Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Bélarus (Ratification: 1956)

The Committee notes the statement made by the Government representative to the Conference Committee on the Application of Standards in June 1997, and the discussion which took place therein. It further notes with interest that an ILO advisory mission took place in October 1997. The Committee also takes note of the conclusions of the Committee on Freedom of Association in Case No. 1885 (see 306th Report of the Committee on Freedom of Association approved by the Governing Body at its 268th Session (March 1997)) and the follow-up examination of Case No. 1849 (308th Report, approved by the Governing Body at its 270th Session in November 1997).

Article 3 of the Convention. In its previous comments the Committee urged the Government to amend Order No. 158 of 28 March 1995 which establishes a list of essential services in which strikes are prohibited, in order to ensure that workers' organizations in the transport sector unequivocally enjoy the right to strike for the defence of their economic, social and occupational interests. In this regard, the Committee notes with interest that, subsequent to the ILO mission, a draft Act to amend and supplement the Act respecting the procedure for the settlement of collective labour disputes has been prepared. The Committee is addressing a request directly to the Government concerning these draft amendments, as well as the draft Labour Code.

The Committee trusts that the proposed amendments to the Act on the settlement of labour disputes will be adopted in the near future and that it will ensure full conformity with the Convention. It requests the Government to indicate, in its next report, the progress made in this regard.

Article 4. In its previous comments the Committee noted the suspension by administrative decision (Presidential Decree No. 336) of the Free Trade Unions of Belarus following a strike in the transport sector. The Committee notes with regret that, despite a Constitutional Court judgement which concluded that the pertinent sections of Decree No. 336 were unconstitutional, a subsequent Presidential Order (No. 259 of 29 December 1995) was issued ordering the implementation of this decree. The Committee must once again stress that, under Article 4 of the Convention, workers' and employers' organizations shall not be liable to dissolution or suspension by administrative authority. It therefore expresses the firm hope that the necessary measures will be taken to abrogate Decree No. 336 so as to enable the Free Trade Unions of Belarus to carry out their trade union activities once again.