Individual Case (CAS) - Discussion: 2015, Publication: 104th ILC session (2015)

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



The Government provided the following written information.

With regard to the measures adopted by the Government to implement the recommendations of the Commission of Inquiry, in accordance with recommendation No. 2, the Government has adopted measures to abolish the requirements for the mandatory presence of at least 10 per cent of the total number of workers to establish a trade union organization. Presidential Decree No. 4 of 2 June 2015 was adopted, which amended Presidential Decree No. 2 of 26 January 1999 on some measures to regulate the activities of political parties, trade unions and other public associations (hereinafter, Decree No. 2), and excluded the above requirement. Thus, under Decree No. 4 of 2 June 2015, at least ten workers are enough to establish a trade union at an enterprise. The Government considers it appropriate to note the positive role played by the tripartite Council for the Improvement of Legislation in the Social and Labour Sphere, which proposed amendments to Decree No. 2.

With reference to the implementation of the proposals of the direct contacts mission, since the 103rd Session of the International Labour Conference, work on the implementation of the recommendations of the Commission of Inquiry has been organized in accordance with proposals of the direct contacts mission, approved by the ILO Governing Body at it 320th Session, in March 2014. The objective of the mission was to obtain a comprehensive picture of the trade union rights situation in the country and to assist the Government in the rapid and effective implementation of all the outstanding recommendations of the Commission of Inquiry. The Government accepted the proposal of the June 2014 Conference Committee and took the necessary steps to enable the direct contacts mission to carry out its tasks in full. The direct contacts mission visited the Republic of Belarus from 27 to 31 January 2014. Having held a number of meetings and having studied the situation on the ground, the mission noted that there had been some progress regarding implementation of the recommendations of the Commission of Inquiry. Moreover, the mission noted that there were elements of trade union pluralism in Belarus. The direct contacts mission paid special attention to the role of the tripartite Council, which was composed of all the parties concerned: representatives of the Government, employers’ associations and trade union associations (the Federation of Trade Unions of Belarus (FTUB) and the Belarusian Congress of Democratic Trade Unions (BCDTU)). Over the past years, the Council has been the main body in which dialogue between the Government and the social partners on the implementation of the recommendations of the Commission of Inquiry has been taking place. At the same time, the mission expressed the need to improve the work of the Council. The direct contacts mission made a number of proposals, including for joint activities with the participation of the Government, the social partners and the ILO in the following areas: the work of tripartite consultative bodies; collective bargaining at the enterprise level; dispute resolution and mediation; and the training of judges, prosecutors and lawyers on the application of international labour standards. During the discussion at the 103rd Session of the Conference in June 2014, the Committee noted the fact that the Government had supported those proposals and expressed willingness to work together with the social partners and the ILO to implement them. The Government emphasized that the activities planned in accordance with the mission’s proposals would contribute to implementation of a number of recommendations of the Commission of Inquiry, in particular recommendations Nos 4, 8 and 12.

In accordance with the conclusions of the Committee on the Application of Standards in June 2014, the Government together with the Office and with participation of trade unions and employers’ associations made concrete steps to implement the proposals of the direct contacts mission. For example, the Office, with the assistance of the Government, held a seminar to review the experience of work of tripartite consultative bodies of the social partnership (9–10 June, Minsk). The purpose of the seminar was to assist the Government and the social partners to develop proposals for improving the work of the tripartite Council. The seminar was attended by members of the tripartite Council and other interested representatives of the Government, associations of employers and trade unions (FTUB and BCDTU). International experience of the work of tripartite bodies was represented at the seminar by ILO experts, as well as by experts from Lithuania and Finland. The participants at the seminar developed proposals aimed at improving the effectiveness of the Council, which were discussed in detail at the meetings of the Council held on 23 January and 23 April 2015. Following the discussion, the parties represented in the Council reached a common position on amending the Regulations on the Council in order to enhance its efficiency. The new version of the Regulations on the Council for the Improvement of Legislation in the Social and Labour Sphere was approved by Order No. 48 of the Ministry of Labour and Social Protection of the Republic of Belarus of 8 May 2015. The new version of the Regulations has significantly expanded the mandate of the Council. In particular, the Council now has the right to analyse the existing legislation, draft laws and regulations in the sphere of social and labour relations for their compliance with ILO Conventions and Recommendations and international practice to ensure the application of international labour standards at the national level. The Council is empowered to send to legislative bodies its proposals on the implementation of the provisions of the ILO Conventions and Recommendations in the national law, and the amendment of laws and regulations on labour and trade unions, in accordance with the ILO Recommendations. The Council has the right to initiate a review of proposals for amendments and additions to laws and regulations on labour and trade unions made by the National Council for Labour and Social Issues. Also, the new version of the Regulations on the Council provides for more active involvement of international experts, including ILO experts in consideration of issues within the Council. In order to facilitate consideration of the issues, the Council can hold extraordinary sessions.

In 2015, the Government carried out the work related to the second area identified in the proposals of the direct contacts mission. On 13–14 May 2015, the Office, in cooperation with the Government and the social partners, held a tripartite seminar Collective Bargaining and Cooperation at the Enterprise Level in the Context of Pluralism. In this regard, it should be noted that, in the context of trade union pluralism, there are several trade union organizations in a number of enterprises in the Republic of Belarus, and each of them, regardless of its size, wants to participate in collective bargaining with the employer. According to the practice established in Belarus, only one collective agreement is concluded within an enterprise. The employer shall enter into collective bargaining with a single workers’ side, represented by trade unions. However, the procedure of interaction between different trade unions within the single trade union group set up for negotiations with the employer is not clearly defined. In fact, the issue is solved by agreement between the trade unions affiliated to the FTUB and the BCDTU. For example, at the largest enterprise of the republic, JSC “Belaruskali” (Soligorsk), three trade unions participate in collective bargaining with the employer to conclude a collective agreement (primary trade union organizations of the Belarusian Trade Union of Workers in the Chemical, Mining and Petroleum Industries and the Trade Union of Workers of Agriculture, affiliated to the FTUB, as well as the primary trade union organization of the Belarusian Independent Trade Union, affiliated to the BCDTU). However, in practice agreement between trade union organizations at other enterprises is not always achieved. This usually entails conflict between the trade unions, which in turn has a negative impact on collective bargaining process at the enterprise.

It should be emphasized that, given the current situation in the trade union movement in Belarus, the Government has been repeatedly informed by ILO experts that at this stage a most acceptable solution was not creating a legislative procedure for the formation of a united trade union group (as new legislative provisions were not likely to be accepted in a positive way by all the participants), but rather reaching an agreement by all the interested parties on the guidelines of interaction of the social partners during collective bargaining, including situations where there were several trade unions acting at an enterprise, and reflecting those principles in an agreement or some other document, which could be supported and approved by the social partners. The seminar, which took place on 13–14 May 2015 in Minsk, was attended by members of the Council and representatives of the employers’ and trade unions’ associations (including the heads of the FTUB and the BCDTU), as well as representatives from a number of enterprises (trade unions and employers), where several trade unions exist. As a result of the two-day debates, moderated by ILO representatives, the participants drew up conclusions, which provided for inclusion of representatives of all the trade unions, acting at the enterprise, into the Commission on Collective Bargaining. In the near future, the conclusions of the seminar will be discussed in the Council, which is to prepare a document to be presented to the social partners for approval expected.

The next activity in relation to the proposals of the direct contacts mission will be a tripartite seminar on dispute resolution and mediation. It is expected that the exchange of views by all the parties concerned will improve the situation for the settlement of labour disputes in the framework of the existing national system, and generate new effective mechanisms in the framework of the tripartite Council. Thus, the work to implement the proposals of the direct contacts mission is being carried out in full compliance with the agreements reached between the Government and the ILO. The joint activities are aimed at solving specific problems, directly arising from the recommendations of the Commission of Inquiry. The Government considers it is also necessary to emphasize the fact that the intensification of cooperation between the ILO and the Government, as well as joint activities involving all the parties concerned, have a positive impact on the nature of relations between the social partners within the country. Thus, despite certain differences, the Government has noted positive trends in the development of relations within the trade union group. The issue of the participation of BCDTU representative in the work of the National Council on Labour and Social Issues has been resolved. The BCDTU leader Mr Yaroshuk participated in all of the last three meetings of the National Council, which took place on 25 September 2014, 13 January 2015 and 1 April 2015. The Government assesses positively the level of cooperation between the parties to social dialogue reached at this stage within the social partnership system. The National Council for Labour and Social Issues is carrying out its work. Along with the Government, all the associations of employers and trade unions are represented within the National Council. A General Agreement between the Government, national associations of employers and trade unions for 2014–15, in the development of which representatives of both the FTUB and the BCDTU had been taking part, was signed on 30 December 2013. As well as the previous General Agreement, this General Agreement shall apply to all employers, workers and all trade union organizations in Belarus. Both trade union associations (the FTUB and the BCDTU), regardless of their representativity, have an opportunity to take advantage of the guarantees provided by the General Agreement. Thus, at present, the principles of trade union pluralism are fulfilled in practice in the Republic of Belarus.

In addition, before the Committee, a Government representative, after referring to the written information provided, informed the Committee of the steps taken, in collaboration with the social partners and the ILO, following the direct contacts mission to the country in January 2014 for the implementation of the recommendations of the Commission of Inquiry. As reflected in the written submission, concrete results had been achieved since the discussion in the Conference Committee in 2013, particularly concerning the removal of the 10 per cent minimum membership requirement through the repeal of Presidential Decree No. 2, and the implementation of the proposals made by the direct contacts mission. She highlighted the positive role played by the ILO in this regard and emphasized that the country was open to dialogue and discussion in relation to all outstanding issues.

The Employer members thanked the Government for the thorough oral and written information provided and welcomed the constructive tone of the Government, as well as its willingness to continue to engage in collaboration with the ILO and the social partners. The case was complex and had a long-standing history, with 21 observations made by the Committee of Experts on the application of the Convention since 1998 and 11 discussions of the case in the Conference Committee since 1989. Recalling the developments since the establishment of the Commission of Inquiry following a complaint submitted under article 26 of the ILO Constitution in 2003, the Employer members recalled the discussion and conclusions on the case adopted in June 2014, and noted that there had been positive developments recently. In its 2015 comments the Committee of Experts noted four primary concerns. First, the Government had not taken measures to amend Presidential Decree No. 2 of January 2009 to remove obstacles to trade union registration (specifically relating to the legal address and the 10 per cent minimum membership requirements). In this regard, noting the Government’s explanations that the 10 per cent minimum requirement had now been abolished through the adoption of Presidential Decree No. 4 of June 2015, the Employer members requested the Government to provide the Committee of Experts with more detailed information. The second issue concerned the situation in which authorization for demonstrations by trade unions had been denied and the fact that they constituted a violation under the Act on Mass Activities, as well as the absence of a stated intention by the Government to amend the Act. Recalling that peaceful protests organized by either workers’ or employers’ organizations were protected by the Convention, they encouraged the Government to amend the Act on Mass Activities, particularly the provisions relating to the penalty of liquidation of an organization for a single breach of the Act, which corresponded to recommendation No. 10 of the Commission of Inquiry. The third issue related to Presidential Decree No. 24 concerning the use of gratuitous aid and the absence of any stated intent by the Government to amend the Decree. According to the Government, in practice, trade unions had not been prevented from receiving financial assistance. The Employer members recalled that the prohibition on national employers’ and workers’ organizations from receiving financial assistance from international employers’ or workers’ organizations, unless approved by the Government, was not in conformity with the Convention. In this regard, they urged the Government to repeal or amend the Decree, in consultation with the social partners, to ensure that employers’ and worker’s organizations could effectively organize their administration and activities and benefit from international aid, if they so chose. Concerning the fourth issue, which related to the implementation of the recommendations of the Commission of Inquiry, the Government had explained the steps taken for their implementation as a result of the direct contacts mission that had visited the country in January 2014. The direct contacts mission had welcomed the role of the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere in this regard, as well as the Council’s role relating to the implementation of the proposals of the direct contacts mission. They welcomed the fact that, with the participation of the social partners, concrete steps had been taken to implement the proposals of the direct contacts mission. They particularly welcomed the Government’s explanations on the expansion of the mandate of the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere, including its role in amending labour laws. This Council was a useful platform for discussions and exchanges of views, and efforts should be made to transform the Council into an effective and established forum with the full participation of the social partners. They urged the Government to provide more information to the Committee of Experts in this regard, to continue to engage in social dialogue within the Tripartite Council, as well as in other forums, and to continue to cooperate with the Office. The adoption of Presidential Decree No. 4 repealing Presidential Decree No. 2, in accordance with recommendation No. 2 of the Commission of Inquiry, was also to be commended. The Employer members expressed the firm hope that this positive engagement would mean that the Government was also committed to addressing the other outstanding issues without further delay, and in particular the implementation of the outstanding recommendations of the Commission of Inquiry.

The Worker members noted that, although a decade had passed since the ILO Commission of Inquiry had adopted its conclusions and recommendations regarding the situation of freedom of association in Belarus, only two of the 12 recommendations made had been fully implemented, while for most there had not yet been any action at all. The consolidation of power by the present regime had only resulted in increased repression of trade unions. Workers were forced to renounce membership in democratic unions, and leaders and activists of free unions faced discrimination and dismissal. Union registration continued to be denied, and demonstrations organized by independent unions were still prohibited. The workplan designed in 2009 with the participation of the ILO and social partners had not been implemented, and the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere was merely a facade, as it lacked any genuine functions. The BCDTU, which comprised free and independent unions, had submitted proposals for improvements to the legislation and had raised concerns about violations of trade union rights in several enterprises. These calls had been entirely unheeded. They noted that, although the Committee and the Committee of Experts had repeatedly called for the amendment of Presidential Decree No. 2, which created obstacles to the establishment of trade unions, nothing had yet been done. Thus, to register, trade unions still had to provide the official address of their headquarters, which was often the premises of the enterprise concerned, as unions were not allowed to submit their leaders’ home addresses as the legal address. A letter from management confirming the address was also usually required, making trade unions dependent on the goodwill of the employer. A list of names of the founding members of trade unions also had to be sent to the Ministry of Justice. All of these obstacles, combined with the brutal repression of and reprisals against trade union activists, had made the development of the independent trade union movement virtually impossible. Indeed, no independent union had been registered for years.

In accordance with Ministry of Justice Instruction No. 48 of 2005, the registration of a trade union could be cancelled, without the possibility of judicial review, if its charter or structure was deemed not to be in compliance with the law. A union could also be dissolved by the Registrar if its data had not been correctly registered. Presidential Decree No. 29 had introduced a short-term contract system covering 90 per cent of workers. This system served to repress the trade union movement, principally through the refusal of contract extensions to union activists and their families. There was no adequate protection against acts of anti-union discrimination, and many union members had been forced to leave independent trade unions. Additionally, the law imposed severe restrictions on the organization of protests and meetings and any violation could result in a union’s dissolution. The Worker members emphasized that, under such grave circumstances, workers were forced to take extreme measures, including hunger strikes, to protest the continued acts of reprisal and repression against trade unionists. With regard to these acts, they cited the example of one tractor parts company, where over 200 members had been obliged to leave their union to join the Free Trade Union of Belarus (SPB). The union leader, Mr Mikhail Kovalkov, had not been allowed to enter the enterprise, despite a decision by the Bobruisk district and city court ordering the employer to unblock Mr Kovalkov’s permanent pass. In 2014, the contracts of Alyaksandr Varankin, Alyaksandr Hramyka and Victor Osipov had not been renewed in retaliation for having participated in union activities. Since 2008, the local union of an oil refinery affiliated to the Belarusian Independent Trade Union (BNP) had been subject to a harsh anti-union campaign by the management of the refinery. Members of that union regularly received disciplinary punishments due to the fact of their membership, over a six-year period more than 700 workers had been forced to give up their membership. In October 2014, the union leader, Mr Yuriy Shvets, had initiated a hunger strike, but that had not changed the situation. They also cited the example of the trade union of the “Granit” enterprise, established in 2012, which had not been registered. All 200 of its members had been forced to renounce their membership, and its leaders, including Mr Oleg Stakhaevich, Mr Nicolay Karyshev, Mr Anatoliy Litvinko, and Mr Leonid Dubonosov had been dismissed. They observed that in 2014 Belarus had once again been included in a special paragraph of the Committee’s report, and that other laws had been adopted which further violated the rights of Belarusian workers. At the end of 2014, Presidential Decree No. 5, intended to “strengthen labour discipline” in both public and private companies, had been adopted. This Decree allowed employers to unilaterally change working conditions and facilitated the blacklisting of union members. Presidential Decree No. 3 of April 2015 also imposed severe fines on citizens who were able to work, but who had been unemployed for several months. The Worker members expressed their deep concern at the situation with regard to freedom of association in Belarus and condemned the Government’s continued failure to implement the recommendations of the Commission of Inquiry, which had been adopted ten years ago. The current process of trade union monopolization and the use of the state-controlled FTUB to suppress the independent trade union movement were also cause for deep concern. As long as the FTUB remained under Government control, the free exercise of workers’ rights would not exist in the country.

The Employer member of Belarus emphasized that, in the context of the follow-up to the recommendations of the Commission of Inquiry, and following the visit of the direct contacts mission, the social dialogue system in his country was improving significantly, with the active participation of employers. The regular functioning of the National Council for Labour and Social Issues and the tripartite Council for the Improvement of Legislation in the Social and Labour Sphere, in which both the FTUB and the BCDTU participated, was evidence of that improvement. Sectoral accords and enterprise collective agreements had been concluded under the General Agreement. The employers of Belarus aimed to adopt an even-handed approach towards all trade unions and all issues, and it was important to hold open and impartial discussions in order to identify mutually acceptable solutions to those issues. Nevertheless, more objective criteria should be established to determine the extent to which the submission of certain complaints met the requirements for examination by the ILO. The seminar on trade union pluralism and collective bargaining held in May 2015 in conjunction with the Office had strengthened the relationship of trust between the social partners and fostered a better understanding of how to implement the provisions of the Convention. In view of the fears aroused by the current economic crisis, which had been exacerbated by the sanctions imposed on the Russian Federation by western countries, collaboration between employers and workers had become increasingly important. In that context, the employers of Belarus would make every effort to ensure that the recommendations of the Commission of Inquiry were implemented.

The Worker member of Belarus expressed support for the statement made by the Worker members concerning the need to examine each situation in both law and practice. The current legislation posed no insurmountable obstacles to registering trade unions. In that regard, the most important fact was that the provisions of Decree No. 2 had been amended by Decree No. 4 with the aim of facilitating the implementation of the Commission of Inquiry’s recommendations in respect of the requirement that at least 10 per cent of the total number of workers must be members in order to form a trade union. The problem had been resolved through the common efforts of all the social partners within the framework of the country’s tripartite dialogue system. That was clearly demonstrated by the fact that only over the past six months in Belarus some 30 first-level trade union organizations had been registered in the private sector. Altogether, there were currently some 24,000 registered trade unions in the country. However, some employers in the private sector were actively raising obstacles to the creation of trade unions by their workers. That situation was unacceptable for the workers of Belarus and the issue had been raised in the FTUB Congress in May 2015 and had received some understanding and support from the Government. Today the country had two trade union federations, the FTUB and the BCDTU, both of which were able to cooperate with the Government and employers in the framework of the supreme social partnership body, the National Council on Labour and Social Issues, as well as in the tripartite Council for the Improvement of Legislation in the Social and Labour Sphere, which had been established at the recommendation of the ILO. This was a clear sign that trade union pluralism existed in Belarus. The FTUB was participating actively in improving legislation on workers’ social and economic rights and interests and was ready to participate further in discussions on bringing it into conformity with international labour standards. The Law on Mass Activities contained no significant restrictions on peaceful trade union events. This had been demonstrated in practice by the fact that the FTUB had held over 80 public events in 2015 alone. There might have been occasional exceptions, but there was no systematic restriction on carrying out peaceful activities. The Committee of Experts and the ILO direct contacts mission to Belarus had indicated in their reports that complaints from trade unions concerning the provisions of Presidential Decree No. 24, which governed the use of foreign donations, were unfounded, as in practice trade unions were able to make use of financial assistance. He added that current legislation on trade unions guaranteed the right for 1 per cent to be paid by union members’ from their monthly wages as union dues and those funds should in most cases be enough for unions for their activities if the budgets of trade unions were used properly and their finances were managed properly. In conclusion, he noted that the Government was systematically taking measures to apply the recommendations made by the ILO supervisory bodies, was creating an opportunity for social dialogue with all interested social partners in the country and was establishing all the necessary institutions, mechanisms and standards to apply the Convention effectively. The Committee on the Application of Standards and the ILO supervisory bodies could acknowledge the significant progress made on the issue of respect by the Government for the rights of trade union organizations in Belarus.

The Government member of Latvia, speaking on behalf of the European Union (EU) and its Member States, as well as Montenegro, Serbia and Norway, said that the EU attached great importance to its relations with Belarus and intended to maintain its critical engagement with the country. She expressed deep concern at the lack of respect for human rights, democracy and the rule of law. She recalled that the case had been on the agenda of the Conference Committee since 1997 and regretted that the follow-up to the direct contacts mission remained slow, despite the significant progress needed to achieve compliance with the recommendations of the 2004 Commission of Inquiry. In this context, she recalled that the failure of Belarus to implement the recommendations had led to its suspension from the EU Generalized System of Preferences since 2007. While acknowledging the change in the minimum requirement for the establishment of trade unions, she expressed concern with regard to the actual improvement in practice. She reiterated the call on the Government to eliminate the other obstacles which hindered the establishment and functioning of trade unions in practice, and in particular the requirement imposed by Presidential Decree No. 2 of 1999 on their legal address. She also once again urged the Government to provide the information requested by the Committee of Experts, particularly concerning the refusal to authorize the holding of demonstrations and the restrictions on assembly imposed by the Law on Mass Activities. She again urged the Government, in line with the request of the Committee of Experts, to amend Presidential Decree No. 24 concerning the use of foreign gratuitous aid. This was essential to ensure that workers’ and employers’ organizations could benefit from assistance from international organizations of workers and employers. She also urged the Government to provide all the information requested by the Committee of Experts and to intensify its efforts in cooperation with all the social partners concerned to implement the recommendations of the Commission of Inquiry. She noted that the Government had accepted no technical assistance. She expressed the hope that the renewed engagement with the Office and cooperation with the social partners would give rise to concrete results for the rapid and effective implementation of the outstanding recommendations of the Commission of Inquiry.

An observer representing the International Trade Union Confederation (ITUC) emphasized that ILO action in Belarus was of particular importance on account of the authoritarian nature of its political system. Respect for freedom of association remained a critical issue and the adoption of Presidential Decree No. 4 had not improved the situation. Independent trade union representatives had been subject to extreme pressure and discriminatory dismissals to such an extent that for some of them the only option was to resort to hunger strikes. Other representatives had sought refuge in anonymity to avoid repression, which had resulted in many members of the BCDTU not being able to participate in collective bargaining. The protests of 7 October 2014 and 1 May 2015 had not been not authorized. Presidential Decree No. 3 allowed for executive salaries to be reduced in retaliation for any trade union activities. Similarly, the requirement to provide a certificate of employment when applying for a new job made recruitment less certain for members of the independent trade union movement. During a meeting with the FTUB on 22 May 2015, President Lukashenko had said that the FTUB constituted a pillar of government action and that all workers should join it. If that was the case, it would be difficult to achieve compliance with the recommendations of the Commission of Inquiry. Infringements of the right to freedom of assembly were of particular concern.

The Government member of the Syrian Arab Republic noted that the Government of Belarus had undertaken several measures to implement the recommendations of the Commission of Inquiry. For instance, in response to the second recommendation of the Commission of Inquiry, the previous requirement of 10 per cent of the total number of workers to form a trade union had been abolished; under Presidential Decree No. 4 of June 2015, a minimum of ten workers presently sufficed for the establishment of a union. In addition, the ILO direct contacts mission of January 2014 had been able to note some progress in the implementation of the Commission of Inquiry’s recommendations, including the existence of some elements of trade union pluralism. He recalled that the direct contacts mission had made several proposals to facilitate the implementation of the Commission of Inquiry’s recommendations, which involved activities in the areas of enterprise-level collective bargaining, dispute resolution and mediation, the operation of tripartite consultative bodies, and training for judges and lawyers on the application of international labour standards. The Government had taken concrete steps to implement these proposals, thus demonstrating its commitment to resolving the issues raised by both the Committee of Experts and the Commission of Inquiry.

The Worker member of Poland recalled the conclusions adopted by the Conference Committee in 2014 and regretted that the number of violations of human and trade union rights had increased since then, and that members of independent trade unions still suffered from anti-union discrimination. She drew attention to the abolition of the requirement of at least 10 per cent of the total number of workers to establish a trade union organization. However, she observed that these measures had been undermined by a presidential decree under which new trade unions must be established in all private companies and must affiliate by 2016 with the FTUB, which was under the strict control of the Government. According to the President, as the protection of workers was his prerogative, it therefore depended on his good or bad will, but not on a guaranteed legal basis on which workers could rely. With reference to the denial of workers’ rights in Belarus, she called on the Government to honour the commitments made to social dialogue and cooperation with the ILO, and to implement effectively all the recommendations of the Commission of Inquiry in order to improve the situation of all workers in the country, beginning with a system which guaranteed civil liberties for all and their respect.

The Government member of the Bolivarian Republic of Venezuela emphasized that the measures taken by the Government to implement the recommendations of the Commission of Inquiry in relation to the Convention represented significant progress in comparison to previous discussions of the situation. Trade union pluralism existed in Belarus, social dialogue had been strengthened, there had been improvements in social and labour legislation, and seminars and meetings had been held on freedom of association and protection of the right to organize. The Committee should take account of the willingness shown by the Government and the efforts it had made, as reflected in its explanations and arguments, and its conclusions should be objective and balanced, so that, the Government could take them into consideration.

The Worker member of the United States regretted that, despite the fact that this case had been discussed by the Committee several times over the years, the repression of independent trade unions continued. For instance, in October 2014, the management of an enterprise in Slonin had launched a campaign of harassment against over 30 workers for having joined the independent Radio and Electronic Workers’ Union (REP). The workers concerned had been subjected to various discriminatory acts, including reductions in wages and threats of dismissal. Another worker, in a different enterprise, had been disciplined for having encouraged colleagues to join the REP. Recalling the comments of the Committee of Experts on the systematic suppression of the BNP in the Granit enterprise, she noted that yet another trade union activist had been dismissed in December 2014, in keeping with a pattern of dismissals of virtually all BNP activists in the enterprise. That this dismissal had occurred despite the dispute having been examined by the enterprise tripartite council, and despite the Government having accepted ILO technical assistance on improving social dialogue, was a cause for serious concern. She also noted the various acts of discrimination and harassment in 2014 against workers in a tractor factory who had chosen to join the SPB. With regard to Presidential Decree No. 5 of January 2015, which gave managers additional rights to unilaterally modify working conditions, she stated that the law had been heavily criticized for providing employers with expanded means of punishing workers for engaging in trade union activity. These developments showed that the repression of trade unionists remained severe and widespread. In conclusion, she called upon the Government to make serious and thorough efforts to honour its obligations under the Convention.

The Government member of Switzerland recalled that the case had already been discussed on several occasions by both the Governing Body and the Conference Committee. The Government of Belarus had been encouraged to take all necessary steps to guarantee freedom of association and expression and the right to peaceful assembly, including, in particular, amending the Law on Mass Activities, as requested by the Committee of Experts. With assistance from the Office and international social partners, Switzerland hoped that the Government would implement all outstanding recommendations of the Commission of Inquiry. In particular, employers’ and workers’ organizations must be able to organize their activities freely, and in this regard international social partners could provide valuable support and share relevant experience. Such steps could contribute to strengthening the role of civil society in Belarus and to creating a more favourable environment for respecting human rights.

The Worker member of Norway, speaking on behalf of the trade unions of the Nordic countries and Estonia, regretted that once again the Committee had to discuss the violation of the Convention in Belarus. Although the Commission of Inquiry had adopted its recommendations over ten years ago, and the Government had appeared before the Committee several times, no significant progress had been made. She noted that trade union rights were still violated due to the Government’s lack of political will. Trade union leaders and activists in independent unions faced dismissal and discrimination, harassment and arrest, as well as the prohibition on participating in meetings and strikes. The establishment and registration of an independent union was burdensome because of the requirement of providing the legal address, which was often the premises of the enterprise. A letter from the management of the enterprise confirming the address was usually required, which made registration dependent on the support of the employer. Another serious concern was the short-term contract system that covered over 90 per cent of workers. This system was used as a mechanism to prevent people from joining independent unions and to punish union activists in independent unions. Their contracts would not be extended if the workers became members of independent unions. In addition, she noted that Presidential Decree No. 3, adopted in 2015, established severe fines for citizens who were unemployed if they were able to work. Recalling that Nordic workers enjoyed the right to form and join organizations of their own choosing and to bargain collectively, she urged the Government to ensure in law and practice the right of workers to freely join and establish organizations, and to organize their activities free from any interference by public authorities. Finally, she called on the Government to comply with the obligations deriving from ILO membership and to implement all the recommendations of the Commission of Inquiry.

The Government member of the Russian Federation noted the efforts that had been made, the substantial progress that had been achieved and the willingness shown by the Government to cooperate constructively with the ILO to guarantee all workers the right to freedom of association, in accordance with the Convention. He highlighted the workshops that had been organized in accordance with the recommendations of the 2014 direct contacts mission. Belarus had created favourable conditions for social dialogue and the implementation of the right to freedom of association. The Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere was the most important body for guaranteeing tripartite dialogue. Its competencies had been substantially increased in May 2015 to take into account the relevant ILO recommendations. The Tripartite Council now had additional competencies for evaluating national and draft legislation with a view to ensuring compliance with ILO Conventions and Recommendations, and also had the right to submit proposals on the application of international labour standards to the state authorities. A big step had been taken towards the practical application of the recommendations made by the ILO. He called on the trade union organizations of Belarus to cooperate with the Tripartite Council and utilize it in a constructive manner with a view to defending workers’ rights. In view of the range of measures that had been taken to improve social and labour legislation, the accusations made against the Government were not justified. He requested the ILO to continue providing technical assistance to Belarus on the application of the Convention with a view to removing the issue from the Committee’s agenda.

The Worker member of India said that recent developments clearly demonstrated the progress achieved by the Government of Belarus. The law regarding minimum membership requirements for forming a union had been amended, and the Committee of Experts had noted signs of progress in implementing the recommendations of the Commission of Inquiry. Furthermore, the fact that two national trade union confederations now existed was further proof of the Government’s commitment to realizing trade union rights in Belarus. Recalling that this case had been discussed by the Committee on several occasions, he wondered whether this was necessary or just, or perhaps driven in part by political considerations. Regardless, recent developments were clear proof of the Government’s willingness to address seriously the issues raised by the Commission of Inquiry and the Committee of Experts, and these efforts deserved due recognition from the ILO supervisory bodies.

The Government member of Cuba said that the Government had shown its willingness to cooperate with the ILO supervisory bodies by accepting the Commission of Inquiry, receiving a direct contacts mission, carrying out technical assistance activities and providing information at sessions of the Governing Body and the Conference Committee, which demonstrated its respect for and commitment to the principles of freedom of association and the right to organize. It had also provided sufficient information on the functioning of the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere, and on activities to improve social dialogue and cooperation among the tripartite constituents and to raise awareness of the right to freedom of association. To arrive at an objective and impartial analysis of the case, it was necessary to take into account the conclusion of the direct contacts mission that the situation of trade unions had changed, and the Committee should acknowledge the progress that the Government had made. This would make the activities of the supervisory mechanisms more effective while fostering an atmosphere of cooperation with the Government.

The Worker member of the Syrian Arab Republic expressed the support of Syrian workers for the workers of the FTUB in Belarus with regard to the violations of the Convention. The Committee of Experts had found that there had been significant progress in the diversity of trade unions in the country. The Syrian Arab Republic’s trade unions had been cooperating for many years with trade unions of the FTUB in Belarus and had learned a great deal from their activities, such as their defence of trade union rights and social dialogue. Belarus did have tripartite social dialogue, although there were still some problems with respect to the application of the Convention, and the steps taken by all the social partners to implement the recommendations of the Commission of Inquiry was evidence of a real willingness on their part. Belarus had two national trade union federations and 30 industrial and national unions, which were able to hold meetings without government involvement. Workers in Belarus could therefore ensure that the Convention was applied, as they had been able to do in the past. He was certain that, through dialogue with the other social partners, those workers would be able to cope with the problems identified by the Commission of Inquiry.

The Government member of Canada recalled the concern expressed in 2013 and 2014 at the overall situation of human rights, including the rights of workers. He was concerned by the continued reports of numerous violations of the Convention, including interference by the authorities in the activities of trade unions. The Government had improved its degree of cooperation with ILO supervisory bodies, including through the direct contacts mission in 2014. While some measures had been taken by the Government in 2015, the follow-up to the recommendations of the direct contacts mission remained slow and incomplete. Significant progress was needed in implementing the remaining recommendations of the Commission of Inquiry. He regretted that, despite the numerous requests by the ILO supervisory bodies, few tangible measures had been taken to address discrimination against trade union members and the violations of workers’ rights in the country. The Government should take the necessary measures to address these allegations and the outstanding recommendations, accelerate its responses and make efforts to eliminate human rights violations, including the right to participate in peaceful protests and to associate freely to protect occupational interests. He called on the Government to fully follow up on the recommendations of the Commission of Inquiry of 2004, respect its obligations under the Convention, refrain from measures that inhibit the effective exercise of trade union activities, and cooperate fully with the ILO.

An observer representing the World Federation of Trade Unions (WFTU) said that her Federation was proud to count the FTUB among its members. The FTUB had made a tremendous contribution and the Government should not be appearing before the Committee. The FTUB wanted trade unions in the country with a fixed address and without foreign funding. All the social partners concerned were participating in the process of the implementation of the recommendations of the Committee of Experts and the Commission of Inquiry. The EU should focus on European countries, where there were numerous anti-union practices, a staggering number of unemployed and cuts in rights and wages imposed in the context of austerity policies.

The Government member of China congratulated the Government on its close cooperation with the ILO and on its progress in implementing the recommendations of the Commission of Inquiry, notably by the conclusion of a tripartite agreement. It was still necessary to apply ratified Conventions. The Government had shown a willingness to implement the recommendations of the Commission of Inquiry, and the ILO should provide Belarus with technical assistance to enhance its capability to apply the Convention.

The Government representative recalled the positive work being undertaken in the country, including measures to give effect to the recommendations of the Commission of Inquiry, and said that such efforts would continue. The recommendations of the Commission of Inquiry had been implemented through the adoption of amendments to Presidential Decree No. 2, and statements regarding pressure on independent trade unions had no factual basis. The direct contacts mission had noted several developments, including that some recommendations had been implemented and that trade union pluralism existed in the country. The recommendations of the direct contacts mission were being implemented with the involvement of all parties. It was necessary to focus on these positive changes in order to continue dialogue. The tripartite Council for the Improvement of Legislation in the Social and Labour Sphere was the relevant platform to examine the issues raised, and the direct contacts mission had supported this Council. The country had enforcement mechanisms to which workers could have recourse if they felt they had been discriminated against. Dismissals that had taken place had been linked to issues related to production, and the dismissals had been carried out in accordance with the legislation. An analysis of the workers who had been dismissed revealed that 7 per cent had been members of the FTUB and 5 per cent of the BCDTU, so such dismissals were not linked to trade union membership. The new realities of the country required a new approach, and the Government had taken measures in that regard, including steps relating to overtime and the promotion of small enterprises. The Government actively consulted the social partners when adopting measures to regulate labour matters. The Government was also required to send any draft legislation on labour issues to the social partners, and to examine their proposals, prior to its adoption. The Government had taken measures to implement the past recommendations of the Conference Committee, including the amendment of Presidential Decree No. 2 and the promotion of tripartite seminars. It had achieved concrete results in giving effect to the recommendations of the Commission of Inquiry. Nonetheless, the recommendations of the Commission of Inquiry had not been fully implemented, and the Government would continue with its work, with the social partners and in cooperation with the ILO.

The Employer members recalled that interference in the freedom of association of workers’ or employers’ organizations was unacceptable. They recalled that this was a long-standing case. They noted the measures that had been taken since the Committee’s last discussion, and welcomed the fact that these measures included the amendment of Presidential Decree No. 2, through Presidential Decree No. 4 of June 2015, and urged the Government to provide detailed information to the ILO on this legislative amendment. They welcomed the Government’s willingness to collaborate with the ILO on issues related to the reform of labour legislation, and issues of freedom of association and its promotion within the national context. They noted that a number of recommendations of the Commission of Inquiry of 2004 had still not been implemented. They therefore hoped that the Government’s positive engagement the previous year with the ILO and the national social partners would also mean that it was committed to implementing the outstanding recommendations of the Commission of Inquiry. The recommendations should be implemented without further delay and in full cooperation and consultation with the social partners at the national level.

The Worker members said that it had taken too long to see progress regarding freedom of association and that the case had been before the Committee for many years. The Government refused to make any meaningful progress to comply with the recommendations of the Commission of Inquiry. Workers were facing constant repression and independent unions were not able to conduct their activities freely. Leaders and activists were dismissed without recourse and the short-term contract system was used to force workers to leave independent unions and dissuade them from joining them. The requirement of a legal address was still an obstacle to the registration of independent unions in the country. The Government had only made symbolic steps and the abolition of the 10 per cent membership requirement had hardly made a difference in achieving free trade unionism, as it had not been a key obstacle. In this regard, the Government should provide specific information on the number of new unions registered. The Government needed to ensure that unions that chose not to be part of the FTUB could be created and registered. On that basis, the Committee would be able to assess the extent to which the reported changes could contribute to the implementation in practice of recommendation No. 2 of the Commission of Inquiry. ILO activities in the country, particularly the two seminars held in 2014 and 2015, could help to improve the situation of independent unions in certain enterprises. There was a need to continue to strengthen the capacity of all the social partners in relation to freedom of association and collective bargaining. However, cooperation was limited and did not allow for systematic follow-up. A strengthened presence in the country was necessary if ILO technical assistance was to have an impact. The situation in the country remained a matter of concern. The Worker members called for full compliance with the recommendations of the Commission of Inquiry, but so far no meaningful steps had been taken.

Conclusions

The Committee took note of the written and oral information provided by the Government representative and the discussion that ensued. The Committee took note of the comments of the Committee of Experts concerning restrictions on the right of workers to form organizations of their own choosing in Decree No. 2, obstacles to the right to participate in peaceful demonstrations under the Law on Mass Activities and certain prohibitions on the use of foreign gratuitous aid under Presidential Decree No. 24. The Committee recalled the outstanding recommendations of the 2004 Commission of Inquiry and the need for their rapid and effective implementation.

The Committee noted that the Government has continued to follow up concrete proposals formulated by the direct contacts mission through ILO technical assistance related to a series of activities aimed at improving social dialogue and cooperation between the tripartite constituents at all levels, including most recently through the seminar on collective bargaining and cooperation at the enterprise level in the context of pluralism. The Committee noted the indication that Presidential Decree No. 4 was adopted on 2 June 2015, amending Decree No. 2 to replace the 10 per cent minimum membership requirement with only ten workers. The Government emphasized the positive role played by the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere in this regard. The Government further spoke of the amendments agreed to the Regulations of the Tripartite Council on 8 May 2015, which would significantly expand its mandate. The next activity within the framework of the direct contacts mission’s proposals is expected to be a tripartite seminar on dispute resolution and mediation mechanisms.

The Committee expresses its deep concern that, ten years after the Commission of Inquiry’s report, the Government of Belarus has failed to take measures to address most of the Commission’s recommendations. Workers continue to face numerous obstacles in law and in practice to the full exercise of their right to form or join trade unions of their own choosing. The Committee expects full compliance with the recommendations of the Commission of Inquiry urgently.

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

• comply in full with the rest of the recommendations of the 2004 Commission of Inquiry before the next Conference, and to report to the Committee of Experts prior to their 2015 Session;
• provide information to the Committee of Experts related to the functions and role of the Tripartite Council;
• ensure, in light of reports of discrimination and harassment of trade union leaders and activists, that such activity is immediately brought to an end; and
• accept substantially increased technical assistance in the country, the aim of which is to assist in compliance with the recommendations of the Commission of Inquiry in the shortest time possible.

A Government representative took note of the Committee’s conclusions and indicated that his Government would consider them and subsequently provide the requested information. The Government of Belarus would continue to cooperate with its social partners to promote the rights of workers. The Government representative also indicated that his Government would welcome ILO technical assistance and would continue to cooperate with the Organization.