Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations submitted by the International Trade Union Confederation (ITUC) received on 1 September 2016 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 2016 alleging violations of this Convention in law and in practice. The Committee also notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

Follow-up to the recommendations of the Commission of Inquiry appointed under article 26 of the Constitution of the ILO

As a general point, the Committee notes with interest that a tripartite activity on collective labour dispute resolution mechanisms organized by the ILO in Minsk in February 2016 allowed for an open discussion on the existing arrangements and possible new mechanisms, including in the framework of the tripartite Council for the Improvement of Legislation in the Social and Labour Sphere (hereinafter, tripartite Council). The Committee notes the Government’s indication that ILO tripartite activities carried out in Belarus following the direct contacts mission in 2014 had a positive impact on the social partners and, in particular, on the relations between various trade union groups. Further in this connection, the Committee welcomes the Government’s indication that a training course on international labour standards for judges, lawyers and legal educators is planned to take place with ILO support in the first half of 2017. The Committee requests the Government to provide information on the outcome of this activity.

Article 2 of the Convention. Right to establish workers’ organizations. The Committee recalls that in its previous observation, it had urged 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. While noting the Government’s indication that there had been no cases of refusal to register trade unions or their organizational structures, the Committee recalls that the BKDP had previously indicated that, faced with many obstacles in this respect, independent trade unions generally had been discouraged from seeking registration, despite the widening of possibilities as to the kind of premises which could satisfy the legal address requirement. The Committee deeply regrets that the Government’s latest report does not indicate any measures taken to address this concern, including through the amendment of Presidential Decree No. 2, its rules and regulations, as recommended by the Commission of Inquiry. The Committee once again urges the Government to assess, 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 and requests the Government to indicate all progress made in this respect.

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 public 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 latest allegations submitted by the BKDP regarding a video posted on YouTube showing the activists of the Women’s Network of the Independent Union of Miners (NPG) protesting by the entrance to the NPG office against the raising of the retirement age. The participants were summoned to the Soligorsk police station and charged with a violation of the Administrative Code. On 17 May 2016, the court determined the video to be an unauthorized picketing, found the participants guilty and imposed a penalty in the form of an administrative warning. Also in May 2016, the Polotsk Court found Mr Victor Stukov and Mr Nikolai Sharakh, trade union activists of the BNP union at “Polotsk-Fiberglass” enterprise, guilty of participating in unauthorized picketing and imposed fines amounting to €250 and €300, respectively. According to the BKDP, trade unionists were protesting in the city centre against violations of labour legislation at the enterprise and against Mr Sharakh’s dismissal. The Committee deeply regrets that the Government has failed to provide its comments on the new allegations and to reply to all outstanding allegations of refusal to grant authorization for demonstrations, 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.

In this connection, the Committee recalls that it has been requesting the Government for a number of years to amend the Law on Mass Activities. It deeply regrets that the Government provides no information on the measures taken in this regard. It further deeply regrets that no measures have been taken to amend Presidential Decree No. 24, which requires previous authorization for foreign gratuitous aid and restricts the use of such aid. The Committee therefore once again urges the Government, in consultation with the social partners, to amend the Law on Mass Activities and Decree No. 24 and requests the Government to provide information on all measures taken in this respect. The Committee considers, in particular, that the amendments should be directed at abolishing the sanctions imposed on trade unions or trade unionists for a single violation of the respective legislation; at setting out clear grounds for the denial of requests to hold trade union mass events, bearing in mind that any such restriction should be in conformity with freedom of association principles; and at widening the scope of activities for which foreign financial assistance can be used, in particular, in view of the apparent (financial) burden that is placed on trade unions to ensure the law and order during a mass event. The Committee invites the Government to avail itself of ILO technical assistance in this respect.

The Committee recalls that it had previously requested the Government to indicate the measures taken to amend the following sections of the Labour Code as regards the exercise of the right to strike: sections 388(3) and 393, so as to ensure that no legislative limitations can be imposed on the peaceful exercise of the right to strike in the interest of rights and freedoms of other persons (except for cases of acute national crisis, or for public servants exercising authority in the name of the state, or essential services in the strict sense of the term, i.e. only those, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population); 388(4) so as to ensure that national workers’ organizations may receive assistance, even financial, from international workers’ organizations, even when the purpose is to assist in the exercise of freely chosen industrial action; 390, by repealing the requirement of the notification of strike duration; and 392, so as to ensure that the final determination concerning the minimum service to be provided in the event of disagreement between the parties is made by an independent body and to further ensure that minimum services are not required in all undertakings but only in essential services, public services of fundamental importance, situations in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population, or to ensure the safe operation of necessary facilities. The Committee regrets that no information has been provided by the Government on the 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.

While duly recognizing the efforts made by the Government, the Committee emphasizes that much remains to be done in order to implement in full all of the Commission of Inquiry’s recommendations. It encourages the Government to pursue its efforts in this respect and expects that the Government, with the assistance of the ILO and in consultation with the social partners, will take the necessary steps to fully implement all outstanding recommendations without further delay.