European Union

Statement

International Labour Conference

111^th session 

Geneva, 5-16 June 2023

________

Committee on Application of Standards

Afghanistan

Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

________

Geneva, 8 June 2023

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Chair,

I have the honour to speak on behalf of the European Union and its Member States.

The Candidate Countries Albania*, Bosnia and Herzegovina*, the Republic of North Macedonia*, Moldova, Montenegro*, Serbia*, the EFTA countries Iceland and Norway, members of the European Economic Area, align themselves with this statement.

1. The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights.
2. We actively promote the universal ratification and implementation of the fundamental international labour standards. We support the ILO in its indispensable role to develop, promote and supervise the application of ratified international labour standards and of fundamental Conventions in particular.
3. The principle of equality and non-discrimination is a fundamental element of international human rights law. In the European Union’s founding treaties and the Constitutions of the EU Member States, the prohibition of discrimination is a core principle. ILO Convention No. 111 is the translation of this fundamental human right to the world of work.
4. We are deeply concerned about the steep deterioration of the overall human rights, including labour rights, and fundamental freedoms situation in Afghanistan since the Taliban forcefully took power in 2021. The Taliban have structurally and systematically violated economic, social and cultural, political and civil rights of the people of Afghanistan, especially of women and girls. Afghanistan is the only country in the world that prohibits education beyond primary level for girls. We note with concern that lack of access to education hinders future possibilities of employment or income-generating activities for women and girls.
5. We are deeply concerned that women have been largely removed from the workforce, including in public administration, legal professions, and especially in sectors providing humanitarian and basic needs support, despite women’s catalytic role in providing humanitarian aid. We note the only country-wide exceptions of health and primary education. Excluding women from the workforce is not only unacceptable from a human rights’ perspective but also economically disastrous. We strongly condemn the Taliban’s decisions to bar Afghan women from working for international and national NGOs and UN agencies and bodies.
6. We strongly regret that the Ministry of Women’s Affairs and the Afghanistan Independent Human Rights Commission have been disbanded and that specialized courts addressing the elimination of violence against women and prosecution offices have also been closed, leaving women without access to justice. According to the recent report of the UN Special Rapporteur on the situation of human rights in Afghanistan, Afghan women are disproportionately affected by human rights violations and restrictions, hindering the promotion of full, productive and freely chosen employment and therefore their ability to sustain themselves and their dependents. By early 2021, women-owned businesses were creating jobs, but by March 2022, 61% of women previously economically active had lost their jobs or income-generating activities. Movement restrictions including the Taliban’s requirement that women travel with a male chaperone or ‘mahram’, and market closures prevent women in the informal sector from selling products in markets, and those who continue to work often face harassment and abuse.
7. We fully echo the call of the Committee of Experts on the Application of Conventions and Recommendations to urgently remove bans, discriminatory practices, and unequal treatment based on sex that hinder girls' and women's access to education, vocational training, employment and occupation, and increase their exposure to sexual and gender-based violence. We share the Committee of Experts’ urgent requests to the de facto authorities in Afghanistan to provide information on measures taken and results in achieving equal participation of women in employment and education, including statistical data disaggregated by sex and occupation.
8. We also urge the de facto authorities in Afghanistan, in line with the Committee of Experts’ report, to undertake urgent actions required to ensure the implementation of specific measures to improve equal access to education at all levels, vocational training, and employment opportunities for persons with disabilities, with a particular focus on girls and women in both the private and public sectors. We note that girls and women with disabilities are often subject to multiple, aggravated, or intersecting forms of discrimination and disadvantages.
9. We are deeply concerned by the previously operating legal and justice systems becoming dysfunctional and the lack of a legal framework addressing discrimination in employment and occupation. Afghanistan must meet the obligations it committed itself to, by voluntarily and willingly ratifying international conventions and human rights treaties, including the ILO Convention No. 111. Therefore, it is essential to take all the steps required to explicitly define and prohibit discrimination based on at least all of the grounds listed in the Convention, including sex, and to ensure access to non-discriminatory formal justice mechanisms and effective remedies.

10. In support of and with respect to the interests of the Afghan people, especially women and girls, and in absence of a recognised Government, the EU has re-established a minimal presence in the country and continues to be a key donor in support of humanitarian and basic needs support to the Afghan people. We will continue to monitor the situation closely.

Thank you, Chair.

[*Albania, Bosnia and Herzegovina, the Republic of North Macedonia, Montenegro, and Serbia continue to be part of the Stabilisation and Association Process.]