Informe provisional - Informe núm. 407, Junio 2024

1. 57. The Committee last examined this case (submitted in March 2017) at its June 2023 meeting, when it presented an interim report to the Governing Body [see 403rd Report, paras 54–69, approved by the Governing Body at its 348th Session (June 2023)].
2. 58. At its meeting in March 2023 [see 401st Report, para. 6], the Committee made an urgent appeal to the de facto authorities indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body (1971), it could present a report on the substance of the case, even if the requested information or observations had not been received in due time. To date, the de facto authorities have not sent any information. The complainant organization provided update information in a communication received on 15 April 2024.
3. 59. Afghanistan has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 60. At its June 2023 meeting, the Committee made the following recommendations [see 403rd Report, para. 69]:
   • (a) The Committee firmly urges the de facto authorities to ensure that the matters first giving rise to this complaint, in particular as regards the confiscation of the complainant’s properties, are addressed without delay. It expects a rapid decision of the Courts concerning the legal claim of the National Union of Afghanistan Workers and Employees (NUAWE) in this regard and requests the de facto authorities to provide detailed information on the status of the court proceedings and indicate any steps taken to comply with the final decision once it is made.
   • (b) The Committee urges the de facto authorities to provide detailed observations on the allegations concerning the freezing of the union’s bank accounts without judicial authorization, the failure to renew the union’s licence rendering its operations illegal, as well as the serious allegations contained in the International Trade Union Confederation (ITUC) communication of May 2022 on threats against trade unionists forcing their exile and the confiscation, in March 2022, of the NUAWE’s properties and documents, including in the provinces.
   • (c) The Committee urges the de facto authorities to clarify whether the 2016 decree can indeed lead to administrative intervention in or control over trade union affairs and whether, in particular, administrative suspension or dissolution of a trade union could be a possible consequence of the review undertaken and, if so, invites the de facto authorities to amend the 2016 decree to ensure that this is not possible.
   • (d) In light of the current circumstances in the country, the Committee requests the de facto authorities to take all necessary measures to ensure that all workers’ and employers’ organizations may carry out their legitimate trade union activities in a climate that is free from violence, pressure and threats of any kind.
   • (e) The Committee expects the de facto authorities to commit to ensuring that the exiled NUAWE leadership, including Mr Qaderi, can return to the country to carry out trade union activities in an environment free of violence, pressure or threats.
   • (f) The Committee recalls that the technical assistance of the Office is available in order to pursue recommendations (a) to (d).
   • (g) The Committee draws the Governing Body’s attention to the serious and urgent nature of this case.

B. Additional information from the complainant

1. 61. In a communication received on 15 April 2024, the complainant informs that representatives of NUAWE visited the leader of the de facto authorities in Kandahar with proposals to address the issues, to no avail. Other meetings took place at the level of the de facto authorities responsible for justice and labour in Kabul, without result. In relation to the union properties, the complainant denounces the fact that all its monthly financial income through its properties is collected by the de facto authorities. All the union properties remain under the control of the de facto authorities. And regrettably, none of the recommendations of the Committee were implemented.

C. The Committee’s conclusions

1. 62. The Committee regrets that the de facto authorities have still not provided a response to its recommendations, even though they have been requested several times to do so, including through an urgent appeal.
2. 63. Under these circumstances and in accordance with the applicable procedural rule [see 127th Report, approved by the Governing Body at its 184th Session (1971), para. 17], the Committee is obliged to present a new report on the substance of the case without being able to take account of the information that it hoped to receive.
3. 64. Once again, the Committee reminds the de facto authorities that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to ensure respect for trade union rights in law and in practice. The Committee is confident that, while this procedure protects governments against unreasonable accusations, they must recognize the importance of formulating, for objective examination, detailed replies concerning allegations brought against them [see First Report of the Committee, 1952, para. 31]. The Committee urges the de facto authorities to be more cooperative in the future.
4. 65. The Committee recalls that this case concerns allegations of confiscation by the authorities of legitimately acquired trade union premises and property without a court order, including attempts at violent takeover and occupation of the National Union of Afghanistan Workers and Employees (NUAWE) offices by the police and the armed forces, as well as the freezing of the union’s bank accounts, failure to renew its licence and the hindering of freedom of expression and press.
5. 66. The Committee notes the communication of 15 April 2024 whereby NUAWE informs that some union representatives met with the de facto authorities in Kandahar and Kabul on several occasions to propose to address the issues raised in the present complaint, including on the issue of the union properties, without any result. More generally, the NUAWE denounces the fact that none of the recommendations made by the Committee were implemented.
6. 67. The Committee recalls that it previously noted with concern the absence of any final ruling by the Courts concerning the legal action presented by the union to claim certain properties. The Committee also expected the report on the holding of the congress of the union in accordance with the ruling of March 2019 of the Appellate Court of Kabul in relation to its leadership. In this context, the Committee also noted that a number of representatives of the NUAWE, including the signatory of the complaint, Mr Qaderi, have since fled the country and are in exile.
7. 68. While it is mindful of the complexity of the national situation, the Committee must recall that the development of free and independent organizations and negotiation with all those involved in social dialogue is indispensable to enable a government to confront its social and economic problems and resolve them in the best interests of the workers, including female workers and the nation [see 403rd report, para. 63]. It is once again bound to call upon all responsible authorities to provide information on the steps taken to address its previous conclusions, the general nature of which it recalls below.
8. 69. The Committee firmly urges the de facto authorities to ensure that the matters first giving rise to this complaint, in particular as regards the confiscation of the union’s properties, are addressed without delay. In this regard, it expects a rapid decision of the Courts concerning the legal claim of the NUAWE and requests the de facto authorities to provide detailed information on the status of the court proceedings and indicate any steps taken to comply with the final decision once it is made.
9. 70. The Committee previously recalled that the International Trade Union Confederation (ITUC) which associated itself with the complaint in April 2018, denounced: (i) attempts at violent takeover and occupation of the NUAWE offices by the police and the armed forces; (ii) the freezing of the union’s bank accounts without judicial authorization; (iii) the failure to renew the union’s licence; and (iv) the failure to engage with the union and the hindering of freedom of expression and press. The Committee noted with concern the allegations of the ITUC in May 2022 that, since the new authorities took power in August 2021, trade union leaders are under direct threat and therefore forced into exile. Some NUAWE leaders, including Mr Qaderi, were relocated abroad, as others led the team in the country. The Committee also noted the indication that despite an official request from the union, the authorities refused to re-open the union’s office and to renew its registration. It noted with grave concern the allegation that the authorities have seized the trade union properties in the provinces, confiscating materials and documents and expelling its staff. Therefore, the Committee requested the de facto authorities to provide detailed observations on the allegations of the ITUC contained in its communication of May 2022 on threats against unionists forcing their exile, the refusal to renew the union’s registration and the confiscation of the union’s properties and documents, including in the provinces. The Committee also requests the de facto authorities to provide its observations on the latest communication of the NUAWE dated April 2024 indicating that none of the Committee’s previous recommendations were implemented.
10. 71. The Committee recalled that its previous conclusions also concerned the text of the 2016 decree which, in addition to ordering the seizure of the complainant’s premises and their transfer under state ownership, gave mandate to the Ministry of Justice to review, in light of the applicable laws, the continuation of the activities of the NUAWE and two other trade unions, and proceed accordingly. The Committee urged the de facto authorities to clarify whether the 2016 decree can indeed lead to administrative intervention in, or control over, trade union affairs and whether, in particular, administrative suspension or dissolution of a trade union could be a possible consequence of the review undertaken and, if so, invites the de facto authorities to amend the 2016 decree to ensure that this is not possible.
11. 72. In light of the current circumstances in the country, the Committee requests the de facto authorities to take all necessary measures to ensure that all workers’ and employers’ organizations may carry out their legitimate trade union activities in a climate that is free from violence, pressure and threats of any kind.
12. 73. Recalling the importance attached to social dialogue in the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), The the Committee once again recalls that the technical assistance and support of the Office is available in this regard with a view to the effective implementation of in order to pursue its recommendations.