Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Abolition of Forced Labour Convention, 1957 (No. 105) - Hungary (Ratification: 1994)

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee referred to certain provisions of the Penal Code, under which sanctions of imprisonment (which involve an obligation to perform labour, under section 33(1)(d) of Law-Decree No. 11 of 1979) may be imposed in cases of incitement to agitation against the law or authorities (section 268), agitation against communities (section 269) and disturbance of the public order by openly declaring false facts or by spreading rumours (section 270). The Committee observed that, under the above provisions of the Penal Code, penal sanctions involving compulsory labour may be imposed in circumstances defined in terms which are broad enough to give rise to questions about their conformity with the Convention. It therefore requested information on the application of these provisions in practice, supplying copies of the relevant court decisions defining or illustrating their scope. The Committee noted in this connection the Government’s statement in its previous report that Hungarian courts are not authorized to disclose personal data in relation to criminal proceedings, but may disclose sentences in an anonymous form, without violating privacy.

The Committee takes note of the Government’s detailed explanations concerning the interpretation of sections 268, 269 and 270 of the Penal Code referred to above, as well as the indication of the reasons which lead to the amendment of the wording of section 270 in 2000.

While taking due note of these indications, the Committee requests the Government once again to supply, with its next report, sample copies of the court decisions (or description thereof made in an anonymous form), which have been passed under the abovementioned sections 268, 269 and 270 of the Penal Code and which could define or illustrate the scope of these provisions, in order to enable the Committee to assess their conformity with the Convention.