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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