Cas individuel (CAS) - Discussion : 1999, Publication : 87ème session CIT (1999)

The Worker members recalled that the Committee had expressed grave concern regarding the measures taken and the practices used by the Government of Afghanistan, as well as other authorities, to prohibit the education of young girls and to prohibit women from working and to marginalize as much as possible the lives of hundreds of thousands of widows. The reports of the Special Rapporteur of the United Nations Human Rights Commission, the Secretary-General of the United Nations as well as the observations of the ICFTU and Amnesty International on the situation of women, revealed that the authorities imposed on women extremely difficult living and working conditions. The Committee of Experts having, in addition, learned about the regulatory text which restrained in a drastic manner the employment of women, could not help but observe the dramatic deterioration of the situation of women. The measures taken by the authorities had serious consequences on the health and teaching system, which had repercussions for women, young girls and young boys. Moreover, the almost generalized prohibition of women from working had dramatic consequences on the implementation of United Nations and NGO humanitarian programmes. The Committee of Experts highlighted, in the strongest terms, the violation by Afghanistan of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and also referred to discrimination based on political opinion. The Worker members stressed before the ILO and the delegates of the three groups present at the Conference that international and bilateral initiatives be taken to draw the attention of the Government in power in Afghanistan, as well as all the responsible politicians of this country, to the absolute necessity of taking urgent measures for the purpose of ending the very serious discrimination exercised against women in employment. Confronted with a case of such importance, the ILO and the entire international community must take responsibility.

The Worker members recalled that the Committee of Experts was particularly concerned by the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), by Djibouti. Serious contraventions of freedom of association had taken place and continued to exist in law and in practice. The Committee on Freedom of Association had examined complaints concerning very serious anti-trade union measures of reprisal taken against the leaders of the Djibouti Labour Union and the General Workers' Union of Djibouti, as well as against militants and members of these organizations. However, the Government promised, in January 1998, as a result of a direct contacts mission of the ILO led by Professor Verdier, a member of the Committee of Experts, to re-establish dialogue with trade unions and genuine workers' representatives. The Committee of Experts also observed that several provisions of the legislation were seriously in contravention of Convention No. 87, such as the requirement of prior consent to trade union constitutions, prohibition against foreigners from becoming trade union officers, and the extensive powers of the President of the Republic to bring a strike to an end upon demand. The Worker members considered that this case raised important questions and that the Government should take measures as soon as possible that would enable a renewal of the dialogue.

The Employer members regretted that certain governments had not responded to the invitation which had been made to them to come to the Committee in order to discuss questions relating to the application of ratified Conventions by their countries. They referred in particular in this respect to the Governments of Afghanistan and Djibouti. The Committee of Experts had made comments in its report which gave rise to serious concerns with regard to the application of certain Conventions by those countries. It was for that reason that they had been included in the list of cases proposed for discussion. In these circumstances, the conduct of these countries in not coming forward when requested displayed an uncooperative attitude towards the work of the Committee and of the Organization as a whole. The report of the Committee of Experts contained a great deal of information on the cases in question and the Employer members encouraged all those concerned to read the respective comments very carefully.