A/HRC/26/44
perceived as not following the line of the authorities. Article 14 of the Labour Code
remains the only law that lists possible grounds for discrimination.94
111. The Special Rapporteur considers that Belarus should enshrine in its legal system
the principle of non-discrimination in employment on all grounds, including indirect
discrimination, in accordance with international standards.
O.
Forced labour
112. The Special Rapporteur received reports of individuals being forced to work in
circumstances unrelated to their occupations or situations. Such labour practices can be
observed in a variety of ways in Belarus. Conscripts are obliged to carry out unpaid work
unrelated to their military service activities. National, regional and local authorities
regularly impose unpaid work on the working population through “subbotniks” (ibid., para.
105). In theory, participation is on a voluntary basis; in practice, non-participation results in
negative repercussions, such as the non-renewal of a short-term contract and arbitrary
elimination of monthly bonuses. In detention facilities, inmates cannot choose the work
they perform, nor can they refuse to undertake work. Graduates who received their
education for free must work under assignment for one year after vocational education, or
with a two-year assignment after a specialized secondary or higher education. All places are
determined by a graduate assignment committee.
113. The Special Rapporteur recalls that the ILO regards the prohibition of forced labour
as the cornerstone of international labour law (ibid.).
P.
Discrimination
114. Despite that general principles of equality and non-discrimination are guaranteed in
article 22 of the Constitution, no national legislation has been passed defining
discrimination in a comprehensive, holistic way. There are no legal provisions on indirect
discrimination.
115. Courts do not accept discrimination as a basis for lawsuits (A/HRC/23/52, para. 96).
As a result, there is no court practice for hearing cases of discrimination.
116. Public servants are not trained in the prevention and identification of discriminatory
practice. This is of particular concern due to the reports received by NGOs regarding
discriminatory practice towards women and against minorities, in particular religious
minorities, Roma and lesbian, gay, bisexual and transgender people.
Q.
Persons with disabilities
117. The Interagency Council on Disability Issues under the Council of Ministers meets
annually. There is limited information on attempts made by legislators to address
meaningfully the concerns of persons with disabilities.
118. The 2013 Labour Code amendments do not give further guarantees for persons with
disabilities against discrimination.
94
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Including based on sex, race, national origin, language, religious or political views, membership of
trade union membership or non-membership of trade union or other public association.
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