Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Abolition of Forced Labour Convention, 1957 (No. 105) - Afghanistan (Ratification: 1963)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been referring to the following provisions of the Penal Code, under which prison sentences involving an obligation to perform labour may be imposed:

• -sections 184(3), 197(1)(a) and 240 concerning, among others, the publication and propagation of news, information, false or self-interested statements, biased or inciting propaganda concerning internal affairs of the country which reduces the prestige and standing of the State, or for the purpose of harming public interest and goods; and
• -section 221(1), (4) and (5) concerning a person who creates, establishes, organizes or administers an organization in the name of a party, society, union or group with the aim of disturbing and nullifying one of the basic and accepted national values in the political, social, economic or cultural spheres of the State, or engages in propaganda to promote or attract members to such organization, by whatever means, or who joins such an organization or develops contacts personally or through a third party with such an organization or one of its branches.

The Committee pointed out that the sanctions applied in the above cases fall within the scope of the Convention since they involve an obligation to work in prison and they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system. A similar situation arises when certain political views are prohibited, subject to penalties involving compulsory labour, as a consequence of the prohibition of political parties or associations. It recalled 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. Noting the Government’s indication that the matter would be reviewed, the Committee reiterated its hope that these penal provisions would be re-examined in light of the Convention, with a view to ensuring that no sanctions involving compulsory labour may be imposed as a punishment for holding or expressing political or ideological views.

The Committee notes the Government’s information in its report that the Penal Code is being revised and that all the provisions, including sections 184(3), 197(1) and 221(1), (4) and (5) of the Penal Code which are inconsistent with the international conventions have been nullified and are no longer in force. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the revision of the Penal Code will take into consideration the Committee’s comments thereby ensuring that no sanctions involving compulsory labour may be imposed as a punishment for holding or expressing political or ideological views. The Committee expresses the hope that the revised Penal Code will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.