Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislative developments. The Committee notes that according to the Government, a new Labour Code was submitted to the National Assembly for approval in April 2007. The new Code provides in section 9(1) that there should be no discrimination in recruitment, payment of wages and allowances, occupations, the right to education and social protection, but it does not appear to cover discrimination in other terms and conditions of employment or with respect to termination. The Committee also notes that no definition of “discrimination” is set out in the Code. The Committee requests the Government to provide information on the status of the new Labour Code, and its entry into force. The Committee also asks the Government to include a definition of discrimination, in accordance with Article 1 of the Convention, and ensure that the prohibition of discrimination covers all terms and conditions of employment and termination of employment as well as all the prohibited grounds listed in the Convention. The Committee requests the Government to provide information on the measures taken in this regard.

2. The Committee further notes that section 9(2) of the new Labour Code provides that during pregnancy and after child birth, and in other cases envisaged by the legislation, certain benefits are provided to women in the workplace. It notes with interest that it is forbidden to refuse to employ women or to reduce their wages due to pregnancy or nursing of children (section 125) and that additional breaks are available for nursing mothers (section 124). In addition, section 126 envisages the establishment of kindergartens and nurseries at the workplace. Section 120 prohibits the employment of women in work that is physically arduous or harmful to health or that is being carried out underground. Noting that a list of the specific types of work concerned is to be prepared by the Government, the Committee recalls that such exclusions should not go beyond what is strictly necessary to protect women’s reproductive capacity, and that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society, would be contrary to the principle of equality of opportunity and treatment. The Committee requests the Government to provide a copy of the list of work that is prohibited for women under section 120 of the Labour Code and to provide the texts of any other legislative provisions regulating the employment of women. The Committee would also appreciate information on the practical application of the above-noted provisions and their impact on women’s equality in employment and occupation.

3. Application in practice. The Committee notes from the report of the High Commissioner for Human Rights on the situation of human rights in Afghanistan that while women in Afghanistan have made significant advances, including regarding their participation in Parliament and the public sector, progress in the realization of gender equality continues to be held back owing to discrimination, insecurity and the persistence of customary practices (A/HRC/4/98, 5 March 2007, paragraph 13). The Committee notes with interest the various activities carried out by the Afghanistan Independent Human Rights Commission with regard to the promotion of equality of men and women. The Committee requests the Government to indicate the measures taken to promote equal access to vocational training and employment and occupation of women, disabled persons and disadvantaged ethnic minorities, including those from nomadic communities. In this regard, the Government is requested to collect statistical information on the number of men and women participating in the various vocational training programmes and to provide this information to the Committee.

4. The Committee encourages the Government, in cooperation with workers’ and employers’ organizations, as well as other appropriate bodies such as the Afghanistan Independent Human Rights Commission and women’s organizations, to raise awareness and understanding of the non-discrimination provisions of the Labour Code and the provisions of the Convention. It requests the Government to indicate in its next report any awareness-raising or training activities carried out or planned with regard to the Labour Code’s non-discrimination provisions targeting, in particular, workers’ and employers’ representatives and public officials responsible for monitoring the Code’s application.