Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la abolición del trabajo forzoso, 1957 (núm. 105) - Belarús (Ratificación : 1995)

The Committee notes the observations of the Belarusian Congress of Democratic Trade Unions (BKDP), received on 31 August 2024 and 31 August 2025.

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 requested the Government to amend or repeal sections 339 (hooliganism), 342 (organization and preparation of actions that grossly violate public order, or active participation in such actions), 367 (libeling the President), 368 (insulting the President) and 3693 (public calls for the organization or holding of illegal assemblies, rallies, street marches, demonstrations or picketing, or involvement of persons in such mass events) of the Criminal Code 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 political, social or economic system.

The Committee notes that the Government, in its report, indicates that in Belarus, everyone has the right to freedom of association, to join trade unions and negotiate collective agreements. At the same time, no actions are allowed that could undermine the peaceful nature of a mass event or cause serious harm to citizens, society, or the State. The Government further indicates that the law sets out a specific procedure for organizing and conducting mass events. Failing to follow this procedure may lead to administrative or criminal penalties, depending on the seriousness of the unlawful act. The Government specifies that section 15 of the Act on Mass Events No. 114-Z of 1997 holds people liable not just for participating in mass events, but for violating the rules for organizing or holding such events.

The Government also indicates that criminal liability for actions covered by sections 339, 342, 367, 368, and 3693 of the Criminal Code applies only when specific crimes are committed, and due to the nature of these crimes, this is completely justified. The Government reiterates that there is no real connection between the crimes penalized under sections 339, 342, 367, 368, and 3693 of the Criminal Code and citizens peacefully expressing their political views or opinions that oppose the established political, social and economic system. The Government emphasizes that in Belarus, the Criminal Code is not used to prosecute or impose penalties on individuals peacefully exercising their legitimate right to freedom of speech.

The Committee notes the BKDP’s indications, in its observations that, as of August 2024, at least 800 people in Belarus have been sentenced to the penalty of restriction of liberty (involving compulsory labour) for exercising their freedom of expression and association, with 110 recognized as political prisoners by human rights organizations. Furthermore, at least 900 people have been sentenced to the penalty of imprisonment (involving compulsory labour) for exercising their freedom of expression and association, with 643 recognized as political prisoners by human rights organizations. The BKDP points out that persons convicted of exercising freedom of expression and association are subject to harsher working and living conditions at correctional institutions compared to other convicts. In particular, persons convicted of exercising freedom of expression and association must wear a yellow tag on their clothes, which distinguishes them from other convicts. They are assigned to more difficult, degrading, and low-paid work, are required to work overtime, and are denied opportunities to advance their professional rank, increase their wages, and receive other incentive measures. The BKDP further underlines the lack of independence of judges in Belarus and refers to the 2023 report of the Office of the United Nations (UN) High Commissioner for Human Rights indicating that violations of the rights to a fair trial and a fair hearing in both administrative and criminal proceedings continue to be widespread and systematic in Belarus following the protests of August 2020.

The Committee notes that, in his report of 22 July 2025, the UN Special Rapporteur on the situation of human rights in Belarus indicates that convicted persons deprived of liberty on political charges are forced to work longer hours and perform the hardest and most hazardous forms of labour. Labour is thus used as an afflictive punishment for their political views. Furthermore, the work on cleaning and improvement of correctional facilities and adjacent territories of up to 14 hours is systematically imposed on political prisoners, and is either unpaid or compensated with meagre payments (A/80/217. The Committee further notes that the UN Committee on the Elimination of Discrimination against Women, in its 2025 concluding observations, expressed its remaining grave concern about the continued imprisonment of women arrested in relation to human rights cases, including cases relating to the exercise of freedom of expression, association or assembly, or those arrested because of their affiliation with civil society organizations (CEDAW/C/BLR/CO/9). Furthermore, the Committee notes several opinions of the UN Working Group on Arbitrary Detention, which concluded that arrests and detention of journalists, human rights defenders, and civil activists resulted from the exercise of their right to freedom of expression or freedom of assembly (opinions Nos 4/2025, 3/2024, 54/2024, 45/2023 and 64/2023). The Committee also notes the communications of the UN independent human rights experts to the Government referring to the information on the alleged arbitrary arrests, detentions or deprivation of liberty of human rights defenders (the communications of 17 April 2025, 6 June 2024, and 15 December 2023).

The Committee observes from the aforementioned information, provided by several UN bodies, that various provisions of the Criminal Code serve as a basis for prosecuting and imprisoning journalists, bloggers, human rights defenders, and other individuals who have expressed critical opinions. The UN bodies particularly refer to the misuse of legislation countering terrorism and extremism, as well as related Criminal Code provisions, for the prosecution of persons exercising the rights to freedom of expression, assembly, and association, including sections 289 (acts of terrorism), 3611 (creation of an extremist group or participation therein), 3612 (financing of extremist activities), and 3614 (facilitation of extremist activity) of the Criminal Code. Other sections of the Criminal Code include, among others, sections 130 (incitement of racial, national, religious or other social hostility or discord), 339 (hooliganism), 342 (organization and preparation of actions that grossly violate public order, or active participation in such actions), 3691 (discrediting the Republic of Belarus), 361 (calls for restrictive measures (sanctions) or other actions aimed at harming the national security of the Republic of Belarus), and 368 (insulting the President).

The Committee deeply deplores the continued use of various provisions of the Criminal Code to prosecute and convict persons who express their political views or views ideologically opposed to the established political, social or economic system, which have led or may lead to the imposition of sanctions involving compulsory labour. The Committee further observes that sections 339, 342, 367, 368, and 3693 of the Criminal Code are worded in terms broad enough to lend themselves to an interpretation and application that could be incompatible with Article 1(a) of the Convention. The Committee recalls that the scope of the legislative provisions restricting the exercise of freedom of expression or other related civil liberties must be limited to effective and concrete threats to public order, or the use or threatened use of violence (see the Committee’s general observation of 2023 on the Convention).

The Committee once again strongly urges the Government to take immediate and effective measures to ensure that, both in law and practice, no one who, in a peaceful manner, expresses political views or opposes the established political, social or economic system, can be sentenced to sanctions under which compulsory labour is imposed. The Committee reiterates its request to the Government to amend or repeal sections 339, 342, 367, 368, and 3693 of the Criminal Code 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.

Article 1(b).Mobilising labour for purposes of economic development. The Committee observes from the Government’s report that the Council of Ministers of Belarus, in its annual ordinances, recommends public bodies and other organizations to hold voluntarily the republican “subbotnik”, which is usually a day during which workers may perform work, for example, to improve workplaces or other public territories (the Ordinances of the Council of Ministers No. 208 of 5 April 2022; No. 241 of 10 April 2023; and No. 277 of 12 April 2024). The Committee further notes the Government’s indication that any resident of Belarus can participate in “subbotniks” on a purely voluntary basis, without the menace of any penalty. Citizens are fully entitled to refuse to participate in “subbotniks”, including the option to transfer a portion of their earnings, which is also voluntary, and to express their views on the need to carry out their regular work on these days. The Government states that according to the National Statistics Committee, approximately 2.35 million people participated in the “subbotnik” voluntarily nationwide in 2024.

The Committee notes the BKDP’s observations that, while “subbotniks” are de jure carried out voluntarily according to the ordinances of the Council of Ministers, they are de facto mandatory for State bodies and other organizations under Government authority, local executive and administrative bodies, as well as state-owned enterprises. According to the BKDP, “subbotniks” are held on weekends and involve unpaid work, especially tasks like landscaping, cleaning, and improving public spaces or workplaces. In the case of “subbotniks” held at the workplace, workers must either perform tasks unrelated to their job responsibilities or transfer a sum of money to the employer, which will then be forwarded to the State budget. As indicated by the BKDP, while private enterprises generally do not participate in “subbotniks”, some large companies transfer agreed upon amounts of money to the State budget, particularly to buy the loyalty of government agencies. According to the BKDP, failing to participate in “subbotniks” often has consequences. In particular, workers fear showing disloyalty to the organization and the State, which can result in the non-renewal of their employment contract, the withholding of bonuses, or a decline in their relationship with their managers. The BKDP highlights another instance of forced labour governed by the State, which requires the compulsory participation of various population groups in harvesting. The BKDP also notes that, in many cases, workers lack training in safety procedures, work techniques, or proper personal protective equipment.

The Committee notes that the report of the UN Special Rapporteur on the situation of human rights in Belarus of 22 July 2025 indicates that public sector employers interpret refusal to participate in “subbotniks” as a refusal to perform work duties. Employees, therefore, agree to participate under threat of dismissal or make donations to avoid participating (A/80/217).

The Committee recalls that Article 1(b) of the Convention prohibits the use of forced or compulsory labour as a means of mobilizing and using labour for purposes of economic development. The Committee observes that the application in practice of provisions, orders or regulations allowing for the systematic transfer of workers for the performance of activities which are unrelated to their ordinary occupations (e.g. work performed at “subbotniks” or agricultural work, as indicated above) should be carefully examined to ensure that such practice would not turn into compulsory work. The Committee also observes that, although certain forms of compulsory work or service (such as work that is part of the normal civic obligations of citizens and minor communal services) are expressly excluded from the scope of the forced labour Conventions, these exceptions are limited to minor works or services performed in the direct interest of the population, and do not include work intended to benefit a wider group or work for purposes of economic development, which the present Convention explicitly prohibits.

The Committee therefore requests the Government to take the necessary measures to ensure that, in practice, workers’ participation in “subbotniks” is conducted strictly voluntarily, as determined by the legislative provisions and without the menace of any penalty. The Committee further requests the Government to continue to provide information on how “subbotniks” are conducted in practice, including the types of work performed and the number of people who participated.

Article 1(d). Sanctions involving compulsory labour as a punishment for participation in strikes. The Committee previously noted that sections 310(1) (intentional blocking of transport communications) and 342 (organization and preparation of actions that grossly violate public order, or active participation in such actions) of the Criminal Code are worded in broad terms and allow for sanctions involving compulsory labour, for peaceful participation in assemblies, meetings, street marches, demonstrations and picketing.

The Committee notes the Government’s statement that the 2020 protests were purely political events, entirely unrelated to the processes of social dialogue and the exercise of trade unions rights. The Government further states that the mood of the protests lacked any economic or social basis, and no demands were made to employers or the authorities regarding the regulation of labour and socio-economic relations. The Government emphasizes that all citizens and trade union members involved have been prosecuted for specific offences that are entirely unrelated to the lawful and peaceful exercise of trade union rights and liberties or peaceful participation in lawful strikes. The Government reiterates that section 13 of the Labour Code prohibits compulsory labour as a means of punishment for participation in strikes.

The Government further states that criminal liability for actions covered by sections 310(1) and 342 of the Criminal Code is only incurred as a result of specific crimes and is, given the nature of these crimes, fully justified. The Government emphasizes that citizens engaging peacefully in lawful strikes or other protests do not, in principle, commit socially dangerous acts punishable under the Criminal Code. According to the Government, the application of sections 310(1) and 342 of the Criminal Code is not relevant to implementing the Convention. The Committee notes the BKDP’s indication regarding unlawful detentions and prosecutions for exercising civil rights through peaceful assembly and expression by leaders and activists of the labour movement, as well as against independent trade unions. The BKDP highlights the practical impossibility of conducting strikes due to the unfeasible procedures for their execution.

The Committee further notes at its special sitting in 2025 to discuss the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), by Belarus and the implementation of the recommendations of the Commission of Inquiry, the Conference Committee on the Application of Standards (Conference Committee) expressed its deep concern and regret at the use of criminal sanctions against trade unionists engaged in legitimate trade union activities and the judicial harassment of trade union members, including arrests, prosecution and imprisonment. The Conference Committee urged in the strongest terms the Government to immediately release imprisoned trade unionists, drop any charges, and quash any convictions brought against them related to their legitimate trade union activities. The Committee also refers to its detailed comments on Convention No. 87, urging the Government to amend the national legislation which provides for restrictions on mass events and associated penalties.

The Committee once again notes with deep concern the information relating to the punishment of workers with sanctions involving compulsory labour for their peaceful participation in strikes. The Committee further recalls that Article 1(d) of the Convention prohibits the use of any form of compulsory labour as a punishment for having participated in a strike. The Committee strongly urges the Government to take the necessary measures to ensure, both in law and practice, that no sanctions involving compulsory labour can be imposed for the mere fact of peacefully participating in strikes. It reiterates its request to the Government to amend or repeal sections 310(1) and 342 of the Criminal Code by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence.