Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

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

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2011 concerning the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Committee also notes the 361st Report of the Committee on Freedom of Association on the measures taken by the Government of the Republic of Belarus to implement the recommendations of the Commission of Inquiry.

The Committee further notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 4 August 2011 detailing violations of the Convention, which the Committee had dealt with in its previous comments. It also notes the comments submitted by the Belarusian Congress of Democratic Trade Unions (CDTU) in a communication dated 30 August 2011.

The Committee notes that in its report, the Government reiterates its commitment to the social dialogue and cooperation with the ILO. It informs of its intention to organize, together with the ILO, a tripartite seminar in the country on the issue of social dialogue. The Government indicates that the situation of trade union rights in the country has stabilized. While there are still some contentious issues and some criticism from the trade union side, the Government considers this is a common feature of social dialogue. While noting this information, the Committee regrets that the Government provides very limited new information on the measures taken to implement the 2004 recommendations of the Commission of Inquiry and this Committee’s previous requests in respect to the application of the following Articles of the Convention.

Article 2 of the Convention. The Committee recalls that in its previous observations it had urged the Government to take the necessary measures to amend Presidential Decree No. 2, its rules and regulations, so as to eliminate the obstacles to trade union registration (legal address and 10 per cent minimum membership requirements). The Committee notes that in its communication, the CDTU points out that there have been no concrete proposals to amend the Decree, which continues to create obstacles to trade union registration. In this respect, the CDTU alleges that Polotsk municipality denied registration to the Free Trade Union primary organization of “Self-employed workers at Polotsk outdoor collective farm market”. The Committee is once again bound to note with deep regret the absence of any tangible measures taken by the Government to amend the Decree despite the numerous requests by the ILO supervisory bodies. It therefore once again urges the Government to take the necessary steps to that effect in consultation with the social partners so as to ensure that the right to organize is effectively guaranteed. The Committee requests the Government to indicate all measures taken in this respect.

The Committee recalls that it had previously requested the Government to provide its observations on the CDTU’s allegations of refusal to register the primary trade union organization of the Belarus Independent Trade Union (BITU) at the “Delta Style” enterprise and to provide a copy of the Supreme Court Decision in the case of refusal to register “Razam” organization. The Committee notes the Government’s indication that the decision to deny registration to the BITU primary trade union organization at the “Delta Style” was due to the process of liquidation of the undertaking and its merger with the “Kupalinka” enterprise that occurred on 27 April 2011. The Committee considers that the restructuring of an enterprise, including by way of merger, should not preclude the right of workers to establish a trade union of their own choosing. The Committee also regrets that the Government failed to transmit the decision of the Supreme Court in the “Razam” case. The Committee strongly encourages the Government to continue cooperation with the social partners in addressing the issue of registration in practice and to indicate in its next report all progress made in this respect. It further requests the Government to indicate whether the BITU has applied for the registration of its primary trade union at the “Kupalinka” and if so, the outcome of the registration procedure.

Articles 3, 5 and 6. The Committee recalls that it had previously expressed its concern at the allegations of repeated refusals to authorize the CDTU, the BITU and the Radio and Electronic Workers’ Union (REWU) to hold demonstrations and meetings and requested the Government to conduct independent investigations into these allegations, as well as to bring the attention of the relevant authorities to the right of workers to participate in peaceful demonstrations to defend their occupational interests. The Committee once again notes with deep regret that no information has been provided by the Government in this respect. The Committee notes with concern that the CDTU alleged new cases of refusals to authorize the holding of demonstrations. Recalling that protests are protected by the principles of freedom of association and that public meetings and demonstrations should not be arbitrarily refused, the Committee urges the Government to indicate the measures taken to investigate the alleged cases of refusals to authorize the holding of demonstrations and meetings and to bring the attention of the relevant authorities to the right of workers to participate in peaceful demonstrations to defend their occupational interests.

The Committee recalls that it had previously noted with concern the CDTU’s allegation that following a refusal by the “Delta Style” company’s management to authorize a trade union meeting, the chairperson of the Soligorsk BITU regional organization met with several women workers (on their way to their workplaces) near the entrance. Following this event, the chairperson was detained by the police on 4 August 2010 and subsequently found guilty of committing administrative offence and fined. According to the CDTU, the court had decided that having met members of the union near the entrance gate of the company, the trade union leader had violated the Law on Mass Activities. The Committee had requested the Government to provide its observations on the facts alleged by the CDTU. The Committee regrets that the Government provides no information in this respect. The Committee notes with concern new allegations of arrests and detention of members of independent trade unions following their participation in public events, as detailed in the CDTU’s communication. The Committee requests the Government to provide its observations thereon.

In this connection, the Committee recalls that for a number of years it has been requesting the Government to amend the Law on Mass Activities, which imposes restrictions on mass activities and provides for dissolution of an organization for a single breach of its provisions, while organizers may be charged with a violation of the Administrative Code and thus subject to administrative detention and regrets that no information has been provided by the Government on concrete measures taken in this respect. The Committee understands, however, that this piece of legislation has been recently amended so as to further restrict the right to organize public events. The Committee requests the Government to provide a copy of these amendments.

The Committee further regrets that the Government has not provided any information in relation to the measures taken to amend Presidential Decree No. 24 concerning the use of foreign gratuitous aid and sections 388, 390, 392 and 399 of the Labour Code, regarding the exercise of the right to strike. Recalling that the abovementioned legislative texts (Law on Mass Activities, Decree No. 24 and sections 388, 390, 392 and 399 of the Labour Code are not in conformity with the right of workers to organize their activities and programmes free from interference by the public authorities and their amendment had been requested by the Commission of Inquiry over seven years ago, the Committee reiterates its previous requests and asks the Government to indicate all concrete measures taken in this respect. The Committee understands that the Law on Public Association and the Criminal Code have been recently amended and that these amendments would have bearing on the application of the Convention. The Committee requests the Government to provide copies of all relevant amendments to these legislative texts.

The Committee also once again requests the Government to indicate the measures taken to ensure that National Bank employees may have recourse to industrial action without penalty.

The Committee notes with deep regret that no progress has been made by the Government towards implementing the recommendations of the Commission of Inquiry and improving the application of this Convention in law and in practice during the reporting year. Indeed, the Government has not provided any information on steps taken to amend the legislative provisions in question, as previously requested by this Committee, the Conference Committee, the Commission of Inquiry and the Committee on Freedom of Association. In this respect, the Committee also notes the CDTU’s indication that it was still awaiting to see an evidence and tangible progress with regard to the Government’s commitment to ensure a friendly environment for independent trade union activity and social dialogue. The Committee regrets to note the alleged violations of civil liberties in Belarus submitted by the CDTU in its communication, including instances of interrogation of trade unionists and search of trade union premises. The Committee therefore urges the Government to intensify its efforts to ensure that freedom of association and respect for civil liberties is fully and effectively guaranteed in law and in practice and expresses the firm hope that the Government will intensify its cooperation with all the social partners in this regard.

[The Government is asked to reply in detail to the present comments in 2012.]