Главная » Дискуссия » In Kazakhstan, through the courts are going to shut down all independent trade unions

1435661982_anti-union-lawsMany independent trade unions last week brought a letter from the local Department of Justice, where it was a requirement to re-register in connection with the new law «On Trade Unions», that is to join the existing branch association. Otherwise, the state authorities have promised to initiate a court liquidation of the trade unions. Those who do not belong to the Federation of Trade Unions of Kazakhstan, accumulated in the country more than six hundred, and many of them are waiting for the closure of the court.

We interviewed the chairman of the East Kazakhstan regional trade union «Defence of Labour» Ivan Mikhailovich Bulgakov, which is a membership organization of republican union «Zhanartu». He also brought a letter, and he talks about the fate of the trade union movement in the country after the adoption of the draconian anti-labor law «On Trade Unions».

— Ivan Mikhailovich, tell us more about the letter, that you come to the address of the trade union «Deftnce of Labour».

June 19 letter came to my legal address, stating that it is necessary in accordance with the law «On Trade Unions» to re-register the trade union in a local or enter to a branch trade union. In particular, Article 5 of the new law, according to which trade unions are on production and branch principle. The fact that our union does not belong to any industry and primary membership organization focused in different industries.

Our union «Defence of Labour» was registered as a territorial. For example, we will have the primary workers of farms, trade union Machine Building Plant, Brick Factory, Semipalatinsk city organization of trade unions, which included doctors and teachers, so that there is no general principle of a professional. Even now, it is very difficult to name any one industry, and somehow combine them within it. We are on the republican status and are not claimed by the regional association. The same «local» trade union under the new law should go to the national industrial union, but some of them we can enter even in the case of re-registration, it is absolutely unclear.

Here are exposed the conditions under a new trade association which is almost impossible to perform. For example, the branch republican union must include at least half of total employment in the sector and related industries, or have divisions and affiliates in more than half of the regions, cities and the capital.

And what is «local trade union»? No one no one has explained. The only stated that it should be registered in the territorial Department of Justice.

— You will also be invited to a meeting with representatives of the Department of Justice on this issue?

On Wednesday, June 24, I had a meeting with Deputy Head of the Department of Justice of East Kazakhstan region Maksat Musaperbekova. He called the head of another department, and we talked. They said that under the new law should be re-registered, otherwise they will have after 11 July to initiate a court termination of the trade union «Defence of Labour».

I immediately told them that even if I re-registered in the «local», but I have nowhere to enter. The only association where I can enter with my friends — is the regional council (Oblsovprof) of Federation of Trade Unions of the Republic of Kazakhstan — FPRK. But out of it at the time we left, because he is absolutely not working. Again, we do not want to go back. A vicious circle. We are now closed, and we will not work, and even if re-enter the Oblsovprof again will not work under their control. There is no alternative!

I told them there in the Department of Justice and said — if you close the union through the courts, then at least be reason to say: it’s wrong to shut down by anti-union law, which does not meet international standards. Let’s raise a scandal, complain and declare violations of trade union rights in Kazakhstan.

Also, once I said openly that the law was adopted and, in order to eliminate such unions. They actually confirmed it, and they understand what it takes. As a trick, they offered to try to re-register in the «local» and say they will not initiate its closure. In response, I have argued that in the case of my speech in the press, or at a meeting, or during labor disputes on behalf of the union against me can be applied new norms of Criminal, Administrative and Civil Code. In my words, they have not been able to answer.

— So what to do now independent trade unions? To enter into the structure of the Federation of Trade Unions of Kazakhstan?

I do not know what to do now. To go for re-registration, we can not select the branch trade union. And if you enter, you will be completely under control, part of our contributions will go to the Federation, and in addition, they can initiate a change of leadership of our association. In fact, we were in a bind.

Now it is important to raise this issue at the international level. For example in the 104 session of the International Labour Organisation has criticized the our new law «On Trade Unions». I said, and his companions, and the leadership of the Department of Justice that with the adoption of the new law the trade union movement is completely eliminated, and the bottom line, is now left — it is not the trade unions, and the appendage of the state and the employer.

And now, I think it is not necessary to re-register. Let close! It turns the trade unions, who are trying to work at the enterprises of small and medium-sized businesses, where there are no collective agreements and employment contracts even now be closed by the state. Federation of Trade Unions of Kazakhstan will not work with small enterprises, they need large groups. Workers are left to themselves, or will form other organizations.

Justice officials themselves asking why did not resist and did not protest. I replied that even the local regional council of trade unions prepared and sent 15 amendments to the new law, and no one took. Even the Federation of Trade Unions of Kazakhstan did not agree with certain provisions. And what’s the point? Parliament and the Government simply turned a blind eye to the proposals of the trade unions, even yellow!

I spoke in the Department of Justice, which in general are no laws on trade unions should not be just created so-called market economy. The state in general should not interfere in the relationship between workers and employers. If workers decided at the meeting to hold a strike, no one should interfere with this process. In reality, we see deliberate criminalization of trade union activities, the restriction of workers’ rights in favor of the employer. Plus, employers everywhere are now creating their corporate trade unions, to stake out the field and not to allow the emergence of independent.

In the end, there would be the bloody events in Zhanaozen, if there was a single powerful trade union in the region, is not controlled by the authorities and the owners. Now we have dropped even further, to the situation of workers of the XIX century. Create unions banned, it is impossible to go on strike because they are illegal to hold rallies and protests are also possible, for all these actions threaten arrests and punishments!

At the moment, will have to shift to social activity, the creation of organizations that essentially will carry out trade union functions, but is not called as such. Work will also be organized from the bottom, but it will have the tacit association. We are being squeezed from the legal trade union field, but we will still continue to fight using other forms!

Interviewed by Konstantin Nikitenko. Especially for www.klassprof.org

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