Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Abolition of Forced Labour Convention, 1957 (No. 105) - Tajikistan (Ratification: 1999)

The Committee has noted with interest the information provided by the Government in its first and second reports on the application of the Convention.

Communication of texts. The Committee requests the Government to supply copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; laws governing assemblies, meetings and demonstrations.

Article 1, subparagraph a, of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. 1. The Committee notes that the Criminal Code provides for sanctions of imprisonment (which involves compulsory prison labour by virtue of section 107(1) of the Code on the Execution of Criminal Sentences) for the “inciting national, racial or religious hatred” made publicly or through mass media (section 189). The Committee also notes that under section 160 of the Criminal Code, organizers of public meetings, assemblies, rallies, demonstrations and picketing conducted in violation of the established procedure are punishable with sanctions of imprisonment (which involves compulsory prison labour as explained above).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraph 154 of its 2007 General Survey on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. The freedom of expression of political or ideological views may be equally restricted by way of prohibition of various kinds of meetings or assemblies, which is also contrary to the Convention, if such prohibition is enforced by sanctions involving compulsory labour.

The Committee therefore requests the Government to provide, in its next report, information on the application of the abovementioned sections 160 and 189 in practice, including copies of any court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

2. The Committee notes that under sections 307-1, 307-2 and 308 of the Criminal Code relating to the “extremist activities”, the following acts are punishable with sanctions of imprisonment (which involves compulsory prison labour): public appeal to performing extremist activities (including through mass media or the internet), establishment of an extremist group or organization and participation in such a group or organization or a political party prohibited by a court decision.

Referring to the explanations in point 1 above, the Committee requests the Government to provide, in its next report, information on the application of the above-mentioned sections in practice, including copies of any court decisions defining or illustrating their scope, and clarifying in particular the notion of “extremist activities”, so as to enable the Committee to ascertain their conformity with the Convention.

Article 1, subparagraph c. Penal sanctions applicable to public officials. The Committee notes that, under section 322(1) of the Criminal Code (“Negligence”), the non-performance or improper performance by a public official of his/her duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by compulsory community works or correctional labour.

The Committee requests the Government to provide, in its next report, information on the court decisions passed under section 322(1) of the Criminal Code, which could define or illustrate its scope, including sample copies of such decisions, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

Article 1, subparagraph d. Sanctions for participating in strikes. The Committee refers to its comments made under Article 1(a) of the present direct request, in which it has noted that under section 160 of the Criminal Code, organizers of public meetings, assemblies, rallies, demonstrations and picketing conducted in violation of the established procedure are punishable with sanctions of imprisonment (which involves compulsory prison labour).

Referring also to its comments made under Convention No. 87, likewise ratified by Tajikistan, the Committee requests the Government to indicate whether section 160 of the Criminal Code is applicable to participants in unlawful strikes and to supply information on its application in practice, including copies of any relevant court decisions.