Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the Government’s indication that a tripartite consultative group met to discuss labour law reform, with a view to making working conditions better for all, including women, and that draft Regulations have been finalized and sent to the Ministry of Justice. The Committee notes, however, that the report provides no information regarding whether the tripartite consultative group addressed specifically the issue of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government, once again, to provide information on the activities and recommendations of the tripartite consultative group with respect to the principle of equal remuneration for men and women for work of equal value and on reducing the wage gap.

The Committee notes, however, that the Government’s report is substantially the same as its previous report, and has not replied to the following points in its previous observation:

Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indication that Afghanistan’s Decent Work Country Programme covers the principle of equal remuneration for work of equal value. However, the Government does not give any specific information on measures taken or envisaged to include provisions in the Labour Law which would reflect the concept of equal remuneration for “work of equal value”. The Committee recalls the importance of providing for the right of men and women to receive equal remuneration for “work of equal value” in order to allow a broad comparison between jobs performed by men and women that may be different but nonetheless of equal value, and that legislative provisions that do not give expression to the concept of “work of equal value” hinder progress in eradicating gender-based pay discrimination. The Committee also recalls that the definition of remuneration should include not only the ordinary, basic or minimum wage or salary but also any additional emoluments whatsoever, payable in cash or in kind, as stipulated in Article 1(a) of the Convention. The Committee therefore asks the Government to take steps to adopt specific legislative provisions explicitly providing for equal remuneration between men and women for work of equal value and to provide information on the progress made in this regard.

Public service. The Committee notes the Government’s indication that a salary scale has been established in Annex I of the Civil Servants Law, taking into consideration the social situation as well as the national economic development, and the financial situation of the Government. The Committee draws the Government’s attention to the fact that the method used to set salary scales must be free from gender bias and that it is important to ensure that there is no direct or indirect discrimination in the selection of factors for comparison, the weighing of such factors and the actual comparison carried out. In order to better assess the method used to establish the salary scales in the public service, the Committee asks the Government to provide detailed information concerning the method and factors used to determine salary scales for public service employees, and to forward the latest version of the Civil Servants Act as well as its annexes.

Raising awareness of the principle of the Convention. The Committee welcomes the Government’s efforts to continue raising awareness of the principle of the Convention through various measures including organizing training programmes for government officials, workers, employers, judges and civil society, disseminating material on equal remuneration for women and men and organizing workshops for the gender units of ministries on women workers’ rights under the Labour Law. The Committee asks the Government to continue providing information on awareness raising activities carried out to promote the principle of the Convention, including information on the impact of such activities on reducing the gender pay gap. Please also provide information on the content of the training offered to government officials, workers, employers, judges and civil society.

Statistics. The Committee asks the Government to provide statistics on the earnings of men and women by sector and occupation, and any statistics or analysis on the gender pay gap.

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