Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Bélarus (Ratification: 1995)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political views or views opposed to the established political, social or economic system. In its previous comments, the Committee noted that violations of the provisions governing the procedures for the organization or holding of assemblies, meetings, street marches, demonstrations and picketing, established by Law No. 114-3 of 30 December 2007 on mass activities, are punishable by sanctions of imprisonment or the limitation of freedom, for the “organization of group actions violating public order” (section 342 of the Criminal Code), or with an administrative arrest (section 23.34 of the Code on Administrative Offences). The Committee noted that sanctions of imprisonment or limitation of freedom, as provided for in section 342 of the Criminal Code, both involve compulsory labour (sections 50(1) and 98(1) of the Criminal Enforcement Code). The Committee expressed the hope that measures would be taken to amend section 342 of the Criminal Code in order to ensure that no penalties involving compulsory labour may be imposed for the expression of political views.

The Committee notes the Government’s repeated indication in its report that section 15 of the Law on mass activities makes punishable violations of the provisions governing the procedures for the organization or holding of assemblies, meetings, street marches, demonstrations and picketing, but not participation in such actions. The Committee recalls that since opinions and views ideologically opposed to the established system are often expressed in various kinds of meetings, certain restrictions and prohibitions affecting meetings and gatherings, including various procedural requirements restricting the organization and conduct of such events, may give rise to political coercion. In so far as such restrictions and prohibitions are enforceable by sanctions involving compulsory labour, they are incompatible with the Convention. In this regard, the Committee refers to the discussions in the Conference Committee on the Application of Standards (CAS) in June 2013, 2014 and 2015 concerning the application by the Government of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and observes that, in its June 2015 conclusions, the CAS took note of the comments made by the Committee of Experts concerning the obstacles to the right to participate in peaceful demonstrations under the Law on mass activities and expressed deep concern that, ten years after the report of the Commission of Inquiry, the Government has failed to take measures to address most of its recommendations. In this regard, the Committee notes that, as highlighted by the report submitted to the Governing Body in March 2014 by the direct contacts mission which visited the country in January 2014, the Government has still not given consideration to recommendation No. 10, which requested it to amend the Law on mass activities (GB.320/INS/7). The Committee notes the Government’s indication that since 2010 only one judicial sentence under section 342 of the Criminal Code has been imposed. However, the Committee emphasizes with deep concern that no measure has been taken or envisaged to amend section 342 of the Criminal Code to ensure that no penalties involving compulsory labour may be imposed for the expression of political views opposed to the established system. The Committee further notes the adoption of section 369(2) of the Criminal Code, under which a person sentenced to administrative arrest for violations of the provisions governing the procedure for the organization or holding of assemblies, meetings, street marches, demonstrations and picketing, as defined by the Law on mass activities (pursuant to section 18.8 of the Procedural-Executive Code of Administrative Offences), who commits the same violation within one year can now be sentenced to imprisonment for up to two years, involving compulsory labour.

The Committee further notes that several other provisions of the Criminal Code, which are enforceable with sanctions involving compulsory labour, are worded in terms broad enough to lend themselves to application as a means of punishment for the expression of views opposed to the established political, social or economic system. In this regard, the Committee draws the Government’s attention to the following provisions:

• -section 193(1) of the Criminal Code, which provides that persons participating in the activities of unregistered groups may be sentenced to imprisonment, involving compulsory labour;
• -section 339 of the Criminal Code, which criminalizes “hooliganism” and “malicious hooliganism” and provides for sanctions of limitation of freedom, deprivation of freedom or imprisonment, all involving compulsory labour;
• -sections 367 and 368 of the Criminal Code, which provide that persons “libelling the President” or “insulting the President” may be sentenced to limitation of freedom or imprisonment, both involving compulsory labour.

The Committee observes that various reports of the United Nations and the European Union state that the above sections of the Criminal Code are often used by the Government to discourage criticism. In this regard, the Committee notes with deep concern that the United Nations Committee against Torture (CAT) and the United Nations Special Rapporteur on the situation of human rights in Belarus, as well as the European Parliament in its resolution of 10 September 2015 on the situation in Belarus, have expressed deep concern at the numerous and consistent allegations of serious acts of intimidation, reprisals and threats against human rights defenders and journalists, as well as cases of arbitrary detention involving compulsory labour for apparently political motives, including on suspicion of “hooliganism” or “malicious hooliganism”, more particularly in the period immediately preceding important political or social events (CAT/C/BLR/CO/4, A/HRC/26/44, A/HRC/29/43 and P8_TA-PROV(2015)0319). While taking due note of the release of six political prisoners on 22 August 2015, the Committee notes that the Government did not support any of the recommendations made in the framework of the Universal Periodic Review on 13 July 2015 concerning the review of cases of detention of individuals found to be deprived of their liberty for reasons which might be associated with the peaceful exercise of human rights and freedoms (A/HRC/30/3).

Noting that in Resolution 29/17 on the situation of human rights in Belarus, adopted on 26 June 2015, the Human Rights Council strongly urged the Government to put an immediate end to the arbitrary arrest, detention and harassment of human rights defenders, political opponents and journalists (A/HRC/RES/29/17), the Committee draws the Government’s attention to the fact that legal guarantees of rights to freedom of thought and expression, freedom of peaceful assembly, freedom of association, as well as freedom from arbitrary arrest, constitute an important safeguard against the imposition of forced or compulsory labour as a punishment for holding or expressing political or ideological views, or as a means of political coercion or education (2012 General Survey on the fundamental Conventions, paragraph 302). The Committee strongly urges the Government to amend or repeal the penal provisions referred to above (sections 193(1), 339, 342, 367, 368 and 369(2) of the Criminal Code), in order to ensure that no penalties involving compulsory labour may be imposed for the peaceful expression of political views or views ideologically opposed to the established system, for example by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. The Committee requests the Government to provide information in its next report on any progress made in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2016.]