Interim Report - Report No 326, November 2001

Case No 2090 (Belarus) - Complaint date: 16-JUN-00 - Closed

Allegations: Denial of trade union registration, government interference in trade union activities and dismissal of trade unionists

1. 210. The Committee already examined the substance of this case at its May-June 2001 meeting, when it once again presented an interim report to the Governing Body [325th Report, paras. 111-181, approved by the Governing Body at its 281st Session (June 2001)]. The Federation of Trade Unions of Belarus (FPB) submitted additional information in respect of the complaint in a communication dated 25 May and 4 July 2001 and the Belarusian Free Trade Union (BFTU) made additional allegations in a communication dated 24 May 2001.
2. 211. The Government transmitted additional information in reply to some of the new allegations in communications dated 28 May and 4 October 2001.
3. 212. Belarus has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 213. At its June 2001 session, the Governing Body approved the following recommendations in the light of the Committee’s interim conclusions:
   • (a) Noting with regret that the Government has not provided any information to demonstrate that progress has been made in respect of the measures envisaged to eliminate the obstacles to registration caused by the legal address requirement and that it has not provided the information requested concerning the status of the registration requests made by the organizations cited in the conclusions, the Committee once again urges the Government to take the necessary measures to eliminate the obstacles to registration caused by this requirement and to provide detailed information on the status of these organizations.
   • (b) Taking due note of the Instructions of the Presidential Administration which were issued in January 2001, the Committee once again urges the Government to take the necessary measures immediately to ensure a stop to such government interference into the internal affairs of trade unions. It further urges the Government to give serious consideration to the need to issue clear and precise instructions to all relevant authorities that interference in the internal affairs of trade unions will not be tolerated.
   • (c) As concerns the delays in the transfer of trade union dues to several of the complainant organizations, the Committee requests the Government to establish, as a matter of urgency, an independent investigation into these claims and to take the necessary measures to ensure the payment of any dues owed. It further requests the Government to keep it informed of the outcome of these investigations and to provide detailed information in reply to the allegations of delayed transfer of dues.
   • (d) Expressing its deep concern at the press release of the Ministry of Justice which refers to the possibility of raising the question of dissolving the Federation of Trade Unions of Belarus (FPB), the Committee considers that the circumstances at hand can in no way justify the dissolution of an entire federation and therefore urges the Government to ensure that no steps will be taken to consider the dissolution of the federation for the reasons invoked.
   • (e) Considering that the aspects of Presidential Decree No. 8 which prohibit trade unions, and potentially employers’ organizations, from using foreign aid from international organizations of workers or employers is a serious violation of the principles of freedom of association, the Committee urges the Government to take the necessary measures, as a matter of urgency, to ensure that workers’ and employers’ organizations may benefit freely, and without prior authorization, from the assistance which might be provided by international organizations. The Government is requested to keep the Committee informed of the measures taken in this regard.
   • (f) Considering that the letter of the Minister of Justice which declares the amendments to the REWU by-laws to be invalid constitutes undue interference in the internal affairs of the REWU, the Committee requests the Government to ensure that such interference will not recur.
   • (g) The Committee requests the Government to take the necessary measures to institute an independent investigation into the questions surrounding the establishment of a regional trade union of electronics industry workers by the Research and Production Association of the Integral Amalgamation and the decision taken at the Tsvetotron Plant to affiliate to the new regional union. It requests the Government to keep it informed of the outcome of the investigation. The Committee also requests the Government to furnish information in reply to the additional allegations of threats and pressure exerted upon workers to coerce them to leave the branch union and set up new unions at the Belarus Metallurgical Plant and the Rechitskij Hardware Plant in Gomel.
   • (h) The Committee requests the Government to take the necessary measures to ensure that any authorized trade union gatherings at the Minsk Motor Plant or at the Borisov Aggregate Plant may take place without any undue influence from the management in the internal trade union affairs.
   • (i) The Committee urges the Government to take the necessary measures to ensure that Mr. Evmenov and Mr. Bourgov are reinstated in their posts with full compensation for any lost wages and benefits and to keep the Committee informed of the progress made in this respect.
   • (j) The Committee once again requests the Government to take the necessary measures to institute independent investigations into the threats of dismissal made to members of the GPO “Khimvolokno” Free Trade Union urging them to leave the union, as well as to the members of the Free Trade Union at the “Zenith” Plant, and the refusal to employ, after the expiration of his term of office, the re-elected chairperson of the Free Trade Union of Metalworkers at the Minsk Automobile Plant, Mr. Marinich. The Committee further requests the Government to ensure that the effects of any anti-union discrimination or interference in respect of the above cases be redressed and to keep it informed of the progress made in instituting these investigations and their outcome.
   • (k) The Committee requests the Government to provide information in reply to the allegations made by the BFTU in its communication dated 23 March 2001.

B. The complainants’ additional allegations

1. 214. In its communication dated 23 March 2001, the Belarusian Free Trade Union (BFTU) provides new allegations concerning the violation of trade union rights and the civil and political liberties of some of its trade union members. In particular, the BFTU alleges that administrative obstacles are being created by officials of the Chief Economic Directorate of the Presidential Administration with a view to hindering the union’s activities at its rented premises at 14 Dolgobrodskaya Street and 8 Kirov Street in Minsk, following the refusal of workers employed by the joint Belarusian-German undertaking (Universalnyj Dom) covered by the BFTU to pay monthly bribes. According to the complainant, on 2 March 2000, the state authorities issued a ban on union members entering the union premises and refused to grant them passes or recognition in order to deprive the union of its right to engage freely in its activities. At the same time, the authorities are attempting to break up the BFTU representing workers at the joint undertaking by denying the union access to its premises and interfering in its activities.
2. 215. In particular, the complainant alleges that, on 12 July 2000, without any court order and in the absence of any union representative, district officials entered the rented premises at 8 Kirov Street and broke open cupboards in which were kept union papers and property. The premises were then sealed and the entrances blocked off, locks were arbitrarily fitted on all doors and property was removed. Despite reports of these arbitrary actions to the state authorities, nothing has been done in response.
3. 216. The complainant further alleges violations by the state authorities of its members’ right to stand for election to Parliament, as well as the creation of obstacles to the monitoring of the parliamentary election process. Included in the actions taken by the state authorities, the complainant alleges that on 26 December 2000 the Chief Economic Directorate of the Presidential Administration gathered and destroyed all BFTU’s papers during a fire investigation at the union’s premises at 8 Kirov Street. Finally, the BFTU refers to alleged violations of the basic civil liberties of two of its members who were election observers.
4. 217. In its communication of 24 May 2001, the BFTU provides documentation on the refusal to register a certain number of their sub-organizational structures. The structures at the Mogilev Automobile Plant and OAO “Ecran” were denied registration due to the fact that they had carried out unauthorized picketing and the organization of workers at the joint enterprise “Samana Plus” was refused registration because the legal address given was that of an owner of a residential building. Furthermore, the decision of the court of the Leninski region ordering the Executive Committee of Grodno to register the BFTU local organization of workers of Grodno Production Amalgamation “Khimvolokno” has not been carried out and its leaders, V. Parfinovich and E. Liasotski, have been dismissed.
5. 218. The Federation of Trade Unions of Belarus (FPB), in a communication dated 25 May 2001, provided additional documentation in support of its allegations. In particular, the complainant refers to the refusal to grant permission to the Belarus Automobile and Agricultural Machinery Workers’ Union (AAMWU) to picket near the Ministry of Industry in protest of the Ministry’s non-respect of the agreement on wages. The FPB also forwarded Presidential Decree No. 11 on several measures to improve the procedure for holding assemblies, rallies, street marches and other mass events and picketing actions, published in the newspaper on 11 May 2001.
6. 219. The AAMWU had requested permission to picket outside the Ministry of Industry from 14 to 17 May 2001 because of the Ministry’s failure to observe the part of the wage agreement relating to the timely transfer of trade union dues. Despite the provision of the Act on assemblies, rallies, street marches, demonstrations and picketing actions which permits picketing of state administration buildings at a distance of at least 50 meters from the building, the Minsk Municipal Executive Committee granted the union’s request, but assigned a location for the picketing 3.5 kilometres away from the Ministry. The AAMWU considers that such a condition amounts to a refusal to permit the picket. The union decided not to go ahead with the picket as, under such conditions, it would be completely ineffective, but considers the refusal to be an infringement of its constitutional right to hold assemblies, demonstrations, pickets, etc. The complainant also provides documentation concerning the refusal by the Minsk Municipal Executive Committee to grant permission to the AAMWU for a picket from 21 to 25 May because the union had proposed also to collect signatures for a petition to the Government during the picket and the Executive Committee maintained that picketing could not be carried out with other actions.
7. 220. Finally, in its communication of 4 July 2001, the FPB asserts that the trade union situation in the country is worsening, despite assurances given by the Government representative of Belarus before the International Labour Conference that steps would be taken to improve the situation. On 21 June 2001, the Council of Ministers and the National Bank revoked their resolutions of 14 November 1996 (No. 726/14) on trade union membership dues. According to the complainant, employers may now delay the transfer of dues to trade union organizations for an indefinite period. The complainant further alleges that, on 28 June, during a meeting with the workers’ representatives of the PA “BelAZ”, the President of Belarus stated that the dues should not be transferred to trade union organizations, but should only be used in enterprise union organizations. According to the complainant, these actions are aimed at undermining the material basis of trade unions and the state mass media negatively assesses the activities of the unions in order to discredit them.

C. The Government’s reply

1. 221. In its letter of 28 May 2001, the Government replies to the allegations made by the Federation of Trade Unions of Belarus (FPB) in its communication dated 28 March 2001 (examined by the Committee at its last session). The Government asserts that the general and rhetorical nature of the assertions made by the FPB have made it extremely difficult for it to prepare its observations.
2. 222. In the Government’s view, the communication by the complainants of information on the whole range of social and labour relations issues in the Republic, which do not have a bearing on matters of freedom of association within the meaning of Conventions Nos. 87 and 98, does not correspond to the mandate of the Committee on Freedom of Association with regard to the examination of complaints and is not conducive to the effective resolution of Case No. 2090.
3. 223. The Government considers that such matters should be dealt with in the framework of existing institutions of social partnership in the Republic, in particular the National Council on Labour and Social Affairs. In the course of it session on 24 May 2001 the Council definitively resolved disagreements on mattes relating to the General Agreement. At the same session, the Government also informed the social partners on the steps taken to carry out the Committee’s recommendations in Case No. 2090. The outcome of the session was the conclusion on 25 May 2001 of the General Agreement for 2001-03 between the Government of Belarus and the republic-level associations of employers and trade unions.
4. 224. As concerns the matters raised in the FPB’s communication, the Government reiterates that the underlying causes of the withdrawal of trade union structural units from confederations lie in objective processes occurring in the Belarusian trade union movement itself. The Government intends neither to support nor to hinder lawful attempts to change membership of and affiliation to various trade unions, guided by the principle borne out by international practice that workers should independently and freely choose the trade union they consider to be best able to express their occupational interests.
5. 225. Concerning the withdrawal of the first-level trade union in the Belarus Metallurgical Plant from the metalworkers’ branch union, the Government asserts that this was due to the lack of proper cooperation between the republic-level council of metalworkers’ union and the first-level organization at the plant, as well as numerous proposals by metalworkers to set up a metalworkers’ union in the Republic. The decision to set up a metalworkers’ union of the plant was taken at the conference of the first-level trade union organization at the plant held on 2 March 2001. Prior to the conference, assemblies were held in all the first-level trade union organizations of the plant’s structural units at which the question of establishing a metalworkers’ union was discussed and delegates to the conference were elected.
6. 226. According to the Government, individual applications from the workers at the plant resulted in the establishment of a trade union of metalworkers of the Belarusian Metallurgical Plant. As at 1 April 2001, over 14,500 workers had joined the new trade union, i.e. over 97 per cent of the enterprise workforce. The trade union was registered by the justice department of the Gomel regional executive committee on 23 March 2001.
7. 227. Concerning the transfer of union dues, the Government recalls the Constitutional Court ruling of 21 February 2001, according to which the withholding of trade union membership dues from wages by means of non-cash payment to the accounts of trade union bodies was found to be in conformity with the Constitution, international law and the laws of Belarus. At the same time, the Constitutional Court drew the attention of the trade unions and employers to the fact that they had violated the legislation governing the procedure for the payment of union dues by workers who are members of trade unions and to the absence of proper supervision by the trade unions of compliance with the established procedure for the payment of trade union dues into their accounts.
8. 228. As regards the information concerning the meeting held by the Head of the Presidential Administration, the Government states that the format of the document attached by the complainants shows that it was not a copy of a document issued by the Administration. No documents of this kind have been received by the Ministry of Labour and therefore it is not necessary to comment on the information that has not been confirmed.
9. 229. As concerns Decree No. 8 respecting certain measures to improve the procedure for receiving and using free foreign aid, the Government indicates that the Decree was drafted with a view to improving the procedure whereby legal and natural persons in Belarus receive and use free aid provided by foreign governments, international organizations and citizens, as well as stateless persons and anonymous donors, and is not aimed, as the complainants assert, at isolating all democratic and opposition forces or declaring illegal any international assistance to all non-governmental organizations, including trade unions.
10. 230. The Decree prohibits the use of free foreign aid for carrying out an activity aimed at changing the constitutional system of Belarus, seizing and overthrowing state power and inciting others to commit such acts, propaganda for war or violence for political ends, fomenting social, national, religious and racial enmity and other actions prohibited by law. Under the provisions of the Decree, free foreign aid of any kind cannot be used for preparing and holding a referendum, recalling a deputy or a member of the Council of the Republic, holding assemblies, (political) rallies, street processions, demonstrations, picketing, strikes, preparing and disseminating propaganda and holding seminars and other forms of propagandistic work among the population (aimed at the purposes mentioned above).
11. 231. The Government considers that the restrictions on the use of foreign aid for carrying out the abovementioned activities, which are directly related to shaping and expressing the political will of the Belarusian people, cannot be perceived as a restriction on the right of foreign donors and international organizations to provide technical assistance to Belarus. This approach is in accordance with the provisions of the Constitution of Belarus and generally recognized international practice. The legislation of many foreign countries prohibits foreign financing of the activity of political parties, election campaigns and other similar activities. The provisions of the Decree do not affect questions of cooperation between the Government and social partners and the ILO.
12. 232. The Government concludes that Belarus is a staunch supporter of the aims and principles of the ILO, enshrined in its Constitution and the Declaration of Philadelphia. The Government understands that the ILO’s technical cooperation with member States is a crucial means of achieving the Organization’s objectives and carrying out the specific social and labour tasks facing the ILO’s tripartite constituents.
13. 233. In its communication of 4 October 2001, the Government reiterates its intentions to amend Presidential Decree No. 2 so as to eliminate the obstacles to registration caused by the requirement of the legal address and to repeal the provision concerning restrictions requiring 10 per cent minimum membership at the enterprise level. The Government also indicates that local organizations at “Naftan” Production Amalgamation (Novopolotsk) and at “Zenith” Plant were registered on 25 May 2000 and 28 August 2000, respectively. As concerns the dismissals of Mr. Evmenov and Mr. Bougrov, the Government reiterates its previous comments that the dismissals were due to their violation of labour discipline and that no violation of the legislation by the plant’s management has been established. This has been confirmed by the decision of the Oktyabrsky district court of Mogilev and the Mogilev regional court. Concerning Mr. Bougrov, the Government stresses that he was dismissed for being absent from work (on a working day and not on unpaid subbotnik) without any reasonable explanation.
14. 234. As concerns the payment of the union dues owed, the Government provided a copy of a letter from the Ministry of Agriculture and Food Supplies, the Ministry of Statistics and Analysis and the Ministry of Economics, dated 8 August 2000, concerning the payment of trade union dues owed through the sale of cereal and other agricultural products. As concerns Decree No. 8, the Government once again indicates that the purpose of the Decree is to establish a transparent procedure for receiving foreign aid which, it states, is particularly important to the States of the ex-USSR where foreign aid is often not used as intended by the donors or does not even reach the people to whom it was sent. For that reason, the Decree had a positive reaction from foreign individuals, because they can now control the use of the aid sent by them. Moreover, the Government states that the Decree does not require prior authorization to receive such aid and the registration is not complicated and can be effectuated within a short period of time. Finally, the Government indicates that some of the complainant’s allegations, particularly concerning the election system in Belarus, do not concern the application of Conventions Nos. 87 and 98.

D. The Committee’s conclusions

1. 235. The Committee notes that the additional information provided by the complainants in this case refers to the continuing denial of registration of sub-organizational union structures and the dismissal of trade union leaders, the entering of trade union premises without a court order and the sealing off of these premises, the confiscation of trade union property and documents and the destruction of union papers. Additional allegations were made concerning the virtual denial of requests to carry out pickets and the eventual obstacles created in this respect by Decree No. 11. Finally, the Committee notes the allegations concerning the revocation of a resolution on the payment of trade union dues, which the complainants allege will enable employers to delay transfers to trade union organizations indefinitely.
2. 236. The Committee takes due note of the information provided in the Government’s reply in respect of the earlier allegations made by the complainants of pressure and threats exerted by the administration of the Belarus Metallurgical Plant, forcing the workers to resign from the branch metalworkers’ union and to set up a union under the control of the plant’s administration. While noting the Government’s assertion that the creation of a new metalworkers’ union at the plant was the result of the free will of the workers, the Committee requests the Government to take the necessary measures to institute a truly independent investigation into the complainant’s allegations that pressure and intimidation were used against the workers of the Belarus Metallurgical Plant with the aim of undermining the established trade union structure and to keep it informed of the outcome of the investigation.
3. 237. As concerns trade union dues, the Committee noted at its last meeting in June 2001 the principles established in this regard by the Constitutional Court ruling. The Committee had recalled in this respect that the withdrawal of the check-off facility was not conducive to the development of harmonious industrial relations and expressed its deep concern that the appropriateness of such transfers had been called into question in the Presidential Instructions of January 2001. While taking due note of the Government’s indication that the format of the document concerning the Presidential Instructions attached to the complaint was not a copy of a document issued by the Administration, the Committee must nevertheless observe that the substance of the Instruction to which the complainants referred (i.e. to intensify efforts to resolve the issue of the inappropriateness of transferring a proportion of trade union dues to higher level trade union structures [see 325th Report, para. 165]) appears nevertheless to have been put into action. The Committee considers that questions concerning the financing of trade union federations and their sub-organizational trade union structures should be governed by the by-laws of the trade unions, federations and sub-organizational structures concerned and that any interference by the state authorities in this respect is contrary to the right of workers to organize their administration and activities in accordance with Article 3 of Convention No. 87, ratified by Belarus. Bearing in mind the principle that the repartition of trade union dues among various trade union structures is a matter to be determined solely by the trade unions concerned, the Committee recalls the request made to the Government during its last examination of this case to establish, as a matter of urgency, a truly independent investigation into the claims of delayed transfer of union dues made by the complainants and to take the necessary measures to ensure the payment of any dues owed [see 325th Report, para. 165]. It requests the Government to keep it informed of the outcome of these investigations.
4. 238. As concerns Decree No. 8, the Committee first notes the general indication of the Government that the purpose of the Decree is to provide a transparent procedure for receiving foreign aid and that no previous authorization is required. It further notes the Government’s indication that the use of free foreign aid for preparing or holding assemblies, demonstrations, picketing, strikes, etc., is prohibited when it is aimed at changing the constitutional system, overthrowing state power, propaganda for war or violence, etc. Nevertheless, the Committee must observe that the provisions of Decree No. 8 which treat the use of foreign aid for assemblies, demonstrations, pickets and strikes and the provision which concerns the overthrowing of the Government and war propaganda are in no way linked. It would therefore appear that paragraph 4.3 of the Decree prohibits the receipt of foreign aid for demonstrations, pickets, strikes, etc., regardless of the aim of these activities. The Committee therefore finds itself once again obliged to recall that the aspects of the Decree which prohibit trade unions, and potentially employers’ organizations from using foreign aid, financial or otherwise, from international organizations of workers or employers is a serious violation of the principles of freedom of association and urges the Government to take the necessary measures, as a matter of urgency, to ensure that Presidential Decree No. 8 is amended so that workers’ and employers’ organizations may benefit freely, and without previous authorization, from the assistance which might be provided by international organizations for activities compatible with freedom of association. The Government is requested to keep the Committee informed of the measures taken in this regard.
5. 239. The Committee notes that the Government has not replied to the new allegations made by the Belarusian Free Trade Union (BFTU) concerning a ban by the state authorities on union members entering union premises, the entering of union premises by public authorities without a court order, the seizing of papers and property and the subsequent sealing off of the premises. The Committee must recall in this respect the importance it attaches to the principles that any search of trade union premises without a court order constitutes an extremely serious infringement of freedom of association and that the occupation or sealing of trade union premises should be subject to independent judicial review before being undertaken by the authorities in view of the significant risk that such measures may paralyse trade union activities [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 177 and 183]. Furthermore, the access of trade union members to their union premises should not be restricted by the state authorities. The Committee therefore requests the Government to take the necessary measures to initiate an independent investigation into the allegations raised by the BFTU in this regard and to ensure that any remaining confiscated property and papers are promptly returned to the union. The Government is requested to keep the Committee informed of the outcome of the investigations.
6. 240. As concerns the allegations that the state authorities have violated the union members’ right to stand for election to Parliament and to participate in the monitoring of the parliamentary election process, the Committee must recall that, although respect for freedom of association is closely bound up with respect for civil liberties in general, it is nevertheless important to distinguish between the recognition of freedom of association and questions relating to a country’s political evolution [see Digest, op. cit., para. 203]. In the absence of any connection made in the complaint between the actions taken by the authorities and the trade union status of the individuals concerned, the Committee does not consider itself competent to examine allegations concerning the right of certain individuals to be candidates in political elections or to monitor such elections. On the other hand, the Committee takes due note of the allegations concerning the destruction of trade union papers on 26 December 2000 by the Chief Economic Directorate of the Presidential Administration, raised within the context of the violations concerning the monitoring of the electoral process. The Committee recalls once again in this regard the importance it attaches to the principle of the inviolability of trade union premises and considers in this respect that trade union papers should not be destroyed by state authorities, even if the state authorities link such action to a more global political context, such as the observation of parliamentary elections. In the absence of any reply from the Government in respect of this allegation, the Committee requests the Government to take the necessary measures to initiate an independent investigation into this matter and to keep it informed of the outcome of the investigation.
7. 241. As concerns the continuing refusal to register a certain number of sub-organizational structures of the BFTU, the Committee notes that the issue of the legal address remains an obstacle to registration, in particular as concerns the registration of a workers’ organization at the joint enterprise, “Samana Plus”. While noting the Government’s indication that it intends to eliminate the obstacles to registration caused by Presidential Decree No. 2, as well as the indication that the sub-organizational structures at “Naftan” and “Zenith” have been registered, the Committee once again urges the Government to take the necessary measures to eliminate the obstacles to registration caused by the legal address requirement and to provide detailed information on the status of the remaining requests for registration noted in its previous examination of this case [see 325th Report, para. 155].
8. 242. The Committee also takes due note of the concerns raised by the complainants in respect of various practical and legal restrictions placed on picket actions (union registration denied on the grounds of the exercise of an unauthorized picket, refusal to allow a picket to take place in front of the Ministry of Industry and the issuance of Presidential Decree No. 11 on several measures to improve the procedure for holding assemblies, rallies, street marches and other mass events and picketing actions). The Committee considers that restrictions on pickets should be limited to cases where the action ceases to be peaceful or results in a serious disturbance of public order. The Committee notes in this respect that Presidential Decree No. 11 permits the dissolution of a trade union in the event that an assembly, demonstration or picketing action results in the disruption of a public event, the temporary termination of an organization’s activities or disruption of transport, loss of life, or serious bodily harm to one or more persons. The Committee recalls that the dissolution of a trade union is an extreme measure and recourse to such action on the basis of a picket action resulting in the disruption of a public event, the temporary termination of an organization’s activities or the disruption of transport is clearly not in conformity with the principles of freedom of association. The Committee therefore requests the Government to take the necessary measures to ensure that this provision of the Decree is modified so that restrictions on pickets are limited to cases where the action ceases to be peaceful or results in a serious disturbance of public order and so that any sanctions imposed in such cases will be proportionate to the violation incurred. The Committee also requests the Government to provide information in reply to the complainants’ allegations concerning the restrictions placed on picketing action, in particular, the refusal to allow a picket to take place in front of the Ministry of Industry and the denial of registration of the Mogilev Automobile Plant and OAO “Ecran” sub-organizational structures due to the exercise of unauthorized picketing.
9. 243. Finally, the Committee regrets that the Government has not provided the information requested at its last meeting concerning the measures taken to institute independent investigations into: the threats of dismissal made to members of the GPO “Khimvolokno” Free Trade Union and to the members of the Free Trade Union at the “Zenith” Plant; the allegations of the refusal to employ the re-elected chairperson of the Free Trade Union of Metalworkers at the Minsk Automobile Plant, Mr. Marinich; the questions surrounding the establishment of a regional trade union of electronics industry workers by the Research and Production Association of the Integral Amalgamation and the decision taken at the Tsvetotron Plant to affiliate to the new regional union; and the allegations concerning threats and pressure placed upon the workers at the Rechitskij Hardware Plant in Gomel to leave the branch union and set up new unions. The Committee once again requests the Government to keep it informed of the progress made in instituting these investigations, as well as their outcome. Finally, the Committee notes that the Government repeats its previous comments concerning the dismissals of Mr. Evmenov and Mr. Bourgov. It recalls its previous conclusions in this respect, which were based on the respective court judgements, that it cannot accept that the failure to work on a non-workday should be considered a breach of labour discipline [see 325th Report, paras. 175 and 176]. It therefore once again requests the Government to provide information on the measures taken in accordance with its previous recommendations to ensure the reinstatement of Mr. Evmenov and Mr. Bourgov in their posts with full compensation for any lost wages and benefits.

The Committee's recommendations

1. 244. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to take the necessary measures to institute a truly independent investigation into the complainant’s allegations that pressure and intimidation were used against the workers of the Belarus Metallurgical Plant with the aim of undermining the established trade union structure and to keep it informed of the outcome of the investigation.
   • (b) Bearing in mind the principle that the repartition of trade union dues among various trade union structures is a matter to be determined solely by the trade unions concerned, the Committee once again requests the Government to establish, as a matter of urgency, a truly independent investigation into the claims of delayed transfer of union dues made by the complainants and to take the necessary measures to ensure the payment of any dues owed. It requests the Government to keep it informed of the outcome of these investigations.
   • (c) The Committee urges the Government to take the necessary measures, as a matter of urgency, to ensure that Presidential Decree No. 8 is amended so that workers’ and employers’ organizations may benefit freely, and without previous authorization, from the assistance which might be provided by international organizations for activities compatible with freedom of association. The Government is requested to keep the Committee informed of the measures taken in this regard.
   • (d) The Committee requests the Government to take the necessary measures to initiate an independent investigation into the allegations raised by the BFTU concerning the unlawful entry into union premises and the confiscation and destruction of union property and papers and to ensure that any confiscated property and papers are promptly returned to the union. The Government is requested to keep the Committee informed of the outcome of the investigations.
   • (e) The Committee requests the Government to take the necessary measures to initiate an independent investigation into the allegations concerning the destruction of trade union papers by the Chief Economic Directorate of the Presidential Administration and to keep it informed of the outcome of the investigation.
   • (f) The Committee once again urges the Government to take the necessary measures to eliminate the obstacles to registration caused by the legal address requirement and to provide detailed information on the status of the remaining requests for registration noted in its previous examination of this case.
   • (g) The Committee requests the Government to take the necessary measures to ensure that Presidential Decree No. 11 is modified so that restrictions on pickets are limited to cases where the action ceases to be peaceful or results in a serious disturbance of public order and so that any sanctions imposed in such cases will be proportionate to the violation incurred. The Committee also requests the Government to provide information in reply to the complainants’ allegations concerning the restrictions placed on picketing action and, in particular, the refusal to allow a picket to take place in front of the Ministry of Industry.
   • (h) The Committee once again requests the Government to keep it informed of the progress made in instituting independent investigations into: the allegations of threats of dismissal made to members of the GPO “Khimvolokno” Free Trade Union and to the members of the Free Trade Union at the “Zenith” Plant; the allegations of the refusal to employ the re-elected chairperson of the Free Trade Union of Metalworkers at the Minsk Automobile Plant, Mr. Marinich; the questions surrounding the establishment of a regional trade union of electronics industry workers by the Research and Production Association of the Integral Amalgamation and the decision taken at the Tsvetotron Plant to affiliate to the new regional union; and the allegations concerning threats and pressure placed upon the workers at the Rechitskij Hardware Plant in Gomel to leave the branch union and set up new unions. The Government is also requested to keep the Committee informed of the outcome of these investigations.
   • (i) The Committee requests the Government to provide information on the measures taken in accordance with its previous recommendations to ensure the reinstatement of Mr. Evmenov and Mr. Bourgov in their posts with full compensation for any lost wages and benefits.