A/HRC/26/44
unregistered.83 The Special Rapporteur is worried that one of the largest NGOs in the
country – internationally recognized and respected – has consistently been denied
registration.
97.
The Special Rapporteur reiterates the need to review, without delay, the
systematically restrictive regulations relating to registration and activities of NGOs and
trade unions, in order to facilitate their establishment and free operation84 through a nononerous process (A/HRC/23/52, para 119(m)), and to decriminalize membership in
unregistered NGOs.85
98.
Since 1997, freedom of association has become more limited, underpinned by
complex legislation. Journalists and human rights organizations and defenders appear to be
under particular scrutiny, intimidation or harassment, raising concerns for their protection,
safety and ability to work in a safe and secure environment.86
99.
Political parties face constricting registration regulations (A/68/276, para. 56) and
are prohibited from receiving gratuitous foreign aid for a specific list of activities.87
100. The Special Rapporteur considers that Belarus cannot expect to improve its human
rights situation, including its economic, social and cultural record, without allowing NGOs
to operate independently without hindrance or threats. Opening up dialogue with the
participation of a broad variety of civil society organizations in public affairs can
significantly contribute to shaping the future of the country. This would help build people’s
trust and confidence in the Government and institutions.
M.
Trade unions
101. For many years, Belarus has been advised to bring its legislative framework on trade
unions and strikes in line with the obligation to ensure freedom of activity of trade unions
and the right to strike, to organize and to collective bargaining.88
102. While the Federation of Trade Unions states that 98 per cent of workers are trade
union members, only 40 per cent of workers surveyed state that they belong to a union. In
practice, workers have to be formally registered with the Federation of Trade Unions before
they are hired. As with associations, registration for trade unions is impeded by
bureaucratic administrative regulations. Presidential Decree No. 2, adopted on 24 January
2013, on some measures to regulate the activities of political parties, trade unions and other
NGOs, places severe restrictions on the formation and registration of trade unions. All trade
unions, if registered prior to this, have had to reregister. Registration is a long and
complicated procedure. Without it, trade union activities are banned and the trade union
faces dissolution.
103. At the 102nd session of the International Labour Organization (ILO) Committee on
the Application of Conventions and Recommendations in June 2013, Belarus was again
urged to take the necessary measure to amend Presidential Decree No. 2 to remove the
obstacles to trade union registration, and had already proposed revoking the 10 per cent
membership requirement for the establishment of a union at the enterprise level. Moreover,
83
84
85
86
87
88
18
CCPR/C/90/D/1296/2004.
CCPR/C/79/Add.86, para. 19; A/68/276, para. 118(p); A/HRC/15/16, paras 98.10 and 98.35.
CEDAW/C/BLR/CO/7, para. 24; A/HRC/15/16, paras. 98.28 and 98.30.
CCPR/C/79/Add.86, para. 19; A/HRC/20/8, paras. 59 and 75; A/HRC/15/16, paras. 98.27, 98.31 and
98.33; A/HRC/23/52, para. 94.
A/68/276, para. 57; E/CN.4/2006/36, paras. 44–45.
E/C.12/1/Add.7/Rev.1, para. 22; E/C.12/BLR/CO/4-6, para. 17; GB.318/INS/5/2, para. 26.
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