Informe provisional - Informe núm. 331, Junio 2003

Caso núm. 2090 (Belarús) - Fecha de presentación de la queja:: 16-JUN-00 - Cerrado

Allegations: The complainants’ pending allegations concern: interference by government authorities with trade union activities and elections, in particular as concerns the presidency of the trade union federation and subsequent favouritism; interference in the internal activities of the BPAD and the Minsk Regional Trade Union Organization of Employees in the Cultural Sphere and anti-union discrimination as concerns their members; dismissals of Mr. Evgenov, Mr. Evmenov and Mr. Bourgov and threats of dismissal against members of the GPO “Khimvolokno” and “Zenith” Free Trade Unions; refusal to employ the re-elected chairperson of the Free Trade Union of Metalworkers at the Minsk Automobile Plant, Mr. Marinich; non-registration of the BFTU trade union at the Khimvolokno State Production Amalgamation; interference in internal trade union activities by virtue of Presidential Decrees Nos. 8 and 11.

1. 122. The Committee has examined the substance of this case on several occasions when it presented interim reports to the Governing Body [324th Report, paras. 133-218; 325th Report, paras. 111-181; 326th Report, paras. 210-244; 329th Report, paras. 217?281; and 330th Report, paras. 207-238, approved by the Governing Body at its 280th, 281st, 282nd, 285th and 286th Sessions (March, June and November 2001, November 2002 and March 2003)]. New allegations and supplementary information were received from the Belarusian Free Trade Union (BFTU), the Congress of Democratic Trade Unions (CDTU), the Belarusian Trade Union of Air Traffic Controllers (BPAD) and the International Confederation of Free Trade Unions (ICFTU) in communications of 4, 5, 6 and 19 February 2003 which were summarized briefly in the Committee’s last examination of the case and are set out in detail below. Additional allegations were transmitted by the Radio and Electronic Workers’ Union (REWU) in a communication dated 2 May 2003.
2. 123. The Federation of Trade Unions of Belarus (FPB) transmitted a communication dated 10 March 2003 concerning certain matters raised in this case.
3. 124. The Government transmitted additional information in a communication dated 21 March 2003.
4. 125. Belarus has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 126. At its March 2003 session, the Governing Body approved the following recommendations in the light of the Committee’s interim conclusions:
   • (a) In light of the fact that the Government has taken no steps to implement its previous recommendations, the Committee must once again urge the Government to:
   • (i) establish independent investigations, having the confidence of all parties concerned, into the allegations of government interference in the elections of the Federation of Trade Unions of Belarus (FPB), the Agricultural Sector Workers’ Union (ASWU), the Brest Regional Association of Trade Unions and the Brest Regional Committee of Science and Education Unions, with the aim of rectifying any effects of this interference;
   • (ii) institute independent investigations into the allegations of anti-union tactics made in respect of the GPO “Khimvolokno” Free Trade Union and the Free Trade Union at the “Zenith Plant”;
   • (iii) institute an independent investigation into the allegations of managerial pressure for the establishment of a regional trade union of electronics industry workers and for the affiliation of the Tsvetotron plant to the new regional union;
   • (iv) take the necessary steps for the registration of the Belarusian Free Trade Union at the Khimvolokno State Production Amalgamation and eliminate any remaining obstacles to trade union registration noted in its previous report;
   • (v) amend Presidential Decree No. 8 so that workers’ and employers’ organizations may benefit freely, and without previous authorization, from the assistance which might be provided by international organizations for activities compatible with freedom of association, and Presidential Decree No. 11 so as to ensure that restrictions on picketing and other demonstrations called by workers’ or employers’ organizations are limited to cases where the action ceases to be peaceful or results in a serious disturbance of public order and so that any sanctions imposed will be proportionate to the violation incurred.
     • The Government is requested to keep the Committee informed of the progress made in this regard and the outcome of the investigations.
   • (b) The Committee requests the Government to provide information on the extent to which alternative organizations representing workers, such as those present in the complaint, may participate in the various national tripartite bodies, such as the National Council for Labour and Social Issues and the Group of Experts on issues relating to the application of international labour standards and to reply to the complainants’ new allegations in this regard.
   • (c) The Government is requested to keep the Committee informed of the measures taken in respect of the reinstatements of Mr. Evgenov, Mr. Evmenov and Mr. Bourgov and to reply to the new allegations made in respect of Mr. Evmenov.
   • (d) The Committee requests the Government to provide information on the alleged refusal to employ the re-elected chairperson of the Free Trade Union of Metalworkers at the Minsk Automobile Plant, Mr. Marinich, and invites the complainants to provide any additional information it might have as to the current status of Mr. Marinich.
   • (e) The Government is requested to reply urgently to the new allegations and supplementary information transmitted in the complainants’ communications of February 2003.

B. The complainants’ additional allegations

1. 127. In its communication dated 4 February 2003, the Belarusian Free Trade Union (BFTU) states that the human and trade union rights situation in Belarus is not improving. The Government ignores all appeals of the international trade union movement and the ILO to take measures aimed at establishing order. As a result the status of citizens and workers whose rights have been violated is worsening.
2. 128. The BFTU refers to Mr. Evmenov, who was dismissed from his job in January 2000 due to his refusal to work on the subbotnik and is still unemployed. In 2002, he applied directly to the chairperson of the Osipovichi District Executive Committee with a demand to implement the ILO recommendation for his reinstatement and compensation of all lost income but only received a cynical reply that due to his negative professional references all enterprises and institutions of the town refused to employ him. In October 2002, he managed to obtain temporary employment but was subsequently dismissed. It was reportedly stated that the competent authorities were commissioned to find out who had helped him obtain employment, even if temporary.
3. 129. The Congress of Democratic Trade Unions (CDTU) sent a communication dated 5 February 2003 providing, in its opinion, additional proof that the Federation of Trade Unions of Belarus (FPB) is, at present, a governmental trade union under complete control of the State and under its patronage.
4. 130. The CDTU and its structural units rent their premises from the FPB. These premises were purchased by the FPB in the communist times when there was a state monopoly on trade union activities. In those years, the entire workforce used to automatically sign up for trade union membership and paid dues on a “voluntary-compulsory” basis. The FPB property was thus being created at the expense of the entire population, including today’s CDTU members. That is why, since the emergence of the independent trade union movement, there has been the practice that the CDTU and its structural units rented premises (very limited) from the FPB on the rates fixed for non-profit associations renting premises owned by the State. The relations formed had never been broken for over ten years. The situation changed, however, when Mr. Kozik was appointed president of the FPB. The CDTU and its structural units were notified of the intention to increase the rent twentyfold, thus freezing them out of the premises. The goal according to the CDTU was obviously to create problems with the legal address and potentially render the organization illegitimate.
5. 131. The CDTU raised this matter, and the issue of the Presidential Decree of November 2002, which grants the FPB only the right to use the official name of the State in its title, with the Prosecutor-General to no avail. The CDTU thus queries why the other trade unions are discriminated against and argues that such acts demonstrate that the FPB is a state institution.
6. 132. Further proof is that the FPB held negotiations and signed the General Tripartite Agreement with the Government and the Confederation of Manufacturers and Entrepreneurs of Belarus on behalf of the republican trade union associations, behind the back of the CDTU. According to the CDTU, this and other acts of favouritism demonstrate that the FPB cannot, in the present circumstances, act independently.
7. 133. In a communication dated 6 February 2003, the Belarusian Trade Union of Air Traffic Controllers (BPAD), a new complainant in this case, alleges that, in 2002, a governmental body – the National Committee for Aviation – and the employer (the Belaeronavigatsiya Republican Unitary Enterprise) started violating international law and national legislation in respect of the BPAD. When trade union members undergo the rating procedure (increase of professional level) the officials of the National Committee ask whether the candidate is a member of the BPAD and criticize the activity of the union. According to the BPAD, this is a violation of the right to freedom of association and an attempt to interfere with trade union activity.
8. 134. Furthermore, in October 2002, a representative of the National Committee for Aviation suggested that the leadership of the BPAD consider integrating into the existing trade union of aviation workers (affiliated to the FPB) which would have implied liquidation of the BPAD. The BPAD made numerous attempts to integrate into the trade union of aviation workers, while nevertheless preserving their legal status, but these attempts failed. The trade union members then decided to join the CDTU. After that, the employer, being subordinate to the National Committee for Aviation, made several attempts aimed at liquidating the union. In a number of subdivisions of the enterprise, meetings were held where the heads of these subdivisions convinced the workers that it was impractical to be a member of the BPAD. Moreover, the applications for leaving the union were often written and signed by some workers in the office of the head of the corresponding subdivision.
9. 135. Furthermore, for three months the employer did not observe the legislation and the general agreement about transferring trade union dues to the account of the trade union organization, thus seriously impeding financial activities of the union. Other violations of trade union rights on the part of the employer concerned the official prohibition to distribute trade union information at the workplace without prior permission being obtained directly from the employer or his deputy and the repeated refusal to provide premises for holding meetings.
10. 136. All these actions of the employer were taken after the suggestion of the National Committee aimed at liquidating the BPAD, whereas before that the relations between the employer and the trade union were generally within the legal framework. Moreover, at the end of 2002, the National Committee for Aviation applied to the Ministry of Justice with a request to verify whether the BPAD was correctly registered, while the BPAD had been re?registered in 1999 according to Presidential Decree No. 2 and had faced no complaints in this respect. While the Ministry of Justice confirmed that the re-registration was legal, the Prosecutor-General commissioned the Transportation Prosecutor’s office to investigate the legality of the union’s registration and its activity and the union leader was requested to submit the list of its members.
11. 137. Finally, in June 2002, the administration of the Centre for Flight Coordination dismissed three trade union members who had formed a primary organization of the BPAD as soon as their contracts expired. These dismissals were obviously connected with their refusal to leave the BPAD upon the administration’s demand. All three were dismissed without the legally required three months’ severance pay.
12. 138. In its communication dated 19 February 2003, the International Confederation of Free Trade Unions (ICFTU) states that the trade union rights situation in Belarus has not improved during the last months. While the Government and the president of the FPB have expressed an alleged desire to improve their relations with the ILO, no concrete steps have been taken by the Government to implement the Committee’s recommendations.
13. 139. The ICFTU has already denounced, in a previous communication sent to the Committee, the taking over by the public authorities – the Government and presidential administration – of the FPB. This has been highlighted, during the last months, by different measures taken by the Government, which clearly aim at favouring this organization, in a way which is often detrimental to the other trade union organizations. The best example is the recognition of the FPB among a list of organizations entitled to set up an “innovation fund”, which will give it the right to benefit from a central budget, itself fuelled by 0.25 per cent of the costs of goods (work and service) sold by legal entities and business companies. This system of “innovation funds” was set up in 2002, with a list of beneficiaries including different public organizations. In 2003, the FPB was included in this list for the first time and is the only trade union organization which will benefit from this funding. The CDTU protested against this direct support by public funding for the FPB and against the discrimination it clearly established against their own organization.
14. 140. The president of the FPB has, moreover, called for the “unification” of the Belarus trade union movement. This call has been associated with direct pressures, leading the ICFTU to think that the main purpose is in fact the suppression of all independent trade union organizations in Belarus. The following facts (set out in detail in the above allegations) were put forward in support of this view: the increase of rent of union office space and related pressure; the exclusion of the CDTU in the national tripartite negotiations; the anti?union discrimination and interference in respect of the BPAD; and the continuing anti?union discrimination of Mr. Evmenov.
15. 141. The ICFTU also attaches to its communication a complaint made by the Minsk Regional Trade Union Organization of Employees in the Cultural Sphere (MRTUECS) and formally endorses this complaint. This complaint concerns the persistent attempts by the state authorities, supported by the leaders of the FPB, to destroy the MRTUECS. They refer to the illegal creation outside the FPB structure of a “trade union of employees of the sphere of culture and sport of the city of Minsk”. The complainants state that the goal of this act was to take the professional organizations of federal and municipal subordination of Minsk out from under the control of the regional trade union organization and consequently to weaken its operation. The allegedly puppet organization began to fall apart in the fall of 2002 and certain primary trade union organizations came back to the regional structure; yet the local authorities persecuted the activists of this organization and transferred three members giving them discriminatory contracts.
16. 142. In October 2002, the Steering Committee of the Ministry of Culture and of the Minsk Municipal Executive Committee issued Decision No. 10/1497 which refers to the “orders of the President of Belarus at the IVth Special Assembly of the FPB on 19 September 2002” and requires that the FPB create the united Minsk municipal trade union organization of the employees of the cultural sphere. The decision further reads that the first deputy Minister of Culture and the deputy chair of the Minsk Municipal Executive Committee are made responsible for its implementation. This decision was fully supported by the president of the FPB in a letter dated 9 December 2002 and attempts have been made to dismiss the chairperson of the MRTUECS.
17. 143. On 24 December 2002, the IIIrd plenary session of the MRTUECS confirmed the consolidation of its ranks and criticized the interference by the state authorities and the FPB leadership in its internal affairs (a copy of the corresponding resolution was attached to the complaint). Further attempts are being made by the state and local authorities and the FPB to create an artificial organization to interfere with the MRTUECS, contrary to the principles of democracy, transparency and the relevant union by-laws.
18. 144. In its communication dated 2 May 2003, the Radio and Electronic Workers’ Union (REWU) transmitted additional allegations concerning new violations of trade union rights since the Committee’s previous examination of the case. In particular, the REWU alleges that the President of the Federation of Trade Unions of Belarus (FPB) has made attempts, both in December 2002 and March 2003, to remove the president of REWU from office. These attempts were further aggravated by support from the Deputy Minister of Industry and were allegedly instigated in a report from the President of the Republic of Belarus. Similar difficulties were made for the President of the Belarusian Automobile and Agricultural Machinery Workers’ Union (AAMWU). REWU concludes that the authorities have decided once again to attempt to eliminate the independent trade union movement in Belarus.

C. The Government’s further reply

1. 145. In its communication dated 21 March 2003, the Government states that it has carefully studied the facts relating to the election of the president of the Federation of Trade Unions of Belarus (FPB) and has concluded that the election took place in full accordance with the legislation of the Republic of Belarus and the FPB by-laws.
2. 146. The Government recalls that the VIth plenary session of the FPB Council took place on 16 July 2002 in Minsk and was attended by 226 of the 252 members of the Council. The election of the President of the FPB and the fixing of the date for the extraordinary IVth FPB general conference were the main matters that arose during the plenary session.
3. 147. At his own request the president of the FPB, Mr. Vitko, was released from his duties before the end of his term by a resolution of the VIth plenary session of the FPB Council. Of the FPB Council, 215 members voted in favour of the resolution for Mr. Vitko’s release: five against, with six abstentions (in accordance with paragraph 5.11 of the FPB by-laws in force, “a resolution of the FPB Council shall be deemed to have been adopted if more than half the members of the FPB Council present at the meeting have voted in favour of it”).
4. 148. Before the plenary session of the FPB Council, the candidature of Mr. Kozik for the post of the president of the FPB was proposed by a number of trade union organizations of the Republic. The issue of possible candidature for the post of president of the FPB was also considered beforehand by the Presidium of the FPB Council on 12 July 2002, which recommended by an absolute majority of votes to elect Mr. Kozik, a member of the FPB Council from Minsk, to be president of the FPB. On behalf of the Presidium of the FPB Council, the candidature was submitted for consideration by the plenary session of the FPB Council. Those attending the plenary session submitted no other candidature for the post of president of the FPB.
5. 149. The candidature of Mr. Kozik was supported by the former president of the FPB, Mr. Vitko, the deputy president of the FPB, the director of the FPB’s “International Institute of Labour and Social Relations” and three FPB council members. His candidature was opposed by the president of the Council of the Belarusian Automobile and Agricultural Machinery Worker’s Union, Mr. Bukhvostov, and the president of the Republican Council of the Belarusian Radio and Electronic Worker’s Union, Mr. Fedynich.
6. 150. In accordance with paragraph 5.7.6 of the FPB by-laws (“in cases where a president of the FPB leaves office before the end of his or her term or changes jobs, the FPB Council shall elect a new president”), Mr. Kozik was elected president at the VIth plenary session of the FPB Council – 208 people voted in favour of his election: ten against, with eight abstentions. Following Mr. Kozik’s election as president of the FPB, he was released from his duties as Deputy Head of the Office of the President of the Republic of Belarus by Presidential Decree No. 392 of 17 June 2002. He was also released from other duties entrusted to him by the Head of State.
7. 151. Then, the extraordinary IVth FPB general conference, which took place from 18 to 19 September 2002, discussed the election of the president of the FPB and elected Mr. Kozik as president of the FPB and also elected new officers of the FPB Council and its Presidium.
8. 152. The Government thus notes that the FPB Council elected Mr. Kozik as its president in accordance with its by-laws and, two months later, the extraordinary FPB general conference, whose delegates had been elected under the previous administration of the Federation, confirmed the election. The Government also transmits information sent to it by the FPB about its work to defend the rights and interests of workers.
   • FPB information, transmitted by the Government, on its work to defend the rights and interests of workers
9. 153. The FPB recalls in a voluminous attachment to the Government’s reply the numerous areas in which it has worked in defence of workers’ rights and interests, including: the restoration of the check-off procedure for transfer of trade union dues, finalized on 27 January 2003 by Presidential Decree No. 41; the close monitoring of the legislative activities of state authorities at all levels in order to have the opportunity to express opinions in relation to decisions affecting workers’ interests; inclusion of facilities for workers’ organizations in the general agreement; the active monitoring of compliance with labour legislation; provision of legal advisory services; advocating the elimination of wage discrepancies and the increase of minimum wage guarantees; opposing the use of a single standard based on a percentage of production sales for wage funds and the introduction of an hourly wage rate for certain workers; and active involvement in issues relating to privatization, labour and social interests and injury compensation.
10. 154. According to the FPB, the positive results of its work are evident in the increase in people’s trust in trade unions and are also demonstrated by the number of representations made to the FPB by citizens (37,328 citizens’ representations were received by the president of the FPB, including 19,175 at enterprises, organizations and establishments).

D. Further information transmitted by the Federation of Trade Unions of Belarus (FPB)

1. 155. In a communication dated 10 March 2003, the FPB raised a number of issues relating to this case, in particular as concerns the problems affecting the trade union movement in Belarus. The FPB especially refers to alleged attempts by the International Confederation of Free Trade Unions (ICFTU) to split the trade union movement and isolate the Federation, preventing it from developing contacts with foreign unions. The FPB refers to the Committee’s recommendation for an independent inquiry into government interference in union elections, but raises instead the fact that the ICFTU has, in its opinion, unilaterally drawn conclusions about the election process. The FPB finds this particularly unacceptable in light of the representative nature of its organization, in contrast with the Congress of Democratic Trade Unions, which has only 4,000 members and is, according to the FPB, mainly a political organization.

E. The Committee’s conclusions

1. 156. The Committee notes that the pending and new allegations in this case concern: serious interference by government authorities with trade union activities and elections, in particular as concerns the presidency of the Federation of Trade Unions of Belarus (FPB) and subsequent favouritism towards the FPB; interference in the internal affairs of the Belarusian Trade Union of Air Traffic Controllers (BPAD) and of the Minsk Regional Trade Union Organization of Employees of the Cultural Sphere (MRTUECS) and serious anti-union discrimination as concerns their members, dismissals of Mr. Evgenov, Mr. Evmenov and Mr. Bourgov and threats of dismissal against members of the GPO “Khimvolokno” and “Zenith” Free Trade Unions; refusal to employ the re-elected chairperson of the Free Trade Union of Metalworkers at the Minsk Automobile Plant, Mr. Marinich; non-registration of the BFTU trade union at the Khimvolokno State Production Amalgamation; interference in internal trade union activities by virtue of Presidential Decrees Nos. 8 and 11.
2. 157. In the first instance, the Committee must once again observe with deep regret that the latest reply from the Government limits itself to reiterating the technical details of the resignation of Mr. Vitko, former president of the Federation of Trade Unions of Belarus (FPB), and the statutory election of Mr. Kozik, without addressing any of the issues raised in the allegations concerning the circumstances of this election and the impact of government interference in this process, nor has it indicated the steps taken to institute an independent investigation into this matter with the aim of rectifying any effects of government interference, as recommended by the Committee [see 329th Report, paras. 269-275].
3. 158. As for the information provided by the FPB, the Committee first notes that the communication transmitted by the Government focuses on the various activities undertaken by the FPB in the defence of workers’ interests. The Committee considers it important in this respect to recall that it has never called into question the trade union status of the FPB. It is rather the question of the true independence of this organization, within the context of government interference in the elections of 2002 and the declarations made by the President of the Republic at the general conference, which is at the heart of the concerns raised by the Committee. The Committee further notes in this respect that the FPB declaration refers more generally to citizens’ representations and not to workers. The additional allegations made by the complainants in February 2003, and as yet unanswered by the Government, concerning government favouritism towards the FPB and continuing acts of anti-union discrimination and government interference only reinforce these concerns.
4. 159. The other FPB communication dated 10 March 2003 raises issues in respect of one of the complainants in this case, the International Confederation of Free Trade Unions (ICFTU). The Committee would point out that the allegations presented in this case concerning government interference in the FPB elections were not only made by the ICFTU, but also by the other complainants, including regional organizations within the FPB structure. These complaints were made not against the trade union structure itself, but rather against the Government on the basis that its interference in this regard violated workers’ rights to freedom of association and endangered the independence of the trade union movement. The direct accusations by the FPB against the ICFTU have no place before the Committee, whose task in this case is to determine whether the national legislation and practice complies with the provisions of Conventions Nos. 87 and 98 ratified by Belarus.
5. 160. In the light of all of the above considerations, the Committee deplores the persistent failure of the Government to implement the Committee’s recommendations and once again urges the Government to take the necessary steps as a matter of urgency to establish an independent investigation, having the confidence of all parties concerned, into the allegations of interference surrounding the elections of the Federation of Trade Unions of Belarus (FPB), as well as the elections of the Agricultural Sector Workers’ Union (ASWU), the Brest Regional Association of Trade Unions and the Brest Regional Committee of Science and Education Unions, with the aim of rectifying any effects of this interference. The Committee strongly requests the Government to keep it informed of the results of these investigations.
6. 161. The Committee further regrets that the Government has not replied to any of the allegations set forth in the complainants’ communications of February 2003 and which concern important acts of interference in the functioning and activities of a number of trade union organizations, as well as acts of anti-union discrimination at the workplace. In particular, the Committee notes with deep concern the allegations of a decision issued by the Ministry of Culture referring to the “orders” of the President of Belarus at the FPB special assembly implying the creation of a united Minsk municipal trade union organization of the employees of the cultural sphere. In this respect, the Committee must recall its previous conclusions in this case that certain declarations in the speech of the President of Belarus to the FPB Congress in September 2002 represented a clear attempt to transform the trade union movement into an instrument for the pursuance of political aims [see 329th Report, para. 275]. It would appear by the issuance of the abovementioned decision by the Ministry of Culture that, regrettably, the Government has not heeded the Committee’s call to refrain from any further such attempts so that the trade union movement might act in full freedom and independence [see 329th Report, para. 281(d)].
7. 162. In light of the above, the Committee urges the Government to institute independent investigations into the claims that state and local authorities have acted in such a way as to promote the dissolution of both the MRTUECS and the BPAD and into the allegations of anti-union discrimination in respect of some members of these organizations and, if the allegations are proven to be true, to take all necessary measures to ensure that these organizations are protected from such interference in the future and that any acts of anti-union discrimination are redressed. The Committee requests the Government to reply in detail to these allegations and to keep it informed of the outcome of these investigations.
8. 163. The Committee further notes with regret the very serious allegations of interference in trade union internal affairs made by the Radio and Electronic Workers’ Union (REWU) in its communication of 2 May 2003 and requests the Government to reply as a matter of urgency to the matters raised therein.
9. 164. As concerns the allegations of continuing favouritism in respect of the FPB in communications from several of the complainants in February 2003, the Committee recalls that, by according favourable or unfavourable treatment to a given organization as compared with others, a government may be able to influence the choice of workers as to the organization which they intend to join. In addition, a government which deliberately acts in this manner violates the principle laid down in Convention No. 87 that the public authorities shall refrain from any interference which would restrict the rights provided for in the Convention or impede their lawful exercise [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, para. 304]. The Committee requests the Government to reply in detail to these outstanding allegations so that it may examine these important questions in full knowledge of all the facts.
10. 165. The Committee further regrets that the Government has not provided any information in respect of its previous request on the extent to which alternative organizations representing workers, such as those present in the complaint, participate in the various national tripartite bodies, nor has it replied to the allegation made by the Congress of Democratic Trade Unions (CDTU) that the FPB signed the general agreement in the fall of 2002 behind its back. The Committee would recall in this regard the importance, for the preservation of a country’s social harmony, of regular consultations with employers’ and workers’ representatives and that such consultations should involve the whole trade union movement, irrespective of the philosophical or political beliefs of its leaders [see Digest, op. cit., para. 924]. The Committee therefore urges the Government to make all efforts to ensure that the representative workers’ organizations concerned may effectively participate in the various bodies established in the country for the promotion of social dialogue.
11. 166. As concerns the dismissal of three trade union leaders for refusal to work on their day off (unpaid voluntary labour, known as “subbotnik”), the Committee notes with regret that the Government has not indicated the measures taken to ensure their reinstatement, nor has it replied to the new allegations concerning the continued harassment of Mr. Evmenov in respect of his employment opportunities. The Committee urges the Government to take the necessary measures to ensure that Mr. Evgenov, Mr. Evmenov and Mr. Bourgov are reinstated in their posts with full compensation for any lost wages and benefits and requests the Government to provide the additional information requested so as to enable the Committee to examine the case in full knowledge of the facts. The Committee wishes to emphasize in this respect that repeated failure to provide the information requested by the Committee constitutes a serious obstacle to its work.
12. 167. Finally, the Committee notes with regret that the Government has not provided any additional information in respect of its outstanding recommendations concerning: the establishment of the regional trade union for workers at the “Integral” Research and Production Association and the disaffiliation of the primary trade union organization at the “Tsvetotron” plant in Brest from the branch union representing workers in the radio-electronics industry; the alleged refusal to employ the re-elected chairperson of the Free Trade Union of Metalworkers at the Minsk Automobile Plant, Mr. Marinich; the registration of the Belarusian Free Trade Union at the Khimvolokno State Production Amalgamation; and the need to amend Presidential Decree No. 8 so that workers’ and employers’ organizations may benefit freely, and without previous authorization, from the assistance which might be provided by international organizations for activities compatible with freedom of association, and Presidential Decree No. 11 so as to ensure that restrictions on pickets are limited to cases where the action ceases to be peaceful or results in a serious disturbance of public order and so that any sanctions imposed will be proportionate to the violation incurred. The Committee urges the Government to take the necessary measures to implement these recommendations as a matter of urgency and to provide the additional information requested so as to enable the Committee to examine the case in full knowledge of the facts. The Committee wishes to emphasize in this respect that repeated failure to provide the information requested by the Committee constitutes a serious obstacle to its work.

The Committee's recommendations

1. 168. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee once again urges the Government to establish independent investigations, having the confidence of all parties concerned, into the allegations of government interference in the elections of the Federation of Trade Unions of Belarus (FPB), the Agricultural Sector Workers’ Union (ASWU), the Brest Regional Association of Trade Unions and the Brest Regional Committee of Science and Education Unions, with the aim of rectifying any effects of this interference. The Committee strongly requests the Government to keep it informed of the results of these investigations.
   • (b) The Committee urges the Government to institute independent investigations into the claims that state and local authorities have acted in such a way as to promote the dissolution of the Belarusian Trade Union of Air Traffic Controllers (BPAD) and the Minsk Regional Trade Union Organization of Employees in the Cultural Sphere (MRTUECS) and into the allegations of anti-union discrimination in respect of some members of these organizations and, if the allegations are proven to be true to take all necessary measures to ensure that these organizations are protected from such interference in the future and that any acts of anti-union discrimination are redressed. The Committee requests the Government to reply in detail to these allegations and to keep it informed of the outcome of these investigations.
   • (c) Noting with regret the very serious allegations of interference in trade union internal affairs made by the Radio and Electronic Workers’ Union (REWU) in its communication of 2 May 2003, the Committee requests the Government to reply as a matter of urgency to the matter raised therein. The Committee further requests the Government to reply in detail to the allegations made in the complainants’ communications of February 2003 concerning various acts of favouritism towards the FPB.
   • (d) The Committee urges the Government to make all efforts to ensure that the representative workers’ organizations concerned may effectively participate in the various bodies established in the country for the promotion of social dialogue.
   • (e) Deploring the fact that the Government has taken no steps to implement its previous recommendations, the Committee once again urges it to:
   • (i) take the necessary measures to ensure that Mr. Evgenov, Mr. Evmenov and Mr. Bourgov are reinstated in their posts with full compensation for any lost wages and benefits;
   • (ii) institute independent investigations into the allegations of anti-union tactics made in respect of the GPO “Khimvolokno” Free Trade Union and the Free Trade Union at the “Zenith” plant;
   • (iii) institute an independent investigation into the allegations of managerial pressure for the establishment of a regional trade union of electronics industry workers and for the affiliation of the Tsvetotron plant to the new regional union;
   • (iv) take the necessary steps for the registration of the Belarusian Free Trade Union at the Khimvolokno State Production Amalgamation and eliminate any remaining obstacles to trade union registration noted in its previous report;
   • (v) amend Presidential Decree No. 8 so that workers’ and employers’ organizations may benefit freely, and without previous authorization, from the assistance which might be provided by international organizations for activities compatible with freedom of association, and Presidential Decree No. 11 so as to ensure that restrictions on picketing and other demonstrations called by workers’ or employers’ organizations are limited to cases where the action ceases to be peaceful or results in a serious disturbance of public order and so that any sanctions imposed will be proportionate to the violation incurred;
   • (vi) provide information on the alleged refusal to employ the re-elected chairperson of the Free Trade Union of Metalworkers at the Minsk Automobile Plant, Mr. Marinich.
     • The Government is requested to provide all necessary information in respect of all the above matters so that the Committee may examine this case in full knowledge of the facts.