Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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

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The Committee recalls that in its previous comments it had noted a number of concerns raised by the Belarus Congress of Democratic Trade Unions (BKDP) with regard to the application of the Convention, in law and in practice, referring to inadequate protection against acts of anti-union discrimination and interference, the system of collective bargaining and the work of the tripartite Council for the Improvement of Legislation in the Social and Labour Sphere (hereinafter, tripartite Council).

The Committee notes with deep regret that in its report, the Government once again merely reiterates the information it had previously provided and indicates that the legislation and practice are in compliance with the Convention.

The Committee observes with grave concern the dissolution of the BKDP and all of its affiliates and the effect it has had on the work of the national tripartite bodies, including the tripartite Council under the auspices of which General Agreements are signed and their implementation is monitored, and social dialogue at all levels. The Committee further deplores the continuing deterioration of freedom of association in the country, as described in detail in its comments on the application of Convention No. 87.

The Committee notes that in its Resolution concerning the measures recommended by the Governing Body under article 33 of the ILO Constitution on the subject of Belarus, adopted at the 111th Session (June 2023), the International Labour Conference decided to hold at its future sessions a special sitting of the Committee on the Application of Standards for the purpose of discussing the application of the Convention by the Government and the implementation of the recommendations of the Commission of Inquiry, so long as the Government has not been shown to have fulfilled its obligations.

The Committee once again urges the Government to engage with the ILO with a view to fully implement all outstanding recommendations of the ILO supervisory bodies without further delay.