Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Afghanistan (Ratification: 2010)

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

Repetition

Articles 1, 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the information provided in the Government’s first report. The Government indicates that the most representative organizations of employers and workers for purposes of the Convention are: the Afghanistan Chamber of Commerce and Industries (ACCI), the National Union of Afghanistan Workers and Employees (NUAWE) and the Central Council of Labour Unions of Afghanistan (CCLUA). With respect to the application of Article 2 on procedures to ensure effective consultation with respect to matters set out in Article 5(1), the Government refers to the High Labour Council, a high-level tripartite consultation mechanism envisaged under section 145 of the Labour Law of Afghanistan. The Committee notes that the regulation for the establishment of the High Labour Council was developed by a tripartite consultative committee that was also tasked with the revision of the Labour Law, and adoption of the regulation is still pending. The Government explains that, during this period, all matters concerning labour administration are handled in regular consultation with the social partners. It further indicates that, following consultations with the social partners in 2016 and at their request, the Ministry of Labour, Social Affairs, Martyrs and the Disabled (MoLSAMD) established a tripartite working committee tasked with the responsibility of reporting on the implementation of the Convention. The Government adds that the tripartite working committee holds meetings on the matters set out in Article 5(1) on a regular basis. In this regard, the Committee notes that the Government has not provided information on the frequency, nature and outcome of the discussions held in the tripartite working committee on the matters enumerated in Article 5(1)(a)–(e). The Committee requests the Government to provide information on the composition of the Tripartite Consultative Committee and the date on which it became operational. The Committee also requests the Government to provide information on the status of the regulations establishing the High Labour Council and to submit copies once they are adopted. The Committee requests the Government to provide information on the activities of the Tripartite Working Committee and the High Labour Council relevant to the matters covered by Article 5(1) of the Convention, indicating the content and outcome of such consultations.

Article 3. Selection of representatives. Representation of employers and workers on an equal footing. The Government indicates that there is a free and fair ad hoc arrangement between the MoLSAMD and the social partners for the temporary management of the choosing of representatives of employers and workers. More specifically, the social partners freely nominate representatives of workers and employers upon request for nominations from the MoLSAMD. The use of this mechanism for choosing representatives of employers and workers for tripartite consultation procedures will continue until the High Labour Council officially starts its work and a proper selection procedure (in accordance with Article 3) is established for partner representation. The Committee requests the Government to provide up-to-date and detailed information on the manner in which representatives of employers and workers are chosen for the purposes of the Convention once the High Labour Council officially starts its work and a proper selection procedure is established for partner representation. The Committee further requests the Government to provide information on the manner in which it is ensured that employers and workers are represented on an equal footing on the tripartite bodies referred to by the Government.

Article 4. Administrative support. Training on consultative procedures. The Government indicates that, represented by MoLSAMD only in labour administration related matters, it provides administrative support for the consultation procedures provided for in the Convention. The Committee requests the Government to describe the manner in which effect is given to this Article of the Convention.

Article 6. Annual report. The Government indicates that effective reporting deadlines and mechanisms for the development of the annual report contemplated under Article 6 are not yet in place. It adds that Afghanistan has asked the ILO Office in Kabul for technical assistance in this regard, particularly with organizing a capacity-building workshop on reporting for purposes of the Convention. The Committee notes the consensus reached by the tripartite partners on the establishment of a technical committee consisting of representatives of the social partners, so that the report may be developed in a consultative manner. The Committee requests the Government to provide updated information in its next report on the manner in which effect is given to this Article of the Convention, including information on the activities of the technical committee.