APPEAL TO THE STATE AUTHORITIES of 10/22/2018

Supreme Court

Republic of Kazakhstan

General Prosecutor’s Office

Republic of Kazakhstan

Ministry of Justice

Republic of Kazakhstan

 

Building a truly democratic and legal state is unthinkable without the formation of a civil society with its strong public institutions (trade unions, political parties and other organizations). In world practice, it is public associations that are an important tool for interaction between society and the state, an indicator of the legitimacy of state power.

The creation of trade unions is carried out on the basis of the realization of the constitutional right of citizens to freedom of association.

The Federation of Trade Unions of the Republic of Kazakhstan (hereinafter – FPRK) represents the interests of a large number of trade union organizations throughout the country and brings together more than 2 million ordinary members.

In its activities FTURK assists in ensuring legal guarantees to trade unions at the republican level, works to strengthen the role of the trade union movement in Kazakhstan, and increase the number of trade unions and their members in the country.

Understanding the significance of their role and mission in the social and labor sphere, FTURK perceives with great concern various negative situations arising in connection with individual trade unions, trade union leaders.

The FTURK, as well as at the same time other public and international institutions, received a written appeal from trade union figures O. Rubakhova and Z. Abishev.

The letter describes the controversial situation related to the claim filed by the PA “Local Professional Union of Emergency Medical Aid Workers” for the recovery and return of the amount of contributions to an individual Larisa Kharkova.

In their address, trade unionists are asked to show solidarity, to assist and jointly cancel sentences against Kharkova, Yeleusinov, Kushakpayev, to stop prosecution, rehabilitate and restore their rights and freedoms.

Unfortunately, these facts have become the subject of close attention of international organizations, of which Kazakhstan is a member. Extensive discussions, followed by the recommendations and tough conditions of the ILO, the ITUC not in the best way affect the international image of our country.

FTURK always supports a constructive dialogue with all government bodies, employers, public organizations on the protection of the rights and interests of the working person, trade union organizations, as well as providing social guarantees and promoting the principles of decent work.

Taking into account the current situation, the FTURK calls on all state bodies and public institutions to strictly observe constitutional legality, rights, freedoms and legitimate interests of trade union organizations, union members, and prevent unlawful discriminatory measures against trade union leaders. In the context of the aforementioned, it is very important to urgently organize the legal training of judges, prosecutors, employees of the judiciary on the basics and specifics of trade union legislation with the obligatory participation of international experts. FTURK is ready to provide the necessary assistance in this matter.

Freedom of association of citizens, enshrined in the Basic Law of the country, should have a real embodiment and content, cases of its restrictions should be justified in accordance with the constitutional legislation and the international obligations assumed by the Republic of Kazakhstan.