One of the signatories to complaint on violation of trade unions rights - the Belarusian Radio and Electronic Workers’ Union (REWU) did not become a member of the Council, which is called to assist in eliminating these violations. Gennady Fedynich, Chairperson of the trade union considers that “it is either a conscious or irresponsible shortcoming of the Ministry of Labor”.

It is worth reminding that the Council on Improvement of Labor Legislation has been created in May 2005 to promote implementation of Recommendations, made by the International Labor Organization to eliminate violations of trade union rights. In January 2009 at tripartite seminar with participation of representatives of the ILO, the Government, organizations of employers and trade unions it has been decided to increase efficiency of activity of the Council. Participants of the seminar, including representatives of all independent trade unions, have agreed that prior to sending information about violations to the ILO, it should be considered by the Council.

Gennady Fedynich believes that the purpose of improving an overall performance of the Council is exactly to make sure that it includes representatives of all parties concerned.

- I think that it is either a conscious or irresponsible shortcoming in activity of the Ministry of Labor, - the REWU Chairperson commented on the situation. - In the course of the seminar in January improvements in activity of the Council have been suggested: on equal terms to include therein representatives of trade unions, employers and the Government. As well, it has been underlined that the Council should include representatives of all parties concerned. Today the REWU trade union was and remains one of the main complainants in the Case 2090. We have been monitoring violations of trade union rights, we informed the ILO about it, and it became one of the grounds for consideration of the case.

Position of the Government in this issue is that the Council is set up based on offers made by the Government and associations of trade unions and employers: seven persons from each of the three parties. The trade union quota is divided between the BCDTU - three representatives, and the FPB - four.

Commenting to “Salidarnast” why the REWU trade union representative did not become a member to the Council, the Deputy Chairperson of the Council, Head of Department of External Relations and Partnership Policy of the Ministry of Labor and Social Protection Igor Starovoitov has explained, that the Government is interested in making sure that the Council starts working as soon as possible rather than coming to a standstill on issue of membership.

- If a seat is offered to a separate trade union in the Council, certain questions arise at once there, - noted Igor Starovoitov. - Therefore we have followed such a way: in the renewed Council those associations, which are present in the National Council and which worked in this Council earlier should be present. Gennady Fedynich disagrees with such approach:

- At present, we do not enter in any of the trade union centers - we have left the Federation, we did not enter the BCDTU. But it does not mean that we should remain unnoticed. I agreed with the decision adopted at the seminar in January that all issues, which concern trade union rights, will be discussed at the Council. And I have been convinced that from the REWU there will be a representative delegated, because today we have a lot of questions to the Government, much more than the others - both on violation of trade union rights, as well as on non-registration of primary organizations, more than any other organization has.

If I were in the Government, I would formulate the task differently: “In order to ensure that the Council functions effectively, we should include a REWU representative, as the main subject bothering the Government at the international level”. And either party - the employers, the Government, FPB or the Congress - would hardly argue with this. In fact, if there were 10 or 15 or even 2 trade unions, which are not members in any trade union associations, it could have created a precedent. And in this case the Council was created following the ILO initiative, rather than the decision of the Government. If [it were created] under the decision of the Government then it would have had the right to include there anyone whom they have determined.

Gennady Fedynich is sure that the BCDTU leadership also could have insisted on including a REWU representative into the Council. - If the BCDTU leadership considers us strategic partners, organizes common “round tables”, negotiates for our accession to the BCDTU, then from their side it would be logical to inform us about this situation (Regulation on Activity of the Council, approved by the Minister of Labor and Social Protection - “C”) and discuss it jointly. If today the Congress is one of the National Council’s members, then taking into account the ILO opinion, it could suggest the Ministry of Labor to include the REWU representative to this Council.

Everyone knows how many violations have taken place in relation to our activists, our primary organizations. Therefore it is impossible to ignore our trade union. I think that it would not be to the benefit of anybody - neither to the Government, nor to the Congress.

The Congress leadership could have acted in the following way: if it is impossible to become a member of the Council for a trade union organization, which potentially wishes to become our member organization, then we, as well, shall not participate in activities of this Council. I think that the issue would have been resolved very quickly because without independent trade unions no one needs this Council. I consider that one more mistake is made, - stated the REWU Chairperson.

He noted that the information that REWU representative did not become a member of the Council will be send to the ILO. Concerning plans of the Council to analyze trade union legislation, Gennady Fedynich reminded that it was exactly the REWU trade union which developed an alternative to the governmental draft of the Law “On Trade Unions”, which was handed over to the BCDTU and was presented at session of the National Council on Labor and Social Issues. In this connection he has emphasized that “No one knows the draft Law better than its developers”.

Gennady Fedynich underlined: “If our colleagues participated in activity of the Council as participants rather than simple observers, it would have helped not only representatives of the Congress, but to independent trade union movement in general. In fact these are the people really knowing what they do, professionally trained to be able to solve the problems that trade unions are faced with competently. - And today we are deprived such opportunity, - added the trade union leader. - We are forced to address to the ILO directly.