GB.347/INS/14(Rev.1)/Decision

Decision concerning the options for measures under article 33 of the ILO Constitution, as well as other measures, to secure compliance by the Government of Belarus with the recommendations of the Commission of Inquiry in respect of Conventions Nos 87 and 98

Record of decisions | 20 March 2023
The Governing Body, on the recommendation of its Officers:

(a) requested the Director-General to:

(i) ensure that no technical cooperation or assistance to the Government of Belarus is considered or undertaken by the Office, except for the purpose of direct assistance to implement immediately the recommendations of the Commission of Inquiry;

(ii) take the necessary steps to ensure that no invitation to attend meetings, symposia or seminars organized by the ILO is extended to the Government of Belarus, except for meetings that have the sole purpose of securing immediate and full compliance with the recommendations of the Commission of Inquiry;
 
(b) recommended to the International Labour Conference to consider at its 111th Session (2023), the measures under article 33 of the Constitution outlined in the following draft resolution;

(c) invited the Government of Belarus to submit to the Director-General by 1 May 2023 any relevant information.

(GB.347/INS/14(Rev.1), paragraph 17)

Draft resolution

The General Conference of the International Labour Organization; Meeting in Geneva at its 111th Session, 2023;

Considering the proposals by the Governing Body of the International Labour Office, under the ninth item of its agenda, with a view to the adoption, under article 33 of the ILO Constitution, of actions to secure compliance with the recommendations of the Commission of Inquiry established to examine the observance by the Government of Belarus of 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);

[Having taken note of the additional information provided by the Government of Belarus …];

(a) decides to hold at its future sessions a special sitting of the Committee on the Application of Standards for the purpose of discussing the application of Conventions Nos 87 and 98 by the Government of Belarus and the implementation of the recommendations of the Commission of Inquiry, so long as this Member has not been shown to have fulfilled its obligations;

(b) invites the Organization’s constituents – governments, employers and workers – to:

(i) review, in the light of the conclusions of the Commission of Inquiry, the relations that they may have with the Government of Belarus and take appropriate measures to ensure that the Government of Belarus cannot take advantage of such relations to perpetuate or extend the violations of workers’ rights in respect of freedom of association, and to contribute as far as possible to the implementation of its recommendations, including the creation of a climate promoting freedom of association;

(ii) ensure that the principle of non-refoulement is respected in line with international law, given that trade union and human rights defenders are at risk of persecution in Belarus;

(iii) report back to the Director-General for transmission to the Governing Body;
 
(c) invites the Director-General to:

(i) inform the international organizations referred to in article 12(1) of the ILO Constitution of the Government of Belarus’ failure to comply with recommendations of the Commission of Inquiry, as well as of any developments in the implementation by the Government of Belarus of the recommendations of the Commission of Inquiry;

(ii) call on the relevant bodies of these organizations to reconsider, within their terms of reference and in the light of the conclusions of the Commission of Inquiry, any cooperation they may be engaged in with the Government of Belarus and, if appropriate, to cease as soon as possible any activity that could have the effect of directly or indirectly justifying the absence of actions to redress the situation concerning the non-respect of trade union rights in the country;

(iii) engage with the United Nations (UN) Special Rapporteur on the situation of human rights in Belarus, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, and the UN Special Rapporteur on the independence of judges and lawyers with a view to ensuring coordinated action on recommendation No. 8 of the Commission of Inquiry concerning the need to guarantee impartiality and independence of the judiciary and justice administration;

(iv) engage with the Office of the UN High Commissioner for Refugees (UNHCR) and other relevant agencies and organizations with a request to also support Belarusian independent trade union activists and their families and inform UNHCR country guidelines;

(v) submit to the Governing Body a periodic report on the outcome of the measures set out in paragraphs (c)(i), (ii) and (iii) above;
 
(d) urges the Government of Belarus to receive as a matter of urgency an ILO tripartite mission with a view to gather information on the implementation of the recommendations of the Commission of Inquiry and subsequent recommendations of the supervisory bodies of the ILO, including a visit to the independent trade union leaders and activists in prison or detention.