Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Forced Labour Convention, 1930 (No. 29) - Belarus (Ratification: 1956)

The Committee notes the observations of the Belarusian Congress of Democratic Trade Unions (BKDP), received on 31 August 2024 and 31 August 2025.

Articles 1(1), 2(1) and 2(2)(c) of the Convention. Compulsory labour imposed by the national legislation on certain categories of persons. 1. Financial penalties imposed on “able-bodied” persons not involved in the economy. The Committee previously noted that according to the Presidential Decree “‘On promoting employment” No. 3 of 2015, as amended in 2018, “able-bodied” persons not involved in the economy have to pay for utility and public services at the full rate without any state subsidy. The categories of persons who are not required to pay for utility and public services at the full rate include persons who are legally employed, registered entrepreneurs, military personnel, clergymen, registered unemployed persons, parents or guardians of children under 7 years of age, students in full-time education, persons with disabilities, pensioners and other categories, as determined by the Council of Ministers’ Decision No. 239 of 31 March 2018.

The Committee notes the Government’s indication in its report that Decree No. 3 of 2015 aims to enhance efforts by public authorities to provide the greatest assistance possible to jobseekers, promote employment and self-employment, and facilitate legal employment. The Government indicates that to implement Decree No. 3 of 2015, local administrations have established 150 standing commissions to coordinate efforts on employment. These commissions assist persons in finding employment, provide advisory, methodological and legal assistance on employment or self-employment matters, as well as conduct large-scale awareness-raising activities on the social and labour guarantees provided by the State to its citizens. The Government further indicates that persons not involved in the economy are invited to commission meetings, where they are provided with suitable job options. Between 2021 and the first half of 2024, the commissions conducted 16,100 meetings. The Government points out that the joint efforts of the commissions and employment services enabled approximately 2 million people to find work, including 439,000 persons who were previously included in the database of “able-bodied” persons not involved in the economy. About 11,300 people refused to consider offers of assistance in finding employment for various reasons. According to the Government, the overall unemployment rate decreased from 3.9 per cent in 2021 to 3 per cent by May 2024, due to the implementation of employment promotion measures.

The Government further indicates that to encourage “able-bodied” persons to engage in legal employment, Decree No. 3 of 2015 provides for the abolition of state subsidies for the payment of certain utility and public services. In particular, “able-bodied” persons not involved in the economy must pay the full rate for hot water, heating, and gas supply to ensure full reimbursement of the economically justified costs for their provision. The Government highlights that Presidential Decree No. 41 of 2024 sets upper limits on these charges. The Government further indicates that the decision on whether persons should pay or be exempt from payment for hot water, heating, and gas supply at the full rate is made by the commissions after comprehensive preliminary work with the person concerned. Persons who do not work due to objective reasons or particular life circumstances, as well as those in difficult life situations, do not have to pay for the utility and public services at the full rate. According to the Government, this measure is purely an incentive, targeting people who are most likely involved in the informal sector and accordingly conceal their income.

The Committee further notes the BKDP’s indication, in its observations, that Decree No. 3 of 2015 imposes financial penalties on persons considered “able-bodied” and not involved in the economy. Such persons have to pay for hot water, heating, and gas supply at five times the rate or higher than other persons. The BKDP points out that the categories of “able-bodied” persons not involved in the economy are extremely broad. Furthermore, since August 2020, following the presidential elections and subsequent mass repressions, the definition of “able-bodied” persons not involved in the economy has expanded, targeting those who oppose the Government, including civil society representatives and trade union members. Furthermore, the BKDP indicates that Belarusian security forces actively engage with employment commissions and conduct special raids on the addresses of “able-bodied” unemployed persons, including those living abroad. For failing to appear when summoned by the police, “able-bodied” unemployed persons are threatened with being brought to administrative responsibility under section 24.3 “Disobedience to a lawful order or demand of an official in the performance of his official duties” of the Code of Administrative Offenses, which is punishable by administrative arrest of up to 30 days. According to the BKDP, in April 2025, in Rahachow city, 12 unemployed citizens were brought to administrative responsibility for “ignoring the requirements of the district police department”. The Committee also notes that, in his report of 22 July 2025, the UN Special Rapporteur on the situation of human rights in Belarus indicates that, since 1 April 2025, the Ministry of the Interior has been summoning “able-bodied” persons not involved in the economy (“spongers”) to police stations for “conversations” or arranging police visits to their homes. In one meeting to which some 200 “spongers” were summoned, the police threatened to arrest them for up to 15 days unless they found a job (A/80/217).

The Committee requests the Government to take all necessary measures to ensure that the implementation of Decree No. 3 of 2015 does not, in practice, result in the imposition of compulsory labour on “able-bodied” persons not involved in the economy. In this respect, the Committee requests the Government to indicate: (i) whether persons invited to attend commission meetings are obliged to do so, and if any penalties apply for non-attendance; (ii) whether “able-bodied” persons not involved in the economy are informed that they can refuse the proposed employment options; (iii) the criteria used by the commissions to determine “particular life circumstances” or “difficult life situations” that justify exempting “able-bodied” persons not involved in the economy from paying the full cost of hot water, heating, and gas supply; and (iv) the number of persons required to pay the full rate for hot water, heating, and gas supply.

Regarding the measures to promote freely chosen employment, the Committee refers to its detailed comments under the Employment Policy Convention, 1964 (No. 122).

2. Persons interned in “medical labour centres”. The Committee notes from the Government’s report that, according to the Act “On the procedures and modalities for the transfer of citizens to medical labour centres and the conditions of their stay” No. 104-Z of 4 January 2010, as amended in 2023, the following two categories of persons are sent to medical labour centres:

• First category: persons who, within a year, have been brought to administrative responsibility two or more times for committing administrative offences while intoxicated or under the influence of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances. These persons must have been warned about the possibility of being sent to a medical labour centre and, within a year after receiving this warning, committed another administrative offence while intoxicated or under the influence of the above indicated substances. They must also have been diagnosed with chronic alcoholism, drug addiction, or substance abuse as a result of a medical examination;
• Second category: persons who have sought medical assistance from a healthcare organization due to poisoning caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic substances, or other intoxicating substances. These persons must have been warned about the possibility of referral to a medical labour centre and, within one year after this warning, have sought medical assistance again for similar poisoning incidents. Additionally, they must be found to have chronic alcoholism, drug addiction, or substance abuse based on the results of a medical examination.

As indicated by the Government, over 95 per cent of persons in medical labour centres suffer from alcohol dependence syndrome. The Government also indicates that persons can be admitted to these centres only by court order for 12 months. This period may be extended for individuals who have previously been sent to medical labour centres three times or more. The Government also states that the medical and social rehabilitation provided in these centres includes healthcare services, psychological counselling, vocational training and retraining, vocational guidance, support for maintaining family relationships, enhancement of cultural awareness, and opportunities for self-education and employment. According to the Government, persons placed in medical labour centres are assigned jobs based on their age, fitness for work, health, skills, and qualifications. The administration of the medical labour centre determines the locations and types of jobs assigned. Persons may be recruited to work in national manufacturing enterprises under the Correctional Department of the Ministry of Internal Affairs, as well as in other organizations located near the medical labour centre. In the opinion of the Government, this approach ensures that employment is tailored to the individual needs of each person.

The Government points out that due to the State’s policy aimed at preventing drunkenness and alcoholism and rehabilitating persons struggling with alcohol and drug addiction, the number of persons sent to medical labour centres has decreased. Moreover, placement in a medical labour centre serves as a deterrent for those whose behaviour and lifestyle may lead them to commit offences while under the influence of alcohol, drugs, or other substances.

The Committee notes the BKDP’s observations indicating the existence of nine medical labour centres operating in Belarus, comprised of six for males and three for females. Each year, approximately 7,000 persons are sent to these centres. According to the BKDP, medical labour centres cannot be considered places providing rehabilitation services. On the contrary, they can be qualified as a system of detention or imprisonment that operates outside the framework of criminal prosecution, unrelated to the commission of a crime, and serve as a source of free labour for the State. The BKDP further indicates that medical labour centres fall under the jurisdiction of the Department of Corrections within the Ministry of Internal Affairs, instead of the Ministry of Health. Any refusal or unauthorized termination of work can lead to punitive measures, which may include reprimands, mandatory overtime, and in severe cases, placement in a disciplinary room for up to 10 days. The term of confinement in medical labour centres can be extended by a court decision for up to six months if four punitive measures are imposed. The persons concerned do not have employment contracts and have limited control over their wages. The BKDP points out that while the court decides on placement in a medical labour centre, in practice, the trials last only a few minutes, with the vast majority of persons lacking professional legal assistance.

The Committee notes that, in his report of 22 July 2025, the UN Special Rapporteur on the situation of human rights in Belarus indicates that the expansion through legislative amendments made in 2023 of the criteria for placement in medical labour centres is cause for concern. In particular, it relates to the placement in the centres of individuals diagnosed with addictions who had been admitted to healthcare institutions twice within a year due to substance abuse. According to the UN Special Rapporteur, the rehabilitative function of medical labour centres is questionable. They allow for lengthy deprivation of liberty and forced labour of vulnerable individuals who have not committed any offence or who have committed only administrative offences (A/80/217).

The Committee recalls that work imposed in medical labour centres can only be excluded from the scope of the Convention if it meets the requirements set forth in Article 2(2)(c), namely: (i) it should be imposed on a person as a consequence of a conviction in a court of law; (ii) it must be subject to the supervision and control of a public authority and; (iii) the person shall not be hired to or placed at the disposal of private entities. The Committee further recalls that no compulsory labour may be imposed unless the person concerned has been found guilty of an offence and as a result of a due process of law. This implies respect for the guarantees necessary for defence and a clear definition of the offence (2007 General Survey on the eradication of forced labour).

The Committee therefore requests the Government to indicate the measures taken to ensure that the imposition of work in medical labour centres under Act No. 104-Z of 2010 on persons classified in the second category is only based on a conviction for a criminal or administrative offence. The Committee further requests the Government to provide information on the legal safeguards in place to ensure due process in court proceedings related to judgments to transfer individuals to medical labour centres, in particular with respect to the right to a defence. The Committee further requests the Government to specify whether persons placed in medical labour centres can be required to perform work for private entities.

Article 2(2)(c). Prison labour. The Committee previously noted the obligation of convicts to work at the enterprises determined by the administration of correctional institutions, including private enterprises, and that the refusal to work is punishable with sanctions.

The Committee notes the Government’s indication that persons sentenced to imprisonment are assigned to socially useful work, considering factors such as gender, age, work ability, health status, and, when possible, specific skills. The Government further indicates that the working conditions for persons sentenced to imprisonment are as close as possible to those of citizens in free labour relations. Convicts are entitled to remuneration that is adjusted for inflation, as well as the right to take leave. Additionally, the time spent by convicts performing paid work is counted toward their length of service. The Committee also notes the Government’s indication that convicted persons are always employed under the supervision and control of public authorities. According to the Government, compliance with the established detention and supervision requirements for convicts, in principle, precludes their placement at the disposal of private individuals or organizations.

The Committee notes the BKDP‘s indication that, in most cases, correctional institutions assign persons sentenced to imprisonment or restriction on liberty to perform work in open joint-stock companies, including enterprises in the woodworking, agricultural, metalworking, and automotive industries. The BKDP further highlights various issues concerning the work performed by convicts, including a lack of personal protective equipment, insufficient medical examinations and medical care, inadequate training, violations of working hours, and extremely low wages.

The Committee observes that under section 50(1) of the Criminal Enforcement Code, persons sentenced to the penalty of restriction of freedom are “involved in work in organizations regardless of the form of ownership, as well as for individual entrepreneurs”. Under section 98(1) of the Criminal Enforcement Code, persons sentenced to the penalty of imprisonment shall be engaged “in enterprises of the penal system, as well as in other enterprises regardless of their form of ownership”. The Committee, therefore, observes that these legislative provisions explicitly provide for convicts to be “hired to or placed at the disposal of private individuals, companies or associations” as stated in Article 2(2)(c) of the Convention. At the same time, as previously noted by the Committee, the national legislation does not have provisions ensuring that any work or service by convicts for private enterprises is performed only with the free, formal and informed consent of the persons concerned. The Committee once again strongly urges the Government to take the necessary measures, both in law and in practice, to ensure that work may only be performed by convicts in private enterprises with their free, formal and informed consent, and that such consent is free from the menace of any penalty. The Committee also requests the Government to ensure that, in practice, convicts work in conditions approximating a free labour relationship, particularly as regards remuneration and occupational safety and health requirements.

The Committee is raising other matters in a request addressed directly to the Government.