Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the information provided by the Government on the measures taken to implement the recommendations of the Commission of Inquiry, the conclusions of the Committee on Freedom of Association (352nd Report, approved by the Governing Body at its 303rd Session) and the discussion that took place in the Conference Committee on the Application of Standards in June 2008. The Committee also takes note of the seminar on anti-union discrimination which was held in Belarus in June 2008, with participation of ILO representatives and tripartite constituents. The Committee further notes the comments made by the International Trade Union Confederation (ITUC) on the application of the Convention in law and in practice in a communication dated 29 August 2008.

The Committee recalls that all of the issues raised in its outstanding comments are directly related to the recommendations of the Commission of Inquiry.

Article 2 of the Convention. The Committee recalls that it had previously noted with regret that no progress had been made in respect of the recommendations made by the Commission of Inquiry to register the primary-level organizations that were the subject of the complaint. It further noted with regret that two trade unions affiliated to the Radio and Electronic Workers’ Union (REWU), which submitted applications for registration in 2006–07 were not registered (primary trade union of “Avtopark No. 1” and Mogilev city primary trade union). The Committee further noted that the non-registration of primary trade union organizations had led to the denial of registration of three regional organizations of the Belarusian Free Trade Union (BFTU) (organizations in Mogilev, Baranovichi and Novopolotsk-Polotsk). The Committee had therefore expressed the firm hope that the Government would take all necessary measures for the immediate re-registration of these organizations both at the primary and the regional level so that these workers may exercise their right to form and join organizations of their own choosing without previous authorization. It further requested the Government to keep it informed of the number of organizations registered and those denied registration. The Committee deeply regrets that no information was provided by the Government on steps taken to ensure the immediate registration of the primary-level organizations that were the subject of the complaint examined by the Commission of Inquiry. The Committee further regrets to note that, apart from the Novopolotsk-Polotsk organization, which according to the Government has been registered since 2000, no other trade union, the registration of which had been requested by the ILO supervisory bodies, has been registered. The Committee further notes from the 352nd Report of the Committee on Freedom of Association the new allegations of denial of registration of the REWU organizations in Gomel, Smolevichi and Rechitsa and of the Belarusian trade union of individual entrepreneurs “Razam”, a partner organization of the Congress of Democratic Trade Unions (CDTU). Regretting the absence of action by the Government on these matters, the Committee urges the Government to take the necessary measures to ensure that all of the non-registered trade union organizations are registered without delay and requests the Government to keep it informed in this respect.  It further once again requests the Government to indicate the number of organizations registered and those denied registration during the reporting year.

The Committee notes that the main obstacle to registration of the BFTU and the REWU organizations mentioned above is the absence of legal address. The Committee had previously noted the Government’s indication that with the adoption of the new Law on Trade Unions, the provisions of Presidential Decree No. 2 of 1999, which impose the legal address requirement for registration of trade union organizations, would cease to have effect. With regard to the process of drafting of the new Law on Trade Unions, the Committee notes the information provided by the Government that it was decided to hold back the draft Law and that new legislation would be developed in consultation with the social partners concerned. The Committee regrets to note that in the meantime, the legal address requirement continues to hinder the establishment and functioning of trade unions despite the recommendation of the Commission of Inquiry to amend the relevant provisions of the Decree, its rules and regulations so as to eliminate any obstacles that might be caused by this requirement. In light of the fact that the requirement of legal address, as provided for in Decree No. 2, continues to raise difficulties with the registration of trade unions, the Committee once again requests the Government to take the necessary measures to immediately amend the Decree to eliminate this requirement so as to ensure that workers and employers may form organizations of their own choosing without previous authorization. The Committee further expects that any new legislation relating to trade union registration will be in full conformity with the provisions of the Convention. The Committee requests the Government to indicate any developments in this respect.

Article 3. The Committee once again notes with regret that no information has been provided in respect of the steps taken to amend the Law on Mass Activities and sections 388, 390, 392 and 399 of the Labour Code, and to ensure that National Bank employees may have recourse to industrial action, without penalty. The Committee must therefore once again recall that it has been asking the Government to amend these provisions for several years now. Recalling that the abovementioned legislative provisions are not in conformity with the right of workers to organize their activities and programmes free from interference by the public authorities, the Committee reiterates its previous requests and asks the Government to indicate the measures taken in this respect. The Committee further expresses its concern at the allegations in the ITUC communication of repeated refusals to authorize the Belarusian Independent Trade Union (BITU) and the REWU to hold pickets and meetings. The Committee recalls that protests are protected by the principles of freedom of association and that permission to hold public meetings and demonstrations, which is an important trade union right, should not be arbitrarily refused. The Committee requests the Government to conduct independent investigations into the alleged cases of refusals to hold pickets and meetings and to bring the attention of the relevant authorities to the right of workers to participate in peaceful demonstrations to defend their occupational interests and to indicate any developments in this respect.

Articles 3, 5 and 6. The Committee once again regrets that no information has been supplied by the Government in respect of the measures taken to amend section 388 of the Labour Code, which prohibits strikers from receiving financial assistance from foreign persons, and Decree No. 24 concerning the use of foreign gratuitous aid, so that workers’ and employers’ organizations may effectively organize their administration and activities and benefit from assistance from international organizations of workers and employers. The Committee must therefore reiterate that restrictions on the use of foreign aid for legitimate trade union activities is contrary to the right of national workers’ and employers’ organizations to receive financial assistance from international workers’ and employers’ organizations in pursuit of these aims. Regretting the absence of measures by the Government on the matters above, the Committee once again requests the Government to take the necessary measures to amend both Decree No. 24 and section 388 of the Labour Code so that workers’ organizations are not prohibited from using foreign aid to support industrial action or any other legitimate activity.

The Committee observes, just like the Conference Committee on the Application of Standards at its last discussion in June 2008, that while some positive steps have been taken by the Government, the current situation in Belarus still remains far from ensuring full respect for freedom of association and the application of the provisions of the Convention. The Committee notes the Government’s indication that it will continue its cooperation with the ILO and to that effect, a tripartite seminar (with the participation of representatives from the Government, trade unions – those affiliated and not affiliated to the Federation of Trade Unions of Belarus – employers’ organizations, the ILO, the ITUC and the International Organisation of Employers) on the implementation of the recommendations of the Commission of Inquiry is under preparation. The Committee welcomes this initiative and expresses the firm hope that concrete and tangible steps will be taken in the near future so as to ensure the full implementation of the recommendations of the Commission of Inquiry without delay.

The Committee requests the Government to respond to the observations made by the ITUC.

[The Government is asked to supply full particulars to the Conference at its 98th Session and to reply in detail to the present comments in 2009.]