Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Forced Labour Convention, 1930 (No. 29) - Belarus (Ratification: 1956)

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 2(2)(c) of the Convention. Compulsory labour imposed by the national legislation on certain categories of workers and persons. The Committee notes with regret that, since its last comment on the application of the Convention by the Government, several new provisions have been introduced into the national legislation, the application of which could lead to situations amounting to forced labour, and are thus incompatible with the obligation to supress the use of forced or compulsory labour in all its forms, as required by the Convention. In particular, the Committee draws the Government’s attention to the following provisions which have been introduced into its national legislation.

1. Compulsory labour imposed on workers in the wood processing industry. The Committee notes the adoption of Presidential Decree No. 9 of 7 December 2012 on additional measures for the development of the wood industry, and more particularly section 1.2 which provides that an employee can only terminate his or her contract with the consent of the employer. As highlighted by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) in its concluding observations of December 2013, Presidential Decree No. 9 effectively takes away the right of workers in the wood processing industry to freely leave their jobs under the penalty of either having to pay back their benefits or to continue working until the required amount has been withdrawn from their salaries (E/C.12/BLR/CO/4-6). The Committee recalls that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of parties into service by compulsion of law, and is thus incompatible with the Convention (2007 General Survey, Eradication of forced labour, paragraph 96).

2. Compulsory labour imposed on persons in socially vulnerable situations.

-Persons who have worked fewer than 183 days the previous year. The Committee notes the adoption of Presidential Decree No. 3 of 2 April 2015 on the prevention of dependency on social aid, which provides that citizens of Belarus, foreign citizens and stateless persons permanently residing in Belarus who have not worked for at least 183 days in the last year, and thus have not paid labour taxes for the same period, are required to pay a special levy to finance government expenditure. Non-payment or partial payment of such a levy entails administrative liability in the form of a fine or administrative arrest with compulsory community service (sections 1, 4 and 14 of the Decree). The Committee notes that, in its observations on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), received on 31 August 2015, the Belarusian Congress of Democratic Trade Unions (BKDP) expressed concern at the use of compulsory community service in that regard. The Committee further notes that the United Nations Special Rapporteur on the situation of human rights in Belarus, in his report of April 2015, expressed concern about the impact of such a scheme on vulnerable persons in society and its contravention of international labour standards, which may lead to a further deterioration in employment conditions and to forced labour (A/HRC/29/43).
-Persons interned in “medical labour centres”. The Committee notes the adoption of Law No. 104-3 of 4 January 2010 on the procedures and modalities for the transfer of citizens to medical labour centres and the conditions of their stay, which provides that citizens suffering from chronic alcoholism, drug addiction or substance abuse who have faced administrative charges for committing administrative violations under the influence of alcohol, narcotics and psychotropic, toxic or other intoxicating substances may be sent to medical labour centres as a result of a petition filed in a court of law by the head of internal affairs (sections 4–7 of the Law). Such persons are interned in medical labour centres for a period of 12 to 18 months and have an obligation to work, and refusing to work results in punishment, such as solitary confinement, for up to ten days (sections 8, 18, 47 and 52 of the Law). The Committee notes that the CESCR, in its concluding observations of December 2013, expressed its concern that persons interned in so-called “medical labour centres” are subjected to compulsory labour and urged the Government to abolish compulsory labour for these categories of persons and ensure that their right to freely chosen or accepted work and to just and favourable conditions of work are fully respected in practice (E/C.12/BLR/CO/4-6).
-Parents whose children have been removed. The Committee notes that Presidential Decree No. 18 of 24 November 2006 on supplementary measures for state protection of children from “dysfunctional families” authorizes the removal of children whose parents are leading “an immoral way of life”, or are chronic alcoholics or drug addicts, or in some other way unable to properly perform their obligations to raise and maintain children. Such parents who are unemployed or who are working but are unable to pay full compensation to the State for the maintenance of children in state childcare facilities are subject to a court ruling on employment, with an obligation to work (section 9.27 of the Code on Administrative Offences and section 18.8 of the Procedural Executive Code of Administrative Offences). Such a court ruling is a ground for dismissal of the person concerned from her or his previous place of work (section 44(5) of the Labour Code). Parents who avoid such work may be held criminally responsible, pursuant to section 174(2) and (3) of the Criminal Code, and shall be punishable by community service or corrective labour for a period of up to two years, imprisonment for up to three years, as well as restrictions or deprivation of freedom, all involving compulsory labour. The Committee notes that the CESCR, in its concluding observations of December 2013, expressed its concern that a large number of children from socially vulnerable families are deprived of their family environment after parents have had their parental rights removed and that these parents are subjected to compulsory labour as a punitive measure, while having 70 per cent of their wages retained to compensate the child-rearing expenses incurred by the State (E/C.12/BLR/CO/4-6).

The Committee further notes that in Resolution 29/17 on the situation of human rights in Belarus, adopted on 26 June 2015, the United Nations Human Rights Council expressed deep concern at the continuing violations of human rights in Belarus, which are of a systemic and systematic nature, as well as the violations of labour rights amounting to forced labour (A/HRC/29/L.12). The Committee also notes the report of the United Nations Special Rapporteur of April 2015 referred to above, which indicates that the legal and administrative environment for the enjoyment of human rights has further deteriorated, in particular with regard to just and favourable conditions of work and the freedom to choose the workplace, and recommended that the Government amend or repeal legislation not in conformity with international labour standards in order to abolish forced labour and involuntary labour (A/HRC/29/43). Finally, the Committee notes the European Parliament Resolution of 10 September 2015 on the situation in Belarus, in which it calls on the Government of Belarus to respect the recommendations of the CESCR on the abolition of elements of forced labour in the country (P8_TA-PROV(2015)0319). The Committee notes with deep concern these violations of human and labour rights amounting to forced labour in Belarus. Noting the report of the United Nations Working Group on the Universal Periodic Review of 13 July 2015, according to which the Government has supported the recommendation to follow-up on the recommendations of the CESCR regarding the elimination of all forms of forced labour (A/HRC/30/3), the Committee urges the Government to take all the necessary measures to repeal or amend the provisions in its national legislation which could lead to situations amounting to forced labour. The Committee requests the Government to provide information in its next report on any progress made in this respect, and particularly concerning Presidential Decree No. 3 of 2 April 2015 on prevention of dependency on social aid; Presidential Decree No. 9 of 7 December 2012 on additional measures for the development of the wood industry; Law No. 104-3 of 4 January 2010 on the procedures and modalities of transfer of citizens to medical labour centres and the conditions of their stay; and Presidential Decree No. 18 of 24 November 2006 on supplementary measures for state protection of children from “dysfunctional families”.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 105th Session and to reply in detail to the present comments in 2016.]