Afghanistan
The ITUC affiliate in Afghanistan is the National Union of Afghanistan Workers and Employees (NUAWE).
Afghanistan has not ratified either Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) or Convention No. 98 on the Right to Organise and Collective Bargaining (1949).
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is recognized by law but strictly regulated.
Anti-Union discrimination
The law does not specifically protect workers from anti-union discrimination.
Barriers to the establishment of organisations
- ’Prior authorisation or approval by authorities required for the establishment of a union’
- Pursuant to section 6 of the Law on Social Organisations, the Ministry of Justice has a right to reject an application for recognition of a trade union
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Domestic workers
- Workers engaged in domestic work or workers in the informal economy, cannot exercise their right to freedom of association, as the Labour Code does not cover them.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is not protected in law.
Right to strike
Right to strike
The right to strike is recognised by law but strictly regulated.
Other restrictions
- Other restrictions
- Pursuant to article 2 of the Law on Gatherings, Strikes and Demonstrations (2003), only citizens of Afghanistan have the right to hold gatherings, strikes, and demonstrations.
In practice
The Justice Ministry of Afghanistan issued a second ban on the trade union congress for the National Union of Afghanistan Workers and Employees (NUAWE), due to be held on 5 September 2020. An earlier attempt by the organisation to hold its congress in February also met with a government ban.
The government reneged on its pledge to unblock the organization’s bank account and has systematically interfered in the congress preparations which were underway. It has also refused to return confiscated properties belonging to the union centre until a congress has been held. It has further failed to implement its promise to the ILO Committee on Freedom of Association to cease interfering in NUAWE’s affairs.
After an ITUC mission to Afghanistan on the 4-6 of March 2019 to investigate violations of trade union rights against ITUC affiliate NUAWE, the ITUC was forced to contact the government with several ongoing concerns.
These concerns were due to a lack of commitment shown by the Ministry of Labour to redress violations of trade union rights following the seizure of NUAWE properties and a raid on its headquarters in May 2018.
As of the time of writing, NUAWE’s licence was renewed only temporarily in 2018 to allow the union to attend the international Labour Conference and hold its congress. The re-opening of the NUAWE bank account was similarly temporary. Since this time, the accounts have remained frozen, making it impossible for the union to hold its 2020 congress.
Furthermore, NUAWE’s offices remained confiscated, with the union forced to use a floor of the Labour Ministry building for office work. The government of Afghanistan still prevents NUAWE from organising its Congress according to its constitution and statutes and insists that the Congress be held under the control of a commission established by the Ministry of Justice.
In addition, on 29 December 2019, the Ministry of Justice arbitrarily and without any official authority fired NUAWE’s elected executive board and congressional committee. In all effects, the unions is now prevented from carrying out any activities. The government’s interference in NUAWE’s affairs and activities is a blatant and grave violation of ILO Conventions 87 and 98.