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

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

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.