Individual Case (CAS) - Discussion: 2022, Publication: 110th ILC session (2022)

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

Written information provided by the Government

The Government of Belarus has considered the report of the Committee of Experts of 2022 and has to state again with great regret that, as before, the arguments of the Belarusian side regarding compliance with the Convention, the implementation of the recommendations of the Commission of Inquiry and the situation after the presidential elections in 2020 have not taken into account.

The position on the Belarusian case is formed solely on the basis of complaints from the Belarusian Congress of Democratic Trade Unions (BKDP), the International Trade Union Confederation (ITUC), IndustriALL Global Union and other structures. Their assessments and allegations are often conditioned by political motives, and their leaders’ views regarding the path of development and the geopolitical choice of Belarus are biased, incorrect and should not be used as a guideline for the formation of an objective perception of the situation in the country.

Today, it is obvious that the sharp negative shift in the assessments of the ILO supervisory bodies in relation to Belarus is associated exclusively with the political events that took place in the country.

The Government insists that such an approach is unfair, counterproductive, absolutely unacceptable and can become a serious obstacle to the further development of constructive interaction on the implementation of recommendations, both within the country and with representatives of the ILO.

Events of a purely political nature, not related to the processes of social dialogue in the field of labour, should not be the basis for assessing the situation with respect to the Convention.

At the same time, complaints received by the ILO testify to the desire of their authors to deliberately and unreasonably draw political issues into the sphere of competence of the ILO in order to ensure pressure on the country through this authoritative international organization.

Taking into account the above information, as well as the recommendations of the Committee of Experts, the Government considers it necessary to submit the following comments.

Implementation of the recommendations of the Commission of Inquiry

The Government notes with deep regret the negative assessments of its ongoing efforts to build constructive interaction with the social partners and the ILO in order to implement the recommendations addressed to the Belarusian side.

The Government pays due attention to the comments and recommendations of the ILO supervisory bodies. At the same time, the ILO bodies should take a more critical approach to the content of incoming complaints and should not build their position on the basis of unconfirmed data. Complaints by trade unions are not always caused by an objective situation and do not always reflect the real state of affairs.

We believe that the open position and readiness of the Government for constructive dialogue with the social partners and the ILO are a good basis for continuing interaction on the implementation of the recommendations of the Commission of Inquiry, the essence of which involves the long-term and systematic work of all those concerned to improve social dialogue with the obligatory consideration of realities and national interests of Belarus.

The Government has already taken a number of specific targeted steps, as a result of which some of the recommendations have been fully implemented, and significant progress has been achieved in the implementation of the rest.

Thus, the recommendations of the Commission of Inquiry have been brought to the attention of the general public. Systematic steps have been taken to inform representatives of the judiciary and prosecution authorities about the need to carefully consider complaints of anti-trade union discrimination. An additional mechanism for the protection of trade union rights has been introduced – the Council for the Improvement of Legislation in the Social and Labour Sphere has been entrusted with the function of a tripartite independent body that enjoys the confidence of all interested parties. Measures have been taken to liberalize the process of the registration of trade unions – the Republican Registration Commission has been abolished, and the requirement for at least 10 per cent of the total number of employees to form a trade union has been cancelled. The Government constantly monitors issues of interaction between the administrations of enterprises and trade unions, clearly delineating its position on the inadmissibility of interference by enterprise managers in the activities of trade union organizations.

It must be emphasized that all this time the Government has clearly followed the agreements reached and the plans developed jointly with the ILO to implement the recommendations.

As a result of the work of the direct contacts mission in the country in 2014, with the support of the ILO, a number of international technical cooperation activities were carried out aimed at implementing specific recommendations of the Commission of Inquiry.

Despite the fact that at the moment the proposals of the direct contacts mission have been successfully implemented, the Government is interested in continuing interaction with the ILO, both on the implementation of the recommendations, and on a wider range of issues that meet the goals and objectives of the Organization.

The Government reaffirms its commitment to fundamental principles and rights at work and expresses its readiness to continue constructive engagement with the social partners and the ILO on issues of concern, as well as on a wider range of social and labour issues, subject to the obligatory condition of taking into account the realities and sovereign interests of the Republic of Belarus.

Commission of Inquiry’s recommendation No. 8

Bringing to justice those who break the law

The ILO supervisory bodies refer in their recommendations to the Commission of Inquiry recommendation No. 8, according to which adequate protection or even immunity against administrative detention should be guaranteed to trade union officials in the performance of their duties or when exercising their civil liberties.

It should be noted that this recommendation in no way refers to the release of trade union workers from liability in case they commit unlawful acts. Moreover, the need to respect the rule of law in the exercise of the rights recognized by the Convention is enshrined in Article 8(1) of the Convention.

In this regard, we consider it necessary to emphasize that any allegations that trade union activists were held accountable solely for participating in peaceful protests and legal strikes are untrue and completely unfounded. There were serious legal grounds for bringing to justice citizens whose actions were unlawful.

Accordingly, any calls to release and drop all charges against trade union activists who, it must be emphasized, were held accountable for specific acts of violation of the law, seem to be absolutely unfounded.

Impartial and independent judiciary, fair trial

The principle of the rule of law is respected in Belarus. The State guarantees the rights and freedoms of citizens, enshrined in the Constitution, laws and stipulated by international obligations.

By virtue of the provisions of article 60 of the Constitution, everyone is guaranteed the protection of his/her rights and freedoms by a competent, independent and impartial court.

Judges in the administration of justice are independent and subject only to the law. Interference in the activities of judges is unacceptable and entails liability under the law.

The trial of cases in all courts is open. Hearing of cases in a closed court session is allowed in cases specified by law, in compliance with all rules of legal proceedings.

Justice is delivered on the basis of an adversarial procedure and the equality of the parties in the process.

Judicial decisions are binding on all citizens and officials.

The parties and persons participating in the process have the right to appeal against decisions, sentences and other judicial decisions.

There are no obstacles for citizens to apply to the court.

Registration of trade unions

Consideration of registration issues within the framework of the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere

In Belarus, at the level of legislation, everything necessary has been done to ensure that trade unions and their organizational structures successfully pass the procedure of state registration.

Decisions affecting the right of citizens to join trade unions are taken in strict accordance with the current legislation, based on the principle of maximum consideration of the interests and rights of citizens and trade unions.

In order to expand the possibilities of trade unions in terms of obtaining a legal address, they are given the opportunity to be located not only at the address of the employer, but also in any other place.

As practice shows, the need to confirm the presence of a legal address today is not an obstacle to the registration of trade unions.

Denials relating to registration are rare and have objective reasons, in the vast majority of cases not related to the lack of confirmation of a legal address. The main reasons for denials are non-compliance by trade unions with the provisions of the law regarding the procedure for creating trade union organizations and submitting all the necessary information and documents to the registration authorities.

Since, if the procedure for creating a trade union is followed, documents for registration after the elimination of identified shortcomings can be submitted to the registration authorities again, the refusal to register a trade union is not equivalent to a ban on the creation of a trade union (its organizational structure) and is not an insurmountable obstacle to registration.

Issues of registration of trade unions can be considered within the Tripartite Council when this body resumes its work (after the improvement of the epidemiological situation).

At the same time, consideration of any issue within the framework of the Council is expedient only if materials submitted by the parties to the Council really confirm the existence of a problematic issue. Otherwise, the members of the Council will have no reason to consider and discuss the relevant agenda item.

Organization and holding of public mass events

Receiving and using foreign gratuitous aid

The Government notes with regret that its arguments regarding the possible destructive consequences of the implementation of recommendations aimed at weakening state control over funds entering the country from abroad and removing responsibility from trade union structures for violating the law during mass events have not been taken into account.

The procedure established in the country for receiving foreign gratuitous aid is unreasonably linked to Articles 5 and 6 of the Convention. These Articles do not contain provisions on the right of trade unions to freely receive financial or other assistance for political and agitation work among the population.

The legislation of the country does not prohibit the receipt of foreign gratuitous aid by trade unions. At the same time, the legislation defines the conditions (purposes) for the use of foreign gratuitous aid, and also provides that such aid must be registered in the prescribed manner. The registration procedure is simple and can be carried out in a short time.

There are no records of refusals for trade unions to receive foreign gratuitous aid. There were no cases of liquidation of trade unions for violating the procedure for its use.

At the same time, providing external forces with the opportunity to sponsor mass events in the country can be used to destabilize the socio-political and socio-economic situation, which, in turn, will have an extremely negative impact on the life of society and the well-being of the citizens.

The ban on receiving and using foreign gratuitous aid for purposes involving political and agitation work is due to the interests of national security, and the need to exclude opportunities for destructive influence by external forces in order to destabilize the socio-political and socio-economic situation.

The current procedure for organizing and holding mass events in the country does not conflict with the principles of freedom of association and is fully consistent with the provisions of the International Covenant on Civil and Political Rights.

The norms of the legislation providing for punishment for violating the procedure for organizing and holding a mass event, which entailed serious negative consequences, are aimed at preventing socially dangerous illegal acts that pose a real threat to the life and health of citizens.

When holding mass events, trade unions are obliged to observe public order and, a priori, should not allow actions as a result of which the event may lose its peaceful character and cause serious harm to citizens, society and the State.

The punishment provided by law for organizers of mass events for causing significant damage, harm to the rights and interests of citizens and organizations, as well as to the State or public interests, is not and objectively should not be interpreted as a deterrent for citizens and trade unions to exercise their right to freedom of peaceful assembly.

The decision to terminate the activities of a trade union for violating the law on mass events which caused serious damage, significant harm to the rights and interests of citizens, organizations, society and the State, can only be taken in court.

The amendments made to the Law “On Mass Events” do not contain provisions prohibiting citizens from exercising their right to peaceful assembly in order to protect their rights and legitimate interests. The amendment of the Law is directed against organization, preparation and commission of actions encroaching on the independence, territorial integrity, sovereignty of the State, the foundations of the constitutional order and public security through the organization of mass riots, the implementation of acts of vandalism associated with damage or destruction of property, the seizure of buildings and structures, as well as other actions grossly violating public order, or active participation in them.

Taking into account the unprecedented political and economic pressure on Belarus aimed at undermining its economic potential, slowing down development and lowering the living standards of the citizens, we believe that the easing of responsibility for violating the procedure for holding mass events and removing restrictions on the use of foreign financial assistance for political and agitation work will help create the conditions to strengthen external destructive influence on the situation in the country, which does not meet the national interests of Belarus.

Right to strike

The current procedure for organizing and conducting strikes in Belarus does not contradict international labour standards and allows citizens to fully exercise their right to hold a legal strike in order to resolve a collective labour dispute that has arisen.

According to Article 8 of the International Covenant on Economic, Social and Cultural Rights, States are obliged to ensure the right to strike, provided that it is exercised in accordance with the laws of each country.

In Belarus, a strike is a temporary voluntary refusal of employees to perform work duties (in whole or in part) in order to resolve a collective labour dispute (article 388 of the Labour Code).

According to section 22 of the Law on Trade Unions, trade unions have the right to organize and conduct strikes in accordance with the law, while political demands are prohibited during strikes initiated by trade unions.

The ban on putting forward political demands during a strike is also enshrined in the third part of section 388 of the Labour Code of the Republic of Belarus.

The unauthorized protest actions that took place in the Republic and the attempts to organize a strike movement at enterprises without taking into account the requirements of the law have nothing to do with the implementation of trade union rights and freedoms to protect the labour, social and economic interests of citizens and are not at all correlated with the tasks that trade unions are called upon to undertake.

The organizers of illegal protest action in enterprises, pursuing purely political goals far from realizing the rights and freedoms of workers, deliberately mislead workers about the legality of such actions, replacing such legal concepts as a strike and a mass event.

For their part, the authorities have repeatedly appealed to citizens with a request to respond in a balanced and prudent manner to incoming calls for participation in mass events called a strike movement, not to succumb to provocations that push to cause economic damage to enterprises and the State and the violation of the rights and interests of other citizens.

The implementation of proposals to legalize political strikes will not so much contribute to the exercise of the right of trade unions to complete freedom of their activities, as create additional opportunities for abuse by various destructive structures and will be used to undermine the economic potential of the Republic, which does not meet the interests of any of the parties to social dialogue.

The information presented in the trade union complaints about citizens allegedly suffering from discrimination, pressure and repression just for exercising their right to participate in a peaceful strike does not correspond to reality.

There were no legal strikes in the enterprises of the Republic.

The citizens, represented in the complaints as workers who suffered from repressive actions on the part of employers and the State, are justifiably subject to disciplinary and (or) administrative liability for specific violations of labour discipline and other provisions of the law.

In this regard, it seems illogical, incorrect and completely unfounded to talk about the fact that these workers were subjected to repressive measures for the mere fact of participating in allegedly peaceful and legal strikes and, accordingly, must be released, reinstated in work (etc.) with the provision of compensatory payments.

Consultations with workers’ and employers’ organizations

In the Republic of Belarus, a system of social partnership has been created and is successfully functioning, within the framework of which government bodies, associations of employers and trade unions interact in the development and implementation of the socio-economic policy of the State.

The development of draft normative legal acts regulating social and labour issues is carried out with the direct participation of the social partners.

With regard to the proposals to amend the Regulations of the Council of Ministers of the Republic of Belarus (approved by Ordinance No. 193, of 14 February 2009), we consider it necessary to reiterate that draft resolutions of the Government on issues affecting the labour and socio-economic rights and interests of citizens, in accordance with the above Regulations, are sent for possible comments and (or) proposals to the Federation of Trade Unions of Belarus (FPB), as a national trade union centre – the largest republican voluntary independent association of trade unions, representing the interests of more than 4 million people, that is, as the most representative organization of workers.

This approach does not contradict any principles or norms and allows the interests of the workers to be taken into account to the maximum extent during consultations and during the development of legislative acts.

Labour dispute settlement

The Government once again confirms its interest in continuing joint work with the social partners and the ILO to improve the system for resolving labour disputes.

The Government highly appreciates the assistance of the ILO in terms of improving the work of the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere, which was created with the advisory support of the ILO as a body that enjoys the confidence of all parties, to consider the implementation of the recommendations of the Commission of Inquiry and resolve other issues of interaction with the social partners, including consideration of incoming complaints.

Thus, at this stage, it is the Tripartite Council that is the body (outside judicial procedures) that considers issues raised by trade unions. At the same time, the Government is ready to move forward along the path of the further improvement of this function of the Council or through the creation of another structure.

The Government looks forward to continuing an open and constructive dialogue with the ILO in order to ensure the further progressive and harmonious development of the Republic of Belarus, and the well-being and prosperity of its citizens.

At the same time, the Government is extremely concerned at the fact that today a number of countries, foreign structures and organizations, instead of developing mutually beneficial cooperation, strengthening global solidarity and coherence of policies in the economic, social and other spheres, are actively contributing to the destabilization of the situation in the Republic of Belarus.

An aggressive and large-scale information attack has been launched against our country, and steps are being taken to form an extremely negative image of the State in the international arena. The purpose of all these actions is to justify the unprecedented and unreasonable sanctions against Belarusian enterprises, organizations and officials.

Much to the regret of the Government, unfriendly countries and various structures are actively using the platform of the ILO to put forward unfounded accusations against the Republic of Belarus that have nothing to do with the real situation.

Taking into account the current situation, the Government would be grateful to ILO bodies for an unbiased attitude towards the processes taking place in the country and for refusing hasty critical assessments of the actions of national authorities aimed at restoring law and order in the country.

The Government calls for objective and comprehensive consideration of the so-called “Belarusian case”, taking into account all the arguments, comments and information presented by the Government.

Discussion by the Committee

Interpretation from Russian: Government representative, Minister of Labour and Social Protection – Thank you for giving me the opportunity to speak in the Committee on Belarus’ application of the Convention and the application of the findings of the Commission of Inquiry.

Last year, criticism was levelled at the Government and recommendations were handed down. I hope that we will be in a position to report progress, and I will endeavour to do so. I am sure that everybody will have familiarized themselves with the findings of the Commission of Inquiry and will understand that the situation is contrasting.

Firstly, with regard to the recommendations, the Belarusian Government informed the ILO that the application of the findings would take into account the real situation and the potential harm to national interests. Indeed, among the 12 recommendations, there are some which did not spark any doubt as to their possible application. They were clearly and quickly applied. For example, we disseminated the findings of the Commission of Inquiry rapidly and widely with steps taken to inform the judiciary and the Prosecutor’s Office of the need for detailed review of complaints of possible anti-union discrimination and to this end, together with the ILO, a series of seminars were organized.

In terms of the simplification of registration, decisions were taken to amend the legal requirement of 10 per cent of employees to create a trade union. Some, among the 12 recommendations, require actions of a more comprehensive nature across the board. For example, the Government of Belarus intends to review the legal system and the dispute resolution system working with the social partners. It is evident that such recommendations involve systemic liaison with the social partners with no definite time frame for implementation. For many countries, not just Belarus, this is an ongoing area of work.

With regard to the recommendations concerning the legislation on mass events, I would underscore that in Belarus there is no separate set of rules. All are equal before the law and all are equally obliged to observe it. With regard to foreign gratuitous aid, there is no legal prohibition on its reception, but the law clearly defines the purposes of its use and its registration. I would underscore that these rules and regulations apply to all legal persons.

An area of concern levelled by the Committee of Experts relates to the fact that the alleged prohibition of the receipt of foreign gratuitous aid is in violation of the Convention. I would like to note that, although there are currently difficulties with the application of the conclusion of the Committee of Experts, the liquidation of trade unions can only be decided upon by court order. Over the last 20 years, there has been no instance of the liquidation of a trade union for misuse of foreign gratuitous aid.

Turning now to the issue of mass events, the current Belarusian legislation in this area does not in fact pose a hindrance to freedom of assembly. There are certain limitations on the purposes and may have their roots in state and public safety and security and are fully in line with international standards on civil and political rights. The liquidation of trade unions for the organization of mass events is also something that has not happened. As such, the practice of the application of our regulation speaks for itself.

I would like to talk now about strikes. The issue of strikes is not covered by the recommendations. However, for various years, the Committee of Experts has called for various amendments to the Labour Code with regard to the regulation of the organization and holding of strikes. Here, the Government’s position is clear-cut and well known. All the necessary guarantees of a citizen’s right to strike in Belarus are provided for by constitutional provisions as well as the Labour Code and the Law on trade unions. A strike is an extreme dispute resolution possibility – a last resort – and there are therefore conditions in place for dispute settlement through talks and conciliation. We believe that the Belarusian legislation in this area does not pose any hindrances to the observance of ILO standards.

Another important issue that I would like to draw your attention to is the following. The issue of the application of the recommendations has always developed in a positive way. In 2009, the tripartite Council for the Improvement of Legislation in the Social and Labour Sphere was set up. Its terms of reference were designed in liaison with the social partners and the ILO. The Council has served as the main forum for discussion of topical issues of application of rights, including freedom of association and the implementation of the recommendations of the Commission of Inquiry, as well as possible legislative changes. These positive steps were noted by the Committee.

In 2009, progress was found in terms of Belarus’ implementation of the findings of the Commission of Inquiry. The direct contacts mission to Minsk in 2014 also noted elements of trade union pluralism. These are some of the positive steps taken by the Government to promote tripartism. Another example concerns the fact that, in 2017, Belarus was not on the shortlist for the first time, and the reporting obligations on the Convention were subject to a regular reporting cycle.

There is an understanding within the ILO that the situation with regard to the implementation of the findings of the Commission of Inquiry has taken a positive turn. Belarus has shown goodwill in terms of further cooperation. In 2019, we marked the ILO Centenary; this major event was followed by the ratification of the Holidays with Pay Convention (Revised), 1970 (No. 132), and the Safety and Health in Mines Convention, 1995 (No. 176). These Conventions entered into force in February last year.

Two further major events took place – a tripartite conference on social dialogue and a sitting of the Tripartite Council at the regional and branch levels involving consultation with ILO officials on the issues of tripartism. A great deal has been done to further our work with the ILO and the Government’s efforts in this regard have been duly noted by the ILO.

However, unfortunately, in 2020 the ILO supervisory organs changed their tune negatively and it is quite evident that the political events are at the root of this. After the political election in August 2020, the destructive opposition forces attempted to seize power in the country which led to the organization of unlawful street protests. I draw your attention to the fact that such protests had no connection with trade union rights and freedoms and in that situation, the State took all the necessary steps to guarantee law and order and to avoid chaos and the destabilization of the situation in the country.

At the current time, the Republic of Belarus is going through a challenging period. Western countries, first and foremost, members of the European Union (EU) and the United States of America and their representative trade unions, are seeking to impose unilateral coercive measures to cause harm not only to enterprises, but also to ordinary people and to generate tensions in our society.

We are deeply concerned to note that this sort of pressure is being brought to bear on Belarus in the form of the discreditation of our country on an unfounded basis. It is well known that the Belarusian opposition members who are abroad are critically involved in seeking to undermine the efforts of the Belarusian Government by using article 33 of the ILO Constitution to achieve their political objectives.

Such attempts can cause serious harm to the ILO’s authoritative position by indicating that countries or groups of countries are able to manipulate the ILO for their own ends. The Government of Belarus calls upon the Committee to prevent attempts to politicize its work. The Committee should work exclusively within its remit.

The Government of the Republic of Belarus stands ready to engage in constructive partnership that is not just a matter of empty words. The Republic of Belarus is a long-standing Member of the ILO and has been promoting fundamental principles and rights at work. Belarus has ratified all the fundamental Conventions. The country has put in place a comprehensive package of social protection covering all areas of human endeavour and has a very low level of unemployment. It is quite clear that Belarus has been able to achieve significant improvements and developments in terms of upholding the fundamental principles and rights at work.

Worker members – The Government of Belarus continues to violate its obligations under the Convention with impunity. The Committee has already discussed the application of the Convention by Belarus in 2005, 2006, 2007, 2008, 2009, 2010, 2013, 2014, 2015 and 2021, and prior to 2005, our Committee discussed Belarus in respect of this Convention in 1997, 2001, 2002 and 2003, leading to the establishment of a Commission of Inquiry by the Governing Body in 2003, and the adoption of the report of the Commission of Inquiry in 2004. Our Committee is called upon to discuss this case yet again.

During our discussions last year, the representative of the Government of Belarus issued ominous threats to the independent trade unions after having called them the enemies of the State. We condemned the threats and brought them to the attention of the Office and the Director-General.

Today, the situation for independent trade unions, their leaders and members in Belarus has deteriorated dramatically. The Government is engaging in the repression and intentional and systematic destruction of independent trade unions in Belarus.

All independent trade unions, their leaders and members are under relentless attack. On 19 April 2022, more than 20 leaders and activists of the Belarusian Congress of Democratic Trade Unions (BKDP) were detained by the State Security Committee, including Alexander Yaroshuk, the President of the BKDP and a member of the ILO Governing Body, Siarhei Antusevich, Vice-President of the BKDP, and Gennady Fedynich, leader of the Radio and Electronic Industry Workers’ Union (REP Union). They and others have been charged under section 342 of Part 1 of the Criminal Code for the organization and preparation of acts seriously disrupting public order or active participation in them, and this charge carries the threat of a prison sentence of up to four years.

On 13 May, the BKDP Council met and appointed the Belarusian Independent Trade Union of Miners and Chemical Workers (BNP) Chairperson, Maxime Pazniakou, as acting President.

On 17 May, Maxime Pazniakou was already arrested by the state authorities. He was sentenced to 15 days of administrative detention on 19 May and that sentence should have expired by today, but he was sentenced to another 15-day period.

On 18 May, the Vice-Chairperson of the REP Union, Zinaida Mikhniuk, was found guilty under section 368 of the Criminal Code of insulting the President of the Republic of Belarus. She was sentenced to two years’ imprisonment in a general security penal colony.

On 19 May of this year, prosecutors demanded that the BNP hand over trade union documents, including details of union members; similar requests were sent to other BKDP affiliates, such as the Free Trade Union of Belarus (SPB) and the Free Trade Union of Metal Workers (SPM).

These demands were made, even though all the trade union documents had already been seized by the specialized security forces during searches on 19 April, one month earlier.

On 25 May of this year, security operatives arrived at the office of the BNP located in Soligorsk and Alexander Mishuk, Chairperson of the BNP at JSC “Belaruskali”, was taken away with no further information given. Trade union officers were searched, mobile phones and other devices of union office employees were confiscated, and the employees had to sign non-disclosure agreements.

Earlier, in April this year, the regime designated the REP Union as an extremist organization and banned all its activities. When the REP Union leadership questioned the justification for such designation, the state security apparatus intensified its searches and detentions in response.

This extensive list of intentional, systematic, unjustified and unacceptable attacks on the independent trade unions of Belarus dates only from the last two months and we are deeply concerned for the physical integrity and health of our colleagues. We demand the immediate release of all union leaders and officials and the withdrawal of all charges.

As a matter of urgency, the Government must invite the ILO to visit those colleagues in prison and to ascertain their condition. Colleagues who have been convicted must have their convictions quashed. Moreover, the Workers’ group wishes to highlight the continuing lack of progress with the implementation of the observations and recommendations of the ILO supervisory bodies. Workers in Belarus are still denied the right to participate in peaceful demonstrations and to organize trade union meetings.

In the Committee’s discussion of Belarus last year, we came to the firm conclusion that recent developments indicated a step backwards and of further retreat by the Government from its obligations under the Convention, and we urge the Government to take all necessary steps before this Conference to fully implement all the outstanding recommendations of the Commission of Inquiry, and the Committee decided to include its conclusions in a special paragraph of its report.

In a March 2021 report on Belarus, the Committee on Freedom of Association (CFA) expressed deep regret at the serious retreats on the part of the Government of Belarus from its ILO constitutional obligations and its commitment to implement the Commission of Inquiry recommendations.

We are deeply alarmed that, not only is the Government not implementing the recommendations of the Commission of Inquiry and indeed the observations of the supervisory system, but it is also undertaking trade union elimination with respect to independent trade unions. A leader of an independent trade union is considered an automatic security threat and hounded by security forces to either go into exile or go to prison.

We can give you an example of the impunity of the Government of Belarus in relation to its obligation under international labour standards: while recommendation 8 of the Commission of Inquiry calls for measures to be taken to release all trade unionists who remain in detention and to drop all charges related to participation in peaceful protests and industrial action, the Government has doubled down and is engaging in mass arrests of leaders and members of trade unions.

Further, workers in Belarus still do not enjoy the right to establish unions without previous authorization, which contravenes the Convention, as well as recommendation 2 of the Commission of Inquiry.

The Government is not taking any steps to address previous observations of the Committee of Experts, and the conclusions adopted last year by the Committee.

In relation to obstacles to trade union registration created by the requirement of a legal address, we note that there are new cases of refusals to register primary organizations of the BKDP affiliates since the last sitting of this Committee. The registration of several trade unions was recently revoked. The Government has failed to provide information to the supervisory system, including in its reports to the Committee of Experts on the legislative reforms requested by the Committee last year. There has been no progress at all.

Regressive legislative developments continue to be in place, such as the Presidential Decree that still requires previous authorization for registering gratuitous aid and restricts the use of such aid. The Law on mass activities further restricts the holding of public events and so on. The Criminal Code has been amended with new restrictions and penalties. The Government has done nothing to amend the Labour Code in order to make it compliant with the Convention.

To conclude, 18 years after the Commission of Inquiry, the Workers’ group’s conclusion is that no progress has been made with respect to the implementation of its recommendations. On the contrary, the situation has deteriorated dramatically in both law and practice. The impunity shown to the supervisory system as a whole, needs to be urgently addressed.

Our discussion of this case today must send a clear signal that the Constitution and the supervisory system of the ILO must be respected, and appropriate measures taken in this regard.

Employer members – I would like to thank the Government representative for her submissions on behalf of the Government of Belarus.

As the Worker members have noted, the Committee of Experts has issued 14 observations on this case since 1997 and the most recent discussion of the case of Belarus and its application of the Convention by the Committee took place in 2021.

In its 2021 conclusions, the Committee expressed its deep concern that 17 years following the Commission of Inquiry’s report, Belarus had failed to take measures to address most of the Commission’s recommendations. In its 2021 conclusions, the Committee urged the Government to: restore, without delay, full respect for workers’ rights and freedoms; implement recommendation 8 of the Commission of Inquiry guaranteeing adequate protection against administrative detention for trade union officials in the performance of their duties and exercising their civil liberties; take measures for the release of all trade unionists who remain in detention and the dropping of charges related to participation in peaceful protest action; refrain from the arrest, detention or engagement in violence, intimidation or harassment, including judicial harassment of trade union leaders and members conducting lawful trade union activities; as well as the requirement to investigate, without delay, alleged instances of intimidation or physical violence, through an independent judicial inquiry.

In addition, the Committee’s 2021 conclusions called on the Government to ensure that there remained no obstacles to the registration of trade unions either in law or in practice. Additionally, the Committee’s 2021 conclusions also addressed the issue of the demand by the President of Belarus for the creation of trade unions in all private companies by 2020 and the Committee urged – in the strongest terms – that the Government refrain from interference with the establishment of trade unions in private companies and put an immediate stop to interference with the establishment of trade unions and refrain from showing favouritism towards a particular trade union in private companies.

Furthermore, the Committee’s 2021 conclusions also addressed the issue of the organization of mass events by trade unions and urged the Government to amend the law on mass activities, to repeal Ordinance No. 49 of the Council of Ministers and to address the concerns raised by trade unions in respect of organizing and holding mass events in practice.

Furthermore, the Committee’s 2021 conclusions also included recommendations related to the functioning of the tripartite Council for the Improvement of Legislation in the Social and Labour Sphere. In 2021, the Committee invited the Government to avail itself of ILO technical assistance, requested the Government to provide detailed information on the measures taken in respect of the implementation of the Committee of Inquiry’s recommendations as well as the recommendations of the Committee from 2021, from previous years prior to 2021, and to transmit this information to the Committee of Experts before its next session. Also, as the Worker members have mentioned, the Committee’s 2021 conclusions placed the discussion of this case in a special paragraph of its report.

This year, the Employer members note that there has been no meaningful progress towards the implementation of either the Commission of Inquiry’s recommendations or any meaningful progress towards the implementation of the Committee’s 2021 conclusions. The Employers note that this points to a lack of commitment by the Government to ensure respect for its obligations under the Convention, as well as its obligations pursuant to the ILO Constitution. This is a deeply concerning situation to the Employers’ group. Furthermore, the Employer members are deeply concerned with the new allegations of criminal prosecutions, arrests and imprisonment of trade unionists, especially the allegations of events within the last two months.

The Employer members recall that full recognition of civil liberties, in particular freedom of opinion and expression, freedom of assembly, freedom from arbitrary arrest and detention and the right to a fair trial by an independent and impartial judiciary, are basic preconditions for any meaningful exercise of freedom of association for workers and employers and is required for full compliance with the Convention. The Employer members note that, according to the available evidence, these freedoms have been grossly violated by the Government of Belarus following the presidential election in August 2020. Therefore, we must take this moment to express our deep concern with respect to the deterioration of the circumstances concerning the promotion and protection of freedom of association.

In respect of the issue of registration, the Employer members note that there is an absence of further explanations with respect to the registration of the BKDP, the SPB, and the REP Union from the Government and this lack of information is concerning. We turn to the concern identified by the Committee of Experts in respect of the televised meeting between the Chairperson of the FPB and President Lukashenko in which the latter urged the setting up of trade unions in all private enterprises by the end of 2020 under the threat of liquidation of those private companies. The Employers note that, in line with Article 2 of the Convention, freedom of association implies and requires that workers and employers must be able to decide freely, without state interference, whether or not to set up their own organizations. Therefore, the Employers call upon the Government to refrain from any interference in the establishment of trade unions in private companies, in particular with respect to the requirement to set up a particular trade union under threat of the liquidation of such company.

Moving to the issue of financial assistance, the Employers note that the acceptance by a national workers’ or employers’ organization of financial assistance from an international workers’ or employers’ organization without the need for approval by the Government and without sanctions in case of receipt of such financial assistance is part of the right set out in Article 5 to affiliate with international organizations of either employers or workers. The right to organize public meetings and demonstrations constitutes an important aspect of the activities of employers’ and workers’ organizations under Article 3 of the Convention. In view of this, the revised Law on mass activities, along with the accompanying regulation, which limits the use of foreign gratuitous aid for the conduct of mass events, unduly restricts trade unions in the possibility to carry out their public activities. Therefore, the Employers urge the Government to amend the Law on mass activities and the accompanying regulations, in particular, with a view to setting out clear grounds for the denial of requests to hold trade union mass events in conformity with freedom of association principles, to widen, not narrow, the scope of activities for which foreign financial assistance, can be used and to abolish the sanctions imposed on trade unions or trade unionists for a single violation of the respective legislation. The Employers also repeat our call on the Government to repeal Ordinance No. 49 of the Council of Ministers, as amended, to enable employers’ and workers’ organizations to exercise their right to organize mass events in law and practice.

We must take this moment to simply point out that we will not address the Committee of Experts’ numerous observations on the right to strike as the Employers’ position is this is not in fact covered under this Convention.

Let me close by reiterating our concern about the deteriorating circumstances in the country with respect to its obligations pursuant to the Convention.

Interpretation from Russian: Worker member, Belarus – The FPB brings together all areas of the economic sphere and is committed to working with the ILO to develop tripartism and with the social partners on improvements to the legislation and practice and its implementation. We now have the opportunity to observe the real condition of workers and employers in the country and we do not agree with the findings of the Committee of Experts with regard to the failure of Belarus to apply the Convention.

We consider that the negative assessment of the situation is politicized and biased. I should underscore, in addition that other European countries have demonstrated instances of harassment of trade union activities involving, for example, the use of tear gas by the police against trade union demonstrators. In Belgium and Germany, there have been various actions taken against trade union movements.

According to the ITUC, there is a violation of the right to strike in many European countries; 41 per cent of European countries violate the right to freedom of association. We have statistics to show that in Western European countries there is a failure to heed such problems at the ILO and at the Conference. It would appear that our case is being reviewed on the basis of false information. A specific example is as follows.

According to information provided by the Committee of Experts, Belarusian workers are denied the right to strike and may be subject to arrest and detention. This information does not accord with reality. The right to strike is enshrined in our Constitution. There are rules of procedure for the organization of strikes as in other countries and this is defined by legislation in Belarus. The trade union is empowered to decide on a strike in the interests of the labour collective. I should underscore that such provisions exist in other countries, such as Germany.

With regard to practice in recent years, works committees have not taken a single strike decision when people were allegedly being detained for strike actions. This is completely untrue. In addition, trade unions are entirely free to declare a strike as can be seen by the fact that in recent times we have had instances of strikes being called by individual workers, but when considered by professional committees at the regional level, the decision was ultimately not made to strike. This attests to the entirely open and democratic approach to freedom of association and the right to organize in our country.

With regard to the alleged state intervention and interference in trade union affairs, as well as alleged favouritism, I would like to say the following: currently, trade union organizations under the BKDP represent fewer than one third of workers. The claim that allegedly any criticism by trade unions of the Government leads to potential punishment is entirely untrue. There have been no incidents of such action being taken. In addition, the Government heeds proposals from trade unions, for example on wage setting, employment guarantees and other crucial issues for workers, as can be attested to and documented.

Regrettably, the ILO is being supplied with unreliable claims for consideration by the Committee with regard to our country’s application of the Convention. On the other hand, actual incidents of the violation of labour rights are not considered. Unfortunately, certain countries in violation of the United Nations Charter have been imposing unilateral measures against Belarus. This runs counter to the principles of ILO Conventions and the ILO Constitution. We consider that such a situation is entirely negative and should be reversed. Our country is simply seeking to ensure decent working conditions and development for all workers and people.

Interpretation from Russian: Employer member, Belarus – We, as Belarusian Employers, cannot agree with the report of the Committee of Experts with regard to the application of the Convention, which is based on unfounded claims stemming from the political events of August 2020 and so-called strike action by a certain part of the population after the presidential elections, which were entirely political in nature. They were not in any way connected with the protection of social and economic interests in labour relations.

There was no calling of strikes by the labour movement as such, and enterprises continue to operate normally. We consider that these events, unconnected with normal labour relations and dialogue, should not serve as the basis for assessing the situation of the country’s compliance with the provisions of the Convention under discussion today.

This is unfortunate and counterproductive. We call upon the ILO to take a more critical approach to complaints and not to build a position on the basis of unconfirmed data. There is a need to take an objective stance with regard to the actual situation on the ground.

The Committee of Experts last year called for an amendment to the Belarusian legislation on the right to strike. I would draw your attention to the discussion in past years on the fact that the Convention cannot be necessarily used for the discussion of the right to strike or invoked for that purpose. It must be stressed once again that the right to strike is not directly evoked in the Convention. This is a matter for the internal affairs of any State and is within the State’s domestic remit.

Belarusian employers also note that very concrete steps have been taken to follow up on the findings of the Commission of Inquiry in order to ensure the application of the relevant Conventions, and I request the participants in the Committee to take note of what has taken place in previous times, as well as over the last year, when more political considerations came to the fore.

I would like to offer some examples of what has been done in practice and the broad use of social dialogue. A number of union members in the various congresses and federations have continued to promote workers’ interests on a tripartite basis. At the same time, employers have endeavoured to honour tripartism to reach collective agreements through tripartite dialogue. These issues have been evoked in the course of the ILO’s missions with the agreements that we reached being put into practice.

Belarus has had to endure unprecedented sanctions from the United States against economic actors, including businesspersons, which has led to a de facto economic war against leaders and their property by hindering the ability to invest and innovate and engage in business with Western partners, leading to reduced revenue, loss of jobs and a worsening of the overall social economic situation.

We, as ever, underscore our commitment to cooperate with the ILO and the Committee in order to secure progress on social issues in a spirit of collective responsibility and respect in order to work on a positive dynamic in the country building on the positive steps taken by the Government with the social partners in order to implement the recommendations of the ILO.

Government member, France – I have the honour of speaking on behalf of the European Union (EU) and its Member States. The candidate countries North Macedonia, Montenegro and Albania and the European Free Trade Association countries Iceland and Norway, Members of the European Economic Area, as well as Ukraine align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights, such as the fundamental right to organize and freedom of association.

We actively promote the universal ratification and implementation of fundamental international labour standards, including this Convention. We support the ILO in its indispensable role of developing, promoting and supervising the application and implementation of ratified international labour standards and of the fundamental Conventions in particular.

We are deeply concerned at the steep deterioration of the situation of human and labour rights in Belarus in the aftermath of the 2020 presidential elections, which were neither free nor fair. These concerns have worsened further since Belarus’ involvement in the Russian Federation’s war of aggression against Ukraine.

Freedom of peaceful assembly and association, freedom of opinion, expression and information, as well as freedom of the media, both online and offline, are increasingly heavily curtailed, and the right to organize is actively oppressed instead of being protected.

The EU and its Member States condemn in the strongest terms the violence used by the Belarusian authorities against peaceful protesters and the numerous cases of detention, imprisonment, torture and sexual violence, in a blatant attempt to prevent workers from associating to resist the authorities’ repression of fundamental labour rights. We are even more concerned as these attacks on trade union activists and leaders have intensified in seemingly direct retaliation of them having stood up against Belarus’ involvement in the Russian Federation’s war of aggression against Ukraine.

We fully share the deep concerns expressed by the ILO Director-General at reports of the arrests of trade union leaders, including Alexander Yaroshuk, member of the ILO Governing Body, as well as Siarhei Antusevich, Maksim Pozniakov, Oleg Podolinski and Elena Yeskova. We are also concerned at the reports of searches being conducted by the security forces on the premises of the BKDP and other trade unions, and in the homes of the trade union leaders and employees.

We urge the authorities once again to investigate without delay all human and labour rights violations and abuses, in a truly independent and impartial manner, and to hold accountable all those responsible for these violations. We expect the authorities to ensure full respect for workers' rights and freedoms, protect the right to organize, including the right to strike, and release immediately and unconditionally all arbitrarily detained persons, including political prisoners, trade unionists, workers and members of national minorities. No one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful protest or strike. Moreover, all charges related to participation in peaceful protests should be dropped.

The case of persistent violations of fundamental ILO Conventions by Belarus has been on the agenda of this Committee regularly since 1997. There has been no meaningful progress towards even partial implementation of the 2004 Commission of Inquiry recommendations.

Belarus must step up its efforts without further delay and aim for the full implementation of the recommendations of the Commission of Inquiry, thereby meeting the obligations that it undertook by being a Member of the ILO and in addition by voluntarily and willingly ratifying all eight fundamental ILO Conventions.

We once again strongly urge the Government, in consultation with the social partners, to amend the Law on trade unions, the Labour Code, the Law on mass activities and the accompanying Regulation, as well as Presidential Decree No. 3 of 25 May 2020 concerning the use of foreign gratuitous aid, to bring them into conformity with the Government’s obligations regarding freedom of association. We also echo the request by the Committee of Experts to the Government to repeal the provisions introducing additional restrictions and associated penalties under sections 342 and 369 of the Criminal Code.

We stress the importance of treating with impartiality all trade union organizations, and of refraining from showing favouritism, including with regard to consultations, from interference in their establishment and of ensuring and protecting the right of workers to join organizations of their own choosing.

The EU and its Member States stand with the Belarusian people and support their democratic choice and fundamental freedoms and rights. The EU continues to call for fair and free elections and urges the Belarusian authorities to seek a peaceful and democratic solution to the crisis through an inclusive national dialogue with broader society. We expect the Government to fully engage with the social partners and the ILO to address the issues mentioned above. The functioning of the tripartite Council should also be improved.

We note with deep regret the apparent lack of action and commitment from the Government, the absence of progress and also the urgency of this discussion. We support, if called for by the Committee, a request to refer the matter to the November 2022 session of the Governing Body in order to consider all possible measures foreseen in the ILO Constitution with a view to the full implementation of the recommendations of the Commission of Inquiry.

Government representative, Sweden – I am speaking on behalf of the Nordic and Baltic Governments (Denmark, Estonia, Finland, Iceland, Latvia, Lithuania, Norway and Sweden). We align ourselves with the statement by the EU and its Member States.

Belarus has ratified the core Conventions of the ILO and has thus committed itself to respecting freedom of association, including the right to organize and participate in strikes. However, the country has repeatedly been examined in this Committee for failing to comply with the Conventions it has ratified.

We are deeply concerned at reports of the arrests of trade union leaders in Belarus and reports of searches in trade union offices and their leaders’ homes, seizing computers, personal documents, passports, union flags, leaflets and other items.

We draw attention to the fact that among those arrested are Alexander Yaroshuk, President of the BKDP, who is also a Vice-President of the ITUC and a member of the ILO Governing Body. These arrests constitute a grave violation of the principles of freedom of association as protected by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR) and the Convention.

Last year, this Committee took note of the long-standing nature of the case of Belarus and noted with great concern the numerous allegations of extreme violence to repress peaceful protests and strikes. The Committee of Experts also urged the Government in the strongest of terms to investigate without delay all alleged instances of intimidation and physical violence through an independent judicial inquiry and to provide detailed information on the outcome.

We also want to point out that the ILO Director-General has already requested the Government of Belarus to release all trade unionists who remain in detention, drop all charges related to participation in peaceful protests, and refrain from the arrest, detention or engagement in violence, intimidation or harassment, including judicial harassment, of trade union leaders and members conducting lawful trade union activities.

Belarusian authorities have failed to take the above steps. We call on the responsible Belarusian authorities to immediately release the trade union leaders as well as all the political prisoners, and to take all necessary measures to ensure that trade unions can carry out their activities in a climate free from violence, intimidation, or threat of any kind.

Trade unions are key defenders of human rights, nationally and internationally, which includes fundamental labour rights. They are also a key component in building democracy. The defence of workers’ rights must be welcomed, not criminalized.

We deplore that the Government of Belarus, 17 years after the Commission of Inquiry’s report, has failed to take measures to address the Commission’s recommendations. We note with deep regret the apparent lack of action and commitment from the Government, the absence of progress and also the urgency of this discussion. We support, if called for by the Committee, a request to refer the matter to the November 2022 session of the Governing Body in order to consider all possible measures foreseen, including those envisaged in article 33 of the ILO Constitution aimed at the full implementation of the recommendations of the Commission of Inquiry.

Worker member, Germany – I am speaking on behalf of workers in Germany, Belgium, Netherlands, Canada, France, Italy, the Nordic countries, Ukraine and Switzerland. The seriousness of the violation of the Convention by Belarus is quantitatively evident in the report of the Committee of Experts. The assessment covers 11 pages of the report and identifies violations – in law and practice – of almost every Article of the Convention.

Eighteen years after the report of the Commission of Inquiry, we see none of its recommendations being implemented. On the contrary, we see a politically motivated, systematic and targeted suppression of the work of independent trade unions, which deprives any critical trade union work of its basis. This was also noted in the report of the Committee on Freedom of Association (CFA) of March 2022, the United Nations Special Rapporteur’s report of 4 May 2022 and the European Parliament’s resolution of 19 May 2022.

The situation in Belarus is contrary to the fundamental principles that the country has committed to uphold as a Member of the ILO. There is no independent judiciary to review the detentions and physical and psychological repression of trade union representatives. The same applies to the searches of trade union offices, the confiscation of documents, the obstruction of legitimate trade union activity, and includes strikes and public demonstrations. It is precisely a sign that speaks against respect for the principle of a fair and transparent process that the Government cannot provide the underlying court rulings for these measures.

With the recently introduced extension of the death penalty to an unclear offence of “attempted terrorism”, developments in Belarus are particularly troubling.

The situation in Belarus illustrates in a very sad way the importance of ensuring basic civil and political rights for the exercise of the rights set out in the Convention.

We therefore demand an immediate end to anti-union repression and the immediate release of our Belarusian colleagues, who are working for freedom, democracy and peace in the country.

Government member, Cuba – My delegation thanks the delegation of Belarus for the information provided, which is an indication of the Government’s good will to cooperate with the ILO supervisory bodies. We consider that they have to examine impartially, setting aside any prejudice or politicization, the progress achieved in social dialogue in the country. As part of the process of the implementation of the recommendations made within the framework of this Organization, cooperation through technical assistance must offer support for the Government.

The information provided by the delegation of Belarus contains updated elements on various matters and demonstrates the will of this Government to continue making progress in tripartite social dialogue in the country and in its work with the ILO.

It is of the greatest importance to grant governments the necessary time and space to work with the relevant actors within the framework of their national legislation and in compliance with their obligations and undertakings deriving from ILO instruments.

This forum has always been characterized by solutions agreed through broad and inclusive dialogue, in which the views and consent of the countries concerned are essential.

My delegation hopes that the Committee’s conclusions will be objective, technical and balanced on the basis of the information provided by the Government of Belarus.

Interpretation from Russian: Worker member, Georgia – I am speaking on behalf of Georgia and also the President of the Pan-European Regional Council (PERC). The situation in Belarus is the worst in the whole PERC region for trade unions and freedom of association. This is a case that has been ongoing for 20 years and the situation has become worse very recently.

The Government clearly does not wish to implement the ILO’s recommendations and is undermining basic freedoms and any collective action and the voice of the people.

We are shocked at the fact that Alexander Yaroshuk, a member of the ILO Governing Body, as well as Siarhei Antusevich, a leader of the BKDP, who have given evidence before the Committee, are currently being detained, along with ten other trade union leaders. They are denied contact with their relatives. They find themselves under psychological pressure. The Government has failed to heed the numerous notes and efforts from the ILO to secure their release.

Trade unions are declared to be destructive and extremist organizations. It is evident that there has been an order to liquidate the BKDP and its organizations. The Prosecutor’s Office is demanding lists of trade union members and is demanding that members leave unions. The contracts of members of the trade union, and even their relatives, are not being renewed. Certain independent trade unions have already been declared illegal. This is a slap in the face for the ILO. The Government simply does not want to comply with the recommendations of the Commission of Inquiry and this Committee should give a robust assessment of this very negative situation in Belarus as has been done this year by the CFA.

Government member, Bolivarian Republic of Venezuela – My Government gives thanks for the presentation made by the distinguished delegation of the Government of Belarus on compliance with the Convention. We have noted the Government’s indication that the reasons why this case is once again before the Committee are based on strictly political considerations that are unrelated to social dialogue and should not therefore provide a basis for assessing compliance with the Convention, as they have their origins in the national political climate following the presidential elections held in 2020.

We value the good will of the Government in continuing to make progress and maintaining constructive relations with the social partners and with our Organization on the implementation of the recommendations of the Commission of Inquiry in relation to the Convention, and developing social dialogue even further within the framework of the national legislation.

We call on the ILO supervisory bodies to set aside political considerations which fall outside the scope of their comments and, as we have said on repeated occasions, which undermine their seriousness and credibility and are prejudicial to our objective as they interfere with the sovereignty of States.

The Government of the Bolivarian Republic of Venezuela trusts that the Committee’s conclusions, resulting from our discussions, will be objective and balanced with the aim of the Government of Belarus continuing to make progress in compliance with the Convention while also maintaining peace and re-establishing public order, as it must continue to do in accordance with the provisions of the Convention.

Interpretation from Russian: Worker member, Russian Federation – We note that the systematic non-compliance by the Government of Belarus with the ILO’s recommendations to ensure workers’ rights has led to large-scale arrests of leaders and activists of the BKDP and its branch organizations.

Right now, the President of the BKDP, Alexander Yaroshuk, Deputy-Secretary, Siarhei Antusevich, and Treasurer, Irina But-Gusaim, are under arrest. The representatives of the REP Union have been arrested: Deputy Chairperson, Gennady Fedynich, and activist, Vaclav Areshka. The representatives of the SPM: Deputy Chairperson, Yana Malash, the acting Chairperson of the Council, Vasil Beresnev, the Secretary of the Council, Mikhail Gromov, member of the Council, a labour inspector, Vitaly Chichmarev, and activist, Miroslav Sabchuk, representative of the primary organization at the Minsk Automobile Plant, Artyom Zhernak. The Chairperson of the BNP, Alexander Mishuk, is also under arrest.

Zinaida Mikhnyuk, Deputy Chairperson of the REP Union, as well as Igor Povarov and Yevgeny Khovar, who are activists of the BNP in the Belarusian Metallurgical Plant, have been convicted in criminal cases. Maksim Pozniakov, acting Chairperson of the BKDP, was convicted in an administrative case.

Other trade union members have been released under supervision including: Mikalaj Sharakh, the representative of the SPB, as well as Alexander Bukhvostov, the representative of the Metallurgy Workers’ Union, and Andrey Khanevich, the representative of the Belarusian Independent Trade Union. This is 19 in all.

We call upon the Committee to urge the Belarusian Government to take steps rapidly to release these individuals and bring an end to the administrative and criminal proceedings against them, as well as to put in place conditions for the normal operation of the BKDP and its branch-based organizations.

Government member, China – We have carefully read the report by the Committee of Experts and also its comments on implementation of the Convention by Belarus. We would like to thank the Government representative for her introduction. We note that the Government attaches importance to the recommendations of the Commission of Inquiry. It has adopted a series of well-targeted measures to conscientiously fulfil its obligations under the ratified Convention.

It has made enormous efforts and achieved positive progress. The Government has set up mechanisms to protect trade union rights, relaxing registration procedures for trade unions, achieving constructive progress, and also, the national Constitution clearly stipulates that every person’s rights and freedoms are protected by law in an independent and impartial manner. Legislation is in place to guarantee rights, such as trade union rights and the right to strike. We also appreciate the in-depth communication and exchanges with the social partners, technical cooperation with the ILO, and the active resolution of labour disputes.

We believe that the discussion of this case should focus on the implementation of the Convention rather than interfering in the internal affairs of Member States, let alone politicizing technical issues. We hope that when the Committee comes to conclusions on this case, the actual situation in the country, and the progress the Government has made in implementation, can be reflected objectively and fairly, and constructive decisions should be made collectively to help the Government to further strengthen its ability to implement the Convention and promote the comprehensive development of the country.

Worker member, United States of America – The American Federation of Labor and Congress of Industrial Organizations (AFL–CIO) strongly condemns the recent escalation of attacks on worker rights by the Government of Belarus and calls for the immediate release of these union members and any others who have been targeted for exercising their fundamental workers’ rights.

Since the rigged presidential election in 2020, the Government of Belarus has persecuted working people engaged in peaceful protests to express their demands for free and fair elections and democratic governance in Belarus. Through strikes and other legal protests, workers and independent trade unions have shown they are key to this grassroots, citizen-driven defence of democracy.

The BKDP has been on the front lines of the struggle for democracy in the country. In response, its members have received harsh prison sentences based on vague, politically motivated charges of “disrupting political order”.

In roughly 11 pages of text, the Committee of Experts’ report lays out the dire situation for trade union rights in Belarus in both law and practice. In a separate 32-page special report to the Governing Body, the CFA also raised deep concerns about the continued harassment and jailing of trade union members. We note with particular concern that the Government has not met even the most basic tenets of due process by failing to produce the written court rulings which supposedly justify the detention of trade union members.

In April 2022, the AFL–CIO sent a public letter to Prime Minister Roman Golovchenko calling for the immediate end to the anti-union repression and the immediate release of trade unionists, journalists and others who have stood up for democracy and human rights in Belarus. We reiterate that demand and call on the Government to address all the recommendations contained in the Committee of Experts’ report.

Government member, Lithuania – Lithuania aligns itself with the statement of the EU and the statement of the Nordic and Baltic countries. Since 2004, the ILO’s Commission of Inquiry has investigated respect of labour rights by the Republic of Belarus. For all these 17 years, Belarus has had countless opportunities to prove its compliance with the ILO’s fundamental Conventions.

Last year, the International Labour Conference noted that the Government of Belarus had failed to address most of the recommendations of the Commission of Inquiry. The ILO specifically requested the Government of Belarus to take all recommended steps before the next Conference and to provide detailed and complete information on the measures taken and the progress made before the next meeting of the Committee of Experts. The Belarusian authorities have not only failed to take the aforementioned steps, but over the last year have significantly intensified the repression of independent trade unions, their members and leaders.

Repression, detentions and harassment are facts of last year’s developments. Belarus has clearly failed to implement the recommendations of the Commission of Inquiry and has knowingly and deliberately exacerbated the situation for its trade unions and workers.

The CFA, in its March 2022 report to the Governing Body, reviewed most of the facts mentioned and decided to draw this serious situation to the attention of the Governing Body so that it may consider any further measures to secure compliance herewith, thus calling for the application of article 33 of the ILO Constitution in respect of Belarus.

In this connection, Lithuania asks the Committee to make recommendations to the ILO Governing Body for the application of strict measures, forcing the authorities of the Republic of Belarus to fully comply with its obligations under the ILO’s fundamental Conventions.

Worker member, Japan – I am speaking on behalf of the Hind Mazdoor Sabha (HMS) of India, workers from Myanmar, Singapore, Philippines, Indonesia, Republic of Korea, Fiji, Australia, New Zealand and the Japanese Trade Union Confederation (JTUC-RENGO). The Committee has discussed this case more than other cases since 2000. The Government threatened ITUC’s affiliate the BKDP when the case was examined in this Committee last year. Now, we see that these threats are being followed by specific action aimed at the extermination of the union.

In April 2022, more than 20 trade unionists were arrested. Ten of them are still in prison, including the BKDP President, a member of the ILO Governing Body, Alexander Yaroshuk, as many people have noted. He regularly spoke in this Committee. He and other BKDP leaders face charges of preparing mass protests in the police state of Belarus that could lead to four years of imprisonment. Independent unions are being labelled as extremist organizations.

We have clear evidence that the Government of Belarus is not willing to cooperate with the ILO, indeed the contrary. The recommendations of the Commission of Inquiry from 2004 are clear and unequivocal. The Government has shown no intention to implement them, even though the CFA repeated the request earlier this year. We consider that it is time for the ILO to take further steps as foreseen in the ILO Constitution.

We demand the immediate release of all imprisoned trade unionists. The Government must drop all charges against them and stop further attacks against them. Workers from Asia and the Pacific stand in solidarity with our sister organization, the BKDP.

Government member, Sri Lanka – The Government of Sri Lanka welcomes the continuing efforts of the Government of Belarus to ensure the implementation of the provisions of the Convention and its commitment to fundamental principles and rights at work.

The Government of Belarus has expressed its commitment to implement the recommendations of the Commission of Inquiry by giving due consideration to the agreements reached and plans developed jointly with the ILO. We note that the Government of Belarus has already taken a number of specific targeted steps, as a result of which some of the recommendations have been fully implemented, and significant progress has been achieved in the implementation of the rest.

We request the Committee to adopt a balanced and considered approach to the content of incoming complaints. We believe that the way forward is to foster an open and constructive dialogue between the Government of Belarus and the ILO and the social partners, a process to which the Government of Belarus has already expressed its commitment.

Worker member, Cyprus – As a matter of principle, we would like to underline that we support the full respect and implementation of all ILO international Conventions and Recommendations. At the same time, however, we would like to note that there are different approaches to this specific issue in terms of their implementation. There is no doubt that there are recorded cases of violations of fundamental trade union freedoms which, due to political expediency and prejudice, are not dealt with.

In our view, the ILO has an important role to play in ensuring, on an equal basis and without any political expediency, the full implementation of trade union freedoms and rights.

Government member, Nicaragua – The Government of National Unity and Reconciliation of the Republic of Nicaragua recognizes the will of the Government of Belarus to work with transparency and commitment to international labour standards. We also welcome the information shared by Belarus on the effect that it is giving to the Convention, thereby demonstrating the implementation of its national laws.

As a member of the United Nations, we reiterate that it is the duty of all nations to promote relations of friendship based on respect for the principle of equality of rights and duties imposed by the United Nations Charter and not to interfere in matters that essentially fall within the internal jurisdiction of States.

The Government of Nicaragua calls on the Committee to not develop positions on the basis of unverified data relating to the action taken by Belarus for the implementation of the Convention. Events of a political nature must not be related to processes of social dialogue in the area in which this Organization works and cannot and must not be used as a basis for evaluating the situation of compliance with the Convention.

The respect shown by the fraternal Republic of Belarus is well known in its protection of freedom of association and the right to organize attached to the ILO supervisory system.

We take advantage of the opportunity offered in this important Committee to refute any action that tends to undermine the institutions and sovereignty of ILO Member States. We encourage all the Member States and organizations participating in this 110th Session of the International Labour Conference to intensify their efforts for the establishment of true forms of cooperation, guaranteeing equality of conditions and respect for all participants. We reiterate our support for the position of the Government of Belarus and emphasize its legitimacy and legality as a sovereign State.

Worker member, Colombia – The General Confederation of Labour (CGT), the Confederation of Workers of Colombia (CTC) and the CGT-Argentina express solidarity with the people of Belarus in light of the situation of violence experienced by trade union leaders.

The workers of Belarus are experiencing the worst attacks on freedom of association and the right to organize. Recently, at least 14 leaders of the independent trade union movement in the country were arrested. As workers of the world, we express deep concern at the violence and disappearance of workers.

The Government of Belarus has not brought an end to this policy of violence; indeed, on the contrary attacks are being intensified on the right to freedom of association by refusing to register independent unions and pressurizing members to resign their membership under threat of their employment contracts not being renewed.

The leader of the BKDP has described to this Committee on various occasions the manner in which they have been isolated and discriminated against, and alleged tolerance of their work has been expressed only for their appearance before the ILO. Nevertheless, there is a constant attitude of non-respect, discrimination against and repudiation of independent unions.

It is urgent to make recommendations on this case for a mission to be able to see evidence of the victimization to which unions and their members are subjected when they seek to re-establish their individual and collective rights.

Urgent action is required, as lives are in serious and permanent danger.

Government member, Turkmenistan – Turkmenistan wishes to extend greetings to the distinguished delegation of Belarus at this session of the Committee. We take a positive view of the efforts made by the Republic of Belarus in seeking to give effect to measures intended to develop social dialogue in the country and to ensure that the Government complies with agreements it has reached and other plans that have been developed in coordination with the ILO.

Apart from that, we support the Government’s work on seeking to give effect to ILO standards, and indeed this is something that was commended by the Committee of Experts in its report in 2020 and 2021, with particular reference to the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the Nursing Personnel Convention, 1977 (No. 149).

In these reports, Belarus was recognized as being a country that had made definite progress. With reference to Belarus, we consider that there is every reason to believe that, at present, trade unions in the country are fully-fledged participants in building a better future for the people there. This choice has predetermined further development of a partnership between the authorities and civil society organizations.

We recommend continuing open and constructive dialogue on all the Conventions that have been ratified and on all issues of social and labour relations with a view to improving the standard of living of people in Belarus. We recommend taking further measures to support the people of Belarus in social matters, to improve employment and protection for workers and to cooperate in all areas of the life of the country, including cooperation in all humanitarian fields.

We further recommend continuing to give greater attention to the work of trade unions within their remit and the need to focus on wages being paid on time and being increased, ensuring full and productive employment, supporting the most vulnerable categories of workers, improving conditions of work, as well as monitoring discipline.

In conclusion, we wish to extend our hopes for every success to Belarus in future.

Worker member, Poland – The situation in Belarus is becoming more difficult day after day. There is a brutal attack on trade union rights, on freedom of association and on freedom of bargaining.

Nine employees have been in custody since September 2021. Most of them belong to the BKDP. They face sentences of several dozen years in prison. The charge is treason and the creation of an extremist group, when they only organized aid for repressed workers and discussed scenarios for possible strikes in workplaces.

On 19 April this year, more than 20 leaders and members of the BKDP were detained. Many of them have not been released to this day, including Alexander Yaroshuk, President, and Siarhei Antusevich, Vice-President of the BKDP. The basis for their detention is the alleged preparation of actions that seriously violate public order.

Union organizations are said to pose a threat to state stability. At the same time, measures are being taken to deprive the independent trade union movement of its autonomy and independence. Many trade union activists are leaving the country because of fear of oppression. We know about searches and surveillance. These are well-known actions that regimes use against the free trade union movement. We know it first-hand, from the history of Solidarność.

In the written information to the Committee, the Government of Belarus states that the information provided by the independent trade union movement is not based on facts, that it is biased and politically motivated. Arguments and conclusions presented by the Government of Belarus perfectly illustrate the Government’s approach to workers’ rights and trade union rights. They also manifest the fear, but also the desire to suppress any sign of freedom and independence.

We call on the Government of Belarus to release the trade union members and to drop the charges against them. We call on the Government of Belarus to fully respect trade union rights, in accordance with the legal framework under the Convention.

Government member, United Kingdom of Great Britain and Northern Ireland – This is the seventh day and the 17th case we are discussing before this Committee. Yes, we are discussing compliance with international labour standards, but ultimately we are talking about the impact of these standards on human life. So as other colleagues have done this morning, I would like to take a moment to keep the human beings concerned at the front and centre of our minds.

Alexander Yaroshuk, Siarhei Antusevich, Irina Bud-Gusaim, Vasil Bersenev, Gennady Fedynich, Yana Malash, Mikhail Gromov, Vitaly Chichmarev, Miroslav Sabchuk, Vatslave Hajestch, Zinaida Mikhniuk, Maksim Pozniakov and Alexander Mishuk are just some of the names of trade unionists who are currently being unjustly detained in Belarus. One of them is a member of the Governing Body and Vice-President of the ITUC; two have testified before this very Committee; three are women trade unionists; four of them are elected leaders of the BKDP. All have been detained for exercising their human right to freedom of association.

Not only do the actions of the Belarusian authorities constitute a gross violation of the Convention. They also emphasize the acute regression in the implementation of the recommendations made in 2004 by the Commission of Inquiry and, as a result, Belarusian workers have faced unprecedented levels of repression.

Given the utter deterioration of the situation regarding freedom of association in Belarus and the lack of meaningful progress in the implementation of the 2004 Commission of Inquiry’s recommendations, the United Kingdom requests the Committee to refer this issue to the 346th Session of the Governing Body in November 2022, so that additional measures may be applied, including under article 33 of the ILO Constitution. The continued violation of workers’ rights in Belarus is unacceptable. In conclusion, the United Kingdom calls on the Belarusian authorities to immediately release all trade unionists unjustly detained and to take all necessary measures to ensure that they can carry out their trade union activities in a climate free from violence, intimidation, or threats of any kind.

Employer member, France – The case of Belarus is paradoxical in that it is at the same time both simple and complex. Simple, first, because it has been examined on 14 occasions by this Committee since 1997 and has been the subject of 26 observations by the Committee of Experts to date, which unfortunately reflects the Government’s lack of action in bringing the legislative situation into conformity with international standards, particularly as the Committee of Experts has not noted any progress since its 2004 observations. And also complex because the case presented up to now is based on Convention No. 87, whereas all of the violations noted in all the reports go well beyond the simple framework of this fundamental Convention.

Why Convention No. 87? Because the Committee of Experts has on many occasions noted numerous failings in the exercise of freedom of association. In brief, the Government has not replied concerning the allegations of intimidation and physical violence against trade unionists, nor in relation to the cases of criminal prosecutions and imprisonment of demonstrators described as peaceful in the observations of the Office of the United Nations High Commissioner for Human Rights. Should we add allegations of searches of trade union premises and the homes of trade union leaders? Sadly, the list established by the Committee of Experts of the serious failings to comply with the obligations of the Government of Belarus is as clear as it is long.

What is the Committee of Experts asking? It is requesting the Government of Belarus to examine the issue of the registration of unions, to cease any interference in the organization of social dialogue in private enterprises and, finally, in general, to repeal any provision that is contrary to the exercise of civil rights and fundamental ILO rights so as to leave all necessary latitude to the social partners in the system for the settlement of labour disputes.

In conclusion, violations of the requirements of the Convention by the Government of Belarus are causing substantial harm to the partners in social dialogue. Employers need free organizations for themselves, but also for workers, as the indispensable prerequisite for the existence of any social dialogue that is needed for the achievement of decent work.

The situation seen in Belarus is therefore contrary to the principles and the Constitution of the ILO.

Interpretation from Chinese: Worker member, China – We give thanks for the Government for the information provided and agree with the observations made by the Workers’ delegate of Belarus. In our opinion, the information in the report of the Committee of Experts is one-sided and it does not therefore correspond to the real state of affairs in Belarus.

A number of Chinese businesses operate in Belarus and, in this connection, we notice some of the situation related to workers’ rights, and we notice that workers have the right to join together and defend their rights with the help of trade unions. A tripartite agreement between the Government, employers and trade unions has also been signed and entered into force. It should also be noted, in particular, that trade unions are consulted on all Belarusian laws and regulations related to labour and social rights. We regret that the Committee of Experts has made an assessment contrary to the facts. Moreover, according to the feedback from Chinese businesses in the country, practices in the country do meet the requirements of the Convention.

Finally, we believe it is necessary to pay attention to the fact that the current unilateral sanctions imposed on Belarus are undermining the well-being of workers and their families. They also damage the stability and vitality of businesses. The ILO Declaration on Social Justice for a Fair Globalization (2008) emphasizes the commitment to strengthening the role of businesses and to creating an enabling business environment as businesses are a major force for economic development and job creation. We are confident that the ILO will be contributing to the well-being of workers.

Government member, Canada – Canada is deeply concerned that more than 18 years since the findings of the 2004 Commission of Inquiry, the Government of Belarus has yet to make meaningful progress towards implementing the recommendations and ensuring compliance with the Convention. This demonstrates a lack of respect for the ILO’s supervisory system, which is unacceptable.

Canada is particularly concerned at continued reports of intimidation, physical violence and retaliation against trade unionists, arrests and imprisonment of workers and trade unionists, and searches of trade union premises and the houses of trade union leaders by the police. Canada urges the immediate release of all trade union leaders and representatives who were arrested in April 2022 and are still detained.

We are deeply concerned at the steep deterioration of human rights, including labour rights, in the country, and the repression of key civil liberties, in particular freedom of expression, freedom of peaceful assembly, freedom from arbitrary arrest and detention, and the right to a fair trial by an independent and impartial tribunal or judiciary.

We are also concerned at the continued obstacles to trade union registration, government interference with the establishment of trade unions, and the slow to no progress in the various labour law reforms needed to comply with the principles of the Convention.

Canada therefore again urges the Government of Belarus to take immediate, concrete actions to implement the recommendations of the Commission of Inquiry and the Committee of Experts, in full cooperation with the social partners and the ILO.

In light of the lack of progress to date, Canada joins other countries in requesting the Committee to refer the issue of the Government of Belarus’ implementation of the 2004 Commission of Inquiry’s recommendations to the November 2022 session of the ILO Governing Body for the consideration of additional measures, including those provided under the ILO Constitution.

Worker member, Nigeria – I am speaking on behalf of the millions of workers who are members of the Organisation of Trade Unions of West Africa (OTUWA). For 20 years, the Government of Belarus has been suppressing freedom of association of workers. It has denied independent unions’ registration, forced members to leave unions under the threat of the induced non-renewal of contracts, exercised workplace pressure and discrimination. As the leader of the BKDP has stated to this Committee several times: “free unions are in ghetto-tolerated situation, but without any space for development or actions”. This tolerance was a symbolic gesture towards the ILO.

Recently the Government has rejected any act or show of tolerance by workers. The Head of State has placed independent unions on the list of destructive organizations, de facto, ordering their intimidation and annihilation by the KGB. By the end of May, all leaders of independent unions in Belarus had been arrested and later released, subject to non-disclosure of any information about their cases, banned from leaving the country, or considered offenders and kept in prison. At least 14 of them are in custody now. Trade union offices are searched, some sealed, documents confiscated, trade union communications labelled extremist and primary groups de-legalized. Union activists can be arrested and put in prison at will, without access to legal protection and placed under psychological and even physical pressure by and through the KGB. Many have had to flee the country, but their relatives are targeted.

No doubt, there is no respect for any freedom of human rights in Belarus. This iron-clad gestapo industrial relations style must be rolled back and the spaces for the enjoyment of civil liberties and fundamental human rights must be restored.

Government member, Switzerland – Switzerland reiterates the concerns that it raised last year in this Committee. It regrets the minimal progress made in the implementation of the recommendations, 18 years after the report of the Commission of Inquiry.

Switzerland is particularly concerned that peaceful collective action is extremely limited, and even non-existent in practice, and that mechanisms such as tripartism and social dialogue are very restricted. Despite repeated requests, my delegation insists that Belarus authorizes collective peaceful demonstrations. The State must not interfere in the organization of independent unions, which should be able to evolve freely.

Freedom of association is one of the fundamental principles and rights at work that are at the heart of a democracy and an essential element of social justice. This principle, through collective action, makes it possible to combat forced labour and to develop measures based on non-discrimination and equality for everyone. Switzerland calls on the Government of Belarus to take all the necessary measures to free trade unionists and to guarantee union leaders immunity against administrative detention in the exercise of their functions and public freedoms. Switzerland encourages Belarus to provide all the information requested by the Committee of Experts in its report.

Worker member, Cuba – Our delegation supports the arguments made by the FPB, which does not share the observations contained in the annual report of the Committee of Experts on the alleged violation of the Convention.

The trade union movement and the Government of Belarus recognize significant progress in recent years in the development of more effective tripartite social dialogue which has enabled the development of socio-economic policies that are consistent with the fundamental principles and rights at work defended by all ILO Member States.

An example is the general tripartite agreement signed by the Government of the Republic of Belarus, national employers’ associations and the trade union movement which establishes the rights, duties and obligations of the social partners, the measures agreed to reach an adequate level of wages, pensions and social benefits which guarantee decent work and quality Jobs and greater access by the population to basic goods and services.

Our delegation also requests the Committee to continue promoting the spirit of dialogue, collaboration, technical assistance and cooperation by the Bureau for Workers’ Activities (ACTRAV) and the ILO with the Government of Belarus on compliance with the Convention so that its statement and those of other delegations which support it in defence of workers’ rights are taken into account.

Interpretation from Russian: Government member, Russian Federation – The Russian Federation shares the view expressed in the statement made by the representative of Belarus with reference to compliance with obligations under the Convention.

It is clear that the legislation in Belarus is in line with the Convention. For instance, dissolution of a trade union because it has received assistance from abroad or the regulations pertaining to peaceful demonstrations that have been so much criticized are indeed very clearly defined in law and regulations in that country and it is very clear that there are very significant filters in terms of the way that any kind of penalties can be applied. Trade unions can only be dissolved following a court decision, and that is a guarantee of independence.

It is very clear that there has been no violation of the rules while this legislation has been in force, which would surely seem to run counter to the idea that this is an excessively oppressive measure, as some have claimed here today.

We believe then that there is a clear political agenda in the way that complaints are made against Belarus and, if you analyse the domestic political situation there, it is clear that a lot of what is being said goes well beyond the mandate of the ILO. The representative of Belarus called for us to abstain from politicizing the debate and we reinforce that statement.

Government member, United States of America – Over the past 18 years, the ILO supervisory bodies have monitored and engaged with the Belarusian authorities on the country’s application of the Convention in follow-up to the findings of the 2004 Commission of Inquiry.

Although the ILO has provided technical assistance, the Belarusian authorities have failed to fully implement these recommendations and the situation for trade unionists in Belarus is increasingly deteriorating. In April and May, officials of the State Security Committee searched trade union offices and the homes of their leaders and employees, seizing personal documents and other items. Several trade union leaders and labour activists were arrested, including ILO Governing Body member, Alexander Yaroshuk, Siarhei Antusevich, Oleg Podolinski, Elena Yeskova and Mikola Sharakh.

We call for the immediate release of trade unionists who are still in detention and for all charges against them to be dropped. The authorities must cease all arrests and acts of violence, harassment and intimidation against trade unionists exercising their human and labour rights, including to voice opposition to the policies and action of the Lukashenko regime.

We again call on the Belarusian authorities to implement the Commission of Inquiry’s recommendation to guarantee adequate protection against the administrative detention of trade union officials when performing their duties or exercising their civil liberties.

There has been no meaningful progress towards the full implementation of the Commission of Inquiry’s recommendations; rather the authorities have reiterated that they have no intention of amending the relevant legislation and have further retreated from Belarus’ obligations under the Convention.

In the words of the Committee of Experts, the Belarusian authorities’ lack of action to follow up on the conclusions of this Committee also demonstrates a lack of commitment to ensure respect for Belarus’ obligations under the ILO Constitution.

We therefore request this Committee to refer the matter of Belarus’ implementation of the 2004 Commission of Inquiry’s recommendations to the November 2022 session of the Governing Body for the consideration of additional measures to be taken, including under article 33 of the ILO Constitution.

Government member, Azerbaijan – We thank the delegation of Belarus for providing the update on the application of the Convention. Azerbaijan appreciates the efforts made by Belarus to fulfil its obligations arising from this fundamental Convention, including the positive steps taken by the Government to implement the recommendations of the Commission of Inquiry. We understand some recommendations have been fully implemented, while progress has been secured in implementing the remainder.

We also note positively the technical cooperation activities carried out with the support of the ILO to address specific recommendations of the Commission of Inquiry following the direct contacts mission in close cooperation with the social partners. The tripartite Council for the Improvement of Legislation in the Social and Labour Sphere continues to play an important role in promoting social dialogue and implementing the recommendations of the Commission of Inquiry.

These actions by the Government of Belarus demonstrate its commitment and willingness to address the concerns raised through the tripartite consultation process and with the active engagement of the ILO.

We encourage the Government of Belarus to continue working closely with the ILO and increasing its efforts to implement ILO standards. At the same time, in fulfilling its labour-related obligations, we invite the ILO to fully support the Government of Belarus by providing any technical assistance that it may seek, including to improve the system for resolving labour disputes.

Interpretation from Arabic: Government member, Syrian Arab Republic – With reference to the examination by the Committee of the case of the application of the Convention in Belarus, the information provided by the Government in relation to the Convention, and cooperation with the ILO, as well as the efforts made within the framework of the Convention, our delegation supports the position of Belarus in terms of cooperating with the ILO and the stakeholders, the continuation of such cooperation and not to adopt an approach which would consist of politicizing ILO action, which would not be in conformity with the principles of the Organization and would not serve the interests of any of the parties.

Observer, IndustriALL Global Union – I am speaking on behalf of three global unions: IndustriALL, Public Services International (PSI) and the International Transport Workers’ Federation (ITF). For years and years, the Government of Belarus has continued to blatantly ignore its obligations under the Convention, but since the rigged elections, the situation has become catastrophic, with countless attacks against independent democratic unions, particularly over the last two months.

On 7 April, the authorities declared the IndustriALL affiliate, REP Union, as an extremist organization. Zinaida Mikhniuk, ex-Chairperson of the union, has been sentenced to two years’ imprisonment. Gennady Fedynich, another leader of the same union, is still in prison as we speak. On 11 May, the BNP, the local organization in the city of Grodno, another IndustriALL affiliate, was declared an extremist organization and is now facing dissolution. Just before the start of this annual Conference, on 25 May, Maksim Pozniakov, Chairperson of the BNP, was detained and remains in prison.

Hundreds of ordinary union members have been subjected to various forms of harassment and intimidation. The pressure placed on union members to resign from their unions has become harsh in a very widespread way. Interrogations of activists, illegal installation of video and listening devices in union offices have become regular exercises of the authorities.

Following a seven-hour long interrogation, Alexander Bukhvostau, President of another SPM affiliate, was hospitalized. On 30 May, Vladimir Krysenok, former member of the BNP in Novopolotsk, killed himself because of harassment and threats throughout his 12 years in jail.

The repression of independent trade unions in Belarus is politically motivated and constitutes an assault on democracy and its institutions. The arrest of trade unionists constitutes a grave violation of fundamental trade union and human rights. We urge the Belarusian Government to change course and commit to global democratic standards and to demonstrate this commitment by releasing the union leaders who have been arrested and dropping all the charges.

We call on the Committee to observe the severe deterioration in fundamental trade union rights in Belarus and apply all possible measures under the ILO Constitution to make sure that the Belarusian Government fulfils its obligations.

Interpretation from Russian: Observer, General Confederation of Trade Unions (GCTU) – The question of compliance by Belarus with the provisions of the Convention has come before the Committee several times and it remains the subject of lively discussion. We must note that the reports of the Committee of Experts on this topic over the years have not always fully reflected the situation in relation to the development of the trade union movement in Belarus.

In recent years, we have seen that various international sanctions and prohibitions have been applied to the country with consequent effects on the way in which it is able to exercise its sovereignty. We must recognize that it is not acceptable to harass or persecute trade union officials for their professional duties, for what they do in seeking to defend the interests of workers. If we look at other violations of law, however, that do affect national security interests, then they should be subject to decisions by other judicial bodies.

We must recognize that the information that we have from the Committee of Experts’ report does note that progress has been made. We must also recognize that we do now have a tripartite agreement in that country that involves the social partners in the development of economic development plans and in ensuring that social guarantees are applied in the country.

When it comes to matters relating to labour relationships in the economic interests of the citizens of Belarus, the voices of trade unions are appropriately heard, and they can also make those voices heard at the legislative level. When there have been instances of accusations of failure by Belarus to respect the provisions of the Convention, we must recognize that those have not always been made when looking at the full situation in terms of trying to ensure the economic development of the country. We call on the country to respect the Convention, but we also ask the Committee to take an objective view of developments in Belarus and to craft its recommendations accordingly.

Observer, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) – Our contribution is complementary to the statement of the IndustriALL Global Union and other global union federations.

The ILO has made numerous attempts to offer the Belarus Government support for the implementation of the Convention, but all those efforts over the years failed. The Government has failed to carry out the recommendations contained in the 2004 report of the Commission of Inquiry and continues to manifest its disrespect of the ILO’s fundamental principles and the ILO as an organization.

Last year, this Committee expressed its disappointment at the slow progress in the implementation of the recommendations of the Commission of Inquiry and urged the Government to fully implement the outstanding recommendations before this year’s Conference took place. Instead, what is happening in Belarus today indicates a further refusal by the Government to meet its obligations under the Convention. The recent arrest of union leaders, including Alexander Yaroshuk, President of the BKDP, who addressed this Committee at the previous session, is the most obvious illustration of that. We therefore believe that this Committee should adopt conclusions which call upon the Governing Body and the Office to take all and every possible measure under the ILO Constitution to secure the observance by Belarus of the recommendations of the ILO Committee of Experts and the Commission of Inquiry which were issued over 17 years ago.

Interpretation from Russian: Observer, International Trade Union Confederation (ITUC) – The Government of the Republic of Belarus over the last two decades has systematically violated Conventions Nos 87 and 98. However, in many respects, thanks to the opinions of the Committee members that have been expressed, trade unions are the last civil society organizations that have not been destroyed in the country. Trade unions were called destructive organizations before the Conference last year, and that opened the way to a worsening of the situation, leading to the organization of workers’ arrests, raids, liquidation and dissolution of trade union organizations.

The REP Union was deemed to be an extremist organization. We have seen the arrests by the KGB of more than 20 trade union leaders, including the President of the BKDP, a member of the ILO Governing Body, Vice-Chairperson of the ITUC, Alexander Yaroshuk, Vice-President of the BKDP, Siarhei Antusevich. They have been behind bars for one and a half months. We have also seen similar cases against their co-workers.

On the eve of the International Labour Conference, Maksim Pozniakov, President of the Belarusian Independent Trade Union and acting President of the BKDP, and Aliaksandr Mishuk, leader of the Independent Trade Union of Miners, were sent to jail. Zinaida Mikhniuk, Vice-President of the REP Union, was sentenced to two years’ imprisonment.

The Belarus Government is showing that it is not willing to implement the Commission of Inquiry’s recommendations. It is demonstrating that it does not respect the ILO and its supervisory bodies. We hope that decisions will be taken that are provided for by the Constitution of the ILO in response to repeated violations of the fundamental principles, as reflected in the Convention. It is also essential that all of those leaders in detention are released, and their legitimate trade union activities continued.

Interpretation from Russian: Government representative, Minister of Labour and Social Protection – I thank you for giving me this opportunity of addressing you once again to explain the position of the Government of Belarus. I sincerely thank those countries that have expressed support for the Republic of Belarus, your support is very important to us, and it gives us grounds to hope that the assessment of the situation in Belarus by this Committee will be well thought out and well balanced.

I must also say, however, that I categorically reject the politicized statements made by the representatives of the ITUC, the EU and a number of other countries. Such statements are completely groundless, and there is no evidence for what is being alleged at all. We see such statements as trying to drag the ILO into a political game, so that the ILO and this Committee become one more mechanism for exerting pressure on Belarus.

We must recognize that this Organization needs to distance itself as much as possible from such illegitimate actions. We must act in strict compliance with our mandate, and the mandate of the ILO is very clear. It relates to Conventions and Recommendations adopted within the framework of the ILO.

Decent work for all, that is a universal concept, and it brings under the auspices of the ILO all States who are Members of this Organization. That being so, there can be no place for unilateral compulsory measures of any kind. We believe that the politicized statements made run totally counter to the philosophy and fundamental principles underpinning the ILO.

Some countries, in seeking to achieve their foreign policy goals, are willing to enter into a policy of exerting pressure on other countries without paying attention to the appropriateness or not of different forums. I recently drew the attention of the ILO Director-General to the question of exerting pressure or introducing sanctions of some kind against countries that did not comply with ILO standards, and I pointed out that the way that this was being put forward was not in line with the ILO’s fundamental principles. The way in which it is being proposed that unilateral coercive measures be taken is not legitimate. I put that point to the Director-General last year. I have not yet received a response from him.

We believe, however, that we need to focus on the issues that are truly within our mandate and truly in the interests of the Members of the ILO. We need to ensure that we are seen as a centre of excellence internationally for employment issues and the protection of workers.

Secondly, we should be seen as an international organization that does not divide countries but brings them together to serve noble and lofty goals.

When I spoke earlier in my introductory comments, I described in some detail the measures being taken by the Government of the Republic of Belarus in seeking to develop and take forward social dialogue and tripartism in accordance with the recommendations of the Commission of Inquiry. I wish to emphasize that success has been achieved in developing social dialogue and tripartism and that was noted by the Committee of Experts and the direct contacts mission. But some of those who have spoken today seem to have forgotten that or just do not want to recognize it.

I would also note that we have made considerable progress over the past 20 years in cooperation with the ILO, and we are working on ensuring that we can now have collective agreements that can be applied in different parts of the country and in different sectors of our economy.

We have indeed succeeded in creating many such agreements, although we have not been able to do as much as we wanted in recent years because of the pandemic. Nonetheless, we have made significant progress.

Belarus cannot be held responsible for anything that it has done in trying to prevent trade unions from carrying out the activities that it is legitimate for them to do, that is to say, being involved in collective bargaining and protecting workers at the enterprise and sectoral levels. Indeed, there is no way that you could accuse us of not respecting that. But when there are trade unions that step beyond their remit and step into other areas, then they must be willing to be accountable for that before the law. We have the law in our country, and it is the same law that applies to all. That is not the situation only in Belarus; it is the situation in all the countries of the world.

Today, the names of a number of persons have been mentioned and, it is true, these persons are at present subject to legal proceedings. But each and every case is being thoroughly investigated and will be thoroughly dealt with through the courts I can assure you. In terms of violations of the Convention, that is simply something not appropriate to the cases that have been referred to and if you wish for more detail on the cases then we are happy to give you that information. Do not jump to unfounded conclusions, I would ask you.

The Government of Belarus is interested in continuing open and constructive dialogue with the ILO. We stand ready to work with you, not just in terms of giving effect to the recommendations of the Commission of Inquiry, but also to work on other broader labour and social protection issues. I am sure that our cooperation can make a significant contribution to ensuring that we can improve the standard of living of people in Belarus and to ensuring that the more than 10 million people who live there can enjoy all their human rights, including labour rights.

This is what the ILO is supposed to be about. This is what the Committee is supposed to be about. If this is going to happen, I would ask you not to take a partial one-sided view of our situation and, secondly, do not jump to critical conclusions about what is being done by the authorities in Belarus, when what they are doing is simply seeking to ensure respect for law and order in the country.

Let me once again call on the members of this Committee, representatives of Governments, Employers and Workers not to take decisions now which in future might be a hindrance to developing constructive cooperation between Belarus and the ILO.

I would call upon you to listen to what has been said by all who have spoken and to refrain from a unilateral politicized approach to this issue. Let me remind you once again that decent work for all is a universal concept and the ILO can bring together all the countries of the world in the service of that cause and, in that area, you will find Belarus to be a reliable and committed partner.

Worker members – We note the comments of the Government of Belarus and that the Government of Belarus has failed to implement its obligations under the Convention and the recommendations of the Commission of Inquiry. The Government of Belarus is not just failing to implement the recommendations of the Commission, it has taken escalatory measures of repression and has engaged in the intentional and systematic destruction of independent trade unions.

Without serious measures to address the impunity shown by the Government of Belarus, the whole supervisory system will be seriously weakened. The Government must immediately release all trade union leaders and members arrested for participating in strikes and peaceful assemblies or, for that matter, for exercising their civil liberties pursuant to their legitimate trade union activities, including Alexander Yaroshuk, a member of the Governing Body of the ILO, Siarhei Antusevich and Gennady Fedynich. As a matter of urgency, the Government must give access to visitors, including ILO officials to ascertain the conditions of arrest and detention and their welfare.

We note that several other union leaders arrested in April have been released, but face similar charges, including the SPB President, Mikalaj Sharakh, and the SPM President, Alyaksandr Bukhvastau. The two-year sentence against the Vice-President of the REP Union, Zinaida Mikhniuk, must be quashed and she must be released immediately.

The Government must take immediate action to implement fully the 2004 recommendations of the Commission of Inquiry and the conclusions of the Committee, including the conclusions adopted by this Committee in 2021, as well as the recommendations of the CFA.

We take note of the serious and grave deterioration of the conditions for the exercise of trade union rights for independent trade unions, including the breakdown of respect for civil liberties by the Government and the authorities in Belarus, the arrest and detention of trade union leaders, the ongoing interference in trade union affairs and the violation of privacy through searches of trade union property.

We must recall that every opportunity has been given to the Government of Belarus to comply with its obligations under the Convention, without any success whatsoever. We note with deep regret the failure of the Government of Belarus to fully implement the conclusions of the Committee, including its 2021 conclusions, and the failure of the Government to fully implement the 2004 reports and recommendations of the Commission of Inquiry, as well as the recommendations of the CFA, in 2022, after 18 years, this Committee must refer this matter to the Governing Body for follow-up at its June 2022 session so that it can consider at that time any further measures to secure compliance therewith in line with the ILO Constitution. This case must again be included in a special paragraph.

Employer members – We begin by noting the comments of the Government of Belarus and thank it for the information that it has provided to our Committee today. We also thank the participants who joined the discussion today on the case of Belarus and its application of the Convention.

We have listened very carefully to all of the representatives of Workers, Employers and Governments who have taken the floor. The majority of these contributions, in our view, focused on the issue of the application of the Convention in law and practice, taking into account the report of the Commission of Inquiry in 2004, the Committee of Experts’ observations and the Committee’s conclusions, most recently its 2021 conclusions. Therefore, we believe that the issues being discussed in our Committee have fallen within its mandate, and we appreciate the feedback on these issues that the speakers have provided.

The Employer members must note that we regret that there has not been any meaningful progress towards the implementation of the Commission of Inquiry’s recommendations, and we also deeply regret that there has been no progress towards the implementation of the Committee’s 2021 conclusions. In fact, based on the information provided by the Committee of Experts, it appears that the situation is in fact deteriorating. This is deeply regrettable.

Furthermore, the Employer members are deeply concerned at new allegations of criminal prosecution, arrest and imprisonment of trade unionists. Therefore, we join the call by other members of the Committee for the immediate release of any individuals arrested or imprisoned because of trade union activities, membership or affiliation. At a fundamental level, employers’ and workers’ organizations must be free to associate and organize their activities freely without intimidation, without interference and at a fundamental level. This is a basic compliance obligation with the Convention. In our view, this principle applies equally whether we are discussing the freedom and security of workers’ or employers’ organizations, but it is the foundational requirement for true compliance in both law and practice with the Convention and so, in our view, it is not possible for a government to take the position that it is in compliance, or substantial compliance, with the Convention while failing to respect this basic right.

In addition, taking into account our deep regret that no meaningful progress has been made regarding the implementation of the Committee’s 2021 conclusions, the Employer members must conclude this case by recalling the detailed recommendations set out in our 2021 conclusions and urging, in the strongest terms, that the Government implement these recommendations without any further delay or excuse.

The Employer members invite the Government to avail itself of technical assistance, where necessary, and request the Government to provide detailed and complete information on any measures taken and any progress made on the issues raised in the Committee’s 2021 conclusions, in consultation with the most representative employers’ and workers’ organizations nationally, and to report to the ILO before 1 September 2022. Taking into account the submissions made and the discussion of this case, as well as the Committee of Experts’ observations, the Employers’ group can support the Workers’ call for the inclusion of this case in a special paragraph.

Conclusions of the Committee

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

The Committee noted the long-standing nature and the prior discussion of this case in the Committee, most recently in 2021.

The Committee deplored and deeply regretted the allegations of extreme violence to repress peaceful protests and assembly, and the detention, imprisonment and violent treatment of workers while in custody. The Committee deplored the escalating measures deployed to repress trade union activities, as well as the systemic destruction of independent trade unions.

The Committee expressed its deep concern that, 18 years after the Commission of Inquiry’s report, the Government had failed to take measures to address most of the Commission’s recommendations. The Committee recalled the recommendations of the 2004 Commission of Inquiry noting the failure to make progress on its implementation and the need for their full and effective implementation, without further delay.

Taking into account the discussion, the Committee urges the Government, in consultation with the social partners, to:

- restore without delay full respect for workers’ rights in respect of freedom of association;

- refrain from the arrest, detention, violent treatment, intimidation or harassment, including judicial harassment, of trade union leaders and members conducting lawful trade union activities;

- investigate without delay alleged instances of intimidation or physical violence through an independent judicial inquiry;

- immediately release all trade union leaders and members arrested for participating in peaceful assemblies or arrested for exercising their civil liberties pursuant to their legitimate trade union activities and drop all related charges, including for the following persons: Aliaksandr Yarashuk – a member of the Governing Body of the ILO; Siarhei Antusevich, Vice-President of the Belarus Congress of Democratic Trade Unions (BKDP); Gennadiy Fedynich, leader of the Belarusian Union of Radio and Electronics Workers (REP); Mikalai Sharakh, President of the Belarusian Free Trade Union (SPB); Aliaksandr Bukhvostov, President of the Free Trade Union of Metal Workers (SPM); and Zinaida Mikhniuk, Vice-Chairperson of the Belarusian Union of Radio and Electronics Workers (REP);

- give access, as a matter of urgency, to visitors, including officials of the ILO, to ascertain the conditions of arrest and detention and the welfare of the above-mentioned persons;

- take immediate action to implement fully the 2004 report of the Commission of Inquiry and the conclusions of the Conference Committee on the Application of Standards, including the conclusions adopted by the Committee in 2021.

The Committee also refers this matter to the Governing Body to follow up at its June 2022 session and consider, at that time, any further measures, including those foreseen in the ILO Constitution, to secure compliance with the recommendations of the Commission of Inquiry.

In addition, the Committee reproduces its 2021 conclusions in full:

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

The Committee noted the long-standing nature and the prior discussion of this case in the Committee, most recently in 2015.

The Committee noted with great concern and deeply regretted the numerous allegations of extreme violence to repress peaceful protests and strikes, and the detention, imprisonment and torture of workers while in custody following the presidential election in August 2020 as well as the allegations regarding the lack of investigation in relation to these incidents.

The Committee expressed its deep concern that, 17 years after the Commission of Inquiry’s report, the Government of Belarus had failed to take measures to address most of the Commission’s recommendations. The Committee recalled the outstanding recommendations of the 2004 Commission of Inquiry and the need for their rapid, full and effective implementation.

Taking into account the discussion, the Committee urges the Government to:

- restore without delay full respect for workers’ rights and freedom;

- implement recommendation 8 of the Commission of Inquiry on guaranteeing adequate protection or even immunity against administrative detention for trade union officials in the performance of their duties or when exercising their civil liberties (freedom of speech, freedom of assembly, etc.);

- take measures for the release of all trade unionists who remain in detention and for the dropping of all charges related to participation in peaceful protest action;

- refrain from the arrest, detention or engagement in violence, intimidation or harassment, including judicial harassment, of trade union leaders and members conducting lawful trade union activities; and

- investigate without delay alleged instances of intimidation or physical violence through an independent judicial inquiry.

As regards the issue of legal address as an obstacle to trade union registration, the Committee calls on the Government to ensure that there are no obstacles to the registration of trade unions, in law and practice, and requests the Government to keep it informed of further developments on this matter, in particular any discussions held and outcomes of these discussions in the Tripartite Council.

As regards the demand by the President of Belarus for the setting up of trade unions in all private companies by 2020 on the request of the Federation of Trade Unions of Belarus (FPB), the Committee urges in the strongest terms the Government:

- to refrain from any interference with the establishment of trade unions in private companies, in particular from demanding the setting up of trade unions under the threat of liquidation of private companies otherwise;

- to clarify publicly that the decision whether or not to set up a trade union in private companies is solely at the discretion of the workers in these companies; and

- to put an immediate stop to the interference with the establishment of trade unions and refrain from showing favouritism towards any particular trade union in private companies.

As regards the restrictions of the organization of mass events by trade unions, the Committee urges the Government, in consultation with the social partners, including in the framework of the Tripartite Council:

- to amend the Law on Mass Activities and the accompanying Regulation, in particular with a view:

-- to set out clear grounds for the denial of requests to hold trade union mass events, ensuring compliance with freedom of association principles;

-- to widen the scope of activities for which foreign financial assistance can be used;

-- to lift all obstacles, in law and practice, which prevent workers’ and employers’ organizations to benefit from assistance from international organizations of workers and employers in line with the Convention;

-- to abolish the sanctions imposed on trade unions or trade unionists participating in peaceful protests;

- to repeal the Ordinance No. 49 of the Council of Ministers, as amended, to enable workers’ and employers’ organizations to exercise their right to organize mass events in practice; and

- to address and find practical solutions to the concerns raised by the trade unions in respect of organizing and holding mass events in practice.

As regards consultations in respect of the adoption of new pieces of legislation affecting the rights and interests of workers, the Committee requests the Government to amend the Regulation of the Council of Ministers No. 193 to ensure that social partners enjoy equal rights in consultations during the preparation of legislation.

As regards the functioning of the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere, the Committee urges the Government to take the necessary measures to strengthen the Tripartite Council so that it can play an effective role in the implementation of the recommendations of the Commission of Inquiry and other ILO supervisory bodies towards full compliance with the Convention in law and practice.

The Committee expresses its disappointment at the slow process in the implementation of the recommendations of the Commission of Inquiry. Recent developments indicated a step backward and further retreat on the part of the Government from its obligations under the Convention. The Committee therefore urges the Government to take before the next Conference, in close consultation with the social partners, all necessary steps to fully implement all outstanding recommendations of the Commission of Inquiry.

The Committee invites the Government to avail itself of ILO technical assistance.

The Committee requests the Government to provide detailed and complete information on measures taken and progress made on all of the above issues and to transmit all relevant legislative texts to the Committee of Experts before its next meeting in consultation with the social partners.

The Committee invites the Government to avail itself of technical assistance from the Office.

The Committee requests the Government to submit a report to the Committee of Experts by 1 September 2022 communicating information on the application of the Convention in law and practice, in consultation with the social partners.

The Committee decides to include its conclusions in a special paragraph of the report and to mention this case as a case of continued failure to implement the Convention.

Interpretation from Russian: Government representative – The Government of Belarus has carefully considered the conclusions of the Committee with regard to Convention No. 87. We are obliged to note that, once again, these are unfair and politicized and not objective. The Government provided information on the efforts made to give life to the recommendations. These have been ignored. Certain States asserted support for Belarus. Unfortunately, our fears have come to fruition. This ILO forum is being used for political purposes and we believe that such action is unfair.

Belarus has done much to develop tripartism and social dialogue on the basis of social partnership. This fact has not been reflected in the conclusions. We believe that the inclusion of a special paragraph on Belarus is not in line with the reality on the ground. There is no basis pursuant to article 33 of the ILO Constitution for this procedure to be engaged. In four days’ time, this is to be discussed at the 345th Session of the Governing Body. I had already indicated that a detailed report is to be provided by August to the Office.

Belarus has been a long-standing reliable partner of the ILO. We are convinced that those who are calling for the application of article 33 against Belarus are deliberately seeking to misuse the ILO. This should not be permitted. The Government is in favour of constructive and open dialogue with all ILO Members in order to achieve an inclusive, fair and secure labour sphere. All attempts to exert pressure for political ends should be fully and immediately excluded from this type of forum.