Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes the information provided by the Government in its report.

1. The Committee notes from the 302nd Report of the Committee on Freedom of Association (ILO, Official Bulletin, Vol. LXXIX, 1966, Series, No. 1) that a complaint against the Government of Belarus was presented by the International Confederation of Free Trade Unions (ICFTU), the World Confederation of Labour (WCL), the Free Trade Union of Belarus and the Belarussian Congress of Democratic Trade Unions (Case No. 1849). It notes from paragraph 177 of the Committee's report that, according to the ICFTU, the mayor of Minsk is reported to have said in a meeting with 34 metro workers that the President of the Republic, Mr. L. Lukashenko, issued an order stating that metro workers dismissed in retaliation for striking must find employment for two months at a collective farm and receive a favourable recommendation before being considered for employment anywhere else; as indicated in paragraph 183 of the report, the ICFTU also points out that the Procurator-General gives Presidential Decrees priority over the Constitution and laws; and according to paragraph 190 of the report, the Government has not denied the facts as described by the complainants. The Committee requests the Government to supply a copy of the Presidential Order referred to by the mayor of Minsk, as well as information on any measures taken or contemplated in this regard to ensure the observance of the Convention.

2. In its earlier comments the Committee noted the Government's statement to the effect that there was no legislation in the Republic of Belarus concerning discharge from service of various categories of members of the armed forces, and that this matter was regulated by the legislative provisions of the former USSR. It requested the Government to provide information on any new developments regarding the adoption of legislation on this subject by Belarus. The Committee would be grateful if the Government would indicate, in its next report, whether such legislation has been adopted and, if not, whether any measures are taken or envisaged to this end. It reiterates its hope that, in the drafting of any new provisions in this field, statutory effect will be given to the freedom of career members of the armed forces to leave the service in time of peace on their own initiative after a reasonable period, either by giving notice or at specified intervals.

[The Government is requested to report in detail in 1997.]