Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Afghanistan (Ratification: 1969)

1. The Committee notes that, while the Government does not specifically reply to its previous request for information on how the present security situation is affecting the application of the Convention in practice throughout the country, the report does stress that, through the Interim Basic Principles (which replaced the abolished Constitution) and the Labour Code of 1987 respect is ensured in law for the principle of equality contained in the Convention. The Government adds that in practice no discrimination has been observed in access to education and training, access to employment and terms and conditions of employment, and that enforcement of labour rights is assured by the state organs, trade unions and other social organizations. The Committee would appreciate receiving from the Government information on the enforcement of the legal protection in practice, for example, copies of labour inspection reports, labour court judgements on equality issues, or copies of petitions from trade union organizations concerning the application of the Labour Code's non-discrimination provisions.

2. The Committee notes the information supplied by the Government on the types of training being offered, without discrimination between men and women. As it had also asked for a breakdown by sex of the number of graduates of technical, vocational and educational institutions (the total of graduates numbering some 15,000 over the last decade according to the Government's previous report), the Committee again asks for this data to be supplied with the Government's next report.

3. With regard to the national policy concerning non-discrimination in employment in the public service, the Committee notes from the Government's report that the Civil Servants Bill has not yet been reviewed by the Council of Ministers because some regulations were also under review. The Committee asks the Government to inform it, in its next report, of developments in the adoption of this new legislation, and to forward a copy of the text, and any accompanying regulations, once adopted.

4. With regard to the Committee's previous request for the list of underground work prohibited to women under section 127(3) of the 1987 Labour Code and copies of any other provisions restricting women from assuming particular jobs, the Committee notes the Government's statement that the list of jobs prohibited for women and minors is not yet finalized. The Government adds, however, that, in general, heavy work in factories, work prejudicial to health in laboratories, factories, hospitals and construction may be included on the list. The Committee refers the Government to paragraphs 144 and 148 to 150 of its 1988 General Survey on equality in employment and occupation, where the Committee discusses the scope of protective measures adopted on the basis of the sex of the worker. It looks forward to receiving the list of work prohibited for women, as promised by the Government.