Individual Case (CAS) - Discussion: 2008, Publication: 97th ILC session (2008)

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

The Government communicated the following written information concerning measures taken to fulfil the recommendations of the Commission of Inquiry.

Since 2005, when the Government made a plan to fulfil the recommendations of the Commission of Inquiry, a number of concrete steps were taken, which had led to full implementation or significant progress in the implementation of its recommendations. These steps include in particular:

- abolition of the Republican Registration Commission and transfer of responsibility for registration of trade unions to the Ministry of Justice;

- registration of four primary-level trade unions of the Radio and Electronic Workers' Union in Minsk, Brest, Borisov and Grodno (there were no cases of dissolution of trade unions since the establishment of the Commission of Inquiry);

- admission to membership of the National Council on Labour and Social Issues of the representative of the second largest trade union - the Congress of the Democratic Trade Unions (CDTU);

- publication of the recommendations of the Commis- sion of Inquiry in the major periodical in the country;

- reappointment to his post of the air traffic controller, Oleg Dolbic;

- issuance by the Ministry of Labour and Social Pro- tection of a circular letter to enterprises concerning prohibition of interference by employers in trade un- ion affairs and continuation of this work in the Na- tional Council on Labour and Social Issues;

- creation of the expert Council for the Improvement of the Legislation in the Social and Labour Sphere trusted by all social partners;

- organization in January 2007, jointly with the ILO, of a seminar for judges and prosecutors on compli- ance with the recommendations of the Commission of Inquiry;

- agreement with the ILO on organizing a joint semi- nar on protection of workers against discrimination on the grounds of trade union membership on 18 June 2008 in Minsk.

Cooperation of the Government of Belarus with the ILO and the social partners in the preparation of the new law on trade unions

The Government informed the ILO that improvement of the national legislation concerning establishment and registration of trade unions would be realized through amendments to the law on trade unions, which was thoroughly reviewed in order to reflect the new conditions and to create the legal basis for more active development of the trade union pluralism in the country. This process was carried out in close consultations with the ILO, which took place 19-20 October 2006 (Geneva), 15-17 January 2007 (Minsk), 8-9 and 14-15 February 2007 (Geneva), 14-15 May 2007 (Geneva), 20-23 June 2007 (Minsk). Consultations with the social partners were carried out within the expert Council for the Improvement of the Legislation in the Social and Labour Sphere which includes representatives of all major participants in the social dialogue at the national level: the Government, the Federation of Trade Unions of Belarus, the CDTU, the Republican Association of Industrial Enterprises, the Business Union of Entrepreneurs and Employers. Four meetings of the Council took place in 2007 to discuss the draft law.

Major improvements in the draft law on trade unions

The conditions for the establishment of a trade union were substantially simplified. Trade unions could be created at any enterprise by only three persons who, instead of a legal address, would have to indicate the address for correspondence. Thus, the draft solved two principal problems raised by the Commission of Inquiry: that of the legal address and the minimum membership requirement of 10 per cent of employees for the creation of a trade union. Furthermore, the draft simplified conditions for the creation of trade unions regrouping workers from different enterprises: such trade unions could be established with a minimum of 30 members, which is in line with the conclusions of the ILO supervisory bodies. Trade unions were freed from the payment of state duty for their registration.

The main divergences concerned the provisions of the draft law dealing with the representative capacity of trade unions, which the Government tried to bring into conformity with ILO standards. The number of members was set as the basic criteria determining the representative capacity of a trade union. All trade unions, irrespective of the representative capacity, received rights and guarantees necessary to ensure their normal activities for protecting the interests of workers. All trade unions have the right to independently adopt their statutes; elect and manage their bodies; collect contributions; establish and join trade union federations; receive and disseminate information relating to their statutory activities; take part in discussing labour contracts concluded between employer and worker; protect labour rights of their members and represent them in court; organize strikes and mass actions. Additional rights given to the representative trade unions were quite limited and included the right to negotiate collective agreements; to participate in defining state policy; and to exercise public supervision of compliance with labour legislation.

Continuation of the social dialogue to reach agreement by all interested parties

The new version of the draft law on trade unions was ready by autumn 2007 and should have been submitted by the Government to Parliament. The majority of the interested parties taking part in the social dialogue supported the draft, but the CDTU opposed its principal provisions. ILO also made a number of comments during the consultations in Geneva in May 2007 and in Minsk in June 2007, recommending the Government not to submit the draft law to Parliament largely because it was not supported by one of the participants of the social dialogue, namely the CDTU. Following this recommendation, the submission of the draft law to Parliament was suspended. The Government informed the social partners about the continuation of the work on the draft law at the meeting of the National Council on Labour and Social Issues on 1 November 2007. The November session of the Governing Body welcomed the decision of the Government to reach agreement of all interested parties. The Committee of Experts also positively appraised the Government's action by enlisting Belarus among cases of interest concerning the application of Conventions Nos 87 and 98 (Report III, Part IA, page 18).

In March 2008, the Governing Body pointed out, among other things, the need to take tripartite action to be reported to the Conference. Implementing this decision, the Government pursued consultations with the social partners with the aim to reach consensus on the principal improvements of the draft legislation. It was not an easy task as such agreement was not obtained in 2007 and the parties had different views on concrete provisions of the future law on trade unions. To resolve the situation, the Government suggested an entirely new approach where the key role was assigned to the expert Council for the Improvement of the Legislation in the Social and Labour Sphere. At the meetings of the expert Council in April 2008, instead of discussing concrete provisions of the draft law which were in dispute, the members concentrated on elaborating the basic position, which reflected the view of all represented parties and provided a starting point for future work. This position consisted in acceptance by all participants of the social dialogue of the principle that future work on improvement of the national legislation should be based on the provisions of ILO Conventions Nos 87 and 98. Furthermore, the expert Council has unanimously decided to put this question for the consideration of the main body of the social dialogue in Belarus - the National Council on Labour and Social Issues. At its meeting on 16 April 2008, the National Council fully supported the position worked out by the expert Council and endorsed the principle of full compliance with ILO Conventions Nos 87 and 98 as the basis for the future work on the new legislation on trade unions.

The decision of the National Council has created a new situation in principle: for the first time since the establishment of the Commission of Inquiry the Government and all social partners have managed to work out a common position on one of the most important questions. Such common position on the basic principle reflected in the decision of the National Council of 16 April 2008 would help the Government and the social partners to progressively align the points of view of all participants of the social dialogue on the concrete provisions of the new legislation.

In addition, before the Committee a Government representative of Belarus said that, under the plan to implement the recommendations of the Commission of Inquiry, as prepared in 2005, a number of specific measures had been taken by the Government, leading to full implementation of some recommendations and significant progress in the implementation of others. These measures included in particular: the abolition of the Republican Registration Commission and the transfer of responsibility for the registration of trade unions to the Ministry of Justice; the representative of the Congress of Democratic Trade Unions' (CDTU) admission to membership of the National Council on Labour and Social Issues (NCLSI); the publication of the recommendations of the Commission of Inquiry in the major periodical in the country; Oleg Dolbik's reappointment to the post of air traffic controller; the issuance by the Ministry of Labour and Social Protection of a circular letter to enterprises concerning the prohibition of interference by employers in trade union affairs and a follow-up in the NCLSI; the creation of the Expert Council for the Improvement of Legislation in the Social and Labour Sphere, which had the confidence of all social partners; the organization in January 2007, jointly with the ILO, of a seminar for judges and prosecutors on compliance with the recommendations of the Commission of Inquiry; and the agreement with the ILO to organize a joint seminar in Minsk on protection of workers against discrimination on the grounds of trade union membership on 18 June 2008.

Guided by the ILO Conference and the Governing Body, steps had been taken to develop social dialogue and establish constructive relations between the social partners. The situation was already significantly more stable. The previous antagonism between the Federation of Trade Unions of Belarus (FPB) and the CDTU had given way to dialogue, and it was hoped that they would work together on the new draft of the General Agreement for 2009-10. The NCLSI and the Expert Council for the Improvement of Legislation in the Social and Labour Sphere had played a positive role in this process, and both the FPB and the CDTU participated in their meetings on a permanent basis. Employers' organizations played an ever more active role, as they currently chaired the NCLSI. All interested parties had found their place in the social dialogue process, and Belarus now had pluralistic workers' and employers' organizations.

One of the main challenges in the near future would be to draft new legislation on trade unions. In order to improve the legislation on the formation and registration of trade unions, the current law on trade unions would be amended. The law had been thoroughly reviewed to reflect the new conditions and to create a legal basis for a more active development of trade union pluralism. The process had involved three rounds of close consultations with the ILO in 2007, as well as consultations with the social partners at the four 2007 meetings of the Expert Council, which brought together the Government, the FPB, the CDTU, the Republican Association of Industrial Enterprises, and the Business Union of Entrepreneurs and Employers. An ILO mission had visited Belarus in June 2007 and participated in one of the Expert Council's meetings.

The new draft law on trade unions substantially simplified the conditions for the establishment of a trade union. Trade unions could be created at any enterprise by only three persons who, instead of a legal address, had to provide a correspondence address. This solved two of the main problems raised by the Commission of Inquiry, namely the need for a legal address, and the minimum membership requirement of 10 per cent of all employees for the establishment of a trade union. Furthermore, the draft simplified the conditions for forming a trade union by bringing together workers from different enterprises, which could now be established with a minimum of 30 members, in line with the conclusions of the ILO's supervisory bodies. The payment of state duty upon registration of trade unions had been waived.

The main points of contention had been those provisions of the draft law that dealt with the representativeness of trade unions, which the Government had tried to bring into conformity with ILO standards. Under the draft legislation, all trade unions, irrespective of their representativeness, enjoyed the rights and guarantees necessary to safeguard their activities in defence of workers' interests. The majority of social partners had supported the draft law, but the CDTU had opposed its principal provisions. The ILO had also made a number of comments.

The draft law, which had been prepared in autumn of 2007, should then have been submitted to Parliament. However, the ILO had recommended that the Government abstain from doing so, as the draft law did not enjoy the support of one of the partners in the social dialogue, namely the CDTU. Taking this into account, the Government had postponed the submission of the draft law to Parliament and informed the social partners that work on the draft law would continue at a meeting of the NCLSI in November 2007. At its November 2007 session, the ILO Governing Body had welcomed the Government's decision, and encouraged the Government to take further positive steps. The Committee of Experts had also positively appraised the Government's action by including Belarus in the list of cases of interest with regard to the application of Conventions Nos 87 and 98.

In March 2008, the Governing Body had stressed the need for tripartite action and had reported such to the Conference. The Government had therefore pursued consultations with trade unions and employers' organizations with a view to reaching agreement between all those involved in social dialogue on the issues of principle in relation to the improvement of national legislation. This had not proved possible in 2007, as the parties had had different views on the specific provisions that should be included in the new draft law, and the Government had recognized that a new approach was needed. The Expert Council had played a key role as the chosen forum for consultations. At its meetings in April 2008, instead of continuing to argue over individual provisions of the draft law, members had concentrated on agreeing on a basic position which reflected the view of all represented parties and which would serve as a starting point for further discussions. All sides had recognized that the starting point for future work to improve national legislation should be the standards enshrined in Conventions Nos 87 and 98. The Expert Council had decided unanimously to bring the matter before the NCLSI, as the principal forum for social dialogue in Belarus, for consideration. During a meeting in April 2008, the National Council had fully supported the position of the Expert Council and endorsed the principle of full compliance with Conventions Nos 87 and 98 as the basis for the social partners' future work to improve national legislation in accordance with the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

This decision of the NCLSI had created a new situation in principle: for the first time since the establishment of the Commission of Inquiry, the Government and the social partners had managed to reach a common position on one of the most important issues. Work would now move forward step-by-step on the basis of that common position, with a view to reaching agreement on the specific provisions to be included in the new draft law. The Government would continue to cooperate actively with the ILO through the joint seminar to be held on 18 June 2008, which would involve all workers' and employers' associations, the International Trade Union Confederation (ITUC) and the International Organization of Employers (IOE). In addition, discussions were under way on the possibility of holding a tripartite seminar on the implementation of the recommendations of the Commission of Inquiry in Minsk later in 2008. Such positive steps were encouraging for the future.

The measures taken in Belarus to strengthen relations between the social partners provided the necessary foundation for the full implementation of the Commission of Inquiry's Recommendations. The conclusions of the Conference Committee would have particular significance as the support of the ILO was needed to enable the Government, together with workers' and employers' organizations, to continue developing social dialogue. All parties in the process should be able to see and understand that the path chosen was approved by the ILO, and that the ILO was ready to provide the necessary cooperation to make it a reality.

The Employer members stated that this case had a long history of over 15 years including a review by the Commission of Inquiry. Compared to 2005 and 2006, the Government's involvement in this case seemed to have changed significantly. Previously, the Government had said that the recommendations of the Commission of Inquiry needed to be adapted to national conditions. Now the Government said that it would seek to fully implement them without any reservation. Such shift was welcomed.

In 2007, the Government discussed its cooperation with the ILO in terms of seminars and technical assistance which had resulted in a new draft law intended to address the recommendations of the Commission of Inquiry. Nevertheless, as pointed out by the Committee of Experts in its observation, there were still problems with the content of the draft Bill, namely the following issues: establishing unions at the enterprise level without legal personality; a legal address required; the link between representativeness and the rights of trade unions; the level of formality of the registration procedure; the power of registration authorities to request and obtain information on the statutory activities of trade unions and the 10 per cent membership requirement to be registered at the enterprise level. The Employer members considered that the re- quirement of 10 per cent of the membership was not too high.

The Government had taken some constructive steps. As a result, there appeared to be a tripartite consensus on the principle that the new draft law would fully implement the Convention. The Employer members would have had preferred that the Government at this stage would have been closer to meeting the recommendations of the Commission of Inquiry. In 2007, the Employer members raised several issues that equally applied this year. First, the Employer members suggested that the Government had to remedy the damage done over the past several years to employers' and workers' organizations. The Government's approval on a tripartite consensus went a long way to meeting this recommendation. Second, the Employer members had pointed out that even with good intentions, there could be a gap between a draft law and the requirements of the Convention. Even if a tripartite consensus had been achieved, this did not mean that this was equivalent to meeting the requirements of the Convention, as the consensus was probative but not conclusive. Third, the ILO and the Committee of Experts had to examine how the draft law met the requirements of the Convention. Fourth, NCLSI and the Expert Council for the Improvement of Legislation in the Social and Labour Sphere would have to adjust the draft law on trade unions because of the time that had elapsed since the recommendations of the Commission of Inquiry. The new text had then to be included in a Government report to be examined by the Committee of Experts in its forthcoming session. The Committee would have a concrete basis to discuss whether this case was moving forward on a positive basis.

The Worker members recalled that this case was being presented before the Committee for the seventh time; that the Commission of Inquiry of 2003 was one of the more serious procedures that the ILO could put into place; and that the Committee of Inquiry formulated 12 clear recommendations which should form the basis for evaluating progress. In 2007, this Committee, while noting some progress, had expressed its concern at the draft law on trade unions and recommended that the Government consult with the social partners in order to bring its legislation into full conformity with the Convention.

An ILO mission was carried out in Belarus in June 2007 at the request of the Committee. Various consultations between the ILO and the Government had been held in Geneva and Minsk. However, no relevant evolution had been noted regarding the recommendations of the Commission of Inquiry, especially with regard to Article 2 of the Convention. Despite the fact that the Republican Registration Committee had been abolished, there was no proof that all obstacles to trade unions' registration had effectively disappeared. In this regard, the Committee of Experts had indicated that obstacles to the registration of primary level workers' organizations persisted. Therefore, the Worker members expected concrete clarifications on the situation with regard to the trade union registration procedure.

The draft trade union law which had been elaborated with ILO assistance and the participation of social partners, contained an ambiguity with respect to the requirements for trade unions. This could represent a disguised way to maintain the principle of prior authorization for trade unions, in contravention of Article 2 of the Convention. Similarly, the reasons for substituting the definition of "legal address" with that of "contact address" were not convincing. Moreover, this draft law did not repeal the provision stating that a trade union must represent at least 10 per cent of workers in order to be registered at the enterprise level.

The Worker members supported in full the suppression, required by the Committee of Experts, of all registration formalities contravening the Convention. They regretted that some signs of progress shown by the Government towards free trade unionism had been simultaneously contradicted by other measures constituting administrative harassment, such as the arbitrary rent increase for the premises occupied by independent trade unions.

The Worker members stressed that, as indicated by the Committee of Experts, section 41 of the draft law on trade unions would authorize public administrations to inquire into trade unions' activities, in violation of Article 3 of the Convention. Moreover, the measures taken in order to amend section 388 of the Labour Code which prohibits strikers from receiving financial assistance from foreign persons, as well as Decree No. 24 (concerning the use of foreign gratuitous aid, so that workers' and employers' organizations may benefit from assistance from international organizations of workers and employers) violate the trade unions' (and employers' organizations') right to benefit from the assistance from international organizations to defend their interests.

The Committee of Experts' report clearly indicated that the draft reforms were far from guaranteeing the full respect of freedom of association. The Worker members welcomed the Government's statement that in the future, independent trade unions would be treated on an equal footing with other trade unions. They urged the Government to follow the recommendations of the Commission of Inquiry and the conclusions of the Committee of Experts, as well at to amend the draft law on trade unions in conformity with what was indicated by the Committee.

A Worker member of Belarus declared that, despite the recommendations of the Commission of Inquiry, independent trade unions were struggling with the same difficulties as in the past. The refusal to register an independent trade union remained common. Last April, a Presidential Decree had led to a tenfold increase of the rent to be paid for premises occupied by independent trade unions. For the 1 May ceremonies, the FPB had been able to organize its meetings on the most prestigious sites of the capital, whereas the CDTU and the Radio and Electronic Workers' Union (REWU) had not even been authorized to organize their meeting in a city park. During the last seven months, the premises of the CDTU had been raided twice by the police and were accompanied by arrests of trade unionists and sequestration of property. Administrative and legal procedures launched against anti-union dismissals were not successful. The Expert Council for the Improvement of Legislation in the Social and Labour Sphere had still not been established. Without going into further detail, it could be concluded that out of 12 recommendations of the Commission of Inquiry, merely two had been implemented, albeit partially. The Committee should therefore be firm with the Government and compel it to have a more constructive approach.

Another Worker member of Belarus stated that the FPB represented the interests of more than 4 million workers in the country. He affirmed that a constructive dialogue with the Government existed. This was confirmed by the active participation of the FPB in the activities of the National Council on Labour and Social Issues and the Expert Council for the Improvement of Legislation in the Social and Labour Sphere. The FPB worked for the respect of ILO's international labour standards in the country and supported trade union pluralism. The examination of this case for the seventh time by the Committee revealed, on the one hand, that problems persisted and, on the other, that changes undertaken by the Government were not considered at the right moment. In this regard, it was indispensible for the ILO to support the progress achieved through more active dialogue and increased technical assistance. He invited the Committee to consider, in its conclusions, the need to maintain the dynamism established, and to consolidate the progress achieved. At the same time the Committee should not continue to include this case in a special paragraph of its report.

The Employer member of Belarus stated that remarkable structural changes had occurred in the course of 2007 concerning the development of social partnership and cooperation between the Government and workers' and employers' organizations. Tangible progress had been achieved in fulfilling the Commission of Inquiry's recommendations. Regarding the improvement of social dialogue and the implementation of collective agreements, regular tripartite consultations had been held with the participation of all unions. Positive changes could be noted also concerning the legislation regulating and facilitating the development of the economy and the creation of favourable conditions for investment. It was hoped that these laws would help the country to achieve a high-level of economic development and a stable social environment. In this regard, it was also hoped that the countries' participation in the General System of Preferences, would be restored, the withdrawal from which had a negative impact firstly on ordinary workers. It could be the case that further requests from the ILO would have to be implemented, but there was no reason to believe that restrictions in the country would create social tension or curb dynamic development. The Belarusian employers were ready for the continued cooperation with all those organizations which had a clear view of the progressive, positive and real trends in the country. They also wished to make use of the support of the ILO. The Committee should undertake a proper assessment of the State's economic policy and all positive changes introduced in accordance with the ILO's recommendations, and reach balanced and fair conclusions.

The Worker member of the Russian Federation urged the Government to take the necessary measures to implement fully all recommendations of the Commission of Inquiry. The situation had begun to change slowly, but was moving in the right direction. The authorities understood that constructive dialogue was better than confrontation, and that it was easier to redress violations than to deny their existence. While a number of measures had been taken, violations still continued and pressure on trade unions was still exerted, including rent increases for the premises rented by some trade unions. He welcomed the fact that the draft trade union law was not submitted to Parliament and that the Government agreed to conduct two seminars on anti-union discrimination with the participation of all trade unions. He called upon the Government to demonstrate its goodwill and to reaffirm its adherence to ILO principles.

The Government member of Slovenia, spoke on behalf of the Government members of Member States of the European Union (EU). The Governments of Albania, Bosnia and Herzegovina, Croatia, Iceland, Montenegro, Norway, Serbia, The former Yugoslav Republic of Macedonia, Turkey and Ukraine aligned themselves with the declaration. The EU associated itself with the conclusions of the last session of the Governing Body in March 2008, in which the lack of progress made towards the implementation of the recommendations of the Commission of Inquiry since November 2007 had been deeply regretted, and which had urged the Government to ensure that workers' and employers' organizations could carry out their activities in full freedom. The EU remained deeply concerned by the situation in Belarus regarding the compliance with Conventions Nos 87 and 98. The EU deplored that the Government of Belarus had repeatedly failed to provide the Committee of Experts with requested information, and therefore invited the Government to im- prove the quality of cooperation with the Committee in this respect. He noted the Committee of Experts' finding that the "current situation in Belarus remains far from ensuring full respect for freedom of association and the application of the provisions of the Convention". The registration of all workers' organizations without restrictions was particularly pertinent. The EU called on the Government to ensure freedom of association and the rights of all workers to form and join organizations of their choice in accordance with the Convention. The EU would continue to monitor closely the situation in Belarus. It called once again on the Government to honour its repeatedly stated commitment for the full implementation of the recommendations of the Commission of Inquiry without any further delay. The EU strongly encouraged the Government to continue a transparent and close dialogue with the social partners and the ILO. The EU took note of the recent information provided by the Govern- ment. The EU continued to stand ready to provide assistance if requested by the Government, with the objective of implementing these recommendations, involving also free trade unions.

The Government member of the Russian Federation recalled that last year, the Conference Committee noted the progress made by the Government of Belarus in the implementation of recommendations of the Commission of Inquiry. At its March 2008 session, the Governing Body also noted that constructive dialogue with the social partners had taken place in Belarus. With regard to the measures taken by the Government to implement the recommendations of the Commission of Inquiry, the following could be noted: the Republican Registration Commission was abolished and the responsibility for the registration of trade unions was transferred to the Ministry of Justice; two representatives of the CDTU became members of the NCLSI; the NCLSI became the competent body to examine complaints of interference in trade union affairs; the Ministry of Justice monitored the implementation of the NCLSI's decisions; several trade unions were registered; the Government continued its work on the draft trade union law in consultation with social partners and by taking into account the recommendations of the ILO; and the decision adopted on 16 April 2008 by the NCLSI that future work on improvement of the national legislation should be based on the provisions of ILO Conventions Nos 87, 98 and 144. The Government reaffirmed its willingness to cooperate with the ILO to achieve compliance with Conventions Nos 87 and 98. Thus, the Government was making progress in good faith and in the spirit of cooperation with the ILO.

The Government member of the United States expressed continued concern about the status of freedom of association in Belarus and applauded the many efforts of the ILO to work in good faith with the Government of Belarus to implement the recommendations of the Commission of Inquiry. This continuing cooperation should be welcomed. She noted the information that the Government of Belarus had supplied to the Committee. Despite these positive developments, her Government had the impression that Belarus was still far from ensuring full respect for freedom of association. This was indeed the essence of the Committee of Experts' observation. She noted that the Committee of Experts must examine whether, and to what extent, the latest developments in Belarus represented genuine progress in the application of the Convention. In the meantime, she recalled that the right to freedom of association should be fully respected in Belarus and all barriers, in law or in practice, should be removed to enable all workers to organize and to express their points of view without threat of interference or reprisal.

The Government member of the Bolivarian Republic of Venezuela indicated the positive aspects of the case and the measures taken by the Government to strengthen social dialogue. A tripartite mechanism had been established, the NCLSI, and a Council of Experts, the Expert Council for the Improvement of Legislation in the Social and Labour Sphere. The ILO Governing Body had also recognized the progress made. The Government was willing to comply progressively with the recommendations of the Commission of Inquiry, based on social dialogue. Moreover, the Government recognized the need to amend the legislation and counted on the cooperation of national social partners, as well as on the participation of the ILO. The Committee of Experts had indicated as cases of interest the cases involving the application of Conventions Nos 87 and 98 by the Government of Belarus. The Committee had to also stress the importance of constructive social dialogue, as well as cooperation among the social partners and with the ILO.

The Government member of Canada expressed his Government's concern that the Government of Belarus continued to disregard international appeals to respect human rights and democratic principles, including the right of workers to form and join organizations of their own choosing. The Government of Belarus should be urged to recognize and respect the political and human rights of its citizens to peaceful and democratic activity, including those rights granted under the Convention that it had ratified. It also urged the Government to comply with the recommendations of the Commission of Inquiry and the requests of the Committee of Experts. The Canadian Government had worked, and would continue to work, with other member States of the ILO to encourage reform by the Government of Belarus.

The Government member of India noted the tangible efforts made by the Government of Belarus in initiating a draft trade union law in close cooperation with the social partners. He encouraged dialogue and cooperation between the member States and the ILO to resolve outstanding issues. The steps taken by the Government to engage with the social partners and to implement the recommendations of the Commission of Inquiry were extremely positive. In view of the significant progress made towards the practical implementation of the recommendations of the Commission of Inquiry and with the follow-up mechanisms in place, it was emphasized that this case should no longer be examined as an individual case.

The Government member of Egypt stated that the Government of Belarus had taken numerous measures to implement the recommendations of the Commission of Inquiry. Her Government also took note of the efforts to improve the legislation and of the cooperation with the ILO. In view of the progress made, the Committee should continue to support the Government.

The Government member of Cuba indicated that the explanations given by the Government representative confirmed that the recommendations of the Commission of Inquiry were fulfilled. By virtue of the new Decree No. 605, four out of six trade unions affiliated to the Radio and Electronic Workers' Union (REWU) had been registered. Moreover, a draft trade union law had been prepared with the participation of the social partners and the assistance of the ILO. It was important to remember the support of the ILO mission, which participated in the consultation process aimed at amending the draft law, and bringing it into conformity with Conventions Nos 87 and 98. Considering that in its previous session, the Committee of Experts had noted progress regarding certain recommendations of the Commission of Inquiry, the Conference Committee needed to act with impartiality and set aside any political interests. The Committee should note the progress achieved through social dialogue, its positive effects and the measures taken by the Government of Belarus to comply with the recommendations of the Commission of Inquiry and the observations of the Committee of Experts.

The Government member of China noted that since the last session of the Conference, the Government had achieved further progress through cooperation with the ILO and through constructive dialogue with the social partners with regard to the implementation of the recommendations of the Commission of Inquiry, preparation of the draft trade union law and the establishment of tripartite mechanisms. The Committee should recognize the progress made in cooperation with the social partners. She expressed the hope that the collaboration between the Government and the ILO would continue for the implementation of Conventions Nos 87 and 98.

The Government representative of Belarus stated that this important discussion would be taken into account by the Government. Significant progress in the implementation of the recommendations of the Commission of Inquiry had been achieved and the Government continued its cooperation and dialogue with the ILO. A series of consultations had taken place in May in Geneva between the Government representatives, ILO experts, and the Employers' and Workers' groups. A seminar on anti-union discrimination would be held on 18 June 2008 with the participation of high-ranking officials and experts from the ILO, representatives of the ITUC, judges, prosecutors, representatives of the ministries concerned, representatives of the FPB, the CDTU, as well as employers' organizations.

All trade unions in Belarus, irrespective to which structure they belonged, could defend the interests of their members and conclude collective agreements. Six out of eight workers named in the report of the Commission of Inquiry were now working. Two preferred to stay in the informal sector. The eight persons concerned were not dismissed, but their contracts were not renewed. The fact that the system of fixed-term contracts existed in Belarus could not be criticized, as such a system existed in many countries. The anti-union discrimination was prohibited by the legislation and for cases of violations, the Office of the Public Prosecutor and the labour inspectorate were obliged to examine such cases.

With regard to the draft trade union law, it was important to note that a common position was finally adopted by all parties involved and the principle of full compliance with Conventions Nos 87 and 98 was endorsed as the basis for the future work on the new legislation. The efforts of the Government of Belarus to achieve implementation of the recommendations of the Commission of Inquiry should therefore be assessed positively.

The Employer members indicated that after a long debate, the conclusion seemed to be that this individual case was a good way towards solution, but much needed to be done. Nobody, especially not the Government, should underestimate the amount of work necessary to be undertaken. The Committee was waiting for the full realization of freedom of association in the country.

The Worker members expressed their support for all the recommendations made by the Committee of Experts in its observation. It contained an accurate and well-founded analysis, along with clear observations on the current law and the contribution of planned reforms with regard to the Convention. The Worker members regretted that the recommendations made by the Commission of Inquiry in 2003 had not yet been specifically implemented, in particular with regard to recognizing the rights of workers' organizations to be registered and to carry out activities free from interference. The Worker members strongly urged the Government to work in consultation with all social partners, particularly trade unions, to put the Commission of Inquiry's recommendations into practice and to ensure that this was done in a climate free from any violence or threats towards workers' organizations.

The Worker members welcomed the fact that the draft trade union law had been subject to a process of consultation with the social partners, rather than being imposed. This initiative on the part of the Government was more in line with Convention No. 87. In spite of the fact that they considered the situation to be encouraging and that they had seen some positive signs, the Worker members said that they would remain vigilant, and requested the Government to report regularly to the Governing Body on progress in legislation and in practice with regard to the application of Convention No. 87. The Worker members stressed that the situation remained serious and that the Government should not consider that it had now fulfilled its obligations under Convention No. 87. It would be for the Governing Body to assess the efforts made by the Government in that regard.

Conclusions

The Committee took note of the written and oral information provided by the Government representative, the Minister of Labour, and the discussion that followed.

The Committee noted the detailed information provided by the Government on steps it had taken to implement the recommendations of the Commission of Inquiry since the issuance of the Commission's report in 2004 and on recent steps to promote social dialogue in the country.

The Committee noted the statements made by the Government representative according to which, the submission of the draft trade union law to Parliament had been suspended and that the Government was actively continuing its work on the draft law in consultation with the social partners. The Committee further noted the Government's statement that, at its April 2008 meeting, the National Council on Labour and Social Issues endorsed the principle of full compliance with ILO Conventions Nos 87 and 98 as the basis for the future work on the new legislation on trade unions, which would be discussed in the Council for the Improvement of Legislation in the Social and Labour Sphere in July.

In light of the recommendations made by the Committee of Experts that the draft trade union law should not go forward in its present form, the Committee welcomed the fact that the Government had held the draft law back.

The Committee nevertheless noted with deep concern new allegations of harassment and pressure exercised on independent trade unions, including through dismissal, arbitrary rent increases for the premises used by independent trade union organizations and the continuing denial of registration.

The Committee noted with regret that it had to observe once again that the key recommendations of the Commission of Inquiry had not yet been implemented. While some recommendations had been dealt with, as noted earlier by this Committee, these steps did not go to the heart of the matter as clearly set out in the report of the Commission of Inquiry. In particular, no specific steps had yet been taken to satisfactorily address the question of the right for all trade unions to obtain registration without previous authorization and to conduct their activities without interference and harassment.

In light of the Government's stated commitment to social dialogue, the Committee firmly encouraged it to work closely with all the social partners to find acceptable solutions in the light of the comments of the Committee of Experts and which would effectively lead to the implementation of all the recommendations of the Commission of Inquiry. The Committee emphasized that such cooperation had to take place in a framework where there was no pressure on, or harassment of, trade union organizations and their members and where the fundamental rights of each of them was scrupulously respected.

The Committee welcomed the Government's statement that it was organizing a seminar on anti-union discrimination with the participation of ILO representatives immediately following the Conference and that a more expanded tripartite seminar would be organized, in autumn 2008, on the implementation of the Commission of Inquiry recommendations.

The Committee firmly expected that the Governing Body would be in a position to note positive developments in this respect at its November 2008 session. It requested the Government to provide information on legislative developments, as well as complete statistics relating to the registration of trade unions and complaints of anti-union discrimination to the Committee of Experts for examination at its forthcoming session.