Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Forced Labour Convention, 1930 (No. 29) - Belarus (Ratification: 1956)

The Committee notes the observation of the Belarusian Congress of Democratic Trade Unions (BKDP), received on 31 August 2017.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

The Committee notes the detailed discussion which took place in the Conference Committee on the Application of Standards in May–June 2016, concerning the application by Belarus of the Convention. In its conclusions, the Conference Committee urged the Government to accept the technical assistance of the ILO and to constructively engage with the ILO at the highest levels to resolve the issues before its next sitting. The Committee also notes the report of the Technical Advisory Mission of the ILO to Belarus that took place from 19 to 23 June 2017.

Articles 1(1), 2(1) and 2(2)(c) of the Convention. Compulsory labour imposed by the national legislation on certain categories of workers and persons. The Committee previously noted with regret that several new provisions had been introduced into the national legislation, the application of which could lead to situations amounting to forced labour, and were thus incompatible with the obligation to supress the use of forced or compulsory labour in all its forms, as required by the Convention. In particular, the Committee drew the Government’s attention to the new provisions of the national legislation.

1. Compulsory labour imposed on workers in the wood processing industry. The Committee noted the adoption of Presidential Decree No. 9 of 7 December 2012 on additional measures for the development of the wood industry, and more particularly section 1.2 which provides that an employee can only terminate his or her contract with the consent of the employer.

The Committee notes that, in its conclusions, the Conference Committee noted with interest the Government’s explanation of steps taken to repeal Decree No. 9 by Presidential Edict No. 182.

The Committee notes with satisfaction the Government’s information in its report that Decree No. 9 has been withdrawn by Edict No. 182 of 27 May 2016, a copy of which is attached to its report.

2. Compulsory labour imposed on persons who have worked fewer than 183 days the previous year. The Committee noted the adoption of Presidential Decree No. 3 of 2 April 2015 on the prevention of dependency on social aid, which provides that citizens of Belarus, foreign citizens and stateless persons permanently residing in Belarus who have not worked for at least 183 days in the last year, and thus have not paid labour taxes for the same period, are required to pay a special levy to finance government expenditure. Non-payment or partial payment of such a levy entails administrative liability in the form of a fine or administrative arrest with compulsory community service (sections 1, 4 and 14 of the Decree). The Committee noted that, in its observations on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), received on 31 August 2015, the BKDP expressed concern at the use of compulsory community service in that regard.

The Committee notes that, in its conclusions, the Conference Committee urged the Government to provide additional information on the operation in law and practice of Decree No. 3 and ensure that it is in full conformity with the Convention.

The Committee notes the observation of the BKDP that Presidential Decree No. 1 of 2017 amended Decree No. 3. However, the amendments, such as additional periods for participating in financing public expenditures, do not change the discriminatory nature of Decree No. 3. It further indicates that, Decree No. 3 was unofficially suspended by the Government following the call for its abolition from various stakeholders, but not repealed. Moreover, in the proposal of a new version, the Government again intends to implement the principle “if you do not work then you are to pay for services”.

The Committee takes due note of the Government’s indication in its report, and to the mission, that Decree No. 3 is suspended following the President’s instruction. While 62,700 people have paid the labour taxes in 2015, the tax authorities have stopped sending out notices for tax payments in 2017. Moreover, the provisions providing for administrative liability for not paying the tax have not been applied, and no penalties have been imposed on this ground in practice. The Government also indicates that a new conceptual framework is being developed to amend Decree No. 3, which shifts the focus from fiscal measures to the stimulation and promotion of employment and the reduction of illegal employment. A draft legislative text in this regard is expected to be completed by 1 October 2017.

The Committee notes from the mission report that the Government has provided assurances to the mission that public consultation, including with the social partners, would be conducted during the development of the amended version of Decree No. 3. The Committee therefore requests the Government to pursue its efforts to ensure that Decree No. 3 is amended in the near future, after consultation with all the relevant stakeholders, especially the social partners. It also requests the Government to provide information on any progress made in this regard.

3. Persons interned in “medical labour centres”. The Committee noted the adoption of Law No. 104-3 of 4 January 2010 on the procedures and modalities for the transfer of citizens to medical labour centres and the conditions of their stay, which provides that citizens suffering from chronic alcoholism, drug addiction or substance abuse who have faced administrative charges for committing administrative violations under the influence of alcohol, narcotics and psychotropic, toxic or other intoxicating substances may be sent to medical labour centres as a result of a petition filed in a court of law by the head of internal affairs (sections 4–7 of the Law). Such persons are interned in medical labour centres for a period of 12 to 18 months and have an obligation to work.

The Committee notes that, in its conclusions, the Conference Committee urged the Government to provide additional information on the operation in law and practice of Law No. 104-3 and ensure that it is in full conformity with the Convention.

The Committee notes the Government’s information in its report, and to the mission, that not everyone who suffers from these problems can be sent to the centres, but only those who repeatedly (three or more times in one year) have disturbed public order and been found in a state of intoxication from alcohol, narcotics or other intoxicating substances. As a further condition, the individuals concerned must have received a warning after committing these offences that he or she might be sent to such a centre but has nevertheless committed administrative offences for similar violations within a year of that warning. The Government emphasizes that in view of the special situation of the individuals concerned, it is impossible in practice to implement a medical and social rehabilitation programme without such restrictive measures. According to the Ministry of Internal Affairs, 8,081 people were sent to medical labour centres since 2016, of which the number was 4,388 for the first half of 2017. Only 52 persons refused to work.

The Committee also notes the Government’s indication in its report and to the mission that persons who are sent to medical labour centres have to undergo a medical examination to determine their level of addiction, and then receive medical and social rehabilitation services, including medical and psychological treatment, personal development and self-education, as well as support for the re-establishment and maintenance of the family relationship. Moreover, employment is considered as one of the most important tools for achieving social reintegration. For this purpose, vocational guidance, training and retraining, as well as skills development are provided in the medical labour centres. The Government further states that the concerned persons are placed in employment in consideration of their ages, capacity for work, health status, skills and qualifications. They are also paid and granted annual and other types of leave in accordance with the labour law. In 2014 and 2015, 870 persons attended formal vocational technical education programmes, while in 2015, 387 persons received hands-on vocational training in the workplace. Moreover, as of June 2017, 5,647 persons were holding paid jobs in medical labour centres. The types of work carried out by such individuals include wood processing, agricultural work and public cleaning. The Committee therefore requests the Government to continue providing information on the implementation of Law No. 103-4 in practice, including the number of persons who are placed in the medical labour centres, specifying whether this placement is the consequence of a judicial conviction or administrative decision.

4. Parents whose children have been removed. The Committee previously noted that Presidential Decree No. 18 of 24 November 2006 on supplementary measures for state protection of children from “dysfunctional families” authorizes the removal of children whose parents are leading “an immoral way of life”, or are chronic alcoholics or drug addicts, or in some other way unable to properly perform their obligations to raise and maintain children. Such parents who are unemployed or who are working but are unable to pay full compensation to the State for the maintenance of their children in state childcare facilities are subject to a court ruling on employment, with an obligation to work (section 9.27 of the Code on Administrative Offences and section 18.8 of the Procedural Executive Code of Administrative Offences). Such a court ruling is a ground for dismissal of the person concerned from her or his previous place of work (section 44(5) of the Labour Code). Parents who avoid such work may be held criminally responsible, pursuant to section 174(2) and (3) of the Criminal Code, and shall be punishable by community service or corrective labour for a period of up to two years, imprisonment for up to three years, as well as restrictions or deprivation of freedom, all involving compulsory labour.

The Committee notes that, in its conclusions, the Conference Committee urged the Government to provide additional information on the operation in law and practice of Decree No. 18 and ensure that it is in full conformity with the Convention.

The Committee notes the Government’s statement in its report and to the mission that the main objective of Decree No. 18 is to improve the situation in “dysfunctional families” so that children can return to live with their parents safely. In order to create circumstances enabling the concerned parents to renounce their antisocial, often immoral lifestyles, it is important for them to have a job. However, many of such parents are unemployed and have lost vocational skills for a long period; it is thus difficult for them to find work on their own as employers are not interested in hiring such persons. In this respect, Decree No. 18 establishes a mechanism whereby a court can order concerned parents to take up employment. Job placements were arranged at workplaces defined in coordination with the local authorities, such as employment and social protection agencies, which have a list of over 6,770 enterprises providing secure workplaces for such individuals. Moreover, one of the conditions in the selection of work is that the wage level is sufficiently high, in order to compensate for the expense of maintaining their children.

The Committee also notes the Government’s information in its report that, in this regard, court orders were sent to 1,833 persons in 2014, 2,317 in 2015, 2,289 in 2016 and 1,128 in the first half of 2017. As of 31 March 2017, 8,371 persons had been placed in employment by the State employment authorities. Moreover, in 2016, 1,200 persons were prosecuted under section 174 of the Criminal Code, while the number was 496 for the first half of 2017. Additionally, from 2007 to 2016, a total of 33,832 children were recognized as needing State support, of which 21,021 children (more than 58 per cent) returned to their families and their parents. However, the Committee notes the information of the BKDP provided to the mission that, in one case, adopted children had been removed from a family for certain political views of the parents, even though the economic and social circumstances in the family were good. While taking due note of the rehabilitation purpose of Decree No. 18 and the high rate of children returning to their parents, the Committee requests the Government to take the necessary measures to ensure that the implementation of the Decree in practice does not go beyond the purpose of rehabilitating dysfunctional families, in particular not for political purposes. The Committee also encourages the Government to consider revising provisions concerning the direct deduction of wages from persons in order to compensate the expenses of maintaining their children in State childcare facilities.

The Committee is raising other matters in a request addressed directly to the Government.