Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 29) sur le travail forcé, 1930 - Bélarus (Ratification: 1956)

The Committee has noted the Government’s reply to its earlier comments.

Article 1(1) and Article 2(1) of the Convention. 1. Freedom of career military servicemen to leave their service. In its earlier comments, the Committee referred to section 26 of the Universal Military Duty and Military Service Act and point 59.7 of the Regulations respecting the military service of officers (Order No. 360 of 1993 of the Minister of Defence), according to which career military officers may be discharged from service at their own request only if their family situation and other circumstances prevent them from performing their military duties. The Committee recalled, referring to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, that career military servicemen who have voluntarily entered into an engagement may not be denied the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee has noted from the Government’s latest report received in 2004, that the new amended text of the Universal Military Duty and Military Service Act of 22 July 2003 contains in section 59 a provision allowing servicemen who undergo their military service on a contract basis, to be discharged from service at their own request before the expiration of the term of their contract, when there are good reasons preventing them from performing their service. The Committee requests the Government to provide particulars concerning the procedure for the conclusion and termination of military service contracts, as well as other existing procedures for the appointment of servicemen to military posts and their discharge from military service, and to supply copies of relevant provisions of the Universal Military Duty and Military Service Act, as amended on 22 July 2003, and other provisions governing these issues.

2. Conditions for payment of unemployment benefits. The Committee previously noted the provision in the national legislation according to which the payment of unemployment benefits is suspended in the event that an unemployed person fails, without a valid reason, to carry out a monthly standard of participation in paid public works assigned by the state employment service (section 18-1, point 2, of the revised Act on Employment of Population of 6 January 1999). The Committee also noted the Government’s repeated statement that, under section 9.1 of the Act on Employment of Population, participation in paid public works does not constitute an obligation on the part of unemployed persons. The Committee has noted the recommendations issued by the Ministry of Labour concerning the procedure of the organization and financing of socially useful paid public works, supplied by the Government with its report. Paragraph 1 of these recommendations contains a reference to the Decree of the Council of Ministers respecting the organization and implementation of public works of 16 May 1997, No. 513, as amended by Decree No. 488 of 8 April 1999, which govern the organization of public works and participation therein. The Committee would appreciate it if the Government would communicate copies of these Decrees, as well as information on their application in practice, in order to enable the Committee to assess their conformity with the Convention.

Article 2(2)(c). Work of prisoners for private employers. In its earlier comments, the Committee noted that employment of prisoners for private enterprises outside prison premises is allowed in accordance with the legislation in force, and that private parties are entitled to conclude contracts on the use of labour of prisoners with the administration of a correctional institution. The Committee noted the provisions of the Execution of Penal Sentences Code, 2001, concerning the obligation of convicts to work at the enterprises determined by the administration of correctional institution, including private ones, the refusal to work being punishable with sanctions (section 98 of the Code). It also noted that conditions of work of convicts are established in accordance with the labour legislation of Belarus and their wage rates shall not be lower than those established by the labour legislation for the performance of corresponding types of work (sections 99 and 100 of the Code).

The Committee recalled that, to be compatible with Article 2(2)(c) of the Convention, which expressly prohibits convicted prisoners from being hired to or placed at the disposal of private individuals, companies or associations, such work should be carried out in conditions approximating a free employment relationship; this necessarily requires the voluntary consent of the prisoner as well as further guarantees and safeguards covering the essential elements of a free employment relationship, such as wages and social security (see paragraphs 82-146 of its General Report submitted to the 89th Session of the ILC (2001)).

The Committee therefore hopes that measures will be taken, both in law and in practice, to ensure that any work or service by prisoners for private employers is performed only with the voluntary consent of the prisoners concerned, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work. Pending the adoption of such measures, the Government is requested to continue to provide information concerning conditions of work of prisoners working for private enterprises, their wages and social security provisions, including specimen copies of agreements concluded between prison authorities and private users of prison labour.