366th report of the ILO Committee of Freedom of Assosiation

INTERNATIONAL LABOUR OFFICE

Governing Body
316th Session, Geneva, 1–16 November 2012        
GB.316/INS/9/2

Reports of the Committee on Freedom of Association
366th Report of the Committee on Freedom of Association

Measures taken by the Government of the Republic of Belarus to implement the recommendations of the Commission of Inquiry

A. Introduction
1. The Committee of Freedom of Association, set up by the Governing Body at its 117th Session (November 1951), met at the International Labour Office, Geneva, on 1 and 2 November 2012, under the chairmanship of Professor Paul van der Heijden.

2. Subsequent to the decision of the Governing Body, at its 291st Session, that the implementation of the recommendations of the Commission of Inquiry established to examine the observance by the Government of Belarus of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), should be followed up by the Committee on Freedom of Association, the Committee last examined this matter in its 361st Report (May–June 2011), which was approved by the Governing Body at its 311th Session.

3. On that occasion, the Committee made the following recommendations:

(a) The Committee regrets that, despite the time that has elapsed since the previous examination of this case, the Government has not replied to the Committee’s previous recommendations and to the new allegations of violations of freedom of association rights in the country, although it has been invited on several occasions, to present its comments and observations on the case. The Committee urges the Government to be more cooperative in the future.
(b) The Committee once again urges the Government to provide information in respect of the steps taken to ensure the immediate registration of the primary-level organizations that were the subject of the complaint and to ensure that the workers in those enterprises where the primary-level organizations have been wound down are rapidly and duly informed of their right to form and join organizations of their own choosing without interference and that the registration of any such newly created organization is rapidly effectuated.
(c) In the light of the fact that the requirement of legal address, as provided for in Decree No. 2, continues to pose difficulties with the registration of trade unions, the Committee once again requests the Government to take the necessary measures to immediately amend the Decree in consultation with the social partners.
(d) The Committee urges the Government to take the necessary measures to ensure that all cases of non-registration of the BITU primary organization at “Delta Style” and REWU primary organizations in Mogilev, Gomel and Vitebsk are reconsidered by the registering authorities without delay and requests the Government to keep it informed in this respect. The Committee also requests the Government to provide a copy of the Supreme Court decision on the refusal to register “Razam” organization.
(e) The Committee requests the Government to ensure that an independent investigation into all outstanding and new allegations of interference and pressure is carried out without delay by a body having the confidence of all parties concerned. If it is found that the above alleged measures were taken against trade unionists for having exercised their trade union rights or their participation in legitimate trade union activities, the Committee expects that those who suffered from anti-union measures will be fully compensated and that appropriate instructions will be given to the relevant authorities so as to avoid any recurrence of such acts.