Forced labor: how the Belarusian government does (not) comply with international obligations

What is forced labor?

According to Article 13 of the Labor Code, forced labor is considered to be labor required from a worker under threat of any violent influence, including as:

1) means of political influence or education, or as a punishment for the presence or expression of political views or ideological beliefs contrary to the established political, social, or economic system;
2) methods of mobilizing and using labor for economic development;
3) means of maintaining labor discipline;
4) means of punishment for participating in strikes.

The Labor Code lists what is not considered forced labor:

1) work performed as a result of a court decision that has entered into force under the supervision of state bodies responsible for observing the rule of law in the execution of court sentences;
2) work performed in correspondence with the legislation on military service, alternative service, or extraordinary circumstances.

How are forced labor issues regulated by national legislation?

Forced labor is prohibited by the legislation of the Republic of Belarus. According to Part 4 of Article 41 of the Constitution, forced labor is prohibited, except for work or service on the basis of a court decision or in accordance with laws on emergency and martial law.

How is the prohibition of forced labor regulated at the international level?

At the international level, the prohibition of forced labor is enshrined in two main documents:

• Forced Labour Convention, 1930 No. 29;
• Abolition of Forced Labour Convention, 1957 No. 105.

The prohibition of forced labour is also contained in the International Covenant on Civil and Political Rights. All three international documents have been ratified by the Republic of Belarus. This means that our state has assumed the obligation to comply with their provisions.

What international structures deal with forced labor issues?

Since 1954, the Republic of Belarus has been a member of the International Labour Organization (ILO), one of the oldest specialized agencies of the United Nations. However, technical cooperation between the Republic of Belarus and the ILO is currently suspended. Nevertheless, our country remains obliged to report to the International Labour Organization every two years on 12 priority conventions, including conventions on the abolition of forced labour No. 29 and No. 105.

What violations by the Republic of Belarus of its international obligations regarding the prohibition of forced labor are indicated by the International Labour Organization? And what changes have taken place in the Republic of Belarus in this regard?

Based on the results of the work done in accordance with the conclusions of the Committee on the Application of Standards (Сonference Сommittee) during the International Labour Conference in June 2019 (108th session), the following can be noted.

Articles 1(1), 2(1), 2(2)(c) of Convention No. 29. Forced labor, assigned by national legislation for certain categories of workers and persons.

Financial sanctions imposed on the unemployed.

The Committee noted that "in connection with the amendments made in 2018 to Presidential Decree No. 3 of 2015, the Committee notes the government's indication in its report that, according to the amended decree, people who are "able-bodied" and able to work, but not employed, must pay the full price for utilities and public services without any government subsidies." In connection with this issue, the committee took note of the comments of the Belarusian Congress of Democratic Trade Unions (BKDP) which stated that replacing the "social parasite" fee with the obligation to pay a higher price for utilities and public services is another form of financial punishment for citizens of Belarus. The BKDP also noted in its remarks that the replacement of terminology in the decree retains the same repressive and discriminatory nature and represents indirect coercion to work.

And what changes have taken place in the Republic of Belarus in this regard?

The latest amendments to Decree No. 3 of April 02, 2015 On the Promotion of Employment were introduced on January 25, 2018. It was then that the levy on those citizens who were considered unemployed was abolished.

Permanent commissions for the promotion of employment have been given the right to make decisions to refer able-bodied unemployed citizens leading an antisocial lifestyle to labour therapy centres (LTP).

Persons held in labour therapy centres (LTP).

Another vulnerable group that the committee is interested in are those categories of persons who may be involved in forced labor in accordance with the norms of Law No. 104-C of 04.01.2010 On the Procedure and Conditions for Sending Citizens to Labour Therapy Centres and Conditions of Stay in Them.

Due to the difference in approaches used to interpret the concept of forced labor by the government of the Republic of Belarus and the International Labour Organization, the committee has comments for our country.

The first concerns the appeals of the Committee on the Application of Standards (Conference Committee) to the Belarusian government to ensure that excessive fines are not applied to citizens (meaning those who are held in LTP), forcing them to work.

The second comment expresses the Committee's concern about the use of the term "antisocial lifestyle" in defining those unemployed citizens who are potential clients of LTP. The Committee noted that the term "antisocial lifestyle" is too vague and could lead to arbitrary detention and other abuses.

The Committee also took note of the comments of BKDP that LTP are de facto places of detention where assistance in the treatment of alcoholism is either not provided at all or is provided only perfunctory.

And what changes have taken place in the Republic of Belarus in this regard?

The content of Article 4 of Law No. 104-C of 04.01.2010 On the Procedure and Conditions for Sending Citizens to Labour Therapy Centres and Conditions of Stay in Them has changed.

"Now those who have been brought to administrative responsibility two or more times during a year can be sent to the LTP (previously, it was necessary to be brought to administrative responsibility three or more times during a year). Such categories as citizens who are obliged to reimburse the expenses spent by the state on child services and able-bodied unemployed citizens leading an antisocial lifestyle have disappeared from potential LTP clients. But instead of these two, a new category has appeared: citizens who addressed health providers to get medical care in connection with intoxication caused by the use of drugs, psychotropic substances, and their analogues,” the human rights activist sums up.

Articles 1(1), 2(1) of Convention No. 29. Restriction of the right of workers to quit their jobs.

The Committee took note of the comments of BKDP that the amendments to the Labor Code adopted in 2019 limited the right of workers to terminate a fixed-term contract, which can last for up to five years. The BKDP pointed to the widespread use of fixed-term contracts in Belarus.

The Committee noted that, according to Article 41 of the Labor Code, a fixed-term employment contract can be terminated only for a very limited number of reasons, including the requirement of an employee in case of illness or disability, admission to military service under a contract and other valid reasons preventing the performance of work under an employment contract, as well as in case of violation by the employer of labor legislation, collective agreement, employment agreement.

In this regard, the Committee recalled that to quit their job within a reasonable time after they have expressed this desire to the employer is an employee's inalienable right. The Committee requests the government to provide additional information on the circumstances in which fixed-term contracts can be terminated at the request of an employee.

And what changes have taken place in the Republic of Belarus in this regard?

"In fact, nothing has changed. Article 41 of the Labor Code regulating the termination of a fixed-term employment contract at the request of an employee, in the current version looks exactly as it was at the time of communication between the Republic of Belarus and the ILO Committee in 2022," the human rights activist notes.

Article 2(2)(c) of Convention No. 29. Prison labour.

The Committee noted that it had no information from the government of Belarus on amendments to the legislation that would ensure that any work or services of convicts are performed in private enterprises only with the free, formal, and informed consent of the parties concerned. The Committee recalled that the exception provided for in Article 2(2)(c) of the Convention applies only to work assigned to convicted persons, provided that not only the specified work is performed under the supervision and control of a public authority, but also the specified person is not hired or placed at the disposal of private persons.

Therefore, the Committee reiterated its request to the government of Belarus to take the necessary measures, both de jure and in practice, to ensure that prisoners can work in private enterprises only with their free, formal, and informed consent, and that such consent is free from the threat of any punishment. The Committee requests the government to provide information on any progress made in this regard.

And what changes have taken place in the Republic of Belarus in this regard? 

Compulsory labor of prisoners in Belarus is used not only under the supervision and control of state bodies at state-owned enterprises, but also in the private sector: Treatment, forced labor, or isolation? The system of labour therapy centres is waiting for big changes. At the same time, indeed, there have never been and recently have not appeared any norms in the legislation of Belarus that would guarantee that any work or services of convicts in private enterprises are performed only with the free, formal, and informed consent of the parties concerned.

In places of detention in Belarus, there are cases when relatives of convicts, under the guise of "voluntary donation”, are required to provide tools and construction materials to carry out renovations, or money to restore equipment. The "generosity" of gifts is of direct importance in parole cases. 

"Forced labor on "lawful" conditions (according to Article 98 of the Criminal Enforcement Code of the Republic of Belarus) without commensurate payment (workers can receive several rubles per month) and without providing work clothes (purchased by relatives of convicts), in conditions that often threaten the health and safety of prisoners, in fact, can be considered slavery," Aleh Matskevich notes.

Article 1(a) of Convention No. 105. Forced labor as punishment for expressing political views or views contrary to the established political, social, or economic system.

Earlier, the committee asked the government to amend or repeal articles 193-1 (illegal organization of activities of a public association, religious organization or foundation, or participation in their activities), 339 (hooliganism), 342 (organization and preparation of actions grossly violating public order, or active participation in them), 367 (defamation of the president), 368 (insulting the president), 369-3 (violation of the procedure for organizing or holding mass events) of the Criminal Code, to ensure the exclusion of punishments related to forced labor for the peaceful expression of political views or views ideologically opposed to the existing political, social, or economic system.

The Committee therefore urged the government to take urgent and effective measures to ensure that, neither by law nor in practice, anyone who peacefully expresses political views or opposes the established political, social or economic system cannot be sentenced to imprisonment and, as a result, to forced labor.

And what changes have taken place in the Republic of Belarus in this regard?

"Over the past period, since the last communication between Belarus and the Committee, the content of repressive criminal legislation in the field of involvement in forced labor for the peaceful expression of political views has not changed towards improvement, but on the contrary has worsened. The statements of the government of Belarus that there is no connection between crimes that are punishable under articles 339, 342, 367, 368, and 369-3 of the Criminal Code and the peaceful expression of political views do not stand up to any criticism and are blatant lies," human rights activist Aleh Matskevich sums up.

On March 15, 2024, the UN Human Rights Council published a report on the human rights situation in Belarus on the eve of the 2020 presidential elections and after them. The report talks about the dissolution of NGOs, legislative changes, political prisoners and their conditions of detention, including in the regime of incommunicado, repression against the media, deprivation of lawyers' licenses, expansion of "extremist" lists, searches, arbitrary detentions, torture, death during protests and in prison, as well as forced emigration. The Council concluded that "OHCHR has reasonable grounds to believe that a crime against humanity in the form of persecution, together with other related actions, has been committed." The human rights situation in Belarus was reviewed on March 20 at the 55th session of the UN Human Rights Council.