After Belarusian law enforcement agencies and the KGB had arrested leaders and a number of activists of independent trade unions, the authorities started liquidating and banning trade unions as they were viewed as a form of non-governmental associations of workers.
The legislation on combating extremism, which is used in Belarus to justify repressions against civil society, was used as a legal weapon to ban trade unions. The campaign on delegalisation and banning of trade union structures started with local branches at major state-owned enterprises.
For example, on May 11, the Hrodna Regional Court, upon the petition filed by the Prosecutor General’s office, ruled that the independent trade union of the Hrodna Azot enterprise was an extremist organisation in a closed-door court hearing . The trade union representative was deprived of the opportunity to defend his stance in court because he was under administrative arrest at this time). Further, in accordance with the decision of the local authorities, the activity of the independent trade union at the Mazyr Oil Refinery was terminated, while the trade union at the Naftan Oil Refinery plant was banished from its office, despite an appeal against the decision to liquidate this organisation.
Once primary cells and local branches were terminated, the focus then turned to national-level trade unions. On June 10, Andrei Shved, the Prosecutor General of Belarus, filed to the Supreme Court the appeal to terminate the activity of all national independent trade unions and its confederation:
- The Belarusian Free Trade Union;
- Free Metal Workers' Trade Union;
- The Belarusian Independent Trade Union of Miners, Chemical Workers, Oil-refiners, Energy, Transport, Construction and Other Workers (BITU);
- Belarusian Trade Union of workers of radio and electronic industry (REP);
- The Association of Trade Unions “Belarusian Congress of Democratic Trade Unions” (BCDT).
Thus, not only independent trade unions are to be liquidated, but also the only confederation of independent trade unions that has maintained a legal status in Belarus (BCDT). Prior to planned liquidation by the court the REP was added to the list of so-called “extremist formations”, compiled by the Ministry of International Affairs. This list was created by an out-of-court extrajudicial procedure. Starting from last year, participation in an “extremist formation” is sufficient to be prosecuted under Article 361-1 of the Criminal Code (which can lead to imprisonment for 2 to 6 years).
On May 19, the Prosecutor General’s Office requested that the BITU provide trade unions documents, including information about all members of the trade union. Similar requests were sent to other BCDT member organisations. In the long run, this could create legal grounds for the persecution of thousands of people who were members of these trade unions, if they be treated as extremist organisations or extremist formations.
Global unions have called for the immediate release of jailed Belarusian union activists, Aliaksandr Yarashuk, the BCDT chairman, Siarhei Antusevich, the BCDT deputy chairman, Henadz Fyadynich, the leader of the REP union, as well as several other staff members of independent unions which were recognised as political prisoners. The charges against them are unclear, and attorneys are banned from disclosing any information or particulars regarding these cases.