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

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern 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.

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

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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.

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret 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

Communication of texts. The Committee again requests the Government to provide a copy of the Law on the Execution of Prison Sentences, as amended, as well as a copy of the legislation in force governing the right to strike. Please also provide a copy of the Prisons Law of 2005, as well as a copy of the 2004 Law related to the freedom of media, to which the Government referred as attached to the report, but which have not been received in the ILO.

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. In order to ascertain their compatibility with the requirements of the Convention, the Committee requests the Government once again to supply information on the application in practice of the following provisions of the Penal Code, including the number of convictions and copies of the relevant court decisions:

• – articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners; and
• – article 229 concerning secret societies.

Noting the Government’s indication in the report that a database relating to penal convictions is in the process of being established, the Committee hopes that the Government will soon be in a position to provide the information requested.

Article 1(b). Compulsory labour for economic purposes. The Committee again requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Students’ Work Brigade is still in force, and if it has been repealed, to supply a copy of the repealing text.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat 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. 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, referring to paragraphs 154 and 163 of its 2007 General Survey, Eradication of forced labour, 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. Sanctions, however, involving compulsory labour fall within the scope of the Convention when 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. While noting the Government’s indication that the matter will be reviewed, the Committee reiterates its hope that these penal provisions will be re-examined in light of the Convention, with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a punishment for holding or expressing political or ideological views and that the Government will indicate, in its next report, the measures taken or envisaged to this end.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Communication of texts. The Committee again requests the Government to provide a copy of the Law on the Execution of Prison Sentences, as amended, as well as a copy of the legislation in force governing the right to strike. Please also provide a copy of the Prisons Law of 2005, as well as a copy of the 2004 Law related to the freedom of media, to which the Government referred as attached to the report, but which have not been received in the ILO.

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. In order to ascertain their compatibility with the requirements of the Convention, the Committee requests the Government once again to supply information on the application in practice of the following provisions of the Penal Code, including the number of convictions and copies of the relevant court decisions:

• – articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners; and
• – article 229 concerning secret societies.

Noting the Government’s indication in the report that a database relating to penal convictions is in the process of being established, the Committee hopes that the Government will soon be in a position to provide the information requested.

Article 1(b). Compulsory labour for economic purposes. The Committee again requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Students’ Work Brigade is still in force, and if it has been repealed, to supply a copy of the repealing text.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat 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. 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, referring to paragraphs 154 and 163 of its 2007 General Survey on the eradication of forced labour, 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. Sanctions, however, involving compulsory labour fall within the scope of the Convention when 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.

While noting the Government’s indication that the matter will be reviewed, the Committee reiterates its hope that these penal provisions will be re-examined in light of the Convention, with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a punishment for holding or expressing political or ideological views and that the Government will indicate, in its next report, the measures taken or envisaged to this end.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Communication of texts. The Committee again requests the Government to provide a copy of the Law on the Execution of Prison Sentences, as amended, as well as a copy of the legislation in force governing the right to strike. Please also provide a copy of the Prisons Law of 2005, as well as a copy of the 2004 Law related to the freedom of media, to which the Government referred as attached to the report, but which have not been received in the ILO.

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. In order to ascertain their compatibility with the requirements of the Convention, the Committee requests the Government once again to supply information on the application in practice of the following provisions of the Penal Code, including the number of convictions and copies of the relevant court decisions:

–           articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners; and

–           article 229 concerning secret societies.

Noting the Government’s indication in the report that a database relating to penal convictions is in the process of being established, the Committee hopes that the Government will soon be in a position to provide the information requested.

Article 1(b). Compulsory labour for economic purposes. The Committee again requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Students’ Work Brigade is still in force, and if it has been repealed, to supply a copy of the repealing text.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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, referring to paragraphs 154 and 163 of its 2007 General Survey on the eradication of forced labour, 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. Sanctions, however, involving compulsory labour fall within the scope of the Convention when 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.

The Committee reiterates its hopes that these penal provisions will be re-examined in the light of the Convention with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a punishment for holding or expressing political or ideological views and that the Government will indicate, in its next report, the measures taken or envisaged to this end.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Communication of texts. The Committee again requests the Government to provide a copy of the Law on the Execution of Prison Sentences, as amended, as well as copies of the legislative provisions currently in force governing the right of association and the right to strike.

Article 1, subparagraph (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. In order to ascertain their compatibility with the requirements of the Convention, the Committee once again requests the Government to supply information on the application in practice of the following provisions of the Penal Code, including the number of convictions and copies of the relevant court decisions:

(a)   articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners;

(b)    article 229 concerning secret societies.

Article 1, subparagraph (b). Compulsory labour for economic purposes. The Committee requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Student Work Brigade is still in force and if so, to supply information on any measures taken to ensure the purely voluntary nature of participation in the brigades.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

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. In its earlier comments, the Committee referred to the following provisions of the Penal Code, under which prison sentences involving an obligation to perform labour may be imposed:

(a)    sections 184(3), 197(1)(a) and 240 concerning, inter alia, 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;

(b)    section 221(1), (4) and (5) concerning a person who creates, establishes, organizes or administers an organization under 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 makes propaganda for its extension or attraction to it, by whatever means it may be, or who joins such an organization or establishes relations, himself or through someone else with such an organization or one of its branches.

While having noted the Government’s earlier indication concerning the special status given to prisoners convicted under the abovementioned sections of the Penal Code, the Committee pointed out that the imposition of sanctions involving compulsory labour on these persons remains contrary to the Convention, which prohibits the use of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee also refers in this connection to paragraphs 154 and 163 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. A similar situation arises where certain political views are prohibited, subject to penalties involving compulsory labour, as a consequence of the prohibition of political parties or associations.

The Committee has noted the Government’s intention to prepare and supply to the ILO a separate report related to the penal law provisions, as well as the Government’s indications concerning the adoption of the new Prisons Law of 2005, which replaced the previous law of 1982, and the adoption in 2004 of the law related to the freedom of media. The Committee asks the Government to communicate copies of these laws with its next report and hopes that the abovementioned penal provisions will be re-examined in the light of the Convention with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a punishment for holding or expressing political or ideological views and that the Government will indicate the measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Communication of texts. The Committee again requests the Government to provide a copy of the Law on the Execution of Prison Sentences, as amended, as well as copies of the legislative provisions currently in force governing the right of association and the right to strike.

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. In order to ascertain their compatibility with the requirements of the Convention, the Committee once again requests the Government to supply information on the application in practice of the following provisions of the Penal Code, including the number of convictions and copies of the relevant court decisions:

(a)   articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners;

(b)   article 229 concerning secret societies.

Article 1(b). Compulsory labour for economic purposes. The Committee requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Student Work Brigade is still in force and if so, to supply information on any measures taken to ensure the purely voluntary nature of participation in the brigades.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee has noted the Government’s report, as well as the comments on the application of the Convention made by the All Afghanistan Federation of Trade Unions (AAFTU), received with the report.

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. In its earlier comments, the Committee referred to the following provisions of the Penal Code, under which prison sentences involving an obligation to perform labour may be imposed:

(a)   sections 184(3), 197(1)(a) and 240 concerning, inter alia, 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;

(b)   section 221(1), (4) and (5) concerning a person who creates, establishes, organizes or administers an organization under 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 makes propaganda for its extension or attraction to it, by whatever means it may be, or who joins such an organization or establishes relations, himself or through someone else with such an organization or one of its branches.

While having noted the Government’s earlier indication concerning the special status given to prisoners convicted under the abovementioned sections of the Penal Code, the Committee pointed out that the imposition of sanctions involving compulsory labour on these persons remains contrary to the Convention, which prohibits the use of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee also refers in this connection to paragraphs 154 and 163 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. A similar situation arises where certain political views are prohibited, subject to penalties involving compulsory labour, as a consequence of the prohibition of political parties or associations.

The Committee has noted the Government’s intention to prepare and supply to the ILO a separate report related to the penal law provisions, as well as the Government’s indications concerning the adoption of the new Prisons Law of 2005, which replaced the previous law of 1982, and the adoption in 2004 of the law related to the freedom of media. The Committee asks the Government to communicate copies of these laws with its next report and hopes that the abovementioned penal provisions will be re-examined in the light of the Convention with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a punishment for holding or expressing political or ideological views and that the Government will indicate the measures taken to this end.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee previously requested the Government to supply a copy of the Law on the Execution of Prison Sentences, promulgated in September 1982. The Committee noted the Government’s indication in its report received in June 1990 that proposals to amend the provisions on the Execution of Prison Sentences had been adopted and that a new law was in force. The Committee again requests the Government to provide a copy of this law.

2. Article 1(a) of the Convention. In its previous comments, the Committee noted that under article 29(7) of the Basic Principles of the Democratic Republic of Afghanistan, democratic rights and freedoms guaranteed to citizens include the right to freedom of speech and thought, the right of holding assemblies and peaceful demonstrations and also the right of patriotic unity in social democratic and progressive organizations, and that the practice of these rights in a form which will not disrupt peace and security in the country, will be regulated by law. The Committee noted the Government’s statement that the law framed under these guiding principles is the Penal Code, and that no one is permitted to misuse democratic rights and freedoms so as to harm the collective interest of the society and the country. In order to ascertain their compatibility with the requirements of the Convention, the Committee once more requests the Government to supply information on the practical application of the following provisions of the Penal Code including the number of convictions and copies of court decisions made thereunder:

(a)  articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners;

(b)  article 229 concerning secret societies; in this connection, the Committee hopes that copies of the laws governing the right of association will also be forwarded.

3. Article 1(b). The Committee requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Student Work Brigade is still in force and if so, to supply information on any measures taken to ensure the purely voluntary nature of participation in the brigades.

4. Article 1(d). The Committee requests the Government to supply copies of the legislative provisions currently in force governing the right to strike.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. In comments made for a number of years, the Committee has noted that prison sentences involving an obligation to perform labour may be imposed under the following provisions of the Penal Code:

(a) sections 184(3), 197(1)(a) and 240 concerning, inter alia, 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;

(b) sections 221(1), (4) and (5) concerning a person who creates, establishes, organizes or administers an organization under 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 makes propaganda for its extension or attraction to it, by whatever means it may be, or who joins such an organization or establishes relations, himself or through someone else with such an organization or one of its branches.

The Committee had noted the Government’s earlier indication that the obligation to perform prison labour provided for under section 3 of the Prisons Law covers persons convicted under the abovementioned sections of the Penal Code as well as those convicted of other misdemeanours and crimes; under section 13 of the Prisons Law, those convicted under the abovementioned sections of the Penal Code are kept in custody separately from ordinary prisoners, and are also engaged in different activities to keep themselves physically healthy and to provide themselves with gainful employment for which they are fully paid.

While noting the special status given to prisoners convicted under the abovementioned sections of the Penal Code, the Committee pointed out that the imposition of sanctions involving compulsory labour on these persons remains contrary to the Convention.

The Committee hopes that the penal provisions will be examined in the light of the Convention with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system and that the Government will indicate the measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee previously requested the Government to supply a copy of the Law on the Execution of Prison Sentences, promulgated in September 1982. The Committee noted the Government’s indication in its report received in June 1990 that proposals to amend the provisions on the Execution of Prison Sentences had been adopted and that a new law was in force. The Committee again requests the Government to provide a copy of this law.

2. Article 1(a) of the Convention. In its previous comments, the Committee noted that under article 29(7) of the Basic Principles of the Democratic Republic of Afghanistan, democratic rights and freedoms guaranteed to citizens include the right to freedom of speech and thought, the right of holding assemblies and peaceful demonstrations and also the right of patriotic unity in social democratic and progressive organizations, and that the practice of these rights in a form which will not disrupt peace and security in the country, will be regulated by law. The Committee noted the Government’s statement that the law framed under these guiding principles is the Penal Code, and that no one is permitted to misuse democratic rights and freedoms so as to harm the collective interest of the society and the country. In order to ascertain their compatibility with the requirements of the Convention, the Committee once more requests the Government to supply information on the practical application of the following provisions of the Penal Code including the number of convictions and copies of court decisions made thereunder:

(a)  articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners;

(b)  article 229 concerning secret societies; in this connection, the Committee hopes that copies of the laws governing the right of association will also be forwarded.

3. Article 1(b). The Committee requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Student Work Brigade is still in force and if so, to supply information on any measures taken to ensure the purely voluntary nature of participation in the brigades.

4. Article 1(d). The Committee requests the Government to supply copies of the legislative provisions currently in force governing the right to strike.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. In comments made for a number of years, the Committee has noted that prison sentences involving an obligation to perform labour may be imposed under the following provisions of the Penal Code:

(a)  sections 184(3), 197(1)(a) and 240 concerning, inter alia, 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;

(b)  sections 221(1), (4) and (5) concerning a person who creates, establishes, organizes or administers an organization under 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 makes propaganda for its extension or attraction to it, by whatever means it may be, or who joins such an organization or establishes relations, himself or through someone else with such an organization or one of its branches.

The Committee had noted the Government’s earlier indication that the obligation to perform prison labour provided for under section 3 of the Prisons Law covers persons convicted under the abovementioned sections of the Penal Code as well as those convicted of other misdemeanours and crimes; under section 13 of the Prisons Law, those convicted under the abovementioned sections of the Penal Code are kept in custody separately from ordinary prisoners, and are also engaged in different activities to keep themselves physically healthy and to provide themselves with gainful employment for which they are fully paid.

While noting the special status given to prisoners convicted under the abovementioned sections of the Penal Code, the Committee pointed out that the imposition of sanctions involving compulsory labour on these persons remains contrary to the Convention.

The Committee hopes that the penal provisions will be examined in the light of the Convention with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system and that the Government will indicate the measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that no report has been received from the Government for the sixth year in succession. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee previously requested the Government to supply a copy of the Law on the Execution of Prison Sentences, promulgated in September 1982. The Committee noted the Government’s indication in its report received in June 1990 that proposals to amend the provisions on the Execution of Prison Sentences had been adopted and that a new law was in force. The Committee again requests the Government to provide a copy of this law.

2. Article 1(a) of the Convention. In its previous comments, the Committee noted that under article 29(7) of the Basic Principles of the Democratic Republic of Afghanistan, democratic rights and freedoms guaranteed to citizens include the right to freedom of speech and thought, the right of holding assemblies and peaceful demonstrations and also the right of patriotic unity in social democratic and progressive organizations, and that the practice of these rights in a form which will not disrupt peace and security in the country, will be regulated by law. The Committee noted the Government’s statement that the law framed under these guiding principles is the Penal Code, and that no one is permitted to misuse democratic rights and freedoms so as to harm the collective interest of the society and the country. In order to ascertain their compatibility with the requirements of the Convention, the Committee once more requests the Government to supply information on the practical application of the following provisions of the Penal Code including the number of convictions and copies of court decisions made thereunder:

(a)  articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners;

(b)  article 229 concerning secret societies; in this connection, the Committee hopes that copies of the laws governing the right of association will also be forwarded.

3. Article 1(b). The Committee requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Student Work Brigade is still in force and if so, to supply information on any measures taken to ensure the purely voluntary nature of participation in the brigades.

4. Article 1(d). The Committee requests the Government to supply copies of the legislative provisions currently in force governing the right to strike.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that no report has been received from the Government for the sixth year in succession. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. In comments made for a number of years, the Committee has noted that prison sentences involving an obligation to perform labour may be imposed under the following provisions of the Penal Code:

(a)  sections 184(3), 197(1)(a) and 240 concerning, inter alia, 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;

(b)  sections 221(1), (4) and (5) concerning a person who creates, establishes, organizes or administers an organization under 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 makes propaganda for its extension or attraction to it, by whatever means it may be, or who joins such an organization or establishes relations, himself or through someone else with such an organization or one of its branches.

The Committee had noted the Government’s earlier indication that the obligation to perform prison labour provided for under section 3 of the Prisons Law covers persons convicted under the abovementioned sections of the Penal Code as well as those convicted of other misdemeanours and crimes; under section 13 of the Prisons Law, those convicted under the abovementioned sections of the Penal Code are kept in custody separately from ordinary prisoners, and are also engaged in different activities to keep themselves physically healthy and to provide themselves with gainful employment for which they are fully paid.

While noting the special status given to prisoners convicted under the abovementioned sections of the Penal Code, the Committee pointed out that the imposition of sanctions involving compulsory labour on these persons remains contrary to the Convention.

The Committee hopes that the penal provisions will be examined in the light of the Convention with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system and that the Government will indicate the measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee previously requested the Government to supply a copy of the Law on the Execution of Prison Sentences, promulgated in September 1982. The Committee noted the Government’s indication in its report received in June 1990 that proposals to amend the provisions on the Execution of Prison Sentences had been adopted and that a new law was in force. The Committee again requests the Government to provide a copy of this law.

2. Article 1(a) of the Convention. In its previous comments, the Committee noted that under article 29(7) of the Basic Principles of the Democratic Republic of Afghanistan, democratic rights and freedoms guaranteed to citizens include the right to freedom of speech and thought, the right of holding assemblies and peaceful demonstrations and also the right of patriotic unity in social democratic and progressive organizations, and that the practice of these rights in a form which will not disrupt peace and security in the country, will be regulated by law. The Committee noted the Government’s statement that the law framed under these guiding principles is the Penal Code, and that no one is permitted to misuse democratic rights and freedoms so as to harm the collective interest of the society and the country. In order to ascertain their compatibility with the requirements of the Convention, the Committee once more requests the Government to supply information on the practical application of the following provisions of the Penal Code including the number of convictions and copies of court decisions made thereunder:

(a)  articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners;

(b)  article 229 concerning secret societies; in this connection, the Committee hopes that copies of the laws governing the right of association will also be forwarded.

3. Article 1(b). The Committee requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Student Work Brigade is still in force and if so, to supply information on any measures taken to ensure the purely voluntary nature of participation in the brigades.

4. Article 1(d). The Committee requests the Government to supply copies of the legislative provisions currently in force governing the right to strike.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. In comments made for a number of years, the Committee has noted that prison sentences involving an obligation to perform labour may be imposed under the following provisions of the Penal Code:

(a)  sections 184(3), 197(1)(a) and 240 concerning, inter alia, 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;

(b)  sections 221(1), (4) and (5) concerning a person who creates, establishes, organizes or administers an organization under 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 makes propaganda for its extension or attraction to it, by whatever means it may be, or who joins such an organization or establishes relations, himself or through someone else with such an organization or one of its branches.

The Committee had noted the Government’s earlier indication that the obligation to perform prison labour provided for under section 3 of the Prisons Law covers persons convicted under the abovementioned sections of the Penal Code as well as those convicted of other misdemeanours and crimes; under section 13 of the Prisons Law, those convicted under the abovementioned sections of the Penal Code are kept in custody separately from ordinary prisoners, and are also engaged in different activities to keep themselves physically healthy and to provide themselves with gainful employment for which they are fully paid.

While noting the special status given to prisoners convicted under the abovementioned sections of the Penal Code, the Committee pointed out that the imposition of sanctions involving compulsory labour on these persons remains contrary to the Convention.

The Committee hopes that the penal provisions will be examined in the light of the Convention with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system and that the Government will indicate the measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1.The Committee previously requested the Government to supply a copy of the Law on the Execution of Prison Sentences, promulgated in September 1982. The Committee noted the Government’s indication in its report received in June 1990 that proposals to amend the provisions on the Execution of Prison Sentences had been adopted and that a new law was in force. The Committee again requests the Government to provide a copy of this law.

2.Article 1(a) of the Convention.  In its previous comments, the Committee noted that under article 29(7) of the Basic Principles of the Democratic Republic of Afghanistan, democratic rights and freedoms guaranteed to citizens include the right to freedom of speech and thought, the right of holding assemblies and peaceful demonstrations and also the right of patriotic unity in social democratic and progressive organizations, and that the practice of these rights in a form which will not disrupt peace and security in the country, will be regulated by law. The Committee noted the Government’s statement that the law framed under these guiding principles is the Penal Code, and that no one is permitted to misuse democratic rights and freedoms so as to harm the collective interest of the society and the country. In order to ascertain their compatibility with the requirements of the Convention, the Committee once more requests the Government to supply information on the practical application of the following provisions of the Penal Code including the number of convictions and copies of court decisions made thereunder:

(a)  articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners;

(b)  article 229 concerning secret societies; in this connection, the Committee hopes that copies of the laws governing the right of association will also be forwarded.

3.Article 1(b).The Committee requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Student’s Work Brigade is still in force and if so, to supply information on any measures taken to ensure the purely voluntary nature of participation in the brigades.

4.Article 1(d).The Committee requests the Government to supply copies of the legislative provisions currently in force governing the right to strike.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention.  In comments made for a number of years, the Committee has noted that prison sentences involving an obligation to perform labour may be imposed under the following provisions of the Penal Code:

(a)  sections 184(3), 197(1)(a) and 240 concerning, inter alia, 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;

(b)  sections 221(1), (4) and (5) concerning a person who creates, establishes, organizes or administers an organization under 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 makes propaganda for its extension or attraction to it, by whatever means it may be, or who joins such an organization or establishes relations, himself or through someone else with such an organization or one of its branches.

The Committee had noted the Government’s earlier indication that the obligation to perform prison labour provided for under section 3 of the Prisons Law covers persons convicted under the above-mentioned sections of the Penal Code as well as those convicted of other misdemeanours and crimes; under section 13 of the Prisons Law, those convicted under the above-mentioned sections of the Penal Code are kept in custody separately from ordinary prisoners, and are also engaged in different activities to keep themselves physically healthy and to provide themselves with gainful employment for which they are fully paid.

While noting the special status given to prisoners convicted under the above-mentioned sections of the Penal Code, the Committee pointed out that the imposition of sanctions involving compulsory labour on these persons remains contrary to the Convention.

The Committee hopes that the penal provisions will be examined in the light of the Convention with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system and that the Government will indicate the measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that no report has been received from the Government. Further to its observation, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee previously requested the Government to supply a copy of the Law on the Execution of Prison Sentences, promulgated in September 1982. The Committee noted the Government's indication in its report received in June 1990 that proposals to amend the provisions on the Execution of Prison Sentences had been adopted and that a new law was in force. The Committee again requests the Government to provide a copy of this law.

2. Article 1(a) of the Convention. In its previous comments, the Committee noted that under article 29(7) of the Basic Principles of the Democratic Republic of Afghanistan, democratic rights and freedoms guaranteed to citizens include the right to freedom of speech and thought, the right of holding assemblies and peaceful demonstrations and also the right of patriotic unity in social democratic and progressive organizations, and that the practice of these rights in a form which will not disrupt peace and security in the country, will be regulated by law. The Committee noted the Government's statement that the law framed under these guiding principles is the Penal Code, and that no one is permitted to misuse democratic rights and freedoms so as to harm the collective interest of the society and the country. In order to ascertain their compatibility with the requirements of the Convention, the Committee once more requests the Government to supply information on the practical application of the following provisions of the Penal Code including the number of convictions and copies of court decisions made thereunder:

(a) articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners;

(b) article 229 concerning secret societies; in this connection, the Committee hopes that copies of the laws governing the right of association will also be forwarded.

3. Article 1(b). The Committee requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Student's Work Brigade is still in force and if so, to supply information on any measures taken to ensure the purely voluntary nature of participation in the brigades.

4. Article 1(d). The Committee requests the Government to supply copies of the legislative provisions currently in force governing the right to strike.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. In comments made for a number of years, the Committee has noted that prison sentences involving an obligation to perform labour may be imposed under the following provisions of the Penal Code: (a) sections 184(3), 197(1)(a) and 240 concerning, inter alia, 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; (b) sections 221(1), (4) and (5) concerning a person who creates, establishes, organizes or administers an organization under 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 makes propaganda for its extension or attraction to it, by whatever means it may be, or who joins such an organization or establishes relations, himself or through someone else with such an organization or one of its branches. The Committee had noted the Government's earlier indication that the obligation to perform prison labour provided for under section 3 of the Prisons Law covers persons convicted under the above-mentioned sections of the Penal Code as well as those convicted of other misdemeanours and crimes; under section 13 of the Prisons Law, those convicted under the above-mentioned sections of the Penal Code are kept in custody separately from ordinary prisoners, and are also engaged in different activities to keep themselves physically healthy and to provide themselves with gainful employment for which they are fully paid. While noting the special status given to prisoners convicted under the above-mentioned sections of the Penal Code, the Committee pointed out that the imposition of sanctions involving compulsory labour on these persons remains contrary to the Convention. The Committee hopes that the penal provisions will be examined in the light of the Convention with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system and that the Government will indicate the measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Further to its observation, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee previously requested the Government to supply a copy of the Law on the Execution of Prison Sentences, promulgated in September 1982. The Committee noted the Government's indication in its report received in June 1990 that proposals to amend the provisions on the Execution of Prison Sentences had been adopted and that a new law was in force. The Committee again requests the Government to provide a copy of this law.

2. Article 1(a) of the Convention. In its previous comments, the Committee noted that under article 29(7) of the Basic Principles of the Democratic Republic of Afghanistan, democratic rights and freedoms guaranteed to citizens include the right to freedom of speech and thought, the right of holding assemblies and peaceful demonstrations and also the right of patriotic unity in social democratic and progressive organizations, and that the practice of these rights in a form which will not disrupt peace and security in the country, will be regulated by law. The Committee noted the Government's statement that the law framed under these guiding principles is the Penal Code, and that no one is permitted to misuse democratic rights and freedoms so as to harm the collective interest of the society and the country. In order to ascertain their compatibility with the requirements of the Convention, the Committee once more requests the Government to supply information on the practical application of the following provisions of the Penal Code including the number of convictions and copies of court decisions made thereunder:

(a) articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners;

(b) article 229 concerning secret societies; in this connection, the Committee hopes that copies of the laws governing the right of association will also be forwarded.

3. Article 1(b). The Committee requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Student's Work Brigade is still in force and if so, to supply information on any measures taken to ensure the purely voluntary nature of participation in the brigades.

4. Article 1(d). The Committee requests the Government to supply copies of the legislative provisions currently in force governing the right to strike.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a) of the Convention. In comments made for a number of years, the Committee has noted that prison sentences involving an obligation to perform labour may be imposed under the following provisions of the Penal Code: (a) sections 184(3), 197(1)(a) and 240 concerning, inter alia, 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; (b) sections 221(1), (4) and (5) concerning a person who creates, establishes, organizes or administers an organization under 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 makes propaganda for its extension or attraction to it, by whatever means it may be, or who joins such an organization or establishes relations, himself or through someone else with such an organization or one of its branches. The Committee had noted the Government's earlier indication that the obligation to perform prison labour provided for under section 3 of the Prisons Law covers persons convicted under the above-mentioned sections of the Penal Code as well as those convicted of other misdemeanours and crimes; under section 13 of the Prisons Law, those convicted under the above-mentioned sections of the Penal Code are kept in custody separately from ordinary prisoners, and are also engaged in different activities to keep themselves physically healthy and to provide themselves with gainful employment for which they are fully paid. While noting the special status given to prisoners convicted under the above-mentioned sections of the Penal Code, the Committee pointed out that the imposition of sanctions involving compulsory labour on these persons remains contrary to the Convention. The Committee hopes that the penal provisions will be examined in the light of the Convention with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system and that the Government will indicate the measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee previously requested the Government to supply a copy of the Law on the Execution of Prison Sentences, promulgated in September 1982. The Committee noted the Government's indication in its report received in June 1990 that proposals to amend the provisions on the Execution of Prison Sentences had been adopted and that a new law was in force. The Committee again requests the Government to provide a copy of this law.

2. Article 1(a) of the Convention. In its previous comments, the Committee noted that under article 29(7) of the Basic Principles of the Democratic Republic of Afghanistan, democratic rights and freedoms guaranteed to citizens include the right to freedom of speech and thought, the right of holding assemblies and peaceful demonstrations and also the right of patriotic unity in social democratic and progressive organizations, and that the practice of these rights in a form which will not disrupt peace and security in the country, will be regulated by law. The Committee noted the Government's statement that the law framed under these guiding principles is the Penal Code, and that no one is permitted to misuse democratic rights and freedoms so as to harm the collective interest of the society and the country. In order to ascertain their compatibility with the requirements of the Convention, the Committee once more requests the Government to supply information on the practical application of the following provisions of the Penal Code including the number of convictions and copies of court decisions made thereunder:

(a) articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners;

(b) article 229 concerning secret societies; in this connection, the Committee hopes that copies of the laws governing the right of association will also be forwarded.

3. Article 1(b). The Committee requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Student's Work Brigade is still in force and if so, to supply information on any measures taken to ensure the purely voluntary nature of participation in the brigades.

4. Article 1(d). The Committee requests the Government to supply copies of the legislative provisions currently in force governing the right to strike.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a) of the Convention. In comments made for a number of years, the Committee has noted that prison sentences involving an obligation to perform labour may be imposed under the following provisions of the Penal Code: (a) sections 184(3), 197(1)(a) and 240 concerning, inter alia, 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; (b) sections 221(1), (4) and (5) concerning a person who creates, establishes, organizes or administers an organization under 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 makes propaganda for its extension or attraction to it, by whatever means it may be, or who joins such an organization or establishes relations, himself or through someone else with such an organization or one of its branches. The Committee had noted the Government's earlier indication that the obligation to perform prison labour provided for under section 3 of the Prisons Law covers persons convicted under the above-mentioned sections of the Penal Code as well as those convicted of other misdemeanours and crimes; under section 13 of the Prisons Law, those convicted under the above-mentioned sections of the Penal Code are kept in custody separately from ordinary prisoners, and are also engaged in different activities to keep themselves physically healthy and to provide themselves with gainful employment for which they are fully paid. While noting the special status given to prisoners convicted under the above-mentioned sections of the Penal Code, the Committee pointed out that the imposition of sanctions involving compulsory labour on these persons remains contrary to the Convention. The Committee hopes that the penal provisions will be examined in the light of the Convention with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system and that the Government will indicate the measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee previously requested the Government to supply a copy of the Law on the Execution of Prison Sentences, promulgated in September 1982. The Committee noted the Government's indication in its report received in June 1990 that proposals to amend the provisions on the Execution of Prison Sentences had been adopted and that a new law was in force. The Committee again requests the Government to provide a copy of this law.

2. Article 1(a) of the Convention. In its previous comments, the Committee noted that under article 29(7) of the Basic Principles of the Democratic Republic of Afghanistan, democratic rights and freedoms guaranteed to citizens include the right to freedom of speech and thought, the right of holding assemblies and peaceful demonstrations and also the right of patriotic unity in social democratic and progressive organizations, and that the practice of these rights in a form which will not disrupt peace and security in the country, will be regulated by law. The Committee noted the Government's statement that the law framed under these guiding principles is the Penal Code, and that no one is permitted to misuse democratic rights and freedoms so as to harm the collective interest of the society and the country. In order to ascertain their compatibility with the requirements of the Convention, the Committee once more requests the Government to supply information on the practical application of the following provisions of the Penal Code including the number of convictions and copies of court decisions made thereunder:

(a) articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners;

(b) article 229 concerning secret societies; in this connection, the Committee hopes that copies of the laws governing the right of association will also be forwarded.

3. Article 1(b). The Committee requests the Government to indicate whether the Decree of 8 July 1985 issuing regulations pertaining to the Student's Work Brigade is still in force and if so, to supply information on any measures taken to ensure the purely voluntary nature of participation in the brigades.

4. Article 1(d). The Committee requests the Government to supply copies of the legislative provisions currently in force governing the right to strike.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report received on 26 June 1996.

Article 1(a) of the Convention. In comments made for a number of years, the Committee has noted that prison sentences involving an obligation to perform labour may be imposed under the following provisions of the Penal Code:

(a) sections 184(3), 197(1)(a) and 240 concerning, inter alia, 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;

(b) sections 221(1), (4) and (5) concerning a person who creates, establishes, organizes or administers an organization under 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 makes propaganda for its extension or attraction to it, by whatever means it may be, or who joins such an organization or establishes relations, himself or through someone else with such an organization or one of its branches.

The Committee had noted the Government's earlier indication that the obligation to perform prison labour provided for under section 3 of the Prisons Law covers persons convicted under the above-mentioned sections of the Penal Code as well as those convicted of other misdemeanours and crimes; under section 13 of the Prisons Law, those convicted under the above-mentioned sections of the Penal Code are kept in custody separately from ordinary prisoners, and are also engaged in different activities to keep themselves physically healthy and to provide themselves with gainful employment for which they are fully paid.

While noting the special status given to prisoners convicted under the above-mentioned sections of the Penal Code, the Committee pointed out that the imposition of sanctions involving compulsory labour on these persons remains contrary to the Convention.

The Committee hopes that the penal provisions will be examined in the light of the Convention with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system and that the Government will indicate the measures taken to this end.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee has previously noted the Government's indication that a commission has been set up to review the Constitution of Afghanistan, that it was proposed to bring the relevant Conventions and Recommendations to the attention of this commission, and that after a review of the Constitution specific laws would be framed thereunder and relevant laws would be submitted to the ILO.

The Committee notes the Government's information in its report received in June 1990 that a new Constitution was approved in November (1989) by the Grand Assembly as well as a new Labour Code and a number of other legislative acts. It also notes the Government's indication that under Article 145 of the new Constitution, international treaties and conventions are given precedence over contradicting national law.

The Committee hopes that the Government will provide a copy of the new Constitution and of the new Labour Code as well as of other enactments which may be relevant to the application of the Convention.

2. The Committee noted from the decision by the Council of Ministers a copy of which was attached to the Government's report for the period ending June 1987, that the name of labour brigades was changed to Institute of Airport and Road Construction and that it was placed under the Ministry of Public Works. The Committee again requests the Government to supply information on the work of the Institute, indicating the way of recruiting manpower and describing the projects undertaken, including copies of any legislative texts or administrative decisions governing the organisation and work of the Institute.

3. In its previous comments, the Committee noted that under Article 29(7) of the Basic Principles of the Democratic Republic of Afghanistan, democratic rights and freedoms guaranteed to citizens include the right to freedom of speech and thought, the right of holding assemblies and peaceful demonstrations and also the right of patriotic unity in social democratic and progressive organisations, and that the practice of these rights in a form which will not disrupt peace and security in the country, will be regulated by law. The Committee noted the Government's statement that the law framed under these guiding principles is the Penal Code, and that no one is permitted to misuse democratic rights and freedoms so as to harm the collective interest of the society and the country. In order to ascertain their compatibility with the requirements of the Convention, the Committee requested the Government to supply information on the practical application of a number of provisions of the Penal Code. In the absence of a reply in this regard, the Committee once more asks the Government to supply the necessary information, including the number of convictions and copies of court decisions made thereunder:

(a) Article 203, under which political associations which are not recognised by the State but confront the State "as in a state of war" are considered as foreign states (read together with Articles 190, 191, 193, 194, 195 under which persons dealing with such association may be punished);

(b) Article 205(1) concerning a person who tries to change the Constitution or the form of the State by force;

(c) Article 229 concerning secret societies; in this connection, the Committee hopes that copies of the laws governing the right of association will also be forwarded;

(d) Articles 236, 237 and 238 concerning publications, speeches, songs, etc., considered contrary to culture and public manners.

4. The Committee previously requested the Government to supply a copy of the Law on the Execution of Prison Sentences, promulgated in September 1982. The Committee notes the Government's indication in its report that proposals to amend the provisions on the Execution of Prison Sentences have been adopted and that a new law is in force. The Committee requests the Government to provide a copy of this new law.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 1(a) of the Convention. In comments made for a number of years, the Committee has noted that prison sentences involving an obligation to perform labour may be imposed under the following provisions of the Penal Code:

(a) sections 184(3), 197(1)(a) and 240 concerning, inter alia, 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;

(b) sections 221(1), (4) and (5) concerning a person who creates, establishes, organises or administers an organisation under 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 makes propaganda for its extension or attraction to it, by whatever means it may be, or who joins such an organisation or establishes relations, himself or through someone else with such an organisation or one of its branches.

The Committee had noted the Government's indication that the obligation to perform prison labour provided for under section 3 of the Prisons Law covers persons convicted under the above-mentioned sections of the Penal Code as well as those convicted of other misdemeanours and crimes; under section 13 of the Prisons Law, those convicted under the above-mentioned sections of the Penal Code are kept in custody separately from ordinary prisoners, and are also engaged in different activities to keep themselves physically healthy and to provide themeselves with gainful employment for which they are fully paid.

While noting the special status given to prisoners convicted under the above-mentioned sections of the Penal Code, the Committee pointed out that the imposition of sanctions involving compulsory labour on these persons remains contrary to the Convention.

The Committee has taken note of the report by a special rapporteur on the situation of human rights in Afghanistan submitted to the United Nations Commission on Human Rights at its 47th Session, 1991 (Doc. E/CN.4/1991/3). The report refers to indications by the Minister of the Interior that there are 2,530 political prisoners in the country; the report also refers to allegations by opposition forces that this number is much higher.

The Committee hopes that the penal provisions will be examined in the light of the Convention with a view to ensuring that no sanctions involving forced or compulsory labour may be imposed as a means of politicial coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system and that the Government will indicate the measures taken to this end.