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

Equal Remuneration Convention, 1951 (No. 100) - Afghanistan (Ratification: 1969)

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

Articles 1(b) and 2 of the Convention. Equal remuneration for work of equal value. Legislation and practice. The Committee previously noted that while some of the provisions of the Labour Law (namely sections 8, 9(1), 59(4) and 93) read together provided some protection against discrimination based on sex with respect to remuneration, they did not reflect fully the principle of the Convention. In light of the lack of information available regarding any progress made in the revision process of the Labour Law, the Committee wishes to point out that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see the 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee asks that all necessary steps be taken to give full legislative expression and effect to the principle of equal remuneration for men and women for work of equal value set out in the Convention. It requests information on any progress made in that regard.

Gender pay gap and occupational gender segregation. The Committee notes that, according to an ILO assessment made in January 2022, since the change of power in August 2021 and the ensuing economic crisis as well as the restrictions on women’s participation in the economy, it was estimated that more than 900,000 jobs could be lost by mid-2022 (ILO Brief, Employment prospects in Afghanistan: A rapid impact assessment, January 2022). Furthermore, the Committee notes from the report of the United Nations Special Rapporteur on the situation of human rights in Afghanistan that, by March 2022, 61 per cent of women had lost their job or income generating activities (A/HRC/51/6, 6 September 2022, paragraph 38). The Committee notes with deep concern this information and refers to its comments made on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) regarding the bans and increasing discriminatory restrictions imposed on women’s employment since August 2021. The Committee therefore urges that all steps be taken to address occupational gender segregation and promote women’s participation in the labour market, in particular in jobs with career prospects and higher pay, including by removing any restrictions regarding women’s access to education, vocational training and employment.

Awareness-raising and enforcement. TheCommittee requests information on any activities undertaken: (i) to raise public awareness of the principle of equal remuneration for men and women for work of equal value, the procedures and remedies available; and (ii) to enhance women’s access to formal justice mechanisms in case of discrimination in remuneration.