Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Articles 1 and 2 of the Convention. A national policy to promote equality of opportunity and treatment in employment and occupation. Recalling its previous observations, the Committee notes the adoption of the new Afghan Constitution on 4 January 2004 which calls in its preamble for the creation of a civil society free from oppression, atrocity, discrimination and violence, based on the rule of law, social justice and the protection of human rights. The Committee particularly notes that article 22 provides that any kind of discrimination and privilege between the citizens of Afghanistan is prohibited and that all citizens - whether women or men - have equal rights and duties before the law. It notes in addition that the Constitution provides that followers of all religions are free to practice their faith, and recognizes that many ethnic groups compose the Afghan nation.

2. The Committee hopes that the Government will soon be in a position to take all the necessary measures to declare and pursue, in law and in practice, a national policy designed to promote equality of opportunity and treatment in employment and occupation irrespective of race, colour, sex, religion, political opinion, national extraction, and social origin, as envisaged under Articles 1 and 2 of the Convention. In this context, the Committee particularly requests the Government to ensure that the human rights of women and girls are promoted and protected in respect of education, training, employment and occupation, in both rural and urban areas. It also urges the Government to repeal expressly all existing laws, regulations and instructions that restrict the access of women and girls to education and employment, as they are contrary to the Convention.

3. In the light of the recent changes in the country, the Government is asked to make every effort to provide a full report on the application of the Convention in law and practice in accordance with the report form established by the Governing Body for this purpose.