Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Bélarus (Ratification: 1956)

The Committee takes note of the observations of the Belarus Congress of Democratic Trade Unions (BKDP), received on 31 August and 15 September 2024, and of the International Organisation of Employers (IOE), received on 31 August 2024, referring to matters addressed in this comment.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 112th Session, June 2024)

Follow-up to the recommendations of the Commission of Inquiry appointed under article 26 of the Constitution of the ILO

The Committee recalls that in its June 2023 resolution concerning the measures recommended by the Governing Body under article 33 of the ILO Constitution on the subject of Belarus, the Conference urged the Government of Belarus to receive as a matter of urgency an ILO tripartite mission with a view to gathering information on the implementation of the recommendations of the Commission of Inquiry and subsequent recommendations of the supervisory bodies of the ILO, including a visit to the independent trade union leaders and activists in prison or detention. The International Labour Conference decided to hold at its future sessions a special sitting of the Committee on the Application of Standards (Conference Committee) 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 takes note of the conclusions adopted by the Conference Committee in June 2024 following the discussion on the application of Conventions Nos 87 and 98. The Conference Committee noted with deep concern the persistent disregard of the guidance, conclusions and recommendations of the Commission of Inquiry, the supervisory bodies and the Governing Body by the Government of Belarus and refusal to accept and implement them. It further 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. It deplored the repression against independent trade unions and the imprisonment of trade unionists and urged the Government to immediately release them, drop any charges and quash any convictions brought against them. It recalled that this case had been discussed repeatedly in the Committee before the appointment of a Commission of Inquiry, and deeply deplored the lack of progress towards the observance of the Conventions by the Government of Belarus. The Conference Committee deeply deplored the climate of state violence, intimidation and fear in Belarus which is not conducive to the free exercise of civil liberties; the continuing deterioration of freedom of association and the right to collective bargaining; and the erosion of the rule of law exemplified by the complete lack of independence of the judiciary. It took note of the March 2024 Governing Body action plan to implement the 2023 resolution and the High-Level Roundtable to discuss freedom of association in Belarus, which took place on 28 May 2024 and evidenced the persistent general climate of non-respect for basic civil liberties necessary to the exercise of freedom of association. The Conference Committee called on the Government to take all possible measures with the greatest urgency to implement the recommendations of the Commission of Inquiry and all subsequent observations made by the supervisory bodies of the ILO regarding compliance with the Conventions. It also requested the Government with the utmost urgency to accept an international humanitarian mission to ensure that independent doctors can visit all imprisoned trade unionists to assess their health and offer medical assistance, as necessary; and an ILO tripartite mission to assess the situation and visit trade unionists that are currently in prison or detention. The Conference Committee decided to include the discussions and conclusions of the special sitting in a separate part of its report.

At the outset, the Committee notes with deep regret that the Government indicates that since its 2023 report, there have been no significant changes in law and practice that would affect the application of the Convention and once again merely reiterates the information it had previously provided and considers that the Committee misunderstands and misinterprets the situation on the ground.

Civil liberties and trade union rights. The Committee recalls that it urged the Government to immediately release all trade union leaders and members arrested for participating in peaceful assemblies or for exercising their civil liberties pursuant to their legitimate trade union activities, and to drop all related charges. The Committee also urged the Government to receive without further delay an ILO tripartite mission with a view to gathering information on the implementation of the recommendations of the Commission of Inquiry and subsequent recommendations of the supervisory bodies of the ILO, including a visit to the independent trade union leaders and activists in prison or detention.

The Committee notes the Government’s indication that it had repeatedly drawn attention to the lack of grounds and outright absurdity of allegations that the country’s trade unions and citizens were persecuted for carrying out trade union activities and legally and peacefully exercising civil rights and liberties. According to the Government, the ILO is being misled by the complaints of politically motivated individuals and organizations, and therefore continues to erroneously assume that the 2020 protests were motivated by economic and social considerations, were lawful and peaceful, and were directed at protecting civil and trade union rights and liberties. The Government insists that purely political events, unrelated to the processes of social dialogue in the workplace and the exercise of trade union rights, should not serve as a basis for assessing compliance with the Convention and should not be considered when monitoring the implementation thereof. The 2020 protests were artificially encouraged by outside forces, were unlawful and were intended to seize power by unconstitutional means. The protestors’ demands (the resignation of the Head of State, fresh elections, exoneration of law breakers) had nothing to do with the protection of citizens’ labour, social and economic interests or the tasks that trade unions are bound to perform. The Government considers that the authors of the complaints deliberately brought political issues to the ILO in order to discredit Belarus internationally, justify unprecedented unilateral restrictive measures against the country, escalate political pressure on the legitimate authorities and launch another wave of sanctions based on ILO decisions. The Government reiterates that all citizens and trade unions referred to in the complaints and comments of the ILO supervisory bodies had been prosecuted for specific unlawful acts not connected with the lawful and peaceful exercise of trade union rights and freedoms. The Government points out that it had already commented on several occasions on the reasons for their prosecution. These individuals have been prosecuted for crimes such as gross violation of public order resulting in disruption to transport and enterprises; violence against internal affairs officers; calls for action to harm national security; incitement to ethnic or social enmity and discord on the grounds of ethnic and social affiliation; facilitation of extremist activities; defamation; and damage to property in public places. Several of these individuals were members of the foreign-funded extremist formation Rabochy Rukh (Workers’ Movement), whose principal aim is to involve employees of state-owned industrial enterprises in radical political activity so as to obtain inside information on their operations, stop the production process and strengthen sanctions against Belarus. In addition to committing extremist crimes, the members of this formation engaged in illegally gathering and passing on restricted inside information about Belarusian economic entities to foreign states, foreign organizations and their representatives. Thus, the Government indicates, all calls for the dismissal of all charges against these individuals and their immediate release had no objective legal basis. The review of sentences, interaction with the convicted persons and their release from custody falls within the exclusive competence of law enforcement agencies and courts, interference in the activities of which is inadmissible and entails liability in accordance with the law. The Government recalls that the activities of the BKDP and its member organizations were terminated by the Supreme Court decisions on the basis that they contradicted the national Constitution and other legislation, and caused harm to the State or public interests. The Government reiterates that national legislation does not allow copies of court and other documents to be provided to parties who are not involved with the proceedings. This practice is dictated by legal provisions aiming to ensure protection of individuals’ personal data and their rights and freedoms when their personal data is processed. Furthermore, since the individuals in question were not prosecuted in connection with their trade union activities or their exercise of other legal rights and freedoms guaranteed by Conventions Nos 87 and 98, the Government believes that the Committee’s requests for copies of court decisions go beyond the obligations assumed by Belarus under these Conventions and are excessive.

With regard to the calls by the Committee and other ILO bodies for a tripartite ILO mission to visit Belarus to gather information on the implementation of the recommendations of the Commission of Inquiry and the subsequent recommendations of the ILO supervisory bodies, including visits to individuals who are imprisoned or detained, the Government indicates that in the context of the utterly discriminatory and blatantly politicized decision on Belarus taken at the instigation of Western countries during the 111th Session of the International Labour Conference in June 2023 with the aim of widening the unlawful pressure on the Belarusian State, currently, there is no political or practical reason for organizing a mission to the country (which would very probably also be used to escalate illegitimate pressure).

The Committee notes the BKDP indication that as of 14 September 2024, more than 50 trade union and labour leaders and activists were under criminal persecution, that is, were either imprisoned/imposed a penalty of restriction of freedom or were released but not exonerated. The BKDP reiterates, with respect to the latter category of persecuted individuals, that the national legislation provides for a system of restrictions on the rights of those who have served their sentences (for example prohibition from leaving the country, the city, or even apartment without police permission; recorded video checks several times a day and even at night; the obligation to appear at the police station for preventive measures in the form of talks and collective watching of patriotic pro-government films; ban on specific professional activities, including public service positions and educational activities; ban on organizing mass events for two to five years after serving the sentence; bank accounts controlled by special services can be frozen). The BKDP further indicates that the Government approved lists of “extremists” and “terrorists” that included all those released activists and that it can take up to five years to be removed from the “terrorist” list, and up to ten years from the “extremist” list. The BKDP provides a list of 32 trade union and labour leaders and activists imprisoned (including Mr Aliaksandr Yarashuk, the BKDP Chairperson and member of the ILO Governing Body) or whose freedom of movement was otherwise restricted, and a list of 28 trade union and labour leaders and activists released, but not exonerated.

The BKDP provides further information on the situation of the following prosecuted trade unionists:

• Mr Leonid Soudalenko (activist of the Belarusian Union of Radio and Electronics Workers (REP), labour lawyer): was sentenced in absentia by a judge of the Gomel Regional Court on 18 June 2024 to five years of imprisonment and a fine of 26,000 Belarusian rubles (approximately €7,700) under sections of the Criminal Code on “facilitating extremist activities”. Due to well-founded fears of persecution after serving his previous three-year sentence in July 2023, Mr Soudalenko was forced to flee Belarus and therefore cannot exercise his right to defence. His rights to a defence and fair trial were substantially violated during this process, including due to the fact that the defence attorney appointed by the State refused to provide him with the requested procedural documents, including the decision to initiate the case and a copy of the verdict. Mr Soudalenko filed applications with the Gomel Regional Prosecutor’s Office and the Gomel Regional Investigative Committee to initiate a criminal case against the attorney under section 204 of the Criminal Code “refusal to provide information to a citizen”. He also appealed the verdict; the hearing was scheduled for 17 September 2024.
• Ms Volha Brytsikava (leader of the Belarus Independent Trade Union (BNP)): on 11 June 2024, the Supreme Court judicial panel rejected her appeal against her sentencing to three years of imprisonment under section 130(1) of the Criminal Code “inciting racial, national, religious or other social hatred or discord”. The proceedings were held in a closed session. On 28 June 2024, the Ministry of Internal Affairs put Ms Brytsikava on the “extremists” list. On 20 August 2024, another closed trial was held to examine three new charges under the following sections of the Criminal Code: 361(3) “calls for restrictive measures (sanctions) and other actions aimed at harming the national security of the Republic of Belarus”, punishable by up to six years of imprisonment, with or without a fine; 130(1) “incitement of racial, national, religious or other social hostility or enmity”, punishable by up to five years of imprisonment; and 361-4(1) “facilitating extremist activities”, punishable by up to six years of imprisonment, with or without a fine. Currently, she cannot receive money transfers.
• Ms Palina Sharenda-Panasiuk (REP activist who was sentenced to one year of imprisonment under the following sections of the Criminal Code: 411(2) “malicious disobedience to the requirements of the administration of a correctional institution executing a sentence of imprisonment” on 10 September 2023, and 364 “violence or threat of violence against an internal affairs officer”, 369 “insulting a representative of authority”, 368 “insulting the President of the Republic of Belarus” on 9 June 2021): in early July 2024, Ms Sharenda-Panasiuk was transferred to the Minsk Republican Scientific and Practical Center for Mental Health for a psychiatric examination. This was her fourth examination. In July 2024, her relatives received a communication from the Committee on the Elimination of Discrimination against Women (CEDAW) stating that the activist was diagnosed with “moderate chronic pancreatitis”, a dangerous disease, the treatment of which was complicated in prison conditions. It would appear that since 14 September 2024, Ms Sharenda-Panasiuk was in Gomel Pretrial Detention Center although for a long time, the family did not know where she was; on 10 September 2024, she was placed in a punishment cell.
• Mr Siarhei Shelest (member of Rabochy Rukh and BNP Naftan activist who was sentenced to 14 years of imprisonment on 17 February 2023 under the following sections of the Criminal Code: 188 “defamation”, 356(1) “treason against the State”, 361-1(3) “creation of an extremist formation or participation in it”): the administration of the Penal Colony No. 2 in Babruysk artificially created situations where Mr Shelest was subject to disciplinary sanctions. On 1 May 2024, he was placed in cell-type premises, which, according to the BKDP has more severe restrictions on rights than punishment cells.

The BKDP further alleges that in cooperation with the management of certain enterprises, mass detentions of workers took place during their working hours in May–August 2024. Workers were arrested, convicted and sentenced to 15 days of administrative arrest under section 19.11 of the Code on Administrative Offences “distribution, production, storage, transportation of information products containing calls for extremist activities or promoting such activities”. Some were later fired from their respective workplaces. In addition, two activists of the Free Belarusian Trade Union (SPB) were arbitrarily detained by the Department of Financial Investigations for making donations to victims of human rights violations through the initiative ByHelp. They were threatened with criminal prosecution under section 361-2 of the Criminal Code “financing extremist activities”. The condition for their release was the payment of US$500 and US$1,000 to the State Institution “Republican Center for the Organization of Medical Response”. The BKDP provides details on the Government’s inclusion of materials of independent trade unions, their leaders and activists of the labour movement in the lists of “extremist” materials, which restricted workers’ rights to access information to coordinate their joint actions. The distribution (including through websites, social networks and so on), public display of extremist materials, their production, publication, storage and transportation for the purpose of distribution are prohibited. The legal consequences of recognition as “extremist” materials is their ban on the territory of Belarus and the basis for bringing to administrative responsibility under section 19.11 of the Code on Administrative Offences which carries a possible sentence of an administrative arrest of up to 30 days. The BKDP indicates in this regard that on 15 July 2024, information materials of the BNP at the Belaruskali 1st Mine were recognized by the Salihorsk District Court of Minsk region as extremist.

The Committee notes with deep concern the information communicated by the BKDP regarding the list of 47 trade union leaders and activists currently detained or whose freedom of movement is restricted. The Committee also notes with deep concern the information provided by the BKDP and the International Trade Union Confederation (ITUC) to the Governing Body at its 352nd Session, indicating that violations of freedom of associations and civil liberties have not only not been addressed but have worsened due to the State campaign of persecution of leaders and activists of the workers’ movement. It is now impossible for independent trade unions and their members to carry out their activities in Belarus. Anyone who associated himself or herself with independent trade unions and participated in their activities is subject to criminal liability punishable, under the Criminal Code, by restriction of freedom or imprisonment for a term of up to ten years. The recent pardons of some political prisoners and prisoners of conscience by Mr Lukashenko (in July, August and September 2024) cannot be considered as actions to restore the rights violated by the State as a mandatory condition for pardon is admission of guilt of committing the crime.

The Committee once again deplores the Government’s unwillingness to take steps for the release of the detained trade union leaders and members. The Committee further once again deplores that on the one hand the Government reiterates that trade unionists had been prosecuted for specific unlawful acts not connected with the lawful and peaceful exercise of trade union rights and freedoms and, on the other, it fails to provide a copy of the judicial decisions as previously requested by the Committee. The Committee emphasizes that the right to a fair and public hearing implies the right for the judgment or decision to be made public and that the publicizing of decisions is an important safeguard in the interest of the individual and of society at large. The very essence of judicial procedure is that its results are known, and confidence in its impartiality rests on their being known. The Committee recalls that the absence of guarantees of due process of law may lead to abuses and may also create a climate of insecurity and fear which may affect the exercise of trade union rights. The Committee requests the Government to take all necessary steps, including legislative, if necessary, to ensure the right to a fair trial. Further in this respect, the Committee, with reference to the recommendations of the Commission of Inquiry, stresses the need to ensure impartial and independent judiciary and justice administration in general, in order to guarantee that investigations into these grave allegations are truly independent, neutral, objective and impartial. Accordingly, the Committee also renews its request that the Government take steps, including by legislation, if necessary, to supply copies of the relevant court decisions upholding detention and imprisonment of workers and trade unionists.

The Committee further once again recalls that for a number of years the ILO supervisory bodies, including this Committee, have been drawing the Government’s attention to the International Labour Conference 1970 resolution concerning trade union rights and their relation to civil liberties, which emphasizes that the rights conferred upon workers’ and employers’ organizations must be based on respect for civil liberties, as their absence removes all meaning from the concept of trade union rights. With reference to its previous comments and the 406th Report (March 2024) of the Committee on Freedom of Association (CFA) on Measures taken by the Government of the Republic of Belarus to implement the recommendations of the Commission of Inquiry, the Committee considers that the failure of the Government to acknowledge, address and redress very serious allegations of violation of civil liberties; or to act on the repeated specific requests of the ILO supervisory bodies, including those made by this Committee; or to provide information beyond that which had been already examined by this Committee, as well as by other ILO supervisory bodies and the Governing Body, together reinforces the reality of wilful Government non-compliance with its obligations stemming from its membership in the Organization. In these circumstances, the Committee firmly urges the Government to immediately release all trade union leaders and members arrested for participating in peaceful assemblies or for exercising their civil liberties pursuant to their legitimate trade union activities, and to drop all related charges. The Committee requests the Government to provide detailed reply to all allegations outlined above. With reference to the Conference Committee conclusions and the decision of the Governing Body at its 352nd Session, the Committee requests the Government with the utmost urgency to accept: (i) an international humanitarian mission to ensure that independent doctors can visit all imprisoned trade unionists to assess their health and offer medical assistance, as necessary; and (ii) an ILO tripartite mission to assess the situation and visit trade unionists that are currently in prison or detention.

Application of the Convention. The Committee recalls that the outstanding issues of the application of the Convention relate to the following concerns, all of which were raised by the Commission of Inquiry: (1) right to establish workers’ organizations, which includes the issue of legal address and the right, in practice, to form trade unions outside the Federation of Trade Unions of Belarus (FPB); (2) the right of workers’ organizations to receive and use foreign gratuitous aid (funding obtained from abroad); (3) the right, in law and in practice, to demonstrate and hold mass events; (4) the right to strike; (5) consultation with organizations of workers and employers; and (6) labour disputes resolution system. The Committee observes with deep regret the absence of information on the concrete measures taken by the Government to give effect to the Committee’s previous requests aimed at addressing these concerns. Instead, the Government merely reiterates the information it has previously provided and points to a lack of contradiction between national law and practice and the Convention. The Committee is therefore bound once again to urge that the Government take measures to amend without further delay Decree No. 3 (on receiving and using foreign gratuitous aid), the Law on Mass Activities and the accompanying Regulation, as well as section 342-2, 369, 369-1 and 369-3 of the Criminal Code providing for restrictions on mass events and associated penalties, in order to bring them into compliance with the Government’s international obligations regarding freedom of association. It also once again urges the Government to take measures to revise sections 388(1), (3) and (4), 390, 392 and 393 of the Labour Code restricting the right to strike; as well as section 42(7), which expressly allows an employer to dismiss or terminate a labour contract with a worker who is absent from work in connection with serving an administrative penalty in the form of an administrative arrest; a worker who forces other workers to participate in a strike or calls on other workers to stop performing work duties without sound reason; or a worker who participates in an illegal strike or other forms of withholding labour without sound reasons. The Committee expects the Government to provide information on all new and concrete steps taken in this regard.

In its previous comment, the Committee deplored the effect of the dissolution of the BKDP on the work of the National Council on Labour and Social Issues (NCLSI) and of the tripartite Council for the Improvement of Legislation in the Social and Labour Sphere (the tripartite Council). In this respect, the Committee noted that with the dissolution of the BKDP, the only representation of workers’ voice in these structures was now the FPB, which enjoyed the publicly expressed support from State authorities at the highest level, and whose independence from the authorities was questionable. In these circumstances, the Committee questioned the continuing legitimacy of the NCLSI and the tripartite Council. Considering that the development of free and independent organizations and their involvement in social dialogue is indispensable to enable a government to confront its social and economic problems and resolve them in the best interests of the workers and the nation, the Committee urged the Government to take steps to review the situation of the dissolved trade unions in this light so as to ensure that they may again function. The Committee notes with deep concern the Government’s indication that the BKDP and trade unions that were part of it have no legal existence in Belarus and 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 reiterates in the strongest terms its previous requests and expects the Government to indicate concrete steps taken to that end.

While noting the information provided by the Government on the FPB being the only national trade union centre, the Committee notes the 2024 report of the Special Rapporteur on the situation of human rights in Belarus, which provided an overview of major concerns regarding human rights in Belarus between 1 April 2023 and 31 March 2024 and focused on the right to freedom of association, revealing a targeted eradication of all independent associations in Belarus since 2021, which affected civil society organizations and initiatives, including trade unions. In its conclusions and recommendations, “[a]cknowledging the lack of independence of the FPB, the Special Rapporteur recommend[ed] suspending its participation in the International Labour Conference”. The Committee also notes the BKDP indication that the FPB continued to demonstrate strong affiliation with the Government and lack of independence. Events of an ideological and propaganda nature were regularly held at Belarusian enterprises with the participation of the management, leaders of the FPB-affiliated trade unions, Government officials and law enforcement officers. According to the BKDP and the ITUC, the FPB trade unions had recently held a “celebration” of the 30th anniversary of Alexander Lukashenko’s tenure in power; one of its unions, “Belkhimprofsoyuz” conducted excursions to Lukashenko’s places of birth and life before becoming the President. The Committee notes that the ILO Governing Body requested the Director-General to bring to the attention of the Credentials Committee of the International Labour Conference at the 113th Session, the information noted and discussed by the Governing Body at its 352nd Session (October–November 2024), 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.

The Committee previously noted that Law No. 225-Z of 12 December 2022 on employers’ associations provided for the notion of a “confederation of employers of the Republic of Belarus”, defined as the most representative employers’ organization. The Committee observed that two employers’ organizations were members of the tripartite Council and were signatories of the General Agreement and requested the Government to indicate the impact of the certification of one employers’ organization as confederation under the Law on the membership of the tripartite Council. The Committee notes the Government’s indication that according to the Law, an “Employers’ Confederation of the Republic of Belarus”, as the most representative national employers’ association, is to coordinate the activities of employers’ associations within the social partnership system. A national employers’ association to which more than half of the national employers’ associations operating in Belarus belong, is to be recognized as the Employers’ Confederation of the Republic of Belarus. The Government informs that Resolution No. 29 of the Ministry of Labour and Social Protection of 29 August 2023 was adopted in implementation of the Law. The Resolution sets out, among others, instructions on the arrangements for adopting a decision to recognize a national employers’ association as an Employers’ Confederation of the Republic of Belarus. The Government indicates that at present, both the Confederation of Industrialists and Entrepreneurs (Employers) and the Professor M.S. Kuniavsky Business Union of Entrepreneurs and Employers are included in the register of employers’ associations as national associations. No decision to recognize any national employers’ association as the Employers’ Confederation of the Republic of Belarus has yet been taken. Both national employers’ associations are represented on the NCLSI and the tripartite Council and play an active role in drafting the new General Agreement between the Government and national employers’ and trade union associations for 2025–27, although only the most representative association is entitled to sign an agreement, which currently is the Confederation of Industrialists and Entrepreneurs (Employers). The Committee requests the Government to provide a copy of the above-mentioned Resolution No. 29 of 29 August 2023 and to inform it of any decision on certification of an association as an Employers’ Confederation.

The Committee deplores the total lack of progress in implementing the recommendations of the 2004 Commission of Inquiry and in addressing the outstanding recommendations of the ILO supervisory bodies, and similarly deplores the continuing deterioration of freedom of association in the country. The Committee once again urges the Government to engage with the ILO with a view to fully implementing all outstanding recommendations of the ILO supervisory bodies without further delay.

The Committee notes that the Conference Committee expected that the ILO Director-General would appoint a special envoy to: (1) oversee all activities relevant to ensuring the prompt and effective implementation of the recommendations of the Commission of Inquiry and to that end, engage with all the relevant stakeholders, including the Government and UN agencies; and (2) systematically and regularly report to the Governing Body on the work he or she has conducted with a view to ensuring the implementation of the Conference resolution. While noting that the Government has not yet expressed its willingness to cooperate in this regard, the Committee encourages the Government to cooperate with the special envoy towards the implementation of the recommendations of ILO supervisory bodies as it firmly believes that a concerted effort on the part of the Government in this respect will be beneficial to Belarussian society as a whole.