Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2014 concerning the application of the Convention. It also notes the report transmitted to the Governing Body in March 2014 of the direct contacts mission (hereinafter, DCM) which visited the country in January 2014 with a view to obtaining a full picture of the trade union rights situation in the country and assisting the Government in the rapid and effective implementation of all outstanding recommendations of the Commission of Inquiry.

The Committee notes the observations submitted by the International Trade Union Confederation (ITUC) received on 1 September 2014 on the application of the Convention. It further notes the observations submitted by the Belarussian Congress of Democratic Trade Unions (BKDP) received on 28 August 2014 alleging numerous violations of the Conventions, including denial to register trade union structures affiliated to the members of the BKDP (during the 2013–14 period, for example, registration of the Bobruisk regional primary union of the Radio and Electronic Workers’ Union (REP) was allegedly denied on five occasions); and the adoption of the legislation affecting workers’ rights and interests without prior consultation with the BKDP, member of the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere (hereinafter, tripartite Council). The Committee requests the Government to provide detailed comments thereon. The Committee notes the observations submitted by the International Organisation of Employers (IOE) on 1 September 2014.

Article 2 of the Convention. Right to establish workers’ organizations. The Committee recalls that, in its previous observations, it had urged the Government to take the necessary measures to amend Presidential Decree No. 2, its rules and regulations, so as to remove the obstacles to trade union registration (legal address and 10 per cent minimum membership requirements). The Committee notes in this respect, that during its visit to Belarus, the DCM heard allegations of continued difficulties experienced by new trade union organizations with obtaining legal address, despite the widening of the possibilities as to the kind of premises which could satisfy the legal address requirement to include private houses and apartments. It further noted that although the legal address requirement was expanded, there were still considerable impediments for registration of new organizations. The DCM expressed disappointment that Decree No. 2 had not been amended and there were no proposals to amend it. The DCM further noted that, while according to the Government there were no outstanding requests for registration, the BKDP representatives indicated that registration impediments still existed and that independent trade unions generally had been discouraged from seeking to register because of the obstacles they had met. Moreover, the DCM received detailed allegations of serious difficulties faced by workers wishing to organize outside of the structure of the Federation of Trade Unions of Belarus (FTUB).

In view of the above, the Committee deeply regrets that there have been no tangible measures taken by the Government, nor have there been any concrete proposals, to amend the legal address requirement, which appears to continue to hinder registration of trade unions and their primary organizations in practice. It further regrets that the 10 per cent membership requirement for the establishment of a union at the enterprise level has not been revoked despite the Government’s suggestion that it would take steps to that effect made in its statement at the Conference Committee in June 2013. The Committee once again urges the Government, in consultations with the social partners, to amend Decree No. 2 and to address the issue of registration of trade unions in practice. The Committee requests the Government to indicate in its next report all progress made in this respect.

Further in this connection, the Committee recalls that in its 2012 and 2013 comments, it examined the situation at the “Granit” enterprise and, in particular, the allegation that the management of the enterprise refused to provide a primary organization of the Belarus Independent Trade Union (BNP) with the legal address required, pursuant to Decree No. 2, for registration of trade unions. The Committee notes that the DCM had addressed at length the conflict which had arisen at that enterprise; that conflict had eventually been examined, but could not be resolved by the tripartite Council. The contradictory information received by the DCM strengthened its conviction as to the necessity of developing mechanisms to find an acceptable resolution of these kinds of disputes in the future, through fact finding, facilitation and mediation, with full respect of freedom of association principles. The Committee notes that in its report, the Government indicates that it has accepted ILO technical assistance to conduct a series of activities aimed at improving social dialogue and cooperation between the tripartite constituents at all levels, as well as enhancing knowledge and awareness of freedom of association rights. The Government points out that one such activity is a workshop on dispute resolution and mediation. The Committee requests the Government to provide information on the results and concrete outcome of this activity.

Articles 3, 5 and 6. Right of workers’ organizations, including federations and confederations, to organize their activities. The Committee recalls that it had previously expressed its concern at the allegations of repeated refusals to authorize the BKDP, BNP and REP to hold demonstrations and meetings. It further recalls that it had noted with concern the BKDP allegation that after the chairperson of the Soligorsk BNP regional organization met with several women workers (on their way to their workplaces), she was detained by the police on 4 August 2010 and subsequently found guilty of committing an administrative offence and fined. According to the BKDP, the court had decided that by having met members of the union near the entrance gate of the company, the trade union leader had violated the Law on Mass Activities. The Committee had requested the Government to provide its observations on the facts alleged by the BKDP. The Committee deeply regrets that the Government provides no information in this respect. Recalling that peaceful protests are protected by the Convention and that public meetings and demonstrations should not be arbitrarily refused, the Committee urges the Government, in working together with the abovementioned organizations, to investigate all of the alleged cases of refusals to authorize the holding of demonstrations and meetings and to bring to the attention of the relevant authorities the right of workers to participate in peaceful demonstrations and meetings to defend their occupational interests. The Committee requests the Government to ensure that the exercise of the right to assembly is protected effectively from intimidation and other arbitrary acts.

In this connection, the Committee recalls that for a number of years it had been requesting the Government to amend the Law on Mass Activities, which imposes restrictions on mass activities and provides that an organization (including a trade union) can be liquidated for a single breach of its provisions (section 15), while organizers may be charged with a violation of the Administrative Code and thus subject to administrative detention. The Committee deeply regrets that, as noted by the DCM, no consideration is being given to amend the Law. The Committee is therefore bound to reiterate its previous request.

With regard to its previous request to amend Presidential Decree No. 24 concerning the use of foreign gratuitous aid, the Committee notes the DCM understanding that while there was currently no intention to amend the Decree, in practice, trade unions have not been prevented from using financial assistance. The Committee further notes the Government’s indication that there have been no refusals to register such aid and that the organizations that have requested the registration have obtained it. While noting this information, the Committee recalls that the Decree prohibits the use of foreign gratuitous aid for, among others, carrying out public meetings, rallies, street processions, demonstrations, pickets, strikes and the running of seminars and other forms of mass campaigning among the population. Violation of this provision can result in the imposition of heavy fines, as well as the possible termination of an organization’s activities. The Committee recalls that the right recognized in Articles 5 and 6 of the Convention implies the right to benefit from the relations that may be established with an international workers’ or employers’ organization. Legislation which prohibits the acceptance by a national trade union or employers’ organization of financial assistance from an international workers’ or employers’ organization, unless approved by the Government, and provides for the banning of any organization where there is evidence that it has received such assistance, is not in conformity with this right. Although there were no specific allegations as to the practical application of this Decree, the Committee, reiterates that the previous authorization required for foreign gratuitous aid and the restricted use for such aid set forth in Decree No. 24 is incompatible with the right of workers’ and employers’ organizations to organize their own activities and to benefit from assistance that might be provided by international workers’ and employers’ organizations. It therefore once again urges the Government, in consultation with the social partners, to amend Decree No. 24 so as to ensure that workers’ and employers’ organizations may effectively organize their administration and activities and benefit from assistance from international organizations of workers and employers in conformity with Articles 5 and 6 of the Convention. It requests the Government to provide information on all measures taken in this respect.

The Committee notes with regret that, as concluded by the DCM, while the situation of trade union rights has evolved, there has been no fundamental change or significant progress in implementing the Commission of Inquiry’s recommendations to amend the legislation in force. Noting that the Government has accepted technical assistance of the Office, the Committee expresses the hope that this renewed engagement with the ILO and cooperation with all the social partners will give rise to concrete results towards rapid and effective implementation of the outstanding recommendations of the Commission of Inquiry.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2015.]