Effect given to the recommendations of the committee and the Governing Body - Report No 311, November 1998

Case No 1849 (Belarus) - Complaint date: 31-AUG-95 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 18. During its last examination of this case at its meeting in November 1997, the Committee requested the Government to keep it informed of the measures taken: to amend Order No. 158 of 28 March 1995 to ensure that strikes may only be prohibited in essential services in the strict sense of the term; to revoke articles 1, 2 and 3 of Presidential Decree No. 336 which interfere with the free exercise of trade union rights; and to ensure the reinstatement in their jobs of all workers dismissed in connection with the strikes in Minsk and Gomyel in August 1995 (see 308th Report, paras. 24-27).
2. 19. In communications dated 15 May and 7 September 1998, the Government indicates that Presidential Decree No. 657 of 29 December 1997 has declared invalid paragraph 1 of Presidential Decree No. 336 which suspended the activities of the Free Trade Union of Belarus, Cell Union of Minsk Subway Workers. The Government further indicates that the Congress of Democratic Trade Unions of Belarus was registered by the Ministry of Justice on 19 December 1997; out of the 40 trade unions registered in the country, eight define themselves in their names as free, independent and democratic. As concerns the Act on the procedure for the settlement of collective labour disputes, the Government indicates that a draft Act concerning amendments and additions to this Act were approved by the Council of the Republic of the National Assembly at the end of June and has been submitted to the President for signature. According to the Government, this draft once adopted will resolve the problems which had arisen under Order No. 158 of 28 March 1995 which established the list of enterprises, the stoppage or interruption of whose activity would endanger the life and health of the population. The Government concluded by thanking the Office for the consultations and technical assistance provided in order to assist it in bringing its legislation into conformity with international labour standards.
3. 20. The Committee notes this information with great interest. In particular, the Committee notes with satisfaction that the Presidential Decree suspending the Free Trade Union of Belarus (FTUB), has been revoked and that the Congress of Democratic Trade Unions of Belarus, an umbrella organization of which the FTUB is a member, has been registered. The Committee requests the Government to indicate whether paragraph 2 and, in particular, paragraph 3 of Presidential Decree No. 336, which establishes that activities of trade unions taking part in strikes on enterprises listed in Order No. 158 shall be terminated as per legal procedure, remain in force. As concerns the draft amendments to the Act on the procedure for the settlement of collective labour disputes, the Committee notes that the latest version provided to the Office represents a significant step towards recognition of the principle of the right to strike, in particular by proposing to repeal section 16 of the Act which sets forth the list of enterprises and services in which strikes may be restricted and upon which Order No. 158 was based. The Committee trusts that these draft amendments will enter into force in the near future and that they will ensure full conformity with the principles of freedom of association. It requests the Government to transmit the final version of the Act as amended. Finally, given that the Government has not provided any information in respect of the measures taken to reinstate the workers dismissed in connection with the strikes in Minsk and Gomyel in August 1995, the Committee requests the Government to keep it informed of the measures taken in this regard.