Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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. The Committee previously referred 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. The Committee noted the Government’s indication that the Penal Code was being revised and that all the provisions, including sections 184(3), 197(1) and 221(1), (4) and (5) of the Penal Code had been nullified by Legislative Decree No. 66 of 5 January 2002, which abolishes all decrees and legal documents issued and enacted before 20 December 2001 that are inconsistent with the 1964 Constitution and the 2001 Bonn Agreement.

The Committee notes the Government’s information in its report that the Penal Code is being revised. The revision committee has submitted the first draft of its recommendations and revisions to the Ministry of Justice. However, the draft has not been released yet. The Government states that a letter requesting clarification on concerned sections of the Penal Code has been sent to the Supreme Court and the Ministry of Justice and that the technical working group at the Ministry of Labour, Social Affairs, Martyrs and Disabled will inform the Committee of any progress in this regard once an official response is received. The Committee therefore requests the Government to continue taking 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 views or views opposed to the established system, and that the revised Penal Code will be adopted in the near future. It also requests the Government to continue providing information on any progress made in this regard and to provide a copy of Decree No. 66 of 5 January 2002.