A/HRC/23/52
M.
Labour rights and trade unions
103. Discriminative disadvantaging and intimidation of independent trade unions have
continued, especially in the large State-owned sector. Belarus remains excluded from the
trade preferences system of the European Union because of systematic violations,
registered by the International Labour Organization (ILO), of workers‟ freedom of
association and the right to collective bargaining. In November 2012, ILO found that the
Government of Belarus still failed to respond to its recommendations. 68 No improvement
has been witnessed in the laws and practices impeding the registration of labour
organizations outside the structures of the Federation of Trade Unions of Belarus.
104. The ILO Committee on the Freedom of Association noted several allegations of
administrative and physical harassments of unionists. Complaints of continuing interference
and anti-union pressure by the authorities were submitted by three unions. 69 The Committee
registered allegations of arrest and detention, as well as beatings of trade union leaders and
members, the search of the regional office of the Radio and Electronic Workers Union in
Brest, and seizure of its computers, documents and seal. In the Gomel and Mogilev regions,
more than 50 people reportedly lost their jobs owing to their independent trade union
activism.
105. ILO regards the prohibition of forced and child labour as the cornerstone of
international labour law. Officials in Belarus continue, however, to organize subbotniks, or
unpaid weekend work (a traditional Soviet-era method of workforce mobilization) and
unpaid agricultural work mostly required of students. Despite the fact that regulations
relating to subbotniks specify that the work should be voluntary, employees have to
perform either their regular work duties or tasks set by local executive authorities, such as
cleaning the streets. Their salaries are calculated, but all earnings are transferred to funds
for various public projects, such as the construction of a library in Minsk, a new museum
dedicated to the Second World War or a nuclear power plant. 70
106. On 7 December 2012, President Lukashenka signed decree No. 9 on additional
measures for the development of the wood processing industry. The new decree effectively
takes away the right of workers in the wood processing industry to freely leave their jobs.
The companies participating in the State-funded modernization project are obliged to pay
benefits to their workers above and beyond their salaries. According to the new decree,
employees wishing to leave the company against the will of their employers can be forced
to either pay back the benefits or required to stay until the required amount has been
withdrawn from their salaries. Currently, the decree affects fewer than 20,000 employees in
Belarus.
107. When visiting the woodworking company OAO Mogilevdrev on 13 December
2012, the President commented that the essence of decree No. 9 was “forced labour”,
stating that “they cannot quit without your authorization; those who do quit will have to do
forced labour here.”71 In this way, decree No. 9 can be considered in violation of the core
standards for employees' rights, especially the ILO Conventions concerning Forced or
68
69
70
71
20
International Labour Office, 366th report of the Committee on Freedom of Association
(GB.316/INS/9/2) (available fromhttp://www.ilo.org/wcmsp5/groups/public/---ed_norm/--relconf/documents/meetingdocument/wcms_193261.pdf), paras. 1-28.
Ibid., 352nd report, para. 68.
BelarusDigest, “Belarusians forced to work on weekends”, 11 October 2011, available from
http://belarusdigest.com/story/forced-labour-belarus-6117.
Belarusian Telegraph Agency, “Lukashenko: Woodworking enterprises must fulfill decree No. 9”, 13
December 2012, available from http://news.belta.by/en/news/president?id=701681#.
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