Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Russian Federation (Ratification: 1956)

Freedom of expression. In its previous observation, the Committee noted that the Committee on Freedom of Association (CFA) drew the Committee’s attention to the legislative aspects of Case No. 3313 [see 396th Report, October 2021, paragraphs 529–595] with regard to a situation where a union’s publications criticizing the State’s policy were declared as being contrary to the law and the union’s statutes, and requested the Government to indicate all steps taken to ensure that the right of trade unions to express opinions was duly protected. The Committee notes that the Government states that no legislative provisions prevent trade unions from expressing disagreement with state authorities on matters of economic and social policy, and that trade unions fully exercise this right, as evidenced by the debates taking place within the Russian Tripartite Commission for the regulation of social and labour issues (RTK). The Committee observes however that in Case No. 3313, the CFA noted that judicial decisions determined that the publication of two articles criticizing the State’s policies was incompatible with trade union activities as defined by the law and ordered the dissolution of the trade union which had issued them. The Committee reiterates its request that the Government take all steps to ensure that the right of trade unions to express opinions, including those criticizing the Government’s economic and social policies, is duly protected in law and in practice. The Committee once again requests the Government to provide information on all steps taken in this regard.

Foreign agents. The Committee also noted, with reference to CFA Case No. 3313, that: (i) under the Law on Non-Commercial Organizations, trade unions receiving funding from foreign sources were required to register as organizations performing the functions of a foreign agent, which entailed additional obligations under sections 24 (inspections) and 32 (restrictions on programme implementation); and (ii) the Code of Administrative Offenses imposed heavy penalties for failing to register as a non-commercial organization performing the functions of a foreign agent, or for distributing materials without indicating their origin as from such an organization. The Committee urged the Government to find an appropriate solution to ensure that the regulations on these organizations were compatible with the rights of trade unions and employers’ organizations under the Convention. The Committee notes the Government’s indication that: (i) the possibility for trade unions, as major public associations with significant influence and political involvement, to receive foreign funding has led to the imposition of restrictions due to their lack of oversight by and accountability to public authorities; (ii) trade union members and society in general have a right to know about overseas funding; and (iii) since the complaint was filed in Case No. 3313, no trade union has been designated as a foreign agent. In this regard, the Committee recalls once again that legislation which seriously hampers activities of a trade union or an employers’ organization on the grounds that they accept financial assistance from an international organization of workers or employers to which they are affiliated infringes the principles concerning the right to affiliate with international organizations. In this regard, the Committee has considered that it is difficult to reconcile the additional bureaucratic burdens imposed on trade unions receiving financial assistance from abroad, and the various hefty penalties that can be imposed, with the right of trade unions to organize their administration, to freely organize their activities and to formulate their programmes, as well as with the right to benefit from international affiliation. Taking due note of the Government’s indication that no trade union has been classified as a foreign agent since 2018, the Committee also recalls the need to ensure the conformity of the legislative provisions with the Convention, even if they are not applied in practice. The Committee urges the Government to take the necessary measures, in consultation with the social partners, to ensure that the regulations on non-commercial organizations performing the functions of a foreign agent are compatible with the rights of workers’ and employers’ organizations under the Convention. The Committee requests the Government to provide information on measures taken in this regard.

The Committee previously noted with utmost concern the entry into force in December 2022 of the Law on Control of Activities of Persons Under Foreign Influence, which defined foreign influence as a support (financial and/or other) provided by, among others, international and foreign organizations, and stipulated that non-compliance with the requirements of the law, which were more stringent than those described above, entailed dissolution. The Committee urged the Government to exclude trade unions and their organizations from the scope of the new Law. Noting with regret that the Government does not address this matter in its report, the Committee once again urges it to take all necessary steps to exclude trade unions and their organizations from the scope of application of the above-mentioned Law. The Committee requests the Government to provide information on all developments in this regard.

The Committee also noted with deep concern that the entry into force of the Law on Amendments to Certain Legislative Acts of the Russian Federation, which amended the Federal Law No. 54-FZ on Meetings, Rallies, Demonstrations, Marches and Pickets, not only restricted areas where a public event could take place to the extent that the organization of demonstrations, marches, or pickets could become virtually impossible, but also forbade the organization of such events by foreign agents. It requested the Government to provide information on these developments. The Committee notes that the Government limits itself to stating that the restrictions on the right of foreign agents to organize public events are based on national security considerations. Recalling that the right of trade unions to hold public meetings and demonstrations is an essential aspect of freedom of association, the Committee urges the Government to take the necessary measures to ensure the full recognition of this right, both in law and in practice, and in particular with respect to the amended Federal Law No. 54-FZ. The Committee requests the Government to provide information on all progress made in this regard.

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities. In its previous comments, the Committee requested the Government to review, in consultation with the social partners, various categories of the State and municipal civil service with a view to identifying those that may fall outside of the narrowly interpreted category of public servants exercising authority in the name of the State and whose right to strike should therefore be guaranteed. The Committee notes the Government’s indication that it was ready to consult with the social partners on possible improvements and consider any draft legislation proposed by them, but none was submitted, and that on the basis of section 21 of the Labour Code, federal civil servants and workers are allowed to associate and join trade unions in order to represent and protect their rights and interests. In this regard, the Committee recalls that strikes are essential means available to workers and their organizations to protect their interests, and that too broad a definition of the concept of civil servant may result in a very wide restriction or even a prohibition of the right to strike for these workers. The Committee once again reiterates its request and firmly expects that the above-mentioned review will be conducted shortly and will identify the categories of the State and municipal civil servants that may fall outside of the narrowly interpreted category of public servants exercising authority in the name of the State and whose right to strike should therefore be guaranteed. The Committee requests the Government to provide information on all progress made in this regard.

The Committee also previously requested the Government to amend section 26(2) of the Law on Federal Rail Transport so as to ensure the right to strike of railway workers. The Committee notes with regret that the Government merely reiterates that section 413 of the Labour Code provides that the right to strike may be restricted by federal law, and since temporary work stoppages by certain categories of railway workers may pose a threat to the defence of the country and state security, as well as human life and health, it is reasonable to restrict their right to strike. The Committee recalls once more that railway transport does not constitute an essential service in the strict sense of the term where strikes can be prohibited and that instead, a negotiated minimum service could be established in this public service of fundamental importance. The Committee once again reiterates its request and firmly expects the Government to take the necessary measures, in consultation with the social partners, to amend section 26(2) of the Law on Federal Rail Transport in order to bring it into full conformity with the Convention. The Committee requests the Government to provide information on any developments in this regard.