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

Individual Case (CAS) - Discussion: 2023, Publication: 111st ILC session (2023)

Discussion by the Committee

Chairperson – The first case on our agenda is Afghanistan on the application of the discrimination (employment and occupation) Convention – that is, Convention No. 111. I now invite the representative of the accredited delegation of Afghanistan to the International Labour Conference.

Government representative – The Embassy and the Permanent Mission of Afghanistan to the United Nations (UN) and other international organizations in Geneva appreciate the work of the Committee of Experts and notes its findings on this specific matter. We also thank the ILO and the ILO Office in Kabul for its recent report on exploring the impact of discrimination against women on Afghanistan’s economy.

Between 2001 and 2021, Afghanistan made significant progress in tackling various kinds of discrimination and creating a legal framework that respected equality of men and women. Women had an important role in public life and the economy of Afghanistan. They could work in any field. There were women Vice-Presidents, Ministers, Members of the Parliament, Senior Judges, Ambassadors and Governors.

Just before 15 August 2021, 3.5 million girls were going to different educational institutions. Unfortunately, since 15 August and the military takeover of Afghanistan by the Taliban and the Doha Peace Process failure, women have systematically been discriminated against. A situation that the very recent reports of the Human Rights Council, the Special Rapporteur on the situation of human rights in Afghanistan and the Working Group on discrimination against women and girls have hinted is an apparent “gender apartheid”, which is unprecedented in the history of the world.

As the Committee of Experts rightfully mentions, there are numerous reports, resolutions and findings by the Security Council, the Human Rights Council, and other credible entities on the systematic violations of human rights in Afghanistan, which include the complete exclusion of women from public life and the violation of their rights, including the right to education and the right to work. As a result of these violations, a “gender apartheid” is being committed in Afghanistan.

I also want to draw the attention of the members of this Committee to the fact that the violations of human rights in Afghanistan do not end with the destruction of women’s rights. Men, minorities and other groups are also systematically discriminated against. Extrajudicial killings, arrests and dismissals of all judges, prosecutors and public administration officials, the influence on humanitarian organizations, and very recently the banning of women from working at the UN and in other international organizations, are recent examples of this discrimination.

Unfortunately, the enabling legislative and the legal environment that existed before does not exist anymore. The Taliban have nullified the Constitution and the other laws and are ruling by decree. The courts are filled with unqualified persons in the judiciary, which does not depend on the Constitution anymore.

With all this information in our hands, we understand that the international community, which has at its head the UN Secretary-General (António Guterres), is working tirelessly to put in place a framework of permanent peace and reconciliation of political process. This began in Doha at the beginning of May. We are hoping that this regional and international forum can find a solution for a political settlement in Afghanistan, so that we can get an inclusive and representative Government with which we can address not only the questions of discrimination at work, but all different kinds of discrimination, and the economic issues that Afghanistan is facing. And until that time, I would suggest the Committee of Experts and this Committee to defer the examination of the case of Afghanistan. If there are any questions, I will be happy to answer them.

Employer members – We take due note of the presence of the representatives of the previous Government of Afghanistan and their statement. Unfortunately, we must face the reality that if I lived in Afghanistan, I would not be here with you. I would not have been able to access this rostrum, simply because I am a woman, forbidden from having an occupation and prevented from moving around.

Since the Taliban took power in 2021, the situation of women and girls in Afghanistan has deteriorated dramatically. They no longer enjoy the fundamental rights enshrined in ILO Conventions, such as the prohibition of all forms of discrimination in Convention No. 111, which has nevertheless been ratified by Afghanistan. The comments made by the Committee of Experts give rise to serious concerns about the application of this Convention. I will begin by addressing the procedural aspects and then examine the main grievances.

Regarding procedure, Convention No. 111 is one of the ILO’s fundamental Conventions and therefore requires special attention and priority supervision. This fundamental Convention aims to guarantee human dignity and equality of opportunity and treatment for all workers, prohibiting any discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. Afghanistan ratified this Convention on 1 October 1969, as well as other ILO Conventions. It is therefore unacceptable that no written report has been submitted on the application of this fundamental Convention since 1 July 2016. Like the Committee of Experts, we are very concerned by this lack of cooperation from the authorities. The Committee of Experts has already commented on this case 22 times – that is, almost every year for three decades. Moreover, this is the third time that our Committee has analysed this individual case: in 1999, 2000 and again this year.

As to substance, this extremely serious case is marked by a double footnote. Drawing primarily on the recent and concordant observations of several high-level UN human rights bodies, the Committee of Experts strongly deplores the discrimination in education, vocational training and employment primarily against Afghan girls and women.

The first grievance concerns the systematic exclusion of women and girls from all education, vocational training and access to employment. Countries that have ratified the Convention have undertaken to apply a national policy of equality, with a view to eliminating any discrimination within the population. These countries must therefore repeal any legislative provisions, administrative instructions or practices that are incompatible with the national policy of equality. The authorities must take positive measures to ensure that women enjoy the same rights as men to access education, vocational training and employment. But what do we find in law and then in fact? In law: the fundamental rights of women and girls have been reduced to nothing since August 2021: women no longer enjoy freedom of movement; women are no longer allowed to work, including in the civil service; girls no longer have access to secondary and higher education; the Ministry of Women’s Affairs and the Human Rights Commission have been dissolved; the prosecution offices and courts responsible for combating violence against women have been closed.

In practice, discrimination, harassment and violence against women are commonplace and go unpunished. Because they are forbidden to work, women have lost their ability to support themselves. This fundamentally affects their human dignity. Now is the time for the fundamental rights of Afghan girls and women to be restored. For the good of Afghan society in general, and Afghan women in particular, immediate action must be taken to eliminate all legislation and practices that discriminate against girls and women in education, training and access to employment, as well as to prevent and combat all forms of harassment and violence targeting girls and women in this country.

The second grievance concerns the very broad terms of the law prohibiting discrimination at work. Section 9 of the Labour Law, both in the private and public sectors, does not cover in a sufficiently explicit and detailed manner all the grounds covered by the Convention (Article 1(1)(a)) – that is, “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin”. This legislative shortcoming has been mentioned for several years, without any improvement having been communicated to the ILO bodies by the Governments of Afghanistan. In a previous report, the Government had indicated that a draft Anti-Discrimination Law had been developed, which defined direct and indirect discrimination and prohibited discrimination in employment and occupation. We would like to know the current status of this draft Law. In any case, there is an urgent need to bring the national legislation into line with the Convention.

The third grievance concerns discrimination against girls and women with disabilities. Although section 15 of the of the Law of Rights and Benefits of Persons with Disabilities provides for equal rights for persons with disabilities in terms of social, economic and educational participation, the Human Rights Council expressed deep concern at the situation currently faced by girls and women with disabilities who are often subject to multiple, aggravated or intersecting forms of discrimination and disadvantages. The Committee of Experts reiterated its call for specific actions to be taken in order to facilitate access to education and vocational training and promote employment opportunities of persons with disabilities, in particular girls and women, both in the private and public sectors. Afghan society urgently needs to put an end to this double discrimination in law and in practice.

The fourth grievance concerns discrimination in access to justice. The High Commissioner for Human Rights found that, from August 2021, the legal and justice systems became dysfunctional and justice-level personnel were side-lined. The "de facto authorities" then gradually set up a country-wide justice system and courts, which are now based on Islamic law. This reform of the justice system does not, however, offer guarantees of respect for the fundamental human rights and freedoms guaranteed in customary international law and human rights treaties. We therefore urge that all necessary steps be taken to ensure access to non-discriminatory formal justice mechanisms and effective remedies. The "de facto authorities" are urged to respect the principles of non-discrimination and equality themselves. It is also their duty to raise public awareness of these fundamental principles.

To conclude, we can only encourage Afghanistan to review and revise, with the social partners, the laws and practices deemed discriminatory against girls, women and minorities, particularly ethnic and religious minorities. Technical assistance from the International Labour Office should be sought for this purpose. Lastly, capacity-building for all parties (authorities, companies, trade unions and workers) on combating discrimination must be actively encouraged and supported.

Worker members – We are discussing the case on Afghanistan in unusual circumstances, given the absence of international recognition of the authorities in place, and in the presence of a Government representative accredited to this Conference. These circumstances are troubling to say the least, as we are accustomed to addressing our comments to recognized authorities who are in a position to influence the situation.

Our discussions should nevertheless have some merit, if only to stress the gravity of the situation and the concerns that it gives rise to. It will be for us to envisage concrete ways of improving the situation on the ground, while taking into account the country’s position in the international community.

The issues raised by the Committee of Experts revolve around three points. First, there is the absence of a report since 2019, which does not make it any easier for the Committee of Experts to examine the situation. The main point raised by the Committee of Experts concerns the structural discrimination against women. This discrimination seriously obstructs their access to education, training and employment. And this situation follows a period during which some improvements were made. However, since the change of regime in August 2021, the return of the old regime has resulted in a return to past practices and policy choices, and these practices are based on systematic discrimination against women. As the Committee of Experts points out, these practices constitute a clear violation of the Convention and the fundamental principle of equality between women and men.

Women have been excluded from the workforce. They are also absent from the public administration, where all members are men. Since September 2021, women and girls have been denied access to secondary and higher education. Even where girls have been allowed to attend schools, instruction has been restricted due to the absence of women teachers.

The Ministry of Women’s Affairs and the Afghanistan Independent Human Rights Commission have been disbanded. Specialized courts addressing the elimination of violence against women and prosecution offices have also been closed, thus leaving women without access to justice.

I will not dwell on the other two points, which are covered by the comments by the Committee of Experts, namely the inadequacy of the definition of the concept of discrimination in Afghan law and the lack of a mechanism for access to formal justice. I will not dwell on these issues because, despite their importance, they are the consequence of the structural discrimination that we have outlined and that is repeatedly condemned by other UN bodies.

The Worker members will pay particular attention to any suggestions made during our discussions aimed at resolving the issues raised.

Worker member, Afghanistan – I speak as President of the ‎National Union of Afghanistan Workers and Employees (NUAWE), the largest trade union confederation in Afghanistan. Since the takeover of my country by the Taliban in August 2021, many trade union leaders, including myself, have been forced to relocate and leave the country.

During the past 20 years, the people of this country have improved the rights and well-being of the people of Afghanistan, whose lives had been devastated under the previous rule of the Taliban between 1996 and 2001. Afghanistan was progressing towards democratization and promoting the status of women, which can be clearly seen from the presence of 64 women in Parliament, 17 women in the Senate, 4 women in Cabinet, 4 women ambassadors, and 261 women judges in the courts and judiciary under the previous administration. Some 1,500 women were working as defence lawyers, 2,500 women as journalists in private free media, 3,650 women in the security forces. Some 3.5 million girls were engaged in education, and thousands of women were working in the private sector, altogether constituting 30 per cent of the labour force in the Afghan labour market.

Unfortunately, the takeover of the country by the Taliban in 2021 has reversed the course of the development of our country. Since 15 August 2021, the people of Afghanistan have been living in a legal vacuum. The interim Cabinet of Taliban has declared the country’s Constitution, Parliament, and hundred-year-old laws invalid: the Afghanistan Labour Code, the Elimination of Violence against Women Law, the regulation of women’s support centres and the Child Rights Protection Law, which stipulated fundamental rights and equality of treatment and opportunities between men and women, are no longer applicable. In September 2021, the Taliban closed the Ministry of Women’s Affairs and replaced it with the Ministry of Prosperity and Prohibition, which had existed under their previous regime to police the behaviour of citizens and enforce a strict interpretation of Sharia according to Taliban’s interpretation.

Twenty decrees have been announced by the Taliban to impose their religious beliefs, as well as the way of life, attire, and ethics based on the Taliban’s interpretation of Sharia. Non-observance of these set of rules is not tolerated. Penalties, including corporal punishments, are imposed.

Women have been effaced from the public sphere. They are prohibited from receiving education, going to work, or even going to parks, markets, spas or traveling within and outside the country. The Taliban Ministry of Prosperity and Prohibition and the Ministry of Information and Culture have imposed restrictions on the role of women in publications, broadcasting series and films, and banned some on the grounds that they do not comply with the rules.

Since September 2021, the return of all Afghan girls over the age of 12 to school has been banned: 1.1 million girls and young women do not currently have access to formal education. Currently, 80 per cent of Afghan girls and young women who are eligible for school – roughly 2.5 million – have been thrown out of school. Thirty per cent of girls in Afghanistan have never entered primary education. In December 2022, university education for women was suspended until further notice, affecting more than 100,000 female students who were studying in public and private higher education institutions.

The economic crisis has worsened the situation for women, minors and those marginalized in the country. Presently, at least 90 women have been arrested, imprisoned and abused by the Taliban in three northern provinces – in the Faryab, Samangan and Jawzjan provinces – under various allegations of breaching the Taliban-imposed Islamic laws and rules. They remain in prison without any investigative procedure, legal representation or trial. Sixteen of them have fallen pregnant due to rape. Forced abortions in local hospitals have also been reported.

LGBTI persons in Afghanistan continue to face grave human rights violations perpetrated by the Taliban, including threats, targeted attacks, sexual assaults, arbitrary detentions and other violations. Many LGBTI persons remain fearful that past discriminatory practices by the Taliban will resurface. These, historically, included the death penalty for those believed to be engaging in same-sex relations. Many LGBTI persons remain in hiding, fearing a risk to their lives.

The space for free media shrank drastically as the Taliban created an increasingly intimidating environment, forcing many media outlets to close. Journalists face growing restrictions including arbitrary arrest, unlawful detentions, and torture for reports criticizing the Taliban, leading many to self-censorship. Journalists are beaten and face other forms of torture while detained. Many journalists have fled the country. Women television reporters are forced to cover their faces almost completely. The Afghanistan Independent Human Rights Commission (AIHRC), the national human rights institution, remains closed, and the space for civil society organizations to document and report on human rights has shrunk significantly. Independent human rights groups are unable to work freely. The Taliban arrest and unlawfully detain those who criticize them on social media. The Taliban dismantle any space for peaceful assembly, demonstration or gathering. The Taliban police uses excessive and unnecessary force against demonstrators, and peaceful protesters are arbitrary arrested, detained, tortured and forcibly disappear. Detained protesters face physical and psychological torture. Family members prevent their female relatives from protesting out of fear of repercussions, further shrinking the space for freedom of assembly. Democratic and human rights institutions have been shut down or have ceased to operate.

NUAWE is the only trade union, at the national level, defending the rights of male and female workers, and promoting gender equality through training and programmes. The Taliban have refused to return the trade union assets, offices and properties of NUAWE, which had been seized under the previous Government. It has become impossible for our affiliates to operate or pursue normal activities to redress gender-based violations. The Supreme Labour Council and the commission for resolving disputes arising from work have ceased to function. Social dialogue, which is one of the essential means for solving labour disputes and promoting an inclusive economic and social policy framework in the country, has also been paralyzed.

Since 2021, 97 per cent of the population has been living below the poverty line. Some people have been forced to sell their body parts. Forced marriage of minor girls, as well as child labour of boys and girls engaging in hazardous work, has increased. The Taliban’s repeal of all the rights and equality of treatment and opportunities once enjoyed by the people of Afghanistan, and the absence of international intervention to stop it, poses a threat before this House to the enforcement of the fundamental labour Conventions in such a failed State.

We request the international community and the UN authorities to take practical and serious measures so that the people of Afghanistan – without discrimination based on sex, race, extraction or social origin, religion and political opinions – can have access to personal security, basic rights and freedoms, as well as employment, education and development opportunities.

Government member, Sweden – I have the honour to speak on behalf of the EU and its Member States. The candidate countries Albania, Bosnia and Herzegovina, North Macedonia, Republic of Moldova, Montenegro, Serbia, the EFTA countries Iceland and Norway, members of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights. We actively promote the universal ratification and implementation of the fundamental international labour standards. We support the ILO in its indispensable role to develop, promote and supervise the application of ratified international labour standards and of fundamental Conventions in particular.

The principle of equality and non-discrimination is a fundamental element of international human rights law. In the EU’s founding treaties and the Constitutions of the Member States, the prohibition of discrimination is a core principle. ILO Convention No. 111 is the translation of this fundamental human right to the world of work.

We are deeply concerned about the steep deterioration of the overall human rights and fundamental freedoms situation in Afghanistan since the Taliban forcefully took power in 2021. The Taliban have structurally and systematically violated the economic, social and cultural, political and civil rights of the people of Afghanistan, especially of women and girls. Afghanistan is the only country in the world that prohibits education beyond primary level for girls. We note with concern that lack of access to education hinders future possibilities of employment or income-generating activities for women and girls.

We are deeply concerned that women have been largely removed from the workforce, including in public administration, legal professions, and especially in sectors providing humanitarian aid and basic needs support, despite women’s role in providing humanitarian aid. We note the only country-wide exceptions of health and primary education. Excluding women from the workforce is not only unacceptable from a human rights’ perspective but also economically disastrous. We strongly condemn the Taliban’s decisions to ban Afghan women from working for international and national NGOs and UN agencies and bodies.

We strongly regret that the Ministry of Women’s Affairs and the Afghanistan Independent Human Rights Commission have been disbanded and that specialized courts addressing the elimination of violence against women and prosecution offices have also been closed. This leaves women without access to justice. According to the recent report of the UN Special Rapporteur on the situation of human rights in Afghanistan, women are particularly affected by human rights violations and restrictions, hindering the promotion of full, productive and freely chosen employment and therefore their ability to sustain themselves and their dependents. By early 2021, women-owned businesses were creating jobs, but by March 2022, 61 per cent of previously economically active women had lost their jobs or income-generating activities. Movement restrictions including the Taliban’s requirement that women travel with a male chaperone or a “mahram” and market closures prevent women in the informal sector from selling products in markets, and those who continue to work often face harassment and abuse.

We fully echo the call of the Committee of Experts to urgently remove bans, discriminatory practices and unequal treatment based on sex that hinder girls’ and women’s access to education, vocational training, employment and occupation and increase their exposure to sexual and gender-based violence. We share the Committee of Experts’ urgent requests to the de facto authorities in Afghanistan to provide information on measures taken and results in achieving equal participation of women in employment and education, including statistical data disaggregated by sex and occupation.

We also urge the de facto authorities in Afghanistan, in line with the Committee of Experts’ report, to undertake urgent actions required to ensure the implementation of specific measures to improve equal access to education at all levels, vocational training and employment opportunities for persons with disabilities, with a particular focus on girls and women in both the private and public sectors. We note that girls and women with disabilities are often subject to multiple, aggravated or intersecting forms of discrimination and disadvantages.

We are deeply concerned by the previously operating legal and justice systems becoming dysfunctional and the lack of a legal framework addressing discrimination in employment and occupation. Afghanistan must meet the obligation it committed itself to, by voluntarily and willingly ratifying international conventions and human rights treaties, including Convention No. 111. Therefore, it is essential to take all the steps required to explicitly define and prohibit discrimination based on at least all of the grounds listed in the Convention.

In support of and with respect to the interests of the Afghan people, especially women and girls, and in absence of a recognized Government, the EU has re-established a minimal presence in the country and continues to be a key donor in support of humanitarian and basic needs support to the Afghan people. We will continue to monitor the situation closely.

Government member, United Kingdom of Great Britain and Northern Ireland – I have the honour to deliver this statement on behalf of the United Kingdom, Australia, Canada and United States. The United Kingdom, Australia, Canada and the United States unequivocally condemn the human rights abuses taking place in Afghanistan. Since taking power, the Taliban have repeatedly and systematically undermined international human rights and failed to live up to their promises. We share the Committee of Experts’ deep concern at the deterioration of the situation of women and girls, as well as ethnic and religious minorities, in Afghanistan since 2021. Through a series of egregious decrees, the Taliban are subjecting women and girls to devastating, systematic discrimination, denying them their human rights and fundamental freedoms. This includes restrictions on access to education and training, freedom of movement, and employment.

We also express our concerns on the lack of legal framework explicitly defining and prohibiting direct and indirect discrimination as required by the Convention, to which Afghanistan has been a State party since 1969. The international community has a responsibility to hold the Taliban to account for their actions. The United Kingdom, Australia, Canada and the United States have repeatedly called on the Taliban to abide by international law, including by respecting the human rights and labour rights of all the citizens of Afghanistan and bringing an end to the repressive measures which will prevent Afghanistan from achieving longer-term stability and prosperity. We call on the Taliban to respect women and girls’ equal opportunity in employment and occupation, including access to education and vocational training. Not only is it an affront to the human rights of women and girls in Afghanistan, the Taliban’s pursuit of discriminatory practices is an act of harm against their own country, risking further unemployment, poverty, illiteracy, and skill shortages in critically needed professions. Women and girls’ public and economic participation and leadership are fundamental for stability and progress in Afghanistan. As women and girls make up half the workforce, their participation in public life is fundamental to the economic development of Afghanistan. Excluding half the population from social and economic spheres will only perpetuate the economic crisis affecting all Afghans.

We regret that Afghanistan has not provided a report to the Committee of Experts, especially in light of its urgent appeal in 2021. We strongly emphasize our support to the ILO in its request for Afghanistan to reply in full to the comments made in the Committee of Experts’ report. We will continue to work with like-minded countries to secure a better future for Afghan women and girls, where they are free to express themselves in the public sphere and pursue their educational interests and working lives.

Government member, Switzerland – Switzerland regrets that the issue of the application of the Convention in Afghanistan has to be discussed again before the Committee, despite the many observations made by the Committee of Experts and the dialogues held over the last 15 years.

Since autumn 2021, Afghan women and girls have seen their rights and fundamental freedoms violated on a daily basis, including their right to full, equal, meaningful and safe participation in all spheres of public life. These restrictions also affect other minorities. Switzerland condemns in the strongest possible terms the restrictions on access to employment and higher education imposed on Afghan women and girls and recalls that these measures violate their fundamental rights, in particular the principle of non-discrimination and the right to education for girls beyond the sixth grade.

For example, Afghan women are no longer allowed to work for NGOs or the UN, with negotiated exceptions, while secondary and higher education is forbidden for women and girls. These measures are contrary to the Convention, which aims to prevent, combat and eliminate all forms of discrimination in education, vocational training and access to employment. Furthermore, as Switzerland has already pointed out on several occasions in the Security Council, the restrictions on Afghan women working for NGOs and the UN hamper humanitarian assistance, which must be rapidly accessible to people in need under international law. This has a devastating impact on the entire Afghan population.

In this respect, Switzerland supports the conclusions and recommendations of the Committee of Experts and calls on the Taliban to amend their decisions and comply with the obligations set out in the Convention.

Employer member, France – We have known since the times of Plato that men and women are equal because they originate from a single being split in half, as recounted in the myth in the Symposium.

The case of Afghanistan is unfortunately simple. The Committee of Experts has examined the subject 22 times, and the case is now before our Committee for the third time. It is an extremely serious matter and is the subject of a double footnote. What does the Convention tell us? It is a fundamental Convention, which aims to guarantee human dignity and equal opportunities and treatment for all workers by prohibiting all forms of discrimination, including discrimination on the basis of sex.

According to the latest observations of the UN, the situation of Afghan women has deteriorated since the change of political regime in August 2021. You have already heard the list of violations of their fundamental rights, so I will just remind you that women and girls cannot move around freely and are not allowed to work, even in the public service. They are denied access to education, and discrimination, harassment and violence against women are commonplace and go unpunished, and so on. Who can claim that such a regime respects human rights?

There is an urgent need to restore the rights of Afghan women in terms of access to education, vocational training and employment. There is an urgent need to put an end to all discrimination against Afghan women, in order to bring national legislation into line with the provisions of the Convention, without forgetting the painful situation of women with disabilities. There is an urgent need to guarantee Afghan women access to a free and independent justice system, with respect for the fundamental freedoms enshrined in international law.

Of course, I am speaking here today as an Employer member of the ILO, but first and foremost as a human being. How can we remain silent in the face of the unjustly tragic situation suffered by these women and girls, who have been plunged alive into the depths of despair? We are beyond serious breaches of the provisions of the Convention, even beyond the violation of the most basic human rights. We are quite simply faced with a denial of the principles upon which our Organization is founded. For all these reasons and in the name of social justice, the Committee must take a very tough stance against a regime that tramples on human dignity to such an extent. Finally, I would like to conclude by quoting a French poet named Louis Aragon, who loved to open our minds, with this powerful phrase, which is never uttered without a hint of hope: “Women are the future of man”.

Government member, Japan – First, Japan would like to express gratitude to the Office and the Committee of Experts for their efforts in pursuit of the principles enshrined in the ILO Constitution.

Japan is deeply concerned about the deteriorating human rights’ situation that the Afghan people, especially women and girls, are facing and we strongly condemn the Taliban’s measures that restrict the rights of women and girls. It is important that the international community continue to engage with the Taliban in order to make positive changes. Japan continues to support Afghanistan to address the complex challenges faced by the Afghan people by using every opportunity, including through our direct contact with the Taliban.

As a responsible member of the ILO Governing Body, Japan strongly expects Afghanistan to provide the necessary explanations to the Office and all the ILO constituents. We request Afghanistan to address in good faith the points raised in the Committee of Experts’ report and to follow the procedure to be adopted by this tripartite structure.

Worker member, France – Almost two years ago, on 15 August 2021, the Taliban entered Kabul. A deathly veil descended over half of the country’s population. The situation with regard to unequal treatment and gender discrimination is terrifying. The Taliban want to erase women, to make them disappear. Nowhere else in the world is the suppression of women taken to such extremes.

Over the last 24 months, violations of the human rights of women and girls have progressively worsened. Despite initial promises that women would be allowed to exercise their rights under Sharia, including the right to work and study, the Taliban have systematically excluded women and girls from public life. Women have been prevented from entering parks and gymnasiums, among other public places. These are discriminatory measures from an era that Europe would like to forget.

After drastically limiting women’s and girls’ access to education and work during the first year of their reign, the Taliban continue to shock with new restrictions. At the end of 2022, they banned women from studying at universities. Previously, they had banned women from studying certain subjects such as veterinary science, engineering, economics and agriculture. The Taliban claim that women are not fit to be judges or lawyers because they do not know enough about Sharia. Excluded from the legal system, women have become targets of Taliban reprisals. In January 2023, the UN Special Rapporteur on the independence of judges and the UN Special Rapporteur on the situation of human rights in Afghanistan condemned the exclusion of women from the legal system, describing it as a “shameless act of discrimination”, and called on the international community to offer them protection and safe passage. And then, showing great cynicism, the de facto authorities informed the UN that no Afghan women were allowed to work for the UN in Afghanistan with immediate effect, and that the measure would be actively enforced. This decision extends the directive previously issued on 24 December 2022 prohibiting Afghan women from working for national and international NGOs.

Finally, to add to this unbearable litany, gender-based violence can barely be reported any more, because women can no longer go alone to a police station to report domestic violence. As women’s shelters have been closed by the Taliban, women and girls have lost their last safe havens. This has led to countless physical and psychosocial costs and risks for Afghan women, such as child marriage, depression and suicide due to exclusion and lack of prospects. The risk of falling victim to domestic violence has also increased. According to Amnesty International, there has already been an increase in child marriage, early marriage, forced marriage and fatal abortions since the change of power.

In view of these abuses against the female population, our Committee must immediately and unreservedly condemn the Taliban regime out of respect for the suffering of Afghan women.

Worker member, Philippines – We, the Nagkaisa Labour Coalition, International Trade Union Confederation (ITUC) affiliates in the Philippines, namely the Federation of Free Workers, the Central and the Trade Union Congress of the Philippines, as well as those with the All Philippine Trade Unions, stand in unshakable solidarity with the people of Afghanistan and unequivocally condemn the dangerously high and heart-breaking deterioration of human rights in this central Asian country.

The human rights situation in Afghanistan has declined sharply since the Taliban’s return to power in August 2021, despite the Taliban leadership’s public commitment to upholding and respecting human rights. Amnesty International and Human Rights Watch have repeatedly documented violations of international laws, including Convention No. 111, and serious human rights abuses carried out by the Members of the Taliban since then.

In an alarming development, according to Amnesty International, individuals who are publicly critical of the Taliban’s oppressive rule against women, and ethnic and religious minorities have been arrested and others have been killed extra-judicially. Many of these individuals are prominent advocates for civil liberties and equality, including Narges Sadat, a women’s rights defender; Professor Ismail Mashal, a champion for women’s education; Fardin Fedayee, a civil society activist; Zekria Asoli, an author and activist; Mortaza Behboudi, an Afghan-French journalist; former senator Qais Khan Wakili; and Afghan journalist Muhammad Yar Majroh. According to a recent Amnesty International update, only Professor Ismail Mashal has been reported released, a fact that magnifies our grave concern. The Taliban often provides no reasons for these arrests, and the whereabouts of the detainees frequently remain undisclosed, amounting to enforced disappearances.

The arbitrary arrest and silencing of human rights advocates is part and parcel of the discriminatory environment under which the continuous assaults on the rights of women and girls, and the targeted killings of ethnic Hazara people, are sanctioned to impair their access to equal treatment and opportunities.

Human Rights Watch said that the situation is further exacerbated by the threats faced by religious minorities from extremist groups such as the Islamic State of Khorasan Province (ISKP). The Hazara, a predominantly Shia ethnic group, have been subjected to numerous attacks by the ISKP, leading to the death of at least 700 people.

Worker member, Norway – I am speaking on behalf of the trade unions in the Nordic countries. Afghanistan is discussed here today under Convention No. 111. In addition to discrimination of women, there is also discrimination based on ethnicity and religion. Women continue to be discriminated in access to employment and job security. After the Taliban took over, severe restrictions have been imposed on women’s rights, including freedom of movement and access to education and employment. Women do not even have the right to justice. In addition, Afghanistan’s ethnic minorities and others who do not adhere to the strict interpretation of Sunni Islam are at grave threat of being a target of violence. Afghanistan was not a safe country where ethnic and religious diversity was respected under the previous Government. The situation has drastically deteriorated after the Taliban’s takeover.

Between August 2021 and June 2022, the UN in Afghanistan recorded 2,106 civilian casualties associated with religious intolerance by the Islamic State Khorasan Province (ISKP), which continued to carry out systematic and targeted attacks on minority ethnic and religious groups. The attacks included bombing religious and education centres and attacking public transportation taken by the minority groups. Such instances included an attack on a Sikh temple in Kabul on 18 June, and the bombing of an education centre in a primarily Hazara neighbourhood on 30 September. The latter killed at least 52 teenagers, mostly girls. The Taliban authorities have failed to investigate these attacks or take adequate steps to protect the ethnic religious minorities. Instead, security measures set up under the former Government to protect these minority groups have been removed.

In areas of ongoing armed resistance against the Taliban, civilians continue to face death, arbitrary arrest, torture, and restricted movement enforced by local Taliban authorities. Locals also report that the Taliban carried out forced evictions in these areas, particularly in Panjshir.

The ethnic and religion-based discrimination and violence in Afghanistan in no way comply with the obligations under the ratified ILO Conventions. We urge for an immediate stop to all forms of discrimination, violence and attacks on women, ethnic and religious minorities urgently.

Observer, Educational International (EI) – On behalf of teachers’ unions worldwide, Education International expresses deep concern regarding the status of teachers and the access to education for Afghan girls. Many comments have already been made about education, but I would like to stress the profound impact those developments have had on the personal and professional well-being of teachers.

The policies on education since August 2021 have been fragmented and often incoherent, making it difficult to obtain a comprehensive picture of the situation. Effective national and international independent monitoring has been challenging. Moreover, the Afghan media has been muzzled and censored, resulting in limited coverage of the real ongoing situation in education settings. Afghanistan has endured decades of devastating wars and has faced immense challenges in various aspects of life, including education. Throughout these difficult times, Afghan teachers have tirelessly served the youth with dedication. The past two decades have been marred by systemic corruption and mismanagement, squandering the financial assistance provided by the international community and pushing Afghan teachers to the brink of poverty.

The recent takeover by the Taliban has only exacerbated an already difficult context. The imposition of strict rules within the work environment, enforced transfers, and the ban on girls’ education have placed significant psychological and economic pressures on teachers, leaving them even more vulnerable. The decision by the Taliban to prohibit girls from pursuing education beyond the sixth grade and to segregate schools and teachers based on gender has had a profound impact. It is disheartening to note that despite initial promises of allowing adolescent girls to return to school, these commitments were never fulfilled. Instead, more and more restrictions on education in general, and on women and girls specifically, have been enforced. Tertiary institutions have been closed to female students and staff, and recently, women and girls have been denied the ability to leave their homes without a male chaperone, to work, or to participate in any aspect of life outside the home.

As a result, many female teachers have been forced to remain at home, while others have been compelled to work in schools located far away from their homes. This has significantly reduced their purchasing power, as they now have to spend a portion of their income on transportation costs. Furthermore, teachers have gone months without receiving their salaries due to the lack of cash in most banks, the waiting period for payments, and the devaluation of the Afghan currency. Also, retired teachers are not receiving their pension payments. This dire situation has led many teachers to abandon the profession. The right to education goes beyond simply opening schools. It encompasses the working conditions and payment of teachers, dress codes and conduct rules, access to teaching and learning materials, changes to the curriculum, gender segregation of classes and staff, and how schools are administered, not to mention their collective union and labour rights as workers.

We urge the ILO and the Government of Afghanistan to take immediate and decisive action to ensure that the rights at work of teachers, both female and male, are protected, their financial security is restored, and that the future of education in Afghanistan is not compromised.

Observer, IndustriALL Global Union – I am speaking here on behalf of IndustriALL Global Union. My organization and my affiliates around the world are extremely concerned about the future of Afghanistan under Taliban control, particularly human and labour rights, as well as the situation for women and girls. Women are in permanent danger. Over the last 20 years, they gradually won back some of their rights, only to see their fight for dignity reduced to nothing in a few hours. We consider it outrageous that the Taliban bans most education for girls and women, imposing brutal punishments and confining women to their homes unless a male family member escorts them. Attacks on woman at work and in education have resumed, as have forced marriages. Their lives, their dignity and their integrity are very seriously threatened. Trade unionists are also prime targets of this regime. As soon as they arrived in Kabul, the Taliban confiscated the property of the trade unions and banned their activities, accusing them of violating Islamic laws. The Taliban have repealed laws and removed institutions that guaranteed equality and provided remedies towards the elimination of harassment and violence against women, and an end to discrimination in vocational training, employment, and occupation.

Therefore, we call on Afghanistan to reinstate a legal framework explicitly defining and prohibiting direct and indirect discrimination based on at least all the grounds set out in the Convention, in all aspects of employment and occupation, as well as the lack of access to non-discriminatory formal justice mechanisms and effective remedies to guarantee equal participation of women in employment and occupation; to remove without delay all bans, discriminatory practices and unequal treatment based on sex imposed on girls and women to prohibit, limit or impede their access to secondary and higher education, vocational training, employment and all types of occupations in all sectors; to prevent and address violence and harassment against girls and women; to give access and ensure completion of education at all levels; to enhance participation in a wide range of training programmes; to promote employment opportunities of persons with disabilities, in particular girls and women, both in the private and public sectors; and finally, to provide access to non-discriminatory formal justice mechanisms and effective remedies and to organize activities to raise public awareness of the principles of non-discrimination and equality.

Government representative – I will be very brief, since I really concur and could not agree more with most of the statements which have been made here today from all the sides: Governments, Employer and Worker members. I also wanted to raise this issue of the discussion on Afghanistan a little bit above the level of what we are discussing here today. We appreciate and highly value this very timely discussion which is happening here in this international Organization and with this importance attached to the issue of Afghanistan. Again, I understand, and I concur that it is the responsibility of Afghanistan to report on Convention No. 111, ratified in 1969. If there were difficulties to fulfil our reporting obligations in the past, it was a problem of capacity rather than a problem of political will. But what we are facing right now in Afghanistan – this discussion is a small part of it – is an anomaly, and it is a threat to the whole international system of which the ILO and the ILC are just one part.

So that is why I wanted to raise the level of the discussion, and I am glad that many people did, like the Employer member from France. The issue that we are facing in Afghanistan and that we are discussing in this hall impacts all of us as human beings and as citizens of the twenty-first century world. In the third decade of the twenty-first century, we are experiencing a takeover of a country by a group that does not believe in this Convention. It is not a matter of how to report, but rather to what extent they will accept the norms and international system to which Afghanistan belongs and is a party to, such as the Universal Declaration of Human Rights and this Convention.

I think this group unfortunately was negotiated by and with a large number of Member States who are present here, and the promises that were made were perhaps made in a way to deceive the representatives of these countries. So I would say that the situation in Afghanistan is a challenge to the all international norms and the whole system. I believe that we need to pass and ponder and think about why and how we came to this situation. We also need to think about how we can remedy the situation and how we can move forward. Because, in Afghanistan, people will say that the Taliban are the reality of Afghanistan. Actually, the reality is that around 100,000 hard-line extremists suicide bombers have taken hostage a country of 38 million people. These 38 million were tired and sick of all the decades of war, broken promises and betrayals. So now we are faced with a situation which, of course, is related to this very specific discussion, but is also related to the whole international system and international human rights system. So how do we solve this issue and how do we face this problem, and go above and beyond the discussions? We need another approach to solve this problem because the consequences of the situation in Afghanistan have repercussions all around the world. If we do not raise our voice as ILO and ILC members – I really appreciate what happened today in this hall – together with the concerned citizens of the world, the Security Council, the UN, and countries in the region, I think the situation would get even worse than what it is now.

Worker members – The situation confronting us in this country is extremely concerning. The UN Security Council has clearly indicated, through resolution 2593, the expectations of the international community, and the full recognition of women’s rights is an integral part. Our Committee can recall and underscore these aspects. The UN and the ILO continue to carry out activities in the field. While these are certainly limited, they should be optimized in order to be able to improve, even just a little, the situation of women and girls in this country. This technical work is seriously hampered by the recent decisions of the ruling power, which prohibit Afghan women from working with the UN or NGOs. We propose that the Office proceed with an examination of the conditions to be able to continue this work and increase its impact. This should be done by bringing together the parties that can provide their expertise and knowledge of the field.

In view of the seriousness of the situation, the Worker members request that this case be the subject of a special paragraph.

Employer members – As recalled in the 2012 General Survey, “with a view to achieving the elimination of discrimination in employment and occupation, States are required to develop and implement a multifaceted national equality policy. The implementation of the policy presupposes the adoption of a range of specific and concrete measures, including the need for a clear and comprehensive legislative framework, and ensuring that the right to equality and non-discrimination is effective in practice. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from deeply entrenched discrimination.” These fundamental principles are applicable in a general manner to all States.

In view of what is happening in Afghanistan, we condemn, like all the participants here, the fact that this country is seriously failing to implement the Convention. The Employer members request that the “de facto authorities”:

(1) provide full information on any progress made to put an end to discrimination;

(2) take the necessary measures to explicitly define and prohibit in law all direct and indirect discrimination;

(3) take specific measures to facilitate access for persons with disabilities to education, occupational training and employment;

(4) take necessary measures to guarantee access to formal non-discriminatory justice mechanisms and effective remedies.

There is still a long way to go. What is important is to proceed proactively. The anti-discrimination legislation must not only be improved, but also applied. This will require tackling the deep-rooted causes of discrimination, which are based on deep-seated prejudices in the tradition, or in certain types of traditions.

Given the extreme seriousness of the case, the Employer members push for a special paragraph on Afghanistan to be added to the conclusions of the work of our Committee. The Committee must fully perform its role and thereby be part of international pressure to ensure respect for human rights throughout the world.

Conclusions of the Committee

The Committee noted with deep concern the repeated failure of the Government to respond to the Committee’s comments since 2019.

The Committee expressed its very deep concern at the significant deterioration of the situation of women and girls, including the situation of vulnerable groups of women, and other minorities since 2021.

The Committee deeply deplored the discriminatory prohibitions, bans and restrictions based on sex imposed on girls and women since 2021, which adversely impact on their ability to enjoy fundamental human rights and freedoms. The Committee also deplored the lack of legal framework explicitly defining and prohibiting direct and indirect discrimination based on at least all the grounds set out in the Convention, in all aspects of employment and occupation, as well as the lack of access to non-discriminatory formal justice mechanisms and effective remedies, in line with the Convention.

Taking into account the discussion, the Committee urges that, in consultation with the social partners, effective and time-bound measures be taken to:

- remove without delay all bans, discriminatory practices and unequal treatment based on sex imposed on girls and women to prohibit, limit or impede their access to secondary and higher education, vocational training, employment and all types of occupations in all sectors, and provide information to the Committee of Experts on the measures taken in this regard, and on the results achieved;

- put in place the necessary laws, policies and implementation strategy to prevent and address violence and harassment against girls and women, and provide information to the Committee of Experts on the measures taken in this regard, and on the results achieved;

- amend section 9 of the Labour law in order to explicitly define and prohibit in law direct and indirect discrimination in line with the Convention;

- ensure access to non-discriminatory formal judicial mechanisms and effective remedies;

- organize activities and implement a campaign to raise public awareness of the principles of non-discrimination and equality protected under the Convention;

- provide information on the adoption of all the above-mentioned measures on any progress made in that regard, as well as the results achieved on the equal participation of women in employment and occupation, including by providing statistical information, disaggregated by sex and occupation, on the participation of girls and women in education, vocational training and employment;

- develop a multidisciplinary and multi sectoral action plan to combat discrimination in employment, occupation and education, with ILO technical assistance and in close cooperation with the social partners and other relevant civil society organizations. In addition, coordinate with other UN agencies operating in the territory.

The Committee also calls for specific action to be taken in order to facilitate access to education and vocational training and promote employment opportunities of persons with disabilities, in particular girls and women.

The Committee decided to include its conclusions in a special paragraph of its report.

Individual Case (CAS) - Discussion: 2000, Publication: 88th ILC session (2000)

The Worker members recalled that, according to the usual working methods the case of a country, the Government of which had not responded to the invitation of the Conference Committee, was examined on the last day of the discussion of individual cases. The objective was not to examine the substance of these cases, given the impossibility of having a discussion with the governments concerned, but to underline in the Conference Report the importance of the issues raised and the necessary measures for the re-establishment of dialogue. The report would mention for each country the case in question.

The Worker members observed that the Committee of Experts had been drawing the attention of this Committee since 1997 to the reports which had been sent to it by various sources concerning the serious problems of gender discrimination which were culminating in the violation of Convention No. 111 by the Government of Afghanistan. The Worker members expressed once again their regret and their grave concern at not having been able to discuss this situation with the Government and which merited the undivided attention of this Committee. It was regrettable that the efforts undertaken by the ILO had not succeeded up to now. The ILO and the whole international community should take their responsibilities with greater conviction and force and increase their pressure on the Government of Afghanistan.

Regarding the application of Convention No. 98 by Saint Lucia, the Worker members recalled that this case had been included on the list because of the existence of violations of the right to collective bargaining and anti-union discrimination, actions against which there was no protection. For the last nine years, the Government of Saint Lucia had not sent a single report on the application of this Convention. It appeared, however, from the written information communicated by the Goverenment that the latter had transmitted a copy of an act respecting the registration, status and recognition of workers' and employers' organizations. The Committee of Experts should examine this law and its application in practice.

The Employer members regretted that some countries had not appeared before the Committee, despite being requested to do so in relation to the application of ratified Conventions. In this regard, they referred specifically to Afghanistan and Saint Lucia, noting that this was not the first time that they had failed to appear. These countries had been placed on the list of individual cases due to the Committee of Experts' concerns regarding their non-application of ratified Conventions. The Employer members considered this failure to appear as negative behaviour towards this Committee and the ILO as a whole. It was one of the worst forms of deliberate obstruction of the work of the supervisory machinery. The Employer members deplored this lack of cooperation in relation to the Committee of Experts and the entire Organization.

The Worker members, so that the report of the Committee should reflect this point, declared that they were certain that the Committee would also once again wish to request the Director-General to invite the Chairman of the Committee of Experts to attend next year's general discussion as an observer.

Individual Case (CAS) - Discussion: 1999, Publication: 87th ILC session (1999)

The Worker members recalled that the Committee had expressed grave concern regarding the measures taken and the practices used by the Government of Afghanistan, as well as other authorities, to prohibit the education of young girls and to prohibit women from working and to marginalize as much as possible the lives of hundreds of thousands of widows. The reports of the Special Rapporteur of the United Nations Human Rights Commission, the Secretary-General of the United Nations as well as the observations of the ICFTU and Amnesty International on the situation of women, revealed that the authorities imposed on women extremely difficult living and working conditions. The Committee of Experts having, in addition, learned about the regulatory text which restrained in a drastic manner the employment of women, could not help but observe the dramatic deterioration of the situation of women. The measures taken by the authorities had serious consequences on the health and teaching system, which had repercussions for women, young girls and young boys. Moreover, the almost generalized prohibition of women from working had dramatic consequences on the implementation of United Nations and NGO humanitarian programmes. The Committee of Experts highlighted, in the strongest terms, the violation by Afghanistan of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and also referred to discrimination based on political opinion. The Worker members stressed before the ILO and the delegates of the three groups present at the Conference that international and bilateral initiatives be taken to draw the attention of the Government in power in Afghanistan, as well as all the responsible politicians of this country, to the absolute necessity of taking urgent measures for the purpose of ending the very serious discrimination exercised against women in employment. Confronted with a case of such importance, the ILO and the entire international community must take responsibility.

The Worker members recalled that the Committee of Experts was particularly concerned by the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), by Djibouti. Serious contraventions of freedom of association had taken place and continued to exist in law and in practice. The Committee on Freedom of Association had examined complaints concerning very serious anti-trade union measures of reprisal taken against the leaders of the Djibouti Labour Union and the General Workers' Union of Djibouti, as well as against militants and members of these organizations. However, the Government promised, in January 1998, as a result of a direct contacts mission of the ILO led by Professor Verdier, a member of the Committee of Experts, to re-establish dialogue with trade unions and genuine workers' representatives. The Committee of Experts also observed that several provisions of the legislation were seriously in contravention of Convention No. 87, such as the requirement of prior consent to trade union constitutions, prohibition against foreigners from becoming trade union officers, and the extensive powers of the President of the Republic to bring a strike to an end upon demand. The Worker members considered that this case raised important questions and that the Government should take measures as soon as possible that would enable a renewal of the dialogue.

The Employer members regretted that certain governments had not responded to the invitation which had been made to them to come to the Committee in order to discuss questions relating to the application of ratified Conventions by their countries. They referred in particular in this respect to the Governments of Afghanistan and Djibouti. The Committee of Experts had made comments in its report which gave rise to serious concerns with regard to the application of certain Conventions by those countries. It was for that reason that they had been included in the list of cases proposed for discussion. In these circumstances, the conduct of these countries in not coming forward when requested displayed an uncooperative attitude towards the work of the Committee and of the Organization as a whole. The report of the Committee of Experts contained a great deal of information on the cases in question and the Employer members encouraged all those concerned to read the respective comments very carefully.

The Committee took note of the statements made by the Worker and Employer members regarding the application of Convention No. 87 by Djibouti and the application of Convention No. 111 by Afghanistan.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the observations of the International Trade Union Confederation (ITUC) and the International Organisation of Employers (OIE) received on 1 September 2023.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 111th Session, June 2023)

The Committee notes the discussion that took place in the Committee on the Application of Standards (CAS) of the International Labour Conference in June 2023 concerning the application of the Convention as well as the following conclusions of the Conference Committee.

The CAS noted with deep concern the repeated failure of the Government to respond to the Committee’s comments since 2019.

The CAS expressed its very deep concern at the significant deterioration of the situation of women and girls, including the situation of vulnerable groups of women, and other minorities since 2021.

The CAS deeply deplored the discriminatory prohibitions, bans and restrictions based on sex imposed on girls and women since 2021, which adversely impact on their ability to enjoy fundamental human rights and freedoms. The CAS also deplored the lack of legal framework explicitly defining and prohibiting direct and indirect discrimination based on at least all the grounds set out in the Convention, in all aspects of employment and occupation, as well as the lack of access to non-discriminatory formal justice mechanisms and effective remedies, in line with the Convention.

Taking into account the discussion, the CAS urged that, in consultation with the social partners, effective and time-bound measures be taken to:

• remove without delay all bans, discriminatory practices and unequal treatment based on sex imposed on girls and women to prohibit, limit or impede their access to secondary and higher education, vocational training, employment and all types of occupations in all sectors, and provide information to the Committee of Experts on the measures taken in this regard, and on the results achieved;
• put in place the necessary laws, policies and implementation strategy to prevent and address violence and harassment against girls and women, and provide information to the Committee of Experts on the measures taken in this regard, and on the results achieved;
• amend section 9 of the Labour law in order to explicitly define and prohibit in law direct and indirect discrimination in line with the Convention;
• ensure access to non-discriminatory formal judicial mechanisms and effective remedies;
• organize activities and implement a campaign to raise public awareness of the principles of non-discrimination and equality protected under the Convention;
• provide information on the adoption of all the above-mentioned measures on any progress made in that regard, as well as the results achieved on the equal participation of women in employment and occupation, including by providing statistical information, disaggregated by sex and occupation, on the participation of girls and women in education, vocational training and employment;
• develop a multidisciplinary and multi sectoral action plan to combat discrimination in employment, occupation and education, with ILO technical assistance and in close cooperation with the social partners and other relevant civil society organizations. In addition, coordinate with other UN agencies operating in the territory.

The CAS also called for specific action to be taken in order to facilitate access to education and vocational training and promote employment opportunities of persons with disabilities, in particular girls and women.

The CAS decided to include its conclusions in a special paragraph of its report.

The Committee notes that the ITUC notes with great concern the structural discrimination suffered by women in Afghanistan, that blatantly hinders their access to education, training and employment. According to the ITUC, this situation follows a phase, prior to the takeover by the Taliban in 2021, during which some improvements were recorded towards democratization and promotion of the status of women. The organization adds that, prior to 2021, under the previous administration: (1) 64 women were elected to parliament and 17 to the Senate; (2) four women were nominated in the cabinet; (3) there were four women ambassadors in embassies and 261 women judges in the courts and judiciary; (4) 1,500 women were working as defense lawyers, 2,500 women as journalists in private free media, and 3,650 women in the security forces; (5) 3.5 million girls were engaged in education; and (6) thousands of women were working in the private sector, who altogether constituted 30 per cent of the labour force in the Afghan labour market.

The Committee further notes the ITUC’s indication that, since 2021, the course of the progress made by the country was reversed and women and girls have been silenced and excluded from the public sphere. Since September 2021, Afghan girls over the age of twelve have been banned from going to school. Currently, 80 per cent of Afghan girls and young women who are eligible for school numbering about 2.5 million have been thrown out of school. Some 30 per cent of girls in Afghanistan do not have primary education, and even when girls are allowed to go to school, teaching is limited due to the lack of female teachers. In December 2022, university education for women was suspended until further notice, affecting more than 100,000 female students. Women are no longer allowed to work, including in the civil service. They are prohibited from traveling within and outside the country. The Afghanistan Labour Code, the Elimination of Violence Against Women Law, the Regulation of Women’s Protection Centres and the Child Rights Protection Law which stipulated fundamental rights, equality of treatment and opportunities between men and women are no longer applicable. In 2021, the Ministry of Women’s Affairs was closed and replaced by the Ministry of Prosperity and Prohibition. The Afghan Independent Human Rights Commission has been dissolved and twenty decrees have been announced by the Taliban to impose its religious beliefs, as well as its way of life, attire, and ethics based on its interpretation of Sharia Law. Specialized courts for the elimination of violence against women and public prosecutors’ offices have been closed, depriving women of access to justice. The economic crisis has worsened the situation of women, minors and other vulnerable groups in the country. Since 2021, 97 per cent of the population has been living below the poverty line. Forced marriages including of minors, as well as child labour of boys and girls engaging in hazardous works have increased.

The ITUC also alleges that the Lesbian, Gay, Bisexual, Trans, Queer, Intersex plus (LGBTQI+) community in the country continue to face grave human rights violations perpetrated by the Taliban, including threats, targeted attacks, sexual assaults, arbitrary detentions, and other violations. Many members of this community remain fearful that such discriminatory practices by the Taliban will continue to escalate, including the use of the death penalty against those in same sex relations and who therefore remain in hiding, fearing for their lives.

Under the subtitle “discrimination based on political opinion”, the ITUC also indicates that: (1) journalists faced growing restrictions including arbitrary arrest, unlawful detentions, and torture in response to reporting that criticized the Taliban, leading many to self-censorship; (2) some were beaten and faced other forms of torture while detained; (3) many fled the country; and (4) women television reporters were forced to almost cover their faces completely. The space for civil society organizations to document and report on human rights shrank significantly and independent human rights groups were unable to work freely. According to the ITUC, the Taliban have dismantled any space for peaceful assembly, demonstration or gathering. Taliban police use excessive and unnecessary force against demonstrators, and peaceful protesters are arbitrary arrested, detained, tortured and forcibly disappeared. Detained protesters face physical and psychological torture.

The leaders of the trade union centre, NUAWE, have been forcibly displaced and live outside Afghanistan. It is impossible for NUAWE and their members to operate or pursue normal activities to redress gender-based violations. The Supreme Labour Council and the commission for disputes resolution at work have ceased to function. Social dialogue is non-existent.

The ITUC also highlighted the comments of the Committee of Experts, namely the inadequate definition of the concept of discrimination in Afghan law and the lack of mechanisms for access to formal justice and urged that immediate action be taken to give effect to the conclusions adopted by the CAS in June 2023. The Committee deeplydeplores the current situation faced by women and girls in the country depriving them of education and employment opportunities. The Committee urges the de facto authorities to address this unacceptable situation and to respond without delay to the conclusions of the Conference Committee on the Application of Standards as well as to the observations from the ITUC.

The Committee notes that, in its communication, the IOE reiterates the opening and closing statements of the Employer members as well as the statement of the Employer member of France during the discussion that took place in the CAS in June 2023 as well as the conclusions adopted thy the CAS which are reproduced above. It further notes the IOE’s request to take duly into account all the information provided when examining the application in law and practice of the Convention.

The Committee further notes that the IOE expressed the hope that progress will be made in the application of the Convention, in line with the conclusions of the CAS and in close consultations with the most representative employers’ organization in Afghanistan. The Committee requests the de facto authorities to provide their comments in this respect.

The Committee notes the report of the Office of the High Commissioner for Human Rights on the situation of human rights in Afghanistan, which concludes that: (1) Afghan women and girls have been restricted from participation in most areas of public and daily life by the introduction of progressively more severe and discriminatory edicts, policies and other pronouncements; (2) these measures deny the rights of women and girls to access education, to work and to freedom of movement and impact access to health and other essential services; (3) in addition to the restrictions imposed by the policies themselves, their implementation has involved further violations of human rights; (4) The exclusion of women lawyers and judges from the legal system, along with the abolition of specialized Elimination of Violence Against Women prosecution units and courts, affects the rights of women and girls to obtain legal representation, equality before the law and access to justice; and (5) over two years on from their takeover of the country, there has been systematic regression of the rule of law and human rights in Afghanistan, particularly with regard to the rights of women and girls (A/HRC/54/21, 11 September 2023, paragraphs 32, 67, 69 and 74).

It also notes the recommendations of the High Commissioner to the de facto authorities to: (1) promptly rescind discriminatory edicts and decrees which curtail women and girls’ human rights and fundamental freedoms, enable their access to secondary and tertiary education and work, respect their freedom of movement and cease interference with other aspects of their daily lives; (2) in view of review of applicable laws being undertaken, ensure that all legislation applicable in Afghanistan is in line with international human rights law; (3) ensure access to justice and right to a remedy for survivors of gender-based violence through the formal justice system; and (4) promote and protect fundamental freedoms by replacing restrictive policies with human rights compliant ones (A/HRC/54/21, paragraph 75).

The Committee notes that, in a communication dated 27 August 2023, the de facto authorities indicated their commitment to the application of ILO Conventions and its reporting obligations. They also pointed out that the conclusions of the CAS were examined and, as per the decree of the Emir, a report under the Convention would not be submitted in 2023 due to insufficient time to reply but rather in 2024.

In these circumstances, the Committee notes with regret that the requested report was not received and firmly hopes that the announced report for 2024 will contain full information on the matters raised in its previous comments, which read as follows:

Articles 1(1)(a), 2 and 3 of the Convention. Discrimination based on sex. Restrictions on women’s access to education, vocational training and employment. The Committee notes that since August 2021, high-level United Nations (UN) bodies have expressed deepest concern regarding the increasing deterioration of human rights and fundamental freedoms of women and girls in the country (UN Special Rapporteur on the situation of human rights in Afghanistan, Statement, Urgent Debate on the situation of women and girls in Afghanistan, 1 July 2022; UN Security Council, Statement on the situation in Afghanistan, 24 May 2022; and High Commissioner for Human Rights, A/HRC/49/24, 4 March 2022). According to these bodies, as a result of the policies and practices adopted, severe restrictions have been imposed on women’s and girls’ freedom of movement, access to education, vocational training and employment. The Committee notes, more particularly, that: (1) since August 2021, women have been excluded from the workforce. They are also absent from the public administration, where all members are men; (2) since September 2021, women and girls have been denied access to secondary and higher education. Even where girls have been allowed to attend schools, instruction has been restricted due to the absence of women teachers; (3) the Ministry of Women’s Affairs and the Afghanistan Independent Human Rights Commission have been disbanded; and (4) specialized courts addressing the elimination of violence against women and prosecution offices have also been closed, thus leaving women without access to justice. The Committee notes that, in its resolution 50/14 on the situation of human rights of women and girls in Afghanistan, adopted on 8 July 2022, the Human Rights Council specifically: (1) condemned in the strongest possible terms all human rights violations and abuses committed against all individuals, including women and girls, in Afghanistan, including all forms of discrimination and violence, including sexual and gender-based violence; (2) called upon the Taliban in particular to reverse the policies and practices that currently restrict the human rights and fundamental freedoms of Afghan women and girls, to ensure that women and girls have opportunities and access to inclusive and quality education at all levels, equal to those afforded to men and boys, and to immediately open schools for girls of all ages; and (3) called for measures to ensure that victims of sexual and gender-based violence have access to justice and to effective remedies and reparations (Human Rights Council resolution 50/14, A/HRC/RES/50/14, 14 July 2022). Furthermore, the Committee notes from the recent report of the Special Rapporteur on the situation of human rights in Afghanistan that: (1) “the restrictions on Afghan women are disproportionately affecting their ability to sustain themselves, thereby further diminishing their enjoyment of other basic rights”; (2) “in early 2021, about 17,369 women-owned businesses were creating over 129,000 jobs, over three-quarters held by women, and many more unregistered women-owned businesses operated in the informal economy [and] by March 2022, 61 per cent of women had lost their job or income generating activities ...”; (3) “in the informal sector, women can no longer take products to market due to movement restrictions and the closure of many women’s markets”; (4) “women who continue to work often face harassment and abuse”; (5) “women have been excluded from the de facto justice system”; and (6) “female civil servants, except those doing jobs in health, security and education which cannot be carried out by men, were directed to stay home until conditions enable them to return to work in accordance with Sharia, although their male counterparts were called back” (A/HRC/51/6, 9 September 2022, paragraphs 38 and 39). The Committee strongly deplores the discriminatory prohibitions, bans and restrictions based on sex imposed on girls and women, in particular regarding their access to, and remaining in, education, vocational training and employment, both in the public and private sectors, and on their enjoyment of other human rights and fundamental freedoms, as well as their exposure to sexual and gender-based violence. The Committee therefore strongly urges that all steps be taken to: (i) remove without delay all bans, discriminatory practices and unequal treatment based on sex imposed on girls and women to prohibit, limit or impede their access to secondary and higher education, vocational training, employment and all types of occupations in all sectors; and (ii) prevent and address violence and harassment against girls and women. The Committee asks for information on the measures taken to that end and the results achieved on the equal participation of women in employment and occupation, including by providing statistical information, disaggregated by sex and occupation, on the participation of girls and women in education, vocational training and employment in both the public and private sectors.

Articles 1, 2 and 3. Protection against discrimination. Legislation. The Committee notes that, in its 2020 report to the UN Committee on the Elimination of Racial Discrimination (CERD), the Government indicated that a draft Anti-Discrimination Law had been developed, which defines direct and indirect discrimination and prohibits discrimination in employment and occupation (CERD/C/AFG/2-16, 27 July 2020, paragraphs 28 and 47). Recalling that the prohibition of discrimination in section 9 of the Labour Law is formulated in very broad terms, the Committee asks that all necessary measures be taken to explicitly define and prohibit in law direct and indirect discrimination based on at least all of the grounds listed in Article 1(1)(a) of the Convention (namely, race, colour, sex, religion, political opinion, national extraction and social origin), as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b), covering all aspects of employment and occupation, both in the private and public sectors. The Committee asks for information on any progress made in that regard.

Article 1(1)(b). Discrimination against persons with disabilities, in particular women and girls. The Committee recalls that, while section 15 of the Law of Rights and Benefits of Persons with Disabilities provides for equal rights for persons with disabilities in terms of social, economic and educational participation, in practice, persons with disabilities had very low education and employment levels. The Committee notes that, in its resolution 50/14 on the situation of human rights of women in Afghanistan, the Human Rights Council expressed deep concern at the situation currently faced by girls and women with disabilities who are often subject to multiple, aggravated or intersecting forms of discrimination and disadvantages (A/HRC/RES/50/14, 14 July 2022). The Committee calls once again for specific actions to be taken in order to facilitate access to education and vocational training and promote employment opportunities of persons with disabilities, in particular girls and women, both in the private and public sectors.

Monitoring and enforcement. The Committee notes that, in her March 2022 report on the situation of human rights in Afghanistan, the UN High Commissioner for Human Rights expressed specific concerns about the fact that, “since August 2021, the previously operating legal and justice systems became dysfunctional, with little clarity as to applicable laws and the side-lining of justice sector personnel. Since then, the de facto authorities have gradually sought to resume the functioning of a country-wide justice system and courts under Islamic law with numerous appointments at the de facto ministry of justice” and de facto courts and initiated “an ongoing review of formal law’s asserted compliance with both Islamic Law and with the objectives and policies of the new de facto administration. In the meantime, de facto authorities continued administering justice in lieu of the former judiciary in a decentralized manner in consultation with religious scholars, elders, and local communities” (A/HRC/49/24, 4 March 2022, paragraph 60). The Committee wishes to recall that Afghanistan has a binding legal obligation to uphold the fundamental human rights and freedoms guaranteed in customary international law and human rights treaties that the country is signatory to, including the Convention which it has ratified. The Committee therefore urges that all steps be taken to ensure access to non-discriminatory formal justice mechanisms and effective remedies and to organize activities to raise public awareness of the principles of non-discrimination and equality.

[The Government is asked to reply in full to the present comments in 2024.]

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report, due since 2019, has not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1(1)(a), 2 and 3 of the Convention. Discrimination based on sex. Restrictions on women’s access to education, vocational training and employment. The Committee notes that since August 2021, high-level United Nations (UN) bodies have expressed deepest concern regarding the increasing deterioration of human rights and fundamental freedoms of women and girls in the country (UN Special Rapporteur on the situation of human rights in Afghanistan, Statement, Urgent Debate on the situation of women and girls in Afghanistan, 1 July 2022; UN Security Council, Statement on the situation in Afghanistan, 24 May 2022; and High Commissioner for Human Rights, A/HRC/49/24, 4 March 2022). According to these bodies, as a result of the policies and practices adopted, severe restrictions have been imposed on women’s and girls’ freedom of movement, access to education, vocational training and employment. The Committee notes, more particularly, that: (1) since August 2021, women have been excluded from the workforce. They are also absent from the public administration, where all members are men; (2) since September 2021, women and girls have been denied access to secondary and higher education. Even where girls have been allowed to attend schools, instruction has been restricted due to the absence of women teachers; (3) the Ministry of Women’s Affairs and the Afghanistan Independent Human Rights Commission have been disbanded; and (4) specialized courts addressing the elimination of violence against women and prosecution offices have also been closed, thus leaving women without access to justice. The Committee notes that, in its resolution 50/14 on the situation of human rights of women and girls in Afghanistan, adopted on 8 July 2022, the Human Rights Council specifically: (1) condemned in the strongest possible terms all human rights violations and abuses committed against all individuals, including women and girls, in Afghanistan, including all forms of discrimination and violence, including sexual and gender-based violence; (2) called upon the Taliban in particular to reverse the policies and practices that currently restrict the human rights and fundamental freedoms of Afghan women and girls, to ensure that women and girls have opportunities and access to inclusive and quality education at all levels, equal to those afforded to men and boys, and to immediately open schools for girls of all ages; and (3) called for measures to ensure that victims of sexual and gender-based violence have access to justice and to effective remedies and reparations (Human Rights Council resolution 50/14, A/HRC/RES/50/14, 14 July 2022). Furthermore, the Committee notes from the recent report of the Special Rapporteur on the situation of human rights in Afghanistan that: (1) “the restrictions on Afghan women are disproportionately affecting their ability to sustain themselves, thereby further diminishing their enjoyment of other basic rights”; (2) “in early 2021, about 17,369 women-owned businesses were creating over 129,000 jobs, over three-quarters held by women, and many more unregistered women-owned businesses operated in the informal economy [and] by March 2022, 61 per cent of women had lost their job or income generating activities ...”; (3) “in the informal sector, women can no longer take products to market due to movement restrictions and the closure of many women’s markets”; (4) “women who continue to work often face harassment and abuse”; (5) “women have been excluded from the de facto justice system”; and (6) “female civil servants, except those doing jobs in health, security and education which cannot be carried out by men, were directed to stay home until conditions enable them to return to work in accordance with Sharia, although their male counterparts were called back” (A/HRC/51/6, 9 September 2022, paragraphs 38 and 39). The Committee strongly deplores the discriminatory prohibitions, bans and restrictions based on sex imposed on girls and women, in particular regarding their access to, and remaining in, education, vocational training and employment, both in the public and private sectors, and on their enjoyment of other human rights and fundamental freedoms, as well as their exposure to sexual and gender-based violence. The Committee therefore strongly urges that all steps be taken to: (i) remove without delay all bans, discriminatory practices and unequal treatment based on sex imposed on girls and women to prohibit, limit or impede their access to secondary and higher education, vocational training, employment and all types of occupations in all sectors; and (ii) prevent and address violence and harassment against girls and women.

The Committee asks for information on the measures taken to that end and the results achieved on the equal participation of women in employment and occupation, including by providing statistical information, disaggregated by sex and occupation, on the participation of girls and women in education, vocational training and employment in both the public and private sectors.

Articles 1, 2 and 3. Protection against discrimination. Legislation. The Committee notes that, in its 2020 report to the UN Committee on the Elimination of Racial Discrimination (CERD), the Government indicated that a draft Anti-Discrimination Law had been developed, which defines direct and indirect discrimination and prohibits discrimination in employment and occupation (CERD/C/AFG/2-16, 27 July 2020, paragraphs 28 and 47). Recalling that the prohibition of discrimination in section 9 of the Labour Law is formulated in very broad terms, the Committee asks that all necessary measures be taken to explicitly define and prohibit in law direct and indirect discrimination based on at least all of the grounds listed in Article 1(1)(a) of the Convention (namely, race, colour, sex, religion, political opinion, national extraction and social origin), as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b), covering all aspects of employment and occupation, both in the private and public sectors. The Committee asks for information on any progress made in that regard.

Article 1(1)(b). Discrimination against persons with disabilities, in particular women and girls. The Committee recalls that, while section 15 of the Law of Rights and Benefits of Persons with Disabilities provides for equal rights for persons with disabilities in terms of social, economic and educational participation, in practice, persons with disabilities had very low education and employment levels. The Committee notes that, in its resolution 50/14 on the situation of human rights of women in Afghanistan, the Human Rights Council expressed deep concern at the situation currently faced by girls and women with disabilities who are often subject to multiple, aggravated or intersecting forms of discrimination and disadvantages (A/HRC/RES/50/14, 14 July 2022). The Committee calls once again for specific actions to be taken in order to facilitate access to education and vocational training and promote employment opportunities of persons with disabilities, in particular girls and women, both in the private and public sectors.

Monitoring and enforcement. The Committee notes that, in her March 2022 report on the situation of human rights in Afghanistan, the UN High Commissioner for Human Rights expressed specific concerns about the fact that, “since August 2021, the previously operating legal and justice systems became dysfunctional, with little clarity as to applicable laws and the side-lining of justice sector personnel. Since then, the de facto authorities have gradually sought to resume the functioning of a country-wide justice system and courts under Islamic law with numerous appointments at the de facto ministry of justice” and de facto courts and initiated “an ongoing review of formal law’s asserted compliance with both Islamic Law and with the objectives and policies of the new de facto administration. In the meantime, de facto authorities continued administering justice in lieu of the former judiciary in a decentralized manner in consultation with religious scholars, elders, and local communities” (A/HRC/49/24, 4 March 2022, paragraph 60). The Committee wishes to recall that Afghanistan has a binding legal obligation to uphold the fundamental human rights and freedoms guaranteed in customary international law and human rights treaties that the country is signatory to, including the Convention which it has ratified. The Committee therefore urges that all steps be taken to ensure access to non-discriminatory formal justice mechanisms and effective remedies and to organize activities to raise public awareness of the principles of non-discrimination and equality.

In light of the situation described above, the Committee notes with deep concern the repeated failure of the Government to respond to the Committee’s comments since 2019. The Committee also must express its deep concern at the significant deterioration of the situation of women and girls, including the situation of vulnerable groups of women, since 2021. In this context, it deplores the numerous acts of discrimination based on sex against women and girls thereby impairing the enjoyment of their human rights and their access to, and retention in, education at all levels, vocational training and employment in all the sectors of the economy and increasing their exposure to sexual and gender-based violence. The Committee also deplores the lack of legal framework explicitly defining and prohibiting direct and indirect discrimination based on at least all the grounds set out in the Convention, in all aspects of employment and occupation, as well as the lack of access to non-discriminatory formal justice mechanisms and effective remedies. The Committee considers that this case meets the criteria set out in paragraph 114 of its General Report to be asked to come before the Conference.

[The Government is asked to supply full particulars to the Conference at its 111th Session and to reply in full to the present comments in 2023.]

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep 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. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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, pages 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.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1 and 2 of the Convention. Legislation. The Committee previously noted that the prohibition of discrimination in section 9 of the Labour Law is very general and urged the Government to take the opportunity of the Labour Law reform process, in the context of the Decent Work Country Programme and the National Action Plan for Women of Afghanistan (NAPWA) 2007–17, to amend its legislation to explicitly prohibit direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention. The Committee notes the Government’s indication, in its reports, that the Tripartite Consultative Committee is still engaged in the revision process of the Labour Law. Referring to its previous comments on section 10(2) of the Civil Servants Law, 2008, which only prohibits discrimination in recruitment based on the grounds of sex, ethnicity, religion, disability and “physical deformity”, the Committee notes the Government’s general statement that provisions of the Labour Law are also applicable to civil servants. The Committee requests the Government to continue to provide information on the activities and recommendations of the Tripartite Consultative Committee concerning the revision of the Labour Law, and trusts that in a near future its national legislation will explicitly prohibit, both in the private and public sectors, direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention, covering all aspects of employment and occupation. In the meantime, the Committee requests the Government to clarify the relationship between section 9 of the Labour Law and section 10(2) of the Civil Servants Law and, more generally, to indicate whether all the provisions of the Labour Law shall apply to civil servants or whether this is limited to provisions of the Labour Law which are expressly referred to by the Civil Servants Law.

Article 1(1)(a). Discrimination on the ground of sex. Work-related violence and sexual harassment. The Committee takes note of the Law on the Prohibition of Harassment against Women and Children, adopted in December 2016 and approved by the President on April 2018, which defines and criminalizes physical, verbal and non-verbal harassment, and provides that harassment is punishable with a fine. On the other hand, it notes that section 30 of the Law on the Elimination of Violence against Women (EVAW), 2009, which provides that harassment is punishable by up to six months of imprisonment, was firstly incorporated into the revised Penal Code in March 2017 and then removed on the instruction of the Government in August 2017, 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. The Committee also notes that several United Nations (UN) bodies expressed concern at the escalating level of targeted attacks, including killings, against high profile women, particularly those in the public sector, as well as at the prevalence of sexual harassment against women in the workplace (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 55 and Report of the UN Special Rapporteur on violence against women, its causes and consequences, A/HRC/29/27/Add.3, 12 May 2015, paragraphs 21 and 26). It notes that, according to a survey carried out in 2015 by the Women and Children’s Legal Research Foundation, based in Afghanistan, 87 per cent of the women interviewed experienced harassment in the workplace. It further notes that the Afghanistan Independent Human Rights Commission (AIHRC) recently indicated that women police officers are particularly affected and that the Ministry of the Interior is currently finalizing an internal complaints mechanism to this end (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 53). The Committee notes that, pursuant to the 2015 Regulations on the Elimination of Harassment Against Women (11/07/1394), commissions aimed at addressing complaints have been established in several provinces, but that the UN High Commissioner for Human Rights recently highlighted that the mechanisms to combat sexual harassment against women in the workplace remained largely ineffective owing to underreporting, which is mainly due to the social stigma attached to the issue (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 54). The Committee requests the Government to provide information on any concrete measures (such as, for example, campaigns addressed to the general public to promote gender equality) and specific programmes taken or envisaged to combat violence against women (and more particularly high-profile women), and sexual harassment at the workplace, both in the private and public sectors, including any social stigma attached to this issue. It further requests the Government to provide information on the number, nature and outcome of any complaints or cases of work-related violence or sexual harassment in the workplace handled by the commissions established under the 2015 Regulations, the labour inspectorate and the courts. The Committee also requests the Government to clarify the relationship between the Law on the Elimination of Violence against Women, 2009, and the Law on the Prohibition of Harassment against Women and Children, 2016, as well as the current status of both legislations. Please provide a copy of the Law on the Prohibition of Harassment against Women and Children, 2016, and of the 2015 Regulations on the Elimination of Harassment Against Women (11/07/1394).

Article 2. Equal access of men and women to vocational training and education. The Committee notes the Government’s indication that girls represent 45 per cent of total school enrollment. Referring to the discussion held at the Conference Committee on the Application of Standards at its 106th Session (June 2017) on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee notes that non-state groups deliberately restricted the access of girls to education, including attacks and closure of girls’ schools, and that 35 schools were used for military purposes in 2015. It further notes the low enrollment rate of girls, in particular at the secondary school level, high dropout rates especially in rural areas owing to a lack of security in the journey to and from school, and the written threats warning girls to stop going to school by non-state armed groups. The Committee notes that, in the Afghanistan Living Conditions Survey (ALCS) for 2016–17, the Central Statistics Organization indicates that, in 2016, girls’ access to primary education was in decline, and female gross attendance rates in primary, secondary and tertiary education represented only 0.71, 0.51 and 0.39 per cent of the corresponding male rates, respectively. Furthermore, it is estimated that only 37 per cent of adolescent girls are literate, compared to 66 per cent of adolescent boys and that 19 per cent of adult women are literate compared to 49 per cent of adult men. While acknowledging the difficult situation prevailing in the country, the Committee requests the Government to step up its efforts to encourage girls’ and women’s access and completion of education at all levels, and to enhance their participation in a wide range of training programmes, including those in which men have traditionally predominated. It requests the Government to provide updated statistics disaggregated by sex, on participation and completion rates of the different levels of education, as well as in the various vocational training programmes. The Committee again requests the Government to provide information on any measures taken as a result of the affirmative action policy in education envisaged by the NAPWA 2007–17.

Article 5(1). Special measures of protection. Work prohibited for women. The Committee previously noted that the list of physically arduous or harmful work prohibited for women to be established under section 120 of the Labour Law was still under preparation. Noting the absence of updated information provided by the Government in that respect, the Committee again urges the Government to ensure that, in the process of the Labour Law reform, any restrictions on the work that can be done by women are strictly limited to maternity protection and are not based on stereotyped assumptions regarding their capacity and role in society that would be contrary to the Convention. It requests the Government to provide a copy of the list of work that is prohibited for women, once adopted.

The Committee is raising other matters in a request addressed directly to the Government.

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

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

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

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, pages 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.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Legislation. The Committee previously noted that the prohibition of discrimination in section 9 of the Labour Law is very general and urged the Government to take the opportunity of the Labour Law reform process, in the context of the Decent Work Country Programme and the National Action Plan for Women of Afghanistan (NAPWA) 2007–17, to amend its legislation to explicitly prohibit direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention. The Committee notes the Government’s indication, in its reports, that the Tripartite Consultative Committee is still engaged in the revision process of the Labour Law. Referring to its previous comments on section 10(2) of the Civil Servants Law, 2008, which only prohibits discrimination in recruitment based on the grounds of sex, ethnicity, religion, disability and “physical deformity”, the Committee notes the Government’s general statement that provisions of the Labour Law are also applicable to civil servants. The Committee requests the Government to continue to provide information on the activities and recommendations of the Tripartite Consultative Committee concerning the revision of the Labour Law, and trusts that in a near future its national legislation will explicitly prohibit, both in the private and public sectors, direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention, covering all aspects of employment and occupation. In the meantime, the Committee requests the Government to clarify the relationship between section 9 of the Labour Law and section 10(2) of the Civil Servants Law and, more generally, to indicate whether all the provisions of the Labour Law shall apply to civil servants or whether this is limited to provisions of the Labour Law which are expressly referred to by the Civil Servants Law.

Article 1(1)(a). Discrimination on the ground of sex. Work-related violence and sexual harassment. The Committee takes note of the Law on the Prohibition of Harassment against Women and Children, adopted in December 2016 and approved by the President on April 2018, which defines and criminalizes physical, verbal and non-verbal harassment, and provides that harassment is punishable with a fine. On the other hand, it notes that section 30 of the Law on the Elimination of Violence against Women (EVAW), 2009, which provides that harassment is punishable by up to six months of imprisonment, was firstly incorporated into the revised Penal Code in March 2017 and then removed on the instruction of the Government in August 2017, 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. The Committee also notes that several United Nations (UN) bodies expressed concern at the escalating level of targeted attacks, including killings, against high profile women, particularly those in the public sector, as well as at the prevalence of sexual harassment against women in the workplace (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 55 and Report of the UN Special Rapporteur on violence against women, its causes and consequences, A/HRC/29/27/Add.3, 12 May 2015, paragraphs 21 and 26). It notes that, according to a survey carried out in 2015 by the Women and Children’s Legal Research Foundation, based in Afghanistan, 87 per cent of the women interviewed experienced harassment in the workplace. It further notes that the Afghanistan Independent Human Rights Commission (AIHRC) recently indicated that women police officers are particularly affected and that the Ministry of the Interior is currently finalizing an internal complaints mechanism to this end (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 53). The Committee notes that, pursuant to the 2015 Regulations on the Elimination of Harassment Against Women (11/07/1394), commissions aimed at addressing complaints have been established in several provinces, but that the UN High Commissioner for Human Rights recently highlighted that the mechanisms to combat sexual harassment against women in the workplace remained largely ineffective owing to underreporting, which is mainly due to the social stigma attached to the issue (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 54). The Committee requests the Government to provide information on any concrete measures (such as, for example, campaigns addressed to the general public to promote gender equality) and specific programmes taken or envisaged to combat violence against women (and more particularly high-profile women), and sexual harassment at the workplace, both in the private and public sectors, including any social stigma attached to this issue. It further requests the Government to provide information on the number, nature and outcome of any complaints or cases of work-related violence or sexual harassment in the workplace handled by the commissions established under the 2015 Regulations, the labour inspectorate and the courts. The Committee also requests the Government to clarify the relationship between the Law on the Elimination of Violence against Women, 2009, and the Law on the Prohibition of Harassment against Women and Children, 2016, as well as the current status of both legislations. Please provide a copy of the Law on the Prohibition of Harassment against Women and Children, 2016, and of the 2015 Regulations on the Elimination of Harassment Against Women (11/07/1394).

Article 2. Equal access of men and women to vocational training and education. The Committee notes the Government’s indication that girls represent 45 per cent of total school enrollment. Referring to the discussion held at the Conference Committee on the Application of Standards at its 106th Session (June 2017) on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee notes that non-state groups deliberately restricted the access of girls to education, including attacks and closure of girls’ schools, and that 35 schools were used for military purposes in 2015. It further notes the low enrollment rate of girls, in particular at the secondary school level, high dropout rates especially in rural areas owing to a lack of security in the journey to and from school, and the written threats warning girls to stop going to school by non-state armed groups. The Committee notes that, in the Afghanistan Living Conditions Survey (ALCS) for 2016–17, the Central Statistics Organization indicates that, in 2016, girls’ access to primary education was in decline, and female gross attendance rates in primary, secondary and tertiary education represented only 0.71, 0.51 and 0.39 per cent of the corresponding male rates, respectively. Furthermore, it is estimated that only 37 per cent of adolescent girls are literate, compared to 66 per cent of adolescent boys and that 19 per cent of adult women are literate compared to 49 per cent of adult men. While acknowledging the difficult situation prevailing in the country, the Committee requests the Government to step up its efforts to encourage girls’ and women’s access and completion of education at all levels, and to enhance their participation in a wide range of training programmes, including those in which men have traditionally predominated. It requests the Government to provide updated statistics disaggregated by sex, on participation and completion rates of the different levels of education, as well as in the various vocational training programmes. The Committee again requests the Government to provide information on any measures taken as a result of the affirmative action policy in education envisaged by the NAPWA 2007–17.

Article 5(1). Special measures of protection. Work prohibited for women. The Committee previously noted that the list of physically arduous or harmful work prohibited for women to be established under section 120 of the Labour Law was still under preparation. Noting the absence of updated information provided by the Government in that respect, the Committee again urges the Government to ensure that, in the process of the Labour Law reform, any restrictions on the work that can be done by women are strictly limited to maternity protection and are not based on stereotyped assumptions regarding their capacity and role in society that would be contrary to the Convention. It requests the Government to provide a copy of the list of work that is prohibited for women, once adopted.

The Committee is raising other matters in a request addressed directly to the Government.

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

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

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.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Legislation. The Committee previously noted that the prohibition of discrimination in section 9 of the Labour Law is very general and urged the Government to take the opportunity of the Labour Law reform process, in the context of the Decent Work Country Programme and the National Action Plan for Women of Afghanistan (NAPWA) 2007–17, to amend its legislation to explicitly prohibit direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention. The Committee notes the Government’s indication, in its reports, that the Tripartite Consultative Committee is still engaged in the revision process of the Labour Law. Referring to its previous comments on section 10(2) of the Civil Servants Law, 2008, which only prohibits discrimination in recruitment based on the grounds of sex, ethnicity, religion, disability and “physical deformity”, the Committee notes the Government’s general statement that provisions of the Labour Law are also applicable to civil servants. The Committee requests the Government to continue to provide information on the activities and recommendations of the Tripartite Consultative Committee concerning the revision of the Labour Law, and trusts that in a near future its national legislation will explicitly prohibit, both in the private and public sectors, direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention, covering all aspects of employment and occupation. In the meantime, the Committee requests the Government to clarify the relationship between section 9 of the Labour Law and section 10(2) of the Civil Servants Law and, more generally, to indicate whether all the provisions of the Labour Law shall apply to civil servants or whether this is limited to provisions of the Labour Law which are expressly referred to by the Civil Servants Law.

Article 1(1)(a). Discrimination on the ground of sex. Work-related violence and sexual harassment. The Committee takes note of the Law on the Prohibition of Harassment against Women and Children, adopted in December 2016 and approved by the President on April 2018, which defines and criminalizes physical, verbal and non-verbal harassment, and provides that harassment is punishable with a fine. On the other hand, it notes that section 30 of the Law on the Elimination of Violence against Women (EVAW), 2009, which provides that harassment is punishable by up to six months of imprisonment, was firstly incorporated into the revised Penal Code in March 2017 and then removed on the instruction of the Government in August 2017, 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. The Committee also notes that several United Nations (UN) bodies expressed concern at the escalating level of targeted attacks, including killings, against high profile women, particularly those in the public sector, as well as at the prevalence of sexual harassment against women in the workplace (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 55 and Report of the UN Special Rapporteur on violence against women, its causes and consequences, A/HRC/29/27/Add.3, 12 May 2015, paragraphs 21 and 26). It notes that, according to a survey carried out in 2015 by the Women and Children’s Legal Research Foundation, based in Afghanistan, 87 per cent of the women interviewed experienced harassment in the workplace. It further notes that the Afghanistan Independent Human Rights Commission (AIHRC) recently indicated that women police officers are particularly affected and that the Ministry of the Interior is currently finalizing an internal complaints mechanism to this end (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 53). The Committee notes that, pursuant to the 2015 Regulations on the Elimination of Harassment Against Women (11/07/1394), commissions aimed at addressing complaints have been established in several provinces, but that the UN High Commissioner for Human Rights recently highlighted that the mechanisms to combat sexual harassment against women in the workplace remained largely ineffective owing to underreporting, which is mainly due to the social stigma attached to the issue (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 54). The Committee requests the Government to provide information on any concrete measures (such as, for example, campaigns addressed to the general public to promote gender equality) and specific programmes taken or envisaged to combat violence against women (and more particularly high-profile women), and sexual harassment at the workplace, both in the private and public sectors, including any social stigma attached to this issue. It further requests the Government to provide information on the number, nature and outcome of any complaints or cases of work-related violence or sexual harassment in the workplace handled by the commissions established under the 2015 Regulations, the labour inspectorate and the courts. The Committee also requests the Government to clarify the relationship between the Law on the Elimination of Violence against Women, 2009, and the Law on the Prohibition of Harassment against Women and Children, 2016, as well as the current status of both legislations. Please provide a copy of the Law on the Prohibition of Harassment against Women and Children, 2016, and of the 2015 Regulations on the Elimination of Harassment Against Women (11/07/1394).

Article 2. Equal access of men and women to vocational training and education. The Committee notes the Government’s indication that girls represent 45 per cent of total school enrollment. Referring to the discussion held at the Conference Committee on the Application of Standards at its 106th Session (June 2017) on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee notes that non-state groups deliberately restricted the access of girls to education, including attacks and closure of girls’ schools, and that 35 schools were used for military purposes in 2015. It further notes the low enrollment rate of girls, in particular at the secondary school level, high dropout rates especially in rural areas owing to a lack of security in the journey to and from school, and the written threats warning girls to stop going to school by non-state armed groups. The Committee notes that, in the Afghanistan Living Conditions Survey (ALCS) for 2016–17, the Central Statistics Organization indicates that, in 2016, girls’ access to primary education was in decline, and female gross attendance rates in primary, secondary and tertiary education represented only 0.71, 0.51 and 0.39 per cent of the corresponding male rates, respectively. Furthermore, it is estimated that only 37 per cent of adolescent girls are literate, compared to 66 per cent of adolescent boys and that 19 per cent of adult women are literate compared to 49 per cent of adult men. While acknowledging the difficult situation prevailing in the country, the Committee requests the Government to step up its efforts to encourage girls’ and women’s access and completion of education at all levels, and to enhance their participation in a wide range of training programmes, including those in which men have traditionally predominated. It requests the Government to provide updated statistics disaggregated by sex, on participation and completion rates of the different levels of education, as well as in the various vocational training programmes. The Committee again requests the Government to provide information on any measures taken as a result of the affirmative action policy in education envisaged by the NAPWA 2007–17.

Article 5(1). Special measures of protection. Work prohibited for women. The Committee previously noted that the list of physically arduous or harmful work prohibited for women to be established under section 120 of the Labour Law was still under preparation. Noting the absence of updated information provided by the Government in that respect, the Committee again urges the Government to ensure that, in the process of the Labour Law reform, any restrictions on the work that can be done by women are strictly limited to maternity protection and are not based on stereotyped assumptions regarding their capacity and role in society that would be contrary to the Convention. It requests the Government to provide a copy of the list of work that is prohibited for women, once adopted.

The Committee is raising other matters in a request addressed directly to the Government.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1 and 2 of the Convention. Legislation. The Committee previously noted that the prohibition of discrimination in section 9 of the Labour Law is very general and urged the Government to take the opportunity of the Labour Law reform process, in the context of the Decent Work Country Programme and the National Action Plan for Women of Afghanistan (NAPWA) 2007–17, to amend its legislation to explicitly prohibit direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention. The Committee notes the Government’s indication, in its reports, that the Tripartite Consultative Committee is still engaged in the revision process of the Labour Law. Referring to its previous comments on section 10(2) of the Civil Servants Law, 2008, which only prohibits discrimination in recruitment based on the grounds of sex, ethnicity, religion, disability and “physical deformity”, the Committee notes the Government’s general statement that provisions of the Labour Law are also applicable to civil servants. The Committee requests the Government to continue to provide information on the activities and recommendations of the Tripartite Consultative Committee concerning the revision of the Labour Law, and trusts that in a near future its national legislation will explicitly prohibit, both in the private and public sectors, direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention, covering all aspects of employment and occupation. In the meantime, the Committee requests the Government to clarify the relationship between section 9 of the Labour Law and section 10(2) of the Civil Servants Law and, more generally, to indicate whether all the provisions of the Labour Law shall apply to civil servants or whether this is limited to provisions of the Labour Law which are expressly referred to by the Civil Servants Law.

Article 1(1)(a). Discrimination on the ground of sex. Work-related violence and sexual harassment. The Committee takes note of the Law on the Prohibition of Harassment against Women and Children, adopted in December 2016 and approved by the President on April 2018, which defines and criminalizes physical, verbal and non-verbal harassment, and provides that harassment is punishable with a fine. On the other hand, it notes that section 30 of the Law on the Elimination of Violence against Women (EVAW), 2009, which provides that harassment is punishable by up to six months of imprisonment, was firstly incorporated into the revised Penal Code in March 2017 and then removed on the instruction of the Government in August 2017, 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. The Committee also notes that several United Nations (UN) bodies expressed concern at the escalating level of targeted attacks, including killings, against high profile women, particularly those in the public sector, as well as at the prevalence of sexual harassment against women in the workplace (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 55 and Report of the UN Special Rapporteur on violence against women, its causes and consequences, A/HRC/29/27/Add.3, 12 May 2015, paragraphs 21 and 26). It notes that, according to a survey carried out in 2015 by the Women and Children’s Legal Research Foundation, based in Afghanistan, 87 per cent of the women interviewed experienced harassment in the workplace. It further notes that the Afghanistan Independent Human Rights Commission (AIHRC) recently indicated that women police officers are particularly affected and that the Ministry of the Interior is currently finalizing an internal complaints mechanism to this end (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 53). The Committee notes that, pursuant to the 2015 Regulations on the Elimination of Harassment Against Women (11/07/1394), commissions aimed at addressing complaints have been established in several provinces, but that the UN High Commissioner for Human Rights recently highlighted that the mechanisms to combat sexual harassment against women in the workplace remained largely ineffective owing to underreporting, which is mainly due to the social stigma attached to the issue (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 54). The Committee requests the Government to provide information on any concrete measures (such as, for example, campaigns addressed to the general public to promote gender equality) and specific programmes taken or envisaged to combat violence against women (and more particularly high-profile women), and sexual harassment at the workplace, both in the private and public sectors, including any social stigma attached to this issue. It further requests the Government to provide information on the number, nature and outcome of any complaints or cases of work-related violence or sexual harassment in the workplace handled by the commissions established under the 2015 Regulations, the labour inspectorate and the courts. The Committee also requests the Government to clarify the relationship between the Law on the Elimination of Violence against Women, 2009, and the Law on the Prohibition of Harassment against Women and Children, 2016, as well as the current status of both legislations. Please provide a copy of the Law on the Prohibition of Harassment against Women and Children, 2016, and of the 2015 Regulations on the Elimination of Harassment Against Women (11/07/1394).

Article 2. Equal access of men and women to vocational training and education. The Committee notes the Government’s indication that girls represent 45 per cent of total school enrollment. Referring to the discussion held at the Conference Committee on the Application of Standards at its 106th Session (June 2017) on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee notes that non-state groups deliberately restricted the access of girls to education, including attacks and closure of girls’ schools, and that 35 schools were used for military purposes in 2015. It further notes the low enrollment rate of girls, in particular at the secondary school level, high dropout rates especially in rural areas owing to a lack of security in the journey to and from school, and the written threats warning girls to stop going to school by non-state armed groups. The Committee notes that, in the Afghanistan Living Conditions Survey (ALCS) for 2016–17, the Central Statistics Organization indicates that, in 2016, girls’ access to primary education was in decline, and female gross attendance rates in primary, secondary and tertiary education represented only 0.71, 0.51 and 0.39 per cent of the corresponding male rates, respectively. Furthermore, it is estimated that only 37 per cent of adolescent girls are literate, compared to 66 per cent of adolescent boys and that 19 per cent of adult women are literate compared to 49 per cent of adult men. While acknowledging the difficult situation prevailing in the country, the Committee requests the Government to step up its efforts to encourage girls’ and women’s access and completion of education at all levels, and to enhance their participation in a wide range of training programmes, including those in which men have traditionally predominated. It requests the Government to provide updated statistics disaggregated by sex, on participation and completion rates of the different levels of education, as well as in the various vocational training programmes. The Committee again requests the Government to provide information on any measures taken as a result of the affirmative action policy in education envisaged by the NAPWA 2007–17.

Article 5(1). Special measures of protection. Work prohibited for women. The Committee previously noted that the list of physically arduous or harmful work prohibited for women to be established under section 120 of the Labour Law was still under preparation. Noting the absence of updated information provided by the Government in that respect, the Committee again urges the Government to ensure that, in the process of the Labour Law reform, any restrictions on the work that can be done by women are strictly limited to maternity protection and are not based on stereotyped assumptions regarding their capacity and role in society that would be contrary to the Convention. It requests the Government to provide a copy of the list of work that is prohibited for women, once adopted.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes 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

Article 1(1)(b) of the Convention. Disability. The Committee recalls the Government’s previous indication that section 15 of the Law on Rights and Benefits of People with Disability provides for equal rights for persons with disabilities in terms of social, economic, political, cultural, educational, recreational and athletic participation in society. The Committee again asks the Government to forward a copy of the Law on Rights and Benefits of People with Disability and to provide information on measures taken in order to implement section 15 of the Law.

Equal access of men and women to vocational training and education. The Committee recalls that, under the Decent Work Country Programme (DWCP), the ILO provides technical assistance in a range of areas, including in vocational training, employment services and career guidance and counselling (Decent Work Country Programme 2010–15, page 8). The Committee notes the Government’s indication that it continues to strengthen efforts to maximize access of women and girls to educational opportunities at all levels and to increase access to vocational training. The Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes and prejudices, is essential in broadening the range of occupations from which men and women are able to choose (see General Survey on fundamental Conventions, 2012, paragraph 750). The Committee asks the Government to step up its efforts to encourage girls’ and women’s access to education at all levels, and to enhance their participation in a wide range of training programmes, including those in which men have traditionally predominated. The Committee also asks the Government to provide statistics on the number and percentage of trainees and graduates benefiting from vocational training programmes, and to provide information on the number of women and men enrolled in the various courses. Please provide information on any progress made with respect to the design and implementation of the affirmative action policy in education envisaged by the National Action Plan for the Women of Afghanistan (NAPWA) 2007–17.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Public service. The Committee notes the Government’s indication in general terms that the gender units are active in the ministries, and that steps will be taken to enhance their capacities. It also notes the Government’s indication that there are 74,947 women out of 362,726 public employees. The Committee again asks the Government to provide further information on the role and activities of the gender units in the ministries, in particular how they promote equal opportunities for men and women within the public sector. The Committee also asks the Government to provide specific information on how the priority given to women in vacancies announced by the Civil Service Commission is reflected in women’s representation in the public service, including in management positions.

Private sector. The Committee asks the Government to provide specific information on any measures or programmes implemented under the NAPWA or the DWCP aimed at promoting women’s access to employment, and to self-employment.

Awareness raising. The Committee again asks the Government to provide the following information:

• (i) examples of the activities organized and materials distributed to raise awareness and promote the principles of the Convention; and
• (ii) specific information on the content of any training programme organized in order to raise awareness among government officials, workers, employers, judges and the number of participants, in relation to the Convention.

Statistics. The Committee recalls the Government’s intention to undertake the first nationwide Labour Force Survey and Labour Market Needs Survey in the beginning of 2012. It notes the Government’s indication that priority is given to the Labour Market Information and Analysis Unit and employment service centres to strengthen their capacities. It also notes that training on labour force statistics was provided with staff of the Central Statistics Organization in October 2012. The Committee again asks the Government to indicate the changes envisaged to the Labour Market Information and Analysis Unit and the employment service centres. The Committee hopes that the Government will be in a position to provide updated data on the employment of men and women both in the private and public sectors in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Legislation. In its previous comments, recalling that the prohibition of discrimination in section 9 of the Labour Law is very general, the Committee urged the Government to take the opportunity of the labour law reform process, including in the context of the Decent Work Country Programme, to amend the law to prohibit direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention. The Committee recalls that the pillar on economic and social development of the National Action Plan for Women of Afghanistan (NAPWA) 2007–17 contains the strategy to improve women’s economic status, and the strategy to increase the quality of education for women; in this context, the NAPWA also aims at reviewing the labour law to meet international standards. The Committee asks the Government to ensure that in the process of labour law reform, direct and indirect discrimination is expressly defined and prohibited, covering all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention, covering all aspects of employment and occupation. Please provide information on concrete steps taken in this regard, and specific information on the role of the social partners in the labour law reform process.

Civil service. The Committee recalls section 10(2) of the Civil Servants Law of 2008, prohibiting discrimination in recruitment based on the grounds of sex, ethnicity, religion, disability and physical deformity. The Committee recalls that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (General Survey on fundamental Conventions, 2012, paragraph 853). It also recalls that, under Article 1(3) of the Convention, “employment” and “occupation” also include access to vocational training and terms and conditions of employment. The Committee asks the Government to indicate any measures taken or envisaged to provide protection against discrimination for civil servants based on at least all the grounds enumerated in the Convention and in all aspects of employment and occupation. Recalling section 5 of the Labour Law providing for the scope of application, and noting that the Government’s report does not contain information in this regard, the Committee again asks the Government to clarify whether the provisions of the Labour Law are applicable to civil servants covered under the Civil Servants Law and, if so, to specify the interrelationship between section 9 of the Labour Law and section 10(2) of the Civil Servants Law.

Article 5(1). Special measures of protection. Work prohibited for women. The Committee recalls the Government’s previous indication that the list of physically arduous or harmful work prohibited for women to be established under section 120 of the Labour Law was still under preparation. The Committee recalls that protective measures applicable to women’s employment, which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. Provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey, 2012, paragraph 840). The Committee again urges the Government to ensure that, in the process of the labour law reform, any restrictions on the work that can be done by women are strictly limited to maternity protection.

The Committee is raising other matters in a request addressed directly to the Government.

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

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

Article 1(1)(b) of the Convention. Disability. The Committee recalls the Government’s previous indication that section 15 of the Law on Rights and Benefits of People with Disability provides for equal rights for persons with disabilities in terms of social, economic, political, cultural, educational, recreational and athletic participation in society. The Committee again asks the Government to forward a copy of the Law on Rights and Benefits of People with Disability and to provide information on measures taken in order to implement section 15 of the Law.

Equal access of men and women to vocational training and education. The Committee recalls that, under the Decent Work Country Programme (DWCP), the ILO provides technical assistance in a range of areas, including in vocational training, employment services and career guidance and counselling (Decent Work Country Programme 2010–15, page 8). The Committee notes the Government’s indication that it continues to strengthen efforts to maximize access of women and girls to educational opportunities at all levels and to increase access to vocational training. The Government also indicates that in 2011–12, 3,245 women out of 27,019 enrolled persons in vocational training programmes, and there were 1,289 women out of 7,069 graduates, both of which showed an increase from the previous years. The Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes and prejudices, is essential in broadening the range of occupations from which men and women are able to choose (see General Survey on fundamental Conventions, 2012, paragraph 750). The Committee asks the Government to step up its efforts to encourage girls’ and women’s access to education at all levels, and to enhance their participation in a wide range of training programmes, including those in which men have traditionally predominated. The Committee also asks the Government to continue to provide statistics on the number and percentage of trainees and graduates benefiting from vocational training programmes, and to provide information on the number of women and men enrolled in the various courses. Please provide information on any progress made with respect to the design and implementation of the affirmative action policy in education envisaged by the National Action Plan for the Women of Afghanistan (NAPWA) 2007–17.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Public service. The Committee notes the Government’s indication in general terms that the gender units are active in the ministries, and that steps will be taken to enhance their capacities. It also notes the Government’s indication that there are 74,947 women out of 362,726 public employees. The Committee again asks the Government to provide further information on the role and activities of the gender units in the ministries, in particular how they promote equal opportunities for men and women within the public sector. The Committee also asks the Government to provide specific information on how the priority given to women in vacancies announced by the Civil Service Commission is reflected in women’s representation in the public service, including in management positions.

Private sector. The Committee asks the Government to provide specific information on any measures or programmes implemented under the NAPWA or the DWCP aimed at promoting women’s access to employment, and to self-employment.

Awareness raising. The Committee again asks the Government to provide the following information:

• (i) examples of the activities organized and materials distributed to raise awareness and promote the principles of the Convention; and
• (ii) specific information on the content of any training programme organized in order to raise awareness among government officials, workers, employers, judges and the number of participants, in relation to the Convention.

Statistics. The Committee recalls the Government’s intention to undertake the first nationwide Labour Force Survey and Labour Market Needs Survey in the beginning of 2012. It notes the Government’s indication that priority is given to the Labour Market Information and Analysis Unit and employment service centres to strengthen their capacities. It also notes that training on labour force statistics was provided with staff of the Central Statistics Organization in October 2012. The Committee again asks the Government to indicate the changes envisaged to the Labour Market Information and Analysis Unit and the employment service centres. The Committee hopes that the Government will be in a position to provide updated data on the employment of men and women both in the private and public sectors in the near future.

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

Articles 1 and 2 of the Convention. Legislation. In its previous comments, recalling that the prohibition of discrimination in section 9 of the Labour Law is very general, the Committee urged the Government to take the opportunity of the labour law reform process, including in the context of the Decent Work Country Programme, to amend the law to prohibit direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention. The Committee recalls that the pillar on economic and social development of the National Action Plan for Women of Afghanistan (NAPWA) 2007–17 contains the strategy to improve women’s economic status, and the strategy to increase the quality of education for women; in this context, the NAPWA also aims at reviewing the labour law to meet international standards. The Committee also recalls that the ILO project “Strengthening Labour Law Governance in Afghanistan” is under way. The Committee asks the Government to ensure that in the process of labour law reform, direct and indirect discrimination is expressly defined and prohibited, covering all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention, covering all aspects of employment and occupation. Please provide information on concrete steps taken in this regard, and specific information on the role of the social partners in the labour law reform process.

Civil service. The Committee recalls section 10(2) of the Civil Servants Law of 2008, prohibiting discrimination in recruitment based on the grounds of sex, ethnicity, religion, disability and physical deformity. The Committee recalls that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (General Survey on fundamental Conventions, 2012, paragraph 853). It also recalls that, under Article 1(3) of the Convention, “employment” and “occupation” also include access to vocational training and terms and conditions of employment. The Committee asks the Government to indicate any measures taken or envisaged to provide protection against discrimination for civil servants based on at least all the grounds enumerated in the Convention and in all aspects of employment and occupation. Recalling section 5 of the Labour Law providing for the scope of application, and noting that the Government’s report does not contain information in this regard, the Committee again asks the Government to clarify whether the provisions of the Labour Law are applicable to civil servants covered under the Civil Servants Law and, if so, to specify the interrelationship between section 9 of the Labour Law and section 10(2) of the Civil Servants Law.

Article 5(1). Special measures of protection. Work prohibited for women. The Committee recalls the Government’s previous indication that the list of physically arduous or harmful work prohibited for women to be established under section 120 of the Labour Law was still under preparation. The Committee recalls that protective measures applicable to women’s employment, which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. Provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey, 2012, paragraph 840). The Committee again urges the Government to ensure that, in the process of the labour law reform, any restrictions on the work that can be done by women are strictly limited to maternity protection.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal access of men and women to vocational training and education. The Committee notes the Government’s indication that vocational training and skills development have become a top priority and that efforts are being made to provide vocational training especially to unemployed and unskilled women and men. The Government also indicates that the percentage of women benefitting from vocational training programmes significantly increased and that 51.73 per cent of graduates were women (13,342 out of 25,793 graduates) during 2010. The Committee notes from the Decent Work Country Programme (DWCP) that the ILO provides technical assistance in a range of areas, including in vocational training, employment services and career guidance and counselling (Decent Work Country Programme 2010–15, p. 8). The Committee notes the Government’s indication that it would like to have ILO technical assistance to expand the vocational training centres. The Committee asks the Government to continue to provide statistics on the percentage of trainees and graduates benefitting from vocational training programmes, and to provide information on the number of women and men enrolled in the particular courses. The Committee also asks the Government to provide specific information on measures taken to encourage girls’ and women’s access to education at all levels, and to enhance their participation in a wide range of training programmes, including those in which men have traditionally predominated. Please provide information on any progress made with respect to the design and implementation of the affirmative action policy in education envisaged by the National Action Plan for the Women of Afghanistan (NAPWA).

Articles 2 and 3. Equality of opportunity and treatment of men and women. Public service. The Committee notes that the Government has organized training sessions for gender units established in all ministries in order to raise their awareness on labour related issues. The Government indicates that the Civil Service Commission, in all its vacancy announcements, invites women to apply and “always gives priority to women”. In broad terms, the Government repeats that in all ministries, women hold high ranking positions, giving a few specific examples. The Committee asks the Government to provide further information on the role and activities of the gender units in the ministries, in particular how they to promote equal opportunities for men and women within the public sector. The Committee also asks the Government to provide specific information on how the priority given to women in vacancies announced by the Civil Service Commission, is reflected in women’s representation in the public service, including in management positions.

Private sector. With respect to the private sector, the Committee recalls its previous comments in which it noted that one of the main objectives of the NAPWA and the DWCP was to promote the access of women to employment, including self-employment, and expressed the hope that, in cooperation with the social partners, the ILO and other relevant UN agencies, programmes and measures to this end would be implemented. The Committee asks the Government to provide specific information on any measures or programmes implemented under the NAPWA or the DWCP aimed at promoting women’s access to employment, and to self-employment.

Awareness raising. The Committee notes that publicity material on non-discrimination has been developed and distributed in the capital and provinces in order to raise awareness. The Committee also notes that awareness raising activities conducted by the Ministry of Labour, Social Affairs, Martyrs and Disabled, in order to raise awareness on the Labour Law, women’s rights and international labour standards amongst government officials, workers, employers, judges and civil society have continued. The Committee asks the Government to provide the following information:

• (i) examples of the activities organized and materials distributed to raise awareness and promote the principles of the Convention;
• (ii) specific information on the content of the training programmes organized in order to raise awareness amongst government officials, workers, employers, judges and the number of participants, as it relates to the Convention.

Statistics. The Committee welcomes the Government’s intention to undertake the first nationwide Labour Force Survey and Labour Market Needs Survey in the beginning of 2012. The Committee also notes that the Labour Market Information and Analysis Unit and employment service centres are in the process of being re-established. The Committee asks the Government to indicate the changes foreseen to the Labour Market Information and Analysis Unit and the Employment Service Centres. The Committee reiterates its request for any recent data available on the employment of men and women both in the private and public sectors.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1 and 2 of the Convention. Legislation. In response to its previous request to the Government to take the necessary measures to amend the Labour Law, the Committee notes the Government’s indication that the Labour Law is under review. The Government also indicates that one of the main objectives of a project launched under the Decent Work Country Programme (DWCP) for Afghanistan is to reform the labour laws, and that recommendations will be made in this context regarding amendments needed to bring the Labour Law into compliance with international labour standards, in cooperation with employers’ and workers’ organizations. Recalling that the prohibition of discrimination in section 9 of the Labour Law is very general, the Committee urges the Government to take the opportunity of the current labour law reform process to amend the law to prohibit direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention, and to provide information on steps taken in this regard. Please also provide specific information on the role of the social partners in this process. Recalling the terms of the National Action Plan for Women of Afghanistan (NAPWA), the Committee asks the Government to provide information on progress made to amend or repeal the laws that impair women’s potential to fulfil their social and economic rights and duties.

Civil service. Recalling its previous comments on the Civil Servants Act adopted in 2008, the Committee notes that the Government refers to section 9(1) of the Labour Law which prohibits discrimination in recruitment, payment of salary and allowances, and selection of a profession, as well as section 10 of the Civil Servants Act, prohibiting discrimination in recruitment based on the grounds of sex, ethnicity, religion, disability and physical deformity. The Committee recalls the importance of ensuring that civil servants are protected against discrimination based on at least all the grounds enumerated in the Convention and in all aspects of employment and occupation. Noting that a copy of the Civil Servants Act was not attached to the Government’s report as indicated, the Committee asks the Government to forward a copy so that it may examine its provisions in light of the Convention. The Committee also asks the Government to clarify whether the provisions of the Labour Law are applicable to civil servants covered under the Civil Servants Law, and if so, to specify the inter-relationship between section 9 of the Labour Law and section 10 of the Civil Servants Act.

Article 1(1)(b). Disability. The Committee welcomes the adoption of the Law on Rights and Benefits of People with Disability, which according to the Government provides for equal rights for persons with disabilities in terms of social, economic, political, cultural, educational, recreational and athletic participation in the society (section 15). The Committee asks the Government to forward a copy of the Law on Rights and Benefits of People with Disability and to provide information on measures taken in order to implement section 15 of the Law.

Article 5(1). Special measures of protection. Work prohibited for women. The Committee notes that the list of physically arduous or harmful work prohibited for women to be established under section 120 of the Labour Law, is still under preparation. The Government indicates generally that the list will not include prohibitions based on stereotyped assumptions. The Committee recalls that protective measures which are aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, are discriminatory and contrary to the Convention. Noting the absence of details regarding prohibitions set out in the list to be established under section 120 of the Labour Law, the Committee urges the Government to ensure that any restrictions on the work that can be done by women is strictly limited to maternity protection. The Committee also asks the Government to forward a copy of the list once it is adopted.

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

Articles 1 and 2 of the Convention. Legislation. The Committee notes from the National Action Plan for the Women of Afghanistan (NAPWA) adopted for 2007–17, that the amendment or repeal of all discriminatory laws that impair women’s potential to fulfil their social and economic rights and duties will be undertaken, including the revision of the Labour Code. Referring to its previous comments, the Committee notes the Government’s indication that it is envisaged that a definition of discrimination be included in the legislation in the near future. The Committee recalls that the prohibition of discrimination should cover all the grounds listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, as well as any other grounds that the Government may determine after consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b). The Committee requests the Government to take the necessary measures to amend the Labour Code so as to include a definition of both direct and indirect discrimination, covering at least all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds determined in accordance with Article 1(1)(b). The Committee hopes that the Government will be in a position to report progress in this respect in the near future.

The Committee further notes from the Government’s report that a new Civil Servants Law was adopted in July 2008, which prohibits discrimination based on “gender, tribe, religion and physical disability” with respect to recruitment of government employees and contracted workers (section 10(2)). In addition, section 16(8) provides for the right to bring a complaint against a superior or a colleague in case of discrimination at work on the basis of “sex, tribe, social status, religion, political and marital status”. The Committee requests the Government to take the necessary measures to ensure that civil servants are protected against discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention with respect to access to employment, vocational training, promotions as well as terms and conditions of employment. The Government is requested to provide information on the measures taken in this regard and a copy of the 2008 Civil Servants Law.

Noting that the new legislation on persons with disabilities was passed by the National Assembly, but has not yet been approved by the President, the Committee requests the Government to provide information on the anti‑discrimination provisions in such legislation and any measures taken to implement them. Please also provide a copy of the law as soon as it is approved.

Special measures of protection. Work prohibited for women. The Committee notes that the list of physically arduous or harmful work prohibited for women as envisaged under section 120 of the Labour Code has still not been established and that the Government requests the assistance of the ILO in developing such a list. The Committee requests the Government to ensure that, in the list to be established under section 120 of the Labour Code, prohibitions are limited to protecting maternity and not aimed at protecting women because of their sex or gender on the basis of stereotyped assumptions. Noting the Government’s intention to seek ILO assistance concerning this matter, the Committee asks the Government to consider sending a copy of the list to the Office for its comments prior to its adoption.

Equal access to vocational training and education. The Committee notes that one of the goals of the NAPWA and the Decent Work Country Programme (DWCP) adopted for 2010–15 is to increase training opportunities for women and men. Welcoming this information, the Committee wishes to emphasize that access to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market in that it is a key factor in determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion. The Committee encourages the Government to pursue and intensify its efforts to increase vocational training opportunities for women and men, including through the implementation of the National Action Plan for the Women of Afghanistan and the Decent Work Country Programme. The Committee requests the Government to take the necessary steps to enhance the participation of women in such programmes, including measures to inform girls and women of the range of training courses and occupations open to them. The Government is requested to provide information on the progress made in this respect.

The Committee notes from the NAPWA that the status of girls and women in education remains a matter of concern. The gross enrolment rate for girls at the primary-school level was 54 per cent in 2004, while the total gross enrolment rate was 94 per cent. The NAPWA further states that boys are twice as likely as girls to complete primary school, and this difference widens at secondary-school level, and widens further in higher education. The Committee considers that limited access to education impairs women’s future employment opportunities and makes them more susceptible to unemployment and poverty. The Committee requests the Government to provide information on measures taken to promote girls’ and women’s access to education at all levels, including in the design and implementation of the affirmative action policy in education envisaged in the NAPWA.

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that gender units have been established in all the ministries and that the Civil Service Commission, in all its vacancy announcements, invites women to apply and gives priority to women. The Government also indicates in very broad terms that in all the ministries women hold high-ranking positions.

With respect to the private sector, the Committee observes that very little information is available on the participation of men and women in the labour market. It also notes from the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR), that women continue to face discrimination in many domains due to the persistence of stereotypes and customary practices that marginalize them and that there is a discrepancy between the legal framework and the inequality in practice in various sectors including employment (E/C.12/AFG/CO/2-4, 21 May 2010, paragraph 18).

The Committee notes however that promoting the access of women to employment, including self-employment, is one of the main objectives set in the NAPWA and the DWCP and it hopes that, in cooperation with the social partners, the ILO and other relevant UN agencies, the programmes and measures to this end will be implemented in the near future. The Committee requests the Government to provide information on the measures taken to promote equal opportunities for men and women in employment and occupation both in the private and public sectors, and on their impact on the employment of women. Please also provide further information with respect to the “priority given to women in recruitment” by the Civil Service Commission, including in management positions. 

Awareness raising. The Committee notes from the Government’s report that a project on awareness raising of the Labour Code and international labour standards is being implemented among government officials, workers, employers, judges and non-governmental organizations and that, within this framework, training programmes are being organized on the rights of women workers and non-discrimination. The Committee strongly encourages the Government to intensify its awareness-raising activities on gender equality and non-discrimination in employment and occupation to effectively address assumptions and stereotypes on the capacity of women and their role in society. Please continue to provide information on awareness-raising activities undertaken, specifying the role of employers’ and workers’ organizations in this respect.

Statistics. Noting that one of the outcomes of the Decent Work Country Programme is the establishment of labour market information systems providing detailed and disaggregated information on key labour market indicators, the Committee would appreciate it if the Government could provide any recent data available on the employment of men and women both in the private and public sectors.

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

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.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislative developments. The Committee notes that according to the Government, a new Labour Code was submitted to the National Assembly for approval in April 2007. The new Code provides in section 9(1) that there should be no discrimination in recruitment, payment of wages and allowances, occupations, the right to education and social protection, but it does not appear to cover discrimination in other terms and conditions of employment or with respect to termination. The Committee also notes that no definition of “discrimination” is set out in the Code. The Committee requests the Government to provide information on the status of the new Labour Code, and its entry into force. The Committee also asks the Government to include a definition of discrimination, in accordance with Article 1 of the Convention, and ensure that the prohibition of discrimination covers all terms and conditions of employment and termination of employment as well as all the prohibited grounds listed in the Convention. The Committee requests the Government to provide information on the measures taken in this regard.

2. The Committee further notes that section 9(2) of the new Labour Code provides that during pregnancy and after child birth, and in other cases envisaged by the legislation, certain benefits are provided to women in the workplace. It notes with interest that it is forbidden to refuse to employ women or to reduce their wages due to pregnancy or nursing of children (section 125) and that additional breaks are available for nursing mothers (section 124). In addition, section 126 envisages the establishment of kindergartens and nurseries at the workplace. Section 120 prohibits the employment of women in work that is physically arduous or harmful to health or that is being carried out underground. Noting that a list of the specific types of work concerned is to be prepared by the Government, the Committee recalls that such exclusions should not go beyond what is strictly necessary to protect women’s reproductive capacity, and that 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 and to provide the texts of any other legislative provisions regulating the employment of women. The Committee would also appreciate information on the practical application of the above-noted provisions and their impact on women’s equality in employment and occupation.

3. Application in practice. The Committee notes from the report of the High Commissioner for Human Rights on the situation of human rights in Afghanistan that while women in Afghanistan have made significant advances, including regarding their participation in Parliament and the public sector, progress in the realization of gender equality continues to be held back owing to discrimination, insecurity and the persistence of customary practices (A/HRC/4/98, 5 March 2007, paragraph 13). The Committee notes with interest the various activities carried out by the Afghanistan Independent Human Rights Commission with regard to the promotion of equality of men and women. The Committee requests the Government to indicate the measures taken to promote equal access to vocational training and employment and occupation of women, disabled persons and disadvantaged ethnic minorities, including those from nomadic communities. In this regard, the Government is requested to collect statistical information on the number of men and women participating in the various vocational training programmes and to provide this information to the Committee.

4. The Committee encourages the Government, in cooperation with workers’ and employers’ organizations, as well as other appropriate bodies such as the Afghanistan Independent Human Rights Commission and women’s organizations, to raise awareness and understanding of the non-discrimination provisions of the Labour Code and the provisions of the Convention. It requests the Government to indicate in its next report any awareness-raising or training activities carried out or planned with regard to the Labour Code’s non-discrimination provisions targeting, in particular, workers’ and employers’ representatives and public officials responsible for monitoring the Code’s application.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the Government’s report and the comments from various trade unions attached to it, including comments from the All Women Union of Afghanistan, the All Afghanistan Federation of Trade Unions, the Workers and Employers National Union of Afghanistan, and the Central Council National Union Labour of Afghanistan. These trade unions state that, while discrimination was prohibited by law, employment discrimination based on sex, ethnic origin, place of origin or political considerations continued to occur, including in public sector employment. The Committee also notes that, according to the 2005 report of the United Nations High Commissioner for Human Rights on the situation of human rights in Afghanistan, the main reasons for high unemployment in Afghanistan are discrimination based on gender, disability and ethnic grounds, lack of job opportunities or economic activities and the lack of required skills and qualifications (A/60/343, 9 September 2005, paragraph 59).

2. Application in law. The Committee notes that the 2006 draft Labour Code contains a number of provisions concerning the principle of non-discrimination. Such provisions, once adopted, will be an important basis for moving towards the elimination of discrimination and the promotion of equality. The Committee encourages the Government to continue its efforts to ensure that the new Labour Code will prohibit discrimination with respect to all areas of employment and occupation, particularly in respect of vocational training and guidance, recruitment, and terms and conditions of employment, and that the legislation will prohibit discrimination based on all the grounds listed in Article 1(1)(a) of the Convention, i.e. race, colour, sex, religion, political opinion, national extraction and social origin. Noting that several trade unions indicated that they had not been able to express their views on the draft legislation, the Committee recalls that the Government is required under Article 3(a) of the Convention to seek the cooperation of workers’ and employers’ organizations in promoting acceptance and observance of the national policy to promote equality of opportunity and treatment to be adopted and implemented under the Convention. The Committee requests the Government to keep it informed of the progress made in adopting new legal provisions applying the Convention and on the manner in which the cooperation of workers’ and employers’ organizations has been sought in this process. It also requests the Government to indicate the measures taken to repeal all laws, regulations and instructions restricting the access of women and girls to education and employment.

3. Application in practice. The Committee recalls that the Convention is intended to promote equality of opportunity and treatment in law and in practice. Having acknowledged the legislative efforts under way, the Committee thus urges the Government to take measures to promote, in practice, equality of opportunity and treatment of men and women, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, or any other ground determined under Article 1(1)(b). Drawing the Government’s attention to the provisions of Article 3(d) and (e), the Committee urges the Government to take appropriate steps with a view to eliminating and preventing discrimination in respect of employment under the direct control of national authorities and in the activities of vocational guidance and training, as well as placement services. In this regard, the Committee considers that it would be useful to undertake training and awareness-raising activities concerning non-discrimination and equality for public officials responsible for applying, monitoring and enforcing labour legislation, as well as workers’ and employers’ representatives. The Government is also encouraged to monitor, on a continuing basis, the level of participation of men and women in the different areas of vocational training and employment. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that the Convention and national non-discrimination provisions are applied in practice.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Articles 1 and 2 of the Convention. A national policy to promote equality of opportunity and treatment in employment and occupation. Recalling its previous observations, the Committee notes the adoption of the new Afghan Constitution on 4 January 2004 which calls in its preamble for the creation of a civil society free from oppression, atrocity, discrimination and violence, based on the rule of law, social justice and the protection of human rights. The Committee particularly notes that article 22 provides that any kind of discrimination and privilege between the citizens of Afghanistan is prohibited and that all citizens - whether women or men - have equal rights and duties before the law. It notes in addition that the Constitution provides that followers of all religions are free to practice their faith, and recognizes that many ethnic groups compose the Afghan nation.

2. The Committee hopes that the Government will soon be in a position to take all the necessary measures to declare and pursue, in law and in practice, a national policy designed to promote equality of opportunity and treatment in employment and occupation irrespective of race, colour, sex, religion, political opinion, national extraction, and social origin, as envisaged under Articles 1 and 2 of the Convention. In this context, the Committee particularly requests the Government to ensure that the human rights of women and girls are promoted and protected in respect of education, training, employment and occupation, in both rural and urban areas. It also urges the Government to repeal expressly all existing laws, regulations and instructions that restrict the access of women and girls to education and employment, as they are contrary to the Convention.

3. In the light of the recent changes in the country, the Government is asked to make every effort to provide a full report on the application of the Convention in law and practice in accordance with the report form established by the Governing Body for this purpose.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee recalls its previous observation, in which it stressed the importance of making the Convention an integral part of the ongoing process towards peace, stability and reconstruction. It notes that the Constitutional Commission released a draft Constitution on 3 November 2003 and that a nationwide public consultation process is taking place in which women actively participate. It welcomes the fact that the draft aims at the creation of a civil society free of discrimination, based on the rule of law, social justice, and the protection of human rights and dignity. Section 22 of the draft provides that any kind of discrimination and privilege between citizens of Afghanistan is prohibited and that Afghan citizens have equal rights and duties before the law. Noting that the Draft Constitution soon will be discussed at the Constitutional Loya Jirga, the Committee hopes that the text adopted will take the requirements of the Convention fully into account, providing a constitutional basis for giving effect to the principle of non-discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, and the promotion of equality in employment and occupation. Beyond the constitutional process, the Committee asks the Afghan Transitional Authority and its successors to take all the necessary measures to declare and pursue, in law and in practice, a national policy designed to promote equality of opportunity and treatment in employment and occupation between women and men and among all ethnic groups as envisaged under Articles 1 and 2 of the Convention.

2. With reference to its previous comments on the situation of women and girls in education and employment, the Committee notes with interest that Afghanistan ratified the Convention on the Elimination of All Forms of Discrimination Against Women in March 2003. However, as concerns the situation of women and girls in practice, the Committee notes from the report of the Special Rapporteur of the Commission on Human Rights on violence against women that various factors continue to prevent equal participation of girls in education, including attacks on girls’ schools and discriminatory traditional practices (UN doc. A/58/421, 6 October 2003). It also understands that, despite some progress made, women continue to experience discrimination with regard to access to employment and occupation. The Committee therefore hopes that the Transitional Authority and its successors will make every effort to promote and protect the human rights of women and girls in both rural and urban areas, including in respect of education, training, employment and occupation and considers legal literacy and awareness-raising programmes throughout the country as an important tool for achieving this objective. Finally, the Committee once again urges the Transitional Authority to repeal expressly all existing laws, regulations and instructions that restrict the access of women and girls to education and employment, as they are contrary to the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. At its previous session, the Committee expressed its hope that the transitional process on which Afghanistan has embarked after the end of the Taliban regime would soon lead to peace, political stability, reconstruction, as well as the establishment of institutions truly reflecting the diversity of the country, with the full and equal participation of women. The Committee stressed the importance of making the application of the Convention an integral part of this process. It also considered that the principle of non-discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin and the promotion of equality, as provided for in the Convention, are fundamental to rebuilding a multi-ethnic society on the foundations of respect, understanding and tolerance.

2. The Committee notes the establishment of a Transitional Administration at the closing of the Emergency Loya Jirga in June 2002. While being concerned that insecurity and violence, particularly outside the capital, continue to threaten the recovery process, the Committee is encouraged by certain signs of progress, such as the return of many women and girls to schools, universities and employment, and the establishment of a Ministry for Women’s Affairs and an independent Human Rights Commission. It also notes the assistance provided by the international community with regard to promoting gender equality, including through the International Labour Office. Given the long history of discrimination against women in Afghanistan and its continuing existence as evidenced, for instance, by incidents of continuing resistance against girls’ education, the Committee hopes that the Transitional Administration will make every effort to promote and protect the human rights of women and girls throughout the country, including in respect to education, training, employment and occupation. While noting that under the Bonn Agreement existing laws will be applicable to the extent that they are not inconsistent with the Agreement or with Afghanistan’s international legal obligations, the Committee once again urges the Transitional Administration and its successors to repeal expressly all existing laws, regulations and instructions that restrict the access of women and girls to education and employment, as they are contrary to the Convention.

3. Noting also the creation of a Constitutional Drafting Commission (UN document A/57/487 of 21 October 2002), the Committee trusts that the constitutional process under way will take Afghanistan’s obligations under the Convention fully into consideration and that the future constitution will establish the equal status of men and women, including equal rights, opportunity and treatment, and will provide for a prohibition of discrimination in employment and education on all the grounds enumerated in the Convention. It therefore asks the Transitional Administration to bring the Convention to the attention of the drafters of the new constitution and to take the necessary measures to declare and pursue, in law and practice, a national policy designed to promote equality of opportunity and treatment in employment and occupation as envisaged under Articles 1 and 2 of the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. Over several years, the Committee has noted with increasing concern the deteriorating situation in Afghanistan and the communications of the International Confederation of Free Trade Unions (ICFTU) alleging grave violations of the Convention by the Taliban authorities. The Committee expressed its growing outrage at the persistence of gross and systematic violations of human rights in Afghanistan, particularly the severe restrictions on women’s education, of all types and at all levels, and on their employment outside the home. The impact of these restrictions has been felt most profoundly in urban areas where women previously worked in all sectors of employment, including in scientific, academic and technical fields as well as in government positions. The Committee noted that the explicit policy of discrimination against women resulted in women’s widespread poverty, low literacy levels, lack of opportunities to participate in public life and limited access to heath-care facilities, as well as beatings and public humiliation. The Committee had also commented on severe discrimination in employment (on the basis of political opinion) against intellectuals, community leaders, former army officers and civil servants, and on the need to protect members of ethnic minorities from discrimination in employment and occupation.

2. The Committee is aware of the changing situation in Afghanistan and hopes that the recent negotiations will lead to peace, recovery and reconstruction. Noting the statement of the Secretary-General of the United Nations that it will be necessary to make previously excluded groups, particularly women, full participants, the Committee points to the importance of making the application of the Convention an integral part of this process. The principle of non-discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin and the promotion of equality, as provided for in the Convention, is fundamental to rebuilding a multi-cultural society on the foundations of respect and tolerance. The Committee, therefore, urges the new authorities to assume full responsibility under the Convention and to take measures to prohibit discrimination on all grounds covered by the Convention. The Government is particularly urged to repeal all laws and regulations enacted by the Taliban authorities, restricting the access of women and girls to education and employment, which is contrary to the Convention.

3. The Committee hopes that the recent developments will soon lead to political stability and the establishment of institutions truly reflecting the diversity of the country and conducive to ensuring that the protection afforded by the Convention is fully enjoyed by all working men and women in Afghanistan. It urges the authorities to make every effort to declare and pursue, in law and practice, a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation as envisaged under Articles 1 and 2 of the Convention. The Committee would be grateful if the authorities would provide information in future on measures taken or planned in this respect and draws their attention to the possibility of having recourse to the technical cooperation of the International Labour Office.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

1.  The Committee notes with regret that no report has been received from the Government. Further to its previous observations, the Committee notes with increasing concern the communication of the International Confederation of Free Trade Unions (ICFTU) dated 15 October 1999, alleging violation of the Convention by the Taliban authorities. In its communication, the ICFTU draws attention to the following United Nations documents: the Report of the Special Rapporteur on the Situation of Human Rights in Afghanistan of the United Nations Commission on Human Rights (E/CN.4/1999/40), the Commission on Human Rights Resolution 1999/9 on the Situation of Human Rights in Afghanistan, the Report of the Secretary-General on the Situation of Women and Girls in Afghanistan of the Sub-Commission on the Promotion and Protection of Human Rights (E/CN.4/Sub.2/1999/13) and the Sub-Commission Resolution 1999/14 on the Situation of Women and Girls in Afghanistan. The communication was transmitted to the Government for comment on 12 November 1999. Further, the Committee notes the concerns expressed by the Worker and Employer members at the Conference Committee on the Application of Standards in June 1999 on the application of the Convention by Afghanistan.

2.  In its previous observation, the Committee had noted with deep concern the continuing grave abuses of the human rights of women in Afghanistan, and in particular the severe restrictions on their education and employment. It noted not only that the widespread discrimination imposing harsh conditions upon women and girls had remained one of the most preoccupying aspects of the situation of human rights in Afghanistan, but that the situation had dramatically deteriorated throughout 1997 and 1998. Further, the Committee noted with grave concern the information contained in the Report of the Special Rapporteur of the United Nations Commission on Human Rights (A/52/493 of 16 October 1997) and the Report of the United Nations Secretary-General (E/CN.4/1998/71 of 12 March 1998), which confirmed earlier comments received in 1997 from the ICFTU, and noted by the Committee, alleging serious violations of the Convention. The Committee also took notice of a number of texts of regulations issued by the Department for the Preservation of Virtue and the Prevention of Vice of Afghanistan restricting women’s employment as regards jobs in international and national agencies and in hospitals and clinics. It considered such regulations to constitute a further confirmation of the policy of discrimination against women and girls in education and employment. Noting also that male education has suffered significantly since the banning of female employment and education by the Taliban authorities and that even the delivery of humanitarian assistance had been seriously obstructed, the Committee requested the Government to provide detailed information on all the measures being taken to remove the restrictions and prohibitions on females in education and employment.

3.  Noting the information contained in the abovementioned reports of 1999 of the United Nations, as well as in the latest Interim Report of the UN Special Rapporteur on the Situation of Human Rights in Afghanistan (A/54/422 of 30 September 1999), the Committee remains very concerned about the continuing grave violations of the human rights of women and girls in Afghanistan. The Committee notes from the 1999 Reports of the UN Secretary-General that women continue to be denied the most basic rights, including the right to all levels and types of education and employment outside the home. The impact of the restrictions on women’s employment and education has been felt most profoundly in urban areas where women used to work in all sectors of employment, including in scientific, academic and technical fields as well as in government positions. Moreover, the reports indicate that, in certain areas, restrictions imposed by the Department for the Preservation of Virtue and the Prevention of Vice of Afghanistan have been enforced through the use of cruel, inhuman and degrading punishment and ill-treatment, including the beating of women by Taliban guards in public places. The Committee further notes that "hardly any girls and only 24 per cent of the boys attend school" and "that in most parts of the country, women continue to suffer widespread poverty, low literacy levels, limited opportunities to participate in public life, limited availability to heath care facilities and restrictions on their employment in urban areas".

4.  In its previous observation, the Committee noted the decision of the Kabul Caretaker Shura of 28 April 1998 concerning the employment of female professionals, and hoped that this decision signalled a change in the restrictive policy on women’s employment. In this connection, the Committee notes that the UN Special Rapporteur on the Situation of Human Rights in Afghanistan observed some relaxations of the restrictions imposed on the rights of women, notably, that Afghan women are currently allowed to work in the medical sector as doctors and nurses; that a recent edict of 1999 exempted needy widows from the restriction on employment in urban areas; and that on 24 April 1999, the Minister for Health issued a first protocol officially allowing Afghan women to work with a foreign aid organisation. The Committee also notes that a more flexible attitude was expressed by the Taliban representatives with regard to access of girls to education, and that Taliban authorities have allowed support for home-based schools for girls in Kandahar, parallel to improved education for boys. While noting these few positive indications with regard to the employment and education of women and girls, the Committee is, nevertheless, extremely disturbed by the findings of the UN Special Rapporteur on Violence Against Women, who visited Afghanistan in September 1999 and described the violations of human rights and discrimination against women as systematic. The Rapporteur found that the denial of employment to women had resulted in a rise in begging and prostitution in the country. Noting that the restrictions and prohibitions on females in education and employment, referred to in the Committee’s previous observation, appear still to be in force and to have detrimental consequences on the livelihoods of women, the Committee urges the Government to remove these restrictions and prohibitions and to take the necessary steps to ensure respect for the basic rights of women and girls in employment and education. The Committee reiterates its previous request to indicate whether any female professionals have been hired or rehired pursuant to the abovementioned decision of the Kabul Caretaker Shura or the other agreements, and to provide general information on how the decision and agreements are applied in practice.

5.  The Committee notes from the Interim Report of the Special Rapporteur (30 September 1999) that the Taliban authorities indicated that a Constitution was in preparation, but that no draft was yet available for discussion. The Committee would be grateful to receive a copy of the draft text of the Constitution, once available.

6.  Discrimination on other grounds.  In its previous observation, the Committee noted with concern that, according to the 1998 report of the UN Secretary General on the Situation of Human Rights in Afghanistan, former members of the Communist Party had suffered discrimination in employment. The Committee noted from the report that measures taken in 1997 affected some 70 professors and lecturers from Kabul University and the Polytechnic Institute, as well as 42 employees from the Taliban Ministry of Public Health and 122 military prosecutors, and it requested full information on all measures taken to ensure non-discrimination in employment and occupation on the basis of political opinion. The Committee has been informed that Afghan intellectuals, community leaders, former army officers and civil servants, as well as locally recruited staff of international organizations, have reportedly been arrested, and tortured or killed, on account of their political activities. It urges the Government to take the necessary measures to ensure non-discrimination in employment and occupation on the basis of political opinion and to provide full information in this regard. Further, the Committee notes that the abovementioned United Nations reports contain indications of grave human rights abuses on grounds of ethnicity, including restrictions on freedom of movement, in particular of the Hazaras in the Central Highlands. The Committee hopes that the next report will contain full information on all measures taken to protect members of ethnic minorities from discrimination in employment and occupation.

7.  The Committee urges that full information be provided in the next report on all points covered in its comments which requested detailed information on the abovementioned violations of the Convention and on the points covered in the communication transmitted by the ICFTU in 1997. The Committee must express its growing outrage at the persistence of these developments, which constitute gross and systematic violations of the Convention and of the basic human rights that should be guaranteed to all women as well as men. Noting the detrimental consequences on the well-being of the society as a whole and in particular on the livelihoods of women, the Committee cannot not but urge the immediate cessation of all such reprehensible actions.

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

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes with regret that no report has been received from the Government. Further to its previous observations, the Committee notes with increasing concern the communication of the International Confederation of Free Trade Unions (ICFTU) dated 15 October 1999, alleging violation of the Convention by the Taliban authorities. In its communication, the ICFTU draws attention to the following United Nations documents: the Report of the Special Rapporteur on the Situation of Human Rights in Afghanistan of the United Nations Commission on Human Rights (E/CN.4/1999/40), the Commission on Human Rights Resolution 1999/9 on the Situation of Human Rights in Afghanistan, the Report of the Secretary-General on the Situation of Women and Girls in Afghanistan of the Sub-Commission on the Promotion and Protection of Human Rights (E/CN.4/Sub.2/1999/13) and the Sub-Commission Resolution 1999/14 on the Situation of Women and Girls in Afghanistan. The communication was transmitted to the Government for comment on 12 November 1999. Further, the Committee notes the concerns expressed by the Worker and Employer members at the Conference Committee on the Application of Standards in June 1999 on the application of the Convention by Afghanistan.

2. In its previous observation, the Committee had noted with deep concern the continuing grave abuses of the human rights of women in Afghanistan, and in particular the severe restrictions on their education and employment. It noted not only that the widespread discrimination imposing harsh conditions upon women and girls had remained one of the most preoccupying aspects of the situation of human rights in Afghanistan, but that the situation had dramatically deteriorated throughout 1997 and 1998. Further, the Committee noted with grave concern the information contained in the Report of the Special Rapporteur of the United Nations Commission on Human Rights (A/52/493 of 16 October 1997) and the Report of the United Nations Secretary-General (E/CN.4/1998/71 of 12 March 1998), which confirmed earlier comments received in 1997 from the ICFTU, and noted by the Committee, alleging serious violations of the Convention. The Committee also took notice of a number of texts of regulations issued by the Department for the Preservation of Virtue and the Prevention of Vice of Afghanistan restricting women's employment as regards jobs in international and national agencies and in hospitals and clinics. It considered such regulations to constitute a further confirmation of the policy of discrimination against women and girls in education and employment. Noting also that male education has suffered significantly since the banning of female employment and education by the Taliban authorities and that even the delivery of humanitarian assistance had been seriously obstructed, the Committee requested the Government to provide detailed information on all the measures being taken to remove the restrictions and prohibitions on females in education and employment.

3. Noting the information contained in the abovementioned reports of 1999 of the United Nations, as well as in the latest Interim Report of the UN Special Rapporteur on the Situation of Human Rights in Afghanistan (A/54/422 of 30 September 1999), the Committee remains very concerned about the continuing grave violations of the human rights of women and girls in Afghanistan. The Committee notes from the 1999 Reports of the UN Secretary-General that women continue to be denied the most basic rights, including the right to all levels and types of education and employment outside the home. The impact of the restrictions on women's employment and education has been felt most profoundly in urban areas where women used to work in all sectors of employment, including in scientific, academic and technical fields as well as in government positions. Moreover, the reports indicate that, in certain areas, restrictions imposed by the Department for the Preservation of Virtue and the Prevention of Vice of Afghanistan have been enforced through the use of cruel, inhuman and degrading punishment and ill-treatment, including the beating of women by Taliban guards in public places. The Committee further notes that "hardly any girls and only 24 per cent of the boys attend school" and "that in most parts of the country, women continue to suffer widespread poverty, low literacy levels, limited opportunities to participate in public life, limited availability to heath care facilities and restrictions on their employment in urban areas".

4. In its previous observation, the Committee noted the decision of the Kabul Caretaker Shura of 28 April 1998 concerning the employment of female professionals, and hoped that this decision signalled a change in the restrictive policy on women's employment. In this connection, the Committee notes that the UN Special Rapporteur on the Situation of Human Rights in Afghanistan observed some relaxations of the restrictions imposed on the rights of women, notably, that Afghan women are currently allowed to work in the medical sector as doctors and nurses; that a recent edict of 1999 exempted needy widows from the restriction on employment in urban areas; and that on 24 April 1999, the Minister for Health issued a first protocol officially allowing Afghan women to work with a foreign aid organisation. The Committee also notes that a more flexible attitude was expressed by the Taliban representatives with regard to access of girls to education, and that Taliban authorities have allowed support for home-based schools for girls in Kandahar, parallel to improved education for boys. While noting these few positive indications with regard to the employment and education of women and girls, the Committee is, nevertheless, extremely disturbed by the findings of the UN Special Rapporteur on Violence Against Women, who visited Afghanistan in September 1999 and described the violations of human rights and discrimination against women as systematic. The Rapporteur found that the denial of employment to women had resulted in a rise in begging and prostitution in the country. Noting that the restrictions and prohibitions on females in education and employment, referred to in the Committee's previous observation, appear still to be in force and to have detrimental consequences on the livelihoods of women, the Committee urges the Government to remove these restrictions and prohibitions and to take the necessary steps to ensure respect for the basic rights of women and girls in employment and education. The Committee reiterates its previous request to indicate whether any female professionals have been hired or rehired pursuant to the abovementioned decision of the Kabul Caretaker Shura or the other agreements, and to provide general information on how the decision and agreements are applied in practice.

5. The Committee notes from the Interim Report of the Special Rapporteur (30 September 1999) that the Taliban authorities indicated that a Constitution was in preparation, but that no draft was yet available for discussion. The Committee would be grateful to receive a copy of the draft text of the Constitution, once available.

6. Discrimination on other grounds. In its previous observation, the Committee noted with concern that, according to the 1998 report of the UN Secretary General on the Situation of Human Rights in Afghanistan, former members of the Communist Party had suffered discrimination in employment. The Committee noted from the report that measures taken in 1997 affected some 70 professors and lecturers from Kabul University and the Polytechnic Institute, as well as 42 employees from the Taliban Ministry of Public Health and 122 military prosecutors, and it requested full information on all measures taken to ensure non-discrimination in employment and occupation on the basis of political opinion. The Committee has been informed that Afghan intellectuals, community leaders, former army officers and civil servants, as well as locally recruited staff of international organizations, have reportedly been arrested, and tortured or killed, on account of their political activities. It urges the Government to take the necessary measures to ensure non-discrimination in employment and occupation on the basis of political opinion and to provide full information in this regard. Further, the Committee notes that the abovementioned United Nations reports contain indications of grave human rights abuses on grounds of ethnicity, including restrictions on freedom of movement, in particular of the Hazaras in the Central Highlands. The Committee hopes that the next report will contain full information on all measures taken to protect members of ethnic minorities from discrimination in employment and occupation.

7. The Committee urges that full information be provided in the next report on all points covered in its comments which requested detailed information on the abovementioned violations of the Convention and on the points covered in the communication transmitted by the ICFTU in 1997. The Committee must express its growing outrage at the persistence of these developments, which constitute gross and systematic violations of the Convention and of the basic human rights that should be guaranteed to all women as well as men. Noting the detrimental consequences on the well-being of the society as a whole and in particular on the livelihoods of women, the Committee cannot not but urge the immediate cessation of all such reprehensible actions.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes with regret that no report has been received from the Government. It must therefore refer to its previous observation in which it noted with deep concern the communication of the International Confederation of Free Trade Unions (ICFTU) dated 4 August 1997, alleging violations of the Convention by the Taliban authorities. The ICFTU comments included two reports by Amnesty International (AI) on grave abuses of human rights of women in Afghanistan (November 1996 and June 1997). The Committee had noted that, according to the ICFTU communication and the attached reports, the Taliban armed militia has restricted women to their homes and has banned them from going to work; that girls and women have been banned from going to school and attending institutions of higher education; and that in several instances, women defying these orders have been beaten in public by Taliban guards using long chains. The Committee also noted that the prohibition by the Taliban authorities barring women staff from participating in ongoing programmes outside the health sector had severely curtailed the humanitarian activities of the United Nations agencies and non-governmental organizations. The above-mentioned communications indicated that, according to UNICEF estimates, 700,000 women have been widowed after nearly 20 years of war in Afghanistan and that most of these women are now not permitted to work to support themselves and their families, although some exceptions have been made. The women who have been given permission to work are said not to be secure in the areas controlled by the Taliban and some have been beaten and humiliated in public. The Committee had noted that the above-mentioned communications indicated a lack of respect for the obligation to apply to girls and women the fundamental human rights covered by the Convention. The Committee was also conscious that measures of the type described have imposed considerable hardship on the families of the women concerned, as well as on those who benefit in various ways from the activities undertaken by women.

2. The Committee notes with grave concern the information contained in the Report of the Special Rapporteur of the United Nations Commission on Human Rights (A/52/493 of 16 October 1997) and the latest Report of the Secretary- General (E/CN.4/1998/71 of 12 March 1998) on the current human rights situation in Afghanistan. The Committee notes not only that the widespread discrimination imposing harsh conditions upon women and girls remains one of the most preoccupying aspects of the situation of human rights in Afghanistan, but that the situation dramatically deteriorated throughout 1997 and 1998. Both reports confirm the details of the above-referenced communications and indicate that women continue to be denied the right to paid employment outside the home (except within the health sector), to freedom of association and to choice in matters pertaining to personal dress and transportation.

3. The Committee has also taken notice of the following texts of regulations issued by the Department for the Preservation of Virtue and the Prevention of Vice of Afghanistan restricting women's employment:

(i) A Declaration issued in December 1996, which is accorded the status of a legal document, provides that Afghan women are not to apply for any job in foreign agencies and are not to go to those agencies. The Declaration states that "..., if (women) are chased, threatened and investigated by (the Department), the responsibility will be on them".

(ii) Two sets of Regulations, both dated 16 July 1997: one for all international and national agencies, and one for hospitals and clinics. These Regulations set forth, inter alia, the following restrictions on women's employment: (a) women are not allowed to be employed in governmental departments or international agencies and women should not leave their residences; (b) assistance to widows and needy women is to be provided through their male blood relatives without the employment of females; (c) women are allowed to work only in the health sector, at hospitals and clinics; (d) Afghan women cannot be appointed as senior female staff in foreign-owned hospitals; (e) wherever women are employed they should preserve their dignity, walk calmly and avoid creating noise by their footsteps; (f) no Afghan woman is allowed to travel in a vehicle with foreigners; (g) women are allowed to work in vocational sectors such as embroidery, weaving, etc., in which case they do not leave their houses; the Department should be informed beforehand through their blood relatives; and (h) if international agencies or Afghan non-governmental organizations decide to employ or assist women, they should first obtain permission from the Department.

4. The above-referenced Regulations issued by the Taliban authorities constitute a further confirmation of the explicit policy of discrimination against women and girls in education and employment. The Committee notes that UN estimates indicate that as many as 150,000 women in Kabul have been barred from paid employment, including about 30,000 war widows who are the sole income earners for their families. It is believed that only 20 per cent of the female workforce formerly employed in the health sector is currently working in that sector. When Kabul's university opened in 1997, only male students were allowed. More than 100,000 girl students in Kabul are barred from obtaining an education and women teachers, who formerly constituted over 70 per cent of the teaching staff, are obliged to remain home. The Committee notes from the Report of the Special Rapporteur that restrictions have also been placed on women's employment in the northern part of the country which is controlled by the United Islamic Salvation Front. Moreover, male education has suffered significantly since the banning of female employment and education by the Taliban authorities in areas that are under Taliban control, and even the delivery of humanitarian assistance has been seriously obstructed. The Committee urges the Government to provide detailed information on all of the measures being taken to remove the restrictions and prohibitions on females in education and employment.

5. The Committee takes due note of a UN communication including the decision of the Kabul Caretaker Shura of 28 April 1998 that "in connection with the work of female professionals in the Islamic Emirate of Afghanistan, a commission composed of the Minister of Mines and Industries, the Minister of Public Health and the Deputy Minister of Central Statistics (...) should fully seek legal advice in resuming (employment of) female professionals". The decision further states that, in the event of positive advice (permitting employment) "all ministries, offices, and foreign organizations should take the necessary action to assign female professionals through the Ministries of Mines and Industries". The Committee hopes that the decision cited above may signal a change in the restrictive policy on women's employment; it requests the Government to indicate whether any female professionals have been hired or rehired pursuant to this decision, and to provide general information on the extent to which this decision has been applied in practice.

6. Discrimination on the ground of political opinion. The Committee notes with concern that, according to the 1998 Report of the UN Secretary-General, former members of the Communist Party have suffered discrimination in employment. The report states that, in 1997, "some 70 professors and lecturers from Kabul University and the Polytechnic Institute had been fired recently by the Taliban authorities on account of alleged association with the previous communist authorities". Further, according to the report, these measures have also negatively affected 48 employees of the Taliban Ministry of Public Health and 122 military prosecutors. The Committee hopes the next report will contain full information on all measures taken to ensure non-discrimination in employment and occupation on the basis of political opinion.

7. The Committee notes again with deep concern that no response has been received to its 1996 and 1997 observations, including the communication transmitted by the ICFTU, which requested detailed information. Therefore, the Committee urges that full information be provided in the next report on all points covered in its comments. The Committee feels compelled to point out that the above-described developments in the country constitute not only a violation of the Convention but also a serious violation of basic human rights that should be guaranteed to all women as well as men.

[The Government is asked to supply full particulars to the Conference at its 87th Session.]

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes that no report has been received from the Government. Further to its previous observation, the Committee notes the communication of the International Confederation of Free Trade Unions (ICFTU) dated 4 August 1997, alleging the violation of the Convention by the Taleban authorities, which includes two reports by Amnesty International, entitled "Amnesty International country report on Afghanistan: Grave abuses in the name of religion" (November 1996) and "Women in Afghanistan: The violations continue" (June 1997). This communication was transmitted for comment on 12 August 1997, but no reply to the observations has been received.

2. The Committee notes from the ICFTU communication the allegation that "The Taleban armed militia, which controls around two-thirds to three-quarters of the country, including the capital city, Kabul, enforces a strict code of behaviour in regions under its control. This includes edicts, issued arbitrarily, which restrict women to their homes and ban them from going to work. Girls and women are banned from going to school and attending higher education institutes. These bans have been imposed until further notice. As the Taleban have strengthened their control, there has been no relaxing of restrictions. In several instances, women defying these orders have been beaten in public by Taleban guards using long chains." It also notes from the November 1996 report of Amnesty International the comment that in November and December 1996:

... the humanitarian work of the United Nations agencies and non-governmental organizations (was) severely curtailed by the Taleban authorities, which do not permit women staff to participate in ongoing programmes outside of the health sector. Without women staff, agencies are not able to carry out needs assessment, distribution, monitoring and other activities vital to reaching individuals in need. Agencies have noted a dramatic increase in mine-related injuries suffered by women and children following the prohibition of women's participation in mine awareness programmes and the closure of schools by the Taleban ... The impact of the Taleban restrictions on women is most acutely felt in cities such as Herat and Kabul, where there are significant numbers of educated and professional women, compared with the countryside where women have traditionally been excluded from public life. Kabul University, which has closed since the Taleban took over, reportedly had about 8,000 women students while thousands of professional women worked in different capacities in the city. In Herat, about 3,000 women reportedly lost their jobs after the Taleban took control in September 1995 ... Working women in Herat and Kabul protested in vain against the rigid code the Taleban imposed. A woman from Herat informed Amnesty International that when the Taleban entered the city in September 1995, they closed certain government departments, women's public baths and girls' schools. Women who were government employees received their salaries without working for a while, but that too was then cut ... Female nurses form the backbone of the health system in Kabul. Those who had gone to help their patients in early October 1996 were repeatedly beaten up by the Taleban guards. In one hospital, the Taleban reportedly told all 80 female patients to go home as their modesty could not be preserved in an overcrowded ward.

3. The Committee also notes from the ICFTU communication that UNICEF estimates that 700,000 women have been widowed after nearly 20 years of war in the country and most of these women are now not permitted to work to support themselves and their families, although some exceptions have been made. The 1997 report of Amnesty International states, in this regard that:

In some exceptional circumstances, the Taleban have suspended their ban on Afghan women working outside the home. However, even these women who have permission to work are not secure in the areas controlled by the Taleban. In May 1997, members of the Taleban are reported to have beaten a group of Afghan women in Kabul who were employed by the aid agency CARE International. Taleban from the department for "preventing vice and fostering virtue" forced the five women out of the minibus in which they were travelling. The women were publicly humiliated in front of a large crowd and two of them were beaten. Foreign agencies have been warned by the Taleban not to employ local Afghan women, but CARE International stated that the five women in question had documents permitting them to continue working in the relief sector ... On a number of occasions in the past, the Taleban have stated that schooling for women and girls would be restored when the security situation in the country improved. However, this has been shown to be an empty promise as girls remain excluded from schools even in areas of southwestern Afghanistan where the Taleban have been in uncontested control for nearly three years.

4. The Committee notes these communications with grave concern. They indicate a lack of respect for the obligation to apply to girls and women the fundamental human rights covered by the Convention. The Committee is also conscious that measures of the type described would impose considerable hardship on the families of the women concerned, as well as on those who benefit in various ways from the activities undertaken by women. Noting that no response has been received either to the Committee's 1996 observation which requested detailed information on this matter, or to the communication transmitted by the ICFTU, the Committee urges the Government to communicate a full report on all of the measures being taken to restrict or prohibit the educational and employment opportunities of females.

[The Government is asked to supply full particulars to the Conference at its 86th Session.]

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

While a report has not been requested for the present session, the Committee has become aware that the authorities which have recently assumed control in the country have taken measures to ban the basic and further education of girls and to prohibit women from working. The Committee views these events with grave concern. It urges the Government to provide detailed information on these measures, which violate the basic human right of non-discrimination in employment and occupation embodied in this Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its report.

1. In its previous comment, the Committee requested information on the practical effect given to section 12 and to Chapter IV of the Labour Code 1987, concerning vocational training, skill development and apprenticeship. The Committee notes from the report that, according to the Ministry of Higher and Vocational Education, education and training is offered in more than 70 fields, including a range of technical trades, by 38 technical and educational institutions, eight of which are intermediate technical schools and 22 of which provide vocational training. The report also indicates that some 15,000 citizens have graduated from these institutions over the last decade; and that these persons have found employment in government offices as deputy engineers, as skilled technicians and as skilled workers. The Committee requests the Government to indicate the number and percentage of women who have graduated from these courses, the types of training acquired by women and their subsequent employment placement. The Committee also notes that 20 in-service training courses have been held at ministries and other organizations over the past two years, in which 610 personnel - of whom 203 are women - have received training. The Committee requests the Government to provide more detail on the types of training offered at these courses, together with information on any measures taken to promote the participation of women in such courses.

2. The Committee notes that the Labour Code 1987 and the Government Personnel Law 1988 constitute the basis of the national policy concerning non-discrimination in employment, including in regard to recruitment. While noting that the implementation of these provisions is supervised continually by the responsible authorities, the Committee requests the Government to specify whether positive measures are also taken to ensure equality of opportunity and treatment in regard to access to employment for all persons, by such measures, for example, as ensuring that vacancy notices are non-discriminatory, or by actively encouraging ethnic groups or women to apply for jobs in areas in which they are under-represented. As the copy of the Government Personnel Law 1988 (published in Official Gazette No. 666 of 21 May 1988) was not received with the Government's report, the Committee would be grateful if the Government sent this text again with its next report.

3. With regard to section 127(3) of the Labour Code, raised in paragraph 4 of its previous comment, the Committee notes that a list of the underground work prohibited to women will be forwarded to the Office once it has been finalized. The Committee requests the Government to indicate whether any other action has been taken either pursuant to section 127(3) of the Labour Code or under other provisions to restrict or prohibit women from assuming particular jobs.

4. In addition, the Committee requests the Government to provide information on how the present security situation is affecting the application of the Convention in practice throughout the country.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes that, while the Government does not specifically reply to its previous request for information on how the present security situation is affecting the application of the Convention in practice throughout the country, the report does stress that, through the Interim Basic Principles (which replaced the abolished Constitution) and the Labour Code of 1987 respect is ensured in law for the principle of equality contained in the Convention. The Government adds that in practice no discrimination has been observed in access to education and training, access to employment and terms and conditions of employment, and that enforcement of labour rights is assured by the state organs, trade unions and other social organizations. The Committee would appreciate receiving from the Government information on the enforcement of the legal protection in practice, for example, copies of labour inspection reports, labour court judgements on equality issues, or copies of petitions from trade union organizations concerning the application of the Labour Code's non-discrimination provisions.

2. The Committee notes the information supplied by the Government on the types of training being offered, without discrimination between men and women. As it had also asked for a breakdown by sex of the number of graduates of technical, vocational and educational institutions (the total of graduates numbering some 15,000 over the last decade according to the Government's previous report), the Committee again asks for this data to be supplied with the Government's next report.

3. With regard to the national policy concerning non-discrimination in employment in the public service, the Committee notes from the Government's report that the Civil Servants Bill has not yet been reviewed by the Council of Ministers because some regulations were also under review. The Committee asks the Government to inform it, in its next report, of developments in the adoption of this new legislation, and to forward a copy of the text, and any accompanying regulations, once adopted.

4. With regard to the Committee's previous request for the list of underground work prohibited to women under section 127(3) of the 1987 Labour Code and copies of any other provisions restricting women from assuming particular jobs, the Committee notes the Government's statement that the list of jobs prohibited for women and minors is not yet finalized. The Government adds, however, that, in general, heavy work in factories, work prejudicial to health in laboratories, factories, hospitals and construction may be included on the list. The Committee refers the Government to paragraphs 144 and 148 to 150 of its 1988 General Survey on equality in employment and occupation, where the Committee discusses the scope of protective measures adopted on the basis of the sex of the worker. It looks forward to receiving the list of work prohibited for women, as promised by the Government.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous direct requests, the Committee notes that in its very brief report the Government merely repeats that section 8 of the Labour Code of 1957 establishes the principle of non-discrimination, and does not supply the information which the Committee has requested for several years on the following points:

1. The Committee would appreciate detailed information on the practical application of section 12 and Chapter IV of the Labour Code (including particulars of the number and type of vocational training courses organized, the results obtained and the percentage of women attending them) so that it can ascertain whether the principle of non-discrimination is applied in respect of access to vocational training.

2. The Committee refers to paragraphs 15, 157 and 170 of its 1988 General Survey on Equality in Employment and Occupation, and asks the Government to provide detailed information on the practical methods used to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, in particular as regards access to and terms and conditions of employment.

3. Noting that section 3 of the Labour Code provides that the Council of Ministers is responsible for the preparation, within three months, of the Civil Servants Bill, the Committee requests the Government to indicate whether such a Bill has been enacted and, if so, to provide a copy.

4. The Committee also requests the Government to supply a copy of the list of jobs prohibited for women and minors which was to be established in accordance with section 127(3) of the Labour Code.

It hopes that the next report will supply full information in response to the present request.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes that in its very brief report the Government merely repeats that section 8 of the Labour Code of 1957 establishes the principle of non-discrimination, and does not supply the information which the Committee has requested for several years on the following points:

1. The Committee would appreciate detailed information on the practical application of section 12 and Chapter IV of the Labour Code (including particulars of the number and type of vocational training courses organized, the results obtained and the percentage of women attending them) so that it can ascertain whether the principle of non-discrimination is applied in respect of access to vocational training.

2. The Committee refers to paragraphs 15, 157 and 170 of its 1988 General Survey on Equality in Employment and Occupation, and asks the Government to provide detailed information on the practical methods used to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, in particular as regards access to and terms and conditions of employment.

3. Noting that section 3 of the Labour Code provides that the Council of Ministers is responsible for the preparation, within three months, of the Civil Servants Bill, the Committee requests the Government to indicate whether such a Bill has been enacted and, if so, to provide a copy.

4. The Committee also requests the Government to supply a copy of the list of jobs prohibited for women and minors which was to be established in accordance with section 127(3) of the Labour Code.

It hopes that the next report will supply full information in response to the present request.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee refers to its previous comments and hopes that the Government will provide information in its next report on the following points raised in its previous direct request, which read as follows:

1. The Committee notes the reference in the Government's report to section 12 and Chapter IV of the Labour Code concerning vocational training. It would appreciate detailed information on the practical application of these provisions and in particular on the number and type of vocational training courses organised and the results obtained and on the percentage of women participants in such courses.

2. Referring to paragraphs 15, 157 and 170 of its 1988 General Survey on Equality in Employment and Occupation, the Committee asks the Government to provide detailed information on the practical methods used to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, in particular as concerns equality of access to employment and equality in conditions of employment.

3. The Committee notes that the new Labour Code provides in section 3 that the Council of Ministers is responsible for the preparation, within three months, of the Civil Servants' Bill. The Committee hopes that the Bill has been adopted and that the Government will be able to supply a copy thereof.

4. The Committee would also be grateful if the Government would provide a copy of the list of jobs prohibited for women and minors which is to be established in accordance with section 127(3) of the Labour Code.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the reference in the Government's most recent report to section 12 and Chapter IV of the Labour Code concerning vocational training. It would appreciate detailed information on the practical application of these provisions. In particular, the Committee would be grateful if the Government would provide information on the number and type of vocational training courses organised and the results obtained, as well as on the percentage of women participants in such courses.

2. Referring to paragraphs 15, 157 and 170 of its 1988 General Survey on Equality in Employment and Occupation, the Committee requests the Government to provide detailed information on the practical methods used to implement the national policy to promote equality of opportunity and treatment in respect of employment and occupation, in particular as concerns equality of access to employment and as concerns equality in conditions of employment.

3. The Committee notes that the new Labour Code provides in its section 3 that the Council of Ministers is charged with the preparation, within three months, of the Civil Servants' Bill. The Committee hopes that the Bill has been adopted and that the Government will be able to supply a copy thereof.

4. The Committee would also be grateful if the Government would provide a copy of the list of jobs prohibited for women and minors which is to be established in accordance with section 127(3) of the Labour Code.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 1(a) of the Convention. With reference to its previous comments, the Committee notes with satisfaction that the new Constitution adopted in November 1987 establishes, in article 38, equal rights for all citizens of Afghanistan, both men and women, irrespective of their national, racial, linguistic, tribal, educational and social status, religion, creed, political conviction, occupation, kinship, wealth and residence, and that it forbids all discrimination.

The Committee also notes with interest from the Government's reply to its previous comments concerning the omission of "political opinion" from the grounds of discrimination mentioned in section 8 of the new Labour Code (adopted in June 1987), that all discrimination in the field of employment has been abolished by the provisions of the Constitution and the Labour Code. The Committee hopes that, when the national legislation is next revised, "political opinion" will be set out formally among the grounds listed in section 8 of the Labour Code on which all discrimination is forbidden in employment and occupation and in working conditions, in accordance with the Convention.