Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's latest reports and the examination by the Committee on Freedom of Association of Case No. 1849 (311th Report, November 1998).

1. Right of workers' organizations not to be suspended by administrative authority. In its previous comments, the Committee noted the suspension by administrative decision (Presidential Decree No. 336) of the Free Trade Unions of Belarus (FTUB) following a strike in the transport sector and expressed the firm hope that the necessary measures would be taken to revoke this Decree so as to enable the Free Trade Unions of Belarus to carry out their trade union activities once again.

Referring to its previous comments, the Committee now notes with satisfaction from the Government's report that paragraph 1 of the Presidential Decree which suspended the operation of the FTUB was repealed by Presidential Decree No. 657 of 29 December 1997. It further notes with interest that the FTUB has been registered and is functioning and that a representative of the Democratic Trade Union of Transport Workers has been appointed to the National Labour and Social Council.

2. Right of workers' organizations to organize their activities in full freedom. In its previous comments, the Committee urged the Government to amend Order No. 158 of 28 March 1995, which established a list of essential services in which strikes were prohibited, in order to ensure that workers' organizations in the transport sector unequivocally enjoyed the right to strike for the defence of their economic, social and occupational interests. The Committee notes with interest from the Government's latest reports that the Bill to amend and supplement the Act respecting the procedure for the settlement of collective labour disputes would repeal section 16 of the Act which established a list of sectors, organizations and enterprises where strike action was prohibited and upon which Order No. 158 was based.

The Committee now understands that this Bill has been passed by Parliament and will become law as soon as it has been signed by the President. It expresses the firm hope that this amending Act will enter into force shortly and that it will ensure full conformity with the Convention. It requests the Government to indicate in its next report the progress made in this regard and to transmit a copy of the final version of the Bill which was passed by Parliament.

3. Right of workers and employers to establish organizations without previous authorization; 1994 Act on Social Associations. The Committee notes that the Government's report refers on numerous occasions to the Law on Social Associations and its impact on the application of the Convention. Indeed, the Committee further notes that section 3 of the 1992 Trade Union Act provides that the constitutions and by-laws of trade unions shall be registered in the manner established by the Acts governing social organizations. However, it would appear from section 1, paragraph 2 of the Act on Social Associations that trade unions are not covered by its scope. Given that this contradiction in law could easily give rise to difficulties in respect of the applicable rules for trade union registration, the Committee would request the Government to indicate the measures taken or envisaged to eliminate this contradiction so as to ensure that workers' and employers' organizations are established, subject only to the rules of the regulations concerned, without previous authorization.

The Committee is also addressing a request directly to the Government.