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

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

Discussion by the Committee

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusions of the Committee

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

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

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

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

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

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

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

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

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

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

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

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

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