Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Afghanistan (Ratification: 2010)

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. The Committee notes the Government’s information that the Law on prohibiting the recruitment of child soldiers which came into force in 2014, criminalizes the recruitment of children under the age of 18 years into the Afghan Security Forces.

The Committee also notes that according to the report of 20 April 2016 of the United Nations Secretary-General on children and armed conflict (A/70/836-S/2016/360) (Report of the Secretary-General), 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 notes the information contained in the Children Not Soldiers – Afghanistan Factsheet of May 2016 from the Office of the Special Representative of the Secretary-General for Children and Armed Conflict regarding 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 in February 2016, the Special Representative who visited Afghanistan commended the strong commitment of the Government and the important progress made to end and prevent the recruitment and use of children by the Afghan National Defence and Security Forces (A/70/836-S/2016/360, paragraphs 31 and 32). However, the UN Security Council’s Working Group on Children and Armed Conflict, in its conclusions of 11 May 2016 on children and armed conflict in Afghanistan, expressed grave concern over the deteriorating situation of children affected by the conflict, particularly the significant increase in child casualties, the continuing recruitment and use of children in violation of applicable international law, as well as attacks on schools and hospitals, particularly affecting girls’ education, by all parties to the conflict (S/AC.51/2016/1, paragraph 4). The Committee expresses its deep concern at the situation and the number of children involved in armed conflict. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take immediate and effective measures to put a stop, in practice, to the recruitment of children under 18 years by armed groups and the armed forces as well as measures to ensure the demobilization of children involved in armed conflict. It also 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. It requests the Government to take effective and time-bound measures to remove children from armed groups and forces and ensure their rehabilitation and social integration. It finally requests the Government 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 notes from the Report of the Secretary-General on Children and Armed Conflict that concerns remain 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 (paragraph 25). It also notes from the UNICEF document of 2015 that according to the 2014 Afghanistan Independent Human Rights Commission’s inquiry on bacha-bazi, 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 notes that the Committee on the Rights of the Child, in its concluding observations of April 2011, expressed deep concern that some families knowingly sell their children into forced prostitution, including for bacha-bazi (CRC/C/AFG/CO/1, paragraph 72). Noting with deep concern the use of children, particularly boys, for prostitution, the Committee urges the Government to take effective and time bound measures to eliminate the practice of bacha-bazi and to remove children from this worst forms of child labour and to provide assistance for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 7(2). Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour and taking account of the special situation of girls. Access to free basic education. The Committee notes the Government’s statement in its report 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 notes from the UNICEF document of 2015 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 closure of schools. The United Nations report of 2016 entitled “Education and Health Care at Risk” further states that 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 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. The Committee finally notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 30 July 2013, expressed concern at the low enrolment rate of girls, in particular at the secondary school level, and high dropout rates especially in rural areas owing to a lack of security to and from school. The CEDAW also expressed deep concern at the increased number of attacks on girls’ schools and written threats warning girls to stop going to school by non-State armed groups (CEDAW/C/AFG/CO/1-2, paragraph 32). Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee 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.

The Committee is raising other matters in a request addressed directly to the Government.