Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee previously noted that the penalties of deprivation of liberty (section 46 of the Criminal Code), restriction of freedom (section 44 of the Criminal Code), community service (section 43 of the Criminal Code) and correctional work (punitive deduction of earnings) (sections 42 of the Criminal Code) involve compulsory labour, under the conditions set out in the Executive Penal Code (sections 52, 54, 59(2), 63(2) and 104(2)(1)).

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. The Committee previously noted with deep concern the information from various United Nations bodies 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 the imposition of penalties involving compulsory labour. The Committee also noted that some of the relevant provisions of the Criminal Code are broadly worded, and their scope is not restricted to situations connected with the use of violence or incitement to violence.

The Committee notes the Government’s indication, in its report, that, from 2020 to 2025, section 174 of the Criminal Code, which prohibits incitement to social, national, tribal, racial, class, or religious hatred, was applied 10 times, resulting in three convictions. The Government also indicates that no cases were filed or considered under sections 400 (violation of procedure for organizing and holding peaceful assemblies) and 404 (forming, leading and participating in activities of illegal public and other associations) of the Criminal Code.

The Committee further notes that the United Nations Human Rights Committee (UN HRC), in its 2025 concluding observations, remained concerned about the broad formulation of the concepts of “extremism”, “inciting social or class hatred” and “religious hatred or enmity” in section 174 of the Criminal Code. The UN HRC further expressed concern about excessive limits on the right to peaceful assembly, and urged the Government to refrain from criminalizing non-governmental organizations for their legitimate activities under criminal law provisions that are broadly defined and not compliant with the principle of legal certainty (CCPR/C/KAZ/CO/3). The Committee further notes that the UN Working Group on Arbitrary Detention, in its Opinion No. 18/2025, concluded that the detention of a person under sections 405(2) (organization and participation in the activities of a public or religious association or other organization after a court decision to prohibit their activities or liquidate them due to their involvement in extremism or terrorism) and 258(2) (financing terrorist or extremist activities and other assistance to terrorism or extremism) of the Criminal Code was arbitrary, as it had resulted from the exercise of rights to freedom of opinion and expression.

The Committee strongly urges the Government to take immediate measures to ensure, both in law and practice, that no one who expresses political views or opposes the established political, social or economic system in a peaceful manner, can be prosecuted and sentenced to penalties under which compulsory labour may be imposed. In this respect, the Committee particularly urges the Government to take the necessary measures: (i) to ensure that the provisions of the Criminal Code punishing extremism-related offences are reviewed and applied in such a manner that no penalty involving compulsory labour can be imposed on persons who peacefully express political views or views ideologically opposed to the established political, social or economic system; (ii) to provide information on the application of sections of the Criminal Code regarding extremism-related offences in practice, particularly sections 182, 183, 258, 259, 260, 405, including the number and grounds for prosecutions and convictions made under each section, and the type of penalties imposed; and (iii) to review sections 174 (incitement of social, national, tribal, racial, class or religious hatred), 274 (spreading of false information), 400 (violation of procedure for organizing and holding peaceful assemblies) and 404 (forming, leading and participating in activities of illegal public and other associations) of the Criminal Code, for example by clearly restricting their scope to situations connected with the use of violence or incitement to violence, or by suppressing penalties involving compulsory labour.

Article 1(d). Penalties for participating in strikes. Criminal Code. The Committee notes the Government’s reference to section 176 of the Labour Code concerning the grounds for declaring a strike illegal. The Government also indicates that, in July and August 2025, the Ministry of Labour and Social Protection, along with the Government agencies and national workers’ and employers’ associations, held consultations on the development of additional measures to ensure the observance of the trade unions’ rights to freedom of association, including elaborating further amendments to the national legislation. The Committee, however, observes the absence of specific information in respect of its previous comments on section 402 of the Criminal Code, which provides for penal sanctions, involving compulsory labour, including correctional work (punitive deduction of earnings), community service, restriction of freedom, or deprivation of liberty, for incitement to continue a strike that has been declared illegal by a court.

Recalling that the imposition of compulsory labour as a penalty for the mere fact of organizing or peacefully participating in strikes is prohibited by Article 1(d) of the Convention, the Committee reiterates its request to the Government to take the necessary measures to repeal sanctions involving compulsory labour provided for in section 402 of the Criminal Code. It once again requests the Government to provide information on the progress achieved in this regard and to provide information on the application of section 402 of the Criminal Code, including the number and nature of the penalties applied. The Committee also refers to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

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