A/HRC/32/48
J.
Conditions of work
113. The Special Rapporteur, the International Labour Organization and several other
bodies have criticized the fact that forced labour is still massively present in Belarus, the
only country in Europe where State property accounts for between 70 and 80 per cent of the
economy.
114. The Special Rapporteur deplores the approval, on 6 May 2015, of the presidential
decree No. 3 on the prevention of social dependency, which creates the conditions for the
expansion of the practice of forced labour in Belarus. It provides for the payment of fees by
certain categories of unemployed citizens, including women raising children up to a certain
age, persons with disabilities, senior citizens and students. It also grants the police the right
to arrest persons “with obligations” (such as parents who have children under the custody
of the Government) for even a single absence from work, and to send them to compulsory
work.
115. The Special Rapporteur received reports of local authorities pressuring employees of
local businesses and organizations to require participation in unpaid work, such as street
cleaning. Some employees in the Kruhlaje district were allegedly required to donate their
salaries earned on 27 October 2015 (on the “Day of Unpaid Labour in the Workplace”) to a
special account held by the local authorities.
116. The Special Rapporteur remains concerned about the discrimination in the
workplace that members of unofficial trade unions and other activists face.
117. In September 2015, a union activist who went to work wearing a prisoner uniform in
protest against labour conditions was fired.19
118. The management of a tractor factory in Babrujsk allegedly continue to dismiss
activists of the Free Trade Union of Belarus. In August 2015, three members of the trade
union were allegedly dismissed from the factory. They appealed to the chair of the regional
executive committee, who did not take any action.20
119. At the second universal periodic review of Belarus, in 2015, the Working Group on
the Universal Periodic Review raised the issues of working conditions and forced labour,
and called upon Belarus to take measures to implement the recommendations made by the
Committee on Economic, Social and Cultural Rights, including through the abolition of all
types of forced labour, the elimination of fines for labour inactivity, and the abandonment
of the widespread use of short-term working contracts as a means to deter workers from
criticizing their conditions (A/HRC/30/3, paras. 127.86 and 129.96).
K.
Discrimination
120. Although the Constitution of Belarus guarantees the general principles of equality
and non-discrimination, no corresponding anti-discrimination legal framework is in place.
Possible grounds for discrimination are listed only in the Labour Code, but the list is not
exhaustive. Since there is no specific anti-discrimination law in Belarus, courts do not
accept discrimination as a basis for lawsuits (A/HRC/29/43, para. 115). The general
absence of freedom of association is also a cause of discrimination within society.
19
20
Viasna, “Baranavičy: Opposition activist fired over wearing prison uniform at work”, 27 September
2015.
Viasna, “Another trade union activist loses job in Babrujsk”, 16 September 2015.
19
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