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

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

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Observation

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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. It also notes the discussion that was held by the Committee on the Application of Standards (the Conference Committee) at the 108th Session of the International Labour Conference (June 2019) regarding the application of the Convention by Belarus.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

Articles 1(1), 2(1) and 2(2)(c) of the Convention. Compulsory labour imposed by the national legislation on certain categories of workers and persons. 1. Financial penalties imposed on unemployed persons. The Committee notes from the conclusions of the Conference Committee that due to the 2018 amendments to Presidential Decree No. 3 of 2015, the sections regarding administrative penalties, levies or compulsory work imposed on unemployed persons has been deleted and, instead, the Decree focuses on employment promotion. The Committee also notes the Government’s indication, in its report, that according to the amended Decree, people who are “able-bodied” and capable of working but who are not working have to pay for utility and public services at the full rate without any state subsidy. The Government further specifies the categories of persons who are not required to pay for utility and public services, including hot water, gas supply and heating, at the full rate since they are classified as economically active persons. Such categories include citizens who are legally employed, registered entrepreneurs, military personnel, clergymen, registered unemployed persons, parents or guardians of children under 7 years of age, students in full-time education, people who work or receive education abroad, persons with disabilities, pensioners and other categories, as determined by the Council of Ministers’ Decision No. 239 of 31 March 2018. The Government also indicates that the existence of a difficult life situation is taken into account, when deciding whether a person shall pay for utility and public services at the full rate.

The Committee notes the BKDP’s observations reiterating its previous statement that the replacement of the former levy imposed on unemployed citizens by an obligation to pay for utilities and public services at the higher price constitutes another form of financial penalty. It further points out that although the amended Decree No. 3 of 2015 uses different terminology, it preserves the same repressive and discriminatory essence and constitutes indirect coercion to work. The BKDP also indicates that there is no publicly available data on the total number of persons included in the list of “able-bodied” citizens not involved in the economy.

The Committee requests the Government to continue to ensure that the implementation of Decree No. 3 of 2015 in practice does not go beyond the purpose of employment promotion. The Committee also requests the Government to continue to provide information on the application of the Decree in practice, particularly on the number of persons who are enlisted as “able-bodied” citizens not involved in the economy, as well as the number of persons who are required to pay for utilities and public services at the full rate.

2. Persons interned in “medical labour centres”. The Committee previously noted that according to Act No. 104-3 of 4 January 2010, citizens suffering from chronic alcoholism, drug addiction or substance abuse who have faced administrative charges (three or more times in one year) for committing administrative violations under the influence of alcohol, narcotics or other intoxicating substances may be sent to medical labour centres. Another category of citizens who may be placed in medical labour centres comprises persons who are required to reimburse the State expenditure on the maintenance of children placed under state care, and who have committed disciplinary offences at work twice in one year, as a result of using alcohol or other intoxicating substances. The Committee further noted that both categories of persons might be sent to medical labour centres by a court order for a period of 12–18 months. The Conference Committee also noted that citizens might be required to participate in vocational skills training and compulsory work in medical labour centres, and called on the Government to ensure that no excessive penalties are imposed on citizens to oblige them to perform work.

The Committee notes that Act No. 70-З of 10 December 2020 amending Act No. 104-3 of 4 January 2010 has established a new category of citizens who may be sent to medical labour centres. It includes “able-bodied” non-working citizens leading an asocial lifestyle who were warned about the possibility of being sent to medical labour centres and committed an administrative offence under the influence of alcohol, narcotics or other intoxicating substances within a year of the warning. Such persons may be sent to medical labour centres only by a court order after medical examination. The Government points out that timely referral of these categories of citizens to medical labour centres is considered a preventive measure taken against possible offences due to their asocial lifestyle. In this respect, the Committee notes that in her 2019 report, the United Nations Special Rapporteur on the situation of human rights in Belarus noted that the term “asocial lifestyle” is extremely vague and expressed concern that this could lead to cases of arbitrary detention or other abuses (A/HRC/41/52, paragraph 79).

The Government points out that due to the state policy on the prevention of drunkenness and alcoholism among the population, as well as the social rehabilitation of persons suffering from alcoholism, drug addiction and substance abuse, the number of people sent to medical labour centres has almost halved over the last five years. The Government further indicates that citizens placed into medical labour centres may work at the production enterprises of the Ministry of Internal Affairs or other enterprises located near medical labour centres. In this regard, the Committee observes, from the internal regulations of medical labour centres approved by the Decree of the Ministry of Internal Affairs No. 86 of 25 March 2021, that persons placed in medical labour centres are obliged to work at places and in jobs determined by the administration of medical labour centres (section 185).

The Committee notes the BKDP’s observations indicating that medical labour centres are de facto detention institutions, where the assistance in the treatment of alcoholism is either not provided at all or only formally. The BKDP further indicates that in 2020, 4,494 persons were sent to medical labour centres and about one third of these persons did not have problems with alcohol. The BKDP also indicates the cases of work performed by persons placed in medical labour centres for the benefit of the private sector.

The Committee requests the Government to continue to provide information on the implementation of Act No. 104-3 of 4 January 2010, as amended, in practice, indicating, in particular, the total number of persons placed in medical labour centres. The Committee further requests the Government to specify criteria for the determination of a lifestyle as “asocial” according to Act No. 104-3, as amended in 2020. It also requests the Government to indicate the types of work which may be performed by persons placed in medical labour centres and whether such work may be performed for the benefit of private entities.

The Committee is raising other matters in a request addressed directly to the Government.