Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

1. Over several years, the Committee has noted with increasing concern the deteriorating situation in Afghanistan and the communications of the International Confederation of Free Trade Unions (ICFTU) alleging grave violations of the Convention by the Taliban authorities. The Committee expressed its growing outrage at the persistence of gross and systematic violations of human rights in Afghanistan, particularly the severe restrictions on women’s education, of all types and at all levels, and on their employment outside the home. The impact of these restrictions has been felt most profoundly in urban areas where women previously worked in all sectors of employment, including in scientific, academic and technical fields as well as in government positions. The Committee noted that the explicit policy of discrimination against women resulted in women’s widespread poverty, low literacy levels, lack of opportunities to participate in public life and limited access to heath-care facilities, as well as beatings and public humiliation. The Committee had also commented on severe discrimination in employment (on the basis of political opinion) against intellectuals, community leaders, former army officers and civil servants, and on the need to protect members of ethnic minorities from discrimination in employment and occupation.

2. The Committee is aware of the changing situation in Afghanistan and hopes that the recent negotiations will lead to peace, recovery and reconstruction. Noting the statement of the Secretary-General of the United Nations that it will be necessary to make previously excluded groups, particularly women, full participants, the Committee points to the importance of making the application of the Convention an integral part of this process. The principle of non-discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin and the promotion of equality, as provided for in the Convention, is fundamental to rebuilding a multi-cultural society on the foundations of respect and tolerance. The Committee, therefore, urges the new authorities to assume full responsibility under the Convention and to take measures to prohibit discrimination on all grounds covered by the Convention. The Government is particularly urged to repeal all laws and regulations enacted by the Taliban authorities, restricting the access of women and girls to education and employment, which is contrary to the Convention.

3. The Committee hopes that the recent developments will soon lead to political stability and the establishment of institutions truly reflecting the diversity of the country and conducive to ensuring that the protection afforded by the Convention is fully enjoyed by all working men and women in Afghanistan. It urges the authorities to make every effort to declare and pursue, in law and practice, a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation as envisaged under Articles 1 and 2 of the Convention. The Committee would be grateful if the authorities would provide information in future on measures taken or planned in this respect and draws their attention to the possibility of having recourse to the technical cooperation of the International Labour Office.