Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Article 1(c)of the Convention. Penal sanctions applicable to public officials. The Committee notes the Government’s indication in its report that under section 332 “Negligence” of the Criminal Code, 22 cases were considered in 2019, 10 in 2020, 29 in 2021, and 20 in 2022. The Committee also takes note of the examples of the court decisions handed down under section 332(2) of the Criminal Code provided by the Government. The Government points out that section 322 of the Criminal Code is not applied as a means of labour discipline and aims to punish public officials whose negligence has entailed a substantial violation of the rights and legitimate interests of citizens or organizations, or the legally protected interests of society or the State. The Committee requests the Government to continue to provide information on the number of prosecutions, convictions and the penalties applied under section 322(1) of the Criminal Code, including copies of any court decisions.

Article 1(d). Sanctions for participating in strikes. The Committee notes the Government’s indication that section 160 “Violation of the procedure for organising and holding meetings, rallies, demonstrations, picketing and street processions” of the Criminal Code has never been used to prosecute trade union members for carrying out legitimate trade union activities. The Government further indicates that participants in peaceful strikes are not criminally liable. The Committee requests the Government to provide information on the number of prosecutions, convictions and the penalties applied under section 160 of the Criminal Code, including copies of any court decisions.