Thousands of workers were dismissed for participating in the national strike in 2020. We submitted an individual communication with the UN Human Rights Committee on a violation of the right to strike.
Circumstances of the case
The 2020 national strike called by Sviatlana Tsikhanouskaya took place all over Belarus. Workers demanded free and fair elections, an end to police violence and the release of all political prisoners. People united and cooperated, acting in accordance with the constitutionally guaranteed right to strike.
Nevertheless, the strikers were later subjected to employment discrimination and political repression: many were dismissed for absence without leave, detained and convicted.
For reference:
The Labour Code of the Republic of Belarus makes organising a strike in practice impossible. Dismissals for taking part in strikes violate workers' rights to freedom of expression and association.
Complaint with the UN Human Rights Committee
Together with the initiatives "Rabochy Ruch" and "Salidarnasts", we addressed a complaint to the UN HRC on behalf of the workers of state-owned enterprises and a school employee who were dismissed for taking part in the strike. They acted publicly, made law-governed demands and notified their superiors. The Human Rights Committee will examine the complaint regarding the dismissals and will make an independent assessment of the applicable law.
Important!
In the 1980s, the Committee decided that the International Covenant on Civil and Political Rights did not protect the right to strike. The registration of our complaint is a signal that the Committee is ready to change its practice and set a precedent. The HRC's views will be the first authoritative legal opinion on the matter. Politically motivated dismissals in Belarus happen under the current law. If the Committee finds violations of workers' rights by the current authorities, the victims will undoubtedly have to be considered as victims of political repression.
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We work to ensure the right to strike is fulfilled in Belarus.
The future democratic government of Belarus will be obliged to act under the views of the Committee. Recognition of the violations and the Committee's assessment of the legislation will be taken into account in the Belarusian labour law reforms.
