Rapport intérimaire - Rapport No. 329, Novembre 2002

1. 217. The Committee has examined the substance of this case on several occasions, when it presented interim reports to the Governing Body [324th Report, paras. 133-218, 325th Report, paras. 111-181, and 326th Report, paras. 210-244, approved by the Governing Body at its 280th, 281st and 282nd Sessions (March, June and November 2001)]. The International Confederation of Free Trade Unions (ICFTU) transmitted new allegations in respect of the complaint in communications dated 19 December 2001 and 18 September and 10 October 2002. The Federation of Trade Unions of Belarus (FPB) submitted additional information in communications dated 28 March and 31 May 2002 and the Belarusian Free Trade Union (BFTU) provided additional information in a communication dated 5 February 2002. Finally, the Belarusian Automobile and Agricultural Machinery Workers’ Union (AAMWU) sent new allegations concerning this case in communications dated 31 July, 12 September and 11 October 2002.
2. 218. The Government transmitted additional information in reply to the new allegations in communications dated 8 May and 22 October 2002.
3. 219. Belarus has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 220. At its November 2001 session, the Governing Body approved the following recommendations in the light of the Committee’s interim conclusions:
   • (a) The Committee requests the Government to take the necessary measures to institute an independent investigation into the complainant’s allegations that pressure and intimidation were used against the workers of the Belarus Metallurgical Plant with the aim of undermining the established trade union structure and to keep it informed of the outcome of the investigation.
   • (b) Bearing in mind the principle that the repartition of trade union dues among various trade union structures is a matter to be determined solely by the trade unions concerned, the Committee once again requests the Government to establish, as a matter of urgency, a truly independent investigation into the claims of delayed transfer of union dues made by the complainants and to take the necessary measures to ensure the payment of any dues owed. It requests the Government to keep it informed of the outcome of these investigations.
   • (c) The Committee urges the Government to take the necessary measures, as a matter of urgency, to ensure that Presidential Decree No. 8 is amended so that workers’ and employers’ organizations may benefit freely, and without previous authorization, from the assistance which might be provided by international organizations for activities compatible with freedom of association. The Government is requested to keep the Committee informed of the measures taken in this regard.
   • (d) The Committee requests the Government to take the necessary measures to initiate an independent investigation into the allegations raised by the BFTU concerning the unlawful entry into union premises and the confiscation and destruction of union property and papers and to ensure that any confiscated property and papers are promptly returned to the union. The Government is requested to keep the Committee informed of the outcome of the investigations.
   • (e) The Committee requests the Government to take the necessary measures to initiate an independent investigation into the allegations concerning the destruction of trade union papers by the Chief Economic Directorate of the Presidential Administration and to keep it informed of the outcome of the investigation.
   • (f) The Committee once again urges the Government to take the necessary measures to eliminate the obstacles to registration caused by the legal address requirement and to provide detailed information on the status of the requests for registration noted in its previous examination of this case.
   • (g) The Committee requests the Government to take the necessary measures to ensure that Presidential Decree No. 11 is modified so that restrictions on pickets are limited to cases where the action ceases to be peaceful or results in a serious disturbance of public order and so that any sanctions imposed in such cases will be proportionate to the violation incurred. The Committee also requests the Government to provide information in reply to the complainants’ allegations concerning the restrictions placed on picketing action and, in particular, the refusal to allow a picket to take place in front of the Ministry of Industry.
   • (h) The Committee once again requests the Government to keep it informed of the progress made in instituting independent investigations into: the allegations of threats of dismissal made to members of the GPO “Khimvolokno” Free Trade Union and to the members of the Free Trade Union at the “Zenith” Plant; the allegations of the refusal to employ the re-elected chairperson of the Free Trade Union of Metalworkers at the Minsk Automobile Plant, Mr. Marinich; the questions surrounding the establishment of a regional trade union of electronics industry workers by the Research and Production Association of the Integral Amalgamation and the decision taken at the Tsvetotron Plant to affiliate to the new regional union; and the allegations concerning threats and pressure placed upon the workers at the Rechitskij Hardware Plant in Gomel to leave the branch union and set up new unions. The Government is also requested to keep the Committee informed of the outcome of these investigations.
   • (i) The Committee requests the Government to provide information on the measures taken in accordance with its previous recommendations to ensure the reinstatement of Mr. Evmenov and Mr. Bourgov in their posts with full compensation for any lost wages and benefits.

B. The complainants’ additional allegations

1. 221. In its communication dated 19 December 2001, the International Confederation of Free Trade Unions (ICFTU) sent new allegations concerning a governmental decree suppressing the check-off system in Belarus and attached a copy of a declaration made by the Federation of Trade Unions of Belarus (FPB) on 18 December 2001 in this regard. According to the ICFTU, the check-off system had been the usual practice in the country and its abolition could only be interpreted as an intentional undermining of the trade unions.
2. 222. In the attached declaration, the FPB states that the Council of Ministers Decree No. 1804 of 14 December 2001, entitled “On measures to protect the rights of trade union members”, abolishes the previously existing system of cashless transfers of trade union membership dues upon member application. According to the FPB, the true intention behind the Decree is to financially suffocate and eliminate trade unions as independent workers’ organizations. Furthermore, the Decree is in contradiction with the existing industrial tariff and local agreements, as well as collective agreements, and with the Labour Code which provides for the obligation of an employer to “make deductions from workers’ wages on their written request in order to settle cashless payments”, applicable also to trade union dues.
3. 223. The FPB further contends that the Decree violates the Constitutional Court decision of 21 February 2001 on the payment order of trade union membership dues. The FPB protests against this gross violation of workers’ rights, interference in the internal affairs of trade unions and impediment to the exercise of their lawful activities. In a communication dated 28 March 2002, the FPB forwarded the decision of the Constitutional Court in respect of Decree No. 1804.
4. 224. In its communication dated 5 February 2002, the Belarusian Free Trade Union (BFTU) indicates that, along with Mr. Evmenov and Mr. Bourgov, another trade union leader was dismissed for refusal to work on his day off, Mr. Evgenov. It states that this information had been provided in its previous complaint. Mr. Evgenov, like Mr. Bourgov, was dismissed from the Mogilev automobile plant, while Mr. Evmenov was dismissed from the open-stock society glass plant “Oktyabr” in the Mogilev area.
5. 225. The BFTU also provided a copy of a decision of the Court of Leninskij district of Grodno concerning the refusal to register the Belarusian Free Trade Union of the workers of the Khimvolokno State Production Amalgamation. The refusal to register the BFTU had been previously upheld on the basis of the requirement set out in the Decree “on some measures to improve activities of political parties, trade unions and other public organizations” that the union have members representing at least ten percent of the total number of workers at the enterprise. Thus, out of the 5,680 workers at the Khimvolokno State Production Amalgamation, the union must have 568 members. The district court then upheld this previous decision for this reason and also on the basis that some of the members of the local union, in particular Mr. Cherney and Mr. Parfinovich were not employees of the enterprise. According to the district court, this fact was in violation of the legislation which provides that union members must work for the employer in question.
6. 226. The BFTU contends, however, that the 10 per cent membership requirement only applies to separate trade unions with specific statutes, whereas the trade union at issue in this case is a local union and part of the organizational structure of the BFTU with the only professional requirement being that laid down in its statutes (three persons). Similarly, the BFTU states that the requirement to be a worker in the particular enterprise does not apply and adds that Mr. Cherney (now a pensioner) and Mr. Parfinovich were sacked from the plant for their trade union activities.
7. 227. In its communication of 31 May 2002, the FPB complains that the Ministry of Labour had sent the names of two enterprise union chairpersons to the ILO Credentials Committee in respect of the constitution of the country’s delegation to the ILO Conference in June 2002. The trade union of one of these enterprises, the Minsk Automobile Plant, had been forced to leave the branch union affiliated to the FPB under the pressure of local authorities.
8. 228. The FPB considers this action on the part of the Government to be a serious violation of the ILO Constitution and proves yet again that the Government has no intention to follow the recommendations in the case before the Committee. The FPB insists that the interests of workers be represented by the most representative workers’ organizations.
9. 229. In its communication dated 31 July 2002, the Belarusian Automobile and Agricultural Machinery Workers’ Union (AAMWU) sent new allegations concerning government interference in the internal affairs of trade unions and continuing violations of trade union rights. In particular, the AAMWU refers to: the Council of Ministers Decree No. 1804 which prohibits automatic transfer of trade union dues in contravention of national laws and the Belarus Constitution; the establishment of “tame” or “management” trade unions at industrial plants (for example, new “management unions have been established at the Minsk Automobile Plant, the Mogilev Automobile Plant, the Minsk Computer Combine, etc.); the launching of a campaign (linked to the Presidential Administration) in May 2001 to create new regional trade unions which would not be affiliated to the Federation of Trade Unions of Belarus.
10. 230. According to the AAMWU, the FPB has begun to break up under these centrifugal forces. Under pressure from the new president of the Academy of Sciences (a former deputy head of the Presidential Administration), the Academy of Sciences union left the FPB. Trade unions representing workers in state institutions, the health service and railways have also announced their desire to leave the FPB.
11. 231. The AAMWU further alleges that the chairperson of the Mogilev Regional Association of Trade Unions met with the head of the Presidential Administration to work out proposals for replacing the FPB leadership. On 2 July 2002, President Lukashenko decided to appoint L. Kozik, deputy head of the Presidential Administration, to the post of president of the FPB. For one week regional trade union associations held plenary meetings in all regions and issued demands for Vitko’s (the then president of the FPB) resignation and resolutions of no confidence.
12. 232. According to the AAMWU, the entire campaign was directed by the Presidential Administration, which also held talks with Vitko. Members of the FPB Council were subjected to administrative pressures before the plenary. The municipal and regional authorities and enterprise management demanded that Kozik be put forward and elected at the plenary. Council members were summoned to attend municipal and regional executive committees and meetings with representatives of relevant industry ministries. Management threatened them with dismissal if they failed to vote for Kozik. The AAMWU transmitted with its communication a statement made by a worker at the Borisov Automobile and Tractor Electrical Equipment Plant describing the attempts that were made to coerce him into proposing Mr. Kozik for the post of FPB president.
13. 233. The same treatment was experienced by other trade union activists and even the state-run press regarded Kozik’s election to the presidency of the FPB as an appointment by President Lukashenko. Mr. Kozik won a formal majority of votes at the FPB plenary and was thus confirmed as president. Mr. Vitko “voluntarily” resigned.
14. 234. An interesting development followed Kozik’s election. At undertakings where “management” unions had been created, the management ordered company accounts offices to carry out deductions and bank transfers of trade union membership dues. In such cases, Decree No. 1804 seemed no longer to apply. Moreover, deductions were made from all workers’ wages, even those who were not members of the trade union in question.
15. 235. The AAMWU concludes that the FPB has now been subordinated to the Lukashenko regime by the appointment of Kozik as president. Workers’ organizations have been turned into corporate state structures whose function is not to defend the interests of workers but to keep workers compliant.
16. 236. The AAMWU supplements these allegations in its communication dated 12 September 2002. In particular, it provides further details on the manner in which the Government interfered in the activities of the trade unions with respect to the election of the new chairperson of the FPB and the subsequent discharging of Mr. Yaroshuk from the post of chairperson of the Agricultural Sector Workers’ Unions (ASWU).
17. 237. Besides providing more specific information on the intervention of the Government in the “voluntary resignation” of Mr. Vitko, the AAMWU notes that, after the election of Mr. Kozik, the relations between the Government and the FPB, which had been non-existent since the departure of Mr. Gontcharik last year, had suddenly been re-established and a meeting of the National Council on Labour and Social Matters has been held. The FPB had indeed become a sort of subordinate unit within the Presidential Administration. Mr. Kozik carries out confidential missions on the instructions of President Lukashenko. He is the head of the Commission of the Union Treaty with Russia and of the Belarusian-Iraqi Trade and Economic Cooperation Commission. Indeed, Mr. Kozik visited Iraq from 30 August to 3 September 2002 to deliver a message from Mr. Lukashenko to Saddam Hussein.
18. 238. The complainant further specifies that, upon instructions from the Presidential Administration, the plenum of the Council of the ASWU discharged Mr. Yaroshuk from the post of chairperson. This was done in gross violation of the Statute of the ASWU, according to which a chairperson is elected to and discharged from the post only by the Trade Union Congress. In further violation of the Statute, a new chairperson was elected at the plenum of the Council, upon the recommendation of the Minister of the Agrarian and Industrial Complex. Thus, the director of the Department of the Ministry of Agriculture, Mr. Samasyuk, has become the new chairperson.
19. 239. While concluding that it was very difficult to provide additional witness testimony and documentary evidence because the threats and intimidation carried out by the Government have frightened people out of lodging written complaints, the AAMWU was able to forward with its communication of 11 October 2002 the testimony of E.V. Burak, former vice-president of the FPB, concerning the systematic pressure and intimidation by the Government aimed at weakening the influence of the trade union, undermining its finances and replacing its leadership. As regards his own situation, Mr. Burak states that his dismissal from his post as vice-president of the FPB contravened the organization’s own by-laws. While he was elected by the plenary, he was dismissed under an order signed by Mr. Kozik (a copy of the order was attached to his testimony).
20. 240. In its communication dated 18 September 2002, the ICFTU also expresses its deep concern over the Government’s campaign to destroy the independent trade union movement in Belarus, beginning with the steps taken to create “yellow” unions, the pressure placed upon regional union structures to withdraw from the FPB and ultimately leading to the plan to remove the legitimate leadership of the FPB.
21. 241. Following the election of Mr. Kozik as chairperson of the FPB, the ICFTU states that President Lukashenko presented him with an award for his work in the Presidential Administration, issued him a “state certificate” of appointment to the post of chairperson of the FPB and declared him to be a “statesman”.
22. 242. The ICFTU emphasizes however that the basis for an independent trade union movement still exists in Belarus. There are many union leaders and rank-and-file members who do not accept “yellow” unions and have already declared their intention to withdraw from such organizations. However, the Government has already decided to purge the trade union movement of all independently minded leaders and members.
23. 243. Under this pressure, Mr. Mirochnik, president of the Brest regional Association of Trade Unions was removed by a regional union conference. Mr. Kovsh, president of the Brest regional Committee of Science and Education Unions, who had supported Mr. Vitko at the 16 July plenum, received a “recommendation” to resign from his union post.
24. 244. In addition, government officials or senior members of management were also appointed to lead individual union structures. Hence, the new president of the Brest Association of Trade Unions is Nikolai Basalai, hitherto head of the government administration’s Executive Committee for the Moscow district of the city of Brest. And on 22 August in Polotsk, at the plenum of the regional organization of construction workers’ unions, the Deputy Director for Social Affairs and Information of the “OAO Stroitelnii Trest N9” enterprise, in other words, a senior member of management, was elected as chairperson of the regional union committee.
25. 245. In an apparent move to defuse an earlier complaint to the ILO Committee on Freedom of Association, severe measures were also taken against union leaders who had signed that complaint. On 10 September 2002, Mr. Alexander Yaroshuk, president of the ASWU, who had personally signed the ILO complaint, opposed the eviction of Mr. Vitko and the dismissal of Mr. Starikevich (see below) was removed by his union’s plenum. Leaders of some of the union’s regional committees claimed that, owing to Mr. Yaroshuk’s opposition to the Government, they were unable to conduct “social partnership at workplaces”. Thereafter, in violation of the union’s constitution, which allows the election of the union president only by the organization’s congress, the plenum elected as new president of the union, Mr. Vladmiir Samasyuk, former Deputy Agriculture Minister, hitherto working as head of the Investment Department at the Agriculture Ministry.
26. 246. Similar purges are being carried out in the independent unions’ media. Hence, one of Mr. Kozik’s first moves upon taking over the FPB leadership was to dismiss the editor of the FPB newspaper “Belaruski Chas”, Mr. Aleksander Starikevich. Earlier on 25 July, the FPB presidium had opposed the dismissal of Mr. Starikevich.
27. 247. The ICFTU wishes to underscore that the collection of precise information about violations of trade union rights in Belarus has become very difficult, owing to a pervasive climate of fear amongst independent-minded trade union leaders and members. There is no doubt for the ICFTU that this is the result of the various repressive measures taken by the Belarus Government against the trade union movement, whose members and their families are regularly intimidated and threatened by government officials and employers.
28. 248. Meanwhile, the government-appointed leader of the FPB, Mr. Kozik, continues to devote most of his attention to matters of the State, instead of focusing on trade union work. This is best illustrated by his recent mission to Iraq, in September 2002, when he was entrusted by President Lukashenko to hand over a personal letter from him to Mr. Saddam Hussein. Furthermore, Mr. Kozik has retained his function of co-chairperson of the joint Belarusian-Iraqi Trade and Economic Cooperation Commission. He also continued to run the Commission on the Unification Treaty between Belarus and the Russian Federation. The ICFTU considers that the holding of such very senior government positions is fully incompatible with the exercise of important trade union responsibilities.
29. 249. In its communication dated 10 October 2002, the ICFTU transmits a translation of a speech delivered by the President of Belarus, Aleksander Lukashenko, to the recent Congress of the Federation of Trade Unions of Belarus. In this speech, the Head of State, according to the ICFTU, made a number of threats, veiled or open, against the independence and autonomy of trade unions. He also strongly called upon the trade unions to support the State’s – and in particular the President’s own – policies. This applied, amongst other issues, to ideological work as well as political surveillance of the population, dubbed by President Lukashenko as “societal control”. The ICFTU strongly believes that such and other statements by the Head of State constitute unacceptable interference by the authorities in the internal affairs of workers’ organizations and thus represent severe breaches of the principles of freedom of association, the right to organize and the right to collective bargaining.

C. Further replies of the Government

1. 250. In a communication dated 8 May 2002, the Government states that Decree No. 1804 was adopted with the aim of resolving the situation that had arisen as a result of employers who had increasingly fallen into arrears with the transfer to trade union accounts of funds deducted from workers’ wages for the payment of trade union dues. The Government recalled that the Federation of Trade Unions of Belarus (FPB) had complained in September 2001 that arrears in union dues owed by employers totalled 3 billion roubles.
2. 251. The decision of the Council of Ministers placed employers under the obligation to reimburse workers, by 1 February 2002, the funds that had been deducted from their wages for union dues but which had not been transferred to the accounts of the trade unions concerned. According to the Government, the Decree provides that the payment of trade union dues shall be carried out personally by the workers, without deductions being made from their wages, in order to avoid such arrears in future.
3. 252. The Decree eliminated the practice of deduction by employers of union dues from workers’ wages for non-cash transfer to the trade unions’ accounts through the accounting departments of organizations, which had been introduced in the territory of the former USSR by a Decree of the Presidium of the All-Union Central Council of Trade Unions in 1982. It had also always been possible to pay dues personally when a worker so desired.
4. 253. As concerns the complainant’s reference to section 107 of the Labour Code, the Government points out that the first paragraph provides that wage deductions for non-cash transfer may only be made in the cases prescribed by law. Thus, the worker’s agreement to such transfers is not sufficient in the absence of a corresponding legal provision specifically referring to the non-cash transfer of trade union dues. According to the Government, no such legal basis exists at present in the country.
5. 254. While taking due note of the Constitutional Court’s indication that the method of personal payment of trade union dues was not optimal and needed improvement, the Government maintains that its decision was justified and was aimed at eliminating violations and preventing potential conflicts. The Government also refers to the options available to workers to apply for bank transfers of union dues to trade union accounts.
6. 255. The Government concludes that Decree No. 1804 was adopted by the Council of Ministers within the powers conferred upon it, is not contrary to the Constitution and other laws of Belarus and does, in its opinion, not violate the provisions of ILO Conventions.
7. 256. In its communication dated 22 October 2002, the Government, referring to the procedures established in the Republic of Belarus for the registration of trade unions and their organizational units, points out that there are now two Republic-level associations of trade unions in Belarus: the Federation of Trade Unions of Belarus and the Association of Trade Unions “Belarusian Congress of Democratic Trade Unions”, 26 branch unions, 24 enterprise unions and some 26,000 organizational units of trade unions.
8. 257. Since the promulgation of Decree No. 2 of 26 January 1999 of the President of the Republic of Belarus respecting certain measures to regulate the activity of political parties, trade unions and other public organizations, all the trade unions have undergone registration, with only isolated cases of organizational units of trade unions not being registered. Six trade unions were registered in the first half of 2002. There were no cases of refusal to register trade unions. During that period no complaints relating to refusal to register organizational units of trade unions were received by the Ministry of Justice of the Republic of Belarus.
9. 258. As regards Presidential Decree No. 8 the Government states that this Decree does not hinder trade unions from receiving free foreign aid intended for their legal activities in accordance with their by-laws. In 2002, the humanitarian aid department of the President’s Administration received seven applications from trade unions for the registration of free foreign aid. No cases of refusal of trade union applications for registration of free foreign aid or of misuse of aid have come to light.
10. 259. As regards the matters relating to internal trade union democracy and trade union elections, the Government states that it does not interfere in these matters. They are governed by the Act of the Republic of Belarus respecting trade unions and by the trade unions’ by-laws. At the same time, the Government states that any shift in the balance of power within trade unions, which has the effect of the advancement of some trade union officers and the removal of others, objectively results in some being dissatisfied. It is mainly to this that the Government attributes the complaints recently presented to the ILO.
11. 260. In the Government’s view, the legal framework in Belarus affords the necessary opportunities for rank and file trade union members and their leaders to defend their rights, including the rights to apply to the judicial and other competent bodies. The recent elections in the Federation of Trade Unions of Belarus (FPB) took place openly and publicly. The results of the presidium of the FPB and its subsequent plenary session, at which F.P. Vitko was retired and L.P. Kozik was elected president of the FPB, were widely publicized. The plenary session was open to representatives of the state authorities, public organizations and the press. L.P. Kozik’s election as president of the FPB took place in accordance with point 5.7.6 of the FPB’s by-laws.
12. 261. In conclusion, the Government refers to the latest events in the development of social dialogue in Belarus. On 9 August 2002, the National Council on Labour and Social Affairs, a consultative body with equal participation of representatives of the Government, employers’ organizations and trade unions, held a meeting at which it took a decision to set up within the Council a tripartite group of experts on the application of ILO international labour standards. On 18 October 2002, the group of experts held its first meeting, at which it examined its draft regulations (subject to approval by the National Council) and matters relating to the development of technical cooperation between Belarus and the ILO. On this same day, Order No. 1282 of the Council of Ministers of the Republic of Belarus respecting deductions from workers’ wages for the purpose of non-cash payments was adopted. Under the Order, paragraph 2 of Order No. 1804 of 14 December 2001 of the Council of Ministers of the Republic of Belarus, respecting measures to protect the rights of trade union members was amended to read as follows: “2. The payment of trade union membership dues shall be carried out personally by the workers or, at their written request, by deduction of such dues by the employer from the workers’ pay, in order to be transferred through the non-cash method.” The right to transfer trade union dues to the accounts of trade unions through the non-cash method (check-off system) has thus been restored.

D. The Committee’s conclusions

1. 262. The Committee notes that the new allegations in this case refer to the unilateral withdrawal of the check-off system by order of the Council of Ministers on 14 December 2001, which the complainants contend is aimed at the elimination of any independent workers’ organizations. The complainants also provide additional information concerning new acts of interference by the public authorities in the internal affairs of trade unions and, in particular, they allege that the Government has forced the resignation of the president of the Federation of Trade Unions of Belarus (FPB) and imposed the election of the new president, Mr. Kozik, formerly deputy chief of the Presidential Administration. Intimidation has also allegedly been used to replace other regional and sectoral trade union leaders. Further allegations refer to the continuing non-registration of trade union organizations, the dismissal of a trade union leader for not working on a non-workday, and the Government’s appointment of non-representative union leaders as delegates to the ILO Conference.
2. 263. While noting the indication in the Government’s communication of 22 October 2002 that the check-off system which had been terminated by Decree No. 1804 of December 2001 “on measures to protect the rights of trade union members” has now been restored by Order No. 1282 of 18 October 2002, the Committee considers that, in the light of the circumstances surrounding these two decisions, it is nevertheless important to examine the conformity of Decree No. 1804 with freedom of association principles, as well as its impact. The Committee notes that Decree No. 1804 provided that the payment of trade union membership dues should be undertaken by trade union members personally, without deducting the fees from their salaries, thus ending a long history of the use of check-off facilities to pay union dues. Violations were to be sanctioned under the law. The Committee further notes that the Constitutional Court determined that this Decree was constitutional on the basis of existing legislation. According to the Court’s judgement, the Labour Code provision obliging the employer to make deductions from workers’ wages for cashless transfers at the request of the worker refers only to cases where the legislation expressly provides for such transfers (e.g. alimony payments, compensation for material damage). There is apparently no express provision indicating that such transfers must be made in respect of trade union dues.
3. 264. While the complainants state that this Decree runs counter to existing collective agreements, the Constitutional Court points out that the General Agreement for 1998-2000 provided for such transfers, while the Agreement for 2001-03, signed on 25 May 2001, contains no analogous provision. The Court further found that it was within the competence of the Government to issue such a Decree as it is entitled by the lawmaker to adopt enforceable enactments in elaboration of the provisions of the Labour Code.
4. 265. The Constitutional Court noted that the introduction of the check-off system during the Soviet period had resulted in the increase of the state influence on trade unions and a weakening of relations between trade union leaders and their members. In this respect, the Court felt that Decree No. 1804 would be likely to reduce the dependence of trade unions on employers carrying out the requisite transfers. The Court added, however, that such an alteration would not promote the development of harmonious labour relations and should be avoided. It concluded that there was a need to improve the mechanism for the payment of trade union dues and suggested that the solution might be found in a new General Agreement, the improvement of the Labour Code, the Law on Trade Unions, or other laws.
5. 266. Indeed, the Committee would recall that the withdrawal of the check-off facility, which could lead to financial difficulties for trade union organizations, is not conducive to the development of harmonious industrial relations and should therefore be avoided [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 435]. Moreover, emphasizing that the principle of consultation and cooperation between the public authorities and employers’ and workers’ organizations at the industrial and national levels is one to which importance should be attached [see Digest, op. cit., para. 925], the Committee deeply regrets that this decision – purportedly made to protect the rights of unions and their members – was issued without any consultation with the social partners concerned, despite the dramatic effect it was likely to have on the functioning of trade unions. Furthermore, in the light of the complainants’ allegation that check-off facilities were reintroduced in respect of management-controlled unions, and subsequently the Government’s indication that these facilities were restored by Order No. 1282, following a change in the trade union leadership, the Committee cannot but wonder whether the real intentions on the part of the Government were not rather aimed at weakening a trade union movement that it held in disfavour. Under these circumstances, the Committee cannot but condemn the manipulation of the trade union movement apparently intended by the issuance of Decree No. 1804 terminating check-off facilities, only to be restored once the leadership of the FPB had changed.
6. 267. Secondly, the Committee notes the complainants’ allegations concerning the composition of the Government delegation to the ILO Conference in June 2002. While noting that the Government has not yet replied to these allegations and that these matters are essentially within the mandate of the Credentials Committee, the Committee notes the following conclusion drawn in the report of the Credentials Committee to the ILO Conference (before which the Government had sent a written reply):
   • These elements, taken together with the Committee on Freedom of Association’s deep concern over allegations of Government interference in trade union activities cast serious doubts as to the actual purpose of this year’s nomination. In light of all of the above, the Committee considers that the nomination of the Workers’ delegation to the Conference had been in clear violation of article 3, paragraph 5, of the Constitution, thus warranting the invalidation of the credentials of the Workers’ delegation. Since, in the absence of the Workers’ delegation to the Conference, such recommendation would be without any practical purpose, the Committee decided not to propose it this year. It nevertheless expects that the Government would, next year, do its utmost to abide by the obligations it freely accepted when it became a Member of the ILO, including the obligation to nominate the Workers’ delegation to the Conference after full consultations with the most representative organizations in the country and without any interference in this process [see ILC Provisional Record No. 5D, 90th Session, Geneva, 2002].
7. 268. The Committee expresses its deep concern over the violation noted by the Credentials Committee in respect of article 3, paragraph 5, of the Constitution and the significant negative impact such government interference can have on the overall respect for freedom of association in the country. It urges the Government to ensure in the future that all decisions concerning the participation of workers’ organizations in tripartite bodies, both national and international, are taken in full and meaningful consultation with the trade unions whose representativeness has been objectively proved [see Digest, op. cit., para. 943].
8. 269. The Committee further notes that the complainants’ most recent allegations refer to continuing pressure by the government authorities aimed at bringing the overall trade union movement under state control, in particular through the virtual appointment of the former deputy head of the Presidential Administration to the post of president of the Federation of Trade Unions of Belarus (FPB) and other pressure brought to bear to replace regional and industrial union leaders. The Committee takes due note of the Government’s declaration that this complaint is mainly due to the dissatisfaction of some when the shift in the balance of power within trade unions has the effect of the advancement of some trade union officers and the removal of others. The Government maintains that the recent elections in the FPB took place openly and publicly and that the plenary session was open to representatives of the state authorities, public organizations and the press. It states that L.P. Kozik was elected in accordance with the FPB’s by-laws and adds that the legal framework in the country affords the necessary opportunities for rank and file trade union members and their leaders to apply to the judicial and other competent bodies to defend their rights.
9. 270. In this respect, the Committee also takes due note of the specific allegations made by the complainants concerning the pressure brought to bear by the public authorities on the election process and the testimony provided in this respect. The Committee further notes that, while the newly elected president has apparently now been replaced in the Belarusian-Iraqi Trade and Economic Cooperation Commission, he continued to act in his authority as representative of the Executive branch of the Government when visiting Iraq in early September and delivering a message from the President of Belarus to the President of Iraq. The Committee also notes the long speech made by the President of Belarus to the FPB Congress in September wherein he refers to his support for the new president and his support for “everything animate and creative that will be going on in our trade union organization”. Criticizing trade union activities in the recent past, the President suggested that those who had been unsuccessful should just simply leave. He stated that he has passed over materials for societal control to the new FPB president, Mr. Kozik, and suggested that the federation should take over the role of the former party organizations that were responsible for discipline.
10. 271. The Committee considers it of fundamental importance to recall that any interference by the authorities and the political party in power concerning the presidency of the central trade union organization in a country is incompatible with the principle that organizations shall have the right to elect their representatives in full freedom. When the authorities intervene during the election proceedings of a union, expressing their opinion of the candidates and the consequences of elections, this seriously challenges the principle that trade union organizations have the right to elect their representatives in full freedom [see Digest, op. cit., paras. 395 and 397]. Furthermore, on numerous occasions the Committee has considered that the presence of public authorities during a trade union election constitutes undue interference with the right of workers to elect their officers in full freedom.
11. 272. The Committee also notes with deep concern the further allegations of interference in regional trade union elections, including the removal of Mr. Mirochnik, president of the Brest Regional Association of Trade Unions, Mr. Kovsh, president of the Brest Regional Committee of Science and Education Unions and Mr. Yaroshuk, president of the ASWU (complainant in this case). Mr. Mirochnik and Mr. Yaroshuk have apparently been replaced with former government officials.
12. 273. In the light of the above, the Committee cannot but conclude that there has been undue interference by the public authorities in recent trade union elections in Belarus. The Committee emphasizes that the right of workers’ organizations to elect their own representatives freely is an indispensable condition for them to be able to act in full freedom and to promote effectively the interests of their members. For this right to be fully acknowledged, it is essential that the public authorities refrain from any intervention which might impair the exercise of this right [see Digest, op. cit., para. 353].
13. 274. The Committee therefore strongly urges the Government to institute an independent investigation immediately into the allegations relating to government interference in trade union elections with the aim of rectifying any effects of this interference, including, if necessary, the holding of new elections in circumstances where an independent body with the confidence of the workers concerned can ensure that there will be no interference, pressure or intimidation by the public authorities. The Committee requests the Government to keep it informed of the progress made in this regard.
14. 275. Moreover, recalling the importance which it attaches to the 1952 resolution of the International Labour Conference concerning the independence of the trade union movement which affirms that “Governments in seeking the cooperation of trade unions to carry out their economic and social policies should recognize that the value of this cooperation rests to a large extent on the freedom and independence of the trade union movement as an essential factor in promoting social advancement and should not attempt to transform the trade union movement into an instrument for the pursuance of political aims”, the Committee expresses its deep concern at the apparent confusion of roles demonstrated by the new FPB president’s activities on national and international commissions with widespread political implications which cannot be considered as directly affecting the fundamental mission of the trade union movement to promote the economic and social advancement of workers and which may seriously compromise the independence of that movement. In this respect, the Committee considers that the statement made by the President of Belarus suggesting that the FPB should take over the role of the former party organizations responsible for discipline represents a clear attempt to transform the trade union movement into an instrument for the furtherance of its political aims. It therefore urges the Government to refrain from any further such attempts in the future so that the Belarus trade union movement may act in full freedom and independence.
15. 276. The Committee also notes the additional allegations presented by the Belarusian Free Trade Union (BFTU) concerning the trade union leader, Mr. Evgenov, dismissed for refusal to work on his day off (unpaid voluntary labour, known as “subbotnik”). The Committee recalls from its previous examination of this case that it had been called upon to examine the anti-union dismissals of two other trade union leaders, Mr. Evmenov and Mr. Bourgov, for not working the “subbotnik”. The Committee had found that these dismissals were not justified and urged the Government to take the necessary measures to ensure that these two trade unionists were reinstated in their posts with full compensation for any lost wages and benefits [see 324th Report, para. 212, and 325th Report, paras. 175?177]. The Committee now requests the Government to investigate the circumstances surrounding the dismissal of Mr. Evgenov and if it is found that he was dismissed for not working on the “subbotnik” or for any other reason related to his trade union activity to ensure that he is reinstated in his post with full compensation for any lost wages and benefits. The Government is requested to keep the Committee informed on the measures taken in respect of the reinstatements of Mr. Evmenov, Mr. Evgenov and Mr. Bourgov.
16. 277. The Committee deeply regrets that, once again, the Government has not provided any of the information requested in its previous examination of this case on the measures taken to institute independent investigations into: the threats of dismissal made to members of the GPO “Khimvolokno” Free Trade Union and to the members of the Free Trade Union at the “Zenith” Plant; the allegations of the refusal to employ the re-elected chairperson of the Free Trade Union of Metalworkers at the Minsk Automobile Plant, Mr. Marinich; the questions surrounding the establishment of a regional trade union of electronics industry workers by the Research and Production Association of the Integral Amalgamation and the decision taken at the Tsvetotron Plant to affiliate to the new regional union; and the allegations concerning threats and pressure placed upon the workers at the Rechitskij Hardware Plant in Gomel to leave the branch union and set up new unions. The Committee once again requests the Government to keep it informed of the progress made in instituting these investigations, as well as their outcome.
17. 278. The Committee further notes from the allegations made by the BFTU that the Belarusian Free Trade Union of the Workers of the Khimvolokno State Production Amalgamation is still being refused registration on the basis of the requirements established under Decree No. 2 “on some measures to improve activities of political parties, trade unions and other public organizations” (10 per cent minimum membership, occupational requirement for trade union membership) which have previously been criticised by this Committee and the Committee of Experts on the Application of Conventions and Recommendations as being in violation of the right of workers to form organizations of their own choosing under Article 3 of Convention No. 87. The Committee therefore urges the Government to take the necessary measures to ensure that the BFTU is registered immediately and to eliminate all obstacles to trade union registration which had been noted in its previous reports [see in particular, 324th Report, paras. 197-202]. It requests the Government to keep it informed of all measures taken in this regard.
18. 279. Finally, the Committee notes with deep regret that, with the exception of a general indication that it had not received any complaints concerning Decree No. 8 and that seven applications from trade unions to receive foreign funds had been approved, the Government has provided no additional information as to the measures it has taken in respect of the following recommendations made when this case was last examined one year ago: the need to amend Presidential Decree No. 8 so that workers’ and employers’ organizations may benefit freely, and without previous authorization, from the assistance which might be provided by international organizations for activities compatible with freedom of association; the need to initiate an independent investigation into the allegations raised by the BFTU concerning the unlawful entry into union premises and the confiscation and destruction of union property and papers and to ensure that any confiscated property and papers are promptly returned to the union; and the need to amend Presidential Decree No. 11 so as to ensure that restrictions on pickets are limited to cases where the action ceases to be peaceful or results in a serious disturbance of public order and so that any sanctions imposed will be proportionate to the violation incurred. The Committee urges the Government to provide information on the measures taken in this respect.
19. 280. In conclusion, the Committee notes with deep alarm that since the submission of this complaint in 2000 it has not been able to note any progress towards the implementation of its recommendations. To the contrary, it would appear that a serious deterioration in the respect of trade union rights has occurred in the country. It therefore urges the Government to take all necessary measures to bring the national law and practice into conformity with freedom of association principles as a matter of urgency.