Before
closing the period of Carlos Custer as secretary general of the WCL
some other events should be reported. An important event, especially
in the light of current events in Ukraine and Russia, was the
WCL-ICFTU mission to Belarus in 1995. At that time, brave trade
union leaders tried to establish an autonomous, democratic and
independent trade union movement. In April 1995 for the first time a
WCL mission visited Belarus in combination with a visit to the
Ukrainian VOST. Already after a few months, the situation in Belarus
around the new trade union movement, became critical because of a
strike at Minsk Metro and the trolley bus company GOMIL, both public
companies. The strike was held following a dispute over compliance
with the Collective Bargaining Agreements. A purely trade union
conflict.
President
Lukashenko, until today in power, took sharp measures against the
strikers. By decree 336 all activities of the new unions were banned
until with the help of the still-powerful former Communist trade
union confederation a new labor law would be adopted. Strikers were
fired, threatened and intimidated, strikebreakers were employed, bank
accounts of the company unions blocked and finally, a number of
leaders arrested and put in prison among them President Gennady
Bykov, one of the founders of the free trade union of Belarus and
President Vladimir Makarchuk of the Metro Minsk company trade union.
Gennady Bykov, the first president of the Belarus Congress of Democratic Unions SPB, speaking on the occasion of the 20 years existence of the SPB. |
The WCL
delegation consisted of CNV staff member Marjon Oostveen for
international affairs, ACV/CSC National Secretary Hervé Decuyper,
Pol Buekenhout of the international service of the ACV/CSC, ACV/CSC
interpreter Russian Joris Waterschoot and myself. We spoke with
Gennady Bykov and other leaders in a modest office of the "Congress
of Democratic Trade Unions of Belarus 'and' Free Trade Unions of
Belarus" in Minsk. Trade union President Makarchuk of Metro
Minsk was our guide during a visit to his company. In the cafeteria
we had a conversation with some leaders of the company trade union.
Following
the brutal repression of the trade union, Makarchuk asked the WCL by
letter for international support and assistance. He urged to send as
soon as possible a delegation representing as much as possible the
whole international trade union movement with the aim to exert
maximum pressure on the government. I decided to contact colleague
Ana Oulatar of the ICFTU, responsible for Central and Eastern
European affairs with the proposal for a joint mission WCL- ICFTU as
proof of support and assistance to the strikers and the new
democratic and independent unions. Such a joint mission would also be
a signal for political leaders in other former communist countries
that the WCL and ICFTU do everything possible to support the
development of a free and independent trade union movement.
The header of the Website of the Belarusian Congress of Democratic Trade Unions, internationally affiliated to the ITUC. |
Anna
Oulatar agreed with the proposal so we decided to send not only a
joint delegation to Belarus, but also to submit a complaint to the
ILO, and to draw attention to the violations of trade union rights
through the European Trade Union Confederation, the European
Commission, the European Parliament and the Social and Economic
Committee. Despite these agreements, the ICFTU choose dates for the
mission unilaterally, without consulting the WCL. As a result of this
Genady Bykov, President of the Free Trade Union of Belarus, was
unable to attend the KGZE Conference to which he was invited for the
first time. The KGZE Conference is an annual meeting of
Christian-oriented trade unions from across Europe, which are held
until today with the support of EZA and the Austrian trade union
movement. This meant an opportunity lost to direct a large number of
European unions firsthand to inform about events in Belarus.
Apparently this kind of teasing is normal for a big brother like the
ICFTU. I had already had my experiences. Shrug and move on, it seemed
to me the best attitude. However, it was not the last time that such
happened with this mission. For example, we had agreed that the ICFTU
and WCL would donate the same amount of money, but at the end of the
mission, the representative of the PSI gave extra money.
So we had
to decide quickly whether it would still be a joint mission. The WCL
delegation consisted of Bogdan Hossu, Vice-President of the WCL ,
President of the Romanian trade union Cartel Alfa and member of the
Governing Body of the ILO, Andrzej Adamzcyk of the department for
international affairs of the Polish NSZZ Solidarnosc, Joris
Waterschoot of the international service department of the ACV/CSC
and Russian translator and myself as confederal secretary of the WCL
for Central and Eastern Europe. The ICFTU delegation consisted of
Anna Oulatar, Policy Officer for Central and Eastern Europe of the
ICFTU, Rudy Porter of the ICFTU office in Moscow, Allan Leather of
the Public Services International PSI, Thomas Poese German DGB, Jerry
Zilhoffer of the AFL-CIO and Tit Tamar PSI from Estonia.
Vladimir Ivanovich Gontcharyk, President of the Belarus Trade Union Federation BTUF 1990-2001. The BTUF is affiliated with the Communist World Federation of Trade Unions WFTU |
The
mission began with a visit to the union leaders Makarchuk and Kanack
of Metro Minsk. The strike was a response from the workers on the
unilateral termination of the collective agreement by the management
of Metro Minsk and the Minsk Gomil trolleybus company. Even the
official trade union federation participated in the strike. When the
government took draconian measures, including the dismissal of dozens
of strikers, the official trade union, a member of the former
Communist Trade Union Federation, ended its support for the strike.
The free trade unions ended up being isolated. The strike action was
interpreted by the authorities as a political strike.
Our visit
to Deputy Prime Minister Sergei Sergeyevich Ling brought us nothing.
We were told about legal procedures, that one has to respect the law
and that the country is going through difficult times. Independent
judges would judge whether the complaints of the strikers were
admissible or not. Also the Attorney General Kapitan spoke only on formal and
bureaucratic matters referring to procedures, remedies, laws and
decrees.
By
contrast, Labour Minister Alexander Sosnov spoke with more
nuance about the case. He thought that not only the union and the
strikers had acted illegally, but also employers. On the other side,
he found that pay raise was not necessary because the subway workers
earned twice as much as other employees. Employers made the mistake
by not negotiating and not paying wages as provided for in the
collective agreement. Most important was that he disagreed with the
promulgation of Presidential Decree 336. He did not have much faith
in the law which was still in the hands of the old former Communist
garde, like the former Communist trade union federation. A few weeks
after our departure, he was removed from office. Apparently President
Lukashenko did not waste any time.
The
conversation with President Gontcharik of the Federation of Trade
Unions of Belarus, which informally was called the official trade
union (it was supposed to have 2 million members but it should be
noted that workers are automatically a member of the trade union and
that their membership fees are withheld automatically), did not
clarify the matter either. It started with his refusal to receive
representatives of the Free Trade Unions together with us. We should
have cancelled the meeting but the ICFTU delegation did not want. My
impression was that Goncharov as usual for this kind of bureaucratic
party officials went along with the authorities but that he was
hiding behind a smokescreen of procedures, laws and ambivalent
position papers, in short, a style not worthy of what a democratic
and transparent leadership should be. I was disappointed in the way
the ICFTU delegation acted. In my view they were much to soft with
Gontcharik, even Andrey Adamcsyk of the Polish trade union
Solidarnosc, that when necessary never had avoided any confrontation
with the Communist authorities. I wondered what was going on?
Thanks to
among others Bartho Pronk, member of the European Parliament, a
resolution on Belarus was adopted by the European Parliament in
September 1995 (12(c) B4-1248 and 1293/95)
“The
European Parliament,
– having
regard to the partnership and cooperation agreement between the
European Union and its Member States, on the one hand, and the
Republic of Belarus on the other hand, now before Parliament for
assent, and in particular its Articles 2 and 4 thereof,
– having
regard to the planned signature of the interim agreement by the
council,
– having
regard to internationally recognized labour standards, in particular
ILO Conventions Nos. 87 and 88, which have been ratified by the
Republic of Belarus,
A.
whereas from 16 to 21 August 1995, workers of the Minsk Underground
and trolleybus system went on strike to protest against the
authorities' non-compliance with collective agreements,
B.
whereas the authorities then arrested and detained several trade
union leaders,including Vladimir Makarchuk and Nikolai Konakh, and
whereas approximately 60 workers who participated in the strike have
been dismissed following a court ruling that the strike was illegal,
C.
having regard to the arrest of Gennady Bykov, President of the Free
Trade Union of Belarus (FTUB) and one of the leaders of the Congress
of democratic Trade Unions of Belarus, together with two of his
collegues,
D.
having regard to reports on the harsh conditions of their detention;
whereas the Belarus President apparently ordered that those dismissed
must find employment at a collective farm for two months and receive
a favourable recommendation before being considered for further
employment anywhere else,
E.
whereas on 1 September 1995 the Belarus President's Decree 336 of 21
August 1995 was published, which suspends the activities of the Free
Trade Union of Belarus and the Cell Union of Minsk Subway Workers and
which establishes that activities of political parties, public
organizations and trade unions taking part in strikes affecting
enterprises mentioned in the list approved by the Council of
Ministers of the Republic of Belarus dated 28 March 1995, shall be
terminated using the due process in law,
F.
whereas the recent parliamentary elections in Belarus did not result
in the establishment of a newly elected parliament; whereas there is
therefore no democratically legitimised legal framework for ratifying
legislation in Belarus,
G.
whereas, according to the independent Belarus League for Human
Rights, the detention of trade union leaders as well as the
above-mentioned presidential decree should be considered a violation
of article 35 of the Belarus Constitution; whereas a procedure was
due to start on 10 October 1995 before the constitutional court of
Belarus on the legality of presidential decrees and their
confirmation by parliament,
H.
whereas the International Confederation of Free Trade Unions (ICFTU)
and the World Confederation of Labour (WCL) have submitted an
official complaint to the International Labour organization (ILO) in
Geneva against these violations of ILO Conventions ratified by
Belarus,
1.
Expresses its regret and dismay at the infringements of trade union
rights in the Republic of Belarus and calls on the Belarus
authorities to apply fully the relevant ILO Conventions which it has
ratified,
2.
Calls upon the Commission and the Council in their contacts with the
Belarus authorities to raise the matter of trade union rights,
against the background of the EU-Belarus partnership and cooperation
agreement, signed by both parties and now waiting for Parliament's
assent, and the interim agreement,
3.
Recalls that signing the partnership and cooperation agreement
entails a commitment to the respect of basic democratic principles;
4.
Calls upon the President of Belarus to withdraw Decree 336 of 21
August 1995 and to provide for the release of trade union members who
are still in detention, and urges him to take all necessary measures
to conclude as soon as possible the electoral process for a new
parliament in order to restore the democratic legal framework in the
country;
5.
Instructs its President to forward this resolution to the commission,
the Council, the President of Belarus, the ICFTU, the WCL and the
ILO.
Today we
can say that this resolution was the beginning of a series of
international critics on the Belarus Government led by President
Lukashenko. But Lukashenko knew how to stay in power and did not give
in to any proposal on democratic reforms in his country. He was
elected for the first time in 1994 and reelected in 2001, 2006 and
2010.
"The Belarusian government is also
criticized for human rights violations and its persecution of
non-governmental organisations, independent journalists, national
minorities, and opposition politicians.In a testimony to the United
States Senate Committee on Foreign Relations, former United States
Secretary of State Condoleezza Rice labeled Belarus as one of the
world's six "outposts of tyranny". In response, the
Belarusian government called the assessment "quite far from
reality". The Viasna Human Rights Centre lists 11 political
prisoners currently detained in Belarus. Among them is the human
rights activist Ales Bialiatski, Vice President of International
Federation for Human Rights and head of Viasna.” (Wikipedia)
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