Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Bélarus (Ratification: 1956)

The Committee notes the information contained in the Government’s reports, the conclusions of the Committee on Freedom of Association in its review of the measures taken by the Government to implement the recommendations made by the Commission of Inquiry (341st Report, approved by the Governing Body at its 295th Session), including the report of the mission carried out in Belarus in January 2006 in response to the requests made by the Conference Committee on the Application of Standards in June 2005, and the discussion that took place in the Conference Committee on the Application of Standards in June 2006. The Committee further notes the comments made by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention in law and in practice. Finally, the Committee notes from the Government’s report that consultations relating to the recommendations of the Commission of Inquiry were held in Geneva between a high-level delegation from Belarus (including the Deputy Prime Minister) and officials of the ILO (including the Executive Director for Fundamental Principles and Rights at Work, the Director and Deputy Director of the Standards Department) and representatives from the ICFTU and the International Organisation of Employers (IOE).

Articles 1 and 3 of the Convention. In its previous comments, the Committee requested the Government to indicate the measures taken to review and redress all complaints of anti-union discrimination that had been raised in the article 26 complaint or had recently come to light in the examination of the follow-up given by the Government to the Commission’s recommendations. It further urged the Government rapidly to adopt new, improved mechanisms and procedures to ensure effective protection against all types of anti-union discrimination and to indicate the progress made in this regard.

The Committee notes that the Government once again indicates that there is already sufficient protection against acts of anti-union discrimination in the labour legislation and that workers have the possibility of recourse to the judicial system if they consider their rights have been violated. The Government further provides statistics on the number of labour inspections carried out and the number of violations of the labour legislation that were found, yet has not indicated whether any of these related to anti-union discrimination. Finally, the Government refers to the tripartite General Agreement for 2006-08 wherein it was recommended that collective agreements include provisions setting out additional guarantees for workers elected to trade union bodies.

As for the investigation of complaints concerning anti-union discrimination and retaliation, the Committee notes the Government’s indication that, following the consultations held in Geneva, it understands that the Council for the Improvement of Legislation in Social/Labour Spheres, which includes representatives from the Government, trade unions and employers’ organizations, NGOs and academic experts, could be an appropriate place to review such complaints, as could be the NCLSI. The Government also referred to the use of the judicial system by the unions outside the structure of the Federation of Trade Unions of Belarus (FPB), the various investigations carried out and the conclusions, including one case where the Belarusian Free Trade Union (BFTU) was found to have cause for its complaint and the enterprise officials received warnings and another three cases where members of the Radio and Electronic Workers’ Union (REWU) had won their court cases, although no details were provided as to the subject of the complaints.

The Committee nevertheless notes with regret that the Government has not been able to provide any statistics relating to the cases of complaint of anti-union discrimination and the decisions rendered. In addition, the Committee considers that the issuing of warnings in the one case of the BFTU is not likely to serve as a sufficiently dissuasive sanction for the violation committed and requests the Government to confirm whether, following the warning, the BFTU has actually been allowed access to the premises of the enterprise concerned.

The Committee further notes with regret that in none of the cases of anti-union discrimination and retaliation which were the subject of the Commission of Inquiry, nor in respect of the non-renewal of contracts of certain persons who had testified before the Commission, has there been any action to redress the situation or to seriously and independently investigate the claims (see 341st Report, paragraph 48). The Committee does not consider that it is in a position to judge whether either of the national councils referred to by the Government could adequately provide the impartiality necessary to undertake an independent investigation of the complaints raised and thus urges the Government to discuss this matter with the trade unions most directly concerned so as to determine the most appropriate mechanisms and procedures to ensure effective protection against all types of anti-union discrimination and to keep it informed of the progress made in thoroughly reviewing the outstanding complaints and the results achieved.

Article 2. In its previous comments, the Committee requested the Government to transmit a copy of a letter sent to directors of enterprises explaining the norms set by current national legislation and international labour standards. In its reports, the Government indicates that the letter was sent to 47 national government bodies and other state-run establishments. These state bodies then took the necessary steps to ensure that the letter from the Ministry of Labour and Social Protection reached the actual enterprises within their system. The Government adds that the Ministry of Industry forwarded the letter to the establishments under its remit and held a meeting on the issue with management representatives at the largest industrial enterprises. The Government transmitted a copy of the letter and the minutes of meetings showing how the matter was studied at some 57 enterprises. Noting that the information provided by the Government reiterates that which was provided to the Committee on Freedom of Association (see 341st Report, paragraph 47), the Committee, like the Committee on Freedom of Association, asks the Government to pursue these instructions in a more systematic and accelerated manner so as to ensure that enterprise managers and directors do not interfere in the internal affairs of trade unions and that they will respect the autonomy of trade unions.