take the necessary measures to amend Presidential Decree No. 2 on some measures for the regulation of activities of political parties, trade unions and other public associations and its accompanying rules and regulations, as concerns the legal address requirement and the minimum membership requirement of 10 per cent of workers at enterprise level for enterprise trade unions, and to disband the Republican Registration Commission, so as to bring the Decree and its application into conformity with the provisions of the Convention.

The Committee notes with regret that, while the Government refers generally to continued work on improving legislation regarding the activities of trade unions and its determination to make amendments to the Trade Unions Act, as well as to steps taken to study international experience in this area, the Government has given no precise indication as to the steps taken to amend Decree No. 2 and its rules and regulations, or to the measures taken to disband the Republican Registration Commission. Given the very clear nature of these recommendations, the Committee urges the Government to take the necessary steps to amend Decree No. 2, its rules and regulations, and disband the Republican Registration Commission without delay, so that all workers, without distinction whatsoever, shall be free to form and join the organization of their own choosing.

As to the concerns raised previously by the Congress of Democratic Trade Unions (CDTU) that draft amendments had been initiated by the Ministry of Justice to the Law on Trade Unions, which would substantially increase the requirements for trade union registration at various levels, the Government points out that the statements made by the trade unions have varied over time suggesting initially a threshold of 30,000 and referring more recently to 7,000. The Committee notes that the Government adds that these matters are still under examination by the Government, trade unions and employers’ organizations within the framework of the Council for the Improvement of Social and Labour Legislation and that no draft is yet official. Given the importance such changes might have on the possibilities of trade unions to function in Belarus, the Committee trusts that any changes contemplated in this regard will be the subject of full and meaningful consultation with all the social partners. The Committee requests the Government to transmit a copy of the draft amendments as soon as they are finalized.

Article 3 of the Convention. The Committee recalls that in its previous comments it had urged the Government to take the necessary measures to amend the Law on Mass Activities (as well as Decree No. 11 if it had not yet been repealed), so as to bring it into line with the right of workers’ and employers’ organizations to organize their activities. It further requested the Government to indicate the measures taken to amend sections 388, 390, 392 and 399 of the Labour Code and to ensure that National Bank employees may have recourse to industrial action, without penalty. Finally, the Committee urged the Government to take steps immediately, in accordance with the Commission’s recommendations, to declare publicly that acts of interference in internal trade union affairs are unacceptable and will be sanctioned and to issue instructions to the Prosecutor-General, the Minister of Justice and court administrators so that any complaints of external interference made by trade unions are thoroughly investigated.

The Committee regrets that no amendment has been adopted in this regard. It urges the Government to take the necessary measures in this regard rapidly. It further notes with regret that no information has been provided as to the issuance of a public declaration clearly indicating that acts of interference in internal trade union affairs would not be tolerated, nor as to instructions given to the Prosecutor-General, the Minister of Justice and court administrators. The Committee once again requests the Government to provide full particulars in this regard in its next report.

In reply to the Commission’s recommendations to issue instructions to heads of enterprises not to interfere in internal trade union affairs, the Government refers to a special letter of instructions explaining the provisions of the current national legislation and international labour standards, prohibiting interference by employers and trade unions in each other’s affairs. The Committee requests the Government to provide a copy of the letter issued, as well as a list of the enterprises that received the letter, with its next report.

Finally, the Committee notes from the Government’s report under Convention No. 144 that the CDTU has commented upon Government intervention in the determination of the representative of the union in a group of experts. The Committee recalls that Article 3 of the Convention provides that workers’ organizations shall organize their activities, free from Government interference, and this includes the basic right of determining the person to represent them on national tripartite bodies. The Committee requests the Government to refrain from any interference in the choice of union representatives on tripartite bodies and to keep it informed of the measures taken in this regard.

Articles 3, 5 and 6 of the Convention. In its previous comments, the Committee once again urged the Government to amend section 388 of the Labour Code, which prohibits strikers from receiving financial assistance from foreign persons, and Decree No. 24 concerning the use of foreign gratuitous aid so that workers’ and employers’ organizations may effectively organize their administration and activities and benefit from assistance from international organizations of workers and employers. The Committee notes the Government’s indication that it is planning to study the situation and to seek the best way of resolving the questions raised, in the light of further information on foreign practices in this respect. The Committee urges the Government to amend Decree No. 24 so as to ensure that workers’ and employers’ organizations may receive foreign gratuitous aid for legitimate trade union activity without interference by the public authorities.

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In light of the above and with further reference to the report of the Committee on Freedom of Association in its examination of the measures taken to implement the recommendations of the Commission of Inquiry, the Committee observes with deep regret that no substantial progress has been made towards improving the application of this Convention in law and in practice to all workers, without distinction whatsoever, and fears that the legislative proposals currently being considered by the Government may result in the elimination of any remnants of an independent trade union movement in Belarus. The Committee therefore expects that the Government will accept a mission from the Office in the near future with the aim of facilitating the implementation of all the measures recommended by the Commission of Inquiry so that significant progress can be noted in respect of the application of this Convention both in law and in practice.

[The Government is asked to supply full particulars to the Conference at its 95th Session and to reply in detail to the present comments in 2006.]