Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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. The Committee previously 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) which involve compulsory labour under sections 50(1) and 98(1) of the Criminal Enforcement Code. The Committee also noted 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 Code of Executive Procedure relating to 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 noted 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, including:

• -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; and
• -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 notes the Government’s repeated indication in its report that section 15 of the Law on mass events defines responsibility for the infringement of the established procedure for organizing and/or holding mass events, but not for participation in such events. The Government indicates that, according to section 18(8) of the Code of Executive Procedure relating to Administrative Offences, persons subject to administrative detention may be employed with their consent. The Committee also notes the Government’s information that, from 2014 to the first six months of 2016, no cases were brought before or examined by the courts under sections 193(1), 342, 367 and 369(2) of the Criminal Code. The Committee further observes the Report of the UN Special Rapporteur on the situation of human rights in Belarus of 21 April 2017 (A/HRC/35/40, paragraph 6) and the Report of the Committee on Political Affairs and Democracy of the Council of Europe of 6 June 2017 (Document 14333, paragraph 30) that law enforcement agents seem to avoid physical attacks and detention during the intervention in public activities and that the authorities act instead by dispensing administrative and financial penalties since 2016, despite the suppression of peaceful social protests in early 2017.

While taking due note of the change in practice in this regard, the Committee must express its concern at the unchanged laws that criminalize unregistered or unauthorized public activities, which may lead to penalties involving compulsory labour as a punishment for peaceful expression of views or of opposition to the established political, social and economic system. The Committee therefore 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 on any progress made in this respect.

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