Comments adopted by the CEACR: Afghanistan

Repetition

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. 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. The Committee takes note of the Government’s indication, in its report, that the Tripartite Consultative Committee is still engaged in the revision process of the Labour Law with a view to ensuring greater conformity with the provisions of the Convention. 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 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee requests the Government to continue to provide information on the activities and recommendations of the Tripartite Consultative Committee concerning the revision of the Labour Law, and trusts that in the near future its national legislation will explicitly 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.

Gender pay gap. The Committee welcomes the statistics provided by the Government and notes that, according to the Afghanistan Living Conditions Survey (ALCS) for 2013–14, women’s average monthly wages were lower than those of men in all job categories, except in the public sector. Men were earning on average 30 per cent more than women in the same occupation and up to three and a half times more than women in the agriculture and forestry sector, where women represented two-thirds of the workforce. The Committee notes that, according to the ALCS for 2016–17, the situation of women has deteriorated as the labour force participation rate of women decreased from 29 per cent in 2014 to 26.8 per cent in 2017, and remained far lower than the labour force participation of men (80.6 per cent in 2017). Moreover, more women than men were in a vulnerable employment situation (89.9 per cent of women compared to 77.5 per cent of men). The Committee regrets that the ALCS for 2016–17 does not contain any more information on the gender pay gap. The Committee requests the Government to provide information on the measures taken to reduce the gender pay gap and identify and address its underlying causes, as well as on the results achieved in this regard. Recalling the importance of the regular collection of statistics in order to undertake an assessment of the nature, extent and evolution of the gender pay gap, the Committee requests the Government to provide updated information on the earnings of men and women disaggregated by economic activity and occupation, both in the private and public sectors, as well as any available statistics or analysis on the gender pay gap.

Article 3. Objective appraisal of jobs. Civil service. Referring to its previous comments, the Committee takes note of the salary scale annexed to the Civil Servants Law, 2008, according to which salaries are determined by reference to grades and steps. It notes that section 8 of the Law refers to the criteria used to determine employment grades according to diploma, skills and work experience. The Committee notes from the data of the national Central Statistics Organization that in 2016 women represented 22.5 per cent of all public sector employees, but only 7.5 per cent of those were placed in the third grade or higher position. The Committee requests the Government to provide information on the practical application of section 8 of the Civil Servants Law, 2008, including on the methods and factors used to classify jobs under the different grades in order to ensure that tasks mainly performed by women are not being undervalued in comparison to the tasks traditionally performed by men. The Committee further requests the Government to provide information on the distribution of men and women in the various categories and positions of the civil service with their corresponding levels of earnings.

Article 4. Awareness-raising activities. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that public information campaigns and activities to raise awareness about the principle of the Convention, particularly among employers’ and workers’ organizations, have been continued, some of which with the assistance of the ILO. The Committee requests the Government to continue to provide information on awareness-raising activities carried out to promote the principle of the Convention, and to indicate whether any cooperation or joint activities have been undertaken together with the employers’ and workers’ organizations. The Committee also requests the Government to specify whether, as a result of the awareness-raising activities already implemented, the principle of the Convention has been effectively addressed by the social partners in collective agreements and, if so, to provide information in this respect, including copies of the relevant provisions.

Enforcement. The Committee notes that, in the National Labour Policy for 2017–20, the Government recognizes laxity in the enforcement of labour-related legislation and indicates that periodic inspections will be conducted to reveal quality of compliance, as well as gaps in compliance for which appropriate actions would be taken against defaulting employers. The Committee further notes that, in its last concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the fact that decisions of informal justice mechanisms are discriminatory against women and undermine the implementation of existing legislation, and recommended that women’s accessibility to the formal justice system be enhanced (CEDAW/C/AFG/CO/1-2, 30 July 2013, paragraphs 14 and 15). The Committee requests the Government to provide information as to the steps taken to ensure stricter enforcement of labour legislation as regards the application of the Convention. In particular, the Committee requests information regarding compliance with the requirements of the Convention, including the level of compliance and the identification of gaps in compliance, as well as any actions taken against defaulting employers. The Committee further requests the Government to provide information on any measures taken or envisaged to enhance women’s accessibility to the formal justice system, as well as on any complaints made with regard to the principle of the Convention dealt with by the courts or any other competent authorities, including information on sanctions and remedies provided.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously referred to the following provisions of the Penal Code, under which prison sentences involving an obligation to perform labour may be imposed:

– sections 184(3), 197(1)(a) and 240 concerning, among others, the publication and propagation of news, information, false or self-interested statements, biased or inciting propaganda concerning internal affairs of the country which reduces the prestige and standing of the State, or for the purpose of harming public interest and goods; and

– section 221(1), (4) and (5) concerning a person who creates, establishes, organizes or administers an organization in the name of a party, society, union or group with the aim of disturbing and nullifying one of the basic and accepted national values in the political, social, economic or cultural spheres of the State, or engages in propaganda to promote or attract members to such organization, by whatever means, or who joins such an organization or develops contacts personally or through a third party with such an organization or one of its branches.

The Committee pointed out that the sanctions applied in the above cases fall within the scope of the Convention since they involve an obligation to work in prison and they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system. The Committee noted the Government’s indication that the Penal Code was being revised and that all the provisions, including sections 184(3), 197(1) and 221(1), (4) and (5) of the Penal Code had been nullified by Legislative Decree No. 66 of 5 January 2002, which abolishes all decrees and legal documents issued and enacted before 20 December 2001 that are inconsistent with the 1964 Constitution and the 2001 Bonn Agreement.

The Committee notes the Government’s information in its report that the Penal Code is being revised. The revision committee has submitted the first draft of its recommendations and revisions to the Ministry of Justice. However, the draft has not been released yet. The Government states that a letter requesting clarification on concerned sections of the Penal Code has been sent to the Supreme Court and the Ministry of Justice and that the technical working group at the Ministry of Labour, Social Affairs, Martyrs and Disabled will inform the Committee of any progress in this regard once an official response is received. The Committee therefore requests the Government to continue taking the necessary measures to ensure that the revision of the Penal Code will take into consideration the Committee’s comments thereby ensuring that no sanctions involving compulsory labour may be imposed as a punishment for holding or expressing political views or views opposed to the established system, and that the revised Penal Code will be adopted in the near future. It also requests the Government to continue providing information on any progress made in this regard and to provide a copy of Decree No. 66 of 5 January 2002.

Repetition

Articles 1 and 2 of the Convention. Legislation. The Committee previously noted that the prohibition of discrimination in section 9 of the Labour Law is very general and urged the Government to take the opportunity of the Labour Law reform process, in the context of the Decent Work Country Programme and the National Action Plan for Women of Afghanistan (NAPWA) 2007–17, to amend its legislation to explicitly prohibit direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention. The Committee notes the Government’s indication, in its reports, that the Tripartite Consultative Committee is still engaged in the revision process of the Labour Law. Referring to its previous comments on section 10(2) of the Civil Servants Law, 2008, which only prohibits discrimination in recruitment based on the grounds of sex, ethnicity, religion, disability and “physical deformity”, the Committee notes the Government’s general statement that provisions of the Labour Law are also applicable to civil servants. The Committee requests the Government to continue to provide information on the activities and recommendations of the Tripartite Consultative Committee concerning the revision of the Labour Law, and trusts that in a near future its national legislation will explicitly prohibit, both in the private and public sectors, direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention, covering all aspects of employment and occupation. In the meantime, the Committee requests the Government to clarify the relationship between section 9 of the Labour Law and section 10(2) of the Civil Servants Law and, more generally, to indicate whether all the provisions of the Labour Law shall apply to civil servants or whether this is limited to provisions of the Labour Law which are expressly referred to by the Civil Servants Law.

Article 1(1)(a). Discrimination on the ground of sex. Work-related violence and sexual harassment. The Committee takes note of the Law on the Prohibition of Harassment against Women and Children, adopted in December 2016 and approved by the President on April 2018, which defines and criminalizes physical, verbal and non-verbal harassment, and provides that harassment is punishable with a fine. On the other hand, it notes that section 30 of the Law on the Elimination of Violence against Women (EVAW), 2009, which provides that harassment is punishable by up to six months of imprisonment, was firstly incorporated into the revised Penal Code in March 2017 and then removed on the instruction of the Government in August 2017, as a result of pressure exerted by some members of the Parliament, which left the status of the EVAW Law in a state of uncertainty. The Committee also notes that several United Nations (UN) bodies expressed concern at the escalating level of targeted attacks, including killings, against high profile women, particularly those in the public sector, as well as at the prevalence of sexual harassment against women in the workplace (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 55 and Report of the UN Special Rapporteur on violence against women, its causes and consequences, A/HRC/29/27/Add.3, 12 May 2015, paragraphs 21 and 26). It notes that, according to a survey carried out in 2015 by the Women and Children’s Legal Research Foundation, based in Afghanistan, 87 per cent of the women interviewed experienced harassment in the workplace. It further notes that the Afghanistan Independent Human Rights Commission (AIHRC) recently indicated that women police officers are particularly affected and that the Ministry of the Interior is currently finalizing an internal complaints mechanism to this end (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 53). The Committee notes that, pursuant to the 2015 Regulations on the Elimination of Harassment Against Women (11/07/1394), commissions aimed at addressing complaints have been established in several provinces, but that the UN High Commissioner for Human Rights recently highlighted that the mechanisms to combat sexual harassment against women in the workplace remained largely ineffective owing to underreporting, which is mainly due to the social stigma attached to the issue (Report of the UN High Commissioner for Human Rights, A/HRC/37/45, 21 February 2018, paragraph 54). The Committee requests the Government to provide information on any concrete measures (such as, for example, campaigns addressed to the general public to promote gender equality) and specific programmes taken or envisaged to combat violence against women (and more particularly high-profile women), and sexual harassment at the workplace, both in the private and public sectors, including any social stigma attached to this issue. It further requests the Government to provide information on the number, nature and outcome of any complaints or cases of work-related violence or sexual harassment in the workplace handled by the commissions established under the 2015 Regulations, the labour inspectorate and the courts. The Committee also requests the Government to clarify the relationship between the Law on the Elimination of Violence against Women, 2009, and the Law on the Prohibition of Harassment against Women and Children, 2016, as well as the current status of both legislations. Please provide a copy of the Law on the Prohibition of Harassment against Women and Children, 2016, and of the 2015 Regulations on the Elimination of Harassment Against Women (11/07/1394).

Article 2. Equal access of men and women to vocational training and education. The Committee notes the Government’s indication that girls represent 45 per cent of total school enrollment. Referring to the discussion held at the Conference Committee on the Application of Standards at its 106th Session (June 2017) on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee notes that non-state groups deliberately restricted the access of girls to education, including attacks and closure of girls’ schools, and that 35 schools were used for military purposes in 2015. It further notes the low enrollment 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 written threats warning girls to stop going to school by non-state armed groups. The Committee notes that, in the Afghanistan Living Conditions Survey (ALCS) for 2016–17, the Central Statistics Organization indicates that, in 2016, girls’ access to primary education was in decline, and female gross attendance rates in primary, secondary and tertiary education represented only 0.71, 0.51 and 0.39 per cent of the corresponding male rates, respectively. Furthermore, it is estimated that only 37 per cent of adolescent girls are literate, compared to 66 per cent of adolescent boys and that 19 per cent of adult women are literate compared to 49 per cent of adult men. While acknowledging the difficult situation prevailing in the country, the Committee requests the Government to step up its efforts to encourage girls’ and women’s access and completion of education at all levels, and to enhance their participation in a wide range of training programmes, including those in which men have traditionally predominated. It requests the Government to provide updated statistics disaggregated by sex, on participation and completion rates of the different levels of education, as well as in the various vocational training programmes. The Committee again requests the Government to provide information on any measures taken as a result of the affirmative action policy in education envisaged by the NAPWA 2007–17.

Article 5(1). Special measures of protection. Work prohibited for women. The Committee previously noted that the list of physically arduous or harmful work prohibited for women to be established under section 120 of the Labour Law was still under preparation. Noting the absence of updated information provided by the Government in that respect, the Committee again urges the Government to ensure that, in the process of the Labour Law reform, any restrictions on the work that can be done by women are strictly limited to maternity protection and are not based on stereotyped assumptions regarding their capacity and role in society that would be contrary to the Convention. It requests the Government to provide a copy of the list of work that is prohibited for women, once adopted.

Repetition

Article 1(1)(b) of the Convention. Persons with disabilities. The Committee previously noted that section 15 of the Law on Rights and Benefits of Persons with Disabilities provides for equal rights for persons with disabilities in terms of social, economic and educational participation in society, among others. The Committee notes that, according to the Afghanistan Living Conditions Survey (ALCS) for 2016–17, the Central Statistics Organization recently indicated that while section 22 of the Law establishes a 3 per cent employment quota for persons with disabilities in the public sector, in practice, they only represented 0.17 per cent of public sector employees according to the most recent statistics of 2012. It further notes that the Afghanistan Independent Human Rights Commission (AIHRC) recently indicated that persons with disabilities have considerably lower levels of literacy (19.7 per cent) and that while section 20 of the Law provides that the Government shall ensure vocational training, only 10 per cent of those who were interviewed received such training (AIHRC, Report on the situation of the rights of persons with disabilities in Afghanistan, June 2016). The Committee requests the Government to provide information on any measures taken or envisaged, in the framework of the Law on Rights and Benefits of People with Disabilities or otherwise, to facilitate vocational training and promote employment opportunities of persons with disabilities, both in the private and public sectors, including by ensuring the effective implementation of existing legislation concerning vocational training and employment quota. The Committee requests the Government to provide information on the employment rates of persons with disabilities, disaggregated by sex, occupation and economic sector, as well as on any complaints regarding employment discrimination based on disability brought before the competent authorities, and the outcomes including the remedies granted. It again requests the Government to provide a copy of the Law on Rights and Benefits of Persons with Disabilities.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Civil service. The Committee takes note of the adoption of the Election Law approved on 22 August 2016, which reserves at least 25 per cent of seats for women representatives in the provincial, district and village councils. While noting the Government’s indication, in its reports, that the 27 gender units, active in all the ministries are involved in the recruitment of civil servants, the Committee notes that several United Nations (UN) bodies expressed concern about the lack of adequate human, technical and financial resources allocated to them (Report of the UN Special Rapporteur on violence against women, its causes and consequences, 12 May 2015, A/HRC/29/27/Add.3, paragraphs 9 and 3 and CEDAW/C/AFG/CO/1-2, 30 July 2013, paragraph 18). It further notes that, according to the national Central Statistics Organization, in 2016, women represented only 22.5 per cent of public sector employees and 7.5 per cent of those employed in the third grade or higher position. It notes that the AIHRC highlighted that women, who represented only 1.8 per cent of the total police officers and 0.83 per cent of the persons employed in the national army, are employed in lower positions and face discrimination in the enjoyment of labour rights and privileges, as well as regarding opportunities for capacity building and vocational training (AIHRC, Report on the situation of women employed in defence and security sectors, 9 December 2017). The Committee requests the Government to provide information on any measures taken or envisaged to meet its target of 30 per cent of women in the public service by 2020 set in the National Action Plan for Women of Afghanistan (NAPWA) 2007–17, and to promote the principle of equality of opportunity between men and women in the public sector. It requests the Government to provide information on the activities of the gender units, including the results of any studies and reports on the impact of such activities. Please also provide statistical information on the participation of men and women in the public sector, disaggregated by occupational categories, positions and age.

Private sector. The Committee notes that, according to the ALCS for 2016–17, the situation of women has deteriorated, as the labour force participation rate of women decreased from 29 per cent in 2014 to 26.8 per cent in 2017 (against 80.6 per cent for men), and that women are still largely restricted to low-paid and informal employment. It notes that the Central Statistics Organization recently indicated that the share of women in decision-making only increased from 9.9 per cent in 2013 to 10.7 per cent in 2016, and pointed out that discrimination against women and the lack of adequate educational qualifications hinder women progress in decision-making positions (“Women and Men in Decision Making”, 2016, Phase III, pages 9, 20, 27 and 77). The Committee notes that, in its National Labour Policy for 2017–20, the Government recognized that opportunities for women in the labour market are restricted not only by capacity and economic factors, but also by social and cultural factors, and that the Government commits to remove barriers to women’s employment and to improve women’s economic conditions and gender equality in the labour market, mainly through vigorous implementation of ILO ratified Conventions. The Committee notes that, on 8 March 2017, the Government launched a National Priority Programme on Women’s Economic Empowerment, which aims at expanding women’s access to economic resources, and promoting legal and policy frameworks to promote women’s rights. To this end, the Executive Committee on Women’s Empowerment was established on 8 August 2017 to facilitate high-level coordination among the stakeholders. The Committee requests the Government to provide information on the measures taken and the programmes implemented, under the National Labour Policy 2017–20 and the 2017 National Priority Programme on Women’s Economic Empowerment, to promote gender equality in the labour market and enhance women’s access to employment and self-employment, including by removing social and cultural barriers, as well as on the results achieved in this regard. It further requests the Government to provide information on the composition and activities of the Executive Committee on Women’s Empowerment. The Committee requests the Government to provide statistical information on the participation of men and women in the private sector, disaggregated by sector and occupational categories including decision-making positions.

Awareness-raising. The Committee notes the Government’s indication that the Ministry of Women’s Affairs, in collaboration with other public institutions and international agencies, has organized several public information workshops, seminars and campaigns to promote the principle of the Convention, in order to create awareness about the importance of women’s education, and economic, social and political empowerment and participation. The Committee requests the Government to continue to provide information on the content of the activities organized and the materials distributed to raise awareness of government officials, judges, workers, employers, and their organizations, on the principle of the Convention, as well as to actively combat gender bias and sexist stereotypes concerning the vocational aspirations and capabilities of women and their suitability for certain jobs. It requests the Government to indicate whether any cooperation or joint activities have been undertaken together with the employers’ and workers’ organizations.

Enforcement. The Committee notes that section 35 of the Law on the Elimination of Violence against Women (EVAW), 2009, which provides that a person who violates women’s rights to education or to work, among others, shall be sentenced to short-term imprisonment not exceeding six months, was firstly incorporated into the revised Penal Code in March 2017, and then removed on the instruction of the Government, as a result of pressure exerted by some members of the Parliament, which left the status of the EVAW Law in a state of uncertainty. Noting that, in the National Labour Policy for 2017–20, the Government recognizes laxity in the enforcement of labour-related legislation and that, in its concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the fact that decisions of informal justice mechanisms are discriminatory against women and undermine the implementation of existing legislation and recommended to enhance women’s accessibility to the formal justice system (CEDAW/C/AFG/CO/1-2, 30 July 2013, paragraphs 14 and 15), the Committee requests the Government to provide information on any gap concerning the application of the principle of the Convention or the relevant provisions of the Labour Law that would have been revealed by labour inspections, as well as information on any appropriate actions taken or envisaged in this regard. It further requests the Government to provide information on any measures taken or envisaged to enhance women’s accessibility to the formal justice system, as well as on any cases of discrimination dealt with by the courts or any other competent authorities, including information on sanctions and remedies provided.

Repetition

Article 2(1), (4) and (5) of the Convention. Minimum age for admission to employment or work. In ratifying the Convention, Afghanistan specified a minimum age of 14 years for admission to employment or work within its territory, pursuant to Article 2(4) of the Convention.

The Committee notes once again, from the Government’s report, that according to section 13 of the Labour Law, no person under the age of 18 years shall be employed while a child of 15 years may be employed in light industries, and for trainees the minimum age is 14 years. The Committee, once again, draws the Government’s attention to Article 2(5) of the Convention, according to which each Member who has specified a minimum age of 14 years shall include in its reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date. Noting, once again, that there appears to be various minimum ages for admission to employment or work under the national legislation, which are higher than the minimum age of 14 years specified upon ratification, the Committee requests that the Government provide information on whether its reasons for specifying a minimum age of 14 years subsist.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that sections 4 and 17 of the Education Law of 2008 read together with section 5 provide for the free and compulsory education of children from age six to 14 years, which is in line with the minimum age for admission to work or employment specified by Afghanistan. However, the Committee noted that the net attendance ratio for primary education declined from 57 per cent to 55 per cent in 2013–14, estimating that 2.3 million primary school-age children miss out on education and that the large majority of these are from rural areas. Noting that the Government’s report does not contain any information in this regard, the Committee requests once again that the Government take the necessary measures to effectively implement compulsory education, especially in rural areas, as stipulated under sections 4 and 5 of the Education Act. It also requests, once more, that the Government take the necessary measures to decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in child labour.

Article 3(1) and (2). Hazardous work and determination of types of hazardous work. The Committee previously noted that section 13(2) and (4) of the Labour Law prohibits the employment of children under the age of 18 years in work injurious to their health and development. Sections 121 and 122 of the Labour Law further prohibit night work and overtime work by young persons under the age of 18 years. With regard to the determination of hazardous work, the Committee noted the Government’s indication that the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) and the Ministry of Public Health have jointly adopted a regulation, pursuant to section 120 of the Labour Law, prescribing a list of 244 physically arduous and harmful occupations prohibited to women and children, out of which 31 occupations are identified as worst forms of child labour that are prohibited to children under the age of 18 years. The Committee also noted that in 2014, the MoLSAMD adopted a list of 29 prohibited jobs for children under 18 years which include: (a) mining; (b) working in the iron furnace, garbage collection and recycling, slaughter houses, production of narcotic drugs, in workshops with dangerous chemicals, painting metal and wood, processing and mixing acid and battery charging, grinding salt and packing, and in garment factories; (c) working with ovens in bakeries and ovens in brick kilns, heavy machinery, fluid gas, insecticides; (d) working as porters, tractor drivers, in public transport; (e) working at heights; (f) working for more than four hours per day in carpet producing; and (g) using children for bonded labour and begging. The Committee once again requests that the Government provide information on the application in practice of the two regulations containing the list of hazardous types of work prohibited to children under the age of 18 years, including statistics on the number and nature of violations reported and penalties imposed.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that, in practice, children under the minimum age participate in artistic performances for a limited number of hours. It requested that the Government indicate if the national legislation allows exceptions to the prohibition of employment or work for such purposes as participation in artistic performances. Noting the absence of information provided in this regard, the Committee once again requests that the Government provide information on the measures taken or envisaged to establish a system of providing individual permits for participation of children in artistic performances as well as to regulate such performances, pursuant to Article 8 of the Convention.

Article 9(1). Penalties and labour inspectorate. The Committee observed that the Labour Law does not establish any penalties for the violations of its provisions, including for the employment of children and young persons. It further noted that, according to section 146 of the Labour Law, monitoring and compliance with labour laws, protection and safety measures, arduous work and jobs that are harmful to health, working hours and conditions, and wages are exercised by the Labour Monitoring and Guidance Authority of the MoLSAMD. The Committee notes that the Government’s report does not provide any information in this respect and therefore requests, once again, that the Government provide information on the functioning of the Labour Monitoring and Guidance Authority in monitoring the compliance with the child labour provisions, including in the informal economy. The Committee also requests that the Government provide information on the number of inspections carried out as well as the number of violations detected with regard to the employment of children and young persons and penalties imposed.

Article 9(3). Keeping of registers. The Committee previously noted that according to section 16 of the Labour Law, a copy of the employment contract of persons under the age of 18 years shall be kept by the employer and another copy shall be provided to the MoLSAMD but that the conditions/contents of the employment contract, as laid down by section 15 of the Labour Law, does not require the name and age of the employee. The Committee also noted the Government’s information that the MoLSAMD has developed a recruitment and work condition procedure with a view to preventing the illegal employment of children and young persons, and which requires the proper and detailed registration of the employment of children and young persons in permissible occupations.

The Committee notes the Government’s indication that the recruitment and work condition procedure developed by the MoLSAMD has now been referred for implementation to all recruitment agencies and that the procedure includes proper and detailed registration of young people under the age of 18 who are employed in different legally permissible occupations. The Committee requests that the Government indicate whether the requirements for registration of employment under the recruitment and work condition procedure include the requirement to register the age or date of birth of young persons under the age of 18 years.

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the implementation of the various measures taken by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) to prevent child labour, including: the National Child Labour Strategy, 2012, followed by a National Action Plan to prevent child labour in brick kilns; a National Strategy for the Protection of Children at Risk; and a National Strategy for Working Street Children, 2011. However, the Committee noted, that children in Afghanistan are engaged in child labour and often in hazardous conditions, including in agriculture, carpet weaving, domestic work, street work, and brick making. Moreover, 27 per cent of children between the ages of 5 and 17 years (2.7 million children) are engaged in child labour with a higher proportion of boys (65 per cent). Of this, 46 per cent are children between 5 and 11 years of age. At least half of all child labourers are exposed to hazardous working conditions such as dust, gas, fumes, extreme cold, heat or humidity. Moreover, 56 per cent of brick makers in Afghan kilns are children and the majority of these are 14 years of age and below.

The Committee notes that the Government’s report contains no new information in this regard. The Committee once again notes with concern that a significant number of children under the age of 14 years are engaged in child labour, of which at least half are working in hazardous conditions. The Committee therefore urges the Government to strengthen its efforts to ensure the progressive elimination of child labour in all economic activities, both in the formal and informal sectors, and requests that the Government provide information on the measures taken in this regard, as well as the results achieved.

Article 2(1). Scope of application. The Committee noted that according to sections 5 and 13 of the Labour Law, read in conjunction with the definition of a “worker”, the Law applies only to labour relations on a contractual basis and, therefore, that the provisions of the Labour Law did not appear to cover the employment of children outside a formal employment relationship, such as children working on their own account or in the informal economy.

Noting the absence of information provided in this regard in the Government’s report, the Committee recalls that the Convention applies to all sectors of economic activity and covers all forms of employment and work, whether or not there is a contractual employment relationship. The Committee therefore requests, once again, that the Government take the necessary measures to ensure that all children, including children working outside a formal employment relationship such as children working on their own account or in the informal economy, benefit from the protection laid down by the Convention. In this regard, the Committee encourages, once more, the Government to review the relevant provisions of the Labour Law in order to address these gaps as well as to take measures to strengthen the capacity and expand the reach of the labour inspectorate to the informal economy with a view to ensuring such protection in this sector.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee previously noted that section 13(2) of the Labour Law sets 15 years as the minimum age for employment in light work in industries and section 31 prescribes a weekly working period of 35 hours for young persons between 15 and 18 years of age. It observed that the minimum age for light work of 15 years is higher than the minimum age for admission to employment or work of 14 years, specified by Afghanistan.

Noting the absence of information provided in this regard by the Government, the Committee once again draws the Government’s attention to the fact that Article 7(1) of the Convention is a flexibility clause which provides that national laws or regulations may permit the employment or work of persons aged 13–15 years in light work activities which are not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received.

The Committee notes the lack of information contained in the Government’s report and recalls once again that Article 7(4) permits member States who have specified a general minimum age for admission to employment or work of 14 years to substitute a minimum age for admission to light work of 12–14 years to that of the usual 13–15 years of age (see General Survey on the fundamental Conventions, 2012, paragraphs 389 and 391). In view of the fact that a high number of children under 14 years of age are engaged in child labour in the country, the Committee once again requests that the Government regulate light work activities for children between 12 and 14 years of age to ensure that children who, in practice, work under the minimum age are better protected. The Committee also requests that the Government take the necessary measures to determine light work activities that children of 12–14 years of age are permitted to undertake and to prescribe the number of hours and conditions of such work, pursuant to Article 7(3) of the Convention.

Repetition

Articles 2, 3 and 6 of the Convention. Policy for the promotion of paid educational leave and the participation of social partners. The Committee notes the Government’s reply to its previous direct request in which it reiterates that sections 78, 79 and 80 of the Labour Code adopted in 2007 provide for the payment of wages to workers who require leave for training purposes during working hours. The Government’s report also draws attention to section 17 of the Civil Servants Law which stipulates the right to in-service training for workers; and to section 11 of the regulation on scholarships and overseas education which stipulates that the administration or employer is obliged to provide the full wages and other privileges of the employees for the period of training or education. The Committee notes that these provisions are applicable for public and private sector employees and the application of the provisions are monitored by the labour inspection department of the Ministry of Labour, Social Affairs, Martyrs and Disabled. It also notes the Government’s indication that there were no statistics available in this regard. The Committee invites the Government to provide in its next report extracts of any policy documents that give effect to the Convention. It also invites the Government to provide any useful documentation, such as reports, studies and statistics that will allow it to gain an appreciation of the involvement of the social partners in the application of the Convention in practice (Part V of the report form).

Repetition

Article 2 of the Convention. Application of the Convention to self-employed workers. The Committee notes the Government’s indication, in response to the Committee’s previous request, that the Labour Code does not apply to self employed workers, as workers operating on their own accord determine their own remuneration, working hours and working conditions. The Government indicates that its financial, human resources and legislative capacities are not yet at a level to provide for the regulation of all categories of self-employed workers; however, the Government indicates that such workers are entitled to the rights outlined in the Constitution including the right to form associations in accordance with provisions of the law (article 10 of the Constitution). Having taken due note of the Government’s indications, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that self employed workers in the rural sector enjoy the right to establish and join organizations of their own choosing, as well as other rights under the Convention.

Articles 5 and 6. Policy of active encouragement of rural organizations. The Committee previously noted that there were approximately 45,000 rural organizations relating to socio-economic development. It noted the Government’s indication that workers in rural areas and agriculture had not formed unions although they are allowed by law, due to, among other reasons, the security situation in the country. In this respect, the Committee notes the Government’s statement that although the country has a growing number of rural workers, the goal of putting in place an effective rural workers administration system has yet to be realized. This was due to a lack of awareness among rural workers about their rights, widespread illiteracy among such workers and low quality of jobs that are often irregular and depend on migration. The Government indicates, however, that as part of its national development agenda, it has launched initiatives and programmes aimed at improving the status of rural workers. These include a national priority programme on agriculture and rural development, and a national agriculture development framework, as well as other measures aimed at increasing employment opportunities and enterprise development in rural areas and the provision of training to farmers concerning agricultural production. Noting the Government’s indication that there are no legal barriers to the establishment of rural workers’ organizations, the Committee also recalls that Article 5 of the Convention requires Members to carry out a policy of active encouragement of such organizations. The Committee requests the Government to provide information on the adoption or implementation of any policy or other steps taken pursuant to Articles 5 and 6 of the Convention to eliminate obstacles to the establishment of an organization of rural workers, their growth and the pursuit of their lawful activities, as well as to promote the widest possible understanding of the need to further the development of rural workers’ organizations and of the contribution they can make to improving employment opportunities and general conditions of work and life in rural areas, as well as to increasing the national income and achieving a better distribution thereof.

Repetition

Adoption and implementation of policies and programmes of vocational guidance. Close link between employment and training. The Committee notes the report provided by the Government in which it indicates that three Ministries (Education, Higher Education and the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD)) undertake activities on human resource development. The report draws attention to the fact that the Labour Law includes provisions for human resource development, such as supporting training institutions and training courses for young employees and for persons with disabilities. With respect to the implementation of the National Skills Development Program (NSDP), the Government indicates that Technical Vocation and Educational Training (TVET) have been conducted in Kabul and provinces and that a total of 2,300 people, including persons with disabilities, have been trained in various areas including construction, services and agriculture. The Committee notes, in particular, that from 2002 until 2012 more than 100,000 people, nearly half of them women, received training from the MoLSAMD and that more than 10,000 people are currently under training. The Committee welcomes the Government’s indication that it has begun the process of developing the National Vocational Education and Training Authority (NVETA) and that the zero draft of the National TVET policy has been developed and circulated for further consultation. Moreover, the Committee takes note of the Government’s indication that the TVET policy aims to coordinate TVET related issues in the country in light of the Afghanistan National Development Strategy (ANDS) and national priority programmes, and that it contains provisions to encourage women and vulnerable categories of workers to develop and use their capabilities for work in all branches of economic activity and at all levels of skill and responsibility. The Committee invites the Government to include in its next report up-to-date information on the implementation of the NSDP and on the NVETA and its operation in coordination with the social partners, as required by Article 5 of the Convention. It also invites the Government to include information on the implementation of measures undertaken in the framework of the ANDS and the TVET policy to develop comprehensive and coordinated policies and programmes of vocational guidance and training closely linked with employment, in particular through public employment services, and the results thereof (Articles 1–3). Finally, the Committee would appreciate receiving information on measures taken to encourage women and vulnerable categories of workers to develop and use their capabilities for work in all branches of economic activity and at all levels of skill and responsibility.

Repetition

Articles 1, 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the information provided in the Government’s first report. The Government indicates that the most representative organizations of employers and workers for purposes of the Convention are: the Afghanistan Chamber of Commerce and Industries (ACCI), the National Union of Afghanistan Workers and Employees (NUAWE) and the Central Council of Labour Unions of Afghanistan (CCLUA). With respect to the application of Article 2 on procedures to ensure effective consultation with respect to matters set out in Article 5(1), the Government refers to the High Labour Council, a high-level tripartite consultation mechanism envisaged under section 145 of the Labour Law of Afghanistan. The Committee notes that the regulation for the establishment of the High Labour Council was developed by a tripartite consultative committee that was also tasked with the revision of the Labour Law, and adoption of the regulation is still pending. The Government explains that, during this period, all matters concerning labour administration are handled in regular consultation with the social partners. It further indicates that, following consultations with the social partners in 2016 and at their request, the Ministry of Labour, Social Affairs, Martyrs and the Disabled (MoLSAMD) established a tripartite working committee tasked with the responsibility of reporting on the implementation of the Convention. The Government adds that the tripartite working committee holds meetings on the matters set out in Article 5(1) on a regular basis. In this regard, the Committee notes that the Government has not provided information on the frequency, nature and outcome of the discussions held in the tripartite working committee on the matters enumerated in Article 5(1)(a)–(e). The Committee requests the Government to provide information on the composition of the Tripartite Consultative Committee and the date on which it became operational. The Committee also requests the Government to provide information on the status of the regulations establishing the High Labour Council and to submit copies once they are adopted. The Committee requests the Government to provide information on the activities of the Tripartite Working Committee and the High Labour Council relevant to the matters covered by Article 5(1) of the Convention, indicating the content and outcome of such consultations.

Article 3. Selection of representatives. Representation of employers and workers on an equal footing. The Government indicates that there is a free and fair ad hoc arrangement between the MoLSAMD and the social partners for the temporary management of the choosing of representatives of employers and workers. More specifically, the social partners freely nominate representatives of workers and employers upon request for nominations from the MoLSAMD. The use of this mechanism for choosing representatives of employers and workers for tripartite consultation procedures will continue until the High Labour Council officially starts its work and a proper selection procedure (in accordance with Article 3) is established for partner representation. The Committee requests the Government to provide up-to-date and detailed information on the manner in which representatives of employers and workers are chosen for the purposes of the Convention once the High Labour Council officially starts its work and a proper selection procedure is established for partner representation. The Committee further requests the Government to provide information on the manner in which it is ensured that employers and workers are represented on an equal footing on the tripartite bodies referred to by the Government.

Article 4. Administrative support. Training on consultative procedures. The Government indicates that, represented by MoLSAMD only in labour administration related matters, it provides administrative support for the consultation procedures provided for in the Convention. The Committee requests the Government to describe the manner in which effect is given to this Article of the Convention.

Article 6. Annual report. The Government indicates that effective reporting deadlines and mechanisms for the development of the annual report contemplated under Article 6 are not yet in place. It adds that Afghanistan has asked the ILO Office in Kabul for technical assistance in this regard, particularly with organizing a capacity-building workshop on reporting for purposes of the Convention. The Committee notes the consensus reached by the tripartite partners on the establishment of a technical committee consisting of representatives of the social partners, so that the report may be developed in a consultative manner. The Committee requests the Government to provide updated information in its next report on the manner in which effect is given to this Article of the Convention, including information on the activities of the technical committee.

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.

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.