All Comments

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition
Article 2(1), (4) and (5) of the Convention. Minimum age for admission to employment or work. In ratifying the Convention, Afghanistan specified a minimum age of 14 years for admission to employment or work within its territory, pursuant to Article 2(4) of the Convention. The Committee notes once again, from the Government’s report, that according to section 13 of the Labour Law, no person under the age of 18 years shall be employed while a child of 15 years may be employed in light industries, and for trainees the minimum age is 14 years. The Committee, once again, draws the Government’s attention to Article 2(5)of the Convention, according to which each Member who has specified a minimum age of 14 years shall include in its reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date. Noting, once again, that there appears to be various minimum ages for admission to employment or work under the national legislation, which are higher than the minimum age of 14 years specified upon ratification, the Committee requests that the Government provide information on whether its reasons for specifying a minimum age of 14 years subsist.
Article 2(3). Age of completion of compulsory education. The Committee previously noted that sections 4 and 17 of the Education Law of 2008 read together with section 5 provide for the free and compulsory education of children from age six to 14 years, which is in line with the minimum age for admission to work or employment specified by Afghanistan. However, the Committee noted that the net attendance ratio for primary education declined from 57 per cent to 55 per cent in 2013–14, estimating that 2.3 million primary school-age children miss out on education and that the large majority of these are from rural areas. Noting that the Government’s report does not contain any information in this regard, the Committee requests once again that the Government take the necessary measures to effectively implement compulsory education, especially in rural areas, as stipulated under sections 4 and 5 of the Education Act. It also requests, once more, that the Government take the necessary measures to decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in child labour.
Article 3(1) and (2). Hazardous work and determination of types of hazardous work. The Committee previously noted that section 13(2) and (4) of the Labour Law prohibits the employment of children under the age of 18 years in work injurious to their health and development. Sections 121 and 122 of the Labour Law further prohibit night work and overtime work by young persons under the age of 18 years. With regard to the determination of hazardous work, the Committee noted the Government’s indication that the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) and the Ministry of Public Health have jointly adopted a regulation, pursuant to section 120 of the Labour Law, prescribing a list of 244 physically arduous and harmful occupations prohibited to women and children, out of which 31 occupations are identified as worst forms of child labour that are prohibited to children under the age of 18 years. The Committee also noted that in 2014, the MoLSAMD adopted a list of 29 prohibited jobs for children under 18 years which include: (a) mining; (b) working in the iron furnace, garbage collection and recycling, slaughter houses, production of narcotic drugs, in workshops with dangerous chemicals, painting metal and wood, processing and mixing acid and battery charging, grinding salt and packing, and in garment factories; (c) working with ovens in bakeries and ovens in brick kilns, heavy machinery, fluid gas, insecticides; (d) working as porters, tractor drivers, in public transport; (e) working at heights; (f) working for more than four hours per day in carpet producing; and (g) using children for bonded labour and begging. The Committee once again requests that the Government provide information on the application in practice of the two regulations containing the list of hazardous types of work prohibited to children under the age of 18 years, including statistics on the number and nature of violations reported and penalties imposed.
Article 8. Artistic performances. The Committee previously noted the Government’s indication that, in practice, children under the minimum age participate in artistic performances for a limited number of hours. It requested that the Government indicate if the national legislation allows exceptions to the prohibition of employment or work for such purposes as participation in artistic performances. Noting the absence of information provided in this regard, the Committee once again requests that the Government provide information on the measures taken or envisaged to establish a system of providing individual permits for participation of children in artistic performances as well as to regulate such performances, pursuant to Article 8 of the Convention.
Article 9(1). Penalties and labour inspectorate. The Committee observed that the Labour Law does not establish any penalties for the violations of its provisions, including for the employment of children and young persons. It further noted that, according to section 146 of the Labour Law, monitoring and compliance with labour laws, protection and safety measures, arduous work and jobs that are harmful to health, working hours and conditions, and wages are exercised by the Labour Monitoring and Guidance Authority of the MoLSAMD. The Committee notes that the Government’s report does not provide any information in this respect and therefore requests, once again, that the Government provide information on the functioning of the Labour Monitoring and Guidance Authority in monitoring the compliance with the child labour provisions, including in the informal economy. The Committee also requests that the Government provide information on the number of inspections carried out as well as the number of violations detected with regard to the employment of children and young persons and penalties imposed.
Article 9(3). Keeping of registers. The Committee previously noted that according to section 16 of the Labour Law, a copy of the employment contract of persons under the age of 18 years shall be kept by the employer and another copy shall be provided to the MoLSAMD but that the conditions/contents of the employment contract, as laid down by section 15 of the Labour Law, does not require the name and age of the employee. The Committee also noted the Government’s information that the MoLSAMD has developed a recruitment and work condition procedure with a view to preventing the illegal employment of children and young persons, and which requires the proper and detailed registration of the employment of children and young persons in permissible occupations.
The Committee notes the Government’s indication that the recruitment and work condition procedure developed by the MoLSAMD has now been referred for implementation to all recruitment agencies and that the procedure includes proper and detailed registration of young people under the age of 18 who are employed in different legally permissible occupations. The Committee requests that the Government indicate whether the requirements for registration of employment under the recruitment and work condition procedure include the requirement to register the age or date of birth of young persons under the age of 18 years.

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition
Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the implementation of the various measures taken by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) to prevent child labour, including: the National Child Labour Strategy, 2012, followed by a National Action Plan to prevent child labour in brick kilns; a National Strategy for the Protection of Children at Risk; and a National Strategy for Working Street Children, 2011. However, the Committee noted, that children in Afghanistan are engaged in child labour and often in hazardous conditions, including in agriculture, carpet weaving, domestic work, street work, and brick making. Moreover, 27 per cent of children between the ages of 5 and 17 years (2.7 million children) are engaged in child labour with a higher proportion of boys (65 per cent). Of this, 46 per cent are children between 5 and 11 years of age. At least half of all child labourers are exposed to hazardous working conditions such as dust, gas, fumes, extreme cold, heat or humidity. Moreover, 56 per cent of brick makers in Afghan kilns are children and the majority of these are 14 years of age and below.
The Committee notes that the Government’s report contains no new information in this regard. The Committee once again notes with concern that a significant number of children under the age of 14 years are engaged in child labour, of which at least half are working in hazardous conditions. The Committee therefore urges the Government to strengthen its efforts to ensure the progressive elimination of child labour in all economic activities, both in the formal and informal sectors, and requests that the Government provide information on the measures taken in this regard, as well as the results achieved.
Article 2(1). Scope of application. The Committee noted that according to sections 5 and 13 of the Labour Law, read in conjunction with the definition of a “worker”, the Law applies only to labour relations on a contractual basis and, therefore, that the provisions of the Labour Law did not appear to cover the employment of children outside a formal employment relationship, such as children working on their own account or in the informal economy.
Noting the absence of information provided in this regard in the Government’s report, the Committee recalls that the Convention applies to all sectors of economic activity and covers all forms of employment and work, whether or not there is a contractual employment relationship. The Committee therefore requests, once again, that the Government take the necessary measures to ensure that all children, including children working outside a formal employment relationship such as children working on their own account or in the informal economy, benefit from the protection laid down by the Convention. In this regard, the Committee encourages, once more, the Government to review the relevant provisions of the Labour Law in order to address these gaps as well as to take measures to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy with a view to ensuring such protection in this sector.
Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee previously noted that section 13(2) of the Labour Law sets 15 years as the minimum age for employment in light work in industries and section 31 prescribes a weekly working period of 35 hours for young persons between 15 and 18 years of age. It observed that the minimum age for light work of 15 years is higher than the minimum age for admission to employment or work of 14 years, specified by Afghanistan.
Noting the absence of information provided in this regard by the Government, the Committee once again draws the Government’s attention to the fact that Article 7(1) of the Convention is a flexibility clause which provides that national laws or regulations may permit the employment or work of persons aged 13–15 years in light work activities which are not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received.
The Committee notes the lack of information contained in the Government’s report and recalls once again that Article 7(4) permits member States who have specified a general minimum age for admission to employment or work of 14 years to substitute a minimum age for admission to light work of 12–14 years to that of the usual 13–15 years of age (see General Survey on the fundamental Conventions, 2012, paragraphs 389 and 391). In view of the fact that a high number of children under 14 years of age are engaged in child labour in the country, the Committee once again requests that the Government regulate light work activities for children between 12 and 14 years of age to ensure that children who, in practice, work under the minimum age are better protected. The Committee also requests that the Government take the necessary measures to determine light work activities that children of 12–14 years of age are permitted to undertake and to prescribe the number of hours and conditions of such work, pursuant to Article 7(3) of the Convention.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Article 2(1), (4) and (5) of the Convention. Minimum age for admission to employment or work. In ratifying the Convention, Afghanistan specified a minimum age of 14 years for admission to employment or work within its territory, pursuant to Article 2(4) of the Convention. The Committee notes once again, from the Government’s report, that according to section 13 of the Labour Law, no person under the age of 18 years shall be employed while a child of 15 years may be employed in light industries, and for trainees the minimum age is 14 years. The Committee, once again, draws the Government’s attention to Article 2(5)of the Convention, according to which each Member who has specified a minimum age of 14 years shall include in its reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date.Noting, once again, that there appears to be various minimum ages for admission to employment or work under the national legislation, which are higher than the minimum age of 14 years specified upon ratification, the Committee requests that the Government provide information on whether its reasons for specifying a minimum age of 14 years subsist.
Article 2(3). Age of completion of compulsory education. The Committee previously noted that sections 4 and 17 of the Education Law of 2008 read together with section 5 provide for the free and compulsory education of children from age six to 14 years, which is in line with the minimum age for admission to work or employment specified by Afghanistan. However, the Committee noted that the net attendance ratio for primary education declined from 57 per cent to 55 per cent in 2013–14, estimating that 2.3 million primary school-age children miss out on education and that the large majority of these are from rural areas.Noting that the Government’s report does not contain any information in this regard, the Committee requests once again that the Government take the necessary measures to effectively implement compulsory education, especially in rural areas, as stipulated under sections 4 and 5 of the Education Act. It also requests, once more, that the Government take the necessary measures to decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in child labour.
Article 3(1) and (2). Hazardous work and determination of types of hazardous work. The Committee previously noted that section 13(2) and (4) of the Labour Law prohibits the employment of children under the age of 18 years in work injurious to their health and development. Sections 121 and 122 of the Labour Law further prohibit night work and overtime work by young persons under the age of 18 years. With regard to the determination of hazardous work, the Committee noted the Government’s indication that the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) and the Ministry of Public Health have jointly adopted a regulation, pursuant to section 120 of the Labour Law, prescribing a list of 244 physically arduous and harmful occupations prohibited to women and children, out of which 31 occupations are identified as worst forms of child labour that are prohibited to children under the age of 18 years. The Committee also noted that in 2014, the MoLSAMD adopted a list of 29 prohibited jobs for children under 18 years which include: (a) mining; (b) working in the iron furnace, garbage collection and recycling, slaughter houses, production of narcotic drugs, in workshops with dangerous chemicals, painting metal and wood, processing and mixing acid and battery charging, grinding salt and packing, and in garment factories; (c) working with ovens in bakeries and ovens in brick kilns, heavy machinery, fluid gas, insecticides; (d) working as porters, tractor drivers, in public transport; (e) working at heights; (f) working for more than four hours per day in carpet producing; and (g) using children for bonded labour and begging.The Committee once again requests that the Government provide information on the application in practice of the two regulations containing the list of hazardous types of work prohibited to children under the age of 18 years, including statistics on the number and nature of violations reported and penalties imposed.
Article 8. Artistic performances. The Committee previously noted the Government’s indication that, in practice, children under the minimum age participate in artistic performances for a limited number of hours. It requested that the Government indicate if the national legislation allows exceptions to the prohibition of employment or work for such purposes as participation in artistic performances.Noting the absence of information provided in this regard, the Committee once again requests that the Government provide information on the measures taken or envisaged to establish a system of providing individual permits for participation of children in artistic performances as well as to regulate such performances, pursuant to Article 8 of the Convention.
Article 9(1). Penalties and labour inspectorate. The Committee observed that the Labour Law does not establish any penalties for the violations of its provisions, including for the employment of children and young persons. It further noted that, according to section 146 of the Labour Law, monitoring and compliance with labour laws, protection and safety measures, arduous work and jobs that are harmful to health, working hours and conditions, and wages are exercised by the Labour Monitoring and Guidance Authority of the MoLSAMD.The Committee notes that the Government’s report does not provide any information in this respect and therefore requests, once again, that the Government provide information on the functioning of the Labour Monitoring and Guidance Authority in monitoring the compliance with the child labour provisions, including in the informal economy. The Committee also requests that the Government provide information on the number of inspections carried out as well as the number of violations detected with regard to the employment of children and young persons and penalties imposed.
Article 9(3). Keeping of registers. The Committee previously noted that according to section 16 of the Labour Law, a copy of the employment contract of persons under the age of 18 years shall be kept by the employer and another copy shall be provided to the MoLSAMD but that the conditions/contents of the employment contract, as laid down by section 15 of the Labour Law, does not require the name and age of the employee. The Committee also noted the Government’s information that the MoLSAMD has developed a recruitment and work condition procedure with a view to preventing the illegal employment of children and young persons, and which requires the proper and detailed registration of the employment of children and young persons in permissible occupations.
The Committee notes the Government’s indication that the recruitment and work condition procedure developed by the MoLSAMD has now been referred for implementation to all recruitment agencies and that the procedure includes proper and detailed registration of young people under the age of 18 who are employed in different legally permissible occupations.The Committee requests that the Government indicate whether the requirements for registration of employment under the recruitment and work condition procedure include the requirement to register the age or date of birth of young persons under the age of 18 years.

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition
Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the implementation of the various measures taken by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) to prevent child labour, including: the National Child Labour Strategy, 2012, followed by a National Action Plan to prevent child labour in brick kilns; a National Strategy for the Protection of Children at Risk; and a National Strategy for Working Street Children, 2011. However, the Committee noted, that children in Afghanistan are engaged in child labour and often in hazardous conditions, including in agriculture, carpet weaving, domestic work, street work, and brick making. Moreover, 27 per cent of children between the ages of 5 and 17 years (2.7 million children) are engaged in child labour with a higher proportion of boys (65 per cent). Of this, 46 per cent are children between 5 and 11 years of age. At least half of all child labourers are exposed to hazardous working conditions such as dust, gas, fumes, extreme cold, heat or humidity. Moreover, 56 per cent of brick makers in Afghan kilns are children and the majority of these are 14 years of age and below.
The Committee notes that the Government’s report contains no new information in this regard. The Committee once again notes with concern that a significant number of children under the age of 14 years are engaged in child labour, of which at least half are working in hazardous conditions.The Committee therefore urges the Government to strengthen its efforts to ensure the progressive elimination of child labour in all economic activities, both in the formal and informal sectors, and requests that the Government provide information on the measures taken in this regard, as well as the results achieved.
Article 2(1). Scope of application. The Committee noted that according to sections 5 and 13 of the Labour Law, read in conjunction with the definition of a “worker”, the Law applies only to labour relations on a contractual basis and, therefore, that the provisions of the Labour Law did not appear to cover the employment of children outside a formal employment relationship, such as children working on their own account or in the informal economy.
Noting the absence of information provided in this regard in the Government’s report, the Committee recalls that the Convention applies to all sectors of economic activity and covers all forms of employment and work, whether or not there is a contractual employment relationship.The Committee therefore requests, once again, that the Government take the necessary measures to ensure that all children, including children working outside a formal employment relationship such as children working on their own account or in the informal economy, benefit from the protection laid down by the Convention. In this regard, the Committee encourages, once more, the Government to review the relevant provisions of the Labour Law in order to address these gaps as well as to take measures to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy with a view to ensuring such protection in this sector.
Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee previously noted that section 13(2) of the Labour Law sets 15 years as the minimum age for employment in light work in industries and section 31 prescribes a weekly working period of 35 hours for young persons between 15 and 18 years of age. It observed that the minimum age for light work of 15 years is higher than the minimum age for admission to employment or work of 14 years, specified by Afghanistan.
Noting the absence of information provided in this regard by the Government, the Committee once again draws the Government’s attention to the fact that Article 7(1) of the Convention is a flexibility clause which provides that national laws or regulations may permit the employment or work of persons aged 13–15 years in light work activities which are not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received.
The Committee notes the lack of information contained in the Government’s report and recalls once again that Article 7(4) permits member States who have specified a general minimum age for admission to employment or work of 14 years to substitute a minimum age for admission to light work of 12–14 years to that of the usual 13–15 years of age (see General Survey on the fundamental Conventions, 2012, paragraphs 389 and 391).In view of the fact that a high number of children under 14 years of age are engaged in child labour in the country, the Committee once again requests that the Government regulate light work activities for children between 12 and 14 years of age to ensure that children who, in practice, work under the minimum age are better protected. The Committee also requests that the Government take the necessary measures to determine light work activities that children of 12–14 years of age are permitted to undertake and to prescribe the number of hours and conditions of such work, pursuant to Article 7(3) of the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(1), (4) and (5) of the Convention. Minimum age for admission to employment or work. In ratifying the Convention, Afghanistan specified a minimum age of 14 years for admission to employment or work within its territory, pursuant to Article 2(4) of the Convention.

The Committee notes once again, from the Government’s report, that according to section 13 of the Labour Law, no person under the age of 18 years shall be employed while a child of 15 years may be employed in light industries, and for trainees the minimum age is 14 years. The Committee, once again, draws the Government’s attention to Article 2(5) of the Convention, according to which each Member who has specified a minimum age of 14 years shall include in its reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date. Noting, once again, that there appears to be various minimum ages for admission to employment or work under the national legislation, which are higher than the minimum age of 14 years specified upon ratification, the Committee requests that the Government provide information on whether its reasons for specifying a minimum age of 14 years subsist.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that sections 4 and 17 of the Education Law of 2008 read together with section 5 provide for the free and compulsory education of children from age six to 14 years, which is in line with the minimum age for admission to work or employment specified by Afghanistan. However, the Committee noted that the net attendance ratio for primary education declined from 57 per cent to 55 per cent in 2013–14, estimating that 2.3 million primary school-age children miss out on education and that the large majority of these are from rural areas. Noting that the Government’s report does not contain any information in this regard, the Committee requests once again that the Government take the necessary measures to effectively implement compulsory education, especially in rural areas, as stipulated under sections 4 and 5 of the Education Act. It also requests, once more, that the Government take the necessary measures to decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in child labour.

Article 3(1) and (2). Hazardous work and determination of types of hazardous work. The Committee previously noted that section 13(2) and (4) of the Labour Law prohibits the employment of children under the age of 18 years in work injurious to their health and development. Sections 121 and 122 of the Labour Law further prohibit night work and overtime work by young persons under the age of 18 years. With regard to the determination of hazardous work, the Committee noted the Government’s indication that the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) and the Ministry of Public Health have jointly adopted a regulation, pursuant to section 120 of the Labour Law, prescribing a list of 244 physically arduous and harmful occupations prohibited to women and children, out of which 31 occupations are identified as worst forms of child labour that are prohibited to children under the age of 18 years. The Committee also noted that in 2014, the MoLSAMD adopted a list of 29 prohibited jobs for children under 18 years which include: (a) mining; (b) working in the iron furnace, garbage collection and recycling, slaughter houses, production of narcotic drugs, in workshops with dangerous chemicals, painting metal and wood, processing and mixing acid and battery charging, grinding salt and packing, and in garment factories; (c) working with ovens in bakeries and ovens in brick kilns, heavy machinery, fluid gas, insecticides; (d) working as porters, tractor drivers, in public transport; (e) working at heights; (f) working for more than four hours per day in carpet producing; and (g) using children for bonded labour and begging. The Committee once again requests that the Government provide information on the application in practice of the two regulations containing the list of hazardous types of work prohibited to children under the age of 18 years, including statistics on the number and nature of violations reported and penalties imposed.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that, in practice, children under the minimum age participate in artistic performances for a limited number of hours. It requested that the Government indicate if the national legislation allows exceptions to the prohibition of employment or work for such purposes as participation in artistic performances. Noting the absence of information provided in this regard, the Committee once again requests that the Government provide information on the measures taken or envisaged to establish a system of providing individual permits for participation of children in artistic performances as well as to regulate such performances, pursuant to Article 8 of the Convention.

Article 9(1). Penalties and labour inspectorate. The Committee observed that the Labour Law does not establish any penalties for the violations of its provisions, including for the employment of children and young persons. It further noted that, according to section 146 of the Labour Law, monitoring and compliance with labour laws, protection and safety measures, arduous work and jobs that are harmful to health, working hours and conditions, and wages are exercised by the Labour Monitoring and Guidance Authority of the MoLSAMD. The Committee notes that the Government’s report does not provide any information in this respect and therefore requests, once again, that the Government provide information on the functioning of the Labour Monitoring and Guidance Authority in monitoring the compliance with the child labour provisions, including in the informal economy. The Committee also requests that the Government provide information on the number of inspections carried out as well as the number of violations detected with regard to the employment of children and young persons and penalties imposed.

Article 9(3). Keeping of registers. The Committee previously noted that according to section 16 of the Labour Law, a copy of the employment contract of persons under the age of 18 years shall be kept by the employer and another copy shall be provided to the MoLSAMD but that the conditions/contents of the employment contract, as laid down by section 15 of the Labour Law, does not require the name and age of the employee. The Committee also noted the Government’s information that the MoLSAMD has developed a recruitment and work condition procedure with a view to preventing the illegal employment of children and young persons, and which requires the proper and detailed registration of the employment of children and young persons in permissible occupations.

The Committee notes the Government’s indication that the recruitment and work condition procedure developed by the MoLSAMD has now been referred for implementation to all recruitment agencies and that the procedure includes proper and detailed registration of young people under the age of 18 who are employed in different legally permissible occupations. The Committee requests that the Government indicate whether the requirements for registration of employment under the recruitment and work condition procedure include the requirement to register the age or date of birth of young persons under the age of 18 years.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the implementation of the various measures taken by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) to prevent child labour, including: the National Child Labour Strategy, 2012, followed by a National Action Plan to prevent child labour in brick kilns; a National Strategy for the Protection of Children at Risk; and a National Strategy for Working Street Children, 2011. However, the Committee noted, that children in Afghanistan are engaged in child labour and often in hazardous conditions, including in agriculture, carpet weaving, domestic work, street work, and brick making. Moreover, 27 per cent of children between the ages of 5 and 17 years (2.7 million children) are engaged in child labour with a higher proportion of boys (65 per cent). Of this, 46 per cent are children between 5 and 11 years of age. At least half of all child labourers are exposed to hazardous working conditions such as dust, gas, fumes, extreme cold, heat or humidity. Moreover, 56 per cent of brick makers in Afghan kilns are children and the majority of these are 14 years of age and below.

The Committee notes that the Government’s report contains no new information in this regard. The Committee once again notes with concern that a significant number of children under the age of 14 years are engaged in child labour, of which at least half are working in hazardous conditions. The Committee therefore urges the Government to strengthen its efforts to ensure the progressive elimination of child labour in all economic activities, both in the formal and informal sectors, and requests that the Government provide information on the measures taken in this regard, as well as the results achieved.

Article 2(1). Scope of application. The Committee noted that according to sections 5 and 13 of the Labour Law, read in conjunction with the definition of a “worker”, the Law applies only to labour relations on a contractual basis and, therefore, that the provisions of the Labour Law did not appear to cover the employment of children outside a formal employment relationship, such as children working on their own account or in the informal economy.

Noting the absence of information provided in this regard in the Government’s report, the Committee recalls that the Convention applies to all sectors of economic activity and covers all forms of employment and work, whether or not there is a contractual employment relationship. The Committee therefore requests, once again, that the Government take the necessary measures to ensure that all children, including children working outside a formal employment relationship such as children working on their own account or in the informal economy, benefit from the protection laid down by the Convention. In this regard, the Committee encourages, once more, the Government to review the relevant provisions of the Labour Law in order to address these gaps as well as to take measures to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy with a view to ensuring such protection in this sector.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee previously noted that section 13(2) of the Labour Law sets 15 years as the minimum age for employment in light work in industries and section 31 prescribes a weekly working period of 35 hours for young persons between 15 and 18 years of age. It observed that the minimum age for light work of 15 years is higher than the minimum age for admission to employment or work of 14 years, specified by Afghanistan.

Noting the absence of information provided in this regard by the Government, the Committee once again draws the Government’s attention to the fact that Article 7(1) of the Convention is a flexibility clause which provides that national laws or regulations may permit the employment or work of persons aged 13–15 years in light work activities which are not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received.

The Committee notes the lack of information contained in the Government’s report and recalls once again that Article 7(4) permits member States who have specified a general minimum age for admission to employment or work of 14 years to substitute a minimum age for admission to light work of 12–14 years to that of the usual 13–15 years of age (see General Survey on the fundamental Conventions, 2012, paragraphs 389 and 391). In view of the fact that a high number of children under 14 years of age are engaged in child labour in the country, the Committee once again requests that the Government regulate light work activities for children between 12 and 14 years of age to ensure that children who, in practice, work under the minimum age are better protected. The Committee also requests that the Government take the necessary measures to determine light work activities that children of 12–14 years of age are permitted to undertake and to prescribe the number of hours and conditions of such work, pursuant to Article 7(3) of the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Article 2(1), (4) and (5) of the Convention. Minimum age for admission to employment or work. In ratifying the Convention, Afghanistan specified a minimum age of 14 years for admission to employment or work within its territory, pursuant to Article 2(4) of the Convention.

The Committee notes once again, from the Government’s report, that according to section 13 of the Labour Law, no person under the age of 18 years shall be employed while a child of 15 years may be employed in light industries, and for trainees the minimum age is 14 years. The Committee, once again, draws the Government’s attention to Article 2(5) of the Convention, according to which each Member who has specified a minimum age of 14 years shall include in its reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date. Noting, once again, that there appears to be various minimum ages for admission to employment or work under the national legislation, which are higher than the minimum age of 14 years specified upon ratification, the Committee requests that the Government provide information on whether its reasons for specifying a minimum age of 14 years subsist.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that sections 4 and 17 of the Education Law of 2008 read together with section 5 provide for the free and compulsory education of children from age six to 14 years, which is in line with the minimum age for admission to work or employment specified by Afghanistan. However, the Committee noted that the net attendance ratio for primary education declined from 57 per cent to 55 per cent in 2013–14, estimating that 2.3 million primary school-age children miss out on education and that the large majority of these are from rural areas. Noting that the Government’s report does not contain any information in this regard, the Committee requests once again that the Government take the necessary measures to effectively implement compulsory education, especially in rural areas, as stipulated under sections 4 and 5 of the Education Act. It also requests, once more, that the Government take the necessary measures to decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in child labour.

Article 3(1) and (2). Hazardous work and determination of types of hazardous work. The Committee previously noted that section 13(2) and (4) of the Labour Law prohibits the employment of children under the age of 18 years in work injurious to their health and development. Sections 121 and 122 of the Labour Law further prohibit night work and overtime work by young persons under the age of 18 years. With regard to the determination of hazardous work, the Committee noted the Government’s indication that the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) and the Ministry of Public Health have jointly adopted a regulation, pursuant to section 120 of the Labour Law, prescribing a list of 244 physically arduous and harmful occupations prohibited to women and children, out of which 31 occupations are identified as worst forms of child labour that are prohibited to children under the age of 18 years. The Committee also noted that in 2014, the MoLSAMD adopted a list of 29 prohibited jobs for children under 18 years which include: (a) mining; (b) working in the iron furnace, garbage collection and recycling, slaughter houses, production of narcotic drugs, in workshops with dangerous chemicals, painting metal and wood, processing and mixing acid and battery charging, grinding salt and packing, and in garment factories; (c) working with ovens in bakeries and ovens in brick kilns, heavy machinery, fluid gas, insecticides; (d) working as porters, tractor drivers, in public transport; (e) working at heights; (f) working for more than four hours per day in carpet producing; and (g) using children for bonded labour and begging. The Committee once again requests that the Government provide information on the application in practice of the two regulations containing the list of hazardous types of work prohibited to children under the age of 18 years, including statistics on the number and nature of violations reported and penalties imposed.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that, in practice, children under the minimum age participate in artistic performances for a limited number of hours. It requested that the Government indicate if the national legislation allows exceptions to the prohibition of employment or work for such purposes as participation in artistic performances. Noting the absence of information provided in this regard, the Committee once again requests that the Government provide information on the measures taken or envisaged to establish a system of providing individual permits for participation of children in artistic performances as well as to regulate such performances, pursuant to Article 8 of the Convention.

Article 9(1). Penalties and labour inspectorate. The Committee observed that the Labour Law does not establish any penalties for the violations of its provisions, including for the employment of children and young persons. It further noted that, according to section 146 of the Labour Law, monitoring and compliance with labour laws, protection and safety measures, arduous work and jobs that are harmful to health, working hours and conditions, and wages are exercised by the Labour Monitoring and Guidance Authority of the MoLSAMD. The Committee notes that the Government’s report does not provide any information in this respect and therefore requests, once again, that the Government provide information on the functioning of the Labour Monitoring and Guidance Authority in monitoring the compliance with the child labour provisions, including in the informal economy. The Committee also requests that the Government provide information on the number of inspections carried out as well as the number of violations detected with regard to the employment of children and young persons and penalties imposed.

Article 9(3). Keeping of registers. The Committee previously noted that according to section 16 of the Labour Law, a copy of the employment contract of persons under the age of 18 years shall be kept by the employer and another copy shall be provided to the MoLSAMD but that the conditions/contents of the employment contract, as laid down by section 15 of the Labour Law, does not require the name and age of the employee. The Committee also noted the Government’s information that the MoLSAMD has developed a recruitment and work condition procedure with a view to preventing the illegal employment of children and young persons, and which requires the proper and detailed registration of the employment of children and young persons in permissible occupations.

The Committee notes the Government’s indication that the recruitment and work condition procedure developed by the MoLSAMD has now been referred for implementation to all recruitment agencies and that the procedure includes proper and detailed registration of young people under the age of 18 who are employed in different legally permissible occupations. The Committee requests that the Government indicate whether the requirements for registration of employment under the recruitment and work condition procedure include the requirement to register the age or date of birth of young persons under the age of 18 years.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the implementation of the various measures taken by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) to prevent child labour, including: the National Child Labour Strategy, 2012, followed by a National Action Plan to prevent child labour in brick kilns; a National Strategy for the Protection of Children at Risk; and a National Strategy for Working Street Children, 2011. However, the Committee noted, that children in Afghanistan are engaged in child labour and often in hazardous conditions, including in agriculture, carpet weaving, domestic work, street work, and brick making. Moreover, 27 per cent of children between the ages of 5 and 17 years (2.7 million children) are engaged in child labour with a higher proportion of boys (65 per cent). Of this, 46 per cent are children between 5 and 11 years of age. At least half of all child labourers are exposed to hazardous working conditions such as dust, gas, fumes, extreme cold, heat or humidity. Moreover, 56 per cent of brick makers in Afghan kilns are children and the majority of these are 14 years of age and below.

The Committee notes that the Government’s report contains no new information in this regard. The Committee once again notes with concern that a significant number of children under the age of 14 years are engaged in child labour, of which at least half are working in hazardous conditions. The Committee therefore urges the Government to strengthen its efforts to ensure the progressive elimination of child labour in all economic activities, both in the formal and informal sectors, and requests that the Government provide information on the measures taken in this regard, as well as the results achieved.

Article 2(1). Scope of application. The Committee noted that according to sections 5 and 13 of the Labour Law, read in conjunction with the definition of a “worker”, the Law applies only to labour relations on a contractual basis and, therefore, that the provisions of the Labour Law did not appear to cover the employment of children outside a formal employment relationship, such as children working on their own account or in the informal economy.

Noting the absence of information provided in this regard in the Government’s report, the Committee recalls that the Convention applies to all sectors of economic activity and covers all forms of employment and work, whether or not there is a contractual employment relationship. The Committee therefore requests, once again, that the Government take the necessary measures to ensure that all children, including children working outside a formal employment relationship such as children working on their own account or in the informal economy, benefit from the protection laid down by the Convention. In this regard, the Committee encourages, once more, the Government to review the relevant provisions of the Labour Law in order to address these gaps as well as to take measures to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy with a view to ensuring such protection in this sector.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee previously noted that section 13(2) of the Labour Law sets 15 years as the minimum age for employment in light work in industries and section 31 prescribes a weekly working period of 35 hours for young persons between 15 and 18 years of age. It observed that the minimum age for light work of 15 years is higher than the minimum age for admission to employment or work of 14 years, specified by Afghanistan.

Noting the absence of information provided in this regard by the Government, the Committee once again draws the Government’s attention to the fact that Article 7(1) of the Convention is a flexibility clause which provides that national laws or regulations may permit the employment or work of persons aged 13–15 years in light work activities which are not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received.

The Committee notes the lack of information contained in the Government’s report and recalls once again that Article 7(4) permits member States who have specified a general minimum age for admission to employment or work of 14 years to substitute a minimum age for admission to light work of 12–14 years to that of the usual 13–15 years of age (see General Survey on the fundamental Conventions, 2012, paragraphs 389 and 391). In view of the fact that a high number of children under 14 years of age are engaged in child labour in the country, the Committee once again requests that the Government regulate light work activities for children between 12 and 14 years of age to ensure that children who, in practice, work under the minimum age are better protected. The Committee also requests that the Government take the necessary measures to determine light work activities that children of 12–14 years of age are permitted to undertake and to prescribe the number of hours and conditions of such work, pursuant to Article 7(3) of the Convention.

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

The Committee notes the Government’s first report.

Article 2(1), (4) and (5) of the Convention. Minimum age for admission to employment or work. In ratifying the Convention, Afghanistan specified a minimum age of 14 years for admission to employment or work within its territory, pursuant to Article 2(4) of the Convention. The Committee notes that according to section 13 of the Labour Law, no person under the age of 18 years shall be employed while a child of 15 years may be employed in light industries. The Committee observes that there appears to be various minimum ages for admission to employment or work under the national legislation, which are higher than the minimum age of 14 years specified upon ratification. The Committee draws the Government’s attention to Article 2(5) of the Convention, according to which each Member which has specified a minimum age of 14 years shall include in its reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date. The Committee requests that the Government provide information on whether its reasons for specifying a minimum age of 14 years subsist.

Article 2(3). Age of completion of compulsory education. The Committee notes that sections 4 and 17 of the Education Law of 2008 provide for free and compulsory education up to intermediate level which constitutes a duration of nine years starting from the first grade to the completion of the ninth grade. According to section 5 of the Education Law, children from the age of six shall be enrolled in the intermediate level. The Committee observes that compulsory education which starts at the age of six shall be completed at the age of 14 years which is in line with the minimum age for admission to work or employment specified by Afghanistan.

However, the Committee notes that according to the Afghanistan Living Conditions Survey (ALCS), the net attendance ratio for primary education declined from 57 per cent in 2011–12 to 55 per cent in 2013–14. This suggests that an estimated 2.3 million primary school age children miss out on education. The large majority of these are from the rural areas. Noting that a large number of children under the age of 14 years are out of school, the Committee requests that the Government take the necessary measures to effectively implement compulsory education, especially in the rural areas, as stipulated under sections 4 and 5 of the Education Act. It also requests that the Government take the necessary measures to decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in child labour.

Article 3(1) and (2). Hazardous work and determination of types of hazardous work. The Committee notes that section 13(2) and (4) of the Labour Law prohibits the employment of children under the age of 18 years in work injurious to their health and development. Sections 121 and 122 of the Labour Law further prohibit night work and overtime work by young persons under the age of 18 years.

With regard to the determination of hazardous work, the Committee notes the Government’s indication that the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) and the Ministry of Public Health have jointly adopted a regulation, pursuant to section 120 of the Labour Law, prescribing a list of 244 physically arduous and harmful occupations prohibited to women and children, out of which 31 occupations are identified as worst forms of child labour that are prohibited to children under the age of 18 years. The Committee also notes that in 2014, the MoLSAMD adopted a list of 29 prohibited jobs for children under 18 years which include: (a) mining; (b) working in the iron furnace, garbage collection and recycling, slaughterhouses, production of narcotic drugs, in workshops with dangerous chemicals, painting metal and wood, processing and mixing acid and battery charging, grinding salt and packing, and in garment factories; (c) working with ovens in bakeries and ovens in brick kilns, heavy machinery, fluid gas, insecticides; (d) working as porters, tractor drivers, in public transport; (e) working at heights; (f) working for more than four hours per day in carpet producing; and (g) using children for bonded labour and begging. The Committee requests that the Government provide information on the application in practice of the two regulations containing the list of hazardous types of work prohibited to children under the age of 18 years, including statistics on the number and nature of violations reported and penalties imposed.

Article 6. Vocational training and apprenticeship. The Committee notes that according to section 13(2) of the Labour Law, a person who has reached 14 years of age may be employed as a trainee. Section 16 of the Labour Law requires that the training contracts of persons under the age of 18 years shall be signed by their legal representative and copies of which shall be given to the Ministry of Labour and Social Affairs. Moreover, according to section 78 of the Labour Law, the duration of job training shall not exceed two years and the hours and conditions of such training shall be determined by the relevant administration of the Ministry of Labour and Social Affairs.

Article 8. Artistic performances. The Committee notes the Government’s indication that in practice, children under the minimum age participate in artistic performances for a limited number of hours. However, there is no information with regard to the provisions under the national legislation which allow exceptions to the prohibition of employment or work for such purposes as participation in artistic performances. The Committee therefore requests that the Government provide information on the measures taken or envisaged to establish a system of providing individual permits for participation of children in artistic performances as well as to regulate such performances, pursuant to Article 8 of the Convention.

Article 9(1). Penalties and Labour Inspectorate. The Committee observes that the Labour Law does not establish any penalties for the violations of its provisions, including by the employment of children and young persons. It notes that according to section 146 of the Labour Law, monitoring and compliance with labour laws, protection and safety measures, arduous work and jobs that are harmful to health, working hours and conditions, and wages are exercised by the Labour Monitoring and Guidance Authority of the MoLSAMD. The Committee requests that the Government provide information on the functioning of the Labour Monitoring and Guidance Authority in monitoring the compliance with the child labour provisions, including in the informal economy. The Committee also requests that the Government provide information on the number of inspections carried out as well as the number of violations detected with regard to the employment of children and young persons and penalties imposed. The Committee finally requests that the Government provide information on any other legislation that establishes penalties for the offences related to the employment of children.

Article 9(3). Keeping of registers. The Committee notes that according to section 16 of the Labour Law, a copy of the employment contract of persons under the age of 18 years shall be kept by the employer and another copy shall be provided to the Ministry of Labour and Social Affairs. However, the Committee observes that the conditions/contents of the employment contract, as laid down by section 15 of the Labour Law, does not require the name and age of the employee. The Committee also notes the Government’s information that the MoLSAMD has developed a recruitment and work condition procedure with a view to preventing the illegal employment of children and young persons and which requires the proper and detailed registration of the employment of children and young persons in permissible occupations. The Committee requests that the Government indicate whether the requirements for registration of employment under the recruitment and work condition procedure include the requirement to register the age or date of birth of young persons under the age of 18 years.

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s statement in its report that despite a serious economic slowdown and pressures on the labour market mainly caused by a reduction in foreign assistance, an increasing number of young entrants to the labour market and lack of job opportunities, further exacerbated by the successful but difficult security and political transitions, Afghanistan remains committed to the full implementation of the Convention and that no specific category of economic activity or employment will be exempted from the minimum age requirement. The Committee also notes the detailed information provided by the Government, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182) on the implementation of the various measures taken by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) to prevent child labour, including: the National Child Labour Strategy, 2012 followed by a National Action Plan to prevent child labour in brick kilns; a National Strategy for the Protection of Children at Risk; and a National Strategy for Working Street Children, 2011, with the primary intention of providing support and assistance to children and young persons in the country. The Committee notes, however, that according to an ILO assessment report under the Roads to Jobs (R2) Project, entitled Child Labour assessment in Balkh and Samangan Provinces, December 2015, children in Afghanistan are engaged in child labour and often in hazardous conditions, including in agriculture, carpet weaving, domestic work, street work, and brick making. Moreover, according to the findings of the Afghanistan Living Conditions Survey 2013–14 (ALCS), 27 per cent of children between the ages of 5–17 years (2.7 million children) are engaged in child labour with a higher proportion of boys (65 per cent). Of this, 46 per cent are children between 5 and 11 years. At least half of all child labourers are exposed to hazardous working conditions such as dust, gas, fumes, extreme cold, heat or humidity. Moreover, according to the 2011 ILO Rapid Assessment Study on Bonded Labour in Brick Kilns in Afghanistan, 56 per cent of brick makers in Afghan kilns are children and a majority of these are 14 years and below. Observing with concern that a significant number of children under the age of 14 years are engaged in child labour, of which at least half are working in hazardous conditions, the Committee requests that the Government strengthen its efforts to ensure the progressive elimination of child labour in all economic activities. It requests that the Government provide information on the measures taken in this regard as well as the results achieved.

Article 2(1) of the Convention. Scope of application. The Committee notes that according to sections 5 and 13 of the Labour Law read in conjunction with the definition of a “worker”, the law applies only to labour relations on a contractual basis. The Committee therefore observes that the provisions of the Labour Law do not appear to cover the employment of children outside an employment relationship, such as children working on their own account or in the informal economy. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment and work, whether or not there is a contractual employment relationship. The Committee therefore requests that the Government take the necessary measures to ensure that all children, including children working outside an employment relationship such as children working on their own account or in the informal economy, benefit from the protection laid down by the Convention. In this regard, the Committee encourages the Government to review the relevant provisions of the Labour Law in order to address these gaps as well as to take measures to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy with a view to ensuring such protection in this sector.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee notes that section 13(2) of the Labour Law sets 15 years as the minimum age for employment in light work in industries and section 31 prescribes a weekly working period of 35 hours for young persons between 15 and 18 years. The Committee observes that the minimum age for light work of 15 years is higher than the minimum age for admission to employment or work of 14 years specified by Afghanistan. The Committee draws the Government’s attention to the fact that Article 7(1) of the Convention is a flexibility clause which provides that national laws or regulations may permit the employment or work of persons aged 13–15 years on light work activities which are not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It may also be recalled that Article 7(4) permits member States who have specified a general minimum age for admission to employment or work of 14 years to substitute a minimum age for admission to light work of 12–14 years to that of the usual 13–15 years (see General Survey on the fundamental Conventions, 2012, paragraphs 389 and 391). In view of the fact that a high number of children under 14 years are engaged in child labour in the country, the Committee requests that the Government regulate light work activities for children of 12 to 14 years of age to ensure that children who in practice work under the minimum age are better protected. The Committee also requests that the Government take the necessary measures to determine light work activities permitted to children of 12 to 14 years of age and to prescribe the number of hours and conditions of such work, pursuant to Article 7(3) of the Convention.

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

Minimum Age Convention, 1973 (No. 138) - Afghanistan (RATIFICATION: 2010)

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