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.