Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the conclusions and recommendations of the Commission of Inquiry established to examine the observance by the Government of Belarus of the present Convention and Convention No. 87. The Committee further notes the reply of the Government to the report of the Commission of Inquiry by virtue of article 29 of the ILO Constitution, which was noted by the Governing Body at its 291st Session (GB.291/6/1), in which the Government has indicated certain measures it intends to take in order to implement the recommendations of the Commission and refers to its need for ILO technical assistance in this regard. In particular, it notes the Government’s indication that it has established a special experts advisory group, including representatives of Government, trade unions, employers’ associations, non-governmental organizations and academics, to conduct a comprehensive review of its entire system of social and labour relations. The Committee trusts that the advisory group will represent a broad spectrum of society and, in particular, that the trade union representation will include all the national-level trade unions. It requests the Government to specify, in its next report, the composition of this advisory group, and to indicate the progress made in its review.

Articles 1 and 3 of the Convention. The Committee notes the conclusions and recommendations of the Commission of Inquiry as regards the allegations of anti-union discrimination, harassment and retaliatory acts. It notes in particular that the Commission considered:

... that the number of cases of workplace harassment and discrimination brought to its attention, the details provided by the individuals concerned, their systematic link to either the CDTU and its national affiliates (in particular the Belarussian Independent Trade Union (BITU), the BFTU and the Free Metal Workers’ Union (FMWU) or the dissident branch trade unions in the FPB (the AAMWU and the REWU), lead to the conclusion that there is sufficient evidence available to call for a thorough investigation of all these matters. The Commission regrets that the Government has not taken any steps in this regard, nor does it seem to take any of these allegations seriously. The Commission is particularly concerned that a number of these cases concern the actual livelihood of entire families, where trade union activists appear to have not only lost their jobs, but find it impossible to obtain any further employment. In these circumstances, the Commission considers that the Government has not complied with its obligation under Convention No. 98 to ensure effective measures of protection against anti-union discrimination, accompanied by sufficient and dissuasive sanctions, nor has it properly ensured the right of all workers to form and join organizations of their own choosing as provided in Article 2 of Convention No. 87 (see Trade union rights in Belarus, report of the Commission of Inquiry, July 2004, paragraph 617).

It further notes the serious issues raised in the Commission’s report concerning the discriminatory use of fixed-term contracts against certain trade union leaders and members. The Committee notes the indication in the Government’s response that the Commission’s recommendations designed to improve procedures and mechanisms of protection are particularly important. It asks the Government to indicate, in its next report, the measures taken to review and redress all complaints of anti-union discrimination and the progress made in putting into place truly effective procedures for protection against anti-union discrimination and other retaliatory acts.

Article 2. As regards the findings by the Commission that there had been several important acts of interference in internal trade union affairs at the enterprise level, the Committee notes the Government’s indication that it is taking measures to inform all directors of enterprises, including those who are trade union members, of the inadmissibility of any form of interference in trade union activities. It requests the Government to provide further information, in its next report, on the precise measures taken in this regard, as well as any notable impact such measures have had in curbing managerial interference in trade union affairs.

Articles 1, 2, 3 and 4. Finally, the Committee notes from the Commission’s conclusions that it has observed that many of the acts of interference and anti-union discrimination, as well as the consequences of non-registration caused by Presidential Decree No. 2 (see observation on Convention No. 87), have resulted in a denial of collective bargaining rights of a number of primary-level trade unions and have further hindered the rights of these organizations even to enter into negotiations with their employer. The Committee refers the Government to its comment under Convention No. 87 and trusts that it will take all necessary measures to ensure that the collective bargaining rights of these organizations are not impeded.

Finally, the Committee also takes note of the observations made by the Congress of Democratic Trade Unions (CDTU) on the application of the Convention and requests the Government to provide its observations thereon.