Ukrainian union leader jailed for doing his job

Zhuhaievych was arrested as chairman of the supervisory board of PJSC Ukrproftur, a company the Federation of Trade Unions of Ukraine set up to manage trade union assets and delegated him to represent as shareholder. The charges stem from decisions the board took collectively, within its lawful powers, which he was obliged to sign.

This should be a property dispute before Ukraine's civil and commercial courts. Instead, it has become a criminal case against an individual trade union leader. A final judgment of the Supreme Arbitration Court of Ukraine confirmed the lawfulness of Ukrproftur's establishment. That judgment dates back to January 1997.

The ILO Committee on Freedom of Association has repeatedly found that detaining trade union leaders over their legitimate activities severely violates freedom of association. This applies under Conventions 87 and 98, both ratified by Ukraine. The case forms part of a long-running conflict over trade union property in Ukraine, parts of which have reached ILO supervisory bodies. It also comes as labour law developments in the country already concern unions there.

It also sits awkwardly alongside Ukraine's bid for EU membership. Judicial independence and the rule of law sit at the core of accession talks. A country cannot advance towards Europe while prosecuting trade union leaders for doing their job.

Together with industriAll Europe, IndustriALL Global Union has written to Ukraine's President, its prosecutor general, the ILO and the European Commission, calling for Yarema Zhuhaievych's release.

"The charges against him must be dropped, the property dispute must be settled in the civil courts where it belongs, and trade union rights must be respected. He is, in other words, being prosecuted for doing what his mandate and the law required of him. What concerns us is the use of criminal law, and of prolonged pre-trial detention, against a trade union leader for doing his job,"

said Judith Kirton-Darling, general secretary of industriAll European Trade Union, and Atle Høie, general secretary of IndustriALL Global Union.