Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Equal Remuneration Convention, 1951 (No. 100) - Afghanistan (Ratification: 1969)

Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee noted that while some of the provisions of the Labour Code (namely sections 8, 9(1), 59(4) and 93) read together provided some protection against discrimination based on sex with respect to remuneration, they did not reflect fully the principle of the Convention. The Committee wishes to point out that the concept of “work of equal value” in the Convention is essential to address discrimination between men and women with respect to remuneration, as it permits a broad scope of comparison between jobs performed by men and women that may be different but nonetheless of equal value. The Committee asks the Government to provide information on any steps taken to amend the Labour Code, so as to include a provision that would explicitly provide for the right of men and women to receive equal remuneration for work of equal value.

Article 1(a) of the Convention. Remuneration. The Committee notes from the Government’s report that the prohibition of discrimination between men and women with respect to the payment of wages and allowances covers “salary supplements” mentioned in the Labour Code.

With regard to the determination of remuneration in the public service, the Committee notes that the Government indicates that the new Civil Servants Law adopted in 2008, regulates remuneration and recruitment of public service employees on the basis of the principle of the Convention. The Committee would appreciate if the Government would provide more details on the method used to establish the salary scales in the public service, as well as a copy of the Civil Servants Law.

Raising awareness of the principle of the Convention. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), regarding awareness-raising activities, the Committee notes that advertising material, such as posters, on equal remuneration for women has been developed and disseminated in the capital and the provinces and that training seminars were organized for government officials, workers, employers, judges and non-governmental organizations on the rights of women, including their right to equal remuneration. It further notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights urges the Government to ensure equal remuneration for work of equal value and reduce the gender wage gap, and recommends that a mechanism be established to monitor, inter alia, the implementation of the rights of workers to equal pay for work of equal value (E/C.12/AFG/CO/2-4, 21 May 2010, paragraph 24). The Committee encourages the Government to pursue and intensify its efforts to promote the application of the principle of equal remuneration for men and women for work of equal value both in the public and the private sectors, and invites the Government to collaborate with workers’ and employers’ organizations in this respect.