Informe provisional - Informe núm. 413, Marzo 2026

Caso núm. 3269 (Afganistán) - Fecha de presentación de la queja:: 06-MAR-17 - Activo

Allegations: The complainant organization denounces violations of trade union rights by the Government, in particular the issuance of a unilateral decision on confiscation of trade union premises and property without a court order

1. 39. The Committee last examined this case (submitted in March 2017) at its June 2024 meeting, when it presented an interim report to the Governing Body [see 407th Report, paras 57–74, approved by the Governing Body at its 351st Session (June 2024)]. 
2. 40. The International Trade Union Confederation (ITUC) presented additional information in a communication dated 17 February 2026.
3. 41. At its meeting in November 2025 [see 412th Report, para. 7], 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, 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.
4. 42. 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. 43. At its June 2024 meeting, the Committee made the following recommendations [see 407th Report, para. 74]:
   • (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. 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.
   • (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) Recalling the importance attached to social dialogue in the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), 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 recommendations (a) to (d).
   • (f) The Committee draws the Governing Body’s attention to the serious and urgent nature of this case.

B. Additional information from the complainants

1. 44. In a communication dated 17 February 2026, the ITUC submitted supplemental information regarding the case, detailing alleged violations of trade union rights by the de facto authorities. The complainant deplores the current situation in the country, asserting that there is no respect or protection for labour rights and civil liberties. The ITUC reports that trade unions are effectively banned, with leaders forced into exile and union members subjected to attacks. Furthermore, the complainant denounces the fact that women are prohibited from working and participating in trade union activities and are facing gender-based violence and harassment.
2. 45. The ITUC provides specific details regarding the illegal seizure of movable and immovable assets belonging to the National Union of Afghan Workers and Employees (NUAWE), emphasizing that these assets are the collective property of the workers. Specifically, the ITUC reports the seizure of a three-story building with an approximate area of 1,000 square meters located in Dehmazang, Kabul city. The complainant states that this building was purchased more than 40 years ago using workers’ membership contributions and that the NUAWE holds official legal ownership documents. According to the allegations, the de facto authorities have deliberately destroyed this building without providing any official explanation or accountability to the union. In addition, the complainant asserts that more than 100 residential apartments belonging to the NUAWE have been confiscated and are currently being misappropriated. The ITUC adds that the de facto authorities have intensified threats and coercion against the union to force the handover of all relevant documents.
3. 46. Furthermore, the complainant alleges that the organizational structure of the NUAWE has been hijacked and unlawfully taken over by the de facto authorities. The ITUC reports that the de facto authorities have imposed Mr Mawlawi Abdulmatin Mawlawi Zada as the head of the union, noting that he has never been a member of the NUAWE and that his appointment is contrary to the union’s constitution. The complainant expresses deep concern that the new leadership has subjected former union members to threats, harassment, and intimidation, placing their personal safety at imminent risk. Mr Mohammad Wahid, a former employee and union member, and Mr Abdul Wasi Nouri, the elected head of Panjshir Province, are formally identified as individuals currently facing these threats. Consequently, the ITUC urges the Committee to direct the de facto authorities to unconditionally return all NUAWE property and ensure that workers’ organizations can operate in a climate free from violence and pressure.

C. The Committee’s conclusions

1. 47. The Committee deeply regrets that, for the third time in succession, the de facto authorities have not provided any response to its recommendations, despite having been requested several times to do so, including through an urgent appeal. In fact, the de facto authorities have not provided any response since they seized control of Afghanistan. The Committee reminds the de facto authorities that they remain answerable for their actions affecting the respect, promotion and realization of the fundamental principles on freedom of association in Afghanistan and that it is in the context of exercising its mandate meaningfully that the Committee seeks the cooperation of the de facto authorities.
2. 48. 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. 49. 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 urges the de facto authorities to cooperate with it in discharging the obligation to realize the fundamental principles of freedom of association for which they remain responsible.
4. 50. The Committee recalls that this long-standing case concerns allegations of confiscation by the State authorities, by virtue of a decree dated 31 August 2016, of legitimately acquired trade union premises and property without a court order, including attempts at violent takeover and occupation of the 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 the press.
5. 51. During its last examination of the case, the Committee noted the complainant’s report of April 2024 informing that despite attempts by union representatives to engage with the de facto authorities in Kandahar and Kabul to address the confiscation of union properties and other outstanding issues, these meetings yielded no results. The Committee further noted that none of its previous recommendations had been implemented: the union’s bank accounts remained frozen without judicial authorization, its licence was not renewed, and 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 the continuation of the activities of the NUAWE) continued to threaten the union’s existence. The Committee also noted with concern that the NUAWE leadership, including Mr Qaderi (the signatory of the complaint before the Committee), remained in exile due to threats, while those remaining in the country faced a climate of intimidation that paralysed legitimate trade union activities.
6. 52. The Committee notes the additional information provided by the ITUC in a communication dated 17 February 2026, which raises serious allegations regarding the violation of trade union rights by the de facto authorities. The Committee notes with deep concern the statement that the current situation in the country is characterized by a lack of respect for labour rights and civil liberties, where trade unions are effectively banned, leaders are in exile, and women are prohibited from participating in work or trade union activities while facing gender-based violence.
7. 53. Regarding the allegations concerning trade union property, the Committee notes the specific information provided regarding the illegal seizure and destruction of assets belonging to the NUAWE. The Committee observes the allegation that a three-story building in Dehmazang, Kabul, which was purchased over 40 years ago through workers’ membership contributions, has been deliberately destroyed by the de facto authorities without any official explanation or accountability. The Committee further notes the allegation that more than 100 residential apartments belonging to the NUAWE have been confiscated and are currently being misappropriated, and that the union faces intensified coercion to hand over ownership documents. In this regard, the Committee must emphasize once again that a climate of violence, in which attacks are made against trade union premises and property, constitutes serious interference with the exercise of trade union rights; such situations call for severe measures to be taken by the de facto authorities (see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 289).
8. 54. The Committee further notes with deep concern the allegations that the organizational structure of the NUAWE has been hijacked by the de facto authorities. The Committee observes that the de facto authorities have reportedly imposed Mr Mawlawi Abdulmatin Mawlawi Zada as the head of the union, despite the fact that he has never been a member of the NUAWE and that this appointment violates the union’s constitution. The Committee firmly recalls that the public authorities should refrain from any interference which might restrict the exercise of the right of workers’ organizations to elect their own representatives freely, whether as regards the holding of trade union elections, eligibility conditions or the re-election or removal of representatives (see Compilation, para. 590).
9. 55. Finally, the Committee expresses its deep concern regarding the allegations of threats, harassment, and intimidation directed against former union members by the newly imposed leadership. The Committee notes the specific reports that the safety of Mr Mohammad Wahid, a former employee and union member, and Mr Abdul Wasi Nouri, the elected head of Panjshir Province, is at imminent risk. The Committee must recall that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, due process and the protection of premises and property belonging to workers’ and employers’ organizations, are fully respected and guaranteed (see Compilation, para. 83).
10. 56. The Committee notes with deep regret the lack of responsiveness from the de facto authorities and the absence of any concrete measures to resolve the long-standing grievances of the NUAWE, particularly regarding the restitution of confiscated property and the guarantee of safety for trade union leaders and members. The Committee observes with grave concern that this prolonged inaction has in fact been exacerbated by actions further undermining freedom of association, including more recent destruction and confiscation of property, hijacking of the union organizational structure, and increased harassment, and has worsened conditions, forced union leaders to remain in exile, and effectively paralysed the activities of the NUAWE. This has deprived workers of their legitimate right to representation and collective defence of their interests.
11. 57. The Committee firmly urges the de facto authorities to take immediate measures to ensure the physical safety of union leaders and members, to ensure that the NUAWE may carry out its legitimate activities in a climate free from interference, violence, and coercion, and to take immediate steps to discharge the obligation to realize freedom of association, for which they remain responsible. The Committee is obliged to refer the de facto authorities to its conclusions from its last examination [see 407th Report, paras 62–74] and to recall its previous recommendations.

The Committee’s recommendations

1. 58. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets that, since it last examined this case, the de facto authorities have not provided their observations, although they have been invited on several occasions, including by means of an urgent appeal. The Committee is obliged to refer the de facto authorities to its conclusions from its last examination and to recall its previous recommendations.
   • (b) The Committee firmly urges the de facto authorities to take immediate measures to ensure the physical safety of union leaders and members, to ensure that the NUAWE may carry out its legitimate activities in a climate free from interference, violence, and coercion, and to take immediate steps to discharge the obligation to realize freedom of association, for which they remain responsible..
   • (c) The Committee draws once again the Governing Body’s attention to the serious and urgent nature of this case.