Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 31 July 2012 alleging numerous violations of the Convention, including arrest and detention of members of independent trade unions, denial of the right to picket, denial of registration of primary trade unions, and interference by the authorities in trade union activities. The Committee notes with concern the ITUC’s statement that the recommendations of the Commission of Inquiry are still not implemented and that no real effort has been made by the Government to address violations of trade union rights in the country. The Committee requests the Government to provide detailed observations on the ITUC’s allegations.

The Committee notes with regret that the Government’s report contains no new information on the measures taken to implement the 2004 recommendations of the Commission of Inquiry and this Committee’s previous requests in respect of the application of the Convention. The Committee also notes the 366th Report of the Committee on Freedom of Association (November 2012) on the measures taken by the Government of the Republic of Belarus to implement the recommendations of the Commission of Inquiry. It notes, in particular, that the Committee on Freedom of Association expressed its deep concern at the Government’s lack of cooperation in providing information on the follow-up given to the Commission of Inquiry recommendations. The Committee urges the Government to cooperate fully with the ILO supervisory bodies.

Article 2 of the Convention. Right to establish workers’ organizations. 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 with deep regret that no information has been provided by the Government in this respect. In this connection, the Committee notes with concern the ITUC’s allegation that the management of “Granit” enterprise refuses to provide a newly established primary organization of the Belarus Independent Trade Union (BITU) with the legal address required, pursuant to Decree No. 2, for registration of trade unions. In this respect, the Committee notes the Government’s indication that the enterprise management acted in accordance with the law as the BITU failed to submit the minutes of the founding meeting. The Government indicates that on 17 May 2012, the Belarusian Congress of Democratic Trade Unions (CDTU) filed a complaint with the tripartite Council for the Improvement of Legislation in the Social and Labour Sphere. The Government points out that the minutes of the founding meeting submitted to the Council were signed only by 16 people, whereas 200 employees were said to have expressed a wish to join the BITU. Furthermore, some employees have stated that union representatives deceived them into signing the papers, without giving adequate explanations of the demands made to the employer. The Government indicates that the Council’s secretariat is currently awaiting more information from the CDTU. The Committee recalls that the abovementioned 10 per cent minimum membership requirement is not applicable to primary trade unions and understands that the decision even by 16 workers would be sufficient to establish a primary trade union. In the light of the above, the Committee expresses its concern that the requirements imposed by Decree No. 2 continue to hinder the establishment and functioning of trade unions in practice. The Committee notes with deep regret that, despite the numerous requests by the ILO supervisory bodies, there have been no tangible measures taken by the Government to amend the decree, nor have there been any concrete proposals to that effect. The Committee therefore once again urges the Government to take the necessary measures 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 provide information on all progress made in this respect. The Committee hopes that the BITU primary trade union at “Granit” enterprise will be registered without delay and requests the Government to take all necessary measures to that end.

The Committee regrets that the Government provides no information concerning the allegation previously submitted by the CDTU on the refusal by the Polotsk municipality to register the free trade union primary organization of “Self-employed workers at Polotsk outdoor collective farm market”. It therefore expects that the Government’s next report will contain detailed observations thereon.

The Committee had previously requested the Government to indicate whether the BITU had applied for the registration of its primary trade union at “Kupalinka” enterprise and, if so, the outcome of the registration procedure. It further requested the Government 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 BITU has not applied for registration of its primary trade union. The Committee further notes a copy of the Supreme Court’s decision in the “Razam” case and understands that by its decision, the court left without examination the case of refusal to register “Razam” organization submitted by three petitioners. According to the court, pursuant to Decree No. 2, at least 500 founding members from the majority of regions are needed in order to establish a trade union at the national level; this implies that only founding members could be given the authority to represent the interests of the union in the process of registration or in court. The court considered that the decision by the founding conference to admit to trade union membership one of the petitioners, to elect him or her to the union’s office and to mandate him or her to represent, together with other persons, the interests of the union before the registering authorities and the courts was without any legal ground. The Committee expresses its concern at this new interpretation of paragraph 3 of Decree No. 2, which appears to create additional obstacles to registration and impede the right of trade unions to elect their representatives and to organize their administration in full freedom enshrined in Article 3 of the Convention. In view of the above, the Committee once again 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.

Articles 3, 5 and 6. Right of workers’ organizations, including federations and confederations, to organize their activities. 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 to the attention of the relevant authorities 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. Recalling that peaceful 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 to the attention of the relevant authorities 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 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 Act 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 has provided no information in this respect. It therefore once again urges 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 Act 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. The Committee deeply regrets that once again 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 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 deeply 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 (Act on Mass Activities, Presidential 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 eight years ago, the Committee reiterates its previous requests and requests the Government to indicate all concrete measures taken or envisaged in this respect. The Committee understands that the Act on Public Associations 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. 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.