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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Belarus (Ratification: 1993)

The Committee notes the observations of the Belarusian Congress of Democratic Trade Unions (BKDP), received on 30 August 2019, 31 August 2023 and 31 August 2024. The Committee requests the Government to provide its comments in this regard.

Articles 1, 2 and 3(1) of the Convention. Adequate procedures. Election of representatives of employers’ and workers’ organizations. The Committee observes that the BKDP considers that the Government does not fulfil its obligations under the Convention. The BKDP argues that because of the legal impossibility of conducting activities in the country by independent trade unions, workers’ organizations cannot enjoy their right to freely elect their representatives for the purposes of the procedures to ensure tripartite consultations, as required by Article 3 of the Convention, and denounces the unlawful forced liquidation of all Belarusian independent trade unions, including the BKDP and its affiliates. The BKDP further alleges that the Tripartite Council for the Improvement of Legislation in the Social and Labour Sphere (the tripartite Council) and the National Council on Labour and Social Issues (NCLSI) do not ensure the holding of effective tripartite consultations, as the pro-governmental Federation of Trade Unions of Belarus (FPB) and its affiliates are the only organizations authorized by the national legislation to act as Workers’ representatives in such bodies. The BKDP claims that the FPB is not a representative organization within the meaning of Article 1 of the Convention. The BKDP adds that it is the Government that unilaterally decides to appoint the Workers’ representatives as participants in social dialogue, limiting the possibility of other workers affiliated with independent trade unions to participate in tripartite consultations. The BKDP therefore considers that all activities allegedly implemented by Belarus under the Convention do not comply with the criteria established in its provisions. In addition, the BKDP points out that there is no sufficient publicly available information on the content and the outcome of the work carried out by the tripartite Council and the NCLSI. The BKDP indicates that, according to the information on the agenda of the NCLSI meetings held between 2022 and 2024 – available on the website of the Ministry of Labour and Social Protection (MLSP) – none of the international labour standards related to matters listed in the Convention were discussed and no official minutes or information about the decisions adopted during such meetings were available. Regarding the meetings held during the reporting period in the tripartite Council, the BKDP stresses that there is only information available on the website of the MLSP about two meetings held on 26 May and 22 September 2023, where ILO related matters were discussed, including the implementation of the present Convention.

In this context, the Committee refers to its 2023 observation regarding the implementation of Convention No. 87, where it recalled its previous comments deploring the effect of the dissolution of the BKDP on the work of the NCLSI and the tripartite Council and questioning their legitimacy. In this regard, the Committee noted with deep concern the absence of any measures taken to review the situation of the dissolved trade unions so as to ensure that they may again function and fully participate in national tripartite bodies. The Committee also refers to the Follow-up to the resolution concerning the measures recommended by the Governing Body under article 33 of the ILO Constitution on the subject of Belarus (GB.352/INS/10(Rev.1)), where the Governing Body took note of the report of the Special Rapporteur on the situation of human rights in Belarus of 9 May 2024, which revealed a targeted eradication of all independent associations in Belarus since 2021. In this report’s conclusions and recommendations, the Special Rapporteur acknowledged the lack of independence of the FPB and recommended suspending its participation in the International Labour Conference. In this regard, the Committee notes the decision adopted by the Governing Body at its 352nd Session (28 October–7 November 2024), requesting the Director-General to bring to the attention of the Credentials Committee of the International Labour Conference at the 113th Session (2025), the information provided in document GB.352/INS/10(Rev.1) and the discussion in the Governing Body, so that it might take it into account in its monitoring of the nomination of the Workers’ delegation of Belarus as decided by the Conference at its 112th Session (2024) and in the examination of any new objection concerning the subject.

In light of the above, the Committee recalls that “[a]ccording to Article 3, paragraph 1, of the Convention, the representatives of employers and workers who participate in the consultation procedures must be freely chosen by their respective ‘representative organisations’, that is, in accordance with the definition given in Article 1, by the ‘most representative organisations of employers and workers enjoying the right of freedom of association’”. The Committee further recalls that it is “ … important that employers’ and workers’ organizations should enjoy freedom of association, without which there could be no effective system of tripartite consultation …, since employers and workers had to be able to state their views independently” (2000 General Survey on tripartite consultation, paragraphs 32 and 39). Referring to its 2023 observation under Convention No. 87 and in light of the fact thateffective tripartite consultations cannot be expected to take place within the tripartite bodies if one of the parties is not truly independent and hence not representative in the sense of Article 1 of the Convention, the Committee strongly urges the Government to take the necessary measures to review the situation of the dissolved trade unions so as to ensure that they may again function and fully participate in national tripartite bodies, including the NCLSI and the tripartite Council, and to provide information on the concrete steps taken to that end.

Article 5(1). Effective tripartite consultations. The Committee notes that the Government indicates that, between 2020 and 2022, tripartite consultations were carried out through written communications with the FPB and the Confederation of Industrialists and Entrepreneurs due to the COVID-19 pandemic, and in 2023, the tripartite Council resumed face-to-face work. The Committee further notes the Government’s indication that, following tripartite consultations between 2017 and 2019 within the tripartite Council and the NCLSI, the Holidays with Pay Convention (Revised), 1970 (No. 132) and the Safety and Health in Mines Convention, 1995 (No. 176) were ratified on 13 February 2020. The Government adds that tripartite consultations were also held with regard to the reports on the application of ratified Conventions and reports on unratified Conventions sent to the ILO between 2019 and 2023. The Committee observes, however, that the Government does not provide information regarding tripartite consultations held on all the matters related to international labour standards listed by Article 5(1) of the Convention, including government replies to questionnaires concerning items on the agenda of the ILC (Article 5(1)(a)); and the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)). Trusting that the Government will make every effort to ensure inclusive participation in the relevant tripartite bodies in the future,the Committee once again requests the Government to provide detailed information on the content and the outcome of tripartite consultations held on each of the matters related to international labour standards covered by Article 5(1) of the Convention.

[ The Government is asked to reply in full to the present comments in 202 5 .]