BKDP submits a report to the UN Human Rights Council

The Belarusian Congress of Democratic Trade Unions (BKDP) submits a report to the UN Human Rights Council for the 50th session of the Universal Periodic Review (UPR). The document speaks of the complete liquidation of independent trade unions in Belarus, repression against more than 70 trade union activists and the systematic use of forced labour.

BELARUS

UPR Review

50th session of the Universal Periodic Review (UPR) Working Group

 

Trade union submission

Belarusian Congress of Democratic Trade Unions (BKDP)

1. A distinct category of Belarusian population has been repressed by the Government after 2020 Presidential elections is activists of the labour movement  - independent trade unions.

1.1 There are two categories of trade unions: 1) independent trade unions (Free Trade Union of Metalworkers (SPM), Free Belarusian Trade Union (SPB), Belarusian Independent Trade Union (BNP), Belarusian Trade Union of Radio-Electronic Industry Workers (REP) and their association - Belarusian Congress of Democratic Trade Unions (BKDP)) and 2) pro-government trade unions under the Federation of Belarusian Trade Unions (FPB).

1.2 Independent trade unions have been forcibly liquidated by the State in July 2022. Only State-backed trade unions, that carry out the official policy of the State, do not comply with the requirements of the independence, focus on management of real estate and organises presidential elections, operate in Belarus. Its chair is included in the Presidential Personnel Registry.

The information below demonstrate lack of implementation of the recommendations received after the last UPR in 2020 [Annex 1]

2. The freedom of association, ILO Conventions C087 and C098; ICCPR, Art. 22; ICESCR, Art. 8

2.1. In July 2022, all independent trade unions were forcibly liquidated by the Supreme Court on the same type of lawsuits by the Prosecutor General in connection with “the implementation of destructive activities, that does not meet the goals stated in the charter, aimed at an unconstitutional change of power in the Republic of Belarus”.

2.2. Supervisory complaints of SPM, BNP and SPB were rejected by the Supreme Court in March-August 2023. Inter alia, SPM and SPB - due to the lack of authority to file a complaint. According to Belarusian law, the liquidation of a legal entity terminates the power of attorney. The forced liquidation of the trade union excludes the possibility to appeal. 

2.3. To operate legally, trade unions must be registered. Independent trade unions cannot legally function in Belarus. Those involved face criminal charges and up to 7 years' imprisonment for pursuing union goals or related human rights work. As a result of the forced dissolution in the country, BKDP now operates from exile.

2.4. As of the time of writing [Annex 2]: 

- the State has persecuted more than 70 trade unionists. Among these, some were imprisoned, some were subject to the restriction of freedom, while others had been released but not exonerated;

- 28 trade unionists are imprisoned, e.g. Aliaksandr Yarashuk, BKDP chair, ILO Governing Body member. 

2.5. Administrative arrests. Many workers are subjected to administrative arrests (up to 30 days per charge) for trade union activities and affiliation (e.g., Kyril Barstok - 25 days, Andrei Shkirenka - 15 days, Aliaksandr Liashkou - 15 days. It was his the fourth consecutive administrative isolation, which amounts to 59 days).

2.6. Unfair dismissals. Belarusian authorities are systematically persecuting trade unionists and participants of the 2020 National Strike, including unfair dismissals and the non-renewal of labour contracts (e.g. Minsk Electrotechnical Plant Named After Vi Kozlov, Belarusian Nuclear Power Plant, Belarusian Railways, Peleng, Belaruskali, Naftan, Grodno-Azot).

2.7. Interrogations, detentions at workplaces. At State-owned enterprises, coordinated actions by KGB, GUBOPiK, management, and State-backed trade unions involve workplace interrogations, detentions, and unlawful dismissals of employees for participation in peaceful protests, opposition to the regime, cooperation with banned NGOs or independent trade unions, or anti-war views (e.g. Rinaplastik, Lakokraska, Vitebskenergo, Naftan, Mozyr Oil Refinery, Grodno Azot, Belaruskali).

2.8. Searches. KGB and GUBOPiK frequently conduct searches in the homes of trade unionists and their families. E.g., in 2024, the apartments of Maksim’s Pazniakou, acting BKDP chair, 75-year-old mother were searched, and she was interrogated three times; on 8 January 2024, a search was conducted at the residence of Aliaksei Malinouski, a Naftan strike participant; in April 2024, searches took place twice at the apartment of Ihar Komlik, SPM lawyer.

2.9. Right to collective bargaining restrictions:

(a) local level: collective agreements at State-owned enterprises discriminatory offer key social benefits (e.g. bonuses, healthcare, retirement benefits) only to members of pro-government unions (FPB) (e.g., Minsk Electrotechnical Plant Named After Vi Kozlov, Naftan, Grodno Azot Service, Belaz, Belaruskali, TAiM, Belarusian State University).

(b) state level: independent trade unions, forcibly liquidated, cannot legally participate in national labour bodies (e.g. National Council for Labour, Tripartite Council) or negotiate General Agreements.

2.10. Mass events restrictions. Belarusian law exclude the possibility of using mass events for independent trade union activities: (i) there is only a permitting procedure with discretionary powers of State authorities to refuse; (ii) forcibly liquidated trade unions do not have a legal capacity to organise mass events; (iii) persons convicteed under “extremist” charges (e.i. trade union leaders and activists [Annex 3] are deprived of the right to organise mass events.

2.11. Foreign gratitous aid restrictions. Belarusian law exclude the possibility of using foreign gratitous aid for independent trade union activities: (i) forcibly liquidated trade unions do not have a legal capacity to receive it; (ii) aid could be used to carry out “terrorist” and “extremist” activities, other acts prohibited by law, those that harm / threaten national security, state, public interests and to organise or hold assemblies, demonstrations, strikes, produce or distribute campaign materials, hold seminars and other activities aimed at “political and mass propaganda work”.

The broad application of “extremism” laws by the Government effectively criminalises core trade union activities - it is impossible to receive foreign gratuitous aid.

2.12. The Government more then 20 years intentionally fails to take measures to address the recommendation of the Commission of Inquiry appointed under article 26 of the ILO Constitution due to systemic violations of the freedom of association and the ILO jurisprudence based on the application of Article 33 of the ILO Constitution in 2023.

3. Right to work, ICESCR Art.(s) 6, 7; ILO Conventions C029 and C105; ICCPR, Art. 8

3.1. “Extremist” restrictions

3.1.1. Individuals convicted under “extremist” charges face post-sentence restrictions, including inclusion on “extremist” lists and preventive observation. Their right to work is limited by bans on certain professions - e.g. in narcotics, weapons, education, publishing, public service, and military. The duration of restriction - up to 10 years.

3.1.2. The Government continues to worsen the legal status of “extremists”. A draft amendment to the Law “On Ensuring Children's Rights” proposes a ban on convicted of “extremist crimes” from engaging in pedagogical activities, sports education, or holding positions involving work with children. The draft was submitted to the House of Representatives by the Council of Ministers on 20 December 2024 and adopted in the first reading on 7 February 2025.

3.1.3.  From 1 January 2025, there was established a legal ground for forced removal of children from the family and deprivation of parental rights – administrative responsibility under 19.11 of the CAO “Distribution, manufacture, storage, transportation of information products containing calls to extremist activity or propagandizing such activity”.

3.2. Dismissals for strikes

Belarusian law violates the right to work for workers participating in strikes. From 30 June 2021, the specific grounds for dismissal due to strike organising and participation were added into Labour Code - Art. 42 (7). The legal procedure of strike organisation is not feasible, burdensome organizationally and characterised by long periods of time for completing all actions, as a result of which it is ineffective. 

3.3. Labour contracts

Almost all workers work on the basis of fixed-term “labor contracts” for a period up to 5 years. Their features are: (i) the discretionary right of the employer not to renew contracts without reasoning with one month notice. Workers are in a state of precarious employment. Such dismissal is used by State-owned employers as repression against NGO activists and trade unionists; (ii) the right to terminate employment is limited for workers. The ILO consider such contracts under the umbrella of “decent jobs with adequate protection” and the part of the right to work and the violation of the ILO C122 Convention and ICESCR (Art. 6).

3.4 Social ”parasites”

3.4.1. Financial penalties are imposed on “able-bodied citizens not employed in the economy”. This violates ICESCR (Art. 6) and the C029 Convention (Art. 2(1)), which defines forced labour as work exacted under threat of penalty without voluntary consent.

3.4.2. Those classified as “able-bodied”  must pay significantly higher communal utility charges (5 times more) for hot water, gas, and heating. A special tax procedure subjects them to a higher income tax rate (26% vs. 13%) if their income cannot be verified through standard categories (loans, gifts, etc.), risking administrative or criminal penalties.

3.4.3. The definition of “able-bodied” is extremely broad and has expanded 13 times since the 2020 Presidential elections, often targeting civil society and trade unionists. Only those working or studying in Russia, Kazakhstan, Armenia, Kyrgyzstan are exempt. This discriminatory practice targets those fleeing political persecution due to risk of extradition, violating ILO Convention C105 in addition to ICESCR and ILO Convention C029.

3.5. Discrimination against women

3.5.1. Despite reducing the list of professions closed to women from 181 to 88 in 2022, significant barriers to equal employment remain. The elimination of some exclusions mainly affects obsolete professions and does not significantly improve access to modern employment. 

3.5.2. Gender-based wage inequality remains significant, with a 26,5% overall pay gap (2023). Women are paid less across various sectors due to a compensation system that includes bonuses and allowances, typically more accessible to men. Career advancement opportunities remain unequally distributed, with women facing a glass ceiling in both public and private sectors.  In 2023, the involvement of women in entrepreneurship is 36.4% with few as employers or founders, further hindered by a disproportionate burden of household and childcare.The Convention on the elemination of all forms of discrimination against women, Art. 11; ICESCR, Art. 3; ICCPR, Art. 26; ILO Conventions C111 and C100 are violated.

4. Prohibition of all forms of slavery, ILO Conventions C029 and C105; ICCPR, Art. 8

4.1. Forced labour of the inmates under the restriction of freedom and imprisonment

4.1.1. Inmates’ labour is mandatory for certain criminal penalties, including restriction of freedom (served in open-type correctional institutions (IOUTs)) and imprisonment (served in penal colonies (PCs)). 

4.1.2. Official statistics on the total number of inmates are not publicly available. In 2020/2021/2022/ 2023/2024, 7750/8065/8062/7726/7445 persons were sentenced to imprisonment and 1613/2006/2018/1623/1677 - to restriction of freedom.

4.1.3. Incarcerated persons are obliged to work according to national law.

4.1.4. Refusal to work or labour violations result in harsh penalties:

(a) restriction of freedom - inter alia disciplinary isolation up to 15 days in a punishment cell with deprivation of the right for letters, packages, to purchase food, read books, newspapers, etc. Three penalties may lead to replacement of the restriction of freedom with imprisonment;

(b) imprisonment - inter alia (a) deprivation of the right to receive the next parcel or visit; (b) placement in a punishment cell; (c) transfer to a stricter regime; (g) imposing imprisonment for up to 1 or 2 years. 

4.1.5. Incarcerated persons are assigned to work in IUOTs or in external organisations selected by the administration, including private entities. In most cases, they are sent to enterprises affiliated with the Lukashenko regime - woodworking, agriculture (e.g. Belovezhsky, Khodkovtsy) and other State-linked sectors. Work placements are often uncoordinated and not based on detainees’ consent or skills. Similarly, in PCs forced labour is carried out either within production workshops or, more commonly, in external enterprises connected to the regime, including metalworking enterprises, the automotive and military industries (e.g. Belshina, MAZ, Minsk Gear Plant, Minsk Wheel Tractor Plant).

4.1.6. Inmates perform low-skilled, low-paid work (e.g. livestock care, cleaning, metalwork) for €100-200/month (restriction of freedom) or €0.29-30/month (imprisonment).

This system leads to widespread violations of labour laws, creating degrading and dangerous conditions that harm inmates’ dignity, health, and safety. Key issues include: psychological abuse; repairs or purchases of work equipment under threat of punishment; violations of labour protection laws, including inadequate medical exams, safety training, lack of personal protective equipment (inmates and their relatives are forced to buy it to avoid harm to health or the inability to work - the consequence of which is a severe disciplinary sanctions; excessive working hours (80+ per week); inadequate medical care.

4.1.7.  Labour legislation applies to inmates only to a limited extent: employment contracts are not concluded; labour and occupational safety legislation applies selectively; imprisoned are entitled to annual leave, however, its duration falls below the statutory minimum.

4.1.8. Inmates are required to perform unpaid collective self-service tasks, such as cleaning, landscaping, and maintenance of IUOT/PC facilities. Such work is performed in addition to general labour, typically during free time, with a stated limit of 14 hours per week. However, this limit is often exceeded, and the work is often using as a form of punishment, degrading the dignity of incarcerated individuals.

4.1.9. Compulsory labour imposed on convicted for exercising freedom of expression, association, and peaceful assembly (political prisoners, trade unionists). Such labour is unlawful, as it lacks a legitimate judicial sentence (ICCPR, Art. 8 (3)(b); ILO Convention C029, Art. 2(c)). These sentences constitute persecution for political activities and violate ILO Convention C105, which prohibits discriminatory forced labour. Forced labour is used as additional punishment, including: marking with a yellow tag; assigning additional or more degrading work; denying opportunities for professional advancement and wage increases, and withholding incentives.

4.2. Forced labour in medical labour centres 

4.2.1. Medical Labour Centres (LTPs) are Soviet-era institutions originally intended for rehabilitating individuals with alcohol or drug dependency. Approximately 8000 individuals are sent annually. LTPs function as detention centres resembling criminal incarceration outside the penitentiary system, providing the State with a source of unpaid labour. They are managed by the Ministry of Internal Affairs (specifically, the Department of Corrections), not the Ministry of Health.

4.2.3. Individuals can be held in LTPs for up to 24 months, with possible extensions of 6 months.

4.2.4. Based on the duration and the character of the rights limitations, guarantees of a fair trial and the right to defence are applicable but have been violated by the State. Courts make these decisions with broad discretion, often during trials lasting only a few minutes. Detainees lack legal representation, and public hearings are used to stigmatize.

4.2.5. While detainees are compelled to work under threat of punishment and cannot leave the LTP territory, they are not obligated to undergo medical treatment. Only refusal to work may result in punitive measures, e.g. up to 10 days in disciplinary isolation (no visits, calls, correspondence, or access to personal belongings, or bedding (except at night)).

4.2.6. Persons placed to LTPs are limited in the right to choose the place of work freely. Work assignments are limited to: (i) LTPs; (ii) state-owned enterprises under the Department of Corrections; (iii) State-affiliated organizations located at LTP sites. 

4.2.7. Detainees cannot choose their place of work or express preferences. Occupational safety requirements are being violated on a massive scale. Most labour rights are not observed: (i) no employment contract is signed; (ii) wages are restricted in use; (iii) no collective bargaining rights; (iv) no wage preservation upon reassignment, etc.

Accordingly, the UPR WG should ask that the Government of Belarus:

1. End repression against workers, civil society activists, NGOs, and independent trade unionists; reinstate unfairly dismissed workers with compensation.

2. Repeal the Decree of the President № 3 of 2 April 2015 “On promoting employment of the population”, Art. 63-1 (para. 14-1) of the Tax Code, and implementing legislation.

3. Repeal Art. 42 (7) of the Labour Code on dismissals for strikes.

4. Repeal the Law “On countering extremism” № 203-Z of 4 January 2007 and other related laws.

5. Amends the Law “On mass events” № 114-Z of 30 December 1997, the Decree of the President of the Republic of Belarus “On foreign gratuitous aid” № 3 of 25 May 2020 and other related legislation. The amendments should be directed at: end sanctions for single trade union violations; ensure lawful restrictions on mass events align with freedom of association; bring the scope of activities for which foreign gratitude aid can be used into accordance with freedom of association.

6. Effectively ensure the use of alternative types of employment contract and trade union involvement in their terms.

7. Restore all independent trade unions (SPM, SPB, BNP, REP and their association - BKDP).

8. Engages with the ILO in good faith with a view to fully implement all outstanding recommendations of the ILO Commission of Inquiry, supervisory bodies and Article 33 of the ILO Constitution legal mechanism.

   
   

Download UPR factsheets page 1 and page 2

A coalition of Belarusian NGOs has submitted a joint report on Belarus’s fulfillment of its human rights obligations under the fourth cycle of the UPR, which included a contribution from the BKDP. Please follow up with us for any questions or requests for further information: maryia.zharylouskaya@gmail.com, bkdpcongress@gmail.com

The full version of the document is here