Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. The Committee notes the Government’s report and the comments from various trade unions attached to it, including comments from the All Women Union of Afghanistan, the All Afghanistan Federation of Trade Unions, the Workers and Employers National Union of Afghanistan, and the Central Council National Union Labour of Afghanistan. These trade unions state that, while discrimination was prohibited by law, employment discrimination based on sex, ethnic origin, place of origin or political considerations continued to occur, including in public sector employment. The Committee also notes that, according to the 2005 report of the United Nations High Commissioner for Human Rights on the situation of human rights in Afghanistan, the main reasons for high unemployment in Afghanistan are discrimination based on gender, disability and ethnic grounds, lack of job opportunities or economic activities and the lack of required skills and qualifications (A/60/343, 9 September 2005, paragraph 59).

2. Application in law. The Committee notes that the 2006 draft Labour Code contains a number of provisions concerning the principle of non-discrimination. Such provisions, once adopted, will be an important basis for moving towards the elimination of discrimination and the promotion of equality. The Committee encourages the Government to continue its efforts to ensure that the new Labour Code will prohibit discrimination with respect to all areas of employment and occupation, particularly in respect of vocational training and guidance, recruitment, and terms and conditions of employment, and that the legislation will prohibit discrimination based on all the grounds listed in Article 1(1)(a) of the Convention, i.e. race, colour, sex, religion, political opinion, national extraction and social origin. Noting that several trade unions indicated that they had not been able to express their views on the draft legislation, the Committee recalls that the Government is required under Article 3(a) of the Convention to seek the cooperation of workers’ and employers’ organizations in promoting acceptance and observance of the national policy to promote equality of opportunity and treatment to be adopted and implemented under the Convention. The Committee requests the Government to keep it informed of the progress made in adopting new legal provisions applying the Convention and on the manner in which the cooperation of workers’ and employers’ organizations has been sought in this process. It also requests the Government to indicate the measures taken to repeal all laws, regulations and instructions restricting the access of women and girls to education and employment.

3. Application in practice. The Committee recalls that the Convention is intended to promote equality of opportunity and treatment in law and in practice. Having acknowledged the legislative efforts under way, the Committee thus urges the Government to take measures to promote, in practice, equality of opportunity and treatment of men and women, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, or any other ground determined under Article 1(1)(b). Drawing the Government’s attention to the provisions of Article 3(d) and (e), the Committee urges the Government to take appropriate steps with a view to eliminating and preventing discrimination in respect of employment under the direct control of national authorities and in the activities of vocational guidance and training, as well as placement services. In this regard, the Committee considers that it would be useful to undertake training and awareness-raising activities concerning non-discrimination and equality for public officials responsible for applying, monitoring and enforcing labour legislation, as well as workers’ and employers’ representatives. The Government is also encouraged to monitor, on a continuing basis, the level of participation of men and women in the different areas of vocational training and employment. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that the Convention and national non-discrimination provisions are applied in practice.