Belarus won’t be returned EU preferences
- 21.11.2008, 11:33
The International Labor Organization (ILO) Governing Body approved the Report of the Freedom of Association Committee, having underlined that the current situation in the country is far from full respect of the principle of freedom of association, and certain Recommendations, made by the Commission on Inquiry have, as before, not been implemented.
Therefore the Committee once again calls upon the Government to continue its cooperation with the International Labor Office, as well as social dialogue with all partners, including the trade unions outside of the Federation of Trade Unions of Belarus (FPB), www.praca-by.info reports.
The Committee urges the Government to implement all Recommendations of the Commission of Inquiry and ensure that any legislative changes will conform to this objective. The Committee made twelve Recommendations to the Government of the Republic of Belarus, aimed at elimination of new violations of trade union rights.
ILO’s estimation of the situation with trade union rights in Belarus allows to conclude that the EU’s Generalized System of Preferences won’t be expanded to our country.
“The ILO Governing Body heard a report of the Belarusian Government, presented by the minister of labor of Belarus. Among the positive steps of the government, the minister mentioned returning of preferential rate on lending premises for independent trade unions. But this happened only some days before the session of the ILO Governing Body. The situation with independent trade unions in Belarus hasn’t improved since ILO’s June session. EU’s trade preferences will be returned to Belarus only after the authorities fulfil all recommendations of the ILO. The decision will be taken by the European Union, but it will guide by an opinion of this international organisation,” Alyaksandr Yarashuk, head of the Belarusian Congress of Democratic Trade Unions , commented on the situation to the Charter’97 press center.
The ILO Freedom of Association Committee's recommendations
(unofficial translation)
1. The Committee 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.
2. The Committee urges the Government to take the necessary measures to ensure that the cases of non-registration of the BFTU organizations in Mogilev and Baranovichi, including their primary-level trade unions, as well as Mogilev city primary organization, “Avtopark No. 1” and “Ental” primary organizations in Gomel, Smolevichi primary trade union and Rechitsa district trade union of the REWU are reconsidered by the registering authorities without delay. The Committee further requests the Government to provide information on the decision taken in respect of the registration of the “Razam” organization.
3. The Committee expects that the Law on Trade Unions will be in full conformity with the provisions of Conventions Nos 87 and 98. Pending the drafting of the new trade union legislation, 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.
4. The Committee requests the Government to ensure that an independent investigation into all of the 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 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 acts will be fully compensated and that appropriate instructions will be given to the relevant authorities so as to avoid any recurrence of such acts.
5. The Committee continues to urge the Government to pursue more vigorously, on the one hand, the instructions to be given to enterprises in a more systematic and accelerated manner so as to ensure that enterprise managers do not interfere in the internal affairs of trade unions and, on the other, instructions to the Prosecutor-General, Minister of Justice and court administrators that complaints of interference and anti-union discrimination shall be thoroughly investigated. The Committee further requests the Government to ensure an independent investigation into all alleged instances of interference and anti-union discrimination at “Polymir”, “Grodno Azot”, “Frebor”, “Belarusneft-Osobino”, “Avtopark No. 1” and “Mogilev ZIV” companies, and at the Brest State Pedagogical University.
6. The Committee urges the Government to immediately redress the situation of those workers who have suffered consequences for cooperating with the Commission of Inquiry and refers specifically in this respect to Messrs Gaichenko, Dukhomenko, Obukhov, Shaitor and Sherbo. It further requests the Government to clarify whether the rights and benefits acquired through Mr. Stukov’s years of employment were maintained.
7. The Committee requests the Government to indicate the measures taken to implement the recommendations made by the United Nations Special Rapporteur on the independence of judges and lawyers.
8. The Committee once again urges the Government to take the necessary measures to amend Decree No. 24 so as to ensure that employers’ and workers’ organizations may benefit freely, and without previous authorization, from the assistance which might be provided by international organizations in order to carry out activities, including strikes.
9. The Committee requests the Government to conduct independent investigations into the alleged cases of refusal to hold pickets and meetings and to bring the attention of the relevant authorities to the right of workers to peaceful demonstration to defend their occupational interests.
10. The Committee once again urges the Government to take the necessary measures to immediately amend the Law on Mass Activities so as to bring it into line with the right of employers’ and workers’ organizations to organize their activities.
11. The Committee requests the Government to provide full details on the steps taken to implement the above recommendations.
12. The Committee calls upon the Government to continue its cooperation with the Office, as well as social dialogue with all partners, including the trade unions outside of the FPB, to implement all the recommendations of the Commission of Inquiry and ensure that any legislative changes will conform to this objective.