Individual Case (CAS) - Discussion: 2014, Publication: 103rd ILC session (2014)

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



The Government provided the following written information.

With regard to the measures taken to implement the recommendations of the Commission of Inquiry concerning the registration of trade unions, as of 1 January 2014, 37 trade unions had been registered in the Republic of Belarus, including 33 national trade unions, one local trade union and three plant-level trade union organizations. Some 23,193 primary trade union organizations were registered. In the past few years, only isolated instances have been noted of refusal to register trade unions. Only four such refusals occurred over the period 2010–13. On several occasions, the Government of the Republic of Belarus has considered improving the law on the registration of trade unions. Together with the social partners, the Government will continue working to secure the rights of citizens to free association in trade unions.

With reference to the development of collective labour relations and tripartite cooperation, as of 1 January 2014, 556 agreements were in force in the Republic (one general agreement, 46 sectoral wage agreements and 509 local agreements), and 18,119 collective agreements. The law of the Republic of Belarus does not restrict the rights of trade unions (irrespective of their membership) to take part in collective bargaining. By way of example, there are large enterprises in our country, such as “Belaruskalii” or the “Mozirsky Oil Refinery”, in which the parties to a collective agreement include both trade unions belonging to the Federation of Trade Unions of Belarus (FPB) and trade unions belonging to the Belarus Congress of Democratic Trade Unions (BKDP). One of the most important elements of cooperation in the social partnership system is the shared preparation of general agreements between the Government of the Republic of Belarus, the national employers’ associations and the trade unions. A general agreement regulates the most significant aspects of economic and social policy: the criteria for the living standards of workers and their families, and the policy on wages, employment, pensions and benefits. In addition, a general agreement contains provisions for the development of social partnership and for contributing to the collective bargaining process. Beginning with the general agreement that was concluded for 2006–08, it is specified that such an agreement applies to all employers (and employers’ associations), trade unions (and their federations) and workers in the Republic of Belarus. Accordingly, both trade union federations (the FPB and the BKDP), regardless of their representative character, can enjoy the guarantees provided in the general agreement. In line with a decision by the National Council on Labour and Social Issues (NCLSI), work was in progress in Belarus in the second half of 2013 on drafting the new General Agreement for 2014–15. All the trade union federations and employers’ associations took part in its drafting. The General Agreement between the Government of the Republic of Belarus and the national employers’ associations and trade union federations for the period 2014–15 was signed on 30 December 2013. With regard to the application of the law governing the receipt of foreign assistance, the arrangements for receiving and using foreign assistance in the Republic of Belarus were laid down in Decree No. 24 of 28 November 2003 of the President of the Republic, “on receiving and using foreign assistance”. This Decree does not prohibit the receipt by trade unions of foreign assistance, including assistance from international trade unions. The Decree defines the conditions (purposes) of using such assistance, and also provides that it must be registered in the established manner. However, the procedure for registering foreign assistance granted free of charge is not complicated, and does not take long to carry out. From 2010 until the end of the first half of 2013, the receipt of foreign assistance was registered in the Department for Humanitarian Affairs of the Office of the President of the Republic. It must be emphasized that for the whole of the period in which Decree No. 24 has been in force, there has not been one instance of trade unions being refused registration of foreign assistance.

On the basis of its consideration of the question of Belarus in June 2013, during the 102nd Session of the International Labour Conference, the Committee on the Application of Standards invited the Government of the Republic of Belarus to accept a direct contacts mission “with a view to obtaining a full picture of the trade union rights situation in the country, and assisting the Government in the rapid and effective implementation of all outstanding recommendations of the Commission of Inquiry”. The Government of the Republic of Belarus accepted the Committee`s proposal and took the necessary steps to enable the direct contacts mission to carry out its tasks in full. The direct contacts mission visited the Republic of Belarus from 27 to 31 January 2014. The mission met with the Republic’s Council of Ministers, the Administration of the President of the Republic, the Office of the Procurator-General of the Republic, and the Ministries of Labour and Social Protection, Justice and Foreign Affairs. The views of the Government were supported by the social partners, who also showed considerable interest and held their own constructive and fruitful meetings with the mission. The direct contacts mission paid special attention to the work of the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere. The mission held a meeting with the members of the Council, during which all the parties represented on it emphasized its importance as a necessary forum to enable all those involved to express their opinion and make proposals for resolving current problems. None of those on the Council expressed any doubt of the usefulness and necessity of this tripartite body. As the outcome of the work in Minsk, the direct contacts mission suggested pursuing a number of future options which, in its view, should enable the recommendations of the Commission of Inquiry to be implemented. The Government of the Republic of Belarus, together with the social partners, is conducting an active dialogue with the International Labour Office on the organization of measures to implement the proposals of the mission. It has now been agreed to hold a seminar on 10–11 July 2014 to study international experience of the work of tripartite bodies (with a view to increasing the potential of the Council on the improvement of legislation in social and employment matters). In addition, the International Labour Office has prepared a “roadmap” for the accomplishment in 2014 of the remaining measure on: collective bargaining; dispute resolution and mediation; and instructing judges, prosecutors and lawyers in the application of international labour standards. All the measures will be carried out on a tripartite basis, with the participation of all those involved.

In addition, before the Committee, a Government representative said that the direct contacts mission had had a positive effect on the strengthening of constructive relationships between the Government and the social partners and had facilitated a number of steps to implement the recommendations of the Commission of Inquiry made in 2004. The Government was profoundly convinced that the development of social dialogue, tripartism and the right of freedom of association and collective bargaining was only possible with joint and constructive interactions between the Government, employers’ and workers’ organizations. The implementation of many of the recommendations of the Commission of Inquiry required a complex approach and involved work over a longer period. For this purpose, it was necessary to take into account the views of all interested parties, which was why the Government had proposed the establishment of the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere, which had been supported by the social partners, both at the national and international levels, and by the ILO. The Council was composed of trade union representatives of both the FPB and the BKDP and provided a basic forum for carrying out mutually agreed steps and recommendations. In the Council, questions concerning registration, dismissals, collective bargaining and other issues had been discussed. However, the adoption of decisions was a complex process. Each party had their own vision of the problems and their solutions and, as a result, not all of the decisions adopted were understood as optimal solutions by everyone. Despite having made some criticisms, the trade unions had never been called into question and had been perceived positively. The Council permitted enhanced interactions between the interested parties and their active participation in discussions, in a spirit of social dialogue. Problems were discussed and participants had often adopted decisions on an agreed basis. This had also promoted constructive cooperation between the parties in other areas, such as the regular conclusion of general agreements between the Government and the trade unions concerning important issues, for instance in relation to standards of living, wages, pensions and other benefits. On 30 December 2013, a new general agreement for 2014–15 had been concluded with the participation of the FPB and the BKDP, which was applicable to all employers and workers, regardless of their level of representativity. The Council had a special role to play in the implementation of the recommendations of the Commission of Inquiry. During the direct contacts mission in January, the ILO experts had also held meetings with members of the Council. Discussions on further improvements of the activities of the Council had been held. The Council was of high importance, as it gave all interested parties the possibility to express their views and solve problems, and its usefulness had never been called into question. The good relationship between the Government and the social partners was a direct result of a consistent policy of implementing trade union pluralism. As a result of the work of the direct contacts mission, there had been proposals concerning some promising outlets in the future, with a view to the further implementation of the recommendations made by the Commission of Inquiry, including for the improvement of legislation and collective bargaining processes through the enhancement of the potential of the social partners, the training of judges, public prosecutors and other public representatives in the area of freedom of association. The proposals had been made in the course of the direct contacts mission in the Tripartite Council, and had been supported by the Government and the representatives of the social partners. The Ministry of Labour had received from all the trade unions and employers an expression of their interest and readiness to implement the proposals. The Government was carrying out effective dialogue with the ILO to organize events aimed at improving and implementing these proposals, among others, to improve the potential of the Council in the future. The Government fully respected the principles of the ILO, and appreciated the cooperation with the ILO, including the work of the direct contacts mission in January to further improve the situation and implement the recommendations of the Commission of Inquiry. The Government was aware of the interest of the ILO in trying to help the Government and the social partners bring about a solution and for the further development of social dialogue and tripartism. The implementation of the proposals made during the direct contacts mission would certainly pave the way for further progress.

The Worker members observed that the case, which was being examined because of the Committee of Experts’ double footnote, was still about the violation of the fundamental right of the workers of Belarus to organize and of their trade unions to conduct their affairs. Legal obstacles to the establishment of new organizations were still in force, in the form of provisions regarding their legal address, and of a requirement that their members comprise at least 10 per cent of the companies’ workers. In 2013, the Government had indicated that those provisions were to be amended, but nothing had happened since then. On the contrary, it was no longer considered to be a priority. Meanwhile, the Government was making it more and more difficult for trade unions to register, with the result that newly constituted organizations were completely discouraged from registering. Moreover, in addition to the fact that unions not affiliated to the official trade union federation continued to encounter difficulties, the generalized system that had been introduced of resorting to fixed-term contracts, which served as a means of bringing pressure to bear on the members of independent trade unions, who ran the risk of not having their contracts renewed. In addition, independent unions were systematically denied the right to demonstrate and hold peaceful meetings in defence of the workers’ interests; and the provision of assistance free of charge by international workers’ or employers’ organizations not only required prior authorization, but was also greatly restricted. For years the Government had failed to send the Committee of Experts any information on amendments to the provisions governing the registration of trade unions, free international aid, mass collective action or the right of unions to organize their activities freely. Nor had it provided any information on cases of the refusal of registration or authorization to demonstrate. The plan drawn up with the participation of the ILO and of the social partners in 2009 had not been implemented, and the country’s Tripartite Council served no real purpose at all. As a result, the Committee of Experts had been obliged to note the total absence of progress.

The Committee had already examined the measures taken by the Government to comply with the Commission of Inquiry’s recommendations on eight occasions, had also noted the lack of progress in 2013 and had decided to include Belarus in a special paragraph of its report. According to the report of the direct contacts mission in January 2014, the Government had indicated that it was aware of its international obligations, but that the country’s interests also had to be taken into account and that some of the Commission of Inquiry’s recommendations were no longer relevant. The mission had indicated that, even if some recommendations had been implemented, after ten years the underlying problems had still not been resolved, as free and independent trade union activities could not be conducted at every level, and workers could not join independent unions for fear of losing their jobs. The direct contacts mission had therefore concluded unequivocally that, although the union rights situation had evolved, there had been no fundamental change and no notable progress in the implementation of the Commission of Inquiry recommendations. According to the Worker members, the situation was ever worsening. For instance, the Secretary-General of the Belarusian Independent Trade Union (BNP) regional organization in Soligorsk had been arrested and fined for infringing the law on collective action, whereas she had merely met up with some of her fellow workers near the enterprise on the way to work. Independent trade unions continued to suffer discrimination. At a Bobrisk tractor factory the management had evicted the Belarus Free Trade Union (SPB) from its premises in the factory, despite the refusal of the regional economic tribunal to authorize such a measure. The leader of the trade union had been denied access to the enterprise despite the tribunal’s ruling that it constituted anti-union discrimination. He now had to be accompanied by two guards when entering the enterprise, but his union was no longer allowed to take part in collective bargaining and its members were threatened with dismissal. Given the situation, five workers had gone on a hunger strike. Consequently, the Worker members were very suspicious of the announcement by the President of Belarus of a plan to prohibit agricultural workers from leaving their place of work without official permission from the authorities, which could develop into a generalized use of forced labour.

The Employer members appreciated the positive and constructive tone of the Government. They were pleased that the Government had accepted a direct contacts mission and welcomed the explanation of the Government representative concerning some of the outcomes of the direct contacts mission and the follow-up measures that were to be adopted. The Employer members had not yet had the occasion to assess the information of the direct contacts mission, but looked forward to the assessment by the Committee of Experts. The majority of the information provided by the Government related to the Tripartite Council and they were pleased to hear that, according to the Government, as a result of this Council, cooperation between the Government and the social partners had improved. They also noted that promises had been made in relation to the direct contacts mission to further the implementation of the 2004 recommendations, which related to legislation, legislative processes and the training of judges on freedom of association principles. Convention No. 87 was a fundamental Convention, which had been ratified by the Government in 1956. The status of double footnote showed the seriousness that the Committee of Experts had attached to this case. The Employer members thought that it was important to note that a 2003 complaint made under article 26 of the Constitution had resulted in the 11 recommendations made by the 2004 Commission of Inquiry, which had called for free and independent trade unions to be able to play their proper role in the country’s social and economic development. In 2013, almost one decade later, the Committee of Experts had noted with regret that no new information with regard to the implementation of the recommendations of the Commission of Inquiry had been made. In 2013, the Government had indicated to the Conference Committee that no cases of registration had been refused and no trade unions had been charged with criminal or administrative offences in 2012. The Government had expressed its commitment to bringing its legislation into conformity with the Convention and to social dialogue, and had emphasized the positive role of the Tripartite Council since its operation in 2009, where several issues including freedom of association rights had been discussed. The Government had further stated that the Tripartite Council was best suited to making progress on legislative matters and had committed to amending Presidential Decree No. 2 as part of the required amendments.

At the 2013 discussion of the Conference Committee, the Employer members had welcomed the indication by the Government that the Tripartite Council had been operating since 2009, that the relations between the Government and the social partners had stabilized and that a number of collective agreements had been concluded. However, the Employer members had requested the Government to intensify its cooperation with the social partners and to avail itself of the expert advice and assistance of the ILO, and had supported the request by the Worker members that the Government should accept a direct contacts mission. In 2013, this had resulted in a special paragraph of the Committee’s report. In its conclusions, the Conference Committee had urged the Government to immediately take all the measures necessary to ensure that employers and workers could fully exercise their rights of freedom of expression and association. The Conference Committee expected detailed information on the proposed amendment to be provided to the Committee of Experts and had trusted that the Committee of Experts would be in a position to note significant progress in 2014. The 2013 observations of the Committee of Experts were a follow-up to these conclusions of the Conference Committee. In its latest observation, the Committee of Experts urged the Government to amend Presidential Decree No. 2 and to address the registration of trade unions in practice. The Committee of Experts noted with deep regret that no progress had been made with the implementation of the recommendations of the Commission of Inquiry and the application of the Convention in practice. The Employer members recalled that the case had been examined almost every year since 2001, and they had seemed to sense progress after 2007. They had appreciated the efforts made by the Government after that date. Now, however, the Employer members noted that, despite the opportunity to do so, it appeared that the Government had not provided information on the amendment to Presidential Decree No. 2, nor had it addressed the requirement of registration, and there also seemed to be a lack of information on the Act on Mass Activities and how this Act related to freedom of association, among other concerns. Furthermore, no information relating to measures regarding the amendment to the relevant section of the Labour Code appeared to have been provided. The Employer members wished to emphasize the obligation of the Government to provide additional information to the Committee of Experts regarding all these issues. In light of the 2013 conclusions of the Conference Committee and the observation of the Committee of Experts, now was the time when progress had to be intensified beyond what had been seen up to the present. They encouraged the Government to commit itself to the full and effective implementation of the 2004 recommendations of the Commission of Inquiry without further delay, taking into account the full participation of the social partners. They took the opportunity to indicate that they would be disappointed if progress were not intensified in the short term.

The Worker member of Belarus emphasized that the recommendations adopted ten years ago by the Commission of Inquiry had considerably helped in promoting the trade union movement and encouraging social partnership in Belarus. He paid tribute to the direct contacts mission that had taken place in January 2014, which had met all the parties concerned, and particularly the trade unions, without encountering any obstacles. It might be considered that all the recommendations made by the Conference Committee in 2013 had continued to be implemented, with ILO assistance. With regard to the legal provisions concerning the 10 per cent minimum membership requirement, it should be recalled that the rule applied to all trade unions without exception. Nonetheless, the FPB was open to the idea of attempting to do away with this requirement, despite the fact that it did not cause any real problems in Belarus. With regard to the recommendation concerning foreign financial aid, the FTUB opposed its implementation because it could cause problems for workers in the country. The direct contacts mission of January 2014 had found that five recommendations had been implemented, but this matter had not been raised during the Committee’s discussion. The FPB had organized a large demonstration on 1 May and all trade unions had participated in the preparation of the general agreement with the Government, which proved that the trade unions could operate freely in Belarus. It was undeniable that progress had been made by the Government. Finally, with regard to the allegations of forced labour, he said that they were not true and needed to be substantiated before they were made by any parties. The Employer member of Belarus considered that the measures taken by the Government to give effect to the recommendations of the Commission of Inquiry had helped to alleviate the seriousness of the issues under discussion. The situation regarding the observance of trade union rights had improved, as had been noted by the direct contacts mission in January 2014. The platform for social dialogue had been extended, the BKDP and the FPB were now participating in the implementation of the general agreement with the Government and in collective bargaining in enterprises. Employers in Belarus supported the principle of equal treatment for all trade unions. Cases of dismissal were handled within an established legal framework. Most allegations of anti-union dismissal had been rejected, although cases had been brought before the ILO arguing that the decisions handed down were unjust. Belarusian employers supported a discussion of these issues and of mutually beneficial solutions regarding objective criteria for the admissibility of complaints, but they recalled the proposal made in this regard by the Employer Vice-Chairperson to the November 2013 session of the Committee of Experts. The development of social dialogue depended on all the parties concerned, and it was undeniable that the authorities in Belarus, as well as the employers and trade unions, had endeavoured to give effect to the principles contained in the ILO Constitution, such as a guaranteed wage, decent living and working conditions, and combating unemployment. The meetings which had taken place with the direct contacts mission had paved the way for constructive dialogue. Belarusian employers were in favour of holding a seminar, with ILO assistance, to gather the experiences of other countries with regard to collective bargaining and trade union pluralism. Lastly, account should be taken of objective indicators to illustrate the positive dynamic in the development of labour and employment relations in Belarus and decisions should be taken in the interests of both workers and employers.

A representative of the European Union (EU), speaking on behalf of the EU and the Governments of Albania, Iceland, Montenegro, Norway, Serbia, the former Yugoslav Republic of Macedonia and Ukraine, said that the EU attached great importance to its relations with Belarus and remained gravely concerned about the lack of respect for human rights, democracy and the rule of law. He welcomed the fact that an ILO direct contacts mission had managed to visit Minsk and met with stakeholders from both governmental and non-governmental sides, but remained gravely concerned that the mission had shown that there had been no fundamental change or significant progress in the implementation of the recommendations of the 2004 Commission of Inquiry. In this context, he recalled that the failure of Belarus to implement the recommendations had led to its suspension in 2007 from the EU Generalized System of Preferences, which was still effective. He asserted that the development of bilateral relations under the Eastern Partnership was conditional on the progress of Belarus towards respecting the principles of human rights, democracy and the rule of law, and indicated the EU’s willingness to assist Belarus in meeting its obligations in this regard and that it would continue to closely monitor the situation in the country. He called on the Belarus authorities to eliminate the obstacles to trade union registration, which hindered the establishment and functioning of trade unions in practice, and particularly the requirements imposed by Decree No. 2 of January 1999 on the legal address and the minimum membership of 10 per cent of the workforce. He also urged the Government to provide the information requested by the Committee of Experts, notably concerning the refusal to authorize the holding of demonstrations and the restrictions imposed by the Act on Mass Activities, and to amend Presidential Decree No. 24 concerning the use of foreign gratuitous aid, which was essential in ensuring that workers’ and employers’ organizations could benefit from international assistance. He urged the Government to intensify its efforts to implement the recommendations of the 2004 Commission of Inquiry, in cooperation with all concerned social partners. He also encouraged the Government to avail itself of the technical assistance of the ILO.

An observer representing the International Trade Union Confederation (ITUC), (President of the Belarusian BKDP), said that in the ten years since the Commission of Inquiry had formulated its recommendations, Belarus had become one of the worst places in the world for the rights of workers and the social partners, particularly due to dismissals and reprisals. Presidential Decree No. 2 had made it impossible for trade unions to develop, union activists were immediately dismissed and workers were threatened unless they returned to state-supporting unions. He emphasized that the State had huge legal and administrative resources which left no chance for worker and union rights to be protected and had denied them the right to picket or participate in 1 May demonstrations for many years. He asserted that the Presidential Decree had created a system of modern-day slavery and, as the direct contacts mission had been able to note, State efforts were all directed towards this. He maintained that since the recommendations of the Commission of Inquiry had been ignored, it was essential for the ILO to send a clear message to the Government in order to ensure the return to trade union rights and to put an end to discrimination and forced labour.

The Government member of Canada recalled that in 2013 Canada had expressed grave concerns at the overall situation of human rights, including labour rights, in Belarus. His Government was still disturbed by continued reports of numerous violations of the Convention, including interference by the authorities in the activities of trade unions and continued barriers to the registration of independent unions. Canada recognized that the Government of Belarus had improved its degree of cooperation with the ILO supervisory bodies by facilitating a direct contacts mission, which had reported to the last session of the Governing Body in March 2014, but which had been unable, in the same way as this year’s report by the Committee of Experts, to report significant progress on any follow-up to the recommendations of the 2004 Commission of Inquiry. His Government therefore urged the Government of Belarus to take the necessary measures to address these serious allegations and to make a real effort to eliminate violations of trade unions rights, including the right of workers to participate in peaceful protests to defend their occupational interests. The Canadian Government also called on the Belarus Government to follow-up on the 2004 Commission of Inquiry recommendations and to fully cooperate with the ILO, while respecting its obligations under the Convention.

The Worker member of the Russian Federation indicated that he was an adviser to his Government and had participated in efforts to form a customs union in the Urals. He noted the agreement between the Governments of Kazakhstan and the Russian Federation and the involvement of workers in those efforts. There were two trade unions representing the Russian Federation at the International Labour Conference, which had different histories and membership, among other things, but which had a shared perspective on what was happening in Belarus. He regretted the failure to make headway and that workers’ opportunities to make progress in the area of collective bargaining were diminishing. In the tripartite conference held under the auspices of the ILO and with the participation of the ITUC and the International Organisation of Employers (IOE), there had been hope of progress, but those expectations had come to nothing. He recalled that the case had been dealt with at the 2013 session of the International Labour Conference. The case concerned a common forum for workers in the Urals to discuss legislation, workers’ rights, etc. Workers in that forum had called on the Government of Belarus to end the violations of workers’ rights and, as a result of the direct contacts mission, certain measures had been adopted, but no further progress had been made. He considered that ILO assistance should be based on the steps taken by Belarus and requested the Conference Committee to take them into account. He concluded by referring to a recent statement by the President of Belarus in which he had considered plans to reintroduce a right of serfdom in agriculture.

The Government member of China noted the strengthened cooperation between Belarus and the ILO since June 2011, which had led to progress regarding the application of the recommendations of the Commission of Inquiry. Particular mention should be made to the easing of the minimum requirements with respect to the exercise of trade union rights, signing tripartite and wage agreements, and undertaking a direct contacts mission. The member States which had ratified ILO Conventions were obliged to implement them and the measures taken by Belarus with a view to applying the Convention should therefore be taken into consideration. In that context, cooperation with the ILO should continue.

The Worker member of Finland, speaking on behalf of the Worker members of the Nordic countries, recalled the tradition of trade union pluralism in the Nordic countries, where the trade unions represented 9 million workers, and the strategic partnership between the BKDP and the Baltic Sea Trade Union Network (BASTUN), which had existed since 2006. This network consisted of representatives of 22 democratic trade union confederations around the Baltic Sea region. The Government had only partially implemented the recommendations made by the Commission of Inquiry in 2004, without any significant progress being made. Belarusian workers faced obstacles to union registration, and intimidation and pressure when they wanted to join unions. Workers were afraid to lose fixed-term contracts when joining unions. The other repressive legislation in force consisted of the Act on Mass Activities and the legislation concerning foreign gratuitous aid, which were not in conformity with the Convention and could be used against independent trade union activities. She urged the Government to implement effectively all the recommendations of the Commission of Inquiry, as the right to organize freely went hand in hand with true democracy.

The Government member of the Bolivarian Republic of Venezuela indicated that the measures taken by Belarus represented considerable progress with respect to the discussions which had previously taken place within the Committee. She was convinced that dialogue would continue to be strengthened, and had already resulted in the full recognition of trade union rights, the improved registration of trade unions and the development of collective agreements and general agreements, in particular the general agreement for 2014–15, which was designed to encourage collective bargaining and dialogue. The acceptance of the direct contacts mission showed good faith on the part of the Government and dialogue had started with the social partners on the mission’s conclusions. The Committee’s conclusions should emphasize the progress and commitments of the Government in relation to compliance with the Convention.

The Worker member of Sudan recalled the various discussions concerning Belarus that had been held over previous years in the Committee and noted the many activities recently carried out by the country’s tripartite partners. The number of trade unions, which represented over 4 million members, was on the rise. Trade union pluralism was a reality, as demonstrated by the existence of trade union federations with different points of view, which allowed them to cooperate by means of social dialogue. Certain aspects of labour law had been revised, particularly relating to the minimum wage. The initiatives taken by the Government were encouraging and deserved to be supported in the future.

The Government member of the Russian Federation noted the significant progress made with regard to the measures taken to ensure full compliance with the Convention and the views expressed by the FPB regarding the effect given to the majority of the recommendations made by the Commission of Inquiry. The ILO direct contacts mission that had taken place in January 2014 had led to consultations with eminent bodies such as the Council of Ministers, the President’s Office and the Office of the Public Prosecutor, which clearly reflected the cooperative spirit of the Government to collaborate with the ILO. Substantive discussions had taken place to solve outstanding individual issues. Necessary conditions had been created to promote freedom of association and social dialogue, which was confirmed by the discussion in this Committee. The Tripartite Council was fully committed to improving labour legislation and all organizations representing Belarus workers and employers had taken part in the general agreement between the Government and the social partners for the period 2014–15. The tone of the Committee’s discussion was therefore artificially inflated, as many accusations against the Government were either unfounded or outdated. Constructive proposals now needed to be taken into account. The ILO should continue providing technical cooperation to resolve the outstanding matters with respect to the application of the Convention.

An observer representing the World Federation of Trade Unions (WFTU) emphasized the achievements attained by the workers in the country with the strong and decisive intervention of the FPB. It should also be emphasized that, although the major European powers were experiencing widespread opposition to adjustments imposed by the EU, Belarus continued to grow and guarantee public health, social security and an unemployment rate of barely 1 per cent. This demonstrated the strength of a planned economy in which the State accepted its role and imposed rules and limits on monopolies. It was for this reason that the EU and the United States wanted to condemn Belarus and the discussion of the present case was merely a pretext. It was inadmissible that the efforts and positive changes achieved had not been recognized by the ILO and that the ILO criticized a country that should serve as an example. Meanwhile, no reference was made to the events in Ukraine, where an attack on trade unions had caused 200 serious injuries. She reaffirmed her complete confidence that Belarus would refuse any aggression similar to that taking place in Ukraine, especially since Belarus had signed the agreement setting up the Eurasian Economic Community with the Russian Federation and Kazakhstan, which would strengthen the integration of those countries. The Government member of the United States recalled the consistent message of the ILO supervisory bodies over the past decade that the Government should intensify its efforts to ensure the application of the Convention in law and practice, and to fully and immediately implement the recommendations of the 2004 Commission of Inquiry. Although pleased that the Government had accepted the ILO direct contacts mission in January 2014, she noted that its findings were disappointing. Although the direct contacts mission had found that the trade union situation had evolved and some of the recommendations of the Commission of Inquiry had been implemented, many underlying issues that had been raised remained unresolved. New problems had arisen, and the direct contacts mission had concluded that no fundamental change or significant progress had been made. Workers in Belarus continued to encounter significant difficulties when trying to organize outside the existing trade union structure and lacked effective protection against anti-union discrimination and interference, which made genuine trade union pluralism impossible. She recalled her request made to the Government in the ILO Governing Body in March 2014 for it to engage in meaningful and sustained cooperation with the ILO aimed specifically at the implementation of the recommendations of the Commission of Inquiry. She urged the Government to make good on its stated commitment to trade union pluralism and social dialogue in the country and to implement the suggestions made by the direct contacts mission.

The Government member of Cuba considered it positive that the Government had accepted the visit of a direct contacts mission and assistance from the ILO with a view to the effective implementation of the recommendations of the Commission of Inquiry. Recognition should be given to the progress that had been made in strengthening social dialogue, improving the indicators relating to trade union registration, developing collective labour relations and tripartite cooperation, in particular the participation of the social partners in the drawing up of the general agreement for 2014–15 concluded at the end of 2013. The efforts made should be complemented by greater technical assistance from the ILO and support from other countries that were in a position to help, adopting a respectful approach of collaboration and dialogue that was conducive to genuine international cooperation. Furthermore, if the supervisory machinery was to contribute towards enhancing the culture of compliance with the Conventions, special attention had to be given to the need to take steps to prevent considerations not directly linked to the issues concerned from obstructing the cooperation and interchange that should take precedence within the Committee.

The Worker member of the Bolivarian Republic of Venezuela expressed his concern and interest in the workers’ situation in Belarus. The two countries maintained productive exchanges following the installation of Belarusian factories in his country and the training of Venezuelan workers in technology in Belarus. He therefore endorsed the position of the FPB and of other members of the Committee regarding the Government’s progress in applying the Convention. The participation of the social partners in the dialogue at the national level and with the ILO was a welcome development, and there was reason to hope that the situation would continue to improve.

The Worker member of Poland recalled the recommendations made by the Commission of Inquiry ten years ago and the hope raised by the acceptance by the Government of the direct contacts mission held in January 2014. She expressed her disappointment that the report of the direct contacts mission indicated that the Government did not intend to amend acts and decrees of crucial importance, and that obstacles to the registration of new workers’ organizations remained. Statements made by the Government indicating that the recommendations of the Commission of Inquiry were outdated and should be reviewed in the light of the country’s realities, showed its unwillingness to implement any recommendations whatsoever. Since the direct contacts mission, realities in the country had become worse. The Government was expected to fulfil its outstanding obligations if it wanted to be taken seriously and obtain respect. Under the current conditions, permanent requests by the Government for ILO technical assistance without a simultaneous commitment to produce results were inappropriate and not justified. The Government should therefore stop benefitting from ILO technical assistance unless it guaranteed full and immediate implementation of all the recommendations made by the Commission of Inquiry. If not, the possibility of applying other provisions of the ILO Constitution could be considered by the Committee. She also commented on a remark made by the Employer member of Belarus who had claimed that there was equal treatment of unions in Belarus. While employers negotiated with all trade unions, the final collective agreement was signed only by the most representative trade union, and thus in most cases only covered its members. This constituted an explicit example of anti-union discrimination and had nothing to do with equal treatment between trade unions.

The Government representative called for the discussion concerning the case in question to be carefully considered by the Committee and for its members to demonstrate greater objectivity with regard to the situation in his country. In that respect, the statement that respect for union rights continued to deteriorate was without grounds and the direct contacts mission had moreover indicated that the situation was improving. In addition, while there were differences between the interested parties concerning the number of recommendations of the Commission of Inquiry that had already been implemented, no one had disputed that some recommendations had been effectively applied. In all industrial relations systems, it was natural that tensions arose in certain enterprises and in that regard Belarus was no exception. However, the Government was in no way the source of those disputes and the allegations of interference were especially unfounded. Furthermore, while dismissals were carried out throughout the country, cases of anti-union dismissal were isolated and qualified for redress through both the courts and the Ministry of Labour. In that regard, it would also be helpful for the social partners to examine contentious cases in the Tripartite Council. It should also be noted that the conclusions of the direct contacts mission conducted from 27 to 31 January 2014 by experts in industrial relations had been supported by all the social partners. The Government and the social partners had undertaken work to implement them, particularly through seminars to facilitate the application of the recommendations of the Commission of Inquiry. Therefore, in respect of recommendations Nos 5 and 7 of the Commission of Inquiry, seminars on tripartite conflict resolution would contribute to the more efficient operation of the Tripartite Council; seminars for judges and members of the prosecution services would contribute to the application of recommendations Nos 4 and 8; and activities relating to collective bargaining within enterprises would allow relations between the social partners to be more effectively regulated and would contribute to the implementation of recommendations Nos 6 and 11. The full benefits of the practical application of the conclusions of the direct contacts mission would only be reaped, however, if all the social partners participated. In that regard, the BKDP had shown its inconsistency by being the only body to contest the holding of an international tripartite seminar on compliance with international labour standards. Lastly, the Government called on the Committee to support cooperation with all the social partners and the ILO, and reaffirmed its adherence to fundamental ILO principles, for the implementation of which it would take all the necessary measures.

The Worker members expressed their deep concern regarding the current case and shared the concerns of the BKDP on the following points: of the 12 recommendations made by the Commission of Inquiry ten years ago, only three, one of which was of minor importance, had been implemented; the harassment endured by the independent trade unions had never stopped and had become more sophisticated; and state policy continued to prevent trade union pluralism and independent trade unions were sidelined. New organizations were no longer registered, the pervasive use of fixed-term contracts (through which current and potential independent trade union members were denied employment) impeded trade union affiliation, and the official trade union federation was being used as a tool to prevent the participation of independent trade unions in social dialogue and collective bargaining. The Government, for its part, claimed that the recommendations of the Commission of Inquiry were no longer relevant, about which it would be interesting to ask the opinion of the Commission itself, and which reflected, above all, the lack of will by the Government to give them effect. Faced with that attitude, the Worker members called on the ILO to stand by its recommendations and asked the Government to finally implement them through the following actions: adapting legislation and regulations in force concerning, in particular the Decree on trade union registration, the Decree on foreign gratuitous aid, the Act on Mass Activities and the provisions in the Labour Code affecting the rights of trade unions to organize their activities in full freedom; assigning concrete responsibilities to the Tripartite Council, which should also be competent to deal with cases of anti-union discrimination and registration of trade unions; and increasing social national dialogue and collective bargaining with the full inclusion of independent trade unions. In those circumstances, the Government should send a detailed and comprehensive report to the Committee of Experts on the development of the situation for its next meeting in 2014. Lastly, the depth of concern expressed during the discussion meant that the Committee’s conclusions on the case should once again be included in a special paragraph of the Committee’s report.

The Employer members thanked the Government for its submissions, noted the diversity of views heard, and reaffirmed the seriousness of the case regarding the application of the Convention in Belarus. In 2013, the Employer members had been optimistic about the developments that had taken place since 2007, and by the desire expressed by the Government to move forward on the recommendations made by the Commission of Inquiry in 2004. The Employer members had hoped to remain optimistic after the acceptance by the Government of the direct contacts mission held in January 2014. Progress related to the recommendations of the Commission of Inquiry had been noted, although it was very slow, despite the conclusions adopted by the Conference Committee in 2013 calling for progress in law and practice. They called on the Government to seize the opportunities following the direct contacts mission and to accelerate its efforts to achieve full compliance with the provisions of the Convention. They recalled the essential role of social dialogue, which should be continued in the framework of the Tripartite Council based on updated legislation. Full legislative compliance with the Convention should be complemented by intensified tripartite contacts and full participation of social partners, as well as ILO technical assistance. While looking forward to hearing from the Government on the efforts made to resolve the issues raised by the Commission of Inquiry, the Employer members did not oppose the inclusion of the Committee’s conclusions in a special paragraph of its report, as proposed by the Worker members.

Conclusions

The Committee took note of the written and oral information provided by the Government representative and the discussion that ensued.

The Committee took note of the comments of the Committee of Experts and of the report transmitted to the Governing Body in March 2014 of the direct contacts mission, which visited the country in January 2014 with a view to obtaining a full picture of the trade union rights situation in the country and assisting the Government in the rapid and effective implementation of all outstanding recommendations of the Commission of Inquiry.

The Committee noted that in the light of the findings and concrete proposals formulated by the direct contacts mission, the Government has accepted ILO technical assistance to conduct a series of activities aimed at improving social dialogue and cooperation between the tripartite constituents at all levels, as well as enhancing knowledge and awareness of freedom of association rights. The Committee took note of the Government’s statement that these activities would contribute to the effective implementation of the recommendations of the Commission of Inquiry. The Government considered, in particular, that: a seminar for the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere would improve its effectiveness and thus assist in addressing Recommendations Nos 5 and 7; training for judges, prosecutors and lawyers would assist in implementing Recommendations Nos 4 and 8; and an activity on collective bargaining would allow the elaboration of a set of guidelines on collective bargaining to ensure that trade union pluralism is respected in practice, thus addressing Recommendations Nos 6 and 12.

Noting the Government’s stated commitment to social dialogue and cooperation with the ILO, the Committee expressed the hope that these activities would give rise to concrete results. The Committee hoped, in particular, that the Tripartite Council would evolve into a forum where solutions could be found at the national level, including as regards cases of anti-union discrimination and issues relating to trade union registration. The Committee expected that amendments would be made to Presidential Decree No. 2 dealing with trade union registration, Decree No. 24 concerning the use of foreign gratuitous aid, the Law on Mass Activities and the Labour Code, in line with the provisions of the Convention. The Committee called upon the Government to continue engaging with the ILO, to intensify its cooperation with all the social partners in the country and to accelerate its efforts towards rapid and effective implementation of the outstanding recommendations of the Commission of Inquiry.

The Committee invited the Government to submit detailed information on the results of the abovementioned activities and all other measures taken to implement the outstanding recommendations of the ILO supervisory bodies to the Committee of Experts at its meeting this year and trusted that it would be in a position to note significant progress with respect to all remaining matters at its next session.

The Committee decided to include its conclusions in a special paragraph of the report.