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

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

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

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

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

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

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

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

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

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

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

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

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