Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Abolition of Forced Labour Convention, 1957 (No. 105) - Belarus (Ratification: 1995)

The Committee notes the observations of the Belarusian Congress of Democratic Trade Unions (BKDP), received on 30 August 2021 and 14 January 2022, and requests the Government to provide its reply to these observations.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political views or views opposed to the established political, social or economic system. The Committee previously requested the Government to amend or repeal sections 193(1) (participation in the activities of unregistered groups), 339 (hooliganism and malicious hooliganism), 342 (organization of group actions violating public order), 367 (libelling the President), 368 (insulting the President) and 369(2) (violation of the procedure for the organization or holding of assemblies, meetings, street marches, demonstrations and picketing) of the Criminal Code to ensure that no penalties involving compulsory labour may be imposed for the peaceful expression of political views or views ideologically opposed to the established political, social or economic system.

The Committee notes that according to the information provided by the Government, in its report, section 193(1) of the Criminal Code was repealed. The Government further indicates that there is no linkage between crimes punishable under sections 339, 342, 367, 368 and 369(2) of the Criminal Code and the peaceful expression of political views or views by citizens that are ideologically opposed to the established political, social and economic system.

The Committee notes that according to the 2020 Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Belarus in the context of the 2020 presidential election, criminal charges were increasingly brought in the context of protests. Between 9 August and 30 November 2020, more than 1,000 criminal cases were opened against peaceful protesters, opposition members and supporters, journalists, human rights defenders, lawyers and persons critical of the Government. The overwhelming majority of criminal charges against protesters were brought under section 342 (organization of group actions violating public order) of the Criminal Code; section 293 (organization of or participation in mass riots), punishable by up to eight years of imprisonment; section 339.2 (hooliganism and malicious hooliganism); and various charges for resistance to and violence against law enforcement officers. Charges were also brought for “insulting State officials”, including by comments posted on social media, and for “insulting the flag and national symbols” (A/HRC/46/4, paragraphs 43–45). The Committee notes the BKDP’s observations that as of 14 November 2021, 843 people in Belarus were considered political prisoners and more than half of them were in institutions where prisoners are required to work.

The Committee also notes that, in its Opinion No. 50/2021, the United Nations Working Group on Arbitrary Detention concluded that the arrest and detention of a journalist under sections 130(3) (deliberate incitement to social hatred), 293(1), and 342 of the Criminal Code was arbitrary and based solely on his journalistic activity, and his freedoms of expression and assembly (A/HRC/WGAD/2021/50, paragraphs 5, 82 and 83). In addition, in its Opinion No. 23/2021, the United Nations Working Group on Arbitrary Detention concluded that the arrest and detention of the opposition candidate in the 2020 election under sections 130(3), 191(1) (obstruction of the exercise of electoral rights), 293(1) and 342(1) of the Criminal Code was arbitrary and the criminal proceedings were used to prevent a high-level political opponent expressing his views and participating in public life (A/HRC/WGAD/2021/23, paragraphs 61, 85 and 88).

The Committee deplores the use of various provisions of the Criminal Code to prosecute and convict persons who express their political views or views ideologically opposed to the established political, social or economic system, leading to penalties of the limitation of freedom, deprivation of freedom or imprisonment, all involving compulsory labour. The Committee therefore strongly urges the Government to take immediate and effective measures to ensure that, both in law and practice, no one who, in a peaceful manner, expresses political views or opposes the established political, social or economic system, can be sentenced to sanctions under which compulsory labour is imposed. The Committee once again requests the Government to amend or repeal sections 339, 342, 367, 368 and 369(2) of the Criminal Code by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. The Committee requests the Government to provide information on any progress made in this respect.

Article 1(d). Sanctions involving compulsory labour as a punishment for participation in strikes. The Committee notes the indication by the Government that participation of citizens in peaceful strikes or peaceful protests does not entail criminal liability, particularly under sections 310(1) (the intentional blocking of transport communications) and 342 (the organization of group actions violating public order and resulting in disturbances of operation of transport or work of enterprises, institutions or organizations) of the Criminal Code.

In this regard, the Committee noted in its 2021 comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) new detailed allegations of retaliation, including arrests and detentions of trade unionists and workers who participated in trade union led strike actions. The Committee further notes that in its conclusions of 2022, the Conference Committee on the Application of Standards 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 allegations regarding the lack of investigation in relation to these incidents.

The Committee notes with deep concern the information relating to the punishment of workers with sanctions involving compulsory labour for their peaceful participation in strikes. The Committee recalls that Article 1(d) of the Convention prohibits the use of any form of compulsory labour as a punishment for having participated in a strike. The Committee further reiterates that sections 310(1) and 342 of the Criminal Code are worded in broad terms and allow for sanctions involving compulsory labour, against the peaceful participation in assemblies, meetings, street marches, demonstrations and picketing.

The Committee urges the Government to take the necessary measures to ensure, both in law and practice, that no sanctions involving compulsory labour can be imposed for the mere fact of peacefully participating in strikes. It requests the Government to amend or repeal sections 310(1) and 342 of the Criminal Code by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence. The Committee also requests the Government to provide information on the application of sections 310(1) and 342 of the Criminal Code in practice, including relevant court decisions, indicating in particular the penalties applied.