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.