The Specialised Inter-District Economic Court of the City of Shymkent has received a claim seeking a court order to suspend the activities of the Sectoral Fuel and Energy Workers’ Union. The claim was filed by the Akimat (the municipal authorities) of Shymkent following a representation of the Ministry of Justice of the Republic of Kazakhstan.
You will recall that following the enactment of the new Law on Trade Unions in 2014, the Confederation of Independent Trade Unions of Kazakhstan (KNPRK) and a number of its affiliates suffered compulsory dissolution. These acts of the Kazakh authorities were unanimously criticized by the international trade union community. The International Trade Union Confederation (ITUC) and national trade union centres, including the Confederation of Labour of Russia, stated that compulsory dissolution of trade union associations was inadmissible.
The Sectoral Fuel and Energy Workers’ Union turned out to be the only KNPRK affiliate which managed to win an official registration from the judicial authorities. Despite numerous obstacles and pressure, the Union succeeded in having its branches and local workplace unions registered in eight regions of Kazakhstan which formed rock-solid grounds for reconfirming the Union’s status as a national sector-wide association.
The Shymkent Akimat points out in its claim that the Union’s founding documents and structure have failed to include the changes required by the new legislation. In the opinion of officials, this is grounds enough for dissolving the Union. Commenting on the claim, the Shymkent Department of Justice, in its turn, states that “to date, the Sectoral Fuel and Energy Workers’ Union has failed to complete the state registration procedure in accordance with the requirements of the effective law”.
“The Ministry of Justice does not want to formally recognize the existing Union, alleging that we have failed to reconfirm our status and that our Union is not legitimate”, says Kuspan Kosshegulov, President of the Sectoral Fuel and Energy Workers’ Union.
Kuspan Kosshegulov was elected President of the Union at its Congress in 2019. Before him, the Union was led Erlan Baltabay, Chair of the local workers’ union of the oil refinery “Petro Kazakhstan Oil Products”. Erlan faced criminal prosecution for his activism and was sentenced to several years in prison but was released early.
Since the court order forbids Erlan to engage in trade union activities and hold decision-making positions in trade unions, the Union was headed by Kuspan, the union leader of oil workers in the Mangistau Region.
According to the newly elected President, notifications with attached copies of the minutes of the new Union leader’s election were repeatedly sent to the Ministry of Justice. Yet, the Ministry refuses to amend the Legal Entities Register accordingly. Now, on top of all else, the Ministry has decided to initiate the dissolution of the Sectoral Union.
“The Ministry of Justice continues to interfere in the Union’s internal matters”, maintains Kuspan Kosshegulov. “This is the true reason behind its refusal to record the changes in the Legal Entities Register which is contrary to all the norms of the effective Kazakh legislation. Initiating this litigation, the authorities violated both national and international norms regulating trade union activities”.
Kuspan Kosshegulov stressed that the actions of the Kazakh authorities clash with the provisions of the ILO Conventions Nos. 98 and 87, both ratified by Kazakhstan, that guarantee the freedom of trade union activities and non-interference of the State in trade union affairs. In particular, Convention No. 87 states that workers’ organizations shall not be dissolved or suspended by the authorities’ decision.
In 2020, the Kazakhstan authorities reported that the Law on Trade Unions was amended with the view of simplifying the registration procedure and expanding legal opportunities for trade union activity. However, these changes are purely cosmetic and formalistic and do not have even the least effect on the restrictive and repressive nature of the Kazakhstan legislation vis-à-vis the country’s workers and their organisations.
This initiative seeking a compulsory suspension of the activities of the Sectoral Fuel and Energy Workers’ Union, along with the earlier decisions concerning the compulsory dissolution of the KNPRK and a number of its affiliates that are still in effect, provide direct evidence of the lack of any progress both in the area of legislative regulation of trade union activities and in the established law enforcement practices in Kazakhstan.
