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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Russian Federation (Ratification: 1956)

The Committee notes the observations of the Confederation of Labour of the Russian Federation (KTR) communicated with the Government’s report, referring to the issues examined by the Committee below, as well as the Government’s reply thereon. The Committee also notes the observations of the International Transport Workers’ Federation (ITF) and its affiliate unions, received on 1 September 2025, which allege an effective prohibition of the ITF’s activities and serious restrictions of the activities of its affiliates in the Russian Federation due to the ITF’s designation by the authorities as an “undesirable organization”. In this respect, the Committee notes from the official website of the Office of the Prosecutor General that on 5 September 2023, the ITF was declared “undesirable organization” on grounds that “the ITF activities pose threat to the constitutional order of the Russian Federation”. The Committee further notes the “List of foreign and international organizations whose activities are deemed undesirable in the Russian Federation” published by the Ministry of Justice. The Committee notes therefrom that on 17 January 2024, the Prosecutor General declared IndustriALL Global Union “undesirable organization”. The Committee recalls that international trade union solidarity constitutes one of the fundamental objectives of any trade union movement and underlies the principle laid down in Article 5 of the Convention, that any organization, federation or confederation shall have the right to affiliate with international organizations of workers and employers of their choosing without intervention by the public authorities. This right further implies the right for national trade unions to maintain contact with the international trade union organizations with which they are affiliated, to participate in the activities of these organizations and to benefit from the services and advantages which their membership offers. The Committee urges the Government to provide its comments on the ITF allegations.

Freedom of expression. The Committee previously requested the Government to take steps to ensure that the right of trade unions to express opinions, including those criticizing the Government’s economic and social policies, was duly protected in law and in practice, in light of the conclusions of the Committee on Freedom of Association (CFA) in Case No. 3313, addressing the dissolution of a trade union after publishing two articles criticizing the State’s policies. The Committee notes the Government’s indication that, under section 17(2) of the Law on Trade Unions, trade unions have the right to use state mass media in the manner determined by agreements as well as to found mass media in accordance with the federal law. The Committee regrets that no new information is provided by the Government on measures taken to ensure that no trade union can be dissolved for criticizing the Government’s economic and social policies. It therefore reiterates its previous request.

Foreign agents. The Committee also noted, with reference to CFA Case No. 3313, that: (i) under the Law on Non-Commercial Organizations, trade unions receiving funding from foreign sources were required to register as organizations performing the functions of a foreign agent, which entailed additional obligations under sections 24 (inspections) and 32 (restrictions on programme implementation); and (ii) the Code of Administrative Offenses imposed heavy penalties for failing to register as a non-commercial organization performing the functions of a foreign agent, or for distributing materials without indicating their origin as from such an organization. The Committee urged the Government to take the necessary measures, in consultation with the social partners, to ensure that the regulation of non-commercial organizations performing the functions of a foreign agent was compatible with the rights of workers’ and employers’ organizations under the Convention. Noting with regret that the Government has not provided information in this respect,the Committee reiterates its previous request.

The Committee also urged the Government to take all necessary steps to exclude trade unions and their organizations from the scope of application of the Law on Control of Activities of Persons Under Foreign Influence. The Committee observes the Government’s assertion that, although trade unions and employers’ associations may indeed be recognized as foreign agents under section 1 of the Law on Control of Activities of Persons Under Foreign Influence, recognition as a foreign agent does not infringe their rights but only entails the assignment of the appropriate status, nor does the inclusion in the register of foreign agents entail a ban on their activities or their liquidation. The Committee further notes the Government’s indication that, considering that trade unions and employers’ associations are independent organizations, they have the discretion to determine the degree of their interaction with foreign sources, considering the possibility of incurring obligations under the Law on Control of Activities of Persons Under Foreign Influence. The Committee reiterates that: (i) legislation which seriously hampers activities of a trade union or an employers’ organization on the grounds that they accept financial assistance from an international organization of workers or employers to which they are affiliated infringes the principles concerning the right to affiliate with international organizations; and (ii) it is difficult to reconcile the additional bureaucratic burdens imposed on trade unions receiving financial assistance from abroad, and the various hefty penalties that can be imposed, with the right of trade unions to organize their administration, to freely organize their activities and to formulate their programmes, as well as with the right to benefit from international affiliation. While noting the Government’s indication that, to date, only one trade union is included in the register of foreign agents, and that, ever since the Law on Control of Activities of Persons Under Foreign Influence entered into force, not a single trade union or employers’ association has been recognized as a foreign agent, the Committee recalls the need to ensure the conformity of the legislative provisions with the Convention even if they are not applied in practice. In this regard, the Committee understands that no measures have been taken to ensure compatibility with the Convention of the regulations on non-commercial organizations performing the functions of a foreign agent. The Committee further notes the Government’s clarification that, apart from establishing a legal definition of a “foreign agent”, the above-mentioned Law also provides for categories of persons who cannot be recognized as foreign agents. The Committee takes note of the KTR’s indication that section 1(3)(5) mentions employers’ associations among such categories. While noting the Government’s repeated indication that the possibility for trade unions, as major public associations with significant influence and political involvement, to receive foreign funding necessitates additional transparency of their activities,the Committee once again urges it to take all necessary steps to exclude trade unions and their organizations from the scope of application of the above-mentioned Law.

The Committee recalls that it urged the Government to take the necessary measures to ensure full recognition of the right of trade unions to hold public meetings and demonstrations, both in law and in practice, and in particular with respect to the amended Law on Meetings, Rallies, Demonstrations, Marches and Pickets. The Committee notes that the Government once again limits itself to indicating that the restrictions on holding public events by foreign agents are justified by state security objectives and therefore cannot be regarded as being directed against the freedom of trade unions. Recalling that the right of trade unions to hold public meetings and demonstrations is an essential aspect of freedom of association, the Committee reiterates its request to the Government to take the necessary measures to ensure the full recognition of this right, both in law and in practice.

Article 2 of the Convention. Right of workers to establish and join organizations of their own choosing without distinction whatsoever. The Committee observes that, under section 19(5) of the Law on Public Associations, a person deprived of liberty by a court sentence may not found or participate in a public association. The Committee recalls that all workers, without distinction whatsoever, should have the right to establish and join organizations of their own choosing to further and defend their interests and rights. The Committee considers that section 19(5) of the Law on Public Associations appears to prohibit persons deprived of their liberty and working under an employment contract in penal institutions from establishing and joining workers’ organizations of their own choosing for the promotion and defence of their occupational interests. The Committee requests the Government to review the Law on Public Associations so as to ensure that persons deprived of their liberty enjoy the right to establish and join workers’ organizations of their own choosing. The Committee requests the Government to provide information on all developments in this respect.

Article 3. Right of workers’ organizations to organize their administration and activities. The Committee had previously requested the Government to identify the categories of the State and municipal civil servants that might fall outside of the narrowly interpreted category of public servants exercising authority in the name of the State and whose right to strike should therefore be guaranteed. The Committee notes the Government’s indication that it remains open to consultations with the social partners on possible improvements in the matter and is ready to consider relevant proposals by trade unions submitted in accordance with the established procedure; the Government notes that it has not received any such proposals. The Committee further notes the Government’s assertion that the Law on State Civil Service and the Law on Municipal Service do not contain restrictions for employees regarding their participation in strikes. In this respect, the Committee notes the KTR indication that section 17(1)(15) of the Law on State Civil Service prohibits civil servants from terminating the performance of their official duties in order to settle a service dispute and that a similar prohibition with respect to municipal servants is contained in section 14(1)(14) of the Law on Municipal Service, which amounts to a ban on the right to strike. The Committee reiterates that strikes are essential means available to workers and their organizations to protect their interests, including public servants that do not exercise authority in the name of the State, and notes with regret that no progress has been made in bringing the legislation into conformity with the Convention. Welcoming the Government’s stated openness to review the matter in consultation with the social partners, the Committee expects that the Government will take concrete steps to that end. The Committee requests the Government to provide information on all developments regarding the review of sections 17(1)(15) and 14(1)(14) of the above-mentioned Laws.

The Committee recalls that for a number of years it has been requesting the Government to take the necessary measures, in consultation with the social partners, to amend section 26(2) of the Law on Railway Transport so as to ensure the right to strike of railway workers. The Committee notes with deep regret that the Government reiterates that section 413 of the Labour Code provides that the right to strike may be restricted by federal law, and, since temporary work stoppages by certain categories of railway workers may pose a threat to the defence of the country and state security, as well as to human life and health, it is reasonable to restrict their right to strike, which is reinforced by the provisions of the Presidential Decree of 2 July 2021 on the National Security Strategy. In reply to the Committee’s previous observation that a negotiated minimum service could be established for railway workers, the Government provides the list of minimum necessary works (services) during strikes in organizations of public railway transport, set out in section 9 of the Order of the Ministry of Transport of 7 October 2003 No. 197. The Committee understands, however, that this list of minimum necessary works (services) applies to those workers who are not subject to section 26(2) of the Law on Railway Transport and only covers such works (services) as dispatch centralization of the transportation process, maintenance and repair, power supply, protection of public railway transport facilities, etc. Accordingly, the Committee once again recalls that railway transport does not constitute an essential service in the strict sense of the term where strikes can be prohibited and that, instead of a prohibition, a negotiated minimum service could be established in this public service of fundamental importance. The Committee therefore reiterates its previous request.

The Committee notes with deep concern that several international trade union organizations were declared “undesirable” by the Prosecutor General of the Russian Federation, which allegedly resulted in serious restrictions of the activities of their affiliates in the country. The Committee expresses its deep concern at the apparent refusal by the Government to take steps to exclude trade unions from the scope of application of the Law on Control of Activities of Persons Under Foreign Influence and to ensure that the regulation of non-commercial organizations performing the functions of a foreign agent is compatible with the rights of workers’ and employers’ organizations under the Convention. The Committee notes with deep concern the consequences of application of various legislation and regulation on foreign agents and undesirable organizations on the exercise of freedom of association rights under the Convention. It further deeply regrets the absence of steps taken to ensure that the right of trade unions to express opinions, including those criticizing the Government’s economic and social policies, and the right to hold public meetings and demonstrations are duly protected in law and in practice. In these circumstances, the Committee considers that this case meets the criteria set out in paragraph 67 of its General Report to be asked to come before the Conference.

[The Government is asked to supply full particulars to the Conference at its 114 th Session an d to reply in full to the present comments in 2026 .]