Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in reply to its earlier comments.

1. In its previous direct request the Committee noted from the 302nd Report of the Committee on Freedom of Association (ILO, Official Bulletin, Vol. LXXIX, 1996, Series B, No. 1) that a complaint against the Government of Belarus had been presented by the International Confederation of Free Trade Unions (ICFTU), the World Confederation of Labour (WCL), the Free Trade Union of Belarus and the Belarussian Congress of Democratic Trade Unions (Case No. 1849). It noted from paragraph 177 of the Committee's report that, according to the ICFTU, the Mayor of Minsk was reported to have said in a meeting with 34 metro workers that the President of the Republic, Mr. Lukashenko, issued an order stating that metro workers dismissed in retaliation for striking must find employment for two months at a collective farm and receive a favourable recommendation before being considered for employment anywhere else.

The Government states in its reply that the above allegations are based on unproven facts. It also states that neither in 1995 nor later did the President of the Republic of Belarus issue such an order.

The Committee takes note of this information.

2. In its earlier comments the Committee noted the Government's statement to the effect that there was no legislation in the Republic of Belarus concerning discharge from service of various categories of members of the armed forces, and that this matter was regulated by the legislative provisions of the former USSR. It requested the Government to provide information on any new developments regarding the adoption of legislation on this subject by Belarus.

The Government indicates in its reply that such information is being summarized and will be supplied shortly.

The Committee reiterates its hope that, in the drafting of any new provisions in this field, statutory effect will be given to the freedom of career members of the armed forces to leave the service in time of peace on their own initiative after a reasonable period, either by giving notice or at specified intervals.

3. The Committee notes from the Government's report received in August 1997 that forced labour can be exacted only as a penal sanction for certain crimes under the Criminal Code, as well as in the form of participation in remunerated public works ordered by the bodies of the State Employment Service under Decree No. 7 of the President of the Republic of Belarus "On complementary measures to guarantee the employment of the population", of 17 March 1997. The Committee requests the Government to supply, with its next report, a copy of the above-mentioned Decree No. 7, as well as copies of updated texts of the Criminal Code and the Correctional Labour Code.