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Reports on Compliance by Belarus with ILO Conventions

Presentation by John Grayston Centre for Social and Economic

Research – CASE ReportEversheds LLP Report

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BEUBC ILO REPORTS

• Eversheds LLP – legal compliance report

• CASE Report – Report on wider compliance issues with

recommendations for future actions.

Background

• International Labour Organisation– Created in 1919 – Specialised Agency of United Nations since 1946– Essence of ILO is its TRIPARTITE structure -

governments, employers and workers create policy.– Labour standards set out in Conventions– 181 Members including Belarus

European Union

• 27 Member States each with different national traditions and practices in relation to labour rights

• ILO Conventions provide “ a common foundation to trades union rights in all Member States”

• EU Charter on Fundamental Rights; EU Social legislation; EU jurisprudence (ECJ/CFI)

Recent History

• ILO Commission of Inquiry (July 2004)

• 12 Recommendations

• EU Council Decision to revoke GSP ( December 2006)

• GSP Revoked 15 June 2007

CASE Report

• Structure

– Part A Opinion on Current Compliance– Part B Comparative Comments– Part C How to restore GSP

CASE Part A

• Assessment of compliance with ILO Conventions 87 and 98

• Analysis of current ILO – Belarus Dialogue• Legal Compliance with ILO Recommendations• Overview and comparisons with compliance in Ukraine

and Romania

Convention 87

• Meeting the requirements of Article 2

– Right to freely establish and join organisations of a worker’s own choosing.

– Issue: Presidential Decree No 2 - legal address and minimum membership requirements.

– Commission of Inquiry Recommendation No 2

Convention 87

• Meeting the requirements of Article 3

– Right of an organisation to freely elect representatives, organise administration and activities and formulate programmes

– Issue - Law on Mass Activities– Commission of Inquiry Recommendation No 10

Convention 87

• Meeting the requirements of Articles 5 and 6

– Right for organisations to join federations and international organisations

– Issue : conflict with Presidential Decree No. 24– Commission of Inquiry Recommendation No 9

Convention 98

• Subject matter - prevention of anti-union discrimination before during and in relation to termination of employment

• Issue - evidence of de facto discrimination

• Commission of Inquiry Recommendation No 7 – creation of independent investigation

Implementation of Recommendations

• Express action taken by Belarus Government

– Recommendation 3 - Republican Registration Committee abolished.

– Recommendation 11 – CDTU leader given a seat on National Council on Labour and Social Issues

Implementation of Recommendations

• Statements of compliance made but compliance still disputed

– Recommendation 1 – Recommendation 5 – Recommendation 6– Recommendation 7– Recommendation 8– Recommendation 9

Implementation of Recommendations

• NO action taken where expressly required

– Recommendation 10 Law on Mass Activities

Routes to Compliance (Section 4.3.2)

• It is harder to show reform in PROCEDURE than to show a change in LAW

• Change in procedure is de facto an on-going activity• Easier issues should be dealt with first - eg

Recommendations 5 and 6.• All change requires political will - there were clear signs

of political will and action from mid 2006 through into 2007. This did not prevent the withdrawal of EU GSP - but can be built on to secure its reinstatement.

Comparative Views on Trade Union activity

• Ukraine– Trades Union density– Trades Union membership levels– Collective Bargaining

• Romania– Conditionality of EU Accession aspirations– Adoption of laws does not necessarily lead to change– Distinct difference between pre 1991 and post 1991

approach– Time line for reform: 1991 -1993-1997

CASE Report – Part B

• Romania - Laws in compliance with EU standards - but there are still complaints

• Ukraine - Legal base has been improved but there are still Major Violations at local level

• Pakistan – Sanctions avoided despite massive violations

CASE Report – Part C

• Belarus is the subject of EU negative conditionality - ie failure to comply resulted in EU withdrawing GSP

• Scope of the Recommendations will be non-negotiable – but transition periods could be discussed for issues which raise specific internal sensitivities

• A fully harmonised set of laws would provide a strong and effective platform to lobby for reinstatement

• But Laws alone will not be enough the laws should reflect substantive reforms in practice. For the ILO the adoption of a real tripartite approach will be critical

Case Report – Part C

• Gaining momentum for reinstatement will be difficult

• EU will not want to let negative conditionality go without being sure that real reforms are in place - this may take considerable time

• Belarus Government should make clear its policy on ILO compliance and distance itself from all instances where non-compliance arises from private sector/ private party actions

Case Report – Part C

• ILO and EU have committed themselves to reinstate GSP conditional on full compliance with the 12 Recommendations

• This provides a mandatory route map

• Others may wish to broaden or extend the list of issues

• All sides should focus now exclusively on the 12 ILO compliance Recommendations