INTERNATIONAL LABOUR OFFICE TRADE UNION RIGHTS IN THE U.S.S.R. Documents relating to the Case concerning the U.S.S.R. Dealt with by the Committee on Freedom of Association of the Governing Body of the International Labour Office in Its 23rd and 27th Reports GENEVA 1959 STUDIES AND REPORTS New Series, No. 49 PRINTED BY " LA TRIBUNE DE GENEVE ", GENEVA (SWITZERLAND) CONTENTS Page INTRODUCTION 1 I. Twenty-third Report of the Committee on Freedom of Association (Case No. 111 : Complaint Presented by the International Confederation of Free Trade Unions against the Government of the Union of Soviet Socialist Republics) 5 Analysis of the Complaint Analysis of the Government's First Reply 5 17 Request for Further Information 24 Analysis of the Government's Further Observations Other Communications from the Government of the U.S.S.R. relating to the Questions Raised in the I.C.F.T.U. Complaint Principal Legislative Provisions and Other Documents relating to the Questions Raised in the Complaint of the I.C.F.T.U. and in the Reply of the Government of the U.S.S.R 27 35 Conclusions 35 Appendix I : List of Legislative and Statutory Provisions Available to the Committee on Freedom of Association Appendix II: Principal Legislative Provisions and Other Documents relating to the Questions Raised in the Complaint of the I.C.F.T.U. and in the Reply of the Government of the U.S.S.R 33 79 81 A. The Trade Union System 81 Constitutional Provisions 81 Labour Code 82 Constitution and Rules of the Trade Unions of the U.S.S.R. 84 Provisions relating to Trade Unions Contained in the Rules of • the Communist Party of the U.S.S.R 96 B. Fusion Decree Decree Decree of of of of the Soviet Trade Unions with Organs of the State 23 June 1933 10 September 1933 21 August 1934 96 97 97 99 C. Collective Agreements Decree of 4 February 1947 Decision of the Ail-Union Central Council of Trade Unions . Collective Agreement for the Stalin Automobile Factory at Moscow (1954) D. Juridical Status of Individual Workers Decree of 20 December 1938 concerning the Introduction of Workbooks Decree of 26 June 1940 respecting the Transfer to the EightHour Working Day and the Seven-Day Working Week, and Prohibiting Wage-Earning and Salaried Employees from Leaving the Undertaking or Institution Arbitrarily . . . . 99 99 101 106 123 123 124 IV TRADE UNION RIGHTS IN THE U.S.S.R. Page Decree of 2 October 1940 concerning State Manpower Reserves Decree of 18 January 1941 to Approve Model Works Rules for Soviet Undertakings Decree of 27 May 1940 to Increase the Powers of Foremen in Undertakings for the Manufacture of Heavy Machinery . . Regulations relating to the Material Responsibility of the Workers Decree No. 203 of 25 April 1956 of the Presidium of the Supreme Soviet of the U.S.S.R. respecting the Abolition of Penal Judicial Proceedings against Workers and Employers Who Leave Their Undertaking or Institution or Absent Themselves from Work without Valid Reason II. Twenty-seventh Report of the Committee on Freedom of Association, paragraphs 499-517 (Case No. I l l : Complaint Presented by the International Confederation of Free Trade Unions against the Government of the Union of Soviet Socialist Republics) Survey of the Case Conclusions III. Letter to the Director-General of the International Labour Office from Mr. A. Arutiunian, Representative of the U.S.S.R. Government on the Governing Body 125 126 128 129 130 133 133 140 149 INTRODUCTION On 20 November 1956 the Governing Body of the International Labour Office approved, by 37 votes to 2, with 1 abstention, the 23rd Report of its Committee on Freedom of Association, which dealt with a complaint against the Government of the Union of Soviet Socialist Republics presented by the International Confederation of Free Trade Unions. Further, on 1 November 1957 the Governing Body approved, subject to 3 votes against, with 1 abstention, that part of the 27th Report of the Committee on Freedom of Association dealing with the same question. This approval was given in accordance with the procedure for the examination of complaints alleging infringements of the exercise of trade union rights, which was established by mutual agreement between the Economic and Social Council of the United Nations and the Governing Body. The origins and working of this procedure may be summarised as follows. In January 1950 the Governing Body, following upon discussions with the Economic and Social Council which had taken place over a period of nearly two years, decided to establish a Fact-Finding and Conciliation Commission on Freedom of Association and defined its terms of reference. It also decided to communicate to the Economic and Social Council a certain number of suggestions with a view to formulating a procedure for making the services of the Commission available to the United Nations. On 17 February 1950 the Economic and Social Council, during its Tenth Session, adopted a resolution in which it formally approved the decision of the Governing Body, considering that it corresponded to the intent of the Council's earlier resolutions and that it was likely to prove a most effective way of safeguarding trade union rights. It also decided to accept, on behalf of the United Nations, the services of the I.L.O. and the Fact-Finding and Conciliation Commission. In March and June 1950 the Governing Body at its 111th and 112th Sesssions appointed the members of the Fact-Finding and Conciliation Commission, who were chosen not by reason of their nationality but exclusively on the grounds of their competence, experience and impartiality. 2 TRADE UNION RIGHTS IN THE U.S.S.R. At the 33rd Session of the International Labour Conference (June 1950) the validity of the action taken by the Governing Body in establishing the Commission was called in question and the Conference adopted a report by its Selection Committee approving and confirming the decisions taken by the Governing Body. It is open to the Governing Body to refer to the Commission for impartial examination any allegations of infringements of trade union rights which the Governing Body, or the Conference acting on the report of its Credentials Committee, considers appropriate. It is also open to any government against which an allegation of infringement of trade union rights is made to refer such an allegation to the Commission for investigation. The Commission is essentially a fact-finding body, but it is authorised to discuss situations referred to it for investigation with the government concerned with a view to securing the adjustment of difficulties by agreement. The only complaints receivable, apart from those officially transmitted to the I.L.O. by the General Assembly or the Economic and Social Council of the United Nations, are those which come either from organisations of workers or employers or from governments. All allegations regarding infringements of trade union rights received by the United Nations from governments or trade union or employers' organisations against l.L.O. States Members are transmitted by the Economic and Social Council to the Governing Body of the International Labour Office. With the exception of cases covered by article 26 of the I.L.O. Constitution (which, it will be recalled, relates to the supervision and application of Conventions ratified by a State Member) no complain* can be referred to the Commission without the consent of the government concerned. Thus, if the Governing Body is of the opinion that a complaint should be investigated it must first seek the consent of that government. If such consent is not forthcoming the Governing Body has to give consideration to the refusal with a view to taking any appropriate alternative action designed to safeguard the rights relating to freedom of association involved in the case, including measures to give full publicity to the charges made, together with any comments of the government concerned, and to that government's refusal to co-operate in ascertaining the facts and in measures of conciliation. In November 1951 the Governing Body set up a Committee on Freedom of Association, consisting of nine regular members, to carry out the preliminary examination of complaints previously entrusted to the Officers of the Governing Body. Nine substitute members were also appointed. It also decided that any member of the Committee INTRODUCTION 3 who was a representative or national of the State against which a representation had been made, or was a person occupying an official position in the national association of employers or workers which had made the representation, should be disqualified from participating in the Committee when it was considering cases in which they were concerned. Finally, the Governing Body decided that the Director-General should communicate all allegations to governments as soon as they were received unless he considered that there were special circumstances which made it desirable to refer a matter in the first instance to the Committee. The Committee (after preliminary examination, including the consideration of any observations made by the governments concerned, if received within a reasonable period of time) would be expected to report to the next session of the Governing Body that a case does not call for further examination if it finds, for example, that the alleged facts, if proved, would not constitute an infringement of the exercise of trade union rights, or that the allegations made are so purely political in character that it is undesirable to pursue the matter further or are too vague to permit a consideration of the case on its merits, or that the complainant has not offered sufficient evidence to justify reference of the matter to the Fact-Finding and Conciliation Commission.1 When the Committee, after such preliminary examination, concludes that a case warrants further examination, it shall thereupon report this conclusion to the Governing Body for a decision on the desirability of attempting to secure the consent of the government concerned to the reference of the case to the Fact-Finding and Conciliation Commission. 1 Even though reaching a conclusion of this kind, the Committee may request the Governing Body to address recommendations to the governments of the States concerned inviting them to amend their legislation or administrative practice with a view to bringing them more completely into harmony with the principle of freedom of association. In this connection several reports of the Committee on Freedom of Association contain precise recommendations addressed by the Governing Body to certain governments. For the first, second and third reports of the Committee, see Sixth Report of the International Labour Organisation to the United Nations (Geneva, I.L.O., 1952), Annex V; for the fourth, fifth and sixth reports of the Committee, see Seventh Report of the International Labour Organisation to the United Nations (Geneva, I.L.O., 1953), Annex V; for the seventh, eighth, ninth, tenth, 11th and 12th reports of the Committee, see Eighth Report of the International Labour Organisation to the United Nations (Geneva, I.L.O., 1954), Annex II; for the 13th and 14th reports of the Committee, see I.L.O. Official Bulletin, Vol. XXXVII, No. 4, 30 Nov. 1954; for the 15th and 16th reports of the Committee, see ibid., Vol. XXXVIII, No. 1, 1955; for the 17th and 18th reports of the Committee, see ibid., Vol. XXXIX, No. 1, 1956; for the 19th, 20th, 21st, 22nd, 23rd and 24th reports of the Committee, see ibid., Vol. XXXIX, No. 4, 1956; for the 25th and 26th reports of the Committee, see ibid., Vol. XL, No. 2, 1957; and for the 27th and 28th reports of the Committee, see ibid., Vol. XLI, No. 3, 1958. 4 TRADE UNION RIGHTS IN THE U.S.S.R. The Committee shall submit to each session of the Governing Body a progress report on all cases which the Governing Body has determined warrant further examination. In every case in which the government against which a complaint is made refuses to allow it to be referred to the Fact-Finding and Conciliation Commission or has not replied to a request for such consent, the Committee shall include in its report to the Governing Body recommendations as to the " appropriate alternative action " which it considers the Governing Body might take. It was in accordance with this procedure that, construing the reply of the Government of the U.S.S.R., dated 25 February 1958, as a negative reply to the request addressed to it on 5 November 1957, in accordance with the decision of the Governing Body at its 137th Session (Geneva, 29 October-1 November 1957), that the case concerning the U.S.S.R. should be referred to the Fact-Finding and Conciliation Commission, the Governing Body decided, on 20 November 1958, to give full publicity to the 23rd and 27th Reports of the Committee on Freedom of Association and to the reply received from the Government of the U.S.S.R. The 23rd Report of the Committee contains an analysis of the complaint presented by the International Confederation of Free Trade Unions and of the observations of the Government of the U.S.S.R. on the complaint, cites the texts of the principal legislative provisions and other documents relating to the trade union situation in the U.S.S.R. and reproduces the conclusions of the Committee on Freedom of Association. The 27th Report of the Committee also contains the text of a communication from the Government of the U.S.S.R., in which the Government comments on the conclusions contained in the 23rd Report of the Committee, and reproduces the further conclusions of the Committee and its recommendation to the Governing Body to request the Government of the U.S.S.R. to consent to referral of the question of freedom of association in the U.S.S.R. to the Fact-Finding and Conciliation Commission on Freedom of Association. A communication dated 25 February 1958 from the Government of the U.S.S.R., which relates to both the 23rd and the 27th Reports of the Committee on Freedom of. Association is appended. TWENTY-THIRD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 1. The Committee on Freedom of Association set up by the Governing Body at its 117th Session (Geneva, November 1951) met at the International Labour Office, Geneva, on 9 and 10 November 1956. In the absence of Mr. Paul Ramadier, former Prime Minister of France and Chairman of the Committee, the Committee met under the chairmanship of Mr. Roberto Ago, former Chairman of the Governing Body. 2. The Committee examined Case No. I l l relating to the Union of Soviet Socialist Republics and submits for the approval of the Governing Body the conclusions which it has reached concerning this case. 3. The Committee is still considering the 25 further cases included in its agenda and will submit further reports to the Governing Body at its present session. Case No. I l l ; Complaint Presented by the International Confederation of Free Trade Unions against the Government of the Union of Soviet Socialist Republics ANALYSIS OF THE COMPLAINT 4. The complaint presented by the International Confederation of Free Trade Unions (I.C.F.T.U.) against the Government of theU.S.S.R. is contained in three communications : two of these dated 20 July 1950 and 28 May 1952 respectively, were addressed to the Economic and Social Council of the United Nations and, following the entry of the U.S.S.R. into the International Labour Organisation, were referred to the I.L.O. by the Economic and Social Council at its 18th Session (June 1954) ; the third was addressed directly to the I.L.O. by the I.C.F.T.U. on 7 October 1954. The complainant's three communications are analysed below. Communication Dated 20 July 1950 5. In this communication the complainant makes, in particular, the following allegations: 6 TRADE UNION RIGHTS IN THE U.S.S.R. Government Determines Policy. 6. The trade unions in the Soviet Union were not permitted to call a convention for 17 years—from 1932 until 1949. The practice of fixing wage rates and working conditions by collective bargaining was discontinued in 1934. Since that time wage rates in the U.S.S.R. have been determined by the Soviet Government or its agencies. In 1947, after 12 years during which no collective agreements had been concluded, the agreements were reintroduced, but in name only, since collective agreements currently negotiated in the Soviet Union do not determine wages or working conditions. Who determines the policy of these organisations—the union members themselves or a government or Party agency ? The Soviet Constitution of 1936, in article 126, establishes the monopolistic position of the Soviet Communist Party and defines the Communist Party as " the leading core of all organisations of the working people, both public and State ". Trade unions are listed in the same article among " the public organisations " authorised by the Constitution. The submission of the trade unions to the orders of the Communist Party was recognised in a statement by their President, Mr. V. V. Kuznetsov, in his report on the activities cf the Central Council of Soviet Trade Unions : " In all their activities the trade unions unrelentingly follow the directives of Lenin and Stalin on the role of trade unions. The strength of the Soviet trade unions lies in the wise leadership by the Soviet Communist Party and Comrade Stalin." 1 In the same vein, Mr. A. P. Osipov, Secretary of the Central Council, declared : " The source of the strength of the trade unions and of their authority among the large masses of manual and white-collar workers is the fact that our glorious party of Bolsheviks day by day directs the trade unions The Soviet trade unions are proud and happy that their entire activities are directed day by day by the Communist Party and by that wise leader and teacher, the great Stalin." 3 In another issue of Trud, that of 11 May 1949, appears the following passage : " The entire work of the trade unions is done under the leadership of the Communist Party—the organising and directing force of Soviet society. The trade unions of the U.S.S.R. gather the working masses around the Party of Lenin and Stalin." Workers Tied to the Plant. 7. In order to form a true understanding of the contrast between the worker and the convict, one has to consider the juridical aspects of 1 2 Trud (Moscow), 20 Apr. 1949. Ibid., 27 Apr. 1949. 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 7 the conditions under which the ordinary Soviet Russian labourer works. A plain answer to this question is to be found in the books Sovietskoe Trudovoe Pravo [Soviet Labour Law] (Moscow, 1946) and Zakonodatelstvo o Trude [Labour Legislation] (Moscow, 1947), by N. G. Aleksandrov and his collaborators. Both these works were edited by the Institute of Jurisprudence of the U.S.S.R. and published by the Ministry of Justice of the Soviet Union, that is to say by the highest legal authorities of Russia. From these books it appears that in Soviet Russia all employees, both workers and officials, are bound to their places of employment. A decree of the Presidium of the Supreme Soviet on 26 June 1940 declared that nobody is allowed to leave his employment or apply for other work without the consent of his employer. Any worker guilty of such a "crime" of leaving his employment may be tried in a court of law and be subject to imprisonment for up to four months; if the offender is employed in a munitions factory, the sentence can run as high as eight years, according to a decree of 26 December 1941. Punishment awaits employers who give employment to or fail to take legal proceedings against those who undertake to change their place of employment on their own account. While workers and officials are completely bound to their places of employment management has the power to transfer workers from one factory to another anywhere in the entire country, with no right of protest on the worker's part. Every worker and official is compelled to have a labour book, according to the decree of 20 December 1938. The book contains the dates of engagement and discharge and the reasons for the latter; it remains in the possession of the board of directors of the enterprise. When a worker is removed from one factory to another, the labour book is sent directly to the new place of employment. The worker receives his book only in case he has been granted permission to leave. Workers who cannot present a fully correct labour book are not allowed to be employed. Children Are Deported for Apprenticeship and for Work. 8. Under these laws children may likewise be deported to different places of employment and, through a contract, be bound to their occupation. The decree of the Presidium of the Supreme Soviet of 2 October 1940, and its later supplements, declare that every year about 1 million boys and girls between the ages of 14 and 17 are to be compulsorily enrolled and sent to industrial schools for labour reserves. Neither the children nor their parents are permitted to voice any complaints. 8 TRADE UNION RIGHTS IN THE U.S.S.R. The Role of the Foreman—Penalties against the Worker. 9. The dictatorial rule in Soviet factories is exercised by the foreman, whose status is described in the decree of 27 May 1940. It criticises those practices that do not give the foreman the right to distribute manpower, to classify workers according to wage categories, to grant premiums to or impose penalties upon his subordinates ; to have a voice in the fixing of the " norms " (tasks) and to administer the wage fund allotted to the section of the plant under his supervision. Section 4 of the above-mentioned decree confers upon the foreman the right to impose disciplinary penalties upon those who " violate " working discipline and disorganise production. The Model Disciplinary Rules, as worked out by the Central Council of the Soviet Trade Unions and confirmed by the Council of the People's Commissars on 18 January 1941, provide for the following penalties for violation of working discipline: (a) warning; (b) reprimand; (c) severe reprimand; (d) transfer to another job where wages are lower for a period up to three months, or demotion to a lower position. According to section 21 of the Model Rules, disciplinary penalties are also imposed upon any worker " who is late in coming to work without valid reason, or leaves his work to go to lunch too early, or is late in returning after lunchtime, or is slack during working hours ". This provision applies only to those who were less than 20 minutes late, since anybody more than 20 minutes late is liable to criminal prosecution. In addition, there exist in the Soviet Union special regulations regarding the material liability of workers for damages and losses of plant property for which they are made responsible. They give management the right to deduct from wages certain specific sums as compensation for losses and damages attributed to the workers.1 They provide that workers must pay five times the value of the actual loss if any raw materials, partly processed or manufactured goods,. tools, working clothes, and other factory property entrusted to them, are lost or damaged because of their negligence. A decision of the plenary session of the Supreme Court of the U.S.S.R. of 25 December 1941 stated— If the violation of the working rules was committed by the employee in order to obtain his dismissal in this manner, such acts must be regarded as a peculiar kind of unauthorised abandonment of the job concomitant with an attempt to avoid criminal prosecution; in view of this, in such cases the employee is liable to criminal prosecution according to section 1 of article 5 1 N. G. ALEKSANDROV and D . N. GENKIN: Sovietskoe trudovoe pravo (Moscow, 1946), pp. 284-297. [This is the official text book on Soviet labour law.] 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 9 of the decree of the Presidium of the Supreme Court of the U.S.S.R. of 26 June 1940.1 Wages Are Dictated. 10. The individual worker has no say in the determination of his wages. The foreman decides the wage rate for the individual worker according to an official handbook which contains a classification of the various jobs and indicates the corresponding wage categories. The fixing of wages is described in the following paragraphs : In effect, no diversity in the determination of wage systems and levels can be admitted under the conditions of unified national economic planning. For this reason, wages are regulated in our country in a centralised manner, by the Government of the U.S.S.R., through appropriate normative acts (that is, acts having the character of a binding legal rule) and not by contract. The inviolability of this principle was emphasised by the decree of the Council of Ministers of the U.S.S.R. of 4 February 1947, according to which it is expressly forbidden to include in collective agreements any system of pay for the work of manual workers, engineers, technicians and white-collar workers which has not been approved by the Government.2 It is not surprising that, under these conditions, incentive pay has become a device for anti-worker managerial practices. Piece-rate cutting and speed-up methods are advocated and prescribed by the highest authorities of the country. By fostering Stakhanovite methods, certain workers are engaged to serve as " pace setters " in establishing higher " norms " of work. In practice, the foreman's obligation to revise piece-rates forces him to use " drive " methods. Open Ballot. 11. It is worth mentioning that the constitutions of Soviet unions have abolished the secret vote in the election of the so-called " Trade Union Group " organisers. The group, numbering up to 20 members, is the lowest unit of the Soviet trade unions. The group organiser is the steward of such a unit. He is the basic link between the trade union leader and the workers in the shop. From this it results that the trade union representative most closely connected with the mass of the workers and most likely to be influenced by their real sentiment and desires is not appointed by secret ballot. 12. These few examples, all taken from official Soviet publications, show that trade unions, in the true sense of the words, do not exist in the Soviet Union. 1 2 N. G. ALEKSANDROV and D. N. GENKIN: Sovietskoe trudovoe pravo, op. cit. p. 297. G. MOSKALENKO: "Legal Problems of the Collective Agreement ", in Professionalnye Soyuzy [Trade Unions] (organ of the All-Union Central Council of Trade Unions), No. 8, Aug. 1947, p. 16. 10 TRADE UNION RIGHTS IN THE U.S.S.R. Communication Dated 28 May 1952 13. This communication from the I.C.F.T.U. contains the following allegations. Absence of Genuine Trade Unions. 14. The Soviet Government has continued to violate fundamental trade union rights, above all by denying to all workers of the Soviet Union the right to voluntary association for the protection of their interests. Although there exists a structure of organisations called " trade unions ", these bodies do not perform the main function of trade unions in the accepted sense of the word—defence of the rights, the standards of living and the working conditions of the workers. Instead, they are used by the state machinery as yet another organ of labour supervision, of enforcement of labour discipline and, above all, of driving the worker relentlessly to greater and greater exertions. As no organisations of workers are allowed to exist, the workers' right to form trade unions is in effect suppressed by the Soviet Government. Speeches made by the leaders of the Soviet " trade unions ", articles in Trud, the central organ of the " trade unions ", and resolutions adopted at the Seventh Plenary Session of the All-Union Central Council of Trade Unions, which wash eld in December 1951, provide abundant proof that there is no trade union movement in the Soviet Union but only organisations called upon to help the State and the Communist Party to tax as heavily as possible the physical forces and endurance of the working people. Soviet Trade Unions Are Dominated by the Communist Party. 15. The domination of Soviet trade unions by the Communist Party and the use of trade unions as a training ground for the Party are made evident in the speeches which are delivered by Soviet trade union leaders. For instance, Mrs. N. V. Popo va, Secretary of the All-Union Central Council of Soviet Trade Unions, said : "As the school of communism, Soviet trade unions are called upon to train the working people in the spirit of the ideals of Lenin and Stalin." 1 The resolutions regarding " the work of trade union activs 2 " adopted by the Seventh Plenary Session of the All-Union Central Council of Soviet Trade Unions very significantly begin with the following statement: "As the school of 1 Quoted from a translated report of 1951 meetings of the All-Union Central Council of Trade Unions by U.S. News and World Report, 6 Apr. 1951. 2 In Soviet terminology the word " activ " means the militant elements of an organisation. 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 11 communism, trade unions engage in their many-sided activity among workers and employees under the leadership of the Communist Party." * Soviet " Trade Unions " Are Not Concerned with Workers'" Living Conditions. 16. In the reports on the Seventh Plenary Session of the All-Union Central Council of Trade Unions, published by Trud, wage rates, hours of work, methods of payment of wages and other conditions of employment were not mentioned. No mention was made of any plans for wage bargaining made by the Council and no grievances in these matters were considered. In the resolutions adopted by the Council and published subsequently in Trud all these matters of vital importance to the worker were not even touched upon. These matters are quite obviously not within the scope of the so-called trade unions in the Soviet Union. Strikes and Stoppages Are Not Permitted. 17. Soviet law does not provide for the right to strike. Stoppages of production do sometimes occur, but, from whatever causes they arise, they have nothing to do with trade unions and are dealt with administratively. This was made quite clear in a speech by an outstanding leader of the Soviet trade unions, Mr. V. V. Kuznetsov, President of the All-Union Central Council of Trade Unions, who said at the annual convention of Soviet trade unions last year : " The Government has charged ministries and departments not to permit stoppages and excessive overtime work." 2 " Collective Agreements " in the Soviet Union. 18. It is true that collective agreements are entered into by the Soviet " trade unions ", but these contracts do not deal with wages, hours of work and other conditions of employment. Their aim is quite different. They are the main means of placing on trade union organisations the co-responsibility for the achievement of government production plans, for enforcement of labour discipline in factories and workshops, for increasing labour productivity and for the speed-up of work. A Trud editorial of 16 January 1952 contains a description of the collective agreements for the current year. The contracts provide in particular for fulfilment and over-fulfilment of the State Economic Plan for 1952. The 1952 contracts differ from the previous year's in paying particular attention to qualitative production indices—improvement of products, lowering of unit costs, careful use of materials, fuel and electric power and perfection of production techniques. The contracts take account 1 Trud, 20 Dec. 1951. Quoted from a translated report of 1951 meetings of the Central Council of Trade Unions by U.S. News and World Report, 6 Apr. 1951. 2 12 TRADE UNION RIGHTS IN THE U.S.S.R. of the rise in the technical level of industry and emphasise the further development of " socialist competition " and the dissemination of advanced experience.1 In whatever respects these new contracts differ from last year's, one thing has remained unchanged: they are not agreements on wages and other conditions of employment arrived at by collective bargaining. In the decisions on the " fulfilment of collective agreements in railway transport ", adopted by the Seventh Plenary Session of the AU-Union Central Council of Trade Unions, the following instructions are to be found: In collective agreements special attention must be given to the further development of socialist competition for the fulfilment and over-fulfilment of the plans of every railway line for better utilisation of rolling stock, lowering of unit costs, economy of fuel, electric power and materials. In the mutual obligations must be included problems of intensification, of educational work aiming at the strengthening of labour discipline, at introduction of new methods and of advanced technology, together with the dissemination of experience of innovators, at further increases in labour productivity and culture of production, at improvement in working conditions, as well as in housing and cultural services for the workers.2 This list of items to be included in collective agreements is very significant both for its admissions and for its omissions. The Seventh Plenary Session of the AU-Union Central Council of Trade Unions adopted also the following resolution: The Plenary Session makes it obligatory for trade union organisations to further the endeavours of trade union groups, departmental committees and factory committees to develop socialist competition for the successful fulfilment and overfulfilment of production plans, according to the established specifications and in required assortments, for improvement in the quality of products, for the lowering of unit costs, for the economical use of materials and electric power and for the full utilisation of the internal reserves (stocks) of enterprises.2 From these quotations it appears quite indisputable that " collective agreements " in the Soviet Union are not the means of protecting workers' wages and other conditions of employment through collective bargaining. These contracts are a means of forcing on the trade unions the responsibihty for driving the Soviet worker to continuously increasing exertions. Once concluded, these agreements place the responsibihty on the " trade unions " for the supervision of workers and especially for the maintenance of discipline and the speeding-up of work. A Trud editorial of 25 January 1952 makes this quite plain: " Mass checkups on the fulfilment of last year's collective contracts are being carried 1 Trud, 16 Jan. 1952; summary quoted from Current Digest of the Soviet Press (Ann Arbor, Joint Committee on Slavic Studies), Vol. IV, No. 4, 8 Mar. 1952, p. 26. ' Trud, 20 Dec. 1951, p. 2. 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 13 out in enterprises and new collective contracts are being concluded. It is the duty of trade union organisations to strive for unconditional fulfilment of these collective contracts." x True Trade Unionism is Denied the Right of Existence. 19. Trade union rights are continuously violated by the Soviet Government. Soviet organisations which go by the name of trade unions are not supposed to defend and, by their own confessions, do not defend workers' living conditions, but are a means of driving the worker to harder and harder work. There are no trade unions in the accepted sense of the word in the Soviet Union. It is, therefore, clear that the Soviet Government has been violating the fundamental trade union rights, and even the right of trade unions to exist for the defence of the workers' interests. Communication Dated 7 October 1954 20. In this communication the I.C.F.T.U. makes the following allegations : Facts. 21. The Preamble to the Constitution and Rules of the Soviet Trade Unions, adopted by the Tenth Congress of the Trade Unions of the U.S.S.R. on 27 April 1949 and confirmed by the 11th Congress (7-15 June 1954) declares that the Soviet trade unions, which are a social and non-partisan organisation of the masses, unite on a voluntary basis workers and employees of all occupations without distinction as to race, nationality, sex or religion. The next paragraph of this Preamble reads as follows : " The Soviet trade unions accomplish all their activities under the direction of the Communist Party of the Soviet Union, which is the organising and directing force in Soviet society. The trade unions of the U.S.S.R. range the masses of the workers behind the Party "2 22. Article 126 of the Soviet Constitution, which refers to " public organisations ", a term in which the trade unions are included, proves that the Communist Party of the Soviet Union— ... is the leading core of all the organisations of the workers. The Constitution and Rules of the Soviet Trade Unions confirm on many occasions that the Soviet trade unions are a tool in the hands of the state administration. It places in the forefront of Soviet trade union activities the organisation of socialist emulation of the workers and employees for the maximum increase of productivity, for the achievement and exceeding of plans drawn up by the State, for constant progress in all branches of industry, transport and agriculture, for improvement of the quality of production and reduction in manu2 facturing costs 1 2 Current Digest of the Soviet Press, Vol. IV, No. 4, 8 Mar. 1952, p. 27. Trud, 19 June 1954. 14 TRADE UNION RIGHTS IN THE U.S.S.R. 23. At the 11th Congress of Soviet Trade Unions, the President of the Soviet Trade Unions, Mr. Nicolas Shvernik, declared in his report to the Congress that the Soviet trade unions had, during the period under review, done considerable work in mobilising the workers and employees to battle for the accomplishment and exceeding of national economic plans. He declared also that the Central Committee of the Party highly appreciated the part played by the trade unions as organisers and educators of the workers and had entrusted to the trade unions extremely important tasks in the future development of the national economy. He added that the Soviet trade unions must improve their direction in the organisation of socialist competition to increase productivity and to ensure the carrying out of state plans in all undertakings. According to the President of the Soviet trade unions the principal task of the trade unions must be the continuous development of socialist competition.1 24. An amendment to the Constitution and Rules of the Soviet Trade Unions was adopted by the 11th Congress on the proposal of Mrs. Popova, Secretary of the All-Union Central Council of Trade Unions, who stated, among other things — The present Constitution and Rules were adopted five years ago and it is natural that they do not fully reflect the changes which have come about in the practical work of the trade unions during the last few years and that they do not define their increased tasks. The application of the policy of the Party is the vital task of the Soviet trade unions. That is why it is necessary to propose the following amendment to the Preamble to the Constitution and Rules : " The trade unions take an active part in the State and the construction of its economy in the preparation of laws dealing with production, labour, living conditions, cultural problems and in working for the strict application of these laws." 2 25. In the general resolution adopted by the 11th Congress of Soviet Trade Unions, it is stated that the address sent to the 11th Congress by the Central Committee of the Communist Party and the Council of Ministers of the U.S.S.R. constitutes a militant programme defining all the functions of the Soviet trade unions under present conditions. It is also indicated that " for the happy solution of the tasks entrusted to the trade unions by the Party and the Government it is necessary resolutely to improve the standard of trade union work at all levels ". 3 26. Collective agreements, which had been abolished in February 1933, were reintroduced in 1947. The Presidium of the All-Union Central Council of Trade Unions with the approval of the Council of 1 Trud, 8 June 1954. Pravda (Moscow), 13 June 1954. a Ibid., 16 June 1954. 2 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 15 Ministers of the U.S.S.R., announced in March 1947 the need for a vast campaign with a view to the introduction of collective agreements in industry, building and the merchant marine. As the President of the Soviet Trade Unions stated, this campaign was introduced " on the demand of Comrade Stalin " in order to stimulate the accomplishment and exceeding of economic plans. 27. The Soviet trade unions do not freely negotiate wages and conditions of employment, as these are fixed by the state authorities. Thus, the resolution of the Presidium of the All-Union Central Council of Trade Unions concerning the reintroduction of collective agreements required that piece-work rates, progressive piece-work rates and bonuses as approved by the Government must be specified in collective agreements. The same resolution formally prohibits the inclusion in collective agreements of rates which have not been approved by the Government. If wage rates are included in a collective agreement, they are only the application of the Government's plan for the accomplishment of which the collective agreement has been drawn up. The first object of collective agreements is, therefore, to define the specific tasks and obligations devolving on the undertakings and on their staffs in the accomplishment of the Government's plan. 28. In his report to the 11th Congress of Soviet Trade Unions, the President of the Soviet Trade Unions, Mr. Shvernik, declared that in a number of undertakings collective agreements to ensure the accomplishment of the State Plan and to improve living conditions, etc., were systematically ignored, and further that the accomplishment of the great tasks confronting the Soviet people required the trade union organisations to enhance the importance of collective agreements as a means of organising the masses in the struggle to accomplish and exceed the State Plan and to improve the material and cultural living standards of the workers. 29. Article 16 of the Constitution and Rules of the Soviet Trade Unions provides that " the elected trade union organs choose their president, their secretary and the members of their Presidium from among their members by a public vote ". In March 1953, 24 hours after the death of President Stalin, the Soviet radio annouced a reorganisation of the most important organs of the Union of Soviet Socialist Republics; the appointment of Mr. Shvernik as President of the AllUnion Central Council of Trade Unions was one of these changes. This decision was taken along with others by the Central Committee of the Communist Party of the Soviet Union, the Council of Ministers of the U.S.S.R. and the Presidium of the Supreme Soviet meeting in joint 16 TRADE UNION RIGHTS IN THE U.S.S.R. session. Even though this decision was later confirmed by the AU-Union Central Council of Trade Unions and by the 11th Congress of Soviet Trade Unions, it nevertheless constitutes a flagrant violation of the Constitution and Rules of the Soviet Trade Unions and of their independence. 30. Since June 1933 the Soviet trade unions have, from the legal point of view, become a state organ. Thus, the Compilation of Laws and Provisions of the Government of the U.S.S.R. (10 July 1933, N o . 40, section 1, p . 449) contains the following stipulations: 238. Decisions of the Central Executive Committee of the Council of Peopled Commissars and of the AU-Union Central Council of Trade Unions1 On the unification of the People's Labour Commissariat of the U.S.S.R. and of the Ail-Union Central Council of Trade Unions. Anticipating proposals of the occupational trade union organisations and in order to bring about the better execution of the tasks devolving on the People's Labour Commissariat of the U.S.S.R., the Central Executive Committee of the U.S.S.R., the Council of People's Commissars and the All-Union Central Council of Trade Unions decides : 1. The People's Labour Commissariat, with all its local organs, including the organs of social security, will merge with the central and regional machinery of the Ail-Union Central Council of Trade Unions, the tasks of the People's Labour Commissariat and of its organs devolving on the All-Union Central Council of Trade Unions. 2. The AU-Union Central Council of Trade Unions will submit to the Council of People's Commissars of the U.S.S.R. within one month the draft of the concrete measures (to be adopted) to put the present decision into application. KALININ, President of the Central Executive Council of the U.S.S.R. MOLOTOV, President of the Council of People's Commissars of the U.S.S.R. SHVERNIK, Secretary of the AU-Union Central Council of Trade Unions. Moscow, The Kremlin, 23 June 1933.1 Law. 31. The facts set forth above, together with those set forth in the complaints from the I.C.F.T.U., dated 20 July 1950 and 28 May 1952, afford sufficient proof that freedom of association does not exist in the U.S.S.R. The workers of the U.S.S.R. are not able to constitute trade union organisations of their own choice to express and reflect faithfully their aspirations as workers. l Izvestia, No. 158, 24 June 1933. 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 17 32. The trade union organisation at present existing in the U.S.S.R. is absolutely contrary to the principles of the Declaration of Philadelphia and the principles contained in international Conventions Nos. 87 and 98, as well as to the resolution concerning the independence of the trade union movement adopted by the 35th Session of the International Labour Conference. 33. The Soviet trade unions are, in reality, state organs responsible for applying decisions taken by the Communist Party and the Council of Ministers of the U.S.S.R. They do not fulfil the normal functions of trade union organisations. They cannot be regarded as being representative of the workers of the U.S.S.R., who thus find themselves deprived of the right to organise freely to defend their moral and material interests. 34. In conclusion, the complainant requests the Governing Body— (1) to declare that the complaints made by the I.C.F.T.U. against the Government of the U.S.S.R. with respect to the violation of freedom of association merit further examination; (2) to ask the Government of the U.S.S.R. to consent to these complaints' being referred to the Fact-Finding and Conciliation Commission on Freedom of Association. ANALYSIS OF THE GOVERNMENT'S FIRST REPLY 35. In its reply dated 3 November 1954 the Government of the U.S.S.R. presents its observations on the two communications of the I.C.F.T.U., dated 20 July 1950 and 28 May 1952, which are analysed in paragraphs 5 to 19 above. 36. The Government declares that the communications from the leaders of the " International Confederation of Free Trade Unions " concerning the alleged violation of trade union rights in the U.S.S.R. are not in accordance with the facts; they are merely slanderous; they are made for political purposes and bear no relation to the functions of the International Labour Organisation. 37. The leaders of the I.C.F.T.U. cannot be unaware of the fact that the Soviet trade unions are the freest democratic organisations in the world and that, in the Soviet State, they have extensive rights, great authority and much influence. 38. In the Soviet State, where the workers are in power, there is not and could not be any possible basis for a violation of trade union rights, nor for a persecution of trade unions such as occurs in some capitalist countries. 18 TRADE UNION RIGHTS IN THE U.S.S.R. 39. The trade unions of the U.S.S.R. are an entirely comprehensive, non-party public organisation of wage earners and salaried employees which bring together on a voluntary basis more than 40 million such persons in all occupations without discrimination of race, nationality, sex or religious convictions. 40. The extensive rights of the Soviet trade unions are guaranteed by the Constitution of the U.S.S.R. 41. As non-party mass organisations the trade unions carry on their work in accordance with their constitution, which was adopted by the Congress of Trade Unions of the U.S.S.R. Their democratic character finds its expression in the voluntary union of the workers and in the holding of elections by secret ballot for works and local committees, all the other trade union directing bodies, and for the choice of delegates to conferences and meetings. 42. In accordance with the constitution of the trade unions, elections to works and local councils and elections of organisers and group organisers take place each year. Elections to the central committee of each trade union and to the regional, local and other bodies take place every two years. The Congress of Trade Unions of the U.S.S.R. meets at least once every four years. 43. Decisions of the trade union organisations are taken by majority vote ; no decision can be taken against the wishes and desires of the majority. The members of the trade union have the right to nominate, reject or criticise every candidate proposed for membership of trade union directing bodies. 44. The trade unions of the U.S.S.R. administer social insurance. In accordance with democratic principles, large numbers of workers and salaried employees belonging to the trade unions take part in this work. 45. The workers and salaried employees of the Soviet Union do not pay any social insurance contributions, since these are paid for them by the undertakings and institutions. The funds available for social insurance are increasing year by year. In 1954 the sum devoted to this purpose was 24,700 million roubles, i.e. 2.8 times as much as in 1940. The social insurance funds pay pensions and allowances, the cost of workers' treatment at spas, the cost of children's holidays and similar items. At the present time the trade unions administer a very large number of sanatoria, prevention centres and rest homes. During the period between the 10th and 11th Trade Union Congresses, 13 million workers and salaried employees received treatment at sanatoria and spas. 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 19 46. The trade unions take an active part in the development of action to promote health; they concern themselves with the expansion of works polyclinics, first-aid centres and hospitals; they maintain constant supervision of the medical services for workers, employees and the members of their families, and co-operate in improving these services. More than a million doctors and ancillary medical personnel provide the workers with free medical care. 47. The Soviet State allots very large sums of money for the further improvement of the conditions of work of wage earners and salaried employees. Extremely detailed and comprehensive legislation on labour protection and industrial safety is in force in the U.S.S.R. 48. The trade unions maintain a constant watch over the application of labour legislation and strive to bring about any action required to ensure safe and healthy working conditions in the undertakings. The trade unions have about 1,300,000 public inspectors and members of labour protection committees. The trade union technical inspectors have far-reaching rights. They visit all undertakings without hindrance, and express their views from the health and safety standpoint as to whether new undertakings or workshops are ready to start operation. The instructions of the technical inspectors for correction of breaches of rules regarding labour protection are binding upon managements. The technical inspectors may take appropriate action against heads of undertakings, shop managers and foremen in case of failure to comply with the laws to protect the workers' health. 49. The trade unions do a great deal to provide the workers with cultural facilities and are active also in the fields of physical culture, sport and travel. 50. The trade unions have about 9,500 clubs and cultural centres, over 13,000 fixed libraries and a very large number of other cultural and educational services in undertakings. 51. At the clubs and cultural centres over 2 million workers and salaried employees participate free of charge in amateur artistic groups of various kinds where they can develop their talents and abilities. The regular repertoire of these groups includes the best works of Russian and foreign literature, drama, music and folklore. 52. Millions of members of the trade unions take part in physical culture and sports. The trade unions own more than 4,000 stadiums, sports clubs and grounds, and aquatic sport and skiing centres. All these facilities are made available free of charge to the trade union 20 TRADE UNION RIGHTS IN THE U.S.S.R. members. Utilisation of sporting equipment and engagement in physical culture under qualified trainers and instructors are also free of charge. 53. In the Soviet Union the exploitation of man by man, unemployment in the cities and poverty in the villages have been abolished once and for all. The position of the working class has been radically changed : formerly oppressed and exploited, it is now the ruling and directing class. 54. In the conditions of Soviet society, where men work not to enrich a handful of capitalists but for their community, for themselves, the workers are extremely active and show creative initiative in carrying out and exceeding the production plans. 55. Soviet people know that, the more output is raised, the more quality is improved and production costs cut down, the more rapidly will the income of the workers be increased and prices of goods and products reduced; the more rapidly also will budgetary appropriations for health, education, housing and social security be augmented and the standard of living of the people grow higher. 56. This is the reason why in the Soviet Union socialist emulation, which started in the first years of the Soviet régime, has now become a nation-wide movement aimed at increasing labour for society. This is the reason too why the Soviet trade unions, genuinely representing the interests of the workers, take a vigorous part in organising socialist emulation, and organise and actively participate in socialist construction. 57. The rapid progress of labour productivity and the improvement of quality co-efficients in Soviet undertakings have come not as a result of physical effort but thanks to the rationalisation and perfection of production methods and by means of the new techniques which are constantly^being introduced in the factories, mills, mines and construction sites. 58. The Soviet worker sees in the machine not an enemy driving him out of the plant to swell the ranks of the unemployed but a friend who makes his work easier. So it is that the workers themselves are constantly concerned with invention and rationalisation, and constantly improve their own tools and equipment. The foremen give active help to workers in this respect. In a socialist undertaking the interests of foremen and workers are identical: they are working for themselves. The foreman is not content to organise production, but also helps the worker to improve his skill and to carry out the tasks entrusted to him; the foreman deals with labour protection and safety technique, introduces a better organisation of work and higher earnings. Whereas under capitalist conditions the foreman acts for the capitalists in his 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 21 exploitation of the working class, the foreman in a Soviet undertaking belongs to the undivided community of workers. 59. The trade unions help the wage earners and salaried employees to improve their occupational skills by organising various courses and study programmes at the expense of the undertaking. In the Soviet State workers and juveniles do not have to pay for technical education and training. A comprehensive system of schools and courses is provided for them in the undertakings, and they may thus acquire skills and improve their qualifications free of charge. 60. A large number of vocational schools, factory schools, and technical and agricultural schools and colleges have been established for this purpose in the U.S.S.R. Students at such schools are instructed free of charge. The Government provides them with free food, lodging, clothing and footwear. During the summer holidays, rest homes in the country are arranged for them, and the trade unions send participants to sanatoria and rest homes. When the young workers have completed their training, all obtain work in accordance with the skills and qualifications which they have acquired. This explains why young people spontaneously enter these schools and are very glad to do so. 61. The trade unions of the U.S.S.R. constantly strive to secure a further improvement in the material well-being, the cultural level and the conditions of fife of wage earners and salaried employees. 62. The continuous rise in the national income is a sure sign of the increasing well-being of the workers. Whereas in capitalist countries more than half the national income is held in the grip of the exploiting classes, the entire national income of the Soviet Union belongs to the workers. To satisfy their personal material and cultural needs, the workers of the U.S.S.R. receive about three-quarters of the national income; and the remainder is used to increase socialist production and for other national and communal purposes. 63. Real wages are constantly rising in the U.S.S.R.: the systematic lowering of prices of mass consumption goods and products is the main reason for this. As the result of seven successive reductions, retail prices of mass consumption goods now stand at 2.4 times less than the level in 1947, when the first reduction took place. 64. In the Soviet Union wages are not the only material benefits which the workers receive. The State spends thousands of millions of roubles to provide for the cultural and material needs of the workers without cost to them, for their schooling, health care, social insurance and living expenses during study, as well as other allowances and ad- 22 TRADE UNION RIGHTS IN THE U.S.S.R. vantages. During the year 1953 these payments and free services to the population represented a total sum more than three times as high as the corresponding figure for 1940. 65. The real wages of the wage earners and salaried employees of the U.S.S.R. increased by 65 per cent, between 1940 and 1953; or, if account is taken also of the increase in state expenditure on cultural and collective material services for the population, the total income of workers and employees increased by 89 per cent, during this same period. 66. In order to improve the workers' conditions of life, the trade unions of the U.S.S.R. effect public, popular supervision of the execution of construction projects for housing, cultural and community purposes, the improvement of workers' canteens, shops, communal institutions and city transport services ; they participate in the allocation of accommodation in houses belonging to undertakings and institutions. 67. In 1953 the total capital invested in housing construction was almost four times as great as in 1940; and in 1954 the capital invested will have increased by 35 per cent, as compared with 1953. During the post-war years, 183 million square metres of housing space have been built and occupied, in addition to crèches and kindergartens providing places for over 240,000 children; and 856 scout holiday centres and many other cultural and social institutions have been constructed. 68. These facts and figures are eloquent proof of the very great effort which is being made in the Soviet State to raise the standard of living of the workers, and of the constant improvement in the material well-being and cultural level of the people. By their activity the trade unions contribute largely to these achievements. 69. In accordance with their constitutions the trade unions take an active part in the drafting of laws concerning labour, material and cultural questions, and in determining payment systems and fixing wage scales. They conclude collective agreements with the directors of undertakings. 70. These agreements deal with all questions concerning operations in the undertaking, the material and social conditions of wage earners and salaried employees, and the cultural services provided for them. 71. carried taking other. Negotiations for the conclusion of collective agreements are out by the representatives of the management of the underon the one hand and representatives of its personnel on the The agreements regulate conditions of work for wage earners 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 23 and salaried employees, the level of wages, etc. Collective agreements are designed to secure further improvement in the material position of the wage earners and salaried employees, improvement in the cultural and social services provided for them, and establishment of safe and healthy working conditions. The agreements also stipulate the provision of rest for wage earners and salaried employees, access for them to rest homes, sanatoria, tourist centres, etc. For workers with families, the collective agreements provided for the accommodation of the children in crèches, kindergartens and similar institutions, if the parents themselves wish this to be done and to the extent and at the time which they desire. 72. The collective agreements also provide for funds to be allotted to housing construction for wage earners and salaried employees and to the building of clubs and other cultural and educational institutions. 73. The wage earners and salaried employees take a most active part in the determination of all these provisions of the collective agreements. At their general meetings questions relating to the conclusion of the agreements are discussed; wage earners and salaried employees put forward their demands quite freely, and these serve to guide their representatives during the negotiations with the management. Wage earners and salaried employees may also make proposals at meetings of their representatives who are to negotiate the agreements. The questions raised and the wishes expressed by the workers regarding the collective agreements are freely discussed in the press, and members of the personnel criticise the progress of negotiations in the papers if this is necessary. The negotiations are carried on freely and openly and each worker can comment on them. 74. Every year the collective agreements are concluded afresh in each undertaking and take into account any new wishes expressed by the wage earners and salaried employees. 75. The establishment of a powerful multi-national Soviet State, the industrialisation of the country and the collectivisation of agriculture, the building of socialism, the reinforcement of the moral and political unity of socialist society and the friendship of the peoples of our countries for each other, the victory of the U.S.S.R. over fascism during the Second World War, the economic and cultural progress, the increase in the material well-being of the Soviet people, have been achieved in our country under the direction of the Communist Party. 76. The historical experience acquired over many years has convinced the workers of the U.S.S.R. that of all the political parties which 24 TRADE UNION RIGHTS IN THE U.S.S.R. have existed in this country only the Communist Party is really a party of the people, expressing the workers' vital interests. By its activity, the Party has won the love and confidence of the entire Soviet people. 77. This is the reason why the trade unions of the U.S.S.R., uniting enormous masses of workers in their ranks, regard the Communist Party as their guide and organiser in the struggle for the prosperity of the Soviet State and the happiness of the peoples of our country. 78. Many delegations of foreign workers visit the Soviet Union. Their own eyes convince them of the real freedom and broad democratic rights enjoyed by the Soviet trade unions in the course of their work. Such delegations, when they return home, speak and write of all these things. 79. In conclusion the Government declares that slanders regarding alleged violation of trade union rights in the U.S.S.R. are uttered by the I.C.F.T.U. in order to lead the workers astray and to distract their attention from the fact that in many capitalist countries there is arbitrary action by the police and the monopolies, trade union liberty is violated, the standard of living and the rights of the workers are being attacked, and anti-labour laws such as the Taft-Hartley Act and the like are being introduced. This step by the I.C.F.T.U. is aimed at breaking up the international unity of the working class and undermining the activity of the International Labour Organisation. REQUEST FOR FURTHER INFORMATION 80. At its 11th Session (February 1955) the Committee, having examined the reply of the Government of the U.S.S.R. and the various legislative and statutory texts relating to the questions raised in the I.C.F.T.U. complaint and in the Government's reply, decided in accordance with the normal procedure to request the Government to furnish further information on a number of questions which appeared to the Committee to be of particular importance to its examination of the case. The Committee's request was conveyed to the Government of the U.S.S.R. by the Director-General by a letter dated 12 March 1955, the text of which is as follows : (Translation) Sir, With reference to my letters No. TUR. 1-64 of 2 September and 25 October 1954, with which I forwarded to you for your observations three communications from the International Confederation of Free Trade Unions alleging violation of trade union rights in the U.S.S.R., I have the honour to inform 2 3 R D REPORT OF THE COMMITTEE O N FREEDOM OF ASSOCIATION 25 you that these communications, together with the observations which you were good enough to communicate to me in your letter of 3 November 1954, were submitted to the Committee on Freedom of Association of the Governing Body of the International Labour Office at its last session, which was held in Geneva from 23 to 25 February 1955. The Committee wished to thank your Government for its observations, but considered that it required certain further information from your Government before formulating its recommendations to the Governing Body. In the Committee's view such information should relate to the following points: (1) Before considering this case the Committee assembled the main legislative and statutory provisions relating to the questions raised in the complaint of the I.C.F.T.U. and in the reply from the Government of the U.S.S.R. These provisions are listed in the Appendix to this letter. The Committee is anxious to base its decision on the most reliable documentation possible and has requested me to ask you to be good enough to inform it whether there are any errors or gaps in this material and, if so, to be good enough to indicate the necessary corrections or additions. The Committee also expressed the wish to be informed whether the 1954 Collective Agreement for the Stalin Automobile Factory in Moscow is a typical example of collective agreements currently pertaining in the U.S.S.R. If not, the Committee would be glad if you would indicate in what respects the agreement is not typical and provide texts of other collective agreements regarded as typical. (2) Section 152 of the Labour Code provides that " the trade unions (industrial unions) organised in accordance with the principles drawn up by the competent congresses of these organisations shall not be liable to registration with state institutions as prescribed for associations and unions in general but shall be registered with the central federations of unions to which they are affiliated in accordance with the conditions prescribed by the Union Congresses of Trade Unions ". Section 153 of the Labour Code adds that " other associations not registered with central federations of unions under section 152 shall not be entitled to style themselves trade unions (industrial unions), nor to claim the rights of such unions ". The Committee wishes to know whether under Soviet regulations only trade unions affiliated to the All-Union Central Council of Trade Unions have legal status and whether, as a result, unregistered organisations are illegal. (3) Article 12 of the Constitution and Rules of the Soviet Trade Unions provides that " all trade union bodies from the bottom up are elected by the membership and accountable to it ". Article 16 provides that "all trade union directing bodies, and also delegates to trade union conferences and congresses, are elected by secret ballot ". In view of the fact that the International Confederation of Free Trade Unions, in its communication of 7 October 1954, forwarded to the Government of the U.S.S.R. with my letter of 25 October 1954, cites a Soviet radio announcement broadcast in March 1953 to the effect that the President of the All-Union Central Council of Trade Unions had been appointed by the Central Committee of the Communist Party of the Soviet Union, the Council of Ministers of the U.S.S.R. and the Presidium of the Supreme Soviet, meeting in joint session, the Committee wishes to know whether the principle of free election of trade union leaders applies to all ranks in the trade union hierarchy and in particular to the office of President of the All-Union Central Council of Trade Unions. 26 TRADE UNION RIGHTS IN THE U.S.S.R. (4) The Preamble to the Constitution and Rules of the Soviet Trade Unions provides that " the Soviet trade unions, which are mass non-party public organisations, unite on a voluntary basis workers and other employees of all occupations without distinction of race, nationality, sex or religious beliefs, " but also provides that " the Soviet trade unions conduct all their activities under the guidance of the Communist Party of the Soviet Union ". The Committee wishes to be informed of the supervisory machinery provided for under this provision in order to be in a position to judge whether it is designed in such a way as to safeguard the independence and autonomy of the Soviet trade union movement. (5) The decree of 23 June 1933, supplemented by the decree of 10 September 1933, provides for the fusion of the People's Labour Commissariat with the All-Union Central Council of Trade Unions of the U.S.S.R. Noting that functions which were previously entrusted to the People's Labour Commissariat were thereby transferred to the All-Union Central Council of Trade Unions, the Committee wishes to know what role is played by the Ail-Union Central Council of Trade Unions among the directing bodies in the U.S.S.R., and in particular the status of the President of the All-Union Central Council of Trade Unions: is he entrusted with all the functions and does he enjoy all the privileges which previously pertained to the People's Labour Commissar? (6) In article 4, where the privileges of trade union members are defined, the Constitution and Rules of the Soviet Trade Unions provide, inter alia, that trade union members receive benefits out of the state social insurance funds in a larger amount than do non-members. The Committee wishes to know whether there is such a difference of treatment with respect to social security as between trade union and nontrade union workers that it might be interpreted as indirect coercion of workers to belong to a trade union. In this connection the Committee also wishes to know what is the percentage of workers in trade unions in relation to the total number of workers in the Soviet Union. (7) The Preamble to the Constitution and Rules of the Soviet Trade Unions provides that " the trade unions take an active part in the political and economic life of the country, in the drafting of laws concerned with production, labour, living conditions and culture ". The Committee wishes to know whether the trade unions have participated in the drafting of all social legislation, including, for example, the laws dealing with forced labour, labour discipline, etc.; the manner of such participation; and the nature of their observations in this connection. (8) The Preamble to the Constitution and Rules of the Soviet Trade Unions provides that " the trade unions take part in planning and regulating wages and in framing systems of pay in accordance with the socialist principle of payment by the amount and quality of work performed ". In view of the fact that in the U.S.S.R. the Wage Funds are determined in accordance with the State Plan, whereas in many other countries wages and other conditions of employment are fixed by free bargaining, this being an essential function of the occupational associations, the Committee wishes to know (a) through what machinery and at what stages the trade unions take part in framing and applying wage regulations, and (b) what means they have of, where necessary, bringing influence to bear on government decisions in the matter of wages and conditions of employment. (9) The Model Regulations relating to internal works rules in Soviet undertakings approved by the decree of 18 January 1941 provide in article 26 that " in the event of unjustifiable absence, workers and employees are brought 2 3 R D REPORT OF THE COMMITTEE O N FREEDOM OF ASSOCIATION 27 before the courts in accordance with the decree of the Presidium of the Supreme Soviet dated 26 June 1940 ". The Committee wishes to know whether in the event of workers, collectively stopping work in support of their claims a trade union could back such a stoppage without laying the workers open to the above-quoted sanctions and without running the risk of having its registration revoked. It is highly desirable that the Committee should at its next session, which will be held in Geneva on 23 May 1955, have before it your Government's additional observations on these various points. I would therefore be most grateful if you would be good enough to communicate such observations to me at the earliest possible date and not later than 15 April 1955. I have the honour to be, etc., David A. MORSE, Director-General. 81. The list of the legislative and other texts available to the Committee which was appended to the aforesaid letter to the Government of the U.S.S.R. is contained in Appendix I to this report. 1 ANALYSIS OF THE GOVERNMENT'S F U R T H E R OBSERVATIONS 82. T h e Government of the U.S.S.R. forwarded further observations to the Director-General by a letter dated 5 November 1955, the text of which is as follows : (Translation) Details of the activities and extensive rights of trade unions in the U.S.S.R. were contained in a letter to the Director-General of the I.L.O. dated 3 November 1954. The Committee on Freedom of Association nevertheless wishes to receive certain additional information, in connection with which it has asked a number of questions. The following information is communicated in reply to the questions put by the Committee on Freedom of Association in the Director-General's letter. (1) An Appendix to the above-mentioned letter lists a number of legislative and statutory provisions. Several of them have become obsolete or have been amended; thus, article 126 of the Constitution of the U.S.S.R. has been amended, article 5 of the decree dated 26 June 1940 has been repealed, and corresponding amendments have been made to paragraphs 25 and 26 of the Model Regulations relating to internal works rules. It should furthermore be borne in mind that it would be mistaken to select only articles 125 and 126 from among all those contained in the Soviet Constitution, since the position of the trade unions cannot be considered in isolation from the general position and rights of workers in the Soviet Union. Chapters I, X and XI of the Constitution of the U.S.S.R. are fully relevant to this problem of the position and rights of Soviet workers. In the Soviet Union, where the means of production (factories, works, mines, railways, etc.) are public property, and where all power is in the hands of the working people, the membership of the trade unions consists of workers 1 See below, p. 79. 28 TRADE UNION RIGHTS IN THE U.S.S.R. who are the masters of their own country. Workers in the Soviet Union are employed in publicly owned undertakings, where production is subordinate to the interests of the workers themselves. This being so, the trade unions, whose membership consists of workers who are free from exploitation, engage in many and varied activities, whose purpose is to ensure a steady improvement in the welfare of the people as a whole and the constant betterment of the material and cultural circumstances of the working population. Their activities are undertaken in full freedom ; this is natural enough because they are an organisation of the working people, in whose hands has been concentrated every element of power. As far as collective agreements in the Soviet Union are concerned, it should be remembered that they represent a bilateral commitment. A detailed description of the type of relations that exist between the parties to agreements in the Soviet Union was contained in our letters dated 3 November 1954 and 10 August 1955. In the U.S.S.R. the workers are employed in publicly owned undertakings, where production is subordinate to the interests of the workers themselves. For this reason, collective agreements commit the parties both in respect of questions of production and also in respect of further improvements to the working conditions, material welfare and cultural circumstances of the employees. The draft of a collective agreement is drawn up jointly by trade union representatives and representatives of management in the light of any special features of production and employment in the undertaking. Before being signed the collective agreement is discussed at workshop and general meetings of the wage-earning and salaried employees concerned, who carefully consider the draft text, criticise it freely and put forward their own amendments and additions. As far as the content is concerned each undertaking prepares its own agreement, which is different from those prepared by other undertakings and reflects the requirements of the workers and of the undertaking itself. The collective agreements concluded in each Soviet undertaking are individual in character, this is also true of the collective agreement concluded in the Stalin Factory, which is comparable only in structure and in form with those concluded in other undertakings in the automobile construction industry. (2) In conformity with the interests of the working people, and in order to develop the organisational initiative and political activity of the masses of the people, article 126 of the Soviet Constitution guarantees citizens of the U.S.S.R. the right to unite in public organisations, including trade unions, co-operative societies, youth organisations, and so on. The letter refers to articles 152 and 153 of the Labour Code of the R.S.F.S.R. These articles guarantee the right of workers to become affiliated to trade unions and also safeguard the freedom of action of the unions themselves. They are in fact the concrete expression of the basic rights of Soviet citizens, as embodied in the Soviet Constitution. Article 152 of the Labour Code of the R.S.F.S.R. lays down that the trade unions, as freely operating public bodies, shall not be liable to registration with state institutions, and by so doing emphasises their independence of the Government. The very fact that Soviet trade unions are not liable to registration with state institutions testifies to the advantages and freedoms they enjoy. Moreover, neither articles 152 and 153 of the Labour Code nor any other clauses require them to become affiliated to the Ail-Union Central Council of Trade Unions, with the result that the possibility of other trade union organisations' existing is not at all excluded. 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 29 (3) The Committee refers to a communication from the International Confederation of Free Trade Unions, dated 7 October 1954, in which it is asserted that the President of the All-Union Central Council of Trade Unions was appointed to his post in March 1953 by a joint meeting of the Central Committee of the Communist Party of the Soviet Union, the Council of Ministers of the U.S.S.R. and the Presidium of the Supreme Soviet of the U.S.S.R. In fact, however, the Ordinance on the subject recommended his appointment as President of the All-Union Central Council of Trade Unions. The President of the All-Union Central Council of Trade Unions was elected at the 10th Plenary Meeting of the All-Union Central Council of Trade Unions held in March 1953, and was re-elected in June 1954 at the first Plenary Meeting of the All-Union Central Council of Trade Unions after its election at the 11th Trade Union Congress. No appointment of a President ever took place, and there was naturally no notification of any such appointment. The principle of free election is applied in the Soviet Union to the election of all trade union leaders, including the President of the AU-Union Central Council of Trade Unions. (4) The Committee refers to a provision in the Constitution and Rules of the Soviet Trade Unions which states that " trade unions conduct all their activities under the guidance of the Communist Party of the Soviet Union ", and wishes to be informed of the " supervisory machinery provided for under this provision ". The Committee's attention is invited to the following facts. This particular clause in the Rules of the trade unions of the U.S.S.R. makes no provision for any supervision whatsoever. The guidance of trade union activities by the Communist Party of the Soviet Union is effected by the Party through its members, who are at the same time members of the unions. This guidance by the Party has been voluntarily accepted by the unions as a circumstance having its origins in history; the point is that the policy of the Communist Party is in keeping with the vital interests of the Soviet working population. Nor should it be forgotten that, unlike the unions in the West, the trade unions in Russia were formed after the creation of a workers' party and around that party. The vast majority of the non-party members of a union take an active part in all the activities of the union and of the authorities that it elects at different levels. The election of trade union authorities is an expression of the will of all the members of the union, and naturally, when union members of the party are elected side by side with non-party members of the union, this merely serves to confirm the high moral standing of the Party with the unions. The executive authorities of Soviet trade unions are not only elected at all levels but are also answerable at all levels to the groups of persons that elect them. Periodically they report back on their activities to trade union meetings, conferences and congresses, where every member of the union and every person present at the meeting has the right to criticise their work—a right of which extensive use is made. The Committee is naturally aware that this connection of trade unions with political parties is not by any means exceptional. In the United Kingdom, for example, the organisation of the unions is connected with the Labour Party, and some such form of connection is to be found in many other countries. (5) In 1933, after the People's Commissariat of Labour of the U.S.S.R. had been abolished, some of its responsibilities for the supervision of working conditions and the operation of social services for workers were taken over by the unions, with the result that the rights and duties of the unions, as public bodies representing the mass of the working population, were extended. The responsibilities taken over by the unions included the management of the social 30 TRADE UNION RIGHTS IN THE U.S.S.R. insurance scheme and the general supervision of the protection of labour in undertakings. Repeated references have already been made to the extensive activities of the unions in these fields (see, more especially, the above-mentioned letter dated 3 November 1954). The other economic and administrative responsibilities of the People's Commissariat of Labour are at present being discharged by various governmental institutions. State responsibility for supervising the work of ministries and government departments and for improving their achievements in the field of wages and employment has been assigned to the State Wages and Employment Committee of the Council of Ministers of the U.S.S.R., set up at the end of May 1955. The Ail-Union Central Council of Trade Unions is the highest authority in the hierarchy of the trade unions, as voluntary organisations of the working population, and no governmental attributes can be assigned to it. This, moreover, is evident from the Constitution of the U.S.S.R., which makes no provision for the All-Union Central Council of Trade Unions when listing the organs of state power and state administration. The same applies to the position of the President of the Ail-Union Central Council of Trade Unions, who is the elected head of the highest elected trade union authority, and his status has naturally nothing in common with that of the head of an administrative or governmental institution. (6) In the Soviet Union the entire responsibility for managing the social insurance scheme is at present vested in the unions; it is a well-known fact that such an association in the management of social insurance is being claimed and fought for at the present time by the trade unions of many countries. The Soviet trade unions disburse enormous sums of money as part of social insurance on the provision of social services for workers; these include the payment of temporary disability benefits, in respect of which a certain distinction is made as between members and non-members of the unions. This distinction, however, does not extend to the other forms of social security and social services and cannot in any way be regarded as an indirect form of coercion applied to induce workers to become affiliated to a union. As public bodies representing the mass of the working population, the Soviet trade unions organise all types of wage-earning and salaried employees on a strictly voluntary basis, without distinction as to race, nationality, sex or religious conviction. No direct or indirect form of coercion is applied to induce workers to become affiliated to a union. As a result of their great efforts to improve the working conditions, material welfare and cultural standards of the working population, the trade unions enjoy considerable authority among wage earners and salaried employees, who are keen to become affiliated members and take an active part in union activities. The vast majority of persons employed in Soviet undertakings (40,420,000 on 1 January 1954) are consequently members of a union, as may be seen from the published documents of the 11th Trade Union Congress and various other papers. (7) Soviet trade unions take an active part in the drafting of laws concerned with questions of production, labour, living conditions and culture. It follows from the socialist nature of the Soviet State, as a genuinely democratic people's State, that labour laws and regulations are adopted by the Supreme Soviet of the U.S.S.R. and by the Soviet Government in consultation with the unions. The unions themselves are entitled to submit draft texts to the Council of Ministers of the U.S.S.R.—a right of which they make extensive use. Further evidence of their association in such matters may be found in their submission of comments on draft texts concerned with questions of production, labour, living conditions and culture. In many cases, the drafts are discussed within the unions before the comments are submitted on behalf of the All-Union Central 2 3 R D REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 31 Council of Trade Unions. The unions are free to submit such comments on draft laws and regulations as they consider necessary and appropriate to the interests of the working population. In the Soviet Union there are naturally no laws " dealing with forced labour ", because there neither is nor can be any ground for forced labour in any shape or form. In accordance with the Soviet Constitution, which guarantees the right to work, every Soviet citizen has the chance to apply his efforts to any branch of the country's economic, cultural, public or political life, according to his wishes and abilities. The labour of Soviet citizens, who are masters in their own country, is the genuinely free labour of persons who are free from exploitation. (8) The Soviet trade unions take an active part in planning and regulating the remuneration of wage-earning and salaried employees, and in drafting laws on questions of production, labour, living conditions and culture. They also strive to ensure that such laws are strictly implemented. All governmental ordinances relating to wages and other questions of concern to the working population are drawn up in concert with the unions and are adopted with the approval of the All-Union Central Council of Trade Unions. The Soviet trade unions fully avail themselves of these rights and possibilities. Wage rates are fixed by agreement with the AU-Union Central Council of Trade Unions and the central committees of the branch unions, i.e. with authorities that are the elected representatives of the workers belonging to the unions. In addition, piece rates are fixed and applied by agreement between the management of the undertaking and the elected factory or works committee of the union. The practice of dealing with problems of wage rates at the level of the central committees of the branch unions is conducive to standard conditions of employment in the undertakings in a given branch, all of which are socialist undertakings under public ownership. It should be borne in mind in this connection that in many Western countries the trade union movement is fighting for the right to settle wage questions by negotiation for each branch of industry in its entirety, and in some countries has already won this right. (9) The letter states that article 26 of the Model Regulations relating to internal works rules lays down that, in the event of unjustifiable absence, workers and employees are brought before the courts in accordance with the decree of the Presidium of the Supreme Soviet of the U.S.S.R. dated 26 June 1940. The first point to be borne in mind in this connection is that article 5 of the decree of 26 June 1940 is not in force at present, and that paragraphs 25 and 26 of the Model Regulations have been suitably amended. Furthermore, a collective stoppage of work is not, and never has been, regarded an absenteeism, and Soviet law does not provide, nor has it ever provided, for any penalties to be imposed for a collective stoppage of work, where called by the workers in support of their demands. There is no reason for surprise at the absence of strikes in the Soviet Union, because the workers have every possibility of obtaining satisfaction in other ways—through production meetings and through the governmental and legislative authorities whose membership consists of workers' representatives. Such labour disputes as may arise between individual workers or employees and the managements of undertakings are examined ; moreover, the procedure 32 TRADE UNION RIGHTS IN THE U.S.S.R. followed in examining them is such that the trade union organisation has a great, and often a decisive, influence on the way the case is considered and decided. One of the main institutions for the examination of labour disputes is the works assessment and disputes committee, which offers a guarantee that the workers' or employees' grievances against the management will be considered rapidly and fairly. An assessment and disputes committee consists of an equal number of representatives of management on the one hand and of the works union committee on the other. What is more, the committee's decisions can be carried only if the trade union representatives agree. The work of these works assessment and disputes committees is supervised by the higher trade union organisations—the regional, territorial and central trade union committees. On receipt of a complaint from the workers, they can quash the decisions taken by the works assessment and disputes committees. Every worker has the right to transmit a labour dispute involving claims of any kind to a people's court for its consideration, if the decision of the assessment and disputes committee has been quashed, if the dispute has not been settled after coming before the assessment and disputes committee, or even if the committee has not considered the dispute. After visiting the U.S.S.R., many trade union leaders from capitalist countries have recognised the genuinely representative and democratic nature of Soviet trade union activities. As an instance, the leader of the British Trades Union Congress, Sir Walter Citrine, made the following statement at a meeting of the Executive Bureau of the W.F.T.U., held in Moscow in June 1946: Turning to the Soviet trade union movement, we have always had confidence in the ability of the Soviet trade unions not only to safeguard the interests of their members but also to assist their country and the working class throughout the world, whatever dangers faced them. In the official report of the delegation of the American C.I.O. which visited the Soviet Union in October 1945, and which consisted of workers in positions of authority in the organisation, it is stated: We were impressed by the character of the Soviet trade unions and by their magnificent and many-sided activities in defence of the workers' interests in the economic sphere and in the sphere of social welfare and cultural facilities. We were also impressed by their far-reaching social insurance scheme, which is designed to defend the workers and their families against all the risks that are likely to beset them from the cradle to the grave. In the preface to this report the former President of the C.I.O., Mr. Philip Murray, wrote as follows: I regard this report as a document of prime importance, not only to American workers but also to anyone who wishes to know the truth about the Soviet trade unions and help establish friendship and understanding between the peoples of both countries. Unfortunately there are people who prefer to sow the seeds of suspicion and distrust, transform social and cultural differences into an insurmountable barrier, and seek to divide the world rather than unite it. These comments on the work of Soviet trade unions represented the viewpoint of the leaders of such organisations as the American C.I.O. and the British T.U.C. This viewpoint was based on a direct acquaintance with Soviet reality and the life of the Soviet trade unions. 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 33 There has been no change in the role of the trade unions in the U.S.S.R. since these words were spoken or written. All that has changed is the approach of certain persons and their assessment of this role, which has become one of the elements in the " cold war ". The International Labour Organisation cannot sanction the " cold war " in any of its manifestations. It must help to establish mutual understanding and confidence between the nations. OTHER COMMUNICATIONS FROM THE GOVERNMENT OF THE U.S.S.R. RELATING TO THE QUESTIONS RAISED IN THE I.C.F.T.U. COMPLAINT 83. In paragraph (1) of the communication of 5 November 1955 cited above, the Government of the U.S.S.R. refers to a communication dated 10 August 1955 in which, in accordance with article 19 of the Constitution of the I.L.O., it had submitted a report concerning the effect given in the U.S.S.R. to the provisions of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and the Collective Agreements Recommendation, 1951 (No. 91). 84. The Committee also had before it two other communications from the Government of the U.S.S.R. dated 6 November 1955 and 12 January 1956 which had been addressed to the Committee on Freedom of Employers' and Workers' Organisations. The passages from these three communications which relate to the questions raised in the I.C.F.T.U. complaint and which supplement the observations of the Government of the U.S.S.R. thereon analysed above, are reproduced below. 85. The communication of 10 August 1955 contains the following passages to which the Government makes reference in its reply dated 5 November 1955 and which relate to the binding bilateral commitments assumed under collective agreements concluded in Soviet undertakings: The collective agreement, which constitutes a bilateral commitment for the management of the undertaking, on the one hand, and the union (as the representative of the body of wage earners and salaried employees) on the other, is registered with the appropriate ministry and the central committee of the trade union concerned.... The management of the undertaking and the heads of the appropriate departments incur disciplinary responsibility for any failure to discharge their commitments under a collective agreement. In the event of any wilful infringement of the agreement, the guilty members of management may be held criminally liable under article 134 of the Penal Code of the R.S.F.S.R. and the corresponding articles of the Penal Codes of the Union Republics. By contrast, any commitments entered into by the works union committee on bshalf of the wage earners and salaried employees to give the management 34 TRADE UNION RIGHTS IN THE U.S.S.R. their backing in taking any steps for which the collective agreement makes provision are of a social and moral character and do not entail for the trade unions or the wage earners and salaried employees any legal responsibility. While an undertaking, as a body corporate, is materially responsible for the liabilities in respect of property undertaken by the management, occupational organisations do not, under article 20 of the Labour Code of the R.S.F.S.R. and the corresponding articles of the Codes of the other Union Republics, incur any liability in respect of property under collective agreements. 86. The communication from the Government of the U.S.S.R. dated 6 November 1955 addressed to the Committee on Freedom of Employers' and Workers' Organisations contains, inter alia, the following passages relating to the questions raised in the I.C.F.T.U. complaint. In the Soviet Union at the present time there are 43 All-Soviet central trade union organisations which organise the workers in the different industrial sectors—coal mining, petroleum, iron and steel, textile industry, mechanical engineering, electricity supply industry, railways, road transport, etc. The supreme authority for each trade union is the trade union congress. In the intervals between congresses, the activities of the trade unions are directed by the central committee of the trade union appointed by the congress. Each trade union includes republican, regional, departmental and local organisations, which are directed by the conferences of the organisations themselves and by the councils which they elect. These industrial trade unions are a part of the general organisation of Soviet trade unions, the total membership of which amounts to more than 40 million workers and salaried employees (more than 90 per cent, of all workers and salaried employees). The AU-Union Central Council of Trade Unions of the U.S.S.R. represents the Soviet trade unions in the international trade union movement and is affiliated to the W.F.T.U. in their name In accordance with article 11 of the Soviet Constitution, the economic life of the Soviet Union is planned and directed according to the State Economic Plan. One of the objectives of this plan is to increase the wealth of the nation and to raise continuously the material and cultural level of the working population. Planning with respect to the wages and salaries of workers and salaried employees is an integral part of the state economic programme. Trade union organisations take an active part in the preparation of this plan, in particular, the different central trade union organisations and the AU-Union Central Council of Trade Unions, which, expressing the desires of the members, submits observations on questions affecting production, employment, living conditions, cultural facilities, in so far as these questions appear in the draft. This active participation of the trade unions in the determination of wage scales and in the application of the programme cannot take place without the full co-operation of the working masses. Wages questions play an important part in trade union activities at all levels of the trade union movement, from the primary organisations up to the AU-Union Central Council of Trade Unions. The trade unions support all initiatives by the workers which seek to increase the material and personal stake of the individual in the product of his work. 87. The communication dated 12 January 1956 from the Government of the U.S.S.R. to the Committee on Freedom of Employers' and Workers' Organisations contains, inter alia, the following passage with 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 35 respect to the question of relations between the trade unions and the Communist Party: The allegation that the guiding role entrusted to the Communist Party with respect to social organisations implies a restriction of the fundamental freedoms and rights of the workers guaranteed by the Constitution and that the Party interferes in the internal affairs of social organisations is entirely without foundation . . . . Articles 67 and 68 of the Rules of the Communist Party of the Soviet Union do not concern relations between the Party and other social organisations but regulate relations between the Party and those of its members who, at the same time, are members of the organisations in question. PRINCIPAL LEGISLATIVE PROVISIONS AND OTHER DOCUMENTS RELATING TO THE QUESTIONS RAISED IN THE COMPLAINT OF THE I . C . F . T . U . AND IN THE REPLY OF THE GOVERNMENT OF THE U.S.S.R. 88. The principal legislative provisions and other documents relating to the questions raised in the complaint of the I.C.F.T.U. and in the reply of the Government of the U.S.S.R. which were available to the Committee when it examined this case are reproduced in Appendix II to this report. 1 CONCLUSIONS 89. The Government of the U.S.S.R. ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) on 10 August 1956; in accordance with Article 15 of the 1948 Convention and Article 8 of the 1949 Convention these Conventions will enter into force for the U.S.S.R. on 10 August 1957. Preliminary Question as to the Political Character of the Complaint 90. In its first reply the Government of the U.S.S.R., while presenting its observations on the I.C.F.T.U. complaint, declared that " the allegations of the leaders of the International Confederation of Free Trade Unions concerning the pretended violation of trade union rights in the U.S.S.R. are not in accordance with the facts; they are merely 1 See below, p. 81. 36 TRADE UNION RIGHTS IN THE U.S.S.R. slanderous; they are made for political purposes and bear no relation to the tasks of the International Labour Organisation ". 91. In its First Report* the Committee formulated certain principles concerning the examination of complaints which in the view of the government concerned are of a political character. In particular the Committee decided, following the general principles adopted by the Governing Body on the proposal of its Officers, that even where the allegations formulated are political in origin or present certain political aspects they should nevertheless be examined in substance if they raise questions directly affecting the exercise of trade union rights. The Committee has applied this principle in a large number of earlier cases in which the question of the political character of the complaints has been raised.2 The Committee has always taken the view that, without prejudging the merits of each complaint, it should examine it in substance but confine itself to the purely trade union aspects of the question. 92. In the present case the complainant makes various precise allegations directly relating to the exercise of trade union rights, on the subject of which allegations the Government, moreover, has presented detailed observations. 93. In these circumstances the Committee has, in accordance with the practice followed in earlier cases of a similar kind, examined the different allegations on their merits. 94. The complaint of the International Confederation of Free Trade Unions alleges, in particular—(1) that workers in the U.S.S.R. do not have the right to constitute or join trade unions of their own choosing; (2) that the existing trade unions are under the control of the Government and of the Communist Party; (3) that the trade unions do not perform the normal functions of occupational associations but are simply instruments in the hands of the public authorities ; and (4) that Soviet labour legislation contains a number of provisions of such a nature as to restrict the free exercise of the rights of the workers in their actual workplaces. These various groups of allegations are examined separately below. 1 See First Report of the Committee, paragraph 29. See First Report of the Committee, Case No. 3 (Dominican Republic), paragraphs 130-142; Sixth Report, Case No. 12 (Argentine Republic), paragraphs 132-322, Case No. 22 (Philippines), paragraphs 353-383, and Case No. 40 (France-Tunisia), paragraphs 384-564 ; 12th Report, Case No. 63 (Union of South Africa), paragraphs 257-276, Case No. 16 (France-Morocco), paragraphs 292-428; 13th Report, Case No. 67 (Egypt), paragraphs 90-106, and Case No. 62 (Netherlands), paragraphs 18-89; 14th Report, Case No. 104 (Iran), paragraphs 86-116; 15th Report, Case No. 102 (Union of South Africa), paragraphs 75-185 ; and 16th Report, Case No. 112 (Greece), paragraphs 57-86. 2 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 37 Allegation concerning the Free Constitution of Occupational Associations 95. According to the complainant the Soviet Government " has continued to violate fundamental trade union rights, above all by denying to all workers of the Soviet Union the right of voluntary association for the protection of their interests. Although there exists a structure of organisations called ' trade unions ', these bodies do not perform the main function of trade unions in the accepted sense of the w o r d defence of the rights, the standards of living and the working conditions of the workers. Instead, they are used by the state machinery as yet another organ of labour supervision, of enforcement of labour discipline and, above all, of driving the worker relentlessly to greater and greater exertions. As no organisations of workers are allowed to exist, the workers' right to form trade unions is in fact suppressed by the Soviet Government." 96. In support of this allegation the complainant refers in particular to article 126 of the Constitution of the U.S.S.R., according to the provisions of which the Communist Party is the leading core of all public organisations in the Soviet Union, including the trade unions. 1 97. The complainant therefore brings into question the principle that workers and employers, without distinction whatsoever, should have the right to establish and join organisations of their own choosing. 98. In its first reply the Government argued among other things that " the Soviet trade unions are the freest democratic organisations in the world and, in the Soviet State, they have considerable rights, great authority and much influence ". The Government continues: In the Soviet State, where the workers are in power, there is not and there could not be any possible basis for a violation of trade union rights, nor for the persecution of trade unions such as occurs in some capitalist countries. The trade unions of the U.S.S.R. represent the broadest based public organisation without party attachments, including workers and salaried employees; they have as» members on a free and voluntary basis more than 40 million workers and salaried employees in all occupations without discrimination of race, nationality, sex or creed. The considerable rights which the Soviet trade unions possess are guaranteed by the Constitution of the Union of Soviet Socialist Republics. As mass organisations without party affiliation, the trade unions carry out their task in accordance with their own constitutions adopted at the Congress of Trade Unions of the U.S.S.R. 1 Allegations relating to the control of the trade unions by the Communist Party are examined subsequently. See below, paragraphs 109 to 121. . 38 TRADE UNION RIGHTS IN THE U.S.S.R. 99. At its 11th Session (February 1955), the Committee examined the texts governing the formation and registration of occupational associations in the U.S.S.R., namely article 126 of the Constitution of the U.S.S.R., articles 152 and 153 of the Labour Code of the Russian Soviet Federative Socialist Republic 1 , and the relevant provisions of the Constitution and Rules of the Trade Unions of the U.S.S.R. 100. Article 126 of the Constitution, relating to the right of association, reads as follows: In conformity with the interests of the working people, and in order to develop the organisational initiative and political activity of the masses of the people, citizens of the U.S.S.R. are guaranteed the right to unite in public organisations: trade unions, co-operative societies, youth organisations, sport and defence organisations, cultural, technical and scientific societies; and the most active and politically conscious citizens in the ranks of the working class, working peasants and working intelligentsia unite in the Communist Party of the Soviet Union, which is the vanguard of the working people in their struggle to build Communist society and is the leading core 2 of all organisations of the working people, both public and State. 101. The Committee also examined articles 152 and 153 of the Labour Code of the R.S.F.S.R., which relate to the registration of trade unions. Article 152 provides that " the trade unions (industrial unions) organised in accordance with the principles drawn up by the competent congresses of these organisations shall not be liable to registration with state institutions as prescribed for associations and unions in general but shall be registered with the central federations of unions to which they are affiliated in accordance with the conditions prescribed by the Union Congresses of Trade Unions ". Article 153 of the Code provides that " other associations not registered with central federations of unions under article 152 shall not be entitled to style themselves trade unions (industrial unions) nor to claim the rights of such unions ". 102. As the Soviet trade unions are at the present time grouped in a single " inter-union " organisation represented by the Ail-Union Central Council of Trade Unions of the U.S.S.R., the Committee also examined the articles in the Constitution and Rules of the Soviet Trade Unions relating to the registration of trade unions. Article 51 of these rules provides that " each trade union has its rules, which take into account 1 Identical articles are contained in the Labour Codes of other Federated Republics of the U.S.S.R. 2 In Russian " rukovodiashcheye yadro ". The translation of the whole paragraph is given in " Constitution (Fundamental Law) of the Union of Soviet Socialist Republics" (Moscow, Foreign Languages Publishing House, 1955). 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 39 the distinctive features of that union and conform to the rules of the trade unions of the U.S.S.R. The rules of each trade union shall be registered with the Ail-Union Central Council of Trade Unions. " 103. The Committee, having noted that, while according to the terms of the existing regulations trade unions are not obliged to register with state institutions, they must nevertheless, in order to be entitled to style themselves trade unions and to claim the rights of such unions, be registered with an inter-union organisation—in the present case, with the All-Union Central Council of Trade Unions—raised the question in its request for further information (12 March 1955) " whether under Soviet regulations only trade unions affiliated to the All-Union Central Council of Trade Unions have legal status and whether, as a result, unregistered organisations are illegal ". 104. In its reply of 5 November 1956 the Government of the U.S.S.R. emphasises, firstly, that " in conformity with the interests of the working people, and in order to develop the organisational initiative and political activity of the masses of the people, article 126 of the Soviet Constitution guarantees citizens of the U.S.S.R. the right to unite in public organisations, including trade unions, co-operative societies, youth organisations, and so on ". According to the Government this provision implies no reservation or limit with respect to the guarantee of freedom of association. 105. With regard more particularly to the interpretation of articles 152 and 153 of the Labour Code of the R.S.F.S.R., the Government presents the following arguments: The letter [of the Director-General of the I.L.O.] refers to articles 152 and 153 of the Labour Code of the R.S.F.S.R. These articles guarantee the right of workers to become affiliated to trade unions and also safeguard the freedom of action of the unions themselves. They are, in fact, the concrete expression of the basic rights of Soviet citizens, as embodied in the Soviet Constitution. Article 152 of the Labour Code of the R.S.F.S.R. lays down that the trade unions, as freely operating bodies, shall not be liable to registration with state institutions and by so doing emphasises their independence of the Government. The very fact that Soviet trade unions are not liable to registration with state institutions testifies to the advantages and freedoms they enjoy. Moreover, neither articles 152 and 153 of the Labour Code nor any other clauses require them to become affiliated to the Ail-Union Central Council of Trade Unions, with the result that the possibility of other trade union organisations existing is not at all excluded. 106. The Committee notes that, according to the statement of the Government, "neither articles 152 and 153 of the Labour Code nor any other clauses require them to become affiliated to the Ail-Union 40 TRADE UNION RIGHTS IN THE U.S.S.R. Central Council of Trade Unions, with the result that the possibility of other trade union organisations' existing is not at all excluded ". In other words, the Soviet Government argues that the possibility of the workers of the U.S.S.R. constituting organisations outside the AllUnion Central Council of Trade Unions is not excluded. 107. The Committee notes the formal assurance given by the Government of the U.S.S.R. that there is no provision making it compulsory for trade union organisations to be affiliated to the All-Union Central Council of Trade Unions and that the possibility of the workers of the U.S.S.R. constituting organisations outside the Ail-Union Central Council of Trade Unions is not excluded, but also notes that it has no information that other organisations in fact exist or concerning the legal régime which would be applicable to them except that a decree of 1932 * provides that voluntary associations and unions thereof may not undertake the defence of the legal and economic interests of their members and may not describe themselves as professional organisations except in cases specially provided for by law; in these circumstances the Committee reaffirms the view which it has expressed in previous cases, and notably in the case relating to the Dominican Republic 2, that the workers' freedom to constitute and join organisations of their own choosing cannot be said to exist unless such freedom is fully established and respected in law and in fact. Allegations concerning the Independence and Autonomy of Occupational Associations 108. The allegations of the complainant with respect to the independence and autonomy of occupational associations in the U.S.S.R. may be grouped under four main heads: (1) control of trade unions by the Communist Party; (2) integration of the trade unions in state administration; (3) infringement of the principle of the free election of trade union officers; (4) infringement of the right of trade unions to organise congresses. These allegations, which are complementary, will be examined in succession. 1 2 1024. Sobrante S.S.S.R. (Moscow), No. 74, 14 Oct. 1932, Text No. 331. See Sixth Report of the Committee, Case No. 3 (Dominican Republic), paragraph 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 41 Allegation relating to the Control of the Trade Unions by the Communist Party. 109. It is alleged that the Soviet trade unions are placed under the control of the Communist Party and that, in these conditions, it is the State which determines the policy of these trade unions. In support of this argument, the complainant refers to various official texts—article 126 of the Constitution and the Preamble to the Constitution and Rules of the Soviet Trade Unions—to certain statements by trade union leaders, to articles in the trade union press and to a resolution of the Trade Union Congress. 110. Article 126 of the Constitution to which reference has already been made, is stated to recognise the monopoly accorded to the Soviet Communist Party and to define the Communist Party as representing " the leading core of all organisations of the working people, both public and State ". 111. It is alleged that the Preamble to the Constitution and Rules of the Soviet Trade Unions also contains a provision stipulating that " the Soviet trade unions conduct all their activities under the guidance of the Communist Party of the Soviet Union, the organising and directing force of Soviet society ". 112. A former President of the Central Council, Mr. Kuznetsov, is alleged to have recognised the submission of the trade unions to the orders of the Communist Party in a statement in his report on the activities of the All-Union Central Council of Trade Unions: " In all their activities the trade unions unrelentingly follow the directives of Lenin and Stalin on the role of trade unions. The strength of the trade unions lies in the wise leadership by the Soviet Communist Party and Comrade Stalin." 1 Mr. Shvernik, the then President of the Ail-Union Central Council of Trade Unions 2, is alleged to have declared, in his report to the 11th Congress of Soviet Trade Unions (June 1954), that " the Central Committee of the Party highly appreciated the part played by the trade unions as organisers and educators of the workers and have entrusted to the trade unions extremely important tasks in the future development of the national economy ". 113. The complainant then states that, in the general resolution adopted by the 11th Congress of Soviet Trade Unions, it is said that the address sent to that Congress by the Central Committee of the Com1 2 Trud, 20 Apr. 1949. Mr. Shvernik was subsequently replaced as President by Mr. V. V. Grishin. 42 TRADE UNION RIGHTS IN THE U.S.S.R. munist Party and the Council of Ministers of the U.S.S.R. constitutes a militant programme defining all the functions of the Soviet trade unions under present conditions. It is also indicated that " for the happy solution of the tasks entrusted to the trade unions by the Party and the Government it is necessary resolutely to improve the standard of trade union work at all levels ".* 114. In its first reply (3 November 1954) the Government confined itself to giving the following explanation of the relationship between the Communist Party and the trade unions : The establishment of a powerful multi-national Soviet State, the industrialisation of the country and the collectivisation of agriculture, the building of socialism, the reinforcement of the moral and political unity of socialist society and the friendship of the peoples of our countries for each other, the victory of the U.S.S.R. over fascism during the Second World War, the economic and cultural progress, the increase in the material well-being of the Soviet people, have been achieved in our country under the direction of the Communist Party. The historical experience acquired over many years has convinced the workers of the U.S.S.R. that of all the political parties which existed in our country only the Communist Party is really a party of the people which defends the workers' vital interests. By its activity the Party has won the love and confidence of the entire Soviet People. This is the reason why the trade unions of the U.S.S.R., uniting enormous masses of workers in their ranks, regard the Communist Party as their guide and organiser in the struggle for the prosperity of the Soviet State and the happiness of the peoples of our country. 115. At its 11th Session the Committee examined the texts mentioned by the complainant, namely article 126 of the Constitution and the Preamble to the Constitution and Rules of the Trade Unions. The Committee noted that article 126 of the Constitution—quoted in full above in paragraph 100—appeared to entrust a directive role to the Communist Party by providing that " the most active and politically conscious citizens in the ranks of the working class and other sections of the working people unite in the Communist Party of the Soviet Union (Bolsheviks), which is the vanguard of the working people in their struggle to strengthen and develop the socialist system and is the leading core of all organisations of the working people, both public and State ". The Preamble to the Constitution and Rules of the Soviet Trade Unions refers to the principle of control of the trade unions by the Communist Party in the following terms : The Soviet trade unions, which are a mass non-party public organisation, unite on a voluntary basis workers and other employees of all occupations, without distinction of race, nationality, sex or religious beliefs. 1 Pravda, 16 June 1954. 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 43 The Soviet trade unions conduct all their activities under the guidance of the Communist Party of the Soviet Union, the organising and directing force of Soviet society. 116. Following this examination the Committee expressed to the Government of the U.S.S.R. its wish " to be informed of the supervisory machinery provided for under this provision in order to be in a position to judge whether it is worded in such a way as to safeguard the independence and autonomy of the Soviet trade union movement ". 117. In its second reply (5 November 1955) the Government gives the following interpretation of the provision in the Preamble to the Constitution and Rules of the Soviet Trade Unions : This particular clause in the Rules of the Trade Unions of the U.S.S.R. makes no provision for any supervision whatsoever. The guidance of trade union activities by the Communist Party of the Soviet Union is effected by the Party through its members, who are at the same time members of the unions. This guidance by the Party has been voluntarily accepted by the unions as a circumstance having its origins in history; the point is that the policy of the Communist Party is in keeping with the vital interests of the Soviet working population. Nor should it be forgotten that, unlike the unions in the West, the trade unions in Russia were formed after the creation of a workers' party and around that party. The vast majority of the non-party members of a union take an active part in all the activities of the union and of the authorities that it elects at different levels. The election of trade union authorities is an expression of the will of all the members of the union, and naturally, when union members belonging to the Party are elected side by side with non-party members of the union, this merely serves to confirm the high moral standing of the Party with the unions. The executive authorities of Soviet trade unions are not only elected at all levels but are also answerable at all levels to the groups of persons that elect them. Periodically they report back on their activities to trade union meetings, conferences and congresses, where every member of the union and every person present at the meeting has the right to criticise their work—a right of which extensive use is made. The Committee is naturally aware that this connection of trade unions with political parties is not by any means exceptional. In the United Kingdom, for example, the organisation of the unions is connected with the Labour Party, and some such form of connection is to be found in many other countries. 118. In a number of earlier cases, and particularly in Case No. 40 (France-Tunisia) *, the Committee has recommended the Governing Body to express the view " that the trade unions, without prejudice to the freedom of opinion of their members, should have regard to the principles enunciated in the resolution adopted by the International Labour Conference at its 35th Session (1952), in which it is stated among other things that the fundamental and permanent mission of the trade union movement is the economic and social advancement of the workers 1 See Sixth Report of the Committee, paragraph 563. 44 TRADE UNION RIGHTS IN THE U.S.S.R. and that when trade unions in accordance with national law and practice of their respective countries and at the decision of their members decide to establish relations with a pohtical party or to undertake constitutional pohtical action as a means towards the advancement of their economic and social objectives, such pohtical relations or actions should not be of such a nature as to compromise the continuance of the trade union movement or its social and economic functions irrespective of political changes in the country ". The Committee considers that the same arguments hold good, a fortiori, in the present case, in which control is alleged to be exercised by a political party which is identified with the State itself. 119. The Committee notes that in its second reply the Government, while admitting that the activities of the trade unions are guided by the Communist Party, nevertheless denies that the trade unions are subject under existing legislation to control by the Communist Party. The Government maintains that the guidance of the activities of the trade unions, which is exercised by party members who are at the same time members of the unions, " has been voluntarily accepted by the unions as a circumstance having its origins in history; the point is that the policy of the Communist Party is in keeping with the vital interests of the Soviet working population ". 120. The Government also states that all members of trade unions, including non-party members, take part in the election of trade union authorities at all levels, which are, moreover, answerable at all levels to the groups of persons that elect them. The Committee has examined this aspect of the question in connection with the other allegations made by the complainant with respect, firstly, to integration of trade unions in the State and, secondly, to the free election of trade union officers. 121. In these circumstances, the Committee notes that the Government of the U.S.S.R. admits that the activities of the trade unions are guided by the Communist Party but contends that this guidance of the activities of the trade unions, which is exercised by Party members who are at the same time members of the unions, has been voluntarily accepted by the unions; in this connection the Committee reaffirms the principle set forth in the resolution on the independence of the trade union movement adopted by the International Labour Conference on 26 June 1952 that governments " should not attempt to transform the trade union movement into an instrument for the pursuance of political aims, nor should they attempt to interfere with the normal functions of a trade union movement because of its freely established relationship with a pohtical party ". 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 45 Allegation relating to the Integration of Trade Unions in the State. 122. The complainant alleges that the Soviet trade unions have been transformed, from the legal point of view, into state organs as the result of a reform introduced by a decree dated 23 June 1933 under which the People's Labour Commissariat is stated to have been merged with the trade unions and its functions transferred to trade union organs. 123. In its first reply (3 November 1954) the Government gives the following explanations concerning the role of the trade unions with respect to social insurance and supervision of the application of conditions of work: The trade unions in the U.S.S.R. administer social insurance. Large numbers of worker and salaried employee members of the trade unions participate actively in this work on a democratic basis. The workers and salaried employees of the Soviet Union do not pay contributions to the Social Insurance Fund, these being paid for them by the undertakings and institutions. The funds available for social insurance are increasing year by year. In 1954 the sum devoted to this purpose was 24,700 million roubles, i.e. 2.8 times more than in 1940. The Social Insurance Funds pay pensions and allowances, the cost of workers' treatment in convalescent homes and children's rest homes and other similar items. At the present time the trade unions administer a very large number of sanatoria, prevention centres and rest rooms. During the period between the 10th and 11th Congresses of Trade Unions, 13 million workers and salaried employees received treatment in sanatoria and convalescent homes. The trade unions share actively in the development of social hygiene, the expansion of clinics in factories and undertakings, of first-aid centres and hospitals; they maintain constant supervision of the medical services provided to workers, employees and the members of their families, and they make efforts to improve these services. More than a million doctors and ancillary medical personnel provide free medical assistance to workers. The Soviet State allots very large sums of money for the improvement of conditions of work for salaried employees and workers. Extremely detailed and complete labour protection and industrial safety legislation is in force in the U.S.S.R. The trade unions maintain a constant watch over the application of labour legislation and try to bring about the introduction of all necessary measures to ensure proper working conditions in accordance with the requirements of health and safety. The trade unions have about 1,300,000 public inspectors and members of the labour protection committees. The trade union technical inspectors have considerable rights. They have the right to visit all undertakings and to express their views in advance on whether new undertakings or workshops meet safety requirements adequately for beginning operations. The directors of undertakings are required to conform with the directions of the technical inspectors concerning any non-compliance with labour protection provisions. If the laws concerning health protection of the workers are not observed, the technical inspectors have the right to hold directors of undertakings, of workshops or of work units responsible for this. 46 TRADE UNION RIGHTS IN THE U.S.S.R. 124. The Government, while thus giving ample details concerning the functions of trade unions with respect to the administration of social insurance and the supervision of the application of social legislation, nevertheless did not furnish details concerning the effects, if any, of the fusion of the People's Labour Commissariat with the trade unions on the legal status of the latter, nor with respect to the juridical principles regulating relations since 1933 between the different organs of the Soviet State and the organs of the trade unions in the exercise of the different functions formerly performed by the People's Labour Commissariat. 125. At its 11th Session (February 1955) the Committee examined the Soviet legislative texts relating to the fusion, namely the decree of 23 June 1933 cited by the complainant and the regulations drawn up in application of article 2 of this decree and promulgated on 10 September 1933. 126. The decree of 23 June 1933 reads as follows: 1. The People's Labour Commissariat, with all its local organs, including the organs of social security, will merge with the central and regional machinery of the Ail-Union Central Council of Trade Unions, the tasks of the People's Labour Commissariat and of its organs devolving on the Ail-Union Central Council of Trade Unions. 2. The All-Union Central Council of Trade Unions will submit to the Council of People's Commissars of the U.S.S.R. within one month the draft of the concrete measures (to be adopted) to put the present provision into application. 127. The regulations promulgated on 10 September 1933 in application of article 2 of the aforesaid decree provide, firstly, for the transfer to the trade unions of all social insurance funds, buildings (sanatoria, scientific institutions, etc.) and all premises and property administered by the former People's Labour Commissariat, together with the personnel of the labour and social insurance institutions. The same decree provides that the general responsibility for social insurance and labour inspection should be entrusted to the Ail-Union Central Council of Trade Unions, the direct administration of these two branches of labour administration being transferred to the different national trade unions; the preparation of the budget of administrative expenses in connection with social insurance and labour protection is a function of the All-Union Central Council of Trade Unions, the budget having to be submitted for approval to the Government of the U.S.S.R. 128. After examining these provisions, the Committee, " noting that functions which were previously entrusted to the People's Labour Commissariat were thus transferred to the All-Union Central Council of Trade Unions ", asked the Government of the U.S.S.R. to furnish 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 47 information as to " what role is played by the All-Union Central Council of Trade Unions in these circumstances among the directing bodies in the U.S.S.R. and in particular the status of the President of the AU-Union Central Council of Trade Unions ". In particular, the Committee wished to know whether the latter was entrusted with all the functions and invested with all the privileges which previously pertained to the People's Labour Commissar. 129. The Committee, having noted further that article 4 of the Rules of the Soviet Trade Unions, which defines the advantages enjoyed by members of trade unions, provides in particular that the latter " receive benefits within the state social insurance funds for a larger amount than do non-members ", also expressed a wish to be informed " whether there is such a difference of treatment with respect to social security as between trade union and non-trade union workers that it might be interpreted as indirect coercion to workers to belong to a trade union ". In this connection the Committee also wished to know " what is the percentage of workers in trade unions in relation to the total number of workers in the Soviet Union ". 130. In its second reply (5 November 1955) the Government states that " In 1933, after the People's Commissariat of Labour of the U.S.S.R. had been abolished, some of its responsibilities for the supervision of working conditions and the operation of social services for workers were taken over by the unions, with the result that the rights and duties of the unions, as public bodies representing the mass of the working population, were extended. The responsibilities taken over by the unions included the management of the social insurance scheme and the general supervision of the protection of labour in undertakings. Repeated references have already been made to the extensive activities of the unions in these fields (see, more especially, the above-mentioned letter dated 3 November 1954).1 The other economic and administrative responsibilities of the People's Commissariat of Labour are at present being discharged by various governmental institutions." 131. The Government states further that " state responsibility for supervising the work of ministries and government departments and for improving their achievements in the field of wages and employment has been assigned to the State Wages and Employment Committee of the Council of Ministers of the U.S.S.R., set up at the end of May 1955 ". 132. With regard to the legal status of the Ail-Union Central Council of Trade Unions, the Government states that " the All-Union 1 See above, paragraph 123. 48 TRADE UNION RIGHTS IN THE U.S.S.R. Central Council of Trade Unions is the highest authority in the hierarchy of the trade unions, as voluntary organisations of the working population, and no governmental, attributes can be assigned to it. This, moreover, is evident from the Constitution of the U.S.S.R., which makes no provision for the All-Union Central Council of Trade Unions when listing the organs of state power and state administration. The same applies to the position of the President of the All-Union Central Council of Trade Unions, who is the elected head of the highest elected trade union authority, and his status has naturally nothing in common with that of the head of an administrative or governmental institution." 133. Finally, with regard to the advantages which trade union members are alleged to enjoy, under state social insurance, in accordance with the aforesaid article 4 of the Rules of the Soviet Trade Unions, the Government declares that " in the Soviet Union, the entire responsibility for managing the social insurance scheme is at present vested in the unions ; it is a well-known fact that such an association in the management of social insurance is being claimed and fought for at the present time by the trade unions of many countries. The Soviet trade unions disburse enormous sums of money as part of social insurance on the provision of social services for workers ; these include the payment of temporary disability benefits, in respect of which a certain distinction is made as between members and non-members of the unions. This distinction, however, does not extend to the other forms of social security and social services and cannot in any way be regarded as an indirect form of coercion applied to induce workers to become affiliated to a union." The Government adds that " as public bodies representing the mass of the working population, the Soviet trade unions organise all types of wage-earning and salaried employees on a strictly voluntary basis, without distinction as to race, nationality, sex or religious conviction. No direct or indirect form of coercion is applied to induce workers to become affiliated to a union. As a result of their great efforts to improve the working conditions, material welfare and cultural standards of the working population, the trade unions enjoy considerable authority among wage earners and salaried employees, who are keen to become affiliated members and take an active part in union activities. The vast majority of persons employed in Soviet undertakings (40,420,000 on 1 January 1954) are consequently members of a union, as may be seen from the published documents of the 11th Trade Union Congress and various other papers." 134. The Committee considers that, while it is not called upon to express an opinion as to the desirability of entrusting the administration 2 3 RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 49 of social insurance and the supervision of the application of social legislation to occupational associations rather than to administrative state organs except in so far as such a measure might restrict the free exercise of trade union rights, this might be the case : (1) if the trade unions exercised discrimination in administering the social insurance funds made available to them for the purpose of exercising pressure on unorganised workers ; (2) if the independence of the trade union movement should thereby be compromised. 135. With regard to the utilisation of social insurance funds, the Government admits in its reply that certain differences exist as between trade union members and unorganised workers, but states that they cannot be regarded as implying any indirect pressure to cause workers to adhere to the trade unions. The Government again emphasises in this connection that the Soviet trade unions group the workers on a strictly voluntary basis and that there exists no form of coercion, direct or indirect, to join a trade union. 136. In these circumstances the Committee, while considering that it is not called upon to express an opinion as to the desirability or otherwise of entrusting the administration of social insurance and the supervision of the application of social legislation to occupational associations rather than to administrative state organs, except in so far as such a measure might restrict the exercise of trade union freedom, notes the assurance given by the Government of the U.S.S.R. that Soviet trade unions group the workers on a strictly voluntary basis and that there exists no form of coercion, direct or indirect, to join a trade union, but considers that differences in treatment in respect of social security on the basis of trade union membership are liable to operate in practice as a means of indirect coercion, and recommends that the Government should give further consideration to this point. 137. With regard to the juridical status of the Ail-Union Central Council of Trade Unions, the Government has emphasised that the Council is the highest authority in the hierarchy of the trade unions, as voluntary organisations of the working population, and that no governmental attributes can be assigned to it. This, it is stated, is confirmed moreover by the Constitution of the U.S.S.R., which does not include the All-Union Central Council of Trade Unions in the list of organs of state power and state administration. 138. With regard more particularly to the status of the President of the All-Union Central Council of Trade Unions, the Government emphasises that he is the elected head of the highest elected trade union 50 TRADE UNION RIGHTS IN THE U.S.S.R. authority and that, therefore, his status has nothing in common with that of the head of an administrative or governmental institution. 139. While taking note of the Government's statement, the Committee decided to examine the merits of the allegations relating to the juridical status of the AU-Union Central Council of Trade Unions and of the President of the Council in connection with the allegations relating to the free elections of trade union officers. Allegations relating to the Principle of the Free Election of Trade Union Officers. 140. The complainant formulates two distinct allegations, one of which relates to the electoral procedure laid down with respect to the appointment of " trade union group organisers ", while the other relates to the circumstances under which Mr. N. M. Shvernik was appointed President of the All-Union Central Council of Trade Unions of the U.S.S.R. in 1953. These two allegations are examined separately below. Type of Ballot Prescribed for the Election of Trade Union Group Organisers. 141. The complainant alleges " that the Rules of the Soviet Trade Unions have abolished the secret vote for the election of the so-called ' trade union group organisers '. The group, numbering up to 20 members, is the lowest unit of the Soviet trade unions; the group organiser is the steward of the group. He is the basic link between the trade union leader and the workers in the shop. From this it results that the trade union representative most closely connected with the mass of the workers and most likely to be influenced by their real sentiments and desires is not appointed by secret ballot." 142. In its first reply (3 November 1954) the Government stated— The democratic spirit of the trade unions finds its expression in the union of workers, freely entered into, in the elections for factory, undertaking and local councils, which are made by secret ballot, and also in the elections for all the other leading executive bodies of the trade unions and of the delegates who participate in conferences and meetings. In accordance with the constitutions of the various trade unions, the elections for factory, undertaking and local councils, and the elections of occupational organisers and group occupational bodies take place each year. The elections of the central trade union committees and their regional, local and other bodies take place every two years. The Congress of Trade Unions of the U.S.S.R. meets at least once every four years. Decisions of the trade union organisations are taken by majority vote; no decision can be taken against the wishes and desires of the majority. The members of each trade union have the right to nominate, reject or criticise every candidate proposed for membership of the trade union executive bodies. 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 51 143. The Committee, having noted at its 11th Session (February 1955) that the Government's reply did not comment specifically on the complainant's allegation that trade union group organisers are appointed by a show of hands, made an examination in this case also of the pertinent provisions in the Soviet laws and regulations. 144. The Committee noted that the Labour Code of the R.S.F.S.R. (like the Labour Codes of the other federated republics of the U.S.S.R.) leaves the organisation of trade union elections to be dealt with in the trade union rules. Articles 12 to 19 of Chapter II of the Constitution and Rules of the Soviet Trade Unions lay down the basic principles relating to trade union elections which may be summarised as follows. Under article 12 of the Rules— the trade unions are built up on the principles of democratic centralism, which means that—• (a) all trade union bodies from the bottom up are elected by the membership and accountable to them; (b) trade union organisations decide all matters of union activity in conformity with the rules of trade unions of the U.S.S.R. and the decisions of higher union bodies; (c) trade union organisations pass their decisions by a majority vote of the membership; (d) lower trade union bodies are subordinate to higher ones. Article 15 provides that— The highest directing body of a trade union organisation is the general meeting (for primary organisations), the conference (for district, city, regional, territorial, republican, railway-line and basin organisations), the congress (for the trade union as a whole). The general meeting, conference or congress elects an appropriate committee—the shop, factory, establishment, district, city, regional, territorial, republican, central committee, and in inter-union organisations—the Council of Trade Unions, which is their executive body and directs all the routine activities of the organisation. Article 16 emphasises that— All trade union directing bodies, and also delegates to trade union conferences and congresses are elected by secret ballot. When trade union bodies are being elected, the union membership has the right to nominate candidates and to challenge or criticise any of them. The elected trade union bodies choose from their midst, by open vote, a chairman, a secretary, and members of the presidium. Article 17 provides that— New elections to any trade union body may be held before the expiration of the appointed term at the demand of at least one-third of the union members represented by that body, and also by decision of a higher trade union body. 52 TRADE UNION RIGHTS IN THE U.S.S.R. Article 18 determines the electoral quorum. It provides that— General meetings of trade union members, union conferences and congresses, and also meetings of trade union committees and councils of trade unions shall be considered competent if attended by not less than twothirds of the union members, delegates or committee members. Finally, article 19 provides that— Trade union bodies must undeviatingly observe trade union democracy: call general meetings and conferences of union members, report on their work and hold elections, provide for the development of criticism and self-criticism in the trade union organisations, promote extensive participation of the membership in trade union activities, strengthen and extend their ties with the masses, rely on broad sections of the trade union activ, and strictly observe the principles of collective leadership. 145. In connection more particularly with the allegation that organisers of trade union groups—" the lowest unit of the Soviet trade unions ", according to the complainant—are elected by open ballot, the Committee examined two articles in the Rules relating to primary trade union organisations. 146. Under article 37 of the Rules— The basic unit of a trade union is the primary trade union organisation. The primary trade union organisation is made up of the trade union members employed at the same factory, M.T.S., state farm, or establishment, or attending the same educational institution. The highest body in the primary trade union organisation is the general meeting of union members. In factories or other establishments where general meetings cannot be called because people work different shifts or because the shops or departments are territorially dispersed, shift meetings or conferences of trade union members are held instead. Article 39 provides that— To conduct current activities primary trade union organisations numbering 25 or more members elect a factory or establishment committee and an auditing commission, and organisations numbering less than 25 members elect a trade union organised for a term of one year. The number of members on the factory or establishment committee and the auditing commission isfixedby the general meeting or conference of union members. 147. It would appear from these provisions that the primary trade union organisations—the factory unions and the organs emanating from them, factory committees, etc.—and " trade union organisers " are elected by secret ballot by the general meeting of union members. 148. Article 41 of the Rules refers more specifically to " trade union group organisers ". This article reads as follows : 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 53 With a view to meeting more fully the wants of trade union members working in the same team, unit, assembly, section, etc., trade union groups are formed. A trade union group organiser is elected by open vote for a term of one year at a general meeting of the group. To assist the group organiser, the trade union group elects from among its members a social insurance steward, a cultural organiser and a public inspector of labour protection. The trade union group organiser— draws all employees into the trade union, collects membership dues from union members; actively supports advanced production undertakings by the workers and other employees, assists them in bringing out and widely developing their creative initiative, helps innovators in production, sees to the dissemination of highly productive methods of work among all the workers of his group; jointly with the foreman and team leader develops socialist emulation for the fulfilment and overfulfilment of production assignments, for the improvement of output quality, and for the saving of materials by every worker; holds production conferences and general meetings of the trade union group and helps the factory, establishment and shop committees to provide the . workers and other employees with welfare and cultural services. 149. It would appear from these provisions that there is a distinction between " trade union group organisers " and " trade union directing bodies ". 150. The Committee notes that article 16 of the Rules of the Soviet Trade Unions requires trade union officers to be elected by secret ballot, but that article 41 provides for the election by a show of hands of trade union organisers, whose duties include the drawing into the trade union of all employees and the collection of membership dues from union members. Appointment of the President of the Central Council of Trade Unions. 151. With regard to the second allegation of the complainant relating to the method of appointment of the President of the Ail-Union Central Council of Trade Unions, the Committee also made reference to the provisions in the Rules of the Trade Unions relating to higher trade union bodies. 152. According to article 20 of the Rules, the supreme body of the trade unions is the Congress of Trade Unions of the U.S.S.R., which must be convened at least once every four years. Notice of it and its agenda must be given at least two months before the date of the Congress. The rates of representation at the Congress of Trade Unions are determined by the All-Union Central Council of Trade Unions. According to article 21 (e), the U.S.S.R. Congress of Trade Unions " elects the All-Union Central Council of Trade Unions and the Auditing Commission ". 54 TRADE UNION RIGHTS IN THE U.S.S.R. Under the provisions of article 25, " the Ail-Union Central Council of Trade Unions elects a Presidium to direct the work of trade unions between the plenary meetings and a Secretariat to direct the current work of organisational and executive character ". 153. The Committee, at its 11th Session (February 1955), after recalling the fundamental provisions in the Rules of the Soviet Trade Unions analysed above and making reference to the complainant's allegations that the President of the All-Union Central Council of Trade Unions was appointed by the Central Committee of the Communist Party of the Soviet Union, the Council of Ministers of the U.S.S.R. and the Presidium of the Supreme Soviet, meeting in joint session, requested the Government of the U.S.S.R. to inform it " whether the principle of free election of trade union leaders applies to all ranks in the trade union hierarchy and in particular to the office of President of the AU-Union Central Council of Trade Unions ". 154. In its second reply (5 November 1955) the Government of the U.S.S.R. gives the following details: The Committee refers to a communication from the International Confederation of Free Trade Unions, dated 7 October 1954, in which it is asserted that the President of the Ail-Union Central Council of Trade Unions was appointed to his post in March 1953 by a joint meeting of the Central Committee of the Communist Party of the Soviet Union, the Council of Ministers of the U.S.S.R. and the Presidium of the Supreme Soviet of the U.S.S.R. In fact, however, the ordinance on the subject recommended his appointment as President of the Ail-Union Central Council of Trade Unions. The President of the Ail-Union Central Council of Trade Unions was elected at the 10th Plenary Meeting of the AU-Union Central Council of Trade Unions held in March 1953, and was re-elected in June 1954 at the first Plenary Meeting of the AU-Union Central Council of Trade Unions after its election at the 11 th Trade Union Congress. No appointment of a President ever took place, and there was naturally no notification of any such appointment. The principle of free election is appUed in the Soviet Union to the election of aU trade union leaders, including the President of the AU-Union Central Council of Trade Unions. 155. The Committee considered the text of the joint decision of the Central Committee of the Communist Party, of the Government and of the Supreme Soviet of the U.S.S.R. relating to the appointment of Mr. Shvernik as President of the Ail-Union Central Council of Trade Unions. The decision is in the following terms 1 : ... The Central Committee of the Communist Party of the U.S.S.R., the Council of Ministers of the U.S.S.R. and the Presidium of the Supreme Soviet 1 1953. The decision in question was published in the Moscow newspapers of 7 March 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 55 of the U.S.S.R. consider it indispensable to adopt a number of measures relating to the organisation of the administration of the Party and of the State: Concerning the Presidency of the Presidium of the Supreme Soviet of the U.S.S.R. : To recommend Comrade K. E. Voroshilov to be appointed President of the Presidium of the Supreme Soviet of the U.S.S.R., while relieving Comrade Shvernik of his functions. . . . Concerning the Presidency of the Central Council of Trade Unions of the U.S.S.R. : To recommend Comrade N. M. Shvernik for appointment as President of the Ail-Union Central Council of Trade Unions, while relieving Comrade V. V. Kuznetsov of his functions. [Mr. Kuznetsov was then President of the AU-Union Central Council of Trade Unions.] 156. The Committee also observed that the President of the AilUni on Central Council of Trade Unions was elected in March 1953, as the Government states in its reply, at the 10th Plenary Meeting of the AU-Union Central Council of Trade Unions, and was confirmed in his office in June 1954 at the First Plenary Meeting of the AU-Union Central Council of Trade Unions, after its election by the 11th Congress of Soviet Trade Unions. It should be noted that, at the meeting of the AU-Union Central Council of Trade Unions in March 1956 \ Mr. V. V. Grishin was elected President of the Council in succession to Mr. Shvernik. 157. The Committee, while noting the fact that the joint decision in question consisted of a " recommendation " that Mr. Shvernik should be appointed President of the AU-Union Central Council of Trade Unions, and not a formal appointment—a recommendation subsequently approved by the Congress of Trade Unions of the U.S.S.R.—nevertheless considers that the mere fact of recommending the appointment of Mr. Shvernik to this office amounted to indirect pressure on the occupational associations which the latter could have resisted only with difficulty. Such an intervention appears in itself to imply an infringement of the principle of the free election of trade union officers. 158. The same would appear to be true, a fortiori, if, as in the present case, the trade union movement is based, as mentioned earlier in paragraph 144, on the principles of democratic centralism according to which " lower trade union bodies are subordinate to higher ones ". In other words, if the counterpart also provided by article 12 of the Rules, namely " free election of all trade union bodies from the bottom up by the membership of the trade unions to whom they are accountable 1 Trud, 17 Mar. 1956, p. 1. 56 TRADE UNION RIGHTS IN THE U.S.S.R. for their activities " is lacking, there is a danger that trade union policy as a whole may be determined by trade union leaders whose appointment has been imposed, even though indirectly, by the public authorities or the political party in power. 159. From a general analysis of this aspect of the complaint it would appear that, while the Constitution and Rules of the Soviet Trade Unions include guarantees of the free election of trade union officers, there are still serious doubts, as is shown by the Government's intervention in the appointment of the President of the Ail-Union Central Council of Trade Unions, concerning the application of these provisions in practice. 160. The Committee in these circumstances notes that it is admitted by the Government of the U.S.S.R. that the Central Committee of the Communist Party of the U.S.S.R., the Council of Ministers of the U.S.S.R. and the Presidium of the Supreme Soviet of the U.S.S.R. made a recommendation in 1953 concerning the presidency of the AllUnion Central Council of Trade Unions but contends that this was not a formal appointment but a recommendation subsequently approved by the Congress of Trade Unions of the U.S.S.R.; the Committee considers a recommendation made in such circumstances to be inconsistent with the principle of the freedom of organisations to elect their representatives in full freedom but notes that the present President of the All-Union Central Council of Trade Unions was elected in accordance with the Statutes of the Trade Unions in March 1956. Allegation that the Soviet Trade Unions Found It Impossible to Hold a Congress for a Period of 17 Years (1932-49). 161. The complainant declares that during a period of 17 years (1932-49) the Soviet trade unions were not authorised to hold a congress. 162. In its reply dated 3 November 1954 the Government states that, in accordance with the Constitution and Rules of the Soviet Trade Unions, the Congress of Trade Unions of the U.S.S.R. is convened at least once every four years. 163. The Committee notes that the provision in the Constitution and Rules of the Soviet Trade Unions mentioned by the Government, which provides for the convening of a Congress of Trade Unions at least once every four years (article 20), has been in application only since the adoption of the Constitution and Rules in April 1949 by the 10th Congress of Soviet Trade Unions, whereas prior to that date there appear to have been no rules in operation with respect to all trade union organisations; it also notes that a decree of 15 May 1935, which does not 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 57 appear to have been abrogated, provides that the convocation by federal state organs or co-operative and social bodies of congresses, conferences or consultative assemblies in which representatives of local organs take part is permitted only with the authorisation of the Council of People's Commissars of the U.S.S.R.1 The 11th Congress of Trade Unions of the U.S.S.R. was held in June 1954. 164. In the circumstances the Committee notes that the Constitution and Rules of the Soviet Trade Unions provide that the Congress of Trade Unions of the U.S.S.R. is convened at least once every four years and draws attention to the importance which it has always attached to the principle that in every democratic trade union movement the congress is the supreme trade union authority. 2 Allegations concerning the Right of Trade Unions to Defend the Occupational Interests of Their Members 165. The allegations of the complainant concerning the role of the Soviet trade unions with respect to the defence of the occupational interests of their members may be grouped under the following heads : (1) questions relating to collective bargaining and the wages policy; (2) questions relating to certain trade union duties, especially with respect to output, claimed to be incompatible with the objects of trade unions; (3) questions relating to certain laws restricting the freedom of the workers: forced labour, labour discipline, right to strike. Allegation relating to Collective Bargaining and Wages Policy. 166. In its first communication, dated 20 July 1950, the complaining organisation begins by stating that " the practice of fixing wage rates and working conditions by collective bargaining was discontinued in 1934. Since that time wage rates in the U.S.S.R. have been determined by the Soviet Government or its agencies. In 1947, after 12 years during which no collective agreements had been concluded, they were reintroduced, but in name only, since collective agreements currently negotiated in the Soviet Union do not determine wages or working conditions." 167. With regard to the fixing of wages, the complainant states that " the foreman decides the wage rate for the individual worker according 1 2 Sobranie S.S.S.R., No. 26, 28 May 1935, Text No. 209. First Report of the Committee, Case No. 8 (Israel), paragraphs 66-68. 58 TRADE UNION RIGHTS IN THE U.S.S.R. to an official handbook which contains a classification of the various jobs and indicates the corresponding wage categories ". 168. The fixing of wages is described as follows: In effect, no diversity in the determination of wage systems and levels can be admitted under the conditions of unified national economic planning. For this reason, wages are regulated in our country in a centralised manner, by the Government of the U.S.S.R., through appropriate normative acts (that is, acts having the character of a binding legal rule) and not by contract. The inviolability of this principle was emphasised by the decree of the Council of Ministers of the U.S.S.R. of 4 February 1947, according to which it is expressly forbidden to include in collective agreements any system of pay for the work of manual workers, engineers, technicians and white-collar workers which has not been approved by the Government.1 It is not surprising that, under these conditions, incentive pay has become a device for anti-worker managerial practices. Piece-rate cutting and speed-up methods are advocated and prescribed by the highest authorities of the country. By fostering Stakhanovite methods certain workers are engaged to serve as " pace setters " in establishing higher " norms " of work. In practice, the foreman's obligation to revise piece-rates forces him to use " drive " methods. 169. In its second communication, dated 28 May 1952, the complaining organisation, on the basis of quotations from official Soviet publications, describes the nature of collective agreements in the U.S.S.R. as follows: It is true that collective agreements are entered into by the Soviet " trade unions ", but these contracts do not deal with wages, hours of work and other conditions of employment. Their aim is quite different. They are the main means of placing on trade union organisations the co-responsibility for the achievement of government production plans, for enforcement of labour discipline in factories and workshops, for increasing labour productivity and for the speed-up of work. A Trud editorial of 16 January 1952 contains a description of the collective agreements for the current year. The contracts provide in particular for fulfilment and overfulfilment of the State Economic Plan for 1952. The 1952 contracts differ from the last year's in paying particular attention to qualitative production indices—improvement of products, lowering of unit costs, careful use of materials, fuel and electric power and perfection of production techniques. The contracts take account of the rise in the technical level of industry and emphasise the further development of " socialist competition " and the dissemination of advanced experience.2 In whatever respects these new contracts differ from last year's, one thing has remained unchanged: they are not agreements on wages and other conditions of employment arrived at by collective bargaining. 170. The complainant returns to the question of the fixing of wages and other conditions of employment in the following terms : In the reports on the Seventh Plenary Session of the All-Union Central Council of Trade Unions, published by Trud, wage rates, hours of work, 1 2 G. MOSKALENKO: " Legal Problems of the Collective Agreement", op. cit., p. 16. Trud, 16 Jan. 1952 (summary quoted from Current Digest of the Soviet Press, Vol. IV, No. 4, 8 Mar. 1952, p. 26). 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 59 methods of payment of wages and other conditions of employment were not mentioned. No mention was made of any plans for wage bargaining made by the Council and no grievances in these matters were considered. In the resolutions adopted by the Council and published subsequently in Trud all these matters of vital importance to the worker were not even touched upon. These matters are quite obviously not within the scope of the so-called trade unions in the Soviet Union. 171. In its communication dated 7 October 1954 the complainant gives a survey of the directives of the Presidium of the All-Union Central Council of Trade Unions with respect to the reintroduction of collective agreements in the U.S.S.R. : The Presidium of the All-Union Central Council of Trade Unions, with the approval of the Council of Ministers of the U.S.S.R., announced in March 1947 the need for a vast campaign with a view to the introduction of collective agreements in industry, building and the merchant marine. As the President of the Soviet Trade Unions stated, this campaign was introduced " on the demand of Comrade Stalin " in order to stimulate the accomplishment and exceeding of economic plans. The Soviet trade unions do not freely negotiate wages and conditions of employment, as these are fixed by the state authorities. Thus, the resolution of the Presidium of the AU-Union Central Council of Trade Unions concerning the reintroduction of collective agreements required that piece-work rates and bonuses as approved by the Government must be specified in collective agreements. The same resolution formally prohibits the inclusion in collective agreements of rates which have not been approved by the Government. If wage rates are included in a collective agreement, they are only the application of the Government's plan for the accomplishment of which the collective agreement has been drawn up. The first object of collective agreements is, therefore, to define the specific tasks and obligations devolving on the undertakings and on their staffs in the accomplishment of the government plan. In his report to the 11 th Congress of Soviet Trade Unions, the President of the Soviet Trade Unions, Mr. Shvernik, declared that in a number of undertakings collective agreements to ensure the accomplishment of the State Plan and to improve living conditions, etc., were systematically ignored and further that the accomplishment of the great tasks confronting the Soviet people required the trade union organisations to enhance the importance of collective agreements as a means of organising the masses in the struggle to accomplish and exceed the State Plan and to improve the material and cultural living standards of the workers. 172. In its first reply, dated 3 November 1954, the Government gives the following explanations with respect to the policy concerning wages and collective bargaining: The trade unions of the U.S.S.R. are making constant efforts to raise the cultural and material standard of living of the workers and employees even more and to improve their living conditions. The continuous rise of the national income is a sure sign of the increasing well-being of the workers. Contrary to what happens in capitalist countries, where more than half the national income is grasped by the exploiting classes, the entire national income in the Soviet Union falls to the workers. To satisfy their personal material and cultural needs, the workers of the U.S.S.R. receive 60 TRADE UNION RIGHTS IN THE U.S.S.R. almost three-quarters of the national income; the remainder is used to increase socialist productivity and serves other public and national ends. Real wages are constantly rising in the U.S.S.R. The systematic lowering of prices of current consumption goods and products is the main reason for the increase in real wages. As the result of seven successive reductions the retail prices of current consumption goods are now 2.4 times below those of 1947, the year in which the first reduction took place. In the Soviet Union wages are not the only material benefits which the workers receive. The State spends thousands of millions of roubles to provide for the cultural and material needs of the workers without cost to them, to ensure their education, protect their health and gives them social insurance and study scholarships, as well as other allowances and advantages. During the year 1953 these payments and free services to the population represented a total sum more than three times higher than the corresponding figure for 1940. The real wages of the workers and employees of the U.S.S.R. increased by 65 per cent, from 1940 to 1953; and if account is taken of the increase in state expenditure devoted to the cultural and material needs of the population. the total income of workers and employees increased by 89 per cent. during this period. In endeavouring to improve the workers' conditions of life, the trade unions of the U.S.S.R. apply public supervision of the masses to the execution of cultural, material and housing construction projects, to the improvement of workers' canteens, shops, and municipal and city transport undertakings; they participate in sharing out the housing space allotted to each person accommodated in houses belonging to undertakings and institutions. During 1953 the capital invested in housing construction was approximately four times higher than that of 1940. In 1954 the capital invested increased by 35 per cent, compared with that of 1953. During the post-war years, 183 million square metres of housing floor space have been built and occupied, in addition to more than 240,000 crèches and kindergartens, 856 scout holiday centres and many other cultural and social institutions. These facts and figures are eloquent proof of the scale of the work which is being done in the Soviet State to raise the standard of living of the workers, and of the continually increased material well-being and the cultural level of the population. By their activities, the trade unions play a large part in these achievements. In accordance with their constitutions the trade unions take an active part in the drafting of laws concerning labour, material and cultural problems and in fixing wage scales and work-rate tables. The trade unions conclude collective agreements with the directors of undertakings. All questions concerning production, the material and social conditions and cultural services provided for workers and salaried employees are dealt with in the collective agreements. Negotiations for the conclusion of collective agreements are carried out by the representatives of the directorates of undertakings, on the one hand, and representatives of the workers in the undertaking, on the other. These collective agreements lay down the conditions of work of both workers and salaried employees, the level of wages, etc. Collective agreements are designed to encourage subsequent improvement in the material position of the workers and employees, the improvement of cultural and social services for the workers, to ensure healthy working conditions and proper safety measures. The collective agreements guarantee workers and employees the right to rest, periods of stay in rest homes, sanatoria, tourist centres, etc. For workers with a dependent family, the collective agreements ensure the placement of their 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 61 children in crèches, nurseries, kindergartens and other similar institutions, if and when the parents themselves wish this and to the extent which they desire. The collective agreements also provide for funds to be allocated to housing construction for workers and employees and to building clubs and other cultural and educational institutions. The workers and employees take a most active part in drafting all these provisions of the collective agreements. Joint meetings of workers and salaried employees discuss the questions relating to the conclusion of collective agreements. The workers and employees put forward their demands quite freely, and these serve to guide their representatives during the negotiations with factory managements. Furthermore, the workers and salaried employees can also express their point of view to their representatives who negotiate the agreements. The requests and wishes of the workers in relation to collective agreements are freely discussed in the press. If necessary the workers and employees criticise the progress of negotiations in the papers. These negotiations are carried on freely and openly and each worker has the right to comment on them. Every year the collective agreements are concluded afresh in each undertaking, taking into account any new wishes expressed by the workers and employees. 173. At its 11th Session (February 1955) the Committee examined the principal texts appearing at the present time to govern the question of collective agreements and the system of wages in the U.S.S.R., namely the Preamble to the Constitution and Rules of the Trade Unions, the decree of 4 February 1947 respecting the conclusion of collective agreements in undertakings and the decision of the Presidium of the All-Union Central Council of Trade Unions of the same year. 174. The Preamble to the Constitution and Rules of the Trade Unions provides, in particular, that the trade unions " take part in planning and regulating wages and in framing systems of pay in accordance with the socialist principle of payment by the amount and quality of work performed, promote the introduction of progressive, technologically substantiated output rates and see that work is recorded properly and that the piece-rates and progressive bonus system of payment is operated correctly ". 175. The decree of 4 February 1947 concerning the conclusion of collective agreements in the undertakings includes in particular the following provisions with respect to the contents of the agreements : Model collective agreements will be approved by the All-Union Central Council of Trade Unions and by the ministries concerned. Collective agreements must be concluded in undertakings in conformity with the State Plan for 1947 as approved by the competent ministries. The procedure for concluding collective agreements is laid down in directives issued by these ministries and by the central trade union committees and approved by the Ail-Union Central Council of Trade Unions. 62 TRADE UNION RIGHTS IN THE U.S.S.R. These directives must contain the following: index figures, approved for the undertakings on the basis of the State Plan for 1947, regarding the volume of production (expressed as absolute figures or as percentages of the corresponding figures for the previous year), productivity, wages, production costs and funds to be allocated for housing, construction for cultural purposes, and labour protection; (b) index figures for initial training and for further training to enhance skills of workers and salaried employees; (c) index figures, approved in accordance with the plan for each undertaking, regarding activities in auxiliary occupations, and particularly the increase in stock and poultry raising; (d) index figures relating to plans for the building of individual houses and indications as to the extent and character of the aid to be accorded to individual builders; (e) directives addressed to trade union committees in establishments concerning the development of socialist emulation, assistance to workers, technicians and salaried employees with a view to improving their occupational skills, supervision of application of labour legislation and of the correct application of the systems of remuneration in force, and measures relating to the strengthening of labour discipline and to combating loss of time and bad work. (a) 176. The decision of the Presidium of the All-Union Central Council of Trade Unions, referred to by the complainant, reproduces the various provisions of the decree quoted above and defines their contents, and, in its paragraph 6 entitled " Wages and Output Standards", gives the following details concerning the nature of the provisions on those matters which must be inserted in collective agreements : Collective agreements must indicate the straight piece-work rates, progressive piece-work rates and bonus rates approved by the Government. During the proceedings preparatory to the conclusion of collective agreements, managements and works committees must examine all jobs paid at time rates and determine which of these might be paid by results. Collective agreements must include definite undertakings concerning the introduction of technical standards into the establishments in 1947 instead of obsolete standards of empirical or statistical origin. Trade union organisations are required to verify systematically whether the workers receive their instructions in good time and whether remuneration and deductions are correctly calculated. Collective agreements must indicate the obligations of the management regarding dates of payment of wages and salaries. Trade union organisations are required to ensure that collective agreements shall not stipulate any system of remuneration for workers, technicians or salaried employees which has not been approved by the Government, and that there is no deviation from the standard occupational grading and the standard wage scales and rates of pay. 177. The Committee, after having examined these various texts and taking as its basis the Preamble to the Constitution and Rules of the Trade Unions providing that " trade unions take part in planning 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 63 and regulating wages and in framing systems of pay in accordance with the socialist system of payment by the amount and quality of work performed ", and also having regard to the fact that wages funds are established in accordance with the State Plan, expressed to the Government of the U.S.S.R. its desire to know through what machinery and at what stages the trade unions take part in framing and applying wage regulations and what means they have of, where necessary, bringing influence to bear on government decisions in the matter of wages and conditions of employment. 178. In its second communication, dated 5 November 1955, and in other communications to the International Labour Office, dated 10 August 1955 and 1 November 1955, the Government gives the following supplementary information concerning the system of collective agreements in the U.S.S.R. and the participation of occupational associations in the preparation of wages policy. 179. With regard to the conception of collective agreements in the U.S.S.R., the Government states that— In the Soviet State, where there is no exploitation of man by man and where production is consequently organised in such a way as to give maximum satisfaction to the material and cultural requirements of society as a whole, a collective agreement is a bilateral commitment equally reflecting both the interests of the undertaking and the personal and material interest taken in its success by every individual worker and by the staff in its entirety. Any increase in production or improvement in the quality of the undertaking's products has a direct influence in raising the standard of living of the population and the earnings of the working people and in cutting the cost of industrial and other products, and it also enables the State to increase the sums of money it allocates to public health, education, housing and social insurance. 180. With regard to the nature of collective agreements, the Government states that they represent a bilateral commitment. In the conditions prevailing in the U.S.S.R. the workers are employed in publicly owned undertakings, where production is subordinate to the interests of the workers themselves. For this reason collective agreements commit the parties both in respect of questions of production and also in respect of further improvements of the working conditions, material welfare and cultural circumstances of the employees. 181. With regard to the procedure for concluding collective agreements the Government explains in its reply that— The draft of a collective agreement is drawn up jointly by trade union representatives and representatives of management in the light of any special features of production and employment in the undertaking. Before being signed, the collective agreement is discussed at workshop and general meetings of the wage-earning and salaried employees concerned, who carefully consider the draft text, criticise it freely and put forward their own amendments and 64 TRADE UNION RIGHTS IN THE U.S.S.R. additions. As far as the content is concerned, each undertaking prepares its own agreement, which is different from those prepared by other undertakings and reflects the requirements of the workers and of the undertaking itself. 182. With respect to the effects of the collective agreements, the Government explains that it is applicable to all the workers and employees of the undertaking, whether they are or are not members of the union which concludes the agreement. 183. Finally, the Government states that— The collective agreements concluded in each Soviet undertaking are individual in character; this is also true of the collective agreement concluded in the Stalin Factory, which is comparable only in structure and in form with those concluded in other undertakings in the automobile construction industry. 184. With respect to the role of the trade unions in the preparation of wages policy, the Government gives the following details : The Soviet trade unions take an active part in planning and regulating the remuneration of wage-earnings and salaried employees and in drafting laws on questions of production, labour, living conditions and culture. They also strive to ensure that such laws are strictly implemented. All governmental ordinances relating to wages and other questions of concern to the working population are drawn up in concert with the unions and are adopted with the approval of the All-Union Central Council of Trade Unions. The Soviet trade unions fully avail themselves of these rights and possibilities. Wage rates are fixed by agreement with the Ail-Union Central Council of Trade Unions and the central committees of the branch unions, i.e. with authorities that are the elected representatives of the workers belonging to the unions. In addition, piece-rates are fixed and applied by agreement between the management of the undertaking and the elected factory or works committee of the union. The practice of dealing with problems of wage rates at the level of the central committees of the branch unions is conducive to standard conditions of employment in the undertakings in a given branch, all of which are socialist undertakings under public ownership. It should be borne in mind in this connection that in many Western countries the trade union movement is fighting for the right to settle wage questions by negotiation for each branch of industry in its entirety, and in some countries has already won this right. 185. It would appear from this survey of the respective arguments presented that collective agreements in the U.S.S.R., while they offer certain analogies with collective agreements in other countries, nevertheless differ in nature, purpose and content from the traditional collective agreements freely concluded by workers and employers. 186. The Government of the U.S.S.R. has argued in substance that owing to the very nature of the system of organisation of its economy there is no opposition of interest as between the heads of undertakings and the workers, but " an identity of tasks which devolve on the management of a socialist undertaking as representative of the socialist state, 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 65 which itself is the expression of the general interests of the whole of the workers, and those which devolve on the trade union committee as representative of the interests of the collectivity of workers and employees in the undertaking in question. This identity of essential tasks flows in the last analysis from the fundamental economic low of socialism, which demands that socialist production shall be constantly developed and perfected by better techniques in order to ensure the maximum satisfaction of the material and cultural needs of the whole socialist society, which increase unceasingly." According to the Government, this identity of tasks explains why the object of collective agreements is to ensure the execution and surpassing of production plans, a condition for the progressive improvement of the standard of living of the workers. 187. The Committee considers that it is not called upon to express a view on systems of collective agreements in force in different countries except in so far as such a system may impair the right of trade unions to assume freely the defence of the workers, it being of little importance whether the latter are in the service of private employers or of the State as an employer. 188. It would appear from the texts referred to above and from the details given by the complainant and by the Government that, while collective agreements in the U.S.S.R. contain provisions relating to wages and other conditions of employment, these provisions are based on indices fixed by the State Plan from which the parties cannot deviate. In other words, the determination of basic wages and fundamental conditions of employment is outside the scope of regulation by collective agreements. 189. In an earlier case, relating to Greece 1 , the complainant criticised the method of fixing wages then in force in Greece and demanded that they should be fixed by collective bargaining and readjusted to the cost of üving. The Greek Government having confined itself to a statement that the complaint related especially to questions connected with general economic policy, the Committee made the following comments : It may be observed in this connection that, while the demand for a readjustment of wages to the cost of living may be mainly a question of an economic character and not connected with freedom of association, the same is not true with regard to the question as to the method of fixing wages by collective agreements which is also raised in the complaint. The development of procedures for the voluntary negotiation of collective agreements in fact constitutes an important aspect of freedom of association. However, it would 1 See Sixth Report of the Committee, Case No. 55, paragraphs 922-924. 66 TRADE UNION RIGHTS IN THE U.S.S.R. be difficult to lay down an absolute rule concerning this matter because, under certain circumstances, governments might feel that the economic position of their countries called at certain times for stabilisation measures during the application of which it would not be possible for wage rates to be fixed freely through the medium of collective bargaining. Hence the Committee considers that the economic position of Greece during recent years may have justified the adoption of such stabilisation measures, but observes that, at a later date and subsequent to the presentation of the complaint, the Greek Government enlarged the role of collective bargaining by adopting Act No. 2053 of 23 April 1952 regulating collective relations and labour disputes. This Act provides for the establishment of a council of 16 members, including five representatives of the State, five representatives of employers and five representatives of workers ; it is the duty of the council, in particular, to approve collective agreements or administrative decisions concerning wages, to fix wages itself in certain cases and to endeavour to extend the field of collective agreements. In those circumstances the Committee recommended the Governing Body to decide that the ground of complaint in question did not call for further examination. 190. In the present case, the control of wages appears to be an inherent feature of the actual system of the Soviet economy, by reason of the fact that wages funds are established in accordance with the State Plan which governs all social relationships in the U.S.S.R. 191. In these circumstances the question of the defence of the occupational interests of the workers and, in particular, of rates of wages, arises less at the level of the undertaking where collective agreements are concluded than at the national level, that is to say, at the time when the wages policy is actually drawn up. 192. Given this situation, the question of knowing whether and to what extent trade unions participate in the preparation of wages policy is of particular importance as an element in judging the role of the trade unions in the defence of the occupational interests of the workers. 193. It would appear from the details given by the Government and referred to above in paragraph 184 that all decisions of the Government concerning the remuneration of labour are prepared in consultation with the trade unions, that wages rates are fixed in agreement with the All-Union Central Council of Trade Unions and the central committees of the trade unions for each branch of industry and, finally, that piecework rates are determined and applied by agreement between the managements of undertakings and the works committees elected by the trade unions. 194. In this connection the Committee notes that the collective agreements concluded by the Soviet trade unions are different in character 23RD REPORT OF THE COMMITTEE ON FREEDOM OF ASSOCIATION 67 from collective agreements freely negotiated between employers and workers in that, while such collective agreements contain provisions relating to wages and other conditions of employment, the determination of basic wages and fundamental conditions of employment are fixed by the State Plan from which the parties cannot deviate and which lie outside the scope of regulation by collective agreement ; it notes the statement made by the Government that all decisions of the Government concerning the remuneration of labour are prepared in consultation with the trade unions, that wage rates are fixed in agreement with the All-Union Central Council of Trade Unions and the central committees of the trade unions for each branch of industry, and that piece-work rates are determined and applied by agreement between the managements of undertakings and works committees elected by the trade unions. It considers that the extent to which such participation effectively ensures the participation of the trade unions in the determination of wages and conditions of employment and the extent to which the inclusion in such collective agreements of provisions relating to output is consistent with the fulfilment by the trade unions of their responsibility for protecting the interests of the workers depends on the degree of freedom enjoyed by the trade unions in other respects which it has examined in connection with other allegations. It considers that the documentation before it in the present case is, nevertheless, not sufficient to enable it to appreciate fully the role which the trade unions may play in the preparation and application of the wages policy at the different levels of the national economy, and, above all, does not enable it to appreciate what means of influencing this policy are available to trade unions. Allegation relating to Certain Trade Union Duties, Especially with Respect to Output, Claimed to Be Incompatible with the Objects of Trade Unions. 195. The complainant, citing as evidence various provisions of the Constitution and Rules of the Soviet Trade Unions, directives given by higher trade union organs and statements made by Soviet trade union leaders, alleges that the Soviet trade unions have as their tasks to strengthen the supervision exercised over the workers, to impose strict discipline on the workers, and in particular, to force the workers to make ever greater efforts. It is contended that these tasks being imposed upon the trade unions is further evidence of the fact that no free trade union movement exists in the U.S.S.R. 196. The complainant argues that the Constitution and Rules of the Soviet Trade Unions place in the foreground of trade union functions such questions as the organisation of emulation among the workers, 68 TRADE UNION RIGHTS IN THE U.S.S.R. the maximum increasing of productivity, the accomplishment and surpassing of state plans, the improvement of quality, reduction of manufacturing costs, etc. 197. It is alleged that Mr. N. M. Shvernik, former President of the All-Union Central Council of Trade Unions, declared at the 11th Congress of Soviet Trade Unions that the Soviet trade unions had been considerably active in mobilising the workers to battle for the accomplishment and exceeding of national economic plans and that, while the Communist Party had entrusted to the trade unions extremely important tasks in connection with the future development of the economy, the trade unions must improve their activity in the direction of the organisation of socialist competition to increase productivity. 198. The Government stated, among other things, in its reply of 3 November 1954, that, the exploitation of man by man having been eliminated in the Soviet Union, the position of the working class is radically changed : instead of being a downtrodden and exploited class it has become a leading and directing class. In such conditions, Soviet citizens do not work to enrich capitalists but for the advantages of society as a whole, in other words themselves. They know that the more production is increased the greater will be the income of the workers. It is for this reason that socialist emulation, which developed in the Soviet Union from the very first years of the Soviet régime, has now become transformed into a movement encompassing the whole people and whose objective is to increase output. This is the reason why the Soviet trade unions, which really represent the interests of the workers, take a vigorous part in organising socialist emulation and collaborate in perfecting the socialist structure of the country. 199. The Government adds that in Soviet undertakings productivity and the improvement in the quality of products has come not as a result of increased physical efforts on the part of the workers but through the rationalisation and perfection of production methods. 200. The Committee considers that the measures taken by the trade unions to promote production and productivity are an integral part of the trade union policy with respect to collective agreements and wages which was the subject of a detailed examination in paragraphs 166 to 194 above. 201. In these circumstances, the Committee considers this aspect of the complaint to be covered by the observations made in paragraphs 166 to 194 above.