Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Articles 1 and 2 of the Convention. Legislation. In response to its previous request to the Government to take the necessary measures to amend the Labour Law, the Committee notes the Government’s indication that the Labour Law is under review. The Government also indicates that one of the main objectives of a project launched under the Decent Work Country Programme (DWCP) for Afghanistan is to reform the labour laws, and that recommendations will be made in this context regarding amendments needed to bring the Labour Law into compliance with international labour standards, in cooperation with employers’ and workers’ organizations. Recalling that the prohibition of discrimination in section 9 of the Labour Law is very general, the Committee urges the Government to take the opportunity of the current labour law reform process to amend the law to prohibit direct and indirect discrimination covering all the grounds listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, as well as any other grounds determined in consultation with employers’ and workers’ organizations, in accordance with Article 1(1)(b) of the Convention, and to provide information on steps taken in this regard. Please also provide specific information on the role of the social partners in this process. Recalling the terms of the National Action Plan for Women of Afghanistan (NAPWA), the Committee asks the Government to provide information on progress made to amend or repeal the laws that impair women’s potential to fulfil their social and economic rights and duties.

Civil service. Recalling its previous comments on the Civil Servants Act adopted in 2008, the Committee notes that the Government refers to section 9(1) of the Labour Law which prohibits discrimination in recruitment, payment of salary and allowances, and selection of a profession, as well as section 10 of the Civil Servants Act, prohibiting discrimination in recruitment based on the grounds of sex, ethnicity, religion, disability and physical deformity. The Committee recalls the importance of ensuring that civil servants are protected against discrimination based on at least all the grounds enumerated in the Convention and in all aspects of employment and occupation. Noting that a copy of the Civil Servants Act was not attached to the Government’s report as indicated, the Committee asks the Government to forward a copy so that it may examine its provisions in light of the Convention. The Committee also asks the Government to clarify whether the provisions of the Labour Law are applicable to civil servants covered under the Civil Servants Law, and if so, to specify the inter-relationship between section 9 of the Labour Law and section 10 of the Civil Servants Act.

Article 1(1)(b). Disability. The Committee welcomes the adoption of the Law on Rights and Benefits of People with Disability, which according to the Government provides for equal rights for persons with disabilities in terms of social, economic, political, cultural, educational, recreational and athletic participation in the society (section 15). The Committee asks the Government to forward a copy of the Law on Rights and Benefits of People with Disability and to provide information on measures taken in order to implement section 15 of the Law.

Article 5(1). Special measures of protection. Work prohibited for women. The Committee notes that the list of physically arduous or harmful work prohibited for women to be established under section 120 of the Labour Law, is still under preparation. The Government indicates generally that the list will not include prohibitions based on stereotyped assumptions. The Committee recalls that protective measures which are aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, are discriminatory and contrary to the Convention. Noting the absence of details regarding prohibitions set out in the list to be established under section 120 of the Labour Law, the Committee urges the Government to ensure that any restrictions on the work that can be done by women is strictly limited to maternity protection. The Committee also asks the Government to forward a copy of the list once it is adopted.