Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

1. At its previous session, the Committee expressed its hope that the transitional process on which Afghanistan has embarked after the end of the Taliban regime would soon lead to peace, political stability, reconstruction, as well as the establishment of institutions truly reflecting the diversity of the country, with the full and equal participation of women. The Committee stressed the importance of making the application of the Convention an integral part of this process. It also considered that 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, are fundamental to rebuilding a multi-ethnic society on the foundations of respect, understanding and tolerance.

2. The Committee notes the establishment of a Transitional Administration at the closing of the Emergency Loya Jirga in June 2002. While being concerned that insecurity and violence, particularly outside the capital, continue to threaten the recovery process, the Committee is encouraged by certain signs of progress, such as the return of many women and girls to schools, universities and employment, and the establishment of a Ministry for Women’s Affairs and an independent Human Rights Commission. It also notes the assistance provided by the international community with regard to promoting gender equality, including through the International Labour Office. Given the long history of discrimination against women in Afghanistan and its continuing existence as evidenced, for instance, by incidents of continuing resistance against girls’ education, the Committee hopes that the Transitional Administration will make every effort to promote and protect the human rights of women and girls throughout the country, including in respect to education, training, employment and occupation. While noting that under the Bonn Agreement existing laws will be applicable to the extent that they are not inconsistent with the Agreement or with Afghanistan’s international legal obligations, the Committee once again urges the Transitional Administration and its successors to repeal expressly all existing laws, regulations and instructions that restrict the access of women and girls to education and employment, as they are contrary to the Convention.

3. Noting also the creation of a Constitutional Drafting Commission (UN document A/57/487 of 21 October 2002), the Committee trusts that the constitutional process under way will take Afghanistan’s obligations under the Convention fully into consideration and that the future constitution will establish the equal status of men and women, including equal rights, opportunity and treatment, and will provide for a prohibition of discrimination in employment and education on all the grounds enumerated in the Convention. It therefore asks the Transitional Administration to bring the Convention to the attention of the drafters of the new constitution and to take the necessary measures to declare and pursue, in law and practice, a national policy designed to promote equality of opportunity and treatment in employment and occupation as envisaged under Articles 1 and 2 of the Convention.