Worst Forms of Child Labour Convention, 1999 (No. 182) - Afghanistan (Ratification: 2010)

Individual Case (CAS) - Discussion: 2017, Publication: 106th ILC session (2017)



A Government representative indicated that, as recognized by the National Labour Policy, “with a crippling poverty rate of 39 per cent, many households responded to economic shocks by taking their children out of school and requiring them to generate income, thus forcing them into labour”. Therefore, the issue of child labour was not only a law enforcement matter, but also a fundamental problem which required a comprehensive understanding and a robust response mechanism. From an institutional perspective, a number of legislative, regulatory and policy frameworks had been developed to provide a basis for interventions to address child labour, including in the Constitution, the Labour Law, the Law on Child Correction and Rehabilitation Centres, the Law on the Prohibition of Children’s Recruitment in the Armed Forces, the Child Guardianship Law, the Law on Redressing Child Rights Violations, and the Law on Anti-Child Trafficking and Human Kidnapping. Relevant practical tools included the Social Protection Strategy, the Street Child Labour Protection Strategy, and the National Strategy for the Protection of Vulnerable Children. National surveys had also been conducted to identify, analyse, and understand the nature and types of child labour, as well as the factors that forced children into labour. Additionally, a recruitment and work conditions procedure had been developed with a view to preventing the recruitment of children into the worst forms of child labour. Similarly, pursuant to section 120 of the Labour Law, a list of harmful occupations prohibited to children under 18 years of age had been developed in consultation with the social partners. A draft action plan on the prevention of the worst forms of child labour was being developed to give effect to the provisions of the Convention, in consultation with the social partners, as well as representatives from the Ministry of Public Health and other relevant agencies. The Child Protection Action Networks (CPAN) had been established in over 100 districts in 33 provinces of Afghanistan, and had over the past two years, addressed over 5,417 cases of vulnerable children, including 492 cases which prevented some of the worst forms of child labour. To address the vulnerable segments of society, particularly children, the Department of Social Workers at the Ministry of Labour had been established, with a special emphasis on the prevention of the worst forms of child labour. Moreover, a new system aimed at reintegrating vulnerable children into their families had been established at the Ministry of Labour, through which, over 264 vulnerable children had been reunited with their families during 2014–15. The Ministry of Labour had concluded memoranda of understanding with 22 international organizations and also with the Ministry of Education to provide rapid literacy support to street children through its daily child support centres. During 2014–15, over 19,000 street children had been admitted to schools following the completion of rapid literacy training programmes.

With regard to child soldiers, the implementation of the Law on the Prohibition of Children’s Recruitment in the Armed Forces (2014), along with other associated instruments, had helped to prevent the recruitment of 496 children into the ranks of national and local police in 2017. Also, the Ministry of Interior, in cooperation with relevant government agencies, was effectively implementing the Presidential Decree No. 129 which prohibited torture, mistreatment and the use or recruitment of children in police ranks. Inter-ministerial commissions tasked with the prevention of child recruitment in the national and local police had been established in Kabul and the provinces. Moreover, child support centres had been set up in 20 provinces, and efforts were under way to establish similar centres in the remaining provinces. In 2017, over 47 security officials had been prosecuted for violating human rights in security agencies. Programmes undertaken by the Afghanistan Independent Human Rights Commission had put a particular emphasis on the rights of children, including awareness raising of the harm suffered by children recruited by armed groups. The National Directorate of Security had recently issued Order No. 0555, prohibiting the recruitment of underage persons; the Order was being implemented in all security institutions and monitored by national and international human rights organizations. Curricula for the training of security personnel were also being reviewed and updated with additional hours on child rights.

The Government was also taking measures to address the practice of bacha bazi (“dancing boys”) through law enforcement, awareness raising, and other dissuasive measures. Security agencies had put an emphasis on tracking, punishing and stopping any act that constituted a violation of human rights, including the exploitation of boys by men in positions of influence. In the Child Protection Law, which was to be submitted to Parliament for adoption, bacha bazi was considered a punishable crime. Strong action was being taken against the exploiters as well as the families who knowingly forced their children into prostitution, including bacha bazi. A sharp decline in the practice was expected in the coming years with the continuation of law enforcement and awareness-raising efforts. The Government was committed to implementing the Convention to ensure effective protection for all children against the worst forms of child labour, and looked forward to working with national and international partners in that regard.

The Employer members noted that Afghanistan had been in a situation of armed conflict for decades. Despite some moderate advancement, many issues remained. In its observation, the Committee of Experts had raised the issue of recruitment of children for use in armed conflict. A law had been passed in 2014 criminalizing the recruitment of children into the Government’s security forces. Since 2014, recruitment issues had mostly involved the Taliban. While the Government had limited ability to address this matter, it remained responsible for everything within the country’s borders. Concerning issues of sexual exploitation and the cultural practice of “dancing boys”, various institutions and bodies had commented on this situation, demonstrating that it was a real problem. Reference had been made to a draft law, but more information was needed from the Government on the action taken to address that problem. With regard to the question of access to education, especially for girls, problems were mainly caused by the decades of conflict and the fact that the Taliban and other anti-government actors were restricting access for girls in territories under their control. However, it was still the Government that was responsible for everything within the country’s borders. In its direct request, the Committee of Experts had noted issues of conformity of the national legislation with the provisions of the Convention. While Afghanistan had a law on combating human trafficking, that law did not define the word “child”. Since the majority of victims of human trafficking in the country were children, there was a need to define the word “child” to specify that it applied to all persons under the age of 18, in conformity with the Convention. In relation to the prohibition of child prostitution and pornography, there was no general legal prohibition in the national legislation. That was linked to the issue of the “dancing boys”. The law only prohibited forcing underage women into prostitution. Reference had been made to a committee which had been formed to address this issue, as well as to a draft law, but more information was needed from the Government in that regard. Finally, in relation to hazardous work, an issue was that labour inspectors were not authorized to impose penalties for child labour violations. That was not in conformity with the Convention. In particular, one of the key types of hazardous work involved brick factories, where there were cases of bonded child labour. The Employer members appreciated that Afghanistan was in a difficult situation and that some of the issues discussed were outside of what the Government could do under the current circumstances. However, other issues, such as the “dancing boys” and sexual exploitation of children, were within the control of the Government. Therefore, the Employer members expected that the Government would take strong and immediate measures to stop such exploitation and to ensure that the national legislation and practice fully complied with the Convention.

The Worker members expressed deep concern at the situation and the number of children involved in armed conflict. Given the high likelihood of under-reporting, the data available might not accurately reflect the actual scale of child recruitment and use by parties to the conflict. Forcible recruitment of children by non-State armed groups and by the Afghan national forces was deplorable. The Convention prohibited the use, procuring or offering of children for prostitution and required ratifying Members to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Worker members were appalled by the widespread practice of “dancing boys”, which involved the sexual exploitation of boys who were often under the age of 16 by men in power, including government officials. While the Penal Code criminalized the use, procuring or offering of a child for prostitution and the production of pornography, there appeared to be no provision that criminalized the use of a child by a client for sexual exploitation or that prohibited the use, procuring or offering of boys for prostitution. Moreover, despite the adoption in 2014 of a list of types of hazardous work prohibited to children, some entire Afghan families were trapped in debt bondage in the brickmaking industry. There were reports of wide use of bonded labour involving children in the agricultural sector and other informal economic activities. There were no penalties provided for in cases of violation of the provisions related to the prohibition of hazardous work by children under 18. Furthermore, the number of labour inspectors, which was currently 18, was insufficient. In any case, labour inspectors did not have legal authority to enforce child labour laws. The Convention required ratifying Members to take effective and time-bound measures to ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour. Available data indicated that about 6 million children were out of school in the country and that male secondary school participation was at 42.8 per cent while that of girls was only at 21.1 per cent. Schools also continued to be a target for violent attacks, resulting in many civilian casualties and negatively impacting children’s access to education. There were also records of the use of educational facilities for military purposes by parties to the armed conflict. The Worker members were extremely concerned at the persistence of the worst forms of child labour in Afghanistan. They were aware of the situation of armed conflict in the country and the serious challenges related to the enforcement of national laws to non-State armed groups. At the same time, it was clear that the Afghan forces themselves did not shy away from abusing and exploiting children, which was horrendous and unacceptable. Despite some initiatives undertaken by the Government and the international community, the widespread use of the worst forms of child labour continued to be a pressing issue, which needed to be addressed as a matter of urgency. They called on the Government to strengthen its efforts to protect children from the worst forms of child labour and ensure that investigations and robust prosecutions of offenders were carried out and that sufficiently effective and dissuasive penalties were applied in practice in order to combat impunity.

The Worker member of Afghanistan underlined that some of the worst forms of child labour were being practised daily in Afghanistan. The term “child slavery” was to be used instead of “child labour”, reflecting the gravity of the situation in the country. Children were used by mafia groups to beg on the streets for money. They also worked in hazardous sectors such as mining and agriculture, as well as in industries such as carpet weaving and car repair workshops. The most serious issue was the use of children in war. Terrorist and other extremist groups recruited and forced children to fight as gunners or suicide attackers. As highlighted by the Committee of Experts, children had also been recruited by Afghan government security forces and killed during military operations. Therefore, the Government had a duty to eliminate any recruitment of children by its agents as a matter of urgency, and could not simply point to the actions of non-State actors. With regard to the sexual abuse of children, although the law strictly prohibited it, problems remained in practice. The cultural practice of bacha bazi was a gateway to the sexual abuse of boys and prostitution, which was even reported to occur in some elements of the security forces. Therefore, urgent measures needed to be taken by the Government to eliminate this practice among its security forces and more widely in society.

While the Constitution recognized education as a right for every citizen, access to free basic education was not ensured in practice. The situation in urban areas was marginally better than in the rural areas where poverty prevailed. Parents might sell their children into forced prostitution due to poverty. In rural areas, there were not enough schools. Clean water, toilets or books were not always available. Girls usually suffered more because of the threats to those attending school. Pressure was also placed on families by extremist groups. Due to the security situation, many schools were closed and more than 400,000 students were deprived of education in the country as a whole. The quality of education was another aspect of the problem, including the large number of unqualified teachers and poorly developed curriculum and materials for students, which left children in religious schools vulnerable to radicalization. The speaker called on the Government to pay particular attention to the problems raised and to fulfil its commitments under the Convention. Without the implementation of the measures recommended by the Committee of Experts, it would be difficult to change the critical situation for children in Afghanistan. Therefore, strong commitment was needed from the Government.

The Government member of Malta, speaking on behalf of the European Union (EU) as well as Albania, Bosnia and Herzegovina, Montenegro, Norway and Serbia, called for the protection and promotion of all human rights and freedoms and reiterated the EU’s strong commitment to the eradication of child labour, particularly in its worst forms. The EU–Afghanistan Human Rights Dialogue included deliverables and indicators on children’s rights and the implementation of the law prohibiting the recruitment of child soldiers. The recent signing of the Cooperation Agreement on Partnership and Development confirmed the EU’s commitment to Afghanistan’s development and its support to comprehensive reform in the country. The commitment and progress made by the Government to prevent and end the recruitment of children into the national forces were to be welcomed. The law criminalizing the recruitment of children into the security forces had entered into force in 2014. The Government had also adopted a roadmap to accelerate the elimination and prevention of the recruitment and use of children by national forces, as well as guidelines to prevent the recruitment. Three additional units had also been established in different regions and were embedded in the police recruitment centre to prevent the recruitment of children. Available information showed that the majority of cases of recruitment were by opposition groups and not the national forces; however, due to under-reporting, the overall number of cases was assumed to be much higher. While the challenges faced by Afghanistan were to be noted, the Government was called upon to pursue efforts to end the recruitment of children into the armed forces and police. Additional measures should be taken so as to prevent enrolment in armed groups. Child soldiers should be demobilized, thorough investigations and prosecutions should be carried out, and dissuasive penalties should be applied. The situation of the “dancing boys” called for effective and time-bound measures, including a legal prohibition and criminalization of the practice. The Government was called upon to provide assistance for the rehabilitation and social reintegration of the victims. Finally, the Government was called upon to ensure free access to basic education for all, with particular attention to girls, who were often deprived of that right.

The Worker member of Pakistan underlined that, of the many issues discussed relating to the worst forms of child labour in Afghanistan, the most serious was the use of children as suicide attackers. Basic educational infrastructure was non-existent in many rural areas. The worst forms of child labour existed in armed conflict, but also in agriculture and in the supply chains. The Government was not demonstrating the political commitment required to address the issue properly. Obligations under ratified Conventions on child labour and discrimination had not been implemented through specific labour legislation. They were only very narrowly covered in general laws. Stressing the importance of labour inspection to enforce legal provisions, the speaker questioned how the very few labour inspectors in Afghanistan could effectively cover all provinces and vast rural areas. Also, although Afghanistan had ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), no functional tripartite committee existed at either the central or provincial level. Lack of respect for tripartism and the role of the social partners was also evidenced by the country’s incomplete delegations to the Conference and complaints made under other ILO procedures. Finally, the speaker considered that the absence of progress made on the draft labour policy demonstrated a lack of political will.

The Government member of Switzerland expressed support for the statement made on behalf of the European Union and emphasized that children were particularly badly affected by the armed conflict in Afghanistan. They were deprived of their rights by the persistent practices of the Afghan national security forces and armed groups in recruiting and using children. It was worrying that the number of child victims was increasing and that attacks on hospitals and schools, as well as child sexual exploitation, were still continuing. Switzerland supported the conclusions and recommendations of the Committee of Experts and encouraged the Government to take all steps to guarantee that children were protected and demobilized, that prosecutions were brought against those involved in recruiting them, and that children were integrated into society. The importance of basic education for all girls and boys should also be underscored. Switzerland encouraged the Government to continue its efforts in that regard.

The Worker member of Norway, on behalf of the trade unions of the Nordic countries, noted that children in Afghanistan had continued to be victims of grave child rights violations. This had been confirmed by the Committee of Experts and reports of other UN bodies. Children were involved in all forms of work, including military operations, street begging, domestic work, agriculture, business and other sectors. A large number of children were sexually exploited and used in prostitution. Children had been observed in the ranks of the national forces. Allegations of recruitment of children by armed groups, including those associated with the Taliban, had been received. Cases of children carrying out suicide attacks on behalf of the Taliban had also been documented. Children who were internally displaced or in isolated conflict-affected areas were particularly at risk. In Kunduz, the Taliban had used schools to provide military training to children between the ages of 13 and 17. Children had been kidnapped, forced, threatened or sold by their parents to serve in armed groups. The Government had signed an action plan with the UN in 2011 to end and prevent the use of children by national armed forces and had adopted a roadmap and guidelines for its follow-up. Proper steps needed to be taken to implement the action plan. The Nordic trade unions were deeply concerned about the situation and urged the Government to take immediate and effective measures to end the forced and compulsory recruitment of children for use in armed conflict and to ensure their demobilization. The Government needed to further address the issue of children working in hazardous occupations, through the investigation and strengthening of labour inspection. In that regard, the introduction and enforcement of penalties for the use of children in armed conflict and in hazardous work, as well as prostitution, were needed. The ILO and the international community were called upon to continue providing humanitarian assistance, and to assist the country in improving the security situation and in taking measures to reduce poverty and pursue compliance with the Convention.

The Worker member of Australia underlined the abhorrent commodification of children who were forced into prostitution. He referred to numerous cases that evidenced the widespread sex trafficking of children in Afghanistan. With reference to the prostitution of young boys, particularly the “dancing boys”, he denounced the involvement of public figures and men in power, as well as war criminals. That culture had spread to all sections of society. Sexual assault resulted not only in serious trauma, but also in many cases in the death of the victim. There was no specific law prohibiting the sex trafficking of minors. The speaker called on the social partners to engage with law enforcement entities, non-governmental organizations and other non-state actors to develop a comprehensive plan to eradicate the horrific practices and ensure the safety of Afghan boys and girls.

The Worker member of Canada, also speaking on behalf of the Worker member of the United States, indicated that, according to available data, 3.7 million boys and girls, representing one third of school-age Afghan children, were not enrolled in schools in 2017, due to insecurity and conflict-related violence, as well as the high levels of chronic poverty. That number was expected to grow as violence between Afghan forces and the Taliban intensified. Also, with an increasing number of Afghan refugees returning to the country, there was a risk of overwhelming already swamped education services. Children who were not going to school were at increased risk of early marriage, entering the workforce where they could be exploited, recruited into armed groups or trafficked. Documented restrictions by non-State actors that limited girls’ access to education included complete bans on education for girls, restrictions on girls’ attendance beyond a certain grade or explicit prohibitions of girls attending school without a female teacher. Other documented forms of violence included threats and intimidation against teachers and students, school burnings, attacks and abductions. The Convention recognized the contribution of education to preventing the engagement of children in the worst forms of child labour. The Government must therefore take measures to uphold the right to education recognized in the national Constitution. It must further ensure accountability for perpetrators of attacks on institutions, personnel and students that were in clear violation of international humanitarian and human rights law.

The Government representative appreciated the comments, recommendations and support offered during the discussion. He reiterated Afghanistan`s commitment to eliminating child labour, particularly the worst forms of child labour. He emphasized that significant progress had been made, and comprehensive plans had been developed. The Government intended to form a special police unit, which would be responsible for child protection at the central and provincial levels, and would oversee cases of violations of the rights of children. The Government would also undertake a review of the existing measures to ensure that the legal and policy framework adequately responded to the national situation and complied with ratified international Conventions. Stressing the progress made by the Government, with support from international partners, towards improving conditions for all Afghans, he made particular reference to the increase in the national literacy rate and in the number of children attending school in the last decade, including girls. He recalled that school burnings and the imposition of bans in Taliban-controlled areas prevented girls and children from attending school. The Government would boldly pursue its efforts towards guaranteeing human rights and would continue to work with partners to address the root causes of child labour. That was a progressive journey. While terrorism was being fought against, recent attacks demonstrated the magnitude of the conflict and its regional linkages.

The Worker members considered that Afghanistan had failed to take effective measures to secure the prohibition and elimination of the worst forms of child labour. Recruitment of children into armed conflict, child prostitution and lack of access to free basic education were rampant. The Government had sought to reassure the Conference Committee that it had taken steps to address these issues. However, more could and had to be done to comply with the Convention. With respect to the “dancing boys”, the Government had indicated that explicit legal prohibition was expected to be implemented in the near future; nonetheless, this matter remained unaddressed. The Government was expected to demonstrate its commitment to fulfilling its obligation to achieve the implementation of the Convention in practice. Firstly, that involved taking immediate and effective measures to put a stop, in practice, to the recruitment of children under the age of 18 by armed groups and the armed forces as well as measures to ensure the demobilization of children involved in armed conflict. Secondly, the Government should take immediate and effective measures to ensure that thorough investigations and robust prosecutions of persons who forcibly recruited children under the age of 18 for use in armed conflict were carried out and that sufficiently effective and dissuasive penalties were imposed in practice. Thirdly, the Government should take effective and time-bound measures to remove children from armed groups and forces and ensure their rehabilitation and social integration. Fourthly, it should take effective and time-bound measures to eliminate the practice of bacha bazi in order to remove children from one of the worst forms of child labour and to provide assistance for their rehabilitation and social integration. Finally, it should take the necessary measures to improve the functioning of the education system and to ensure access to free basic education, including by taking measures to increase the school enrolment and completion rates, both at the primary and secondary levels, particularly among girls. While acknowledging the difficulties that the Government had faced with armed groups operating in the country, the speaker stressed the obligations that had freely been entered into with the ratification of the Convention in 2010, which required action on the worst forms of child labour to be prioritized as a matter of urgency.

The Employer members appreciated the Government’s statement that it had embarked on a progressive journey towards achieving compliance with the Convention and recognized that there was political will. However, there was still a long way to go to eliminate child labour and more clearly needed to be done in that regard. The speaker agreed with the conclusions proposed in the concluding remarks of the Worker members.

Conclusions

The Committee took note of the information provided by the Government representative and the discussion that followed.

While acknowledging the complexity of the situation prevailing on the ground and the presence of armed conflict, the Committee deeply deplored the current situation where children are forcibly required by armed groups, in particular those which pledge allegiance to the Taliban, to undergo military and religious training. Furthermore, the Committee deeply deplored the situation of children, especially girls, who are deprived of education due to the situation in the country where many schools were closed, damaged and used as military or detention facilities, which prohibits children from attending them.

Taking into account the discussion, the Committee urged the Government of Afghanistan to:

- take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children into armed forces and armed groups;

- take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out and sufficiently effective and dissuasive penalties are imposed in law and in practice;

- take immediate and effective measures to eliminate the practice of bacha-bazi (dancing boys);

- take effective and time-bound measures to provide for the rehabilitation and social integration of children who are forced to join armed groups and/or are sexually exploited and provide information on the measures taken in this regard, and on the results achieved.

In this regard, the Committee calls on the Government to request ILO technical assistance to address the recommendations.

The Committee called on the ILO, the international community, and employers’ and workers’ organizations to collaborate with the goal of eliminating all forms of child labour, including the worst forms of child labour, without delay.

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

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 2024, 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

The Committee notes the observations of the International Organisation of Employers (IOE) received on 30 August 2017, as well as the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted that according to section 8(2) of the Law on Combating Abduction and Human Trafficking of 2008 (Law on Human Trafficking), any person who commits the offence of child trafficking, is punishable with imprisonment for not less than 12 years. However, the Law on Human Trafficking did not define the term “child”.

The Committee also noted that Afghanistan is a source, transit and destination country for men, women and child victims of forced labour and trafficking for sexual exploitation The majority of victims of trafficking for labour exploitation in Afghanistan are children, mainly for work in carpet making and brick kilns, domestic servitude, begging, transnational drug smuggling and as assistants to truck drivers. Finally, the Committee noted the lack of implementation of the Law on Human Trafficking. The Committee notes with interest the adoption of the new Law Prohibiting Human Trafficking and Migrant Smuggling of 2017 (the Law on Human Trafficking of 2017). Under section 10(1) of this law, the perpetrator of trafficking in persons shall be punished with long-term imprisonment for a term not exceeding eight years. Section 10(2) provides that if the victim is a child, the perpetrator shall be punished with the maximum penalty (eight years’ imprisonment). Although the Government indicates that the Labour Law defines a child as “any person under 14 years of age”, the Committee notes that the Law on Human Trafficking of 2017 does not provide a definition for a “child” and recalls that all children under the age of 18 years are protected by the provisions of the Convention. The Committee further notes the Government’s indication, in its report, that during 2014–15, support centres welcomed 487 victims of child trafficking and kidnapping. The Committee requests the Government to provide information on the measures taken to ensure the effective implementation of the Law on Human Trafficking of 2017, in particular to ensure that perpetrators of child trafficking are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. It also requests the Government to provide information on the application of this law in practice, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years of age. The Committee finally requests the Government to indicate whether the term “child”, pursuant to section 10(2) of the Law on Human Trafficking of 2017, covers children under the age of 18 years.

2. Slavery, debt bondage, forced or compulsory labour. The Committee noted that article 49 of the Constitution and section 4 of the Labour Law prohibit forced labour, including that of children. Moreover, the list of activities prohibited to children, adopted by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) in 2014, includes bonded labour. The Committee noted, however, that the system of bonded labour is prevalent in the traditional agricultural sector and other informal economic activities such as brick kilns, the carpet industry, and mining and stone crushing. In many instances, children below 14 years of age are found to be working as bonded child labourers, especially in the brick kiln sector.

The Committee notes the IOE’s indication that children are engaged in the worst forms of child labour in Afghanistan, including in the forced production of brick kilns. It notes that the Government does not provide any new information on concrete measures taken to protect children from forced labour. It therefore once again requests the Government to take the necessary measures to protect children under 18 years of age from all forms of exploitation in forced and bonded labour, particularly in brick kilns, and to ensure that thorough investigations and robust prosecutions of offenders are carried out, and that sufficiently effective and dissuasive penalties are applied in practice. The Committee requests the Government to provide information on the measures taken in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that the Penal Code of 1976 contains provisions criminalizing adultery and pederasty which, if committed against a person under the age of 18, amount to aggravating conditions. The Committee also noted that according to section 18(2) of the Law on Elimination of Violence against Women, any person who forces an underage woman into prostitution shall be punished with imprisonment of not less than ten years. However, there appeared to be no provision criminalizing the use of a child by a client for sexual exploitation and, furthermore, no provisions that prohibit the use, procuring or offering of boys for prostitution. In addition, the Committee observed that there appeared to be no provisions prohibiting the use, procuring or offering of children for the production of pornography or for pornographic performances.

The Committee notes with interest that section 3(1) of the Law on Human Trafficking of 2017 defines trafficking in persons as the recruitment, transfer, transporting, harbouring or receiving of a person for the purpose of exploitation and that section 3(2) defines exploitation as taking advantage of the victim of trafficking in persons through, inter alia, buying, selling, sexual exploitation, forcing to dance, the production of pornographic images or films, or forced labour. The Committee notes, however, the IOE’s indication that children are used for prostitution in practice. The Committee requests the Government to take measures to ensure the effective implementation of the Law on Human Trafficking of 2017, in particular to ensure that persons who use, procure or offer a child for prostitution, for the production of pornography or pornographic performances, are submitted to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 7 of the Counter Narcotics Drug Law of 2005 prohibits all persons from cultivating, producing, processing, manufacturing, trading, distributing, possessing, supplying, trafficking, transporting, purchasing, selling, importing or exporting narcotic drugs listed in the annex to the Law. Section 23 of this Law further states that any person who intentionally compels another by force or intimidation to carry out the above acts shall be punished with imprisonment of up to eight years and a fine. The Committee noted the Government’s indication that the same penalties shall apply for employing or using a child to commit drug trafficking and related offences (section 23(e)). The Committee notes that the Government’s report does not contain information on the application in practice of these provisions. The Committee therefore once again requests the Government to provide information on the application in practice of sections 7 and 23(e) of the Counter Narcotics Drug Law with regard to the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. The Committee previously noted the Government’s statement that the Labour Inspection Directorate of the MoLSAMD is entrusted with the monitoring of the application of the provisions of this Convention, and that the Child Secretariat within the MoLSAMD is responsible for the overall management, monitoring and control of the child-support activities and programmes. Moreover, the Child Labour Survey Operation Teams monitor work locations to assess working conditions, including those of children under the age of 18 years.

The Committee notes the IOE’s indication that the labour inspectorate is not authorized to impose penalties for child labour violations. It notes that the Law on Human Trafficking of 2017 establishes a High Commission to Combat Trafficking in Persons and Smuggling of Migrants (the High Commission) which is tasked with the development and monitoring of programmes. The Committee requests the Government to provide information on the activities of the High Commission, as well as on the activities of the Labour Inspection Directorate, the Child Secretariat and the Child Labour Survey Operation Teams, relating to the identification and elimination of the worst forms of child labour.

Article 6. Programmes of action. 1. National Child Labour Strategy, 2012. In its previous comments, the Committee noted the Government’s indication that a National Child Labour Strategy was developed in 2012, and that an action plan was also developed, with a view to protect children from child labour. One of the key components of this action plan is the prevention of child labour in brick factories in Kabul and Nangarhar provinces, and a preliminary survey has been conducted to assess the situation of children in brick kilns. The survey results indicated that a number of economically vulnerable families have taken loans from brick factory owners and, in order to pay off their debt, the families force their children to work in those factories under extremely unhealthy, physically arduous and hazardous conditions. Within the framework of this action plan, the MoLSAMD established quick learning training centres, as well as technical and vocational training courses, for over 894 families who reside in areas surrounding these factories with a view to making them economically self-reliant.

The Committee notes that the Government’s report does not contain information on the efforts made to prevent children from being engaged in hazardous work in brick factories. The Committee therefore once again requests the Government to continue its efforts, including within the framework of the National Action Plan, to prevent children from engaging in hazardous labour in brick factories. It requests the Government to provide information on the measures taken in this regard, on the results achieved in terms of the number of children withdrawn from debt bondage and hazardous working conditions in brick factories, and on actions taken for their rehabilitation and social integration.

2. National strategy for children at risk. The Committee previously noted that the National strategy for children at risk was launched in 2006 and was being implemented with a view to improving care and support for the country’s most vulnerable children. The Government provided information on the following activities carried out by the MoLSAMD within the framework of this national plan of action:

• established the Child Protection Action Network (CPAN) in over 100 districts and 33 provinces in order to identify and address all issues pertaining to children. From 2014 to 2015, the CPAN addressed over 5,417 different cases of vulnerable children and prevented 492 children from the worst forms of child labour;
• established a system of reintegration of vulnerable children into their families, resulting in a total of 264 children, who were provided temporary social support, reunited with their families during 2014–15;
• established 39 orphanages, in addition to 52 private orphanages, which provide support and protection to a total of 20,220 orphans; and
• established a social safety net which provides financial assistance to poor families with children. In 2016, over 15,000 such families with children under 5 years of age were identified.

The Committee notes the IOE’s indication that the implementation of the CPAN should be the priority of the Government to combat the worst forms of child labour in the country. The Committee requests the Government to continue to provide information on the measures undertaken within the framework of the CPAN and the results achieved in terms of the number of children at risk who have been prevented from the worst forms of child labour. To the extent possible this data should be disaggregated by age and gender.

3. Draft action plan on the prevention of the worst forms of child labour. The Committee previously noted the Government’s indication that a draft action plan on the prevention of the worst forms of child labour had been developed in consultation with the social partners, which identifies priority measures for the elimination of the worst forms of child labour, including provision for free access to basic training, and vocational education of children withdrawn from the worst forms of child labour, which would be finalized and implemented with technical assistance from the ILO.

The Committee notes that the Government does not provide information on the measures taken to ensure the adoption of the action plan. The Committee therefore once again requests the Government to take the necessary measures to ensure the adoption of the action plan on the prevention of the worst forms of child labour, and to provide information on its implementation.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Children in street situations. The Committee notes the Government’s information that the MoLSAMD has concluded Memorandums of Understanding with 22 international organizations, including UNICEF, to provide rapid literacy support to street children through its daily child support centres. It also notes the Government’s indication that during 2014–15, over 19,000 street children have been admitted to schools following the completion of rapid literacy training programmes. The Committee once again requests the Government to pursue its efforts to protect and withdraw street children and provide for their rehabilitation and social integration, including through the implementation of the street child labour protection project. The Committee also requests the Government to continue providing information on the results achieved in terms of the number of street children withdrawn and provided with assistance.

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

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 2024, 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

The Committee notes the observations of the International Organisation of Employers (IOE) received on 30 August 2017, and the in-depth discussion on the application of the Convention by Afghanistan in the Committee on the Application of Standards at the 106th Session of the International Labour Conference in June 2017.

Follow-up to the conclusions of the Committee on the Application of Standards(International Labour Conference, 106th Session, June 2017)

Articles 3(a) and 7(2)(b) of the Convention. All forms of slavery or practices similar to slavery and effective and time-bound measures. Compulsory recruitment of children for use in armed conflict and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. In its previous comments, the Committee noted that the Law on prohibiting the recruitment of child soldiers criminalizes the recruitment of children under the age of 18 years into the Afghan Security Forces. The Committee also noted that a total of 116 cases of recruitment and use of children, including one girl, were documented in 2015. Out of these: 13 cases were attributed to the Afghan National Defence and Security forces; five to the Afghan National Police; five to the Afghan Local Police; and three to the Afghan National Army; while the majority of verified cases were attributed to the Taliban and other armed groups who used children for combat and suicide attacks. The United Nations verified 1,306 incidents resulting in 2,829 child casualties (733 killed and 2,096 injured), an average of 53 children were killed or injured every week. A total of 92 children were abducted in 2015 in 23 incidents.

In this regard, the Committee noted the following measures taken by the Government:

• The Government of Afghanistan signed an Action Plan with the United Nations on 30 January 2011 to end and prevent the recruitment and use of children by the Afghan National Security Forces, including the Afghan National Police, Afghan Local Police and Afghan National Army.
• A roadmap to accelerate the implementation of the Action Plan was endorsed by the Government on 1 August 2014.
• The Government endorsed age-assessment guidelines to prevent the recruitment of minors.
• In 2015 and early 2016, three additional child protection units were established in Mazar e Sharif, Jalalabad and Kabul, bringing the total to seven. These units are embedded in Afghan National Police recruitment centres and are credited with preventing the recruitment of hundreds of children.

The Committee notes that the Conference Committee recommended that the Government take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children into armed forces and groups. It further recommended the Government to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in law and practice. Finally, the Conference Committee recommended the Government to take effective and time-bound measures to provide for the rehabilitation and social integration of children who are forced to join armed groups.

The Committee notes the IOE’s indication that children are engaged in armed conflict in Afghanistan. The Committee notes the Government representative’s indication to the Conference Committee that the Law on the Prohibition of Children’s Recruitment in the Armed Forces (2014), along with other associated instruments, has helped prevent the recruitment of 496 children into national and local police ranks in 2017. Moreover, the Ministry of Interior, in cooperation with relevant government agencies, was effectively implementing Presidential Decree No. 129 which prohibits, among others, the use or recruitment of children in police ranks. Inter-ministerial commissions tasked with the prevention of child recruitment in national and local police have been established in Kabul and the provinces, and child support centres have been set up in 20 provinces, with efforts under way to establish similar centres in the remaining provinces. Finally, the Committee notes the Government’s indication that the National Directorate of Security has recently issued Order No. 0555, prohibiting the recruitment of underage persons and that the Order is being implemented in all security institutions and monitored by national and international human rights organizations. While acknowledging the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Committee requests the Government to continue its efforts in taking immediate and effective measures to put a stop, in practice, to the recruitment of children under 18 years by armed groups, the national armed forces and police authorities, as well as measures to ensure the demobilization of children involved in armed conflict. It once again urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, it requests the Government to take effective and time-bound measures to remove children from armed groups and armed forces and ensure their rehabilitation and social integration, and to provide information on the measures taken in this regard and on the results achieved.

Articles 3(b) and 7(2)(b). Use, procuring or offering of children for prostitution and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted that concerns remained regarding the cultural practice of bacha-bazi (dancing boys), which involves the sexual exploitation of boys by men in power, including the Afghan National Defence and Security Forces’ commanders. It also noted that there are many child victims of bacha bazi, particularly boys between 10 and 18 years of age who have been sexually exploited for long periods of time. The Committee further noted that some families knowingly sell their children into forced prostitution, including for bacha-bazi.

The Committee notes that the Conference Committee recommended the Government to take immediate and effective measures to eliminate the practice of bacha-bazi. It also recommended the Government to take effective and time bound measures to provide for the rehabilitation and social integration of children who are sexually exploited.

The Committee notes the Government representative’s indication to the Conference Committee that the Child Protection Law has been submitted to Parliament for adoption and makes the practice of bacha-bazi a criminal offence. The Committee also notes the new Law on Combating Human Trafficking in Persons and Smuggling of Migrants of 2017 (Law on Human Trafficking of 2017). It notes that section 10(2) of this Law punishes the perpetrator of trafficking to eight years’ imprisonment when the victim is a child or when the victim is exploited for the purpose of dancing. The Committee urges the Government to take the necessary measures to ensure the effective implementation of the prohibition contained in section 10(2) of the Law on Human Trafficking of 2017. It requests the Government to provide information on the results achieved to effectively eliminate the practice of bacha-bazi, to remove children from this worst forms of child labour and to provide assistance for their rehabilitation and social integration. It also requests the Government to provide information on the adoption of the Child Protection Law, and its effective implementation.

Article 7(2). Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour and taking into account the special situation of girls. Access to free basic education. The Committee previously noted the Government’s statement that as a result of the past three decades of conflict, insecurity and drought, children and youth are the most affected victims, a majority of whom are deprived of proper education and training. The Committee noted that Afghanistan is among the poorest performers in providing sufficient education to its population. A large number of boys and girls in 16 out of 34 provinces had no access to schools by 2013 due to insurgents’ attacks and threats that lead to the closure of schools. In addition to barriers arising from insecurity throughout 2015, anti-government elements deliberately restricted the access of girls to education, including closure of girls’ schools and a ban on girls’ education. More than 369 schools were closed partially or completely, affecting at least 139,048 students, and more than 35 schools were used for military purposes in 2015. Finally, the Committee noted the low enrolment 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 increased number of attacks on girls’ schools and written threats warning girls to stop going to school by non-state armed groups.

The Committee notes the Government representative’s statement at the Conference Committee that many households respond to poverty by taking their children out of school and forcing them into labour. The Government indicates that child labour is not only a law enforcement matter but a fundamental problem which requires a comprehensive understanding and a robust response mechanism. With a view to providing preschool support to children under the age of six, the Ministry of Labour, Social Affairs, Martyrs and Disabled has established over 366 local kindergartens which house over 27,000 children. The Government also indicates it is taking strong action against the exploiters as well as the families who knowingly force their children into prostitution and expects a sharp decline in the practice in the coming years. Finally, the Committee notes the Government’s indication that school burnings and the imposition of bans in Taliban-controlled areas prevented girls and children from attending school. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to raise awareness among households that education is key in preventing the engagement of children in the worst forms of child labour. Additionally, it once again urges the Government to take the necessary measures to improve the functioning of the education system and to ensure access to free basic education, including by taking measures to increase the school enrolment and completion rates, both at the primary and secondary levels, particularly of girls.

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 2022, published 111st ILC session (2023)

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

The Committee notes the observations of the International Organisation of Employers (IOE) received on 30 August 2017, as well as the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted that according to section 8(2) of the Law on Combating Abduction and Human Trafficking of 2008 (Law on Human Trafficking), any person who commits the offence of child trafficking, is punishable with imprisonment for not less than 12 years. However, the Law on Human Trafficking did not define the term “child”.

The Committee also noted that Afghanistan is a source, transit and destination country for men, women and child victims of forced labour and trafficking for sexual exploitation The majority of victims of trafficking for labour exploitation in Afghanistan are children, mainly for work in carpet making and brick kilns, domestic servitude, begging, transnational drug smuggling and as assistants to truck drivers. Finally, the Committee noted the lack of implementation of the Law on Human Trafficking. The Committee notes with interest the adoption of the new Law Prohibiting Human Trafficking and Migrant Smuggling of 2017 (the Law on Human Trafficking of 2017). Under section 10(1) of this law, the perpetrator of trafficking in persons shall be punished with long-term imprisonment for a term not exceeding eight years. Section 10(2) provides that if the victim is a child, the perpetrator shall be punished with the maximum penalty (eight years’ imprisonment). Although the Government indicates that the Labour Law defines a child as “any person under 14 years of age”, the Committee notes that the Law on Human Trafficking of 2017 does not provide a definition for a “child” and recalls that all children under the age of 18 years are protected by the provisions of the Convention. The Committee further notes the Government’s indication, in its report, that during 2014–15, support centres welcomed 487 victims of child trafficking and kidnapping.The Committee requests the Government to provide information on the measures taken to ensure the effective implementation of the Law on Human Trafficking of 2017, in particular to ensure that perpetrators of child trafficking are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. It also requests the Government to provide information on the application of this law in practice, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years of age. The Committee finally requests the Government to indicate whether the term “child”, pursuant to section 10(2) of the Law on Human Trafficking of 2017, covers children under the age of 18 years.

2. Slavery, debt bondage, forced or compulsory labour. The Committee noted that article 49 of the Constitution and section 4 of the Labour Law prohibit forced labour, including that of children. Moreover, the list of activities prohibited to children, adopted by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) in 2014, includes bonded labour. The Committee noted, however, that the system of bonded labour is prevalent in the traditional agricultural sector and other informal economic activities such as brick kilns, the carpet industry, and mining and stone crushing. In many instances, children below 14 years of age are found to be working as bonded child labourers, especially in the brick kiln sector.

The Committee notes the IOE’s indication that children are engaged in the worst forms of child labour in Afghanistan, including in the forced production of brick kilns. It notes that the Government does not provide any new information on concrete measures taken to protect children from forced labour.It therefore once again requests the Government to take the necessary measures to protect children under 18 years of age from all forms of exploitation in forced and bonded labour, particularly in brick kilns, and to ensure that thorough investigations and robust prosecutions of offenders are carried out, and that sufficiently effective and dissuasive penalties are applied in practice. The Committee requests the Government to provide information on the measures taken in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that the Penal Code of 1976 contains provisions criminalizing adultery and pederasty which, if committed against a person under the age of 18, amount to aggravating conditions. The Committee also noted that according to section 18(2) of the Law on Elimination of Violence against Women, any person who forces an underage woman into prostitution shall be punished with imprisonment of not less than ten years. However, there appeared to be no provision criminalizing the use of a child by a client for sexual exploitation and, furthermore, no provisions that prohibit the use, procuring or offering of boys for prostitution. In addition, the Committee observed that there appeared to be no provisions prohibiting the use, procuring or offering of children for the production of pornography or for pornographic performances.

The Committee notes with interest that section 3(1) of the Law on Human Trafficking of 2017 defines trafficking in persons as the recruitment, transfer, transporting, harbouring or receiving of a person for the purpose of exploitation and that section 3(2) defines exploitation as taking advantage of the victim of trafficking in persons through, inter alia, buying, selling, sexual exploitation, forcing to dance, the production of pornographic images or films, or forced labour. The Committee notes, however, the IOE’s indication that children are used for prostitution in practice.The Committee requests the Government to take measures to ensure the effective implementation of the Law on Human Trafficking of 2017, in particular to ensure that persons who use, procure or offer a child for prostitution, for the production of pornography or pornographic performances, are submitted to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 7 of the Counter Narcotics Drug Law of 2005 prohibits all persons from cultivating, producing, processing, manufacturing, trading, distributing, possessing, supplying, trafficking, transporting, purchasing, selling, importing or exporting narcotic drugs listed in the annex to the Law. Section 23 of this Law further states that any person who intentionally compels another by force or intimidation to carry out the above acts shall be punished with imprisonment of up to eight years and a fine. The Committee noted the Government’s indication that the same penalties shall apply for employing or using a child to commit drug trafficking and related offences (section 23(e)). The Committee notes that the Government’s report does not contain information on the application in practice of these provisions.The Committee therefore once again requests the Government to provide information on the application in practice of sections 7 and 23(e) of the Counter Narcotics Drug Law with regard to the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. The Committee previously noted the Government’s statement that the Labour Inspection Directorate of the MoLSAMD is entrusted with the monitoring of the application of the provisions of this Convention, and that the Child Secretariat within the MoLSAMD is responsible for the overall management, monitoring and control of the child-support activities and programmes. Moreover, the Child Labour Survey Operation Teams monitor work locations to assess working conditions, including those of children under the age of 18 years.

The Committee notes the IOE’s indication that the labour inspectorate is not authorized to impose penalties for child labour violations. It notes that the Law on Human Trafficking of 2017 establishes a High Commission to Combat Trafficking in Persons and Smuggling of Migrants (the High Commission) which is tasked with the development and monitoring of programmes.The Committee requests the Government to provide information on the activities of the High Commission, as well as on the activities of the Labour Inspection Directorate, the Child Secretariat and the Child Labour Survey Operation Teams, relating to the identification and elimination of the worst forms of child labour.

Article 6. Programmes of action. 1. National Child Labour Strategy, 2012. In its previous comments, the Committee noted the Government’s indication that a National Child Labour Strategy was developed in 2012, and that an action plan was also developed, with a view to protect children from child labour. One of the key components of this action plan is the prevention of child labour in brick factories in Kabul and Nangarhar provinces, and a preliminary survey has been conducted to assess the situation of children in brick kilns. The survey results indicated that a number of economically vulnerable families have taken loans from brick factory owners and, in order to pay off their debt, the families force their children to work in those factories under extremely unhealthy, physically arduous and hazardous conditions. Within the framework of this action plan, the MoLSAMD established quick learning training centres, as well as technical and vocational training courses, for over 894 families who reside in areas surrounding these factories with a view to making them economically self-reliant.

The Committee notes that the Government’s report does not contain information on the efforts made to prevent children from being engaged in hazardous work in brick factories.The Committee therefore once again requests the Government to continue its efforts, including within the framework of the National Action Plan, to prevent children from engaging in hazardous labour in brick factories. It requests the Government to provide information on the measures taken in this regard, on the results achieved in terms of the number of children withdrawn from debt bondage and hazardous working conditions in brick factories, and on actions taken for their rehabilitation and social integration.

2. National strategy for children at risk. The Committee previously noted that the National strategy for children at risk was launched in 2006 and was being implemented with a view to improving care and support for the country’s most vulnerable children. The Government provided information on the following activities carried out by the MoLSAMD within the framework of this national plan of action:

• - established the Child Protection Action Network (CPAN) in over 100 districts and 33 provinces in order to identify and address all issues pertaining to children. From 2014 to 2015, the CPAN addressed over 5,417 different cases of vulnerable children and prevented 492 children from the worst forms of child labour;
• - established a system of reintegration of vulnerable children into their families, resulting in a total of 264 children, who were provided temporary social support, reunited with their families during 2014–15;
• - established 39 orphanages, in addition to 52 private orphanages, which provide support and protection to a total of 20,220 orphans; and
• - established a social safety net which provides financial assistance to poor families with children. In 2016, over 15,000 such families with children under 5 years of age were identified.

The Committee notes the IOE’s indication that the implementation of the CPAN should be the priority of the Government to combat the worst forms of child labour in the country.The Committee requests the Government to continue to provide information on the measures undertaken within the framework of the CPAN and the results achieved in terms of the number of children at risk who have been prevented from the worst forms of child labour. To the extent possible this data should be disaggregated by age and gender.

3. Draft action plan on the prevention of the worst forms of child labour. The Committee previously noted the Government’s indication that a draft action plan on the prevention of the worst forms of child labour had been developed in consultation with the social partners, which identifies priority measures for the elimination of the worst forms of child labour, including provision for free access to basic training, and vocational education of children withdrawn from the worst forms of child labour, which would be finalized and implemented with technical assistance from the ILO.

The Committee notes that the Government does not provide information on the measures taken to ensure the adoption of the action plan.The Committee therefore once again requests the Government to take the necessary measures to ensure the adoption of the action plan on the prevention of the worst forms of child labour, and to provide information on its implementation.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1.Children in street situations. The Committee notes the Government’s information that the MoLSAMD has concluded Memorandums of Understanding with 22 international organizations, including UNICEF, to provide rapid literacy support to street children through its daily child support centres. It also notes the Government’s indication that during 2014–15, over 19,000 street children have been admitted to schools following the completion of rapid literacy training programmes.The Committee once again requests the Government to pursue its efforts to protect and withdraw street children and provide for their rehabilitation and social integration, including through the implementation of the street child labour protection project. The Committee also requests the Government to continue providing information on the results achieved in terms of the number of street children withdrawn, and provided with assistance.

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

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

Repetition

The Committee notes the observations of the International Organisation of Employers (IOE) received on 30 August 2017, and the in-depth discussion on the application of the Convention by Afghanistan in the Committee on the Application of Standards at the 106th Session of the International Labour Conference in June 2017.

Follow-up to the conclusions of the Committee on the Application of Standards(International Labour Conference, 106th Session, June 2017)

Articles 3(a) and 7(2)(b) of the Convention. All forms of slavery or practices similar to slavery and effective and time-bound measures. Compulsory recruitment of children for use in armed conflict and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. In its previous comments, the Committee noted that the Law on prohibiting the recruitment of child soldiers criminalizes the recruitment of children under the age of 18 years into the Afghan Security Forces. The Committee also noted that a total of 116 cases of recruitment and use of children, including one girl, were documented in 2015. Out of these: 13 cases were attributed to the Afghan National Defence and Security forces; five to the Afghan National Police; five to the Afghan Local Police; and three to the Afghan National Army; while the majority of verified cases were attributed to the Taliban and other armed groups who used children for combat and suicide attacks. The United Nations verified 1,306 incidents resulting in 2,829 child casualties (733 killed and 2,096 injured), an average of 53 children were killed or injured every week. A total of 92 children were abducted in 2015 in 23 incidents.

In this regard, the Committee noted the following measures taken by the Government:

• -The Government of Afghanistan signed an Action Plan with the United Nations on 30 January 2011 to end and prevent the recruitment and use of children by the Afghan National Security Forces, including the Afghan National Police, Afghan Local Police and Afghan National Army.
• –A roadmap to accelerate the implementation of the Action Plan was endorsed by the Government on 1 August 2014.
• –The Government endorsed age-assessment guidelines to prevent the recruitment of minors.
• –In 2015 and early 2016, three additional child protection units were established in Mazar e Sharif, Jalalabad and Kabul, bringing the total to seven. These units are embedded in Afghan National Police recruitment centres and are credited with preventing the recruitment of hundreds of children.

The Committee notes that the Conference Committee recommended that the Government take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children into armed forces and groups. It further recommended the Government to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in law and practice. Finally, the Conference Committee recommended the Government to take effective and time-bound measures to provide for the rehabilitation and social integration of children who are forced to join armed groups.

The Committee notes the IOE’s indication that children are engaged in armed conflict in Afghanistan. The Committee notes the Government representative’s indication to the Conference Committee that the Law on the Prohibition of Children’s Recruitment in the Armed Forces (2014), along with other associated instruments, has helped prevent the recruitment of 496 children into national and local police ranks in 2017. Moreover, the Ministry of Interior, in cooperation with relevant government agencies, was effectively implementing Presidential Decree No. 129 which prohibits, among others, the use or recruitment of children in police ranks. Inter-ministerial commissions tasked with the prevention of child recruitment in national and local police have been established in Kabul and the provinces, and child support centres have been set up in 20 provinces, with efforts under way to establish similar centres in the remaining provinces. Finally, the Committee notes the Government’s indication that the National Directorate of Security has recently issued Order No. 0555, prohibiting the recruitment of underage persons and that the Order is being implemented in all security institutions and monitored by national and international human rights organizations.While acknowledging the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Committee requests the Government to continue its efforts in taking immediate and effective measures to put a stop, in practice, to the recruitment of children under 18 years by armed groups, the national armed forces and police authorities, as well as measures to ensure the demobilization of children involved in armed conflict. It once again urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, it requests the Government to take effective and time-bound measures to remove children from armed groups and armed forces and ensure their rehabilitation and social integration, and to provide information on the measures taken in this regard and on the results achieved.

Articles 3(b) and 7(2)(b). Use, procuring or offering of children for prostitution and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted that concerns remained regarding the cultural practice of bacha-bazi (dancing boys), which involves the sexual exploitation of boys by men in power, including the Afghan National Defence and Security Forces’ commanders. It also noted that there are many child victims of bacha bazi, particularly boys between 10 and 18 years of age who have been sexually exploited for long periods of time. The Committee further noted that some families knowingly sell their children into forced prostitution, including for bacha-bazi.

The Committee notes that the Conference Committee recommended the Government to take immediate and effective measures to eliminate the practice of bacha-bazi. It also recommended the Government to take effective and time bound measures to provide for the rehabilitation and social integration of children who are sexually exploited.

The Committee notes the Government representative’s indication to the Conference Committee that the Child Protection Law has been submitted to Parliament for adoption and makes the practice of bacha-bazi a criminal offence. The Committee also notes the new Law on Combating Human Trafficking in Persons and Smuggling of Migrants of 2017 (Law on Human Trafficking of 2017). It notes that section 10(2) of this Law punishes the perpetrator of trafficking to eight years’ imprisonment when the victim is a child or when the victim is exploited for the purpose of dancing.The Committee urges the Government to take the necessary measures to ensure the effective implementation of the prohibition contained in section 10(2) of the Law on Human Trafficking of 2017. It requests the Government to provide information on the results achieved to effectively eliminate the practice of bacha-bazi, to remove children from this worst forms of child labour and to provide assistance for their rehabilitation and social integration. It also requests the Government to provide information on the adoption of the Child Protection Law, and its effective implementation.

Article 7(2). Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour and taking into account the special situation of girls. Access to free basic education. The Committee previously noted the Government’s statement that as a result of the past three decades of conflict, insecurity and drought, children and youth are the most affected victims, a majority of whom are deprived of proper education and training. The Committee noted that Afghanistan is among the poorest performers in providing sufficient education to its population. A large number of boys and girls in 16 out of 34 provinces had no access to schools by 2013 due to insurgents’ attacks and threats that lead to the closure of schools. In addition to barriers arising from insecurity throughout 2015, anti-government elements deliberately restricted the access of girls to education, including closure of girls’ schools and a ban on girls’ education. More than 369 schools were closed partially or completely, affecting at least 139,048 students, and more than 35 schools were used for military purposes in 2015. Finally, the Committee noted the low enrolment 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 increased number of attacks on girls’ schools and written threats warning girls to stop going to school by non-state armed groups.

The Committee notes the Government representative’s statement at the Conference Committee that many households respond to poverty by taking their children out of school and forcing them into labour. The Government indicates that child labour is not only a law enforcement matter but a fundamental problem which requires a comprehensive understanding and a robust response mechanism. With a view to providing preschool support to children under the age of six, the Ministry of Labour, Social Affairs, Martyrs and Disabled has established over 366 local kindergartens which house over 27,000 children. The Government also indicates it is taking strong action against the exploiters as well as the families who knowingly force their children into prostitution and expects a sharp decline in the practice in the coming years. Finally, the Committee notes the Government’s indication that school burnings and the imposition of bans in Taliban-controlled areas prevented girls and children from attending school. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to raise awareness among households that education is key in preventing the engagement of children in the worst forms of child labour. Additionally, it once again urges the Government to take the necessary measures to improve the functioning of the education system and to ensure access to free basic education, including by taking measures to increase the school enrolment and completion rates, both at the primary and secondary levels, particularly of girls.

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 2021, published 110th ILC session (2022)

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

The Committee notes the observations of the International Organisation of Employers (IOE) received on 30 August 2017, as well as the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted that according to section 8(2) of the Law on Combating Abduction and Human Trafficking of 2008 (Law on Human Trafficking), any person who commits the offence of child trafficking, is punishable with imprisonment for not less than 12 years. However, the Law on Human Trafficking did not define the term “child”.

The Committee also noted that Afghanistan is a source, transit and destination country for men, women and child victims of forced labour and trafficking for sexual exploitation The majority of victims of trafficking for labour exploitation in Afghanistan are children, mainly for work in carpet making and brick kilns, domestic servitude, begging, transnational drug smuggling and as assistants to truck drivers. Finally, the Committee noted the lack of implementation of the Law on Human Trafficking.

The Committee notes with interest the adoption of the new Law Prohibiting Human Trafficking and Migrant Smuggling of 2017 (the Law on Human Trafficking of 2017). Under section 10(1) of this law, the perpetrator of trafficking in persons shall be punished with long-term imprisonment for a term not exceeding eight years. Section 10(2) provides that if the victim is a child, the perpetrator shall be punished with the maximum penalty (eight years’ imprisonment). Although the Government indicates that the Labour Law defines a child as “any person under 14 years of age”, the Committee notes that the Law on Human Trafficking of 2017 does not provide a definition for a “child” and recalls that all children under the age of 18 years are protected by the provisions of the Convention. The Committee further notes the Government’s indication, in its report, that during 2014–15, support centres welcomed 487 victims of child trafficking and kidnapping. The Committee requests the Government to provide information on the measures taken to ensure the effective implementation of the Law on Human Trafficking of 2017, in particular to ensure that perpetrators of child trafficking are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. It also requests the Government to provide information on the application of this law in practice, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years of age. The Committee finally requests the Government to indicate whether the term “child”, pursuant to section 10(2) of the Law on Human Trafficking of 2017, covers children under the age of 18 years.

2. Slavery, debt bondage, forced or compulsory labour. The Committee noted that article 49 of the Constitution and section 4 of the Labour Law prohibit forced labour, including that of children. Moreover, the list of activities prohibited to children, adopted by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) in 2014, includes bonded labour. The Committee noted, however, that the system of bonded labour is prevalent in the traditional agricultural sector and other informal economic activities such as brick kilns, the carpet industry, and mining and stone crushing. In many instances, children below 14 years of age are found to be working as bonded child labourers, especially in the brick kiln sector.

The Committee notes the IOE’s indication that children are engaged in the worst forms of child labour in Afghanistan, including in the forced production of brick kilns. It notes that the Government does not provide any new information on concrete measures taken to protect children from forced labour. It therefore once again requests the Government to take the necessary measures to protect children under 18 years of age from all forms of exploitation in forced and bonded labour, particularly in brick kilns, and to ensure that thorough investigations and robust prosecutions of offenders are carried out, and that sufficiently effective and dissuasive penalties are applied in practice. The Committee requests the Government to provide information on the measures taken in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that the Penal Code of 1976 contains provisions criminalizing adultery and pederasty which, if committed against a person under the age of 18, amount to aggravating conditions. The Committee also noted that according to section 18(2) of the Law on Elimination of Violence against Women, any person who forces an underage woman into prostitution shall be punished with imprisonment of not less than ten years. However, there appeared to be no provision criminalizing the use of a child by a client for sexual exploitation and, furthermore, no provisions that prohibit the use, procuring or offering of boys for prostitution. In addition, the Committee observed that there appeared to be no provisions prohibiting the use, procuring or offering of children for the production of pornography or for pornographic performances.

The Committee notes with interest that section 3(1) of the Law on Human Trafficking of 2017 defines trafficking in persons as the recruitment, transfer, transporting, harbouring or receiving of a person for the purpose of exploitation and that section 3(2) defines exploitation as taking advantage of the victim of trafficking in persons through, inter alia, buying, selling, sexual exploitation, forcing to dance, the production of pornographic images or films, or forced labour. The Committee notes, however, the IOE’s indication that children are used for prostitution in practice. The Committee requests the Government to take measures to ensure the effective implementation of the Law on Human Trafficking of 2017, in particular to ensure that persons who use, procure or offer a child for prostitution, for the production of pornography or pornographic performances, are submitted to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 7 of the Counter Narcotics Drug Law of 2005 prohibits all persons from cultivating, producing, processing, manufacturing, trading, distributing, possessing, supplying, trafficking, transporting, purchasing, selling, importing or exporting narcotic drugs listed in the annex to the Law. Section 23 of this Law further states that any person who intentionally compels another by force or intimidation to carry out the above acts shall be punished with imprisonment of up to eight years and a fine. The Committee noted the Government’s indication that the same penalties shall apply for employing or using a child to commit drug trafficking and related offences (section 23(e)). The Committee notes that the Government’s report does not contain information on the application in practice of these provisions. The Committee therefore once again requests the Government to provide information on the application in practice of sections 7 and 23(e) of the Counter Narcotics Drug Law with regard to the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. The Committee previously noted the Government’s statement that the Labour Inspection Directorate of the MoLSAMD is entrusted with the monitoring of the application of the provisions of this Convention, and that the Child Secretariat within the MoLSAMD is responsible for the overall management, monitoring and control of the child-support activities and programmes. Moreover, the Child Labour Survey Operation Teams monitor work locations to assess working conditions, including those of children under the age of 18 years.

The Committee notes the IOE’s indication that the labour inspectorate is not authorized to impose penalties for child labour violations. It notes that the Law on Human Trafficking of 2017 establishes a High Commission to Combat Trafficking in Persons and Smuggling of Migrants (the High Commission) which is tasked with the development and monitoring of programmes. The Committee requests the Government to provide information on the activities of the High Commission, as well as on the activities of the Labour Inspection Directorate, the Child Secretariat and the Child Labour Survey Operation Teams, relating to the identification and elimination of the worst forms of child labour.

Article 6. Programmes of action. 1. National Child Labour Strategy, 2012. In its previous comments, the Committee noted the Government’s indication that a National Child Labour Strategy was developed in 2012, and that an action plan was also developed, with a view to protect children from child labour. One of the key components of this action plan is the prevention of child labour in brick factories in Kabul and Nangarhar provinces, and a preliminary survey has been conducted to assess the situation of children in brick kilns. The survey results indicated that a number of economically vulnerable families have taken loans from brick factory owners and, in order to pay off their debt, the families force their children to work in those factories under extremely unhealthy, physically arduous and hazardous conditions. Within the framework of this action plan, the MoLSAMD established quick learning training centres, as well as technical and vocational training courses, for over 894 families who reside in areas surrounding these factories with a view to making them economically self reliant.

The Committee notes that the Government’s report does not contain information on the efforts made to prevent children from being engaged in hazardous work in brick factories. The Committee therefore once again requests the Government to continue its efforts, including within the framework of the National Action Plan, to prevent children from engaging in hazardous labour in brick factories. It requests the Government to provide information on the measures taken in this regard, on the results achieved in terms of the number of children withdrawn from debt bondage and hazardous working conditions in brick factories, and on actions taken for their rehabilitation and social integration.

2. National strategy for children at risk. The Committee previously noted that the National strategy for children at risk was launched in 2006 and was being implemented with a view to improving care and support for the country’s most vulnerable children. The Government provided information on the following activities carried out by the MoLSAMD within the framework of this national plan of action:

• -established the Child Protection Action Network (CPAN) in over 100 districts and 33 provinces in order to identify and address all issues pertaining to children. From 2014 to 2015, the CPAN addressed over 5,417 different cases of vulnerable children and prevented 492 children from the worst forms of child labour;
• -established a system of reintegration of vulnerable children into their families, resulting in a total of 264 children, who were provided temporary social support, reunited with their families during 2014–15;
• -established 39 orphanages, in addition to 52 private orphanages, which provide support and protection to a total of 20,220 orphans; and
• -established a social safety net which provides financial assistance to poor families with children. In 2016, over 15,000 such families with children under 5 years of age were identified.

The Committee notes the IOE’s indication that the implementation of the CPAN should be the priority of the Government to combat the worst forms of child labour in the country. The Committee requests the Government to continue to provide information on the measures undertaken within the framework of the CPAN and the results achieved in terms of the number of children at risk who have been prevented from the worst forms of child labour. To the extent possible this data should be disaggregated by age and gender.

3. Draft action plan on the prevention of the worst forms of child labour. The Committee previously noted the Government’s indication that a draft action plan on the prevention of the worst forms of child labour had been developed in consultation with the social partners, which identifies priority measures for the elimination of the worst forms of child labour, including provision for free access to basic training, and vocational education of children withdrawn from the worst forms of child labour, which would be finalized and implemented with technical assistance from the ILO.

The Committee notes that the Government does not provide information on the measures taken to ensure the adoption of the action plan. The Committee therefore once again requests the Government to take the necessary measures to ensure the adoption of the action plan on the prevention of the worst forms of child labour, and to provide information on its implementation.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Children in street situations. The Committee notes the Government’s information that the MoLSAMD has concluded Memorandums of Understanding with 22 international organizations, including UNICEF, to provide rapid literacy support to street children through its daily child support centres. It also notes the Government’s indication that during 2014–15, over 19,000 street children have been admitted to schools following the completion of rapid literacy training programmes. The Committee once again requests the Government to pursue its efforts to protect and withdraw street children and provide for their rehabilitation and social integration, including through the implementation of the street child labour protection project. The Committee also requests the Government to continue providing information on the results achieved in terms of the number of street children withdrawn, and provided with assistance.

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

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

Repetition

The Committee notes the observations of the International Organisation of Employers (IOE) received on 30 August 2017, and the in-depth discussion on the application of the Convention by Afghanistan in the Committee on the Application of Standards at the 106th Session of the International Labour Conference in June 2017.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

Articles 3(a) and 7(2)(b) of the Convention. All forms of slavery or practices similar to slavery and effective and time-bound measures. Compulsory recruitment of children for use in armed conflict and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. In its previous comments, the Committee noted that the Law on prohibiting the recruitment of child soldiers criminalizes the recruitment of children under the age of 18 years into the Afghan Security Forces. The Committee also noted that a total of 116 cases of recruitment and use of children, including one girl, were documented in 2015. Out of these: 13 cases were attributed to the Afghan National Defence and Security forces; five to the Afghan National Police; five to the Afghan Local Police; and three to the Afghan National Army; while the majority of verified cases were attributed to the Taliban and other armed groups who used children for combat and suicide attacks. The United Nations verified 1,306 incidents resulting in 2,829 child casualties (733 killed and 2,096 injured), an average of 53 children were killed or injured every week. A total of 92 children were abducted in 2015 in 23 incidents.

In this regard, the Committee noted the following measures taken by the Government:

– The Government of Afghanistan signed an Action Plan with the United Nations on 30 January 2011 to end and prevent the recruitment and use of children by the Afghan National Security Forces, including the Afghan National Police, Afghan Local Police and Afghan National Army.

– A roadmap to accelerate the implementation of the Action Plan was endorsed by the Government on 1 August 2014.

– The Government endorsed age-assessment guidelines to prevent the recruitment of minors.

– In 2015 and early 2016, three additional child protection units were established in Mazar e Sharif, Jalalabad and Kabul, bringing the total to seven. These units are embedded in Afghan National Police recruitment centres and are credited with preventing the recruitment of hundreds of children.

The Committee notes that the Conference Committee recommended that the Government take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children into armed forces and groups. It further recommended the Government to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in law and practice. Finally, the Conference Committee recommended the Government to take effective and time-bound measures to provide for the rehabilitation and social integration of children who are forced to join armed groups.

The Committee notes the IOE’s indication that children are engaged in armed conflict in Afghanistan. The Committee notes the Government representative’s indication to the Conference Committee that the Law on the Prohibition of Children’s Recruitment in the Armed Forces (2014), along with other associated instruments, has helped prevent the recruitment of 496 children into national and local police ranks in 2017. Moreover, the Ministry of Interior, in cooperation with relevant government agencies, was effectively implementing Presidential Decree No. 129 which prohibits, among others, the use or recruitment of children in police ranks. Inter-ministerial commissions tasked with the prevention of child recruitment in national and local police have been established in Kabul and the provinces, and child support centres have been set up in 20 provinces, with efforts under way to establish similar centres in the remaining provinces. Finally, the Committee notes the Government’s indication that the National Directorate of Security has recently issued Order No. 0555, prohibiting the recruitment of underage persons and that the Order is being implemented in all security institutions and monitored by national and international human rights organizations. While acknowledging the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Committee requests the Government to continue its efforts in taking immediate and effective measures to put a stop, in practice, to the recruitment of children under 18 years by armed groups, the national armed forces and police authorities, as well as measures to ensure the demobilization of children involved in armed conflict. It once again urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, it requests the Government to take effective and time-bound measures to remove children from armed groups and armed forces and ensure their rehabilitation and social integration, and to provide information on the measures taken in this regard and on the results achieved.

Articles 3(b) and 7(2)(b). Use, procuring or offering of children for prostitution and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted that concerns remained regarding the cultural practice of bacha-bazi (dancing boys), which involves the sexual exploitation of boys by men in power, including the Afghan National Defence and Security Forces’ commanders. It also noted that there are many child victims of bacha bazi, particularly boys between 10 and 18 years of age who have been sexually exploited for long periods of time. The Committee further noted that some families knowingly sell their children into forced prostitution, including for bacha-bazi.

The Committee notes that the Conference Committee recommended the Government to take immediate and effective measures to eliminate the practice of bacha-bazi. It also recommended the Government to take effective and time bound measures to provide for the rehabilitation and social integration of children who are sexually exploited.

The Committee notes the Government representative’s indication to the Conference Committee that the Child Protection Law has been submitted to Parliament for adoption and makes the practice of bacha-bazi a criminal offence. The Committee also notes the new Law on Combating Human Trafficking in Persons and Smuggling of Migrants of 2017 (Law on Human Trafficking of 2017). It notes that section 10(2) of this Law punishes the perpetrator of trafficking to eight years’ imprisonment when the victim is a child or when the victim is exploited for the purpose of dancing. The Committee urges the Government to take the necessary measures to ensure the effective implementation of the prohibition contained in section 10(2) of the Law on Human Trafficking of 2017. It requests the Government to provide information on the results achieved to effectively eliminate the practice of bacha-bazi, to remove children from this worst forms of child labour and to provide assistance for their rehabilitation and social integration. It also requests the Government to provide information on the adoption of the Child Protection Law, and its effective implementation.

Article 7(2). Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour and taking into account the special situation of girls. Access to free basic education. The Committee previously noted the Government’s statement that as a result of the past three decades of conflict, insecurity and drought, children and youth are the most affected victims, a majority of whom are deprived of proper education and training. The Committee noted that Afghanistan is among the poorest performers in providing sufficient education to its population. A large number of boys and girls in 16 out of 34 provinces had no access to schools by 2013 due to insurgents’ attacks and threats that lead to the closure of schools. In addition to barriers arising from insecurity throughout 2015, anti-government elements deliberately restricted the access of girls to education, including closure of girls’ schools and a ban on girls’ education. More than 369 schools were closed partially or completely, affecting at least 139,048 students, and more than 35 schools were used for military purposes in 2015. Finally, the Committee noted the low enrolment 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 increased number of attacks on girls’ schools and written threats warning girls to stop going to school by non-state armed groups.

The Committee notes the Government representative’s statement at the Conference Committee that many households respond to poverty by taking their children out of school and forcing them into labour. The Government indicates that child labour is not only a law enforcement matter but a fundamental problem which requires a comprehensive understanding and a robust response mechanism. With a view to providing preschool support to children under the age of six, the Ministry of Labour, Social Affairs, Martyrs and Disabled has established over 366 local kindergartens which house over 27,000 children. The Government also indicates it is taking strong action against the exploiters as well as the families who knowingly force their children into prostitution and expects a sharp decline in the practice in the coming years. Finally, the Committee notes the Government’s indication that school burnings and the imposition of bans in Taliban-controlled areas prevented girls and children from attending school. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to raise awareness among households that education is key in preventing the engagement of children in the worst forms of child labour. Additionally, it once again urges the Government to take the necessary measures to improve the functioning of the education system and to ensure access to free basic education, including by taking measures to increase the school enrolment and completion rates, both at the primary and secondary levels, particularly of girls.

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 2017, published 107th ILC session (2018)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 30 August 2017, as well as the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted that according to section 8(2) of the Law on Combating Abduction and Human Trafficking of 2008 (Law on Human Trafficking), any person who commits the offence of child trafficking, is punishable with imprisonment for not less than 12 years. However, the Law on Human Trafficking did not define the term “child”.

The Committee also noted that Afghanistan is a source, transit and destination country for men, women and child victims of forced labour and trafficking for sexual exploitation The majority of victims of trafficking for labour exploitation in Afghanistan are children, mainly for work in carpet making and brick kilns, domestic servitude, begging, transnational drug smuggling and as assistants to truck drivers. Finally, the Committee noted the lack of implementation of the Law on Human Trafficking.

The Committee notes with interest the adoption of the new Law Prohibiting Human Trafficking and Migrant Smuggling of 2017 (the Law on Human Trafficking of 2017). Under section 10(1) of this law, the perpetrator of trafficking in persons shall be punished with long-term imprisonment for a term not exceeding eight years. Section 10(2) provides that if the victim is a child, the perpetrator shall be punished with the maximum penalty (eight years’ imprisonment). Although the Government indicates that the Labour Law defines a child as “any person under 14 years of age”, the Committee notes that the Law on Human Trafficking of 2017 does not provide a definition for a “child” and recalls that all children under the age of 18 years are protected by the provisions of the Convention. The Committee further notes the Government’s indication, in its report, that during 2014–15, support centres welcomed 487 victims of child trafficking and kidnapping. The Committee requests the Government to provide information on the measures taken to ensure the effective implementation of the Law on Human Trafficking of 2017, in particular to ensure that perpetrators of child trafficking are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. It also requests the Government to provide information on the application of this law in practice, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years of age. The Committee finally requests the Government to indicate whether the term “child”, pursuant to section 10(2) of the Law on Human Trafficking of 2017, covers children under the age of 18 years.

2. Slavery, debt bondage, forced or compulsory labour. The Committee noted that article 49 of the Constitution and section 4 of the Labour Law prohibit forced labour, including that of children. Moreover, the list of activities prohibited to children, adopted by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) in 2014, includes bonded labour. The Committee noted, however, that the system of bonded labour is prevalent in the traditional agricultural sector and other informal economic activities such as brick kilns, the carpet industry, and mining and stone crushing. In many instances, children below 14 years of age are found to be working as bonded child labourers, especially in the brick kiln sector.

The Committee notes the IOE’s indication that children are engaged in the worst forms of child labour in Afghanistan, including in the forced production of brick kilns. It notes that the Government does not provide any new information on concrete measures taken to protect children from forced labour. It therefore once again requests the Government to take the necessary measures to protect children under 18 years of age from all forms of exploitation in forced and bonded labour, particularly in brick kilns, and to ensure that thorough investigations and robust prosecutions of offenders are carried out, and that sufficiently effective and dissuasive penalties are applied in practice. The Committee requests the Government to provide information on the measures taken in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that the Penal Code of 1976 contains provisions criminalizing adultery and pederasty which, if committed against a person under the age of 18, amount to aggravating conditions. The Committee also noted that according to section 18(2) of the Law on Elimination of Violence against Women, any person who forces an underage woman into prostitution shall be punished with imprisonment of not less than ten years. However, there appeared to be no provision criminalizing the use of a child by a client for sexual exploitation and, furthermore, no provisions that prohibit the use, procuring or offering of boys for prostitution. In addition, the Committee observed that there appeared to be no provisions prohibiting the use, procuring or offering of children for the production of pornography or for pornographic performances.

The Committee notes with interest that section 3(1) of the Law on Human Trafficking of 2017 defines trafficking in persons as the recruitment, transfer, transporting, harbouring or receiving of a person for the purpose of exploitation and that section 3(2) defines exploitation as taking advantage of the victim of trafficking in persons through, inter alia, buying, selling, sexual exploitation, forcing to dance, the production of pornographic images or films, or forced labour. The Committee notes, however, the IOE’s indication that children are used for prostitution in practice. The Committee requests the Government to take measures to ensure the effective implementation of the Law on Human Trafficking of 2017, in particular to ensure that persons who use, procure or offer a child for prostitution, for the production of pornography or pornographic performances, are submitted to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 7 of the Counter Narcotics Drug Law of 2005 prohibits all persons from cultivating, producing, processing, manufacturing, trading, distributing, possessing, supplying, trafficking, transporting, purchasing, selling, importing or exporting narcotic drugs listed in the annex to the Law. Section 23 of this Law further states that any person who intentionally compels another by force or intimidation to carry out the above acts shall be punished with imprisonment of up to eight years and a fine. The Committee noted the Government’s indication that the same penalties shall apply for employing or using a child to commit drug trafficking and related offences (section 23(e)). The Committee notes that the Government’s report does not contain information on the application in practice of these provisions. The Committee therefore once again requests the Government to provide information on the application in practice of sections 7 and 23(e) of the Counter Narcotics Drug Law with regard to the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. The Committee previously noted the Government’s statement that the Labour Inspection Directorate of the MoLSAMD is entrusted with the monitoring of the application of the provisions of this Convention, and that the Child Secretariat within the MoLSAMD is responsible for the overall management, monitoring and control of the child-support activities and programmes. Moreover, the Child Labour Survey Operation Teams monitor work locations to assess working conditions, including those of children under the age of 18 years.

The Committee notes the IOE’s indication that the labour inspectorate is not authorized to impose penalties for child labour violations. It notes that the Law on Human Trafficking of 2017 establishes a High Commission to Combat Trafficking in Persons and Smuggling of Migrants (the High Commission) which is tasked with the development and monitoring of programmes. The Committee requests the Government to provide information on the activities of the High Commission, as well as on the activities of the Labour Inspection Directorate, the Child Secretariat and the Child Labour Survey Operation Teams, relating to the identification and elimination of the worst forms of child labour.

Article 6. Programmes of action. 1. National Child Labour Strategy, 2012. In its previous comments, the Committee noted the Government’s indication that a National Child Labour Strategy was developed in 2012, and that an action plan was also developed, with a view to protect children from child labour. One of the key components of this action plan is the prevention of child labour in brick factories in Kabul and Nangarhar provinces, and a preliminary survey has been conducted to assess the situation of children in brick kilns. The survey results indicated that a number of economically vulnerable families have taken loans from brick factory owners and, in order to pay off their debt, the families force their children to work in those factories under extremely unhealthy, physically arduous and hazardous conditions. Within the framework of this action plan, the MoLSAMD established quick learning training centres, as well as technical and vocational training courses, for over 894 families who reside in areas surrounding these factories with a view to making them economically self reliant.

The Committee notes that the Government’s report does not contain information on the efforts made to prevent children from being engaged in hazardous work in brick factories. The Committee therefore once again requests the Government to continue its efforts, including within the framework of the National Action Plan, to prevent children from engaging in hazardous labour in brick factories. It requests the Government to provide information on the measures taken in this regard, on the results achieved in terms of the number of children withdrawn from debt bondage and hazardous working conditions in brick factories, and on actions taken for their rehabilitation and social integration.

2. National strategy for children at risk. The Committee previously noted that the National strategy for children at risk was launched in 2006 and was being implemented with a view to improving care and support for the country’s most vulnerable children. The Government provided information on the following activities carried out by the MoLSAMD within the framework of this national plan of action:

• -established the Child Protection Action Network (CPAN) in over 100 districts and 33 provinces in order to identify and address all issues pertaining to children. From 2014 to 2015, the CPAN addressed over 5,417 different cases of vulnerable children and prevented 492 children from the worst forms of child labour;
• -established a system of reintegration of vulnerable children into their families, resulting in a total of 264 children, who were provided temporary social support, reunited with their families during 2014–15;
• -established 39 orphanages, in addition to 52 private orphanages, which provide support and protection to a total of 20,220 orphans; and
• -established a social safety net which provides financial assistance to poor families with children. In 2016, over 15,000 such families with children under 5 years of age were identified.

The Committee notes the IOE’s indication that the implementation of the CPAN should be the priority of the Government to combat the worst forms of child labour in the country. The Committee requests the Government to continue to provide information on the measures undertaken within the framework of the CPAN and the results achieved in terms of the number of children at risk who have been prevented from the worst forms of child labour. To the extent possible this data should be disaggregated by age and gender.

3. Draft action plan on the prevention of the worst forms of child labour. The Committee previously noted the Government’s indication that a draft action plan on the prevention of the worst forms of child labour had been developed in consultation with the social partners, which identifies priority measures for the elimination of the worst forms of child labour, including provision for free access to basic training, and vocational education of children withdrawn from the worst forms of child labour, which would be finalized and implemented with technical assistance from the ILO.

The Committee notes that the Government does not provide information on the measures taken to ensure the adoption of the action plan. The Committee therefore once again requests the Government to take the necessary measures to ensure the adoption of the action plan on the prevention of the worst forms of child labour, and to provide information on its implementation.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Children in street situations. The Committee notes the Government’s information that the MoLSAMD has concluded Memorandums of Understanding with 22 international organizations, including UNICEF, to provide rapid literacy support to street children through its daily child support centres. It also notes the Government’s indication that during 2014–15, over 19,000 street children have been admitted to schools following the completion of rapid literacy training programmes. The Committee once again requests the Government to pursue its efforts to protect and withdraw street children and provide for their rehabilitation and social integration, including through the implementation of the street child labour protection project. The Committee also requests the Government to continue providing information on the results achieved in terms of the number of street children withdrawn, and provided with assistance.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 30 August 2017, and the in-depth discussion on the application of the Convention by Afghanistan in the Committee on the Application of Standards at the 106th Session of the International Labour Conference in June 2017.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

Articles 3(a) and 7(2)(b) of the Convention. All forms of slavery or practices similar to slavery and effective and time-bound measures. Compulsory recruitment of children for use in armed conflict and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. In its previous comments, the Committee noted that the Law on prohibiting the recruitment of child soldiers criminalizes the recruitment of children under the age of 18 years into the Afghan Security Forces. The Committee also noted that a total of 116 cases of recruitment and use of children, including one girl, were documented in 2015. Out of these: 13 cases were attributed to the Afghan National Defence and Security forces; five to the Afghan National Police; five to the Afghan Local Police; and three to the Afghan National Army; while the majority of verified cases were attributed to the Taliban and other armed groups who used children for combat and suicide attacks. The United Nations verified 1,306 incidents resulting in 2,829 child casualties (733 killed and 2,096 injured), an average of 53 children were killed or injured every week. A total of 92 children were abducted in 2015 in 23 incidents.

In this regard, the Committee noted the following measures taken by the Government:

• -The Government of Afghanistan signed an Action Plan with the United Nations on 30 January 2011 to end and prevent the recruitment and use of children by the Afghan National Security Forces, including the Afghan National Police, Afghan Local Police and Afghan National Army.
• -A roadmap to accelerate the implementation of the Action Plan was endorsed by the Government on 1 August 2014.
• -The Government endorsed age-assessment guidelines to prevent the recruitment of minors.
• -In 2015 and early 2016, three additional child protection units were established in Mazar e Sharif, Jalalabad and Kabul, bringing the total to seven. These units are embedded in Afghan National Police recruitment centres and are credited with preventing the recruitment of hundreds of children.

The Committee notes that the Conference Committee recommended that the Government take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children into armed forces and groups. It further recommended the Government to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in law and practice. Finally, the Conference Committee recommended the Government to take effective and time-bound measures to provide for the rehabilitation and social integration of children who are forced to join armed groups.

The Committee notes the IOE’s indication that children are engaged in armed conflict in Afghanistan. The Committee notes the Government representative’s indication to the Conference Committee that the Law on the Prohibition of Children’s Recruitment in the Armed Forces (2014), along with other associated instruments, has helped prevent the recruitment of 496 children into national and local police ranks in 2017. Moreover, the Ministry of Interior, in cooperation with relevant government agencies, was effectively implementing Presidential Decree No. 129 which prohibits, among others, the use or recruitment of children in police ranks. Inter-ministerial commissions tasked with the prevention of child recruitment in national and local police have been established in Kabul and the provinces, and child support centres have been set up in 20 provinces, with efforts under way to establish similar centres in the remaining provinces. Finally, the Committee notes the Government’s indication that the National Directorate of Security has recently issued Order No. 0555, prohibiting the recruitment of underage persons and that the Order is being implemented in all security institutions and monitored by national and international human rights organizations. While acknowledging the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Committee requests the Government to continue its efforts in taking immediate and effective measures to put a stop, in practice, to the recruitment of children under 18 years by armed groups, the national armed forces and police authorities, as well as measures to ensure the demobilization of children involved in armed conflict. It once again urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, it requests the Government to take effective and time-bound measures to remove children from armed groups and armed forces and ensure their rehabilitation and social integration, and to provide information on the measures taken in this regard and on the results achieved.

Articles 3(b) and 7(2)(b). Use, procuring or offering of children for prostitution and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted that concerns remained regarding the cultural practice of bacha-bazi (dancing boys), which involves the sexual exploitation of boys by men in power, including the Afghan National Defence and Security Forces’ commanders. It also noted that there are many child victims of bacha bazi, particularly boys between 10 and 18 years of age who have been sexually exploited for long periods of time. The Committee further noted that some families knowingly sell their children into forced prostitution, including for bacha-bazi.

The Committee notes that the Conference Committee recommended the Government to take immediate and effective measures to eliminate the practice of bacha-bazi. It also recommended the Government to take effective and time bound measures to provide for the rehabilitation and social integration of children who are sexually exploited.

The Committee notes the Government representative’s indication to the Conference Committee that the Child Protection Law has been submitted to Parliament for adoption and makes the practice of bacha-bazi a criminal offence. The Committee also notes the new Law on Combating Human Trafficking in Persons and Smuggling of Migrants of 2017 (Law on Human Trafficking of 2017). It notes that section 10(2) of this Law punishes the perpetrator of trafficking to eight years’ imprisonment when the victim is a child or when the victim is exploited for the purpose of dancing. The Committee urges the Government to take the necessary measures to ensure the effective implementation of the prohibition contained in section 10(2) of the Law on Human Trafficking of 2017. It requests the Government to provide information on the results achieved to effectively eliminate the practice of bacha-bazi, to remove children from this worst forms of child labour and to provide assistance for their rehabilitation and social integration. It also requests the Government to provide information on the adoption of the Child Protection Law, and its effective implementation.

Article 7(2). Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour and taking into account the special situation of girls. Access to free basic education. The Committee previously noted the Government’s statement that as a result of the past three decades of conflict, insecurity and drought, children and youth are the most affected victims, a majority of whom are deprived of proper education and training. The Committee noted that Afghanistan is among the poorest performers in providing sufficient education to its population. A large number of boys and girls in 16 out of 34 provinces had no access to schools by 2013 due to insurgents’ attacks and threats that lead to the closure of schools. In addition to barriers arising from insecurity throughout 2015, anti-government elements deliberately restricted the access of girls to education, including closure of girls’ schools and a ban on girls’ education. More than 369 schools were closed partially or completely, affecting at least 139,048 students, and more than 35 schools were used for military purposes in 2015. Finally, the Committee noted the low enrolment 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 increased number of attacks on girls’ schools and written threats warning girls to stop going to school by non-state armed groups.

The Committee notes the Government representative’s statement at the Conference Committee that many households respond to poverty by taking their children out of school and forcing them into labour. The Government indicates that child labour is not only a law enforcement matter but a fundamental problem which requires a comprehensive understanding and a robust response mechanism. With a view to providing preschool support to children under the age of six, the Ministry of Labour, Social Affairs, Martyrs and Disabled has established over 366 local kindergartens which house over 27,000 children. The Government also indicates it is taking strong action against the exploiters as well as the families who knowingly force their children into prostitution and expects a sharp decline in the practice in the coming years. Finally, the Committee notes the Government’s indication that school burnings and the imposition of bans in Taliban-controlled areas prevented girls and children from attending school. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to raise awareness among households that education is key in preventing the engagement of children in the worst forms of child labour. Additionally, it once again urges the Government to take the necessary measures to improve the functioning of the education system and to ensure access to free basic education, including by taking measures to increase the school enrolment and completion rates, both at the primary and secondary levels, particularly of girls.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that according to section 8(1) of the Law on Combating Abduction and Human Trafficking, 2008 (Law on Human Trafficking) any person who commits the offence of human trafficking shall be sentenced to imprisonment for not more than eight years. This offence if committed against a child is punishable with imprisonment for not less than 12 years (section 8(2)). Section 3 of the Law on Human Trafficking defines “trafficking in persons” as transferring, transmitting, employing, or keeping of a person for the purpose of exploitation by taking advantage of the poor economic and desperate condition of the victim through paying and receiving money, interest or using other deceiving means in order to obtain consent of the victim or his/her guardian. “Exploitation” as defined under section 3 refers to receiving benefits through employment, selling, engaging in sexual or criminal activities, pornography, armed conflict, forced labour or into other illegal activities. The Committee observes, however, that the Law on Human Trafficking does not define the term “child”.

The Committee also notes from the UNICEF document entitled “Child Notice Afghanistan”, 2015 (UNICEF document 2015,) that Afghanistan is a source, transit and destination country for men, women and child victims of forced labour and sex trafficking. Children are the majority of trafficking victims in Afghanistan, involving working in carpet making and brick kilns, domestic servitude, commercial sexual exploitation, begging, transnational drug smuggling and assistant truck driving. The UNICEF document 2015, also refers to other survey reports which reported that male child trafficking for sexual exploitation was more likely to occur internally, while male child trafficking for labour exploitation was both internal and transnational across the Iranian and Pakistani borders. The Committee further notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 30 July 2013, expressed its concern at the lack of implementation of the Law on Combating Abduction and Human Trafficking (CEDAW/C/AFG/CO/1-2, paragraph 26). The Committee requests the Government to take the necessary measures to ensure the effective implementation of the Law on Human Trafficking, in particular to ensure that perpetrators of trafficking of children are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. It also requests the Government to provide information on the application of this law, in practice, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years. The Committee finally requests the Government to indicate whether the term “child” pursuant to section 8(2) of the Law on Human Trafficking covers children under the age of 18 years.

2. Slavery, debt bondage, forced or compulsory labour. The Committee notes that article 49 of the Constitution and section 4 of the Labour Law prohibit forced labour, including of children. Moreover, the list of prohibited works to children, adopted by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) in 2014, includes bonded labour. The Committee notes, however, from the UNICEF document 2015, that the system of bonded labour is prevalent in the traditional agricultural sector and other informal economic activities such as brick kilns, the carpet industry and mining stone crushing. In many instances, children below 14 years are found to be working as bonded child labourers especially in the brick kiln sector. The Committee requests the Government to take the necessary measures to protect children under 18 years of age from all forms of exploitation in forced and bonded labour, particularly in brick kilns and to ensure that thorough investigations and robust prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are applied in practice. It requests the Government to provide information on the measures taken in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes the Government’s information that the Penal Code criminalizes the use, procuring or offering of a child for prostitution and production of pornography. However, the Penal Code of 1976 only contains provisions criminalizing adultery and pederasty, which, if committed against a person under the age of 18 years amounts to aggravating conditions. The Committee also notes that according to section 18(2) of the Law on Elimination of Violence against Women any person who forces an underage woman into prostitution shall be punished with imprisonment to not less than ten years. However, there appears to be no provision that criminalizes the use of a child by a client for sexual exploitation and, furthermore, no provisions that prohibit the use, procuring or offering of boys for prostitution. The Committee therefore requests the Government to take the necessary measures to prohibit the use, procuring or offering of all children under the age of 18 years, including boys, for prostitution as well as to criminalize clients who use children under 18 years of age for prostitution.

With regard to pornography, the Committee observes that there appears to be no provisions prohibiting the use, procuring or offering of children for the production of pornography or for pornographic performances. The Committee requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 7 of the Counter Narcotics Drug Law of 2005 prohibits any person from cultivating, producing, processing, manufacturing, trading, distributing, possessing, supplying, trafficking, transporting, purchasing, selling, importing or exporting narcotic drugs listed in the annex. Section 23 of this Law further states that any person who intentionally compels another by force or intimidation to carry out the above acts shall be punished with imprisonment up to eight years and a fine. The Committee notes that the same penalties shall apply for employing or using a child to commit drug trafficking and related offences (section 23(e)). The Committee requests the Government to provide information on the application in practice of sections 7 and 23(e) of the Counter Narcotics Drug Law with regard to the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that the Labour Inspection Directorate of the MoLSAMD is entrusted with the monitoring of the application of the provisions of this Convention and the Child Secretariat within the MoLSAMD is responsible for the overall management, monitoring and control of the child support activities and programmes. Moreover, the Child Labour Survey Operation Teams monitor work locations to assess working conditions, including of children under the age of 18 years. The Government report does not provide any information on the functioning of the labour inspection system or any other mechanisms in identifying and eliminating the worst forms of child labour. The Committee requests the Government to provide information on the activities of the Labour Inspection Directorate, the Child Secretariat and the Child Labour Survey Operation Teams in identifying and eliminating the worst forms of child labour.

Article 6. Programmes of action. 1. National Child Labour Strategy, 2012. The Committee notes the Government’s indication that a National Child Labour Strategy was developed in 2012 and an action plan has also been developed with a view to protect children from child labour. One of the key components of this action plan is the prevention of child labour in brick factories in Kabul and Nangarhar provinces and a preliminary survey has been conducted to assess the situation of children in the brick kilns. The survey results indicated that a number of economically vulnerable families have taken loans from brick factory owners and in order to pay off their debt, the families force their children to work in those factories under extremely unhealthy, physically arduous and hazardous conditions. Within the framework of this action plan, the MoLSAMD established quick learning training centres as well as technical and vocational training courses for over 894 families who reside in areas surrounding these factories with a view to making them economically self-reliant. The Committee encourages the Government to continue its efforts, including within the framework of the National Action Plan to prevent children from engaging in hazardous labour in brick factories. It requests the Government to continue providing information on the measures taken in this regard and the results achieved in terms of the number of children withdrawn from debt bondage and hazardous working conditions in brick factories and provisions for their rehabilitation and social integration.

2. National strategy for children at risk. According to the Government’s report, this strategy which was initially launched in 2006, is being currently implemented with a view to improving care and support for the country’s most vulnerable children. The Government report provides information on the following activities carried out by the MoLSAMD within the framework of this national plan of action:

• -established the Child Protection Action Network (CPAN) in over 100 districts and 33 provinces in order to identify and address all issues pertaining to children. From 2014 to 2015, the CPAN addressed over 5,417 different cases of vulnerable children and prevented 492 children from the worst forms of child labour;
• -established a system of reintegrating vulnerable children into their families and a total of 264 children, who were provided temporary social support, have been reunited with their families during 2014–15;
• -established 39 orphanages, in addition to 52 private orphanages, and a total of 20,220 orphans are receiving support and protection from these orphanages;
• -established a social safety net which provides financial assistance to poor families with children. In 2016, over 15,000 such families with children under 5 years of age were identified.

The Committee requests the Government to continue to provide information on the measures undertaken within the framework of the National Plan of Action for Children at Risk and the results achieved in terms of the number of children at risk who have been prevented from the worst forms of child labour.

3. Draft action plan on the prevention of worst forms of child labour. The Committee notes the Government’s indication that a draft action plan on the prevention of the worst forms of child labour has been developed in consultation with the social partners. This action plan which identifies priority measures for the elimination of the worst forms of child labour, including provision for free access to basic training and vocational education of children withdrawn from the worst forms of child labour, will be finalized and implemented with technical assistance from the ILO. The Committee requests the Government to take the necessary measures to ensure the adoption of the action plan on the prevention of the worst forms of child labour and to provide information on its implementation.

Article 7(1). Penalties. The Committee notes that the Labour Law and the regulation containing the list of types of hazardous work prohibited to children does not appear to establish any penalties for the violations of the provisions related to the prohibition of hazardous work by children under 18 years. The Committee requests the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are established for the offences related to the employment of children under 18 years in hazardous work. It also requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions relating to Article 3(a)–(c) of the Convention, including the number and kinds of penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Internally displaced and refugee children. The Committee notes that according to the 2016 Afghanistan Humanitarian Situation Report of UNICEF, an estimated 5,400,000 children are affected by conflicts and disasters in Afghanistan. The UNHCR report entitled Breaking the Cycle: Education and the Future for Afghan Refugees, September 2015 indicates that the Afghan refugee population in both Pakistan and Islamic Republic of Iran is young, with second and third generations of children having been born into displacement. Children below the age of 14 years account for half of the 2.45 million refugees in both Pakistan and Islamic Republic of Iran. In Pakistan, around 80 per cent of the school-age Afghan refugee population is currently out of school. Considering that internally displaced and refugee children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to protect these children from the worst forms of child labour, and to provide information on the measures taken in this regard and on the results achieved.

2. Street children. The Committee notes the Government’s information that a national strategy for street working children was developed in 2011 by the MoLSAMD, in cooperation with UNICEF and other relevant stakeholders, and a street child labour protection project is being implemented which aims to cover 300 children and 75 parents through technical, vocational training and family support systems. It also notes the Government’s indication that street child labour daily support centres have been established to provide rapid literacy support to street children. It notes that during 2014–15, over 19,000 street children have been admitted to schools following the completion of rapid literacy training programmes. The Committee requests the Government to pursue its efforts to protect and withdraw street children and provide for their rehabilitation and social integration, including through the implementation of the street child labour protection project. It requests the Government to continue providing information on the results achieved in terms of the number of street children withdrawn and provided assistance.

Application of the Convention in practice. The Committee notes the Government’s statement that conditions of poverty; children without guardians; insecurity; internal displacement and Afghan returnees; guardians with disabilities; large number of average children in families; low family income; illiteracy and lack of awareness about the consequences of child labour are the key challenges to the effective implementation of the Convention. In addition, the lack of reliable data and statistical information on child labour in different sectors, particularly on the worst forms of child labour, further complicates the application of the Convention. However, the Government states that it remains committed to applying the provisions of the Convention. The Committee requests the Government to strengthen its efforts to ensure in practice the protection of children from these worst forms of child labour. It also requests the Government to take the necessary measures to ensure the availability of up-to-date statistical information on the worst forms of child labour in the country, including information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information should be disaggregated by sex and age.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 3(a) and 7(2)(b) of the Convention. All forms of slavery or practices similar to slavery and effective and time-bound measures. Compulsory recruitment of children for use in armed conflict and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s information that the Law on prohibiting the recruitment of child soldiers which came into force in 2014, criminalizes the recruitment of children under the age of 18 years into the Afghan Security Forces.

The Committee also notes that according to the report of 20 April 2016 of the United Nations Secretary-General on children and armed conflict (A/70/836-S/2016/360) (Report of the Secretary-General), a total of 116 cases of recruitment and use of children, including one girl, were documented in 2015. Out of these, 13 cases were attributed to the Afghan National Defence and Security forces; five to the Afghan National Police; five to the Afghan Local Police; and three to the Afghan National Army; while the majority of verified cases were attributed to the Taliban and other armed groups who used children for combat and suicide attacks. The United Nations verified, 1,306 incidents resulting in 2,829 child casualties (733 killed and 2,096 injured), an average of 53 children were killed or injured every week. A total of 92 children were abducted in 2015 in 23 incidents.

In this regard, the Committee notes the information contained in the Children Not Soldiers – Afghanistan Factsheet of May 2016 from the Office of the Special Representative of the Secretary-General for Children and Armed Conflict regarding the following measures taken by the Government:

• -The Government of Afghanistan signed an Action Plan with the United Nations on 30 January 2011 to end and prevent the recruitment and use of children by the Afghan National Security Forces, including the Afghan National Police, Afghan Local Police and Afghan National Army.
• -A roadmap to accelerate the implementation of the Action Plan was endorsed by the Government on 1 August 2014.
• -The Government endorsed age assessment guidelines to prevent the recruitment of minors.
• -In 2015 and early 2016, three additional child protection units were established in Mazar e Sharif, Jalalabad and Kabul, bringing the total to seven. These units are embedded in Afghan National Police recruitment centres and are credited with preventing the recruitment of hundreds of children.

The Committee notes that in February 2016, the Special Representative who visited Afghanistan commended the strong commitment of the Government and the important progress made to end and prevent the recruitment and use of children by the Afghan National Defence and Security Forces (A/70/836-S/2016/360, paragraphs 31 and 32). However, the UN Security Council’s Working Group on Children and Armed Conflict, in its conclusions of 11 May 2016 on children and armed conflict in Afghanistan, expressed grave concern over the deteriorating situation of children affected by the conflict, particularly the significant increase in child casualties, the continuing recruitment and use of children in violation of applicable international law, as well as attacks on schools and hospitals, particularly affecting girls’ education, by all parties to the conflict (S/AC.51/2016/1, paragraph 4). The Committee expresses its deep concern at the situation and the number of children involved in armed conflict. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take immediate and effective measures to put a stop, in practice, to the recruitment of children under 18 years by armed groups and the armed forces as well as measures to ensure the demobilization of children involved in armed conflict. It also urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to take effective and time-bound measures to remove children from armed groups and forces and ensure their rehabilitation and social integration. It finally requests the Government to provide information on the measures taken in this regard and on the results achieved.

Articles 3(b) and 7(2)(b). Use, procuring or offering of children for prostitution and providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes from the Report of the Secretary-General on Children and Armed Conflict that concerns remain regarding the cultural practice of bacha-bazi (dancing boys), which involves the sexual exploitation of boys by men in power, including the Afghan National Defence and Security Forces’ commanders (paragraph 25). It also notes from the UNICEF document of 2015 that according to the 2014 Afghanistan Independent Human Rights Commission’s inquiry on bacha-bazi, there are many child victims of bacha bazi, particularly boys between 10 and 18 years of age who have been sexually exploited for long periods of time. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations of April 2011, expressed deep concern that some families knowingly sell their children into forced prostitution, including for bacha-bazi (CRC/C/AFG/CO/1, paragraph 72). Noting with deep concern the use of children, particularly boys, for prostitution, the Committee urges the Government to take effective and time bound measures to eliminate the practice of bacha-bazi and to remove children from this worst forms of child labour and to provide assistance for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 7(2). Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour and taking account of the special situation of girls. Access to free basic education. The Committee notes the Government’s statement in its report that as a result of the past three decades of conflict, insecurity and drought, children and youth are the most affected victims, a majority of whom are deprived of proper education and training. The Committee notes from the UNICEF document of 2015 that Afghanistan is among the poorest performers in providing sufficient education to its population. A large number of boys and girls in 16 out of 34 provinces had no access to schools by 2013 due to insurgents’ attacks and threats that lead to closure of schools. The United Nations report of 2016 entitled “Education and Health Care at Risk” further states that in addition to barriers arising from insecurity throughout 2015, anti-government elements deliberately restricted the access of girls to education, including closure of girls’ schools and ban on girls’ education. More than 369 schools were closed partially or completely, affecting at least 139,048 students, and more than 35 schools were used for military purposes in 2015. The Committee finally notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 30 July 2013, expressed concern at the low enrolment rate of girls, in particular at the secondary school level, and high dropout rates especially in rural areas owing to a lack of security to and from school. The CEDAW also expressed deep concern at the increased number of attacks on girls’ schools and written threats warning girls to stop going to school by non-State armed groups (CEDAW/C/AFG/CO/1-2, paragraph 32). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to take the necessary measures to improve the functioning of the education system and to ensure access to free basic education, including by taking measures to increase the school enrolment and completion rates, both at the primary and secondary levels, particularly of girls.

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