Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(b) of the Convention. Persons with disabilities. The Committee previously noted that section 15 of the Law on Rights and Benefits of Persons with Disabilities provides for equal rights for persons with disabilities in terms of social, economic and educational participation in society, among others. The Committee notes that, according to the Afghanistan Living Conditions Survey (ALCS) for 2016–17, the Central Statistics Organization recently indicated that while section 22 of the Law establishes a 3 per cent employment quota for persons with disabilities in the public sector, in practice, they only represented 0.17 per cent of public sector employees according to the most recent statistics of 2012. It further notes that the Afghanistan Independent Human Rights Commission (AIHRC) recently indicated that persons with disabilities have considerably lower levels of literacy (19.7 per cent) and that while section 20 of the Law provides that the Government shall ensure vocational training, only 10 per cent of those who were interviewed received such training (AIHRC, Report on the situation of the rights of persons with disabilities in Afghanistan, June 2016). The Committee requests the Government to provide information on any measures taken or envisaged, in the framework of the Law on Rights and Benefits of People with Disabilities or otherwise, to facilitate vocational training and promote employment opportunities of persons with disabilities, both in the private and public sectors, including by ensuring the effective implementation of existing legislation concerning vocational training and employment quota. The Committee requests the Government to provide information on the employment rates of persons with disabilities, disaggregated by sex, occupation and economic sector, as well as on any complaints regarding employment discrimination based on disability brought before the competent authorities, and the outcomes including the remedies granted. It again requests the Government to provide a copy of the Law on Rights and Benefits of Persons with Disabilities.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Civil service. The Committee takes note of the adoption of the Election Law approved on 22 August 2016, which reserves at least 25 per cent of seats for women representatives in the provincial, district and village councils. While noting the Government’s indication, in its reports, that the 27 gender units, active in all the ministries are involved in the recruitment of civil servants, the Committee notes that several United Nations (UN) bodies expressed concern about the lack of adequate human, technical and financial resources allocated to them (Report of the UN Special Rapporteur on violence against women, its causes and consequences, 12 May 2015, A/HRC/29/27/Add.3, paragraphs 9 and 3 and CEDAW/C/AFG/CO/1-2, 30 July 2013, paragraph 18). It further notes that, according to the national Central Statistics Organization, in 2016, women represented only 22.5 per cent of public sector employees and 7.5 per cent of those employed in the third grade or higher position. It notes that the AIHRC highlighted that women, who represented only 1.8 per cent of the total police officers and 0.83 per cent of the persons employed in the national army, are employed in lower positions and face discrimination in the enjoyment of labour rights and privileges, as well as regarding opportunities for capacity building and vocational training (AIHRC, Report on the situation of women employed in defence and security sectors, 9 December 2017). The Committee requests the Government to provide information on any measures taken or envisaged to meet its target of 30 per cent of women in the public service by 2020 set in the National Action Plan for Women of Afghanistan (NAPWA) 2007–17, and to promote the principle of equality of opportunity between men and women in the public sector. It requests the Government to provide information on the activities of the gender units, including the results of any studies and reports on the impact of such activities. Please also provide statistical information on the participation of men and women in the public sector, disaggregated by occupational categories, positions and age.

Private sector. The Committee notes that, according to the ALCS for 2016–17, the situation of women has deteriorated, as the labour force participation rate of women decreased from 29 per cent in 2014 to 26.8 per cent in 2017 (against 80.6 per cent for men), and that women are still largely restricted to low-paid and informal employment. It notes that the Central Statistics Organization recently indicated that the share of women in decision-making only increased from 9.9 per cent in 2013 to 10.7 per cent in 2016, and pointed out that discrimination against women and the lack of adequate educational qualifications hinder women progress in decision-making positions (“Women and Men in Decision Making”, 2016, Phase III, pp. 9, 20, 27 and 77). The Committee notes that, in its National Labour Policy for 2017–20, the Government recognized that opportunities for women in the labour market are restricted not only by capacity and economic factors, but also by social and cultural factors, and that the Government commits to remove barriers to women’s employment and to improve women’s economic conditions and gender equality in the labour market, mainly through vigorous implementation of ILO ratified Conventions. The Committee notes that, on 8 March 2017, the Government launched a National Priority Programme on Women’s Economic Empowerment, which aims at expanding women’s access to economic resources, and promoting legal and policy frameworks to promote women’s rights. To this end, the Executive Committee on Women’s Empowerment was established on 8 August 2017 to facilitate high-level coordination among the stakeholders. The Committee requests the Government to provide information on the measures taken and the programmes implemented, under the National Labour Policy 2017–20 and the 2017 National Priority Programme on Women’s Economic Empowerment, to promote gender equality in the labour market and enhance women’s access to employment and self-employment, including by removing social and cultural barriers, as well as on the results achieved in this regard. It further requests the Government to provide information on the composition and activities of the Executive Committee on Women’s Empowerment. The Committee requests the Government to provide statistical information on the participation of men and women in the private sector, disaggregated by sector and occupational categories including decision making positions.

Awareness raising. The Committee notes the Government’s indication that the Ministry of Women’s Affairs, in collaboration with other public institutions and international agencies, has organized several public information workshops, seminars and campaigns to promote the principle of the Convention, in order to create awareness about the importance of women’s education, and economic, social and political empowerment and participation. The Committee requests the Government to continue to provide information on the content of the activities organized and the materials distributed to raise awareness of government officials, judges, workers, employers, and their organizations, on the principle of the Convention, as well as to actively combat gender bias and sexist stereotypes concerning the vocational aspirations and capabilities of women and their suitability for certain jobs. It requests the Government to indicate whether any cooperation or joint activities have been undertaken together with the employers’ and workers’ organizations.

Enforcement. The Committee notes that section 35 of the Law on the Elimination of Violence against Women (EVAW), 2009, which provides that a person who violates women’s rights to education or to work, among others, shall be sentenced to short-term imprisonment not exceeding six months, was firstly incorporated into the revised Penal Code in March 2017, and then removed on the instruction of the Government, as a result of pressure exerted by some members of the Parliament, which left the status of the EVAW Law in a state of uncertainty. Noting that, in the National Labour Policy for 2017–20, the Government recognizes laxity in the enforcement of labour-related legislation and that, in its concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the fact that decisions of informal justice mechanisms are discriminatory against women and undermine the implementation of existing legislation and recommended to enhance women’s accessibility to the formal justice system (CEDAW/C/AFG/CO/1-2, 30 July 2013, paragraphs 14 and 15), the Committee requests the Government to provide information on any gap concerning the application of the principle of the Convention or the relevant provisions of the Labour Law that would have been revealed by labour inspections, as well as information on any appropriate actions taken or envisaged in this regard. It further requests the Government to provide information on any measures taken or envisaged to enhance women’s accessibility to the formal justice system, as well as on any cases of discrimination dealt with by the courts or any other competent authorities, including information on sanctions and remedies provided.