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Minimum Age Convention, 1973 (No. 138) - Afghanistan (RATIFICATION: 2010)

Other comments on C138

Observation

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Direct Request

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The Committee notes the Government’s first report.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s statement in its report that despite a serious economic slowdown and pressures on the labour market mainly caused by a reduction in foreign assistance, an increasing number of young entrants to the labour market and lack of job opportunities, further exacerbated by the successful but difficult security and political transitions, Afghanistan remains committed to the full implementation of the Convention and that no specific category of economic activity or employment will be exempted from the minimum age requirement. The Committee also notes the detailed information provided by the Government, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182) on 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, with the primary intention of providing support and assistance to children and young persons in the country. The Committee notes, however, that according to an ILO assessment report under the Roads to Jobs (R2) Project, entitled Child Labour assessment in Balkh and Samangan Provinces, December 2015, 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, according to the findings of the Afghanistan Living Conditions Survey 2013–14 (ALCS), 27 per cent of children between the ages of 5–17 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. At least half of all child labourers are exposed to hazardous working conditions such as dust, gas, fumes, extreme cold, heat or humidity. Moreover, according to the 2011 ILO Rapid Assessment Study on Bonded Labour in Brick Kilns in Afghanistan, 56 per cent of brick makers in Afghan kilns are children and a majority of these are 14 years and below. Observing 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 requests that the Government strengthen its efforts to ensure the progressive elimination of child labour in all economic activities. It requests that the Government provide information on the measures taken in this regard as well as the results achieved.

Article 2(1) of the Convention. Scope of application. The Committee notes 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. The Committee therefore observes that the provisions of the Labour Law do not appear to cover the employment of children outside an employment relationship, such as children working on their own account or in the informal economy. The Committee reminds the Government 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 that the Government take the necessary measures to ensure that all children, including children working outside an 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 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 notes 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. The Committee observes 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. The Committee 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 on 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. It may also be recalled 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 (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 are engaged in child labour in the country, the Committee requests that the Government regulate light work activities for children of 12 to 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 permitted to children of 12 to 14 years of age and to prescribe the number of hours and conditions of such work, pursuant to Article 7(3) of the Convention.

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