Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Belarus (Ratification: 1956)

The Committee notes the information contained in the Government’s report, 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 (345th Report, approved by the Governing Body at its 298th Session) and the discussion that took place in the Conference Committee on the Application of Standards in June 2007. The Committee also takes note of the report of the mission carried out in Belarus in June 2007, in response to the requests made by the Conference Committee on the Application of Standards in 2007. The Committee further notes the comments made by the International Trade Union Confederation (ITUC) on the application of the Convention in law and in practice. Finally, the Committee notes from the Government’s report that consultations relating to the recommendations of the Commission of Inquiry were held in Geneva in February and May 2007 between the Government’s representatives and the Office.

Articles 1, 2 and 3 of the Convention. In its previous comments, the Committee requested the Government to indicate the measures taken to review and redress all complaints of anti-union discrimination that had been raised in the complaint filed under article 26 of the ILO Constitution or had come to light in the examination of the follow-up given by the Government to the recommendations of the Commission of Inquiry. It further urged the Government rapidly to adopt new, improved mechanisms and procedures to ensure effective protection against all types of anti-union discrimination and to indicate the progress made in this regard.

The Committee notes with interest the Government’s indication that Mr Dolbik, whose contract had not been renewed following his contacts with the Commission of Inquiry, was hired in his position of air traffic controller by the “Belaeronovigatsia” and that a three-year contract was concluded with him. The Committee nevertheless regrets that no information was provided in respect of the other persons and therefore once again reiterates its previous request to redress their situations and to provide information as to their current contractual status.

The Committee notes that the Government once again indicates that the current legal framework provides for adequate measures to protect citizens from acts of anti-union discrimination. The Government once again refers to the tripartite General Agreement for 2006–08 wherein it was recommended that collective agreements include provisions setting out additional guarantees for workers elected to trade union bodies. The Government further indicates that the draft Law on trade unions maintains the rights of trade union members established in the current Law on trade unions. In addition, the new Law would include a provision establishing disciplinary, administrative, criminal and other liability for violations of the rights of trade unions and their associations.

The Committee further notes the Government’s indication that the Council for the Improvement of Legislation in Social/Labour Spheres (Council of Experts), which includes the representatives of the Federation of Trade Unions of Belarus (FPB) and the Congress of Democratic Trade Unions (CDTU), was assigned a role of an independent body, having the confidence of the parties concerned, to consider complaints of interference in trade union affairs, as well as the cases of workers who believe they have been subjected to anti-union discrimination (without duplicating the work of existing judicial procedures or of the prosecution services and other state supervisory bodies). The Government indicates that, at a meeting held on 25 January 2007, the Council examined a complaint brought by the Belarusian Independent Trade Union (BITU) on the situation at the “Grodno Azot” and the “Belshina” enterprises and adopted unanimous conclusions. As a result, on 2 February 2007, the dispute concerning the accession of the BITU primary organization to the collective agreement at “Grodno Azot” was settled.

While noting this information, the Committee recalls that, in its previous observation, it noted the case of the Belarusian Free Trade Union (BFTU) in which enterprise management received warnings following violations of the BFTU’s rights, and requested the Government to confirm whether, following the warning, the BFTU officials have actually been allowed access to the premises of the enterprise concerned. The Committee regrets that the Government provides no information in this respect. The Committee further notes with regret from the 345th Report of the Committee on Freedom of Association new allegations of interference in trade union internal affairs, anti-union pressure and anti-union discrimination at the Mogilev Plant of Artificial Fiber (“Mogilev ZIV”) and “Avtopark No. 1”. In respect of the latter enterprise, the Committee notes with concern that, according to the allegations, the Prosecutor’s Office refused to investigate a complaint alleging the use of anti-union tactics by the management and that, instead of conducting proper inquiries into the matter, the Prosecutor applied to the Ministry of Justice for an opinion as to whether it was legal for workers of “Avtopark No. 1” to belong to the Radio and Electronic Workers’ Union (REWU). The Committee requests the Government to ensure an independent investigation into the alleged instances of interference and anti-union discrimination at the “Mogilev ZIV” and “Avtopark No. 1” and to ensure that the rights of any workers who suffered anti-union discrimination in these enterprises are fully redressed. It also asks the Government to provide previously requested information with regard to the BFTU and the outcome of the discussion at the level of the Council for the Improvement of Legislation in Social/Labour Spheres of the case concerning the “Belshina” enterprise.

Finally, the Committee notes with interest that, upon an invitation of the Government, a high-level Office mission went to Minsk to attend a seminar entitled “The issues of trade unions’ protection in the activity of Belarusian courts and prosecutor’s authorities of the Republic of Belarus” during which the conclusions and recommendations of the Commission of Inquiry were disseminated and discussed. The Committee further notes the Government’s statement that, in January 2007, the National Council for Social and Labour Issues (NCSLI) discussed the issue of collaboration between employers and unions at the enterprise level and drew the attention of representatives of employers’ and workers’ organizations to the importance of strict observance of the principle of social partnership and to the inadmissibility of interference by employers in the internal affairs of trade unions. While noting the Government’s information on the measures taken to implement the relevant recommendations of the Commission of Inquiry (seminar for judges and prosecutors, the use of the Council for the Improvement of Legislation in the Social/Labour Spheres to review complaints concerning specific enterprises and the discussion at the level of the NCSLI), in view of the recent allegations submitted to the Committee on Freedom of Association, as examined in its 345th Report, the Committee considers that the measures taken so far by the Government are insufficient. The Committee also regrets that the Government has not been able to provide any statistics relating to the cases of complaint of anti-union discrimination and the decisions rendered. In these circumstances, the Committee once again urges the Government to pursue vigorously, on the one hand, the instructions to be given to enterprises in a more systematic and accelerated manner so as to ensure that enterprise managers do not interfere in the internal affairs of trade unions and, on the other, instructions to the Prosecutor-General, Minister of Justice and court administrators that all complaints of interference and anti-union discrimination are thoroughly investigated.