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

Abolition of Forced Labour Convention, 1957 (No. 105) - Kazakhstan (Ratification: 2001)

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The Committee notes the observations of the Trade Union of Workers in the Fuel and Energy Complex, received on 31 August 2022.

Article 1(a) of the Convention. 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. Criminal Code. Referring to its previous comments, the Committee notes the Government’s indication in its report that under section 174 (incitement of social, national, tribal, racial, class or religious hatred) of the Criminal Code, 19 persons were convicted to the sentences of restriction of freedom or deprivation of liberty, both involving compulsory labour, during the first five months of 2022; 19 persons in 2021; and 14 persons in 2020. No persons were punished with the sentences involving compulsory labour under sections 400 (violation of procedure for organizing and holding peaceful assemblies) and 404 (forming, leading and participation in activities of illegal public and other associations) of the Criminal Code from 2021 to the first five months of 2022.

The Committee also notes the observations of the Trade Union of Workers in the Fuel and Energy Complex regarding the application in practice of section 274 (spreading of false information) of the Criminal Code. In particular, the observations refer to the case of a political activist who, in 2020, was accused of publishing some negative information about the ruling party, and sentenced to three years of restriction of freedom and 100 hours of community service. Furthermore, the Committee notes that in its 2022 concluding observations, the United Nations Committee on the Elimination of Racial Discrimination expressed concern that the broadly worded provisions of section 174 of the Criminal Code may lead to unnecessary or disproportionate interference with the right to freedom of expression (CERD/C/KAZ/CO/8-10). The Committee further notes that in its opinions No. 33/2021 and No. 43/2020, the United Nations Working Group on Arbitrary Detention concluded that the arrests and detentions of the nine individuals resulted from the peaceful exercise of the rights to freedom of opinion and expression and that the detentions were arbitrary as they were based on overly broad and vague provisions of section 174 of the Criminal Code (A/HRC/WGAD/2021/33; A/HRC/WGAD/2020/43).

The Committee also notes that in the joint communication of 18 January 2022, the United Nations independent human rights experts expressed concern over the reported wide-scale arbitrary arrests and detentions of over 9,900 individuals, including civil society representatives, journalists and human rights defenders during the protests of January 2022. In its 2023 concluding observations, the United Nations Committee against Torture expressed deep concern about many consistent reports indicating acts of intimidation, threats and arbitrary detention of human rights defenders in connection with their human rights work (CAT/C/KAZ/CO/4).

The Committee notes with deepconcern the information relating to the arrests, detentions and convictions of persons who express opinions and views ideologically opposed to the established political, social or economic system, which have led or may lead to penalties involving compulsory labour. The Committee once again recalls that under Article 1(a) of the Convention, persons holding or expressing political views or views ideologically opposed to the established political, social or economic system shall not be subject to punishments that would require them to work, including compulsory prison labour, community service and correctional work. The Committee therefore urges the Government to take immediate measures to ensure that, both in law and practice, no one who expresses political views or opposes the established political, social or economic system in a peaceful manner, can be sentenced to penalties under which compulsory labour may be imposed. The Committee once again requests the Government to review sections 174, 274, 400 and 404 of the Criminal Code, for example by clearly restricting their scope to situations connected with the use of violence, or by suppressing penalties involving compulsory labour. The Committee requests the Government to provide information on any progress made in this regard, as well as information on the application of sections 174, 274, 400 and 404 of the Criminal Code, including the number and grounds for prosecutions and convictions made under each section, and the type of penalties imposed.

Article 1(d). Penalties for participating in strikes. Criminal Code. The Government indicates that no cases have been considered by courts under section 402 of the Criminal Code, which provides for penal sanctions for incitement to continue a strike that has been declared illegal by a court. The Committee notes the Government’s indication that within the framework of the Action Plan for the implementation of the recommendations of the ILO Committee on the Application of Standards in relation to the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), it is being considered to amend section 402 of the Criminal Code by limiting its scope to the calls for continued participation in a strike recognized illegal by a court when it has inflicted substantial harm to the rights and legitimate interests of citizens or organizations or legally protected interests of the society or the State or has entailed mass disorders.

Recalling that the imposition of compulsory labour as a penalty for the mere fact of organizing or peacefully participating in strikes is prohibited by the Convention and referring to its comments made under Convention No. 87, the Committee requests the Government to take the necessary measures to repeal sanctions involving compulsory labour under section 402 of the Criminal Code. It requests the Government to provide information on the progress achieved in this regard and to continue to provide information on the application of section 402 of the Criminal Code, including the number and nature of the penalties applied.

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

[The Government is asked to reply in full to the present comments in 2024 .]