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Reports on Compliance by Belarus with ILO Conventions

Presentation by John Grayston Centre for Social and Economic Research – CASE Report Eversheds LLP Report. Reports on Compliance by Belarus with ILO Conventions. BEUBC ILO REPORTS. Eversheds LLP legal compliance report CASE Report

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Reports on Compliance by Belarus with ILO Conventions

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  1. Presentation by John Grayston Centre for Social and Economic Research – CASE Report Eversheds LLP Report Reports on Compliance by Belarus with ILO Conventions

  2. BEUBC ILO REPORTS Eversheds LLP legal compliance report CASE Report Report on wider compliance issues with recommendations for future actions.

  3. 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

  4. 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)‏

  5. Recent History ILO Commission of Inquiry (July 2004)‏ 12 Recommendations EU Council Decision to revoke GSP ( December 2006)‏ GSP Revoked 15 June 2007

  6. CASE Report Structure Part A Opinion on Current Compliance Part B Comparative Comments Part C How to restore GSP

  7. 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

  8. 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

  9. 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

  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

  11. 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

  12. 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

  13. Implementation of Recommendations Statements of compliance made but compliance still disputed Recommendation 1 Recommendation 5 Recommendation 6 Recommendation 7 Recommendation 8 Recommendation 9

  14. Implementation of Recommendations NO action taken where expressly required Recommendation 10 Law on Mass Activities

  15. 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.

  16. 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

  17. 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

  18. 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

  19. 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

  20. 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

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