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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Kazakhstan (Ratification: 2000)

Written information provided by the Government

Regarding further improvement of national legislation to bring it into line with the Convention

In order to modernize the human rights sphere comprehensively, on 9 June 2021, the President of the Republic of Kazakhstan, K.K. Tokayev, signed the Decree on Further Human Rights Measures of the Republic of Kazakhstan. The Decree identified additional new areas of human rights-related government work with a view to ensuring the primacy of the rule of law.

This means that the protection of human rights should be ensured through improvement of the law and existing legal instruments.

On 13 April 2022, the Decree was amended by adding a new area of work – the right to freedom of association.

In order to implement the Decree, the Government has developed a Plan for Further Measures in the Field of Human Rights and the Rule of Law, which provides for “Further improvement of national legislation and law enforcement in relation to trade unions and the resolution of labour disputes, including taking into account the recommendations of the International Labour Organization” (draft Act by the end of 2022, Act by the first quarter of 2023).

In pursuit of this objective, the Ministry of Labour and Social Protection of the Republic of Kazakhstan, together with the social partners, has drafted amendments to a number of legislative acts.

The first is modification of the procedure for state registration of trade unions to the notification procedure.

The notification procedure for registration involves informing the judicial authorities of the commencement of their activities by submitting an electronic notification, which is to be completed on the e-government web portal.

If this rule is adopted, the registering body will not have the right to refuse state registration of the trade union, as stipulated by existing legislation.

The second is to simplify the procedure for putting forward workers’ demands in the event of a collective labour dispute.

It is planned to implement this work by amending the Labour Code of the Republic of Kazakhstan in terms of reducing the number of employees present at a meeting (conference) for it to be recognized as quorate, as well as reducing the required number of votes to make a decision from at least two thirds to more than half.

Simplification of this procedure will facilitate the resolution of collective labour disputes within the legal framework.

The third is holding short-term (one-hour) warning strikes.

Through the introduction of this regulation, employees will be given the right to demonstrate the seriousness of their intentions without harming production processes and causing losses to the employer.

This short-term action is expected to encourage employers to come to the negotiating table with no particular implications for either party.

The fourth is that during a strike, employers have no right to replace striking workers participating in a strike organized in accordance with the established procedure.

This regulation is aimed at increasing employers’ interest in resolving collective labour disputes.

The fifth is assigning to the employer the obligation to provide premises and create the necessary conditions for holding a meeting (conference) of employees.

The proposed amendments are currently in the process of negotiation.

Concerning the ban on Ms Kharkova and Mr Baltabay from engaging in trade union activities

L. Kharkova’s ban on holding leadership positions in public associations and other non-profit organizations expires in November 2022.

L. Kharkova requested the revision of judicial acts by way of cassation.

Her cassation application was initially examined by a Supreme Court judge with a demand to scrutinize the criminal case materials, on the basis of which a ruling was made on 7 November 2018 to refuse to transfer the application of the convicted person for consideration to the court of cassation due to the lack of grounds for reviewing the judicial acts.

On 22 May 2019 and 27 December 2019, L.N. Kharkova’s application on the submission by the Chairperson of the Supreme Court on the review of the cassation sentence was returned because there were no grounds for making a submission.

E. Baltabay’s ban on holding leadership positions in public associations and other non-profit organizations expires in 2026.

E. Baltabay did not appeal the additional punishment.

Concerning the case of Mr D. Senyavsky

It has not been possible to identify the perpetrators of this criminal offence through a series of investigative and operational measures.

On 10 December 2019, the period for conducting pre-trial investigations into the criminal case was cut short due to the failure to identify the perpetrators of the crime in question.

At the same time, officers from the Shakhtinsk City Police Department are conducting operational and investigative work in order to identify the persons who committed this crime.

Upon receipt of positive information, D. Senyavsky will be notified by the criminal prosecution authorities within the time frame prescribed by law.

Concerning the Congress of Free Trade Unions of Kazakhstan National Trade Union Association

The Association submitted registration documents four times (three times in the period from July 2018 to September 2018, and also in November 2019).

Registration was denied due to the similarity of the name to that of the already registered legal entity, the Association of Legal Entities, the Confederation of Free Trade Unions of Kazakhstan Association, and also the fact that the charter made reference to the legal succession of the now liquidated Confederation of Independent Trade Unions of the Republic of Kazakhstan National Trade Union Association.

None of the comments made in the order of 25 July 2018 have been addressed in any of the subsequent registration applications (17 August 2018, 18 September 2018 and 14 November 2019).

To date, no state registration documents have been received.

Concerning the Industrial Union of Employees of the Fuel and Energy Sector

The trade union has submitted applications five times (21 September, 4 October, 3 November and 23 December 2021, and 11 March 2022) for registration of an affiliate in Atyrau region, which was denied on all five occasions (decisions of 28 September, 11 October, and 20 December 2021, and 11 February and 18 March 2022).

The reason for the refusal was the absence of a seal on the application, incomplete payment of the registration fee, inconsistencies between the affiliate’s statutes and the legal entity’s charter, as the statutes did not disclose the legal entity’s full address.

At the same time, on 30 December 2021, an application was filed for registration of an affiliate in Almaty. However, on 10 February 2022, registration of the affiliate was denied.

On 13 April 2022, a second application was submitted for registration of an affiliate in Almaty. The affiliate was denied registration by the decision of the Almaty Department of Justice of 18 May 2022.

We note that the applicant has the right to re-apply for registration of the affiliate when the breaches are addressed.

Between 2021 and 2022 no other problems with the creation of workers’ associations were recorded. The Ministry of Labour has not received any such complaints, including from the social partners.

Concerning the review of article 402 of the Criminal Code

Consideration is currently being given to the decriminalization of article 402(1) of the Criminal Code, which penalizes calls for strike action declared illegal by the court.

It is planned to make article 402(1) of the Criminal Code an administrative rather than a criminal offence. Criminal liability will only apply where incitements to continue a strike declared illegal by the court caused substantial damage to the rights and lawful interests of citizens or organizations, or to the legally protected interests of society or the State or caused mass riots.

The proposed amendments are subject to approval by the public authorities concerned.

Concerning the inclusion of international workers’ and employers’ associations in the list of organizations providing grants

The Ministry of Labour and the Ministry of National Economy are currently considering the inclusion of a number of international organizations in the list.

At the same time, a review of the procedure for drawing up the list is being considered.

Concerning the enforcement of articles 145 and 154 of the Criminal Code and article 97(2) of the Administrative Offences Code

The Ministry of Labour has conducted an analysis of the law enforcement practice of articles 145 (violation of human rights) and 154 (obstruction of the lawful activities of employee representatives) of the Criminal Code.

Statistical data have shown that in the period from 2018 to 2022, under article 154 of the Criminal Code, two pre-trial investigations were registered (in 2018 and 2021), which were discontinued.

During the same period, no pre-trial investigations were registered under article 145 of the Criminal Code.

Likewise, no cases were recorded under article 97(2) of the Administrative Offences Code.

“In this regard, the Committee requests the Government to amend further section 20 of the Labour Code in consultation with the social partners, in order to bring it into line with the Convention and address inconsistencies in the provisions of the Labour Code referred to above. The Committee requests the Government to indicate all steps taken to this end.”

In accordance with labour legislation, workers’ representatives are trade unions and their associations, and in their absence, elected representatives – elected and authorized at a general meeting (conference) of workers by a majority vote of participants in the presence of at least two thirds of the employees (conference delegates).

In order to comply with the provisions of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135), labour legislation was amended accordingly in May 2020.

According to the new provisions of the Labour Code of the Republic of Kazakhstan, if the membership of trade unions is less than half of the organization’s workforce, workers’ interests may be represented by trade unions and elected representatives.

At the same time, collective bargaining between employers and employees without the participation of a trade union is not permitted if a trade union has been established in the organization in question.

The changes have made it possible to strike a balance between the interests of both unionized and non-unionized workers, and to take full account of the views of the entire labour collective, without infringing the rights of trade union members.

In addition, prior to the adoption of these amendments to the Labour Code, their wording was agreed upon with both the social partners and the ILO. The Ministry sent a letter to that effect, to which a positive response was received.

Discussion by the Committee

Interpretation from Russian: Government representative – We have been a Member of the ILO for many years and are fulfilling our obligations and have ratified 25 Conventions. In April 2022, we ratified the Part-Time Work Convention, 1994 (No. 175). We also established a road map for the application of Convention No. 87 and, as a part of that work, in 2020 a number of substantial changes were made to the legislation relating to trade unions, including the Labour and Criminal Codes of our country. At the Conference last year, I informed the Committee about these changes and the work that has been done in Kazakhstan. The 109th Session of the Conference made a number of recommendations. I wanted to update you on those. This work was also carried out taking into account the report of the direct contacts mission, which visited our Republic from 4 to 12 May.

I would like to say thank you to the team of the mission, headed by Niklas Bruun and which visited our Republic and issued a number of recommendations. With regard to the recommendations on our country bringing into line legislation with this Convention, we have carried out work to improve our legislation in this area, improving the registration of trade unions and giving trade unions and workers the full right to freedom of association.

We have modernized the area of rights protection, and the President of Kazakhstan has issued a decree on further measures in the area of human rights in the country, defining additional areas of work for the Government in the area of human rights and particularly with regard to securing the supremacy of law, guaranteeing the protection of human rights through the application of law and existing instruments. One of the key areas of work reflected in the decree of the President is the right to freedom of association.

The Government, on 28 April this year, confirmed measures on human rights and the supremacy of law. The Ministry of Labour worked with the social partners to develop amendments to a number of laws. The term for developing these amendments has been defined as the end of this year, and we hope they will then be put before the Parliament. Allow me to talk in more detail about the changes that we have put together with the social partners.

First is the application of the registration measures. It is worth noting here that issues were raised on the registration of individual trade unions, including as legal persons. So, the system with regard to the registration of trade union requires informing the Ministry of Justice by submitting an electronic notification, and what that means is that the registering body will not be in a position, or have a right, to refuse the registration, as is provided for by the legislation currently in force. We hope that individual trade unions will now be able to go ahead with registration.

Second, there is a system of practice in place relating to the claims or demands of workers and strikes. A number of rules have been proposed to improve this system when there are collective labour disagreements. For example, amendments to the Labour Code, reducing the number of workers necessary and a conference for the recognition of such issues, and changing the majority required from two thirds to one half. We hope that this will enable the improved resolution of collective labour disputes.

Third, the decriminalization of issues that have been criminalized in the past, including matters relating to strikes. We have looked at this issue in the cross-sectoral working group with the Public Prosecutor in May this year. The article criminalizing such activities has been removed, and as we move towards improving legislation, we are looking at the question of transposing certain provisions into the format of administrative issues.

Fourth, with regard to the notification of strikes, the introduction of these rules would allow workers to express their seriously held concerns legitimately. So, we hope that it will be possible to carry out such things without negative consequences for both sides.

Fifth, another provision to be brought in is the prohibition of replacing striking workers with other workers.

Sixth, creating the necessary conditions for unions to be able to organize and meet.

With regard to the recommendations to ensure a better basis for the investigation of accusations against trade union members, the Government is looking at this along with the Public Prosecutor. Individual cases do exist and are under consideration by the Ministry of Internal Affairs. The relevant information is being considered, and obviously all relevant bodies will be kept abreast of developments. With regard to the practice of the prosecution of trade union leaders, and three or four cases were mentioned in the report, all those criminal procedures are not linked to legitimate trade union activities, but rather to actual criminal activities. In 2021–22, there were no criminal cases against trade union leaders.

With regard to recommendations 5 and 6, relating to the registration of trade unions directly, I can say that as things stand today, we have in force a joint working group involving the Ministry of Justice, and all potential problems that might arise when associations are registered, including trade unions. It can be considered that the working group contains representatives of the judicial bodies and representatives of trade unions, so any complaints relating to registration can be looked at in this working group, based on the principle of cooperation. The adoption of amendments to legislation is ongoing, as I have said. A number of sectoral trade unions and grassroots trade unions have been registered, and the continuing work to register trade unions as legal persons will continue along with the changes to the law, which I have already informed you about.

I would like to say that in the individual cases, the rejection of registration as legal persons is something that is being looked at in terms of the basis for such decisions, and, as I have said, the law is being reviewed in this area.

With regard to favouritism, we have confederations covering around 3 million workers, around half of the workers in the Republic. We have 56 trade unions, 35 regional ones and around 400 local grassroots trade unions. In the general agreement between the Government and the associations of workers and employers, we agreed to not allow interference in the affairs of these associations. The trade unions are participating actively in the various forums for discussion. We have clearly established the obligation not to allow legal interference by the Government in civil society associations and organizations.

With regard to the changes to employers’ organizations, the National Chamber of Entrepreneurs is also being affected by the amendments that we have made, which I have already talked about.

I would like to inform you that in our tripartite work, we have agreed that individual bills will be prepared on trade union organizations. We have given our workers’ organizations the mandate to pursue effective social dialogue with employers’ organizations and the Government, and this is work that will continue this year.

With regard to international cooperation, I can inform you that changes that we have made to the Law on Trade Unions and the Labour Code will be contributed to by cooperation with international organizations. We received support through the 109th Session of the Conference and the direct contacts mission in May this year, and we will continue to work on implementing these recommendations. The Government of Kazakhstan will make every effort to further develop social dialogue in the interests of effective labour relations. We will continue with this work and bring our national legislation into line with the provisions of the Convention.

Worker members – Kazakhstan does not seem to have resolved its issues of non-compliance with the Convention, despite the numerous recommendations made and initiatives adopted in an effort to resolve the situation, including the direct contacts mission that was decided upon last year and that took place recently, in May this year.

Once again, we are obliged to note with deep concern that violations of the rights and freedoms enshrined in the Convention remain widespread in practice, despite the legislative amendments made in recent years and the draft amendments announced by the Government.

The time for declarations of intent has passed. The Government of Kazakhstan must now take specific, decisive action to bring a lasting solution to the many problems highlighted; problems that are not minor.

The problems of conformity with the Convention can only be addressed in the light of the country’s political context, which is characterized by a democratic deficit that prevents the full exercise of civil liberties, including freedom of association. Indeed, at the start of the year we witnessed the law enforcement authorities’ massive, very violent repression of peaceful demonstrations to denounce poverty, extreme social inequality and price increases in Kazakhstan.

It is clear that strict observance of freedom of association and a commitment to genuine social dialogue will offer the guarantees required to resolve the significant inequality seen in the country.

Violence against trade unionists remains rife in Kazakhstan. The Chairperson of a trade union of workers of the fuel and energy complex in Chakhtinsk, Mr Senyavsky, was a victim of such violence in November 2018. This violence is accompanied by the authorities’ lax approach to conducting investigations and prosecuting and sentencing the perpetrators. Indeed, no significant progress has been made in this case since 2018.

The same observation can be made in relation to the tragic events that took place in Zhanaozen in 2011 and caused the deaths of 17 strikers and injuries to more than 100 others following the extremely violent repression of strike action.

The maintenance of a climate of impunity for the perpetrators of such violence is extremely harmful and constitutes a major obstacle to the free exercise of freedom of association in the country.

Additionally, the Criminal Code allows for bans on the holding of public offices, including trade union offices, in contravention of the Convention. Ms Kharkova, Chairperson of the Confederation of Independent Trade Unions of Kazakhstan (KNPRK), and Mr Baltabay, leader of the Industrial Union of Employees of the Fuel and Energy Sector and who testified before our Committee several years ago, are subject to that sanction, which constitutes a restriction to their freedom of association.

These two examples illustrate the judicial harassment against trade union leaders that continues to occur in the country.

The use of administrative arrest to hinder legitimate industrial actions is also part of this judicial harassment. We have observed such practices, for example, in October 2021 with the administrative detention of Zhenis Orynaliev, a few months after he was elected Chairperson of his trade union and on the same day as planned industrial action by the union, as well as in December 2021 with the administrative detention of Saule Seidakhmetova, leader of the Ymit trade union, for ten days for her participation in legitimate action that had been declared illegal by an administrative court.

Other trade unionists are also prohibited from holding any office in a public or non-governmental organization in retaliation for their trade union activity, including Mr Eleusinov and Mr Kushakbaev, leaders of a trade union of workers in the fuel and energy sector.

The Committee of Experts has also noted that the Criminal Code provides for prison sentences for incitement to continue a strike declared illegal by the court. The Government has announced that an in-depth review of article 402 of the Criminal Code will form part of a plan comprising urgent measures to be adopted in the area of human rights, including freedom of association.

Imposing punishment or sanctions for simply calling for a peaceful strike, even a strike declared illegal by the courts, is contrary to the Convention.

The report of the Committee of Experts once more highlights the recurrent problem in Kazakhstan of the procedures for registering and re-registering trade union organizations. Many trade union organizations encounter serious difficulties in a process that should be a simple formality.

We regret to note that, time and time again, these registration procedures are used to hinder the establishment or operation of free and independent trade union organizations, in total contravention of the Convention.

In 2017, the registration of the KNPRK, now the Congress of Free Trade Unions (KSPRK), was withdrawn in retaliation for the Committee’s discussion of the case. Five years later, and despite the Government’s repeated expressions of commitment to resolving the matter, even before this Committee, that trade union remains unregistered.

The Industrial Union of Employees of the Fuel and Energy Sector was subject to a court decision to suspend its activities, leading to a process to dissolve it. The direct contacts mission was unable to resolve the situation, a fact that it regretted in its report.

Kazakhstan must continue its work, in consultation with the social partners, to ensure the effectiveness, impartiality and independence of these registration procedures.

In that regard, we invite Kazakhstan to review the composition of the permanent working group responsible for examining the issues linked to the registration of trade unions so that independent trade unions may be included.

Lastly, legislation prohibits in principle financial assistance from international organizations of workers. That legislation provides for some exceptions, but under conditions that are much too strict and that greatly hinder freedom of association, in contravention of Article 5 of the Convention.

As we have known and repeated for many years, there is a long-standing failure to recognize fundamental labour rights and freedoms in Kazakhstan.

This is also something that we have witnessed in the events that took place at the start of this year: an environment in which civil liberties, including trade union freedoms, cannot be exercised freely can only give rise to injustice.

It is, therefore, the responsibility of the Government to re-establish an environment conducive to the exercise of these civil liberties and to embark upon a genuine process of dialogue with the social partners that is able to ensure lasting social peace and pave the way for greater social justice for the population of Kazakhstan.

Employer members – We thank the Government for its report here this morning in the Committee, and for the detailed information provided. We also thank the Government for its submission dated 28 May and have carefully considered all of this information.

We note with particular interest the Government representative’s submissions about the changes affecting the National Chamber of Entrepreneurs and its stated commitment to social dialogue.

Our discussion of the case of Kazakhstan in respect of the Convention this year is timely, in order to be able to assess what achievements have been made in the implementation of the Committee‘s conclusions from last June as well as taking into account the ILO direct contacts mission that took place in early May 2022.

It will be remembered, among other things, that the Committee last year had requested the Government to accept an ILO direct contacts mission before this year’s session of the International Labour Conference. The Employer members are pleased that this ILO direct contacts mission to Kazakhstan was accepted and took place at the beginning of May.

We note that the ILO mission was able to meet with all state bodies and persons that it identified as important to meet with. The mission welcomed the Government’s readiness and interest in continuing to engage and cooperate with the ILO.

While the ILO mission also noted progress towards conformity with the Convention in legislation and practice, it was nevertheless not entirely convinced that all steps have been taken in this regard. This coincides with the Employer members’ assessment of the information contained in the Committee of Experts’ report and provided by the Kazakhstani Government. Therefore, I would like to address the outstanding issues from our perspective.

First, a major issue regarding the employers’ freedom of association under the Convention in Kazakhstan relates to the creation, by law, of the National Chamber of Entrepreneurs (NCE). It may be recalled that the NCE has compulsory membership and all-encompassing competencies to represent employers which has had the effect of marginalizing free and independent employers’ organizations.

A positive step taken by the Government was that it repealed section 148(5) of the Labour Code, which provided for the NCE’s authority to represent employers in social dialogue at the national, sectoral and regional levels. So, according to the law, the NCE is not supposed to participate on behalf of employers in social dialogue and collective bargaining.

However, the ILO direct contacts mission found evidence that the Government is still engaging the NCE in social dialogue and that the NCE is still involved in collective bargaining. In other words, legal change has been implemented but this change has not been implemented in practice.

We also note that the issue of the accreditation of employers’ organizations in the NCE has not been satisfactorily addressed. That is not, as the Government seems to suggest, just an internal matter of the NCE, which is a semi-state organization.

Employers’ organizations, through accreditation, become financially dependent on the NCE and are therefore no longer free in the representation of their members’ interests. In our view, the accreditation system should be discontinued. In any case, employers’ organizations accredited with the NCE must be considered as part of the NCE’s structure and therefore cannot be considered eligible for participation in social dialogue and collective bargaining.

To summarize this issue, the Employers’ group calls upon the Government to ensure that the NCE, in line with the law, completely withdraws from social dialogue and collective bargaining and leaves this area of competence to free and independent employers’ organizations. The system of accreditation of employers’ organizations in the NCE should be discontinued. In addition, to further reinforce the recognition of the freedom of association of employers and their organizations, it may be opportune to adopt regulations that set out the independence and autonomy of employers’ organizations and determine the conditions for their eligibility for participation in social dialogue and collective bargaining.

There are also issues of compliance with freedom of association regarding workers’ issues where we have failed to see visible progress. In particular, we note the issue of the right of organizations to receive financial assistance from international organizations of workers and employers which is protected under Article 5 of the Convention. To this effect, we note the intention of the Government to consider the inclusion of a number of international organizations on the list of organizations that can provide grants in Ordinance No. 177 of 9 April 2018, and to review the procedure for drawing up this list. We call upon the Government to amend this list and keep us informed of the outcomes of the review of the procedure for drawing up the list.

We note that with respect to the issue of the registration of the Confederation of Independent Trade Unions of Kazakhstan (KNPRK), things do not seem to have progressed. The Government has indicated that none of the comments made in the order of 25 July 2018 have been addressed in any of the subsequent registration applications by the KNPRK and that, to date, no state registration documents have been received. Concerning the refusal of the registration of the Industrial Union of Employees of the Fuel and Energy Sector, according to the Government on 30 December 2021 an application was filed for the registration of an affiliate which was denied. A second application was recently received on 18 May 2022. We also noted the intention expressed by the Minister of Labour and Social Protection to the ILO direct contacts mission to simplify the present registration procedure by either replacing it with a notification procedure or by allowing trade unions to function without registration. This draft law, we understand, should be developed by the end of 2022.

The Employers welcome this plan and trust that there will be a full consultation with the social partners with respect to this new law, which will hopefully be adopted in short order.

In the meantime, we request the Government to continue to find a solution to the issue of the unresolved status of the registration of the KNPRK and the Industrial Union of Employees of the Fuel and Energy Sector.

Finally, we note that the Committee of Experts has rendered a number of comments on section 402 of the Criminal Code, according to which an incitement to continue a strike declared illegal by the Court is punishable by up to 50 days’ arrest and in certain cases for up to 2 years of imprisonment. We will not address the Worker members’ comments in this regard and we will not comment on the Committee of Experts’ observations in this regard or the Government’s submissions today as, in our view, there is no basis for making any request to the Government in this regard. As is well known, in the view of the Employers and the Government group of the ILO Governing Body, the right to strike is to be regulated at the national level. This Convention does not contain rules on this, and this point can, therefore, neither be addressed in the conclusions of this case or in any substantive way in our discussion.

Interpretation from Russian: Worker member, Kazakhstan – The Federation of Trade Unions of Kazakhstan (FPRK), which is the largest workers’ organization of Kazakhstan, has 23 sectoral trade unions and local trade unions, bringing together more than 2 million members. Alongside our Federation, there are two other republican associations, the Kazakhstan Labour Confederation and Amanat. Together, we are making efforts, and one example of this is a general agreement from 2021–23; all three trade union confederations adopted the same position and submitted/shared a draft to the Committee. The FPRK has always been in favour of unitary action by trade unions and has already supported solidarity programmes for international trade union organizations. We have repeatedly spoken in favour of the position of our colleagues Larisa Kharkova, Dimitri Senyavsky, Erlan Baltabay and others on the overturning of previous convictions and the registration of their respective trade unions. The FPRK is making every effort to apply the principles of the International Labour Organization, including via new legislation.

The Government has drafted and introduced proposals relating to the application of ILO experts and the conclusions of the Committee, and these have been reflected in the law adopted in May. This contains provisions for the members of the trade unions that have been mentioned, ensures international cooperation and support and simplifies the conditions for confirming the status of trade unions when registering with the State.

At the moment, the FPRK is initiating further improvements to these rules, particularly the transition to the notified registration of trade unions, and this is an initiative that is supported by the Government.

Individual national laws have led to improvements in the situation, particularly with regard to article 402 of the Criminal Code. The comments of the Committee of Experts on this issue have certainly been considered. But there is also the issue of the incidents that have led to justified detention. We are looking to further improve the legislation in the country by carrying out, for example, procedures relating to requirements for strikes, strengthening the arbitrational committees’ role and increasing the role of trade unions when discussing labour disputes.

The cross-ministerial committee of the Government is further looking into these issues, and shortly the bill will be appearing before the Parliament in Kazakhstan. Furthermore, representatives of the FPRK have made a number of proposals to the bill on safe conditions of work and the protection of workers’ rights.

One amendment proposed by us relates to the index linking of wages for short-term employment. We are also continuing our work in the area of technical cooperation with the ILO and the International Labour Standards Department.

In conclusion, I would like to reassure you that the FPRK has always been in favour of constructive dialogue between the social partners in the interest of workers. We are entering a new stage of development of our country and we hope that the ILO will support us with technical assistance with regard to the application of the Convention. Expectations in the country are extremely high, and these expectations should not be disappointed.

Interpretation from Russian: Employer member, Kazakhstan – We are aware of the recommendations that have been made last year and this year, and we are seeing certain effects of their application in Kazakhstan. The ILO certainly played a huge role in the improvements that have taken place.

I represent the National Confederation of Employers. Our Confederation underwent fundamental change: strengthening the leadership team; identifying the areas of work; and reviewing short- and long-term objectives.

I would like to say that in these two months the number of members has increased threefold, and work in this area is ongoing. I would also like to thank the direct contacts mission headed by Mr Bruun. All of the issues relating to the legislative changes and other issues raised by the mission are being worked on. We are seeing an independent employers’ organization and new laws going before the Parliament. The direct contacts mission identified a number of areas where there are inconsistencies, and these need further work. However, as the Chairperson of our organization mentioned on the occasion of the visit, it is important to continue building a strong and independent employers’ organization that can effectively defend the interests of employers.

Our Confederation is working actively together with international organizations and will continue cooperation to develop and strengthen social dialogue in Kazakhstan. Our objectives are very much in line with the overriding objectives of our country, and we all see the need for effective reform in Kazakhstan.

Government member, France – I have the honour of speaking on behalf of the European Union (EU) and its Member States. The candidate country Albania, and the European Free Trade Association country, Norway, Member of the European Economic Area, 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, the right to organize and freedom of association.

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

The relationship between the EU and Kazakhstan is governed by the Enhanced Partnership and Cooperation Agreement, which has enabled us to strengthen our bilateral cooperation. With this Agreement, the parties reaffirm their commitment to effectively implementing ratified ILO Conventions and the fundamental ILO Conventions.

While we acknowledge the progress made by the Government in amending parts of its legislation, we are concerned that Kazakhstan has become a recurrent case at the Committee. Conformity with the Convention, both in law and practice, is now being discussed for the fifth time in the last six years. We encourage the Government to swiftly address the outstanding issues in order to comply fully with the Convention.

We once again urge the Government to repeal article 402 of the Criminal Code, which criminalizes calling on workers to participate in a strike that has been declared illegal by a court. This article is incompatible with freedom of association and the Government’s responsibility to protect the right of workers and employers to organize their activities, including the right to strike.

Beyond legislative amendments, we call on the Government to ensure that freedom of association, the right to establish organizations without previous authorization and the right to organize are fully respected, both in law and practice. This is cause for concern, also given that the limitation of workers’ rights may have been one of the core problems leading to the tragic events of January 2022 that began in the mining town of Zhanaozen.

We note with concern that despite the clear conclusions of the Committee’s last discussions, the long-standing issue of the registration of the KSPRK and the Industrial Union of Employees in the Fuel and Energy Sector has still not been resolved to allow them to enjoy the full autonomy and independence of free and independent workers’ organizations to fulfil their mandates and to represent their constituents without further delay. We request that the Government resolve this issue, including through closer engagement with the social partners, in order to find a resolution to the difficulties identified by the trade unions seeking registration, thereby guaranteeing the workers’ right to establish organizations without previous authorization.

We note that the Committee on Freedom of Association continues to examine the cases of Mr Baltabay and Ms Kharkova, as well as the case of Mr Senyavsky. The EU and its Member States deplore any violation of the fundamental rights of trade unionists and any act of harassment, intimidation, aggression or imprisonment against them. The absence of effective investigations and judgments reinforces the climate of insecurity and impunity, which are damaging to freedom of association.

We also reiterate that employers’ and workers’ organizations should not be prevented from receiving financial or other assistance from international organizations of workers and employers, in line with the conclusions adopted last year.

Lastly, the EU and its Member States expect that the concerns raised in this statement will be addressed in the ongoing comprehensive reform processes initiated by the new Administration of President Tokayev. We will continue to follow and analyse the situation and remain committed to our close cooperation and partnership with Kazakhstan.

Interpretation from German: Worker member, Germany – I speak on behalf of workers in Germany and in the Nordic countries. In last year’s conclusions, this Committee formulated precisely what steps the Government must take to bring its legal situation and practice into line with the Convention. Unfortunately, we are not seeing the Government delivering on what it explicitly promised in its final statement given to this Committee. Of particular concern is the continued criminalization of the activities of trade unions and their members. This Convention guarantees that these activities can be carried out in an environment that respects fundamental civil rights and liberties, for, to quote the Committee on Freedom of Association, “the absence of these civil liberties removes all meaning from the concept of trade union rights”. How are trade unions supposed to support workers in dealing with the consequences of the COVID-19 pandemic when their representatives fear arrest and imprisonment at every step!

In October 2021, the police arrested the President of the new Platform Workers’ Union on the very day that the new union was planning a strike. In December 2021, the President of the Crane Operators’ Union was sentenced to ten days in prison for taking part in an allegedly illegal rally. Trade union leaders and representatives sentenced to prison under dubious circumstances are not allowed to resume their activities even after their sentence has expired.

The President of Kazakhstan has signed a Decree on further measures of the Republic of Kazakhstan in the field of human rights, which also aims to protect freedom of association. The UN Committee on Economic, Social and Cultural Rights stated in November 2021 that the Decree has no practical effect.

The Government stated in its written information of 28 May 2022 to the Committee that an action plan should implement the ILO recommendations by the end of 2022 or the first quarter of 2023. This stalling tactic is unacceptable given the fact that for years we have been discussing the violations of the Convention. We therefore call on the Government to submit to this Committee specifically what steps it will take to finally and fully implement the obligations under the Convention.

Government member, Türkiye – We thank the Government of Kazakhstan for the information it provided and welcome its willingness to constructively engage and cooperate with the ILO. The Government of Kazakhstan has demonstrated efforts to strengthen and adapt its current legislative framework to bring it into line with ILO standards. We encourage the Government of Kazakhstan to continue to undertake necessary steps in this regard.

We welcome that a direct contacts mission of the ILO visited Kazakhstan in May this year to discuss the implementation of the Convention, and progress in ensuring trade unions enjoy the right to freedom of association was observed by the ILO mission.

We commend the positive steps taken by the Government of Kazakhstan in consultation with the social partners, including its taking into account the observations of the Committee of Experts to amend its internal laws. Recent amendments, such as the transfer of the state registration of trade unions to a notification procedure and the simplification of the procedure for organizing a strike, made by the Government of Kazakhstan in order to bring its national legislation into accordance with the standards of the Convention should be acknowledged.

It should be emphasized that the Government is determined to work on the issues raised by the ILO and the social partners in a spirit of constructive dialogue and is ready to enter into an open discussion on how to further improve the situation with trade unions.

In addition, we are pleased that significant political reform aimed at the further transformation and modernization of the country, including on the protection of human rights and the rule of law, was initiated by the presidency of Kazakhstan.

We believe that Kazakhstan, which fulfils its obligations in the submission of reports related to the ratified ILO Conventions, will continue to work with the ILO and the social partners in close cooperation.

Worker member, United States of America – Unfortunately, since this body last discussed this case last year, the Government of Kazakhstan has continued to arbitrarily deny registration to independent trade unions. For example, the Government still has not addressed long-standing concerns regarding the registration of the Confederation of Independent Trade Unions of Kazakhstan (KNPRK). Starting in December 2021, the Industrial Trade Union of Fuel and Energy Workers of Almaty has had their registration papers rejected on four separate occasions based on alleged irregularities in the paperwork.

Meanwhile, the trade union of workers of the fuel and energy complex of the Almaty region has been denied registration six times and each time for a new reason. While it is true that the Government has established working groups to reform the Labour Code, independent trade unions have been totally excluded from this process. In addition, the Government has continued its campaign of legal harassment against independent trade union leaders; Larisa Kharkova, the former Chairperson of the KNPRK, remains under modified house arrest and is banned from serving as a trade union leader. Several other independent trade union leaders, including Mr Baltabay, remain subject to similar bans.

Despite the efforts of the Committee of Experts and this Committee, it is unfortunately clear that the Government continues to play politics with the union registration process. We call on the Government of Kazakhstan to end its campaign to squash independent trade union activity and fully implement the recommendations contained in last year’s 2021 Committee report without further delay.

Government member, Canada – Canada considers Kazakhstan an important partner in many areas of international cooperation.

We note that this is the fifth time in six years that the Government of Kazakhstan has been called to appear before this Committee to discuss its implementation of the Convention.

We welcome the progress made by the Government in responding to some of the recommendations made by this Committee.

We also hope that the political reforms announced in March 2022 will strengthen the universality of human and labour rights and reduce the number of reported incidents of harassment of trade unionists and restrictions on the right to freedom of association and peaceful assembly.

We call on the Government to protect effectively, in law and practice, the right of all persons, including trade unionists, to organize and to participate in peaceful demonstrations.

Canada remains concerned that some trade unions continue to encounter obstacles to their establishment and registration, and that the long-standing problem regarding the registration of the FPRK and the Industrial Union of Employees in the Fuel and Energy Sector remains unresolved.

We therefore call on the Government, in consultation with the social partners, to resolve definitively and without delay the difficulties currently hindering the trade union registration process.

Lastly, we encourage the Government to avail itself of the ILO’s technical assistance and to continue to engage with the ILO to ensure full respect for the principles of the Convention.

The Government of Canada remains committed to working with Kazakhstan to that end and as a partner. We support the Kazakh Government’s ambitious programme of political reform, and we commend it for continuing its investigations into the events of January.

Government member, United States of America – This Conference Committee has discussed the Government of Kazakhstan’s lack of progress to address serious issues of non-compliance with the Convention every year since 2015, except in 2018 when a high-level tripartite mission visited the country.

The Decree on further human rights measures was recently amended to include freedom of association, including the development of a work plan to address long-standing issues. We note plans to amend legislation, including the possible decriminalization of article 402(1) of the Criminal Code, which penalizes calls for strike action declared illegal by the court.

However, significant work remains. We note the dissolution of the Industrial Union of Employees in the Fuel and Energy Sector (ITUFEW) following a court decision to suspend its activities in February 2021. We regret the Government’s failure to work with the country’s last remaining independent trade union to allow it to stay operational, as their subsequent attempts to re-register were rejected.

We call on the Government to uphold its commitment to respect and promote freedom of association under the Convention, in both law and practice. This requires: respect for the full autonomy and independence of free and independent trade unions and employers’ organizations, including by immediately ceasing acts of violence, harassment and interference; eliminating practices and vacating existing orders that prohibit or impose restrictions on trade unionists and leaders engaging in legitimate trade union activities, including those against Larisa Kharkova and Erlan Baltabay; continued engagement with the social partners to address obstacles in the union registration process, including the removal of geographic requirements for sectoral unions which, in practice, can limit independent oil sector unions concentrated in the western region; the immediate registration of the ITUFEW and the Confederation of Independent Trade Unions of Kazakhstan (KNPRK); further review of section 402 of the Criminal Code to ensure that penalties for calling strike action are not excessive; continued review of the Law on the National Chamber of Entrepreneurs (NCE) to ensure it does not hinder the rights of employers’ organizations; and inclusion of the ITUC and the IOE in the list of organizations permitted to provide grants to individuals in the country under Ordinance No. 177. We urge immediate and effective action on these long-standing recommendations. We remain committed to engaging with the Government to advance workers’ rights in Kazakhstan.

Observer, IndustriALL Global Union – I am speaking here on behalf of the IndustriALL Global Union that represents more than 50 million workers in the oil, gas, mining, energy and manufacturing sectors throughout the world, including Kazakhstan.

For more than ten years, since the tragedy in Zhanaozen in 2011 where at least 17 people were killed and over 100 injured, without any justice so far, we still do not see any improvement in the situation of trade union rights in the country. And we believe that Kazakhstan continues to avoid fulfilling its obligations under the Convention. And I particularly want to refer to the system of registration procedures which remains complex and serves to prevent the creation of free and independent trade unions.

The Industrial Trade Union of Employees of the Fuel and Energy Sector has reported that its regional branches failed to obtain registration for far-fetched, unfounded reasons on numerous occasions. The registration of the union branch in Atyrau, as was already mentioned, was denied six times and each time with a new reason.

Over 60 large, spontaneous strikes, mainly in the energy and oil sector last year, and the massive protests in January of this year where at least 160 people were killed, clearly demonstrate that the dissolution and oppression of democratic institutions in the society of Kazakhstan leads to tragic consequences.

There is a lesson to be learned from these mass protests. It is the policies and practices, not the external forces, that have provoked the social and labour conflicts strongly suppressed by the police and the security forces. The main lesson is that dialogue with the relevant parties, a commitment to openness and democratic values, social dialogue and collective bargaining at the sector level with trade unions, especially in the sectors which bring Kazakhstan its wealth, are needed to build a sustainable society in the country.

The President of the country has announced steps to strengthen democratic traditions in the country. The referendum on 5 June will consider a vast package of amendments to the Constitution. There is a glimmer of hope; however, all words must be followed by actions.

We once again urge the Government of Kazakhstan to take all the necessary actions to make sure that the country, the Government, complies with the obligations under the Convention.

The union registration procedure must be simplified based on notification by trade unions. Any restriction on union activity must be lifted, and all the charges against union leaders must be dropped, including removing the charges from the records of trade union leaders.

Interpretation from Russian: Observer, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) – The issue of freedom of association in Kazakhstan is something that this Committee has returned to numerous times, and the starting point for it was the repressed strike in 2011 in Zhanaozen. A peaceful strike for increased wages took place over a number of months, and it could have finished around the negotiating table with the signing of an agreement or by establishing a list of differences of opinion. That would have been the direct duty of the State – creating the conditions for negotiation as required by the Convention and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). Instead of that, armed troops came into the strikers’ village on 16 December 2011 and received the order to open fire. Since then, the Government has continued along this path, banning independent trade unions, criminalizing strikes or any independent activities of workers and repressing trade union leaders. This deprives trade unions of their right to freedom of association and the right to organize.

Since our last consideration of this issue, the number of strikes has been increasing. They take place in a number of regions and in a number of industries, and it is worth noting two particular characteristics. Firstly, they are all peaceful, they are well-organized, and their participants participate with a high level of discipline and order, not allowing extremism within their ranks. They show that they are ready for civilized and dignified negotiation. In practically all these instances, these workers are demanding the lifting of restrictions on the establishment of trade unions as required by Conventions Nos 87 and 98.

There is an opportunity in the country today. We hope the Government will use this opportunity, lifting restrictions on trade union rights and particularly on the establishment of the KNPRK. But the situation is still particularly worrying and deserves close and concerned attention from the International Labour Organization.

Interpretation from Russian: Observer, International Trade Union Confederation (ITUC) – I represent the Industrial Trade Union of Employees of the Fuel and Energy Sector, which has suffered from the dissolution of the KNPRK. Unfortunately, the Government is ignoring the recommendations of the ILO and dissolving independent trade unions and attempts to register trade unions are not met with success. We are continuing to receive refusals from the Ministry of Justice under false pretexts.

The official registration of trade unions means that if they do not go through that process, it is not possible to participate in collective bargaining, and this leads to social conflicts, including those we saw in January 2022. Protests and gatherings are declared to be illegal, and the dissolution we see of these organizations leads to workers being dismissed if they voice their demands; there is no mechanism to protect their rights, they are denied their rights, there are no collective agreements, and in a sector where profits are high, workers are finding it difficult to make ends meet, particularly in those areas that do produce such high-value, high-profit products. It is necessary to put an end to these attitudes and legalize trade unions, ensuring their protection and giving them rights in the face of their employers, giving my organization, the KNPRK, legal status. All of these are in line with the recommendations of the Committee of Experts and the mission, as well as the provisions of the Convention.

We call on you, members of the Committee, to take the necessary measures to ensure that this happens.

Interpretation from Russian: Government representative – First of all, if you will allow me, I would like to thank all of those who have spoken on behalf of Governments and workers’ and employers’ associations. We welcome your comments with regard to the law and practice in our country.

I would like to say that in order to achieve social peace in our country, the President, in March, addressed a message to the people of Kazakhstan identifying the initiatives for reform with a view to modernizing our country. This reform would establish a basis for a new Kazakhstan. The key elements have already been mentioned, but I think they are worth re-emphasizing. These are political reforms establishing policies through increased democratization and strengthening human rights. In this regard, I would like to say that literally tomorrow a referendum will take place in our country on changes to the Constitution.

The essence of these changes is directed towards the modernizing of the political system and a transition to a presidential Republic with a strong Parliament. This is a system that would strike an optimal balance between the relevant, or relative, institutions in the country and secure the effective governance of Kazakhstan.

In accordance with the instructions of the President, the Government has confirmed the programme for wage increases in the country, and this is a programme that includes a number of systems within the reform, particularly in the social sphere. The Minister has been drafting a social code, including the implementation of a number of initiatives to remove inequality and secure the rights of our citizens. There will be a number of key areas for social protection and it will apply throughout the life cycle of citizens, from birth to old age.

With regard to the questions relating to the criminal prosecutions – once again, I would emphasize that all questions relating to the criminal prosecutions are under the authority of the Public Prosecutor. Such criminal prosecutions are not related to trade union activities. Over the last two years, there have not been any criminal prosecutions with regard to trade union activists. With regard to the Criminal Code and additional penalties relating to specific activities, I would like to say that these additional sanctions are ruled upon by the courts. This is governed by the decree from April this year. At the moment, the format of the cross-departmental committees considering this issue and a number of rules is being proposed to improve the Criminal Administrative Code. This work is being carried out in our Ministry as well; we are making our contribution and are preparing to contribute to it more, contribute to the cross-departmental group on the possible changes to the Criminal Code with the participation of the Public Prosecutor.

With regard to the registration issue, as I have said, there are a number of changes under way which have allowed for an improved capacity for trade unions to represent the interests of their work. There have been no complications that have arisen in these processes. There are individual complications in registering trade unions, and these are looked at on a case-by-case basis, particularly in the working group that we have in the Ministry of Justice, so any complications arising can be looked at, and we can broaden the working group to include representatives of workers and employers.

The changes which will be proposed this year will move towards improving existing legislation on the registration of legal persons, and we hope very much that individual difficulties, of a technical and legal nature, can be resolved and their status as legal persons can be confirmed. We consider the links between employers’ and workers’ organizations and the ILO. I think it is worth stating here that they are assigned tasks both in the Constitution and within their organizations. The rules that do exist are not obstacles to their participation in international organizations, whether we are talking about training or other activities. There is a list of organizations which carry out beneficial work and all of them are included on this list, and it will be possible to extend this list in order to include further organizations which benefit the interests of workers and employers. The issue of financing from abroad and a ban on that for workers’ and employers’ organizations is not something that is under consideration.

Allow me, once again, to emphasize that during the direct contacts mission, we informed our international partners that the National Chamber of Entrepreneurs (NCE) does not represent the interests of the employers’ organizations. We have been quite clear in this area. The representatives of the NCE have been excluded. We are working exclusively with employers’ organizations representing the interests of employers and will continue to raise awareness about the way that the representation of employers’ interests works, effectively representing the interests of business, including small business. So, we have worked with our social partners to say that we will be working on a separate bill on employer associations, and this is something that we will be beginning very soon so that we can clearly establish the role and tasks of our employers’ organizations.

Once again, allow me to reaffirm my Government’s commitment to observing international standards, and we are undertaking all possible efforts to ensure that our law and practice is in line with the provisions of the Convention.

Worker members – We have noted the written and oral information provided by the Government of Kazakhstan, and we thank the speakers for their contributions.

We fear that the Government’s stated intentions are not always translated concretely in practice.

Genuine social dialogue is required to remove the obstacles, both legal and practical, faced by trade union organizations in the exercise of their freedom of association.

With regard to the registration and re-registration procedures, we invite the Government to review the composition of the permanent working group responsible for examining the issues linked to the registration of trade unions so that independent trade unions may be included.

In this context, the Government will guarantee the effectiveness, impartiality and independence of these registration procedures and examine, in consultation with the social partners, the actions to be taken to permanently remove the legal and practical obstacles to trade union registration.

In particular, it will also remove the arbitrary obstacles hindering the registration of the KSPRK and the Industrial Union of Employees of the Fuel and Energy Sector.

The reclassification of the formerly criminal act of incitement to a strike declared illegal as an administrative offence does not bring Kazakh legislation into line with the Convention.

The simple act of calling for a peaceful strike should not be subject to sanctions of any kind, whether criminal or administrative, and we call for all sanctions provided for in legislation in that regard to be abrogated.

The Government will also ensure that the criminal sanction that deprives trade unionists of the right to hold any trade union office is abrogated. Moreover, we request that this sanction as imposed upon Ms Kharkova and Mr Baltabay is lifted as soon as possible.

We call on the Government to strengthen its efforts to undertake serious investigations into acts of violence against trade unionists and to prosecute and sentence the perpetrators by means of dissuasive sanctions, particularly in the case of Mr Senyavsky.

Lastly, we call on the Government to lift the ban on receiving financial assistance from international organizations of workers and employers and not to impose any condition that hinders the right to such assistance as set out in Article 5 of the Convention.

It is our understanding that the country is engaged in a process of reform following the tragic events of January this year. The time has come to respond to the root causes of these social tensions in the country. In our view, those causes relate in particular to the serious limitations on freedom of association, the absence of collective bargaining on socio-economic matters and, more generally, the lack of genuine social dialogue.

We would therefore like our Committee to repeat all the recommendations made in previous years, and we call on the Government to implement, as soon as possible, all of those recommendations, as well as the recommendations that we make this year, so that Kazakhstan does not remain a recurrent case.

We encourage the Government to draw up a time-bound plan of action with a view to ensuring that all of these recommendations are implemented. To that end, we encourage the Government to avail itself of ILO technical assistance in drawing up, implementing and evaluating that plan of action, in consultation with all trade union organizations.

In particular, we call on the Government to draw on, in a systematic and ongoing manner, ILO technical assistance in relation to the work of the permanent working group responsible for examining the issues linked to the registration of trade unions.

The Government will submit a full report to the Committee of Experts before its next session and before its March 2023 session on the initiatives adopted to implement the recommendations that it will receive from our Committee.

Employer members – We have listened very carefully to the Government’s submissions and all of the interventions that followed.

Taking all of the submissions into account, the Employer members urge the Government as follows: first, we urge the Government to take appropriate measures to resolve the registration of the KNPRK and the Industrial Union of Employees of the Fuel and Energy Sector. We urge the Government to engage with the social partners on issues concerning the registration of trade unions and the challenges faced in this regard. We take special note of the Government’s submissions on the issue of the NCE as well as its indication of the intention to create a draft bill regarding employer associations.

We call on the Government therefore to ensure that the NCE, in line with the law, completely withdraws from social dialogue and collective bargaining and leaves this area of competence to free and independent employers’ organizations. This system of accreditation of employers’ organizations in the NCE should also be discontinued.

In addition, taking into account the Government’s submission on its intention to create a bill on employers’ associations, we note that to further reinforce the recognition of the freedom of association of employers and their organizations, it would be most opportune to adopt a law or regulation that sets out the independence and autonomy of employers’ organizations and sets out the conditions for their eligibility for participation in social dialogue and collective bargaining at the various levels.

Furthermore, the Employer members note that any such drafting of such legislation should be done in consultation with the most representative employers’ and workers’ organizations.

Furthermore, we urge the Government to consider extending the list in Ordinance No. 177 of 9 April 2018 to cover international workers’ and employers’ organizations such as the ITUC and the IOE.

Finally, we request the Government to provide its report on the developments in this regard and the measures taken to respond to the issues raised in our discussion today by 1 September 2022.

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 and persistent nature of the issues and the prior discussion of this case in the Committee, most recently in 2021.

The Committee regretted that the previous recommendations of the Committee had not been fully addressed.

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

- ensure that the allegations of violence against trade union members are thoroughly investigated, notably in the case of Mr Senyavsky;

- allow an independent investigation of the Zhanaozen events of 2011;

- stop practices of judicial harassment of trade union leaders and members conducting lawful trade union activities and drop all unjustified charges, including the ban preventing trade unionists from holding any position in a public or non-governmental organization;

- resolve the registration of KSPRK and the Industrial Union of Employees of the Fuel and Energy Sector (STUFECE) so as to allow them to enjoy the full autonomy and independence of a free and independent workers’ organization, to fulfil their mandate and to represent their constituents without further delay;

- engage with the free and independent employers’ and workers’ organizations to review issues concerning their registration in law and practice with a view to overcoming existing obstacles;

- review the composition of the permanent working group that assesses areas of concern involving the registration of trade unions, so as to ensure the full involvement of independent workers’ and employers’ organizations in this working group;

- refrain from showing preference towards a particular trade union and stop the interference in the establishment and functioning of trade union organizations;

- remove any existing obstacles in law and practice to the operation of free and independent employers’ organizations in the country;

- remove any existing obstacles in law and practice to the operation of free and independent employers’ and workers’ organizations in the country, in particular repeal provisions in the Law on the National Chamber of Entrepreneurs (NCE) on accreditation of employers’ organizations with the NCE;

- ensure that workers’ and employers’ organizations are not prevented from receiving financial or other assistance by international workers’ and employers’ organizations and extend the list in Ordinance No. 177 of 9 April 2018 to cover international workers’ and employers’ organizations, such as the ITUC and IOE; and

- fully implement the 2018 road map.

The Committee requests the Government to develop, in consultation with the social partners, a time-bound action plan in order to implement all these conclusions. In order to elaborate, implement and evaluate this action plan, the Committee urges the Government to avail itself of technical assistance from the Office on an ongoing basis in this regard.

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