Information and Analytical Center of Nizhny Novgorod Society for Human Rights

SECTION 4

OBSERVANCE OF FUNDAMENTAL SOCIAL AND LABOUR RIGHTS

A) PROHIBITION FROM FORCED LABOUR

No cases of illegal mass or connected with violence forced labour are revealed in the region.

At the same time in some spheres of employment labour legal relations are unacceptable. It is shown that a hired worker is delivered in excessive dependence upon the employer and is limited in the ways of expression the protection of his labour rights and legal interests.

Organization and conditions of work at places of confinement evoke concern, in such places work in conditions of unemployment, growing in the country, has the character of slavish. It is connected with impossibility to choose work and the duty to discharge low-paid work. At places of confinement impracticable in conditions of a partial employment, norms of production continue to be applied. Such practice conducts to forfeiting earnings of the majority working convicted, traditional fraud with extra charge of percent of manufacture for "favorites". "It is good, if... 3 or 4 men from a brigade of 20 men produce the norm...",[1] - i.e. it turns out, that 3 - 4 men from a brigade "discharge" standard, and others remain with nothing.

B) RIGHT TO ADEQUATE LABOUR CONDITIONS AND WAGES

The level of ensuring social and labour rights is indicative for developing crisis. The non-disbursement of wages to the workers of budgetary sphere, pecuniary contentment to the employees of law enforcement bodies, and also children's and other social benefits funded from the regional and local budgets, became chronic. On October 1, 1998 the debts on wages in the region totaled 443,8 million Rubles, on children's grants they were 312,5 million Rubles, on social benefits they were 30,3 million Rubles. Thus, all social programs are not funded in a necessary degree. Administration and House of Assembly of the region undertaken measures on repayment debts to the workers of budgetary sphere.[2] These measures in conditions of financial crisis have not quite reached the purpose, but have allowed lowering a level of non-disbursements by the end of 1998.[3]

Prices grow, and there is a burning problem of low earnings in budgetary organizations. During 1998 the difference between a level of growth of wages and living wage kept to be increased. The wage in budgetary sphere "is connected" with minimal wages,[4] which were not reviewed during 1998, that resulted in mass violation of the right of the workers of budgetary sphere. The rate of growth of average wages in 1998 in relation to 1997 totaled 116,6% (in Russia it totaled 113,5%).[5]

According to the opinion of trade unions, the detention of disbursements and non-review of wage level should be considered as objective laws, which is connected not only with the objective causes of economic character, but is connected with "an incompetence in management of regional businesses, an incompetence of the workers of the administration".[6]

The scales of the problem allow considering these violations as mass. According to the data of State legal labor inspection of the Nizhniy Novgorod region, the violations are mostly distributed:

In connection with difficulties on executing a profitable part of the budgets of all levels the conditions with wages at enterprises of all patterns of ownership, in budgetary establishments and organizations during 1998 remained difficult. 28% of regional enterprises are in arrears on wages. And the most part of them was in arrears, connected with budgetary orders.

The detentions of disbursements became chronic at many enterprises, such as "Nizhegorodstroytermoizolyatsiya", Closed joint-stock Company "Stalmontage", Central Scientific Research Production Institute "Lesotechnicheskoy promishlennosty", Limited the Ability Company "Okskoye -AVTO", Joint-stock Company "Orgsteklo", Limited the Ability Company Promkomplekt-NN". Construction trust of Nizhniy Novgorod detains disbursement of wages for nine months, and Joint-stock Company "Zavolzhskiy factory of track-laying tractors" does for five months. General amount of enterprises, which are in arrears on wages, is 4315. From total sum of debts 65,9 % is totaled by debts with duration more than two months, and 22,8% of this sums are on budgets of all levels.[8]

Inability to provide normal wages leads to other violations of labour rights, such as:

The level of ensuring of acceptable working conditions remains unsatisfactory. According to the data of regional Committee on work, in 1998 125 cases of injuries with mortal result are fixed. The level of injuries corresponds to 1996, but has various tendencies in branches of facilities. If at an industry the level of injuries is kept, at agriculture it has grown more than twice.[9]

The important value for creation of acceptable working conditions has an employment contract. In practice in most cases demands in signing employment contracts are not fulfilled, as the demands in signing acquaintances with the order of employment are not fulfilled also.

In Closed joint-stock Company "Verhnevolgosantehmontage", Regional clinical hospital of N.A. Semashko, Joint-stock Company "Nizhgorodtransagenstvo" violations of labour rights at transferring of workers to other work were revealed: their consent was not received, the wage was not discussed etc. Sometimes reasons and basis were not pointed out (Joint-stock Company "NITEL", Municipal Housing Maintain Center N8 of Sarov). As a rule, the employers do not make the labour agreements in the sphere of retail trade that becomes a widespread reason of violations of the obligations.

The number of collective agreements, concluded at enterprises was sharply reduced lately which render positive influence on protection of labour rights. And in practice, for example, Nizhniy Novgorod construction trust, Closed joint-stock Company "Magazin "Kuznechihinskiy", Regional clinical hospital of N.A. Semashko labour agreements included standards contradicting to the current legislation and worsening the provision of workers.

C) RIGHT TO DEFEND LABOUR INTERESTS

The chiefs of enterprises frequently show complete contempt to the laws and citizens' rights. On the one hand, the institutes, stipulated by the legislation, on protection of labour rightist and legitimate interests of workers do not act. At many enterprises in collectives the commissions on labour disputes are not created. In connection with large congestion of courts it is necessary to wait for decisions on points of claim for a long time. On the other hand, violations of laws and citizens' rights are so obvious, that quarrels at law between workers and employers are solved, basically, for the benefit of workers.

The Possibility to realize the right to assert interests, as a rule, is not a problem for workers of large enterprises. However this problem is typical of private, commercial organizations. In structure of such enterprises there are not collective agreements, trade unions, and workers are hired according to employment contract, which, as a rule, protects interests of one side - employers. Fear to lose work and patch causes to reconcile with any demands and the absence of guarantees. So, for example, on the offer to enter a trade union[10] the workers of joint Russian German enterprise "Wella" answered with refusal in connection with good conditions of work.

The facts of defeating to creation of trade-union associations are not revealed in the region. But during a year there were cases of pressure on trade unions from the side of employers in the Nizhniy Novgorod, Soviet areas of Nizhniy Novgorod, in Shahunskiy area, in relation to the group of SOCPROF of Theatre of Opera and ballet of Pushkin.[11]

In October 1998 at the office of trade union SOCPROF the employees of the law order effected a search, during which the documents concerning the activity of trade union were withdrawn.

Trade-union committees and labour collectives, as a rule, are not interfering in conducting actions of protest or pickets, meetings, demonstrations. At joint-stock company: Korund" at conducting an action of the protest the administration disposed not to let meeting workers go out of the territory of the factory, giving reasons that it is their right to choose a safe place for conducting the action. According to the opinion of active workers, the workers could not come to the building of administration with their demands.[12]

D) RIGHT TO MINIMUM SOCIAL SUPPORT OF THE STATE

In 1998 the situation with ensuring of living minimum considerably worsened. "The Budget of living minimum for a year grew twice according to the growth of an index of prices", and the rate of growth of average incomes, so the level of living, lagged for 40%.[13] Average pension is below, than budget of a living wage. Each fifth inhabitant of the region is below the breadline.

The remedies for the help to the citizens having a low level of incomes, catastrophically are not enough, the departments of a social protection are filled of expecting for single help, but there are no remedies, and even the grants for unemployed persons are detain.

"The only way to change the system of social help and to fund not numerous privileges, but to repay social minimum. The social help should be addressed and connected first of all with a property status of the man, instead of his privileges. It is necessary to define regional living minimum and to make it priority and guaranteed in the part of expenses on feeding of duly receiving",[14] that is written down in the application of Human Rights Society of the Nizhniy Novgorod region from January 6, 1998.

The introduction on January 1, 1999 of the regional law "About minimal social standards in the Nizhniy Novgorod region and their financial ensurings", except standards concerning its financial ensuring, the introduction of Federal Act "About a living wage" was blocked, which defined and provided the state obligation on minimal social guarantees: feeding and housing.

The House of Assembly and municipal formations did not make the law on a consumer's basket. The law is invoked to provide extremely necessary conformity of pensions, wages and grants to a living wage. For example, the cost of a consumer's basket of an average inhabitant of Dzerzhinsk was 472 rubles in November 1998. At the same time an average pension totaled to 200 rubles.[15] During a year the tendency of lag of growth of average incomes of a living wage was defined. So, the growth of a living wage outstripped growth of average incomes for a third in the end of 1998 (see Application 1). "The number of population having the income lower of a living wage, in 1998 totaled to about 20% from an whole number of the population of the region, i.e. practically each fifth inhabitant of the region was below the breadline".[16]

The development of social crisis did not make the regional authorities undertake urgent measures on introduction social guarantees. All efforts were directed on realization of programs, which not connected among themselves and had a little effect (grants on housing, pensions, travel and cheap food sets etc.).

An initiative on distribution of cheap food sets especially had a little effect, which could not improve the situation. The privileges, which could improve livings of separate categories of the citizens, are not ensured. So, for categories of "exempts" the right to preferential and free-of-charge medicines, to grant of housing, services are not provided.

At the same time it is necessary to note, that due to extremely advanced apparatus of services of social protection it is partially possible to help the unprotected categories of the citizens. Besides that regional Houses of Assembly made a decision of introduction federal Act from November 24, 1995 N181-FZ "About social protection of invalids in Russian Federation" in action in the territory of the Nizhniy Novgorod region in complete volume of execution of privileges since May, 1998 by the Order N 325/363 on December 29, 1997.

E) RIGHT TO FREE-PAID GENERAL EDUCATION

There are no facts of defeating to receiving of general education from the side of state bodies in the Nizhniy Novgorod region.[17]

Urgent problem is an inaccessibility of education to homeless adolescents, and also adolescents living in unsuccessful families.

The parents of schoolboys quite often complain of excessive and unjustifiable pecuniary collecting for school needs.

The expansion of paid education reduces the possibility of equal competitive selection at entering higher educational institutions, and also receiving the second higher education.

F) RIGHT TO GUARANTEED MINIMAL HEALTH SERVICES

The petitions on refusals to granting urgent medical aid are not fixed. The claims of the citizens basically concern absence of the minimal set of necessary medicines and detentions with arrival of machines of "first aid".

In 1998 the situation with medicinal ensuring considerably worsened. The limitation of financing totaled to non-execution of privileges to free-paid and the ensuring for 50% of socially unprotected categories of the population by medicinal remedies.

In 1996 the regional law "About medicinal ensuring of preventive establishments and population in the Nizhniy Novgorod region" with the list of medicinal remedies, which can be taken according to free-paid and preferential recipes was made. But the list of Nizhniy Novgorod is less than federal one in number of positions, and in quality of the presented medicinal remedies.[18] Thus list prepared and affirmed by the department of public health services of the Nizhniy Novgorod region is possible to consider as restraining the right to minimal health services.

The prosecutor's office of the Nizhniy Novgorod region sent a presentation of changing the list to the department of public health services, which, however, was dismissed.[19]

The limitations of number and kinds of medicines, which are contained in the list of Nizhniy Novgorod, contradict federal acts in ensuring of social privileges.

The usual order of access to medical aid evokes a grievance of the citizens, especially of elderly age, at polyclinics the slip for doctor's reception can be issued only on day of reference. Persons who require help have to go for a permit early in the morning and have no possibilities to take advantage of preliminary ordering.

G) RIGHT ON ECOLOGICAL SAFETY

The Nizhniy Novgorod region is one of industrial regions of the country, and the problems connected to pollution of an environment by gaseous, liquid and firm drifts of execution and vital functions, with an exhaustion of natural resources and violation of usual natural balance are characteristic for the region.

Ecological conditions in the region were stabilized during last years and in some regions they have even improved. It is possible to explain it with partial or complete not working the most part of ecologically harmful enterprises.

The tendency of lowering of emissions into atmosphere is being kept. The total emission of fouling substances from stationary sources totaled 72,51 thousand tons. Vehicles give the greatest contribution to atmospheric fouling in Nizhniy Novgorod (60-65% of general total emission).[20]

Priority measures on improvement ecological conditions are:

There are the most difficult ecological conditions in Nizhniy Novgorod and Dzerzhinsk.

About 1000 names of chemical production are produced in Dzerzhinsk. According to the data of enterprises, at which taken into account produced substances are used as raw material or are produced as a commodity output, more than 200 chemical substances are being thrown out into atmosphere of the city, from which 40% of the substances are substances of the first and the second classes of danger, and 42% of substances have no class of danger.[22]

There are significant gaps in the system of atmospheric air control. According to the data of complex laboratory of monitoring of an environment at Rosgidromet, there are only 28 components under control. In this situation pollution density of air is being under control for 6% or 7% of the components from general bulk of fouling substances that does not give complete notion about the quality of atmospheric air and it results in distortion of results in comparison with a true status of atmospheric air.

According to careful practical and theoretical analysis of technological processes, which proceed in reactors of synthesis of this or that product, among components, which are being thrown out into atmosphere by enterprises, no intermediate and by-products of synthesis are shown.

The data about the presence of high-toxic dioxin in all environments (in air, snow, ground, foodstuff, in blood of the city inhabitants etc.) are the confirmation of last affirmation.

Level of pollution of atmospheric air in Dzerzhinsk in average is above maximum permissible (the fifth) category for settled places. Anthropogenous portion for one inhabitant during one year totaled 250 kg of harmful emissions (index of pollution - 9,75) is a parameter that superiors an average parameter for cities of the region twicely.

Rate of sickness of the population (including children) exceeds an average one in the region for 15% or 20%.[23]

According to ecological status the city should be included in the number of cities with an unsuccessful ecological situation.

The area of an industrial zone of Dzerzhinsk occupies more than a half of general area of the city, which is about 60 km.

Today, according to the opinion of the chief of committee on environmental protection of the city,[24] there are two especially important problems.

The first problem is the pollution of ground and water because of warehousing of dirts.

For example, the extent of a dump of dirts of chemical production on the southern side of the city is 8 kms at its large depth. Besides that illegal dumps make the control of ecological situation impossible and do not allow preventing an increased danger connected to specificity of uncontrollable territory.

The second problem is not working of enterprises, which are a source of pollution.

The non-working of such enterprises reduces pollution. So, in 1998 in Dzerzhinsk the emission of 30 thousand tons of gaseous substances was noted, that totaled one-third of emissions of 1997 and 25% of emissions of 1989.

At the same time because of inactivity of a chemical industry the experience of normal service of the equipment is being lost, the qualification of workers is being reduced, the rules of a safe storage of products are not respected, and also the allocation of the remedies on nature protection measures decreases.

Now, despite of vast deficiency of money resources, the measures on protection of the nature are conducted. The chiefs of different ranks have an understanding of necessity of an investment of remedies in improvement of ecological conditions.

At the same time penal actions made by ecological legislation, do not allow efficiently to bear on the situation and to stop ecological violations, to prevent illegal dumps, for example.

Ensuring of property rights

The property right is guaranteed by the legislation, but it is not provided by judicial protection in an adequate way. It is connected with traditional bias of power structures, including law enforcement bodies on the one hand, with legislative gaps on the other hand.

The authorities let unjustifiable interposition in the property relations of the citizens and organizations. At court during considerations of housing disputes between citizens and organizations illegal decisions are frequently made, in which the social obligations of the state on ensuring citizens with housing are shifted on private persons, commercial enterprises and organizations.

In practice of law enforcement bodies, especially in the sphere of struggle with economic crimes, unjustifiable interpositions in activity of private and other commercial organizations are supposed which paralyses their work and result in bankruptcy.

The questions of the restitution and right to ground are not arranged normatively.

According to the federal Act "About rehabilitation of victims of political reprisals" the return of the asset, illegally withdrawn during political reprisals, is delivered depending on needing in ensuring housing conditions. The absence of financing of expenses on return of housing from regional and local budgets resulted in that fact that from six houses subjected to return in 1998, no one any was handed to legal holders.[25]

The limitations in realization of citizens' right to ground most frequently are connected with crossing interests of municipal bodies and commercial organizations. In Nizhni Novgorod there is a problem of refusal in registration (re-registration) of the property right to ground finding in a private sector. More often it is connected with plans of construction on the place of private possession.

So, legal owners of individual houseownerships: Mr. E.A. Zhizhkin, Mrs. S.A. Dombrovskaya, Mr. A.M. Leskov, Mr. A.S. Dombrovskiy., receiving a uniform certificate on registration of property right to object of the real estate, found the renaming of individual houseownership into an apartment house (living premise) with change of cadastral number. With receiving of such certificate a part of real property of houseownerships (garden structures, structures, long-term berry plantings and the land, on which they are) according to the will of the registrar of State Department of Justice is handed to municipal property without the consent of the owner (against his will), whereas Item 236 of State Code of Russian Federation requires a written disclaimer of the property from the owner.

The problem of binding of ground to property was considered by the Human Rights Commission of administration of the Nizhniy Novgorod region on application of an inhabitant of a settlement Chernorechenskiye (Pirskiye) Dvoriki Mrs. V.L. Tarankova on excessive difficulties with confession of her rights to ground. The commission is determined, that it is necessary for Committees on land resources to use basic principles of fair judicial proceedings for the admittance of citizens' petitions taking in account legislative demands and guarantees.[26]

Illegal limitations of free removing of goods within the limits of Russian Federation are a violation of property right. So, in 1998 the department of foreign trade activities of administration of the Nizhniy Novgorod region misused with practice of sanitary veterinary supervision, not giving visas for export from the region of products of feed.[27]

NOTES

  1. S.M.Shimovolos. The report of checking the petitions of convicted persons, which complete their criminal terms in UZ-62/8.
  2. In particular, on October 15, 1998 House of Assembly of the region made an order N188 "About repayment of debts on wages to the workers of budgetary sphere, on pecuniary contentment to the workers of law enforcement bodies and on disbursement children's and others of the social grants"
  3. The paper "Dzerzhinets", 22.01.1999, N53.
  4. It is established by the Federal Act, which was defined for the last time in March 1997 at a rate of 83,49 Rubles.
  5. The information about level of living of the population of regions of Russia for 1998. Committee on work of the Department on work and social protection of the population.
  6. The interview of the Chairman of Inter-regional Confederation of Trade Unions Mr. A.N. Turin.
  7. The information about activity of State legal labour inspection on the Nizhniy Novgorod region on supervision and control of observance labour rights of citizens on December 1, 1998.
  8. The report on work of State legal labor inspection on the Nizhniy Novgorod region for the second quarter of 1998.
  9. The data of industrial injuries with mortal results of Regional Committee on work.
  10. Trade union of workers of a chemical industry of Dzerzhinsk.
  11. The data of Regional Trade Union Council, association of SOCPROF.
  12. The information of the representative of regional Committee of trade unions Mr. V.A. Buzunov.
  13. Committee on work. Materials on the monitoring of the level of citizens' living, February 4, 1999. N03-06-15/62.
  14. An application of Human Rights Society of the Nizhniy Novgorod region "There is no right to social minimum in the Nizhniy Novgorod region", January 6, 1998.
  15. The data of Inter-regional association of trade Unions.
  16. Committee on work of the Department on work and social protection of the administration of the Nizhniy Novgorod region. The letter N03-03-12.46 on 29.01.1999.
  17. Department on education and science, the data from 28.02.1999 N01-21/287.
  18. The order of the Ministry of Health of Russian Federation "About perfecting of medicinal ensuring of the population of Russian Federation" from January 23, 1998 N17 determined "List of vitally necessary and important medicinal remedies". The list is recommended as the base to subjects of the Federation in assortment not less than affirmed one by this document.
  19. The presentation of prosecutor's office from 05.10.98, N907-98 "About necessity of reduction of the list of medical remedies and products of medical purpose, which are sold on free-paid prescriptions according to the Order of the Ministry of Health of RF N17, 23.01.98."
  20. The letter of State Committee on environmental protection of Nizhniy Novgorod N271/10 17.02.1999.
  21. The information of the State Committee on environmental protection of the Nizhniy Novgorod region, Nizhniy Novgorod, 1998.
  22. The information of Dzerzhinskiy Committee on environmental protection.
  23. The materials of a newspaper "Dzerzhinets" N168 October 30, 1998 and N178 November 18, 1998.
  24. The manager of Committee of Dzerzhinsk Mr. V.M. Prozorov.
  25. The report of Commission on recovering the rights of rehabilitated victims of political reprisals for 1998.
  26. The conclusion Human Rights Commission N5, 1997.
  27. The newspaper "Nizhegorodskiye Novosty" February 10, 1999. "At two sides of a grocery barrier".

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