Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 2 of the Convention. Legislation. The Committee previously noted that section 9 of the Labour Code does not contain a definition of “discrimination”. It notes the Government’s indication that any infringement of rights guaranteed under the legislation was considered to constitute discrimination. While noting this information, the Committee requests the Government to include in the legislation a definition of discrimination, with a view to facilitating the implementation of the Labour Code’s non-discrimination provisions. Such a definition should cover direct and indirect discrimination and include the prohibited grounds listed in Article 1(1)(a) of the Convention, as well as any other ground the Government may determine in accordance with Article 1(1)(b) such as, for instance, age, disability or health status. Please indicate any further developments in this regard.

The Committee notes that preparations are under way for the National Assembly to adopt new legislation on persons with disabilities, which, inter alia, will address vocational rehabilitation, training and employment of disabled persons. The Government may also wish to include in the new legislation provisions prohibiting discrimination in employment and occupation based on disability. The Committee requests the Government to provide information on the progress made in adopting the legislation concerning persons with disabilities.

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that women actively participate in the economic and social life of the country. The Committee would appreciate further information on the progress made in enhancing women’s access to education and employment. Recalling that the Convention specifically requires governments to ensure respect for the principle of equality of opportunity and treatment in employment under the direct control of the authorities, the Committee requests the Government to provide information on the measures taken or envisaged to promote and ensure women’s access to employment in the civil service, including in management positions. The Committee would appreciate if the Government would continue to provide statistical information on the number of men and women that have benefited from vocational training.

Awareness raising. Recalling its previous comments noting that further progress in realizing gender equality and non-discrimination is being held back, inter alia, by customary practices, the Committee notes from the Government’s report that awareness-raising and training activities concerning the Labour Code and with regard to equal access to training, employment and occupation of women, disabled persons and disadvantaged ethnic minorities took place through seminars and workshops. The Committee hopes that such awareness-raising and training activities will continue, with the support of the ILO and the United Nations system, and that workers’ and employers’ organizations will have an active role in this regard. Please continue to provide information on awareness-raising activities on gender equality and non-discrimination in employment and occupation.

Article 5. Special measures of protection. The Committee notes that the Government has not yet established a list of physically arduous or harmful work prohibited for women as envisaged under section 120 of the Labour Code. The Committee requests the Government to ensure that any future list does not contain exclusions that go beyond what is strictly necessary to protect women’s reproductive capacity, as special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society would be contrary to the principle of equality of opportunity and treatment. The Committee requests the Government to provide a copy of the list of work that is prohibited for women under section 120 of the Labour Code, as soon as it is adopted.

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