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

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

The Committee notes the observations of the Confederation of Labour of the Russian Federation (KTR), communicated with the Government’s report and referring to the issues raised by the Committee below, as well as the Government’s reply thereon.

The Committee notes that the Committee on Freedom of Association (CFA) drew to its attention the legislative aspects of Case No. 3313 [see 396th Report, October 2021, paragraphs 529–595]. The Committee notes, in particular, the conclusions and recommendations of the CFA with regard to: (1) the right of trade unions to express opinions and (2) the application to trade unions of the legislative provisions regulating non-commercial organizations performing functions of a foreign agent.

Freedom of expression. With regard to a situation where a union’s publications criticizing the State’s policy were declared as being contrary to the law and the union’s statutes, the CFA recalled that the right to express opinions through the press or otherwise is an essential aspect of trade union rights and the full exercise of trade union rights calls for a free flow of information, opinions and ideas within the limits of propriety and non-violence. The CFA further recalled that freedom of expression which should be enjoyed by trade unions and their leaders should also be guaranteed when they wish to criticize the government’s economic and social policy. The CFA requested the Government to take all necessary measures to ensure that the right of trade unions to express opinions, including those criticizing the Government’s economic and social policies is duly protected in law and in practice. The Committee requests the Government to indicate all steps taken in this respect.

Foreign agents. Furthermore, and with reference to Case No. 3313, this Committee notes that by virtue of the Law on Non-Commercial Organizations, trade unions must register as organizations performing the functions of a “foreign agent” if they receive funding from foreign sources and that such status entails certain additional obligations imposed on a trade union under sections 24 and 32 of the Law. The Committee further notes that section 32 provides for scheduled (once a year) and unscheduled inspections of non-commercial organizations performing the functions of a foreign agent. The Committee notes that the reasons for unscheduled inspections include the receipt of information from the state authorities, local self-government authorities, citizens or organizations on (i) a violation of law or its own by-laws by a non-commercial organization performing the functions of a foreign agent; (ii) non-registration as a foreign agent; and (iii) participation in events carried out by a foreign or international non-governmental organization whose activities have been declared undesirable on the territory of the Russian Federation. If during an investigation it appears necessary to obtain documents and/or information through inter-agency information exchange, to undertake complex and/or lengthy research or special expert analyses and investigations, the time limit for carrying out the investigation may be extended to 45 working days. The Committee considers that legislation which seriously hampers activities of a trade union or an employers’ organization on the grounds that they accept financial assistance from an international organization of workers or employers to which they are affiliated infringes the principles concerning the right to affiliate with international organizations. The Committee also notes that pursuant to section 32 of the Law, an authorized body can prohibit a non-commercial organization performing the functions of a foreign agent from implementing a programme (or part thereof). Failure to execute that decision entails the liquidation of the organization by a court. The Committee notes heavy penalties set out by the Code of Administrative Offenses in connection to the failure to register as a non-commercial organization performing the functions of a foreign agent, and also for production or distribution of materials (including through the mass media and/or the Internet), without indicating that these materials were produced, distributed or sent by a non-commercial organization acting as a foreign agent. In light of the above, the Committee, like the CFA, considers that it is difficult to reconcile the additional bureaucratic burdens imposed on trade unions receiving financial assistance from abroad (including from an international trade union to which they are affiliated), as well as various hefty penalties that can be imposed on the organizations, their leaders and members, with the right of trade unions to organize their administration, to freely organize their activities and to formulate their programmes as well as with the right to benefit from international affiliation. The Committee recalls that the control exercised by the public authorities over trade union finances should not normally exceed the obligation to submit periodic reports. The discretionary right of the authorities to carry out inspections and request information at any time entails a serious danger of interference in the internal administration of trade unions. The Committee therefore urges the Government to take the necessary steps to find an appropriate solution through social dialogue in order to ensure that the regulations on non-commercial organizations performing the functions of a foreign agent are compatible with the rights of trade unions, and employers’ organizations, under the Convention. The Committee requests the Government to provide information on all measures taken in this respect.

The Committee notes with utmost concern, from the Kremlin website (www.kremlin.ru), the entry into force, on 1 December 2022, of the Law on Control of Activities of Persons Under Foreign Influence. The Committee notes that pursuant to the new legislation, foreign influence is defined as a support (financial and/or other) provided by, among others, international and foreign organizations, and that non-compliance with the requirements of the law, which are now more stringent than those described above, entails a dissolution of the organization in question. The Committee notes that while employers’ organizations are explicitly excluded from its scope, trade unions are not. The Committee urges the Government to take all necessary steps to exclude trade unions and their organizations from the scope of application of the new Law and to inform the Committee of all measures taken in this respect.

The Committee notes, from the Official Internet Portal of Legal Information, the entry into force, on 5 December 2022, of the related legislation, the Law on Amendments to Certain Legislative Acts of the Russian Federation, which amends, among several other pieces of legislation, Federal Law No. 54-FZ of 19 June 2004 (as amended on 30 December 2020) on Meetings, Rallies, Demonstrations, Marches and Pickets. The Committee notes with deep concern that the amendment not only restricts areas where a public event can take place to the extent that the organization of demonstrations, marches, pickets might become virtually impossible, but also forbids the organization of such events by foreign agents. The Committee requests the Government to provide information on these developments.

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities. The Committee had previously invited the Government to review, in consultation with the social partners, various categories of the State and municipal civil service with a view to identifying those that may fall outside of the narrowly interpreted category of public servants exercising authority in the name of the State. The Committee notes that the Government reiterates its explanation on the classification of civil service positions in the national legislation set out in section 9 of the Law on State Civil Servants, and indicates that all civil servants covered by that legislation exercise authority in the name of the State. The Committee notes that the KTR reiterates its opinion that far from all civil servants covered by the Law are “officials exercising authority in the name of the State”. The Committee questions to what extent “support specialists” (clerical, documentation, IT, accounting, etc. specialists), for example, exercise authority in the name of the State. The Committee recalls that too broad a definition of the concept of civil servant may result in a very wide restriction or even a prohibition of the right to strike for these workers. The Committee welcomes the Government’s indication that it is prepared to conduct, where necessary, consultations with social partners regarding possible improvements. The Committee reiterates its request and expects the Government to inform it of the outcome of thereview, in consultation with the social partners, of various categories of the State and municipal civil service with a view to identifying those that may fall outside of this narrowly interpreted category and whose right to strike should be guaranteed.

With regard to its previous request to take the necessary measures to amend section 26(2) of the Law on Federal Rail Transport so as to ensure the right to strike of railway workers, the Committee notes the Government’s indication that it believes there is no need to amend the legislation on the rail transport, as section 413 of the Labour Code provides that the right to strike may be restricted by federal law. The Government indicates that temporary work stoppages by certain categories of railway workers may pose a threat to the defence of the country and state security, as well as human life and health, and it is therefore reasonable to restrict their right to strike. The Committee reiterates that railway transport does not constitute an essential service in the strict sense of the term where strikes can be prohibited and that instead, a negotiated minimum service could be established in this public service of fundamental importance. The Committee reiterates its previous request and expects the Government to take the necessary measures, in consultation with the social partners, to amend section 26(2) of the Law on Federal Rail Transport so as to bring it into full conformity with the Convention. The Committee again requests the Government to provide information on measures taken or envisaged in this respect.

[The Government is asked to reply in full to the present comments in 2023.]