Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 104th Session, June 2015)

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2015 concerning the application of the Convention. The Committee observes that the Conference Committee urged the Government to comply with the rest of the recommendations of the 2004 Commission of Inquiry and to accept substantially increased technical assistance in this regard and to provide information related to the functions and role of the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere (hereinafter, Tripartite Council).

The Committee notes the observations submitted by the International Trade Union Confederation (ITUC) received on 1 September 2015 on the application of the Convention. It further notes the observations submitted by the Belarusian Congress of Democratic Trade Unions (BKDP) received on 31 August 2015 alleging violations of this Convention, and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), in law and in practice and raising concerns that the Tripartite Council does not fulfil its functions. The Committee also notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

As a general point, the Committee notes with interest that, following a seminar in July 2014 organized by the ILO in Minsk on the experience of tripartite consultative bodies with social partnership, the Tripartite Council approved amendments to its Regulations aimed at improving its efficiency, which were issued by the Ministry of Labour and Social Protection in Order No. 48 of 8 May 2015. The Committee notes in particular that the regulations expand the mandate of the Tripartite Council to send proposals to legislative bodies on the implementation of ILO Conventions and Recommendations in law, in accordance with ILO recommendations, to review the application in practice of labour and trade union legislation and examine communications from trade unions and employers’ organizations on issues of compliance with ratified ILO Conventions. The Committee trusts that the extended mandate of the Tripartite Council will be of assistance in addressing the points that the Committee has been raising for a number of years. In this regard, the Committee notes with interest the latest information from the Government that the Tripartite Council met in November 2015 and agreed upon a mechanism for negotiating and concluding collective agreements at enterprises with more than one union, which would figure in the General Agreement for 2016–18.

Article 2 of the Convention. Right to establish workers’ organizations. The Committee recalls that, in its previous observations, it had urged the Government to take the necessary measures to amend Presidential Decree No. 2, its rules and regulations, so as to remove the obstacles to trade union registration (legal address and 10 per cent minimum membership requirements). The Committee notes with interest the Government’s indication that, following a proposal by the Tripartite Council, Presidential Decree No. 4 of 2 June 2015 abolished the 10 per cent minimum membership requirement by lowering the minimum number for forming an enterprise trade union to ten workers. The Committee further notes the observations of the BKDP that it considers the changes introduced to be cosmetic in nature given that the trade union practice in Belarus does not envisage the creation of autonomous individual unions but rather organizational structures under national sectoral trade unions in accordance with their by-laws. In this respect, the Committee recalls the numerous allegations of obstacles to the registration of such organizational structures due to their difficulties in obtaining legal address. It further recalls that the BKDP had indicated that, faced with such obstacles, independent trade unions generally had been discouraged from seeking registration.

In view of the above, the Committee deeply regrets that the Government’s latest report does not indicate any measures taken or envisaged to amend the legal address requirement, as recommended by the Commission of Inquiry. The Committee once again urges the Government to consider, within the framework of the Tripartite Council, the measures necessary to ensure that the matter of legal address ceases to be an obstacle to the registration of trade unions in practice. The Committee requests the Government to indicate all progress made in this respect.

Further recalling the specific allegations relating to legal address which were considered by the direct contacts mission that visited the country in January 2014 and its recommendation that mechanisms be developed to find an acceptable resolution of these kinds of disputes in the future, through fact-finding, facilitation and mediation, with full respect of freedom of association principles, the Committee welcomes the Government’s indication that, with the support of the ILO, a tripartite seminar on dispute resolution and mediation is scheduled to take place in January 2016. The Committee requests the Government to provide information on the results and concrete outcome of this activity.

Articles 3, 5 and 6. Right of workers’ organizations, including federations and confederations, to organize their activities. The Committee recalls that it had previously expressed its concern at the allegations of repeated refusals to authorize the BKDP, the Belarusian Independent Trade Union (BNP) and the Radio and Electronic Workers’ Union (REP) to hold demonstrations and meetings. The Committee had urged the Government, in working together with the abovementioned organizations, to investigate all of the alleged cases of refusals to authorize the holding of demonstrations and meetings, and to bring to the attention of the relevant authorities the right of workers to participate in peaceful demonstrations and meetings to defend their occupational interests. The Committee notes the allegations in the latest communication of the BKDP that many municipal authorities had further denied authorization for it and its affiliates to carry out demonstrations: in February to protest against a new decree affecting workers’ interests; on May Day; and to hold meetings in October dedicated to the World Day for Decent Work. The Committee notes that the Government only replies with respect to the latter event, stating that the Minsk authorities did grant permission to the BKDP, and the rally took place in the Friendship of People’s Park on Bangalore Square. The Committee regrets that the Government has not replied to the other allegations of refusal to grant authorization for demonstrations in February and on May Day, nor has it provided any information on the steps taken to investigate the cases of refusal with the organizations concerned. The Committee urges the Government once again to work together with the abovementioned organizations to investigate these cases, and to bring to the attention of the relevant authorities the right of workers to participate in peaceful demonstrations and meetings to defend their occupational interests. It requests the Government to provide information on the measures taken in this regard. The Committee further recalls in this connection that it has been requesting the Government for a number of years to take measures to amend the Act on Mass Activities, and urges the Government to review, with the assistance of the ILO, its provisions in the Tripartite Council, with a view to their amendment, and to report on the progress made.

Finally, the Committee once again urges the Government to take measures to amend, in consultation with the social partners, Decree No. 24, which requires previous authorization for foreign gratuitous aid and restricts the use of such aid, so as to ensure that workers’ and employers’ organizations may effectively organize their administration and activities and benefit from assistance from international organizations of workers and employers in conformity with Articles 5 and 6 of the Convention. It requests the Government to provide information on all measures taken in this respect.

Article 3. Right of workers’ organizations to organize their activities. The Committee recalls that it had previously requested the Government to indicate the measures taken to amend sections 388, 390, 392 and 399 of the Labour Code regarding the exercise of the right to strike. The Committee regrets that no information has been provided by the Government on the concrete measures taken to amend the abovementioned provisions affecting the right of workers’ organizations to organize their activities in full freedom. The Committee therefore encourages the Government to take measures to revise these provisions, in consultation with the social partners, and to provide information on all measures taken or envisaged to that end.

The Committee notes with regret that, despite some progress noted above, it is bound to conclude, as did the Conference Committee on the Application of Standards, that over ten years since the Commission of Inquiry first issued its recommendations, the Government has failed to address most of them, leaving the overall situation in relation to trade union rights still highly unsatisfactory. The Committee is nevertheless encouraged by the intensified engagement of the Government with the ILO aimed at reviewing and addressing the obstacles faced in this regard, including the tripartite seminar on dispute resolution and mediation planned for January 2016, and expresses the firm hope that it will be in a position to observe significant progress made on the remaining recommendations.