Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 29) sur le travail forcé, 1930 - Bélarus (Ratification: 1956)

Autre commentaire sur C029

Observation

Demande directe

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The Committee notes the observations of the Belarusian Congress of Democratic Trade Unions (BKDP), received on 30 August 2021 and 14 January 2022, and requests the Government to provide its reply to these observations.

Articles 1(1) and 2(1) of the Convention. Restrictions on freedom of workers to terminate employment. The Committee notes the BKDP’s observations indicating that the 2019 legislative amendments to the Labour Code have restricted workers’ right to terminate a fixed-term contract, which may be concluded for a period of up to five years. The BKDP further indicates the widespread use of fixed-term contracts in Belarus.

The Committee observes that according to section 41 of the Labour Code, a fixed-term contract is subject to early termination at the worker’s request only in case of his or her illness or disability, enrolment into military service, or other “good” reasons that prevent performance of work under the fixed-term contract, as well as in the case of violation by the employer of labour legislation, collective agreements or the employment contract.

The Committee recalls that, even in cases where employment is originally the result of a freely concluded agreement, the workers’ right to leave their employment remains inalienable. Accordingly, the effect of statutory provisions preventing termination of employment upon notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention (see the 2007 General Survey on the eradication of forced labour, paragraph 40). Recalling that workers shall enjoy the right to leave employment by giving notice of reasonable length, the Committee requests the Government to provide more information on the circumstances under which fixed-term contracts can be terminated at the employees’ request and whether fixed-term contracts can be terminated at theemployees’ request without a “good” reason.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes the Government’s indication in its report that the main activities against trafficking in persons are implemented under the Sixth Programme to Combat Crimes and Corruption for 2020-22. The Committee further notes different measures taken to raise awareness of trafficking in persons, such as distribution of information materials and production of social advertising clips. The Committee notes the Government’s indication of a significant decrease in the dimensions of trafficking in persons.

According to the information provided by the Government, in 2020 internal affairs bodies detected 1,252 crimes relating to trafficking in persons and other related offences. In particular, 59 cases were registered for prosecution under section 171 of the Criminal Code (procurement), 11 cases under section 171-1 (enticement into prostitution), none under sections 181 (trafficking in persons) and 181-1 (use of slave labour), and one case under section 182 (abduction for the purposes of exploitation). In 2020, 55 victims of trafficking were referred for rehabilitation. The Government also indicates that in 2020, the Resolution of the Council of Ministers No. 485 of 11 June 2015 on the identification of victims of trafficking in persons was amended with the aim of simplifying the procedure for identifying and rehabilitating victims of trafficking. In addition, the manual entitled "Methodological recommendations for identifying victims of trafficking in persons" was published in 2020.

The Committee requests the Government to continue to provide information on the application of sections 171 and 181 of the Criminal Code in practice, including the number of investigations, prosecutions, convictions and specific penalties applied. The Committee also requests the Government to continue to provide information on the number of victims identified and the type of assistance provided to them.

Articles 1(1) and 2(1). Compulsory labour imposed on parents whose children have been removed. With respect to the application of Presidential Decree No. 18 of 24 November 2006 on supplementary measures for state protection of children from “dysfunctional families”, the Government reiterates its previous statement that since the adoption of Decree No. 18, there has been an annual reduction in the number of children whose parents lost their parental rights and are obliged to cover the cost of state care for their children. While in 2007, the parents of 4,451 children were deprived of parental rights, in 2020, this number was reduced to 1,226 children. The Government further indicates that in total, as of July 2021, the parents of 16,246 children in state care are required to reimburse expenses for the maintenance of their children in state childcare facilities. The parents of 114 children reimbursed voluntarily the expenses for the maintenance of their children. The Government also points out that parents who cannot perform parental responsibilities for health reasons are not required to cover the cost of state care. In 2021, 655 children who were in state care were returned to their parents.

The Committee notes that in her 2019 report, the United Nations Special Rapporteur on the situation of human rights in Belarus noted that the criteria for determining who should be put on the list of children in socially dangerous situations are vague. She also noted the reports indicating that some political dissidents and civil society activists had also been threatened with being added to the list, in an apparent move to deter them from conducting their activities (A/HRC/41/52, paragraphs 80-81 and 83).

The Committee requests the Government to take the necessary measures to ensure that the implementation of Decree No. 18 in practice does not go beyond the purpose of rehabilitating “dysfunctional” families. The Committee further requests the Government to continue to provide information on the application of the Decree in practice, indicating the number of persons who are obliged to reimburse expenses for the maintenance of their children, including by taking up employment pursuant to a court ruling.

Article 2(2)(c). Prison labour. The Committee observes from the information provided by the Government that there have not been any legislative changes ensuring that any work or service by convicted persons for private enterprises is performed only with the free, formal and informed consent of the persons concerned. The Committee once again recalls that the exception provided for in Article 2(2)(c) of the Convention only refers to work exacted from convicted persons, provided that not only the said work is carried out under the supervision and control of a public authority but also the said person is not hired or placed at the disposal of private entities. The Committee therefore reiterates its request to the Government to take the necessary measures, both in law and in practice, to ensure that work may only be performed by prisoners in private enterprises with their free, formal and informed consent, and that such consent is free from the menace of any penalty. The Committee requests the Government to provide information on any progress made in this respect.

Article 2(2)(e). Minor communal services. The Committee observes that the Council of Ministers, in its annual ordinances, recommends public bodies and other organizations to hold on a voluntary basis the republican “subbotnik”, which is usually a day during which workers may perform work, for example, to improve workplaces or other public territories (the Ordinances of the Council of Ministers No. 233 of 16 April 2020; No. 206 of 8 April 2021; No. 208 of 5 April 2022). Workers also may on a voluntary basis determine a contribution deducted from the earnings gained during “subbotniks” or from their regular wage if the “subbotnik” is held during the working day.

The Committee notes that, in a communication of 23 April 2020 to the Office which was also transmitted to the Government, the International Trade Union Confederation (ITUC) indicated that, as a result of the adoption of the Ordinance of the Council of Ministers No. 233 of 16 April 2020 “On holding the countrywide ‘subbotnik’ in 2020”, workers were forced to accept unpaid work or pay a “voluntary” contribution up to one sixth of the minimum wage. The Committee further notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 2022, expressed concerned about reports that many individuals in Belarus were compelled to participate in collective communal work that is supposedly voluntary (E/C.12/BLR/CO/7, paragraph 17).

The Committee recalls that only the work or service for which a person has offered himself/herself voluntarily without the menace of any penalty is not considered as forced or compulsory labour. The Committee further recalls that under Article 2(2)(e) of the Convention, the exception from compulsory work or service is limited to minor works or services performed in the direct interest of the population, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services. This exception does not include work intended to benefit a wider group or work for purposes of economic development.

The Committee therefore requests the Government to take the necessary measures to ensure that, in practice, workers’ participation in “subbotniks” are conducted strictly on a voluntary basis, as determined by the legislative provisions and without the menace of any penalty. In this respect, the Committee requests the Government to provide information on the application of the Ordinances of the Council of Ministers.