Section 6. Discrimination and Societal Abuses
HIV and AIDS Social Stigma
There were no confirmed reports of discrimination or violence against persons with HIV or AIDS, but there was reportedly serious societal stigma against persons with AIDS. While the law allows for the distribution of condoms, the pre-August 15 government restricted distribution to married couples.
Section 7. Worker Rights
d. Discrimination with Respect to Employment and Occupation
The 2004 constitution prohibits discrimination and notes that citizens, both “man and woman,” have equal rights and duties before the law. It expressly prohibits discrimination based on language. The constitution contains no specific provisions addressing discrimination based on race, religion, national origin, color, sex, ethnicity, disability, or age. The law prescribes a term of imprisonment of not more than two years for anyone convicted of spreading discrimination or factionalism, which was commensurate with laws related to civil rights, such as election interference. A 2018 law criminalizes physical, verbal, and nonverbal harassment, punishable with a fine, but the law remained largely ineffective due to underreporting.
Under the pre-August 15 government, women faced discrimination and hardship in the workplace. Women made up only 22 percent of the workforce. Many women faced pressure from relatives to stay at home and encountered hiring practices that favored men. Older and married women reported it was more difficult for them than for younger, single women to find jobs. Women who worked reported they encountered insults, sexual harassment, lack of transportation, and an absence of day-care facilities. Gender-based violence escalated with targeted killings of high-profile women in the public sector. Salary discrimination existed in the private sector. Men earned 30 percent more on average in the same occupations as women and 3.5 times more in agriculture and forestry, where women occupied two-thirds of the workforce. Female journalists, social workers, LGBTQI+ persons, and police officers reported they were often threatened or abused. Persons with disabilities also suffered from discrimination in hiring.
The pre-August 15 government’s Ministries of Labor and Public Health jointly adopted a regulation listing 244 physically arduous and harmful occupations prohibited to women and children, of which 31 are identified as the worst forms of child labor that are prohibited to children younger than 18. Under the regulation, it is not permissible for women and children to engage in types of work that are physically arduous, harmful to health, or carried out in underground sites, such as in the mining sector.
In September the Taliban-appointed “Kabul mayor” instructed the city’s female staff (amounting to approximately one-third of Kabul’s 3,000 municipal employees) to stay at home, with the exception of women whose jobs could not be replaced by men. Taliban leaders stated they would implement their version of sharia, prohibiting women from working alongside men, but gave no indication when female employees would be able to return to work. A similar Taliban ruling kept public universities from opening in September, as they were not configured to meet the Taliban’s gender-segregation standards, which effectively barred women from obtaining a secondary education, disenfranchising them from professional employment.
In October, media reported Taliban representatives stated women would continue to work at police stations and in passport offices. The Taliban further stated they were trying to provide working conditions for women in the sectors where they were needed, according to Islamic law. Taliban representatives also stated women were banned from most employment while saying women could keep their jobs only if they were in a role a man could not fill. In a December 16 interview, Taliban spokesperson Zabihullah Mujahid claimed no women had been fired from public-sector jobs and that they continued to receive salaries at home.
As of December the UN OCHA mapped the agreements between aid agencies and the Taliban in each of the country’s 34 provinces, showing where female staff members would be permitted to work. The document, reviewed by HRW, indicated that, as of October 28, Taliban representatives in only three provinces had provided a written agreement unconditionally permitting women aid workers to do their jobs. Ethnic Hazaras, Sikhs, and Hindus faced discrimination in hiring and work assignments, in addition to broader social discrimination (see section 6, Systemic Racial or Ethnic Violence and Discrimination).
e. Acceptable Conditions of Work
Wage and Hour Laws: The law for the pre-August 15 government established a minimum wage of 6,000 afghanis ($78) per month for permanent (unlimited duration, paid leave) government employees and 5,500 afghanis ($71) per month for workers in the nonpermanent private sector (fixed-term contracts, temporary agency work and casual or seasonal work). The country did not have minimum wage rules for permanent workers in the private sector. In 2020 the Ministry of Economy established a poverty line of two dollars per day. The afghani devalued from 77 afghanis per U.S. dollar to more than 105 afghanis per U.S. dollar from June to year’s end, putting all minimum wage earners below the poverty line.
The law for the pre-August 15 government defined the standard workweek for both public- and private-sector employees as 40 hours: eight hours per day with one hour for lunch and noon prayers. The government regulated night and overtime work. Night work (between 8 p.m. and 7 a.m.) qualified production workers for a 25 percent increase in wages; service and administrative workers earned a 15 percent increase. Overtime work earned employees a 25 percent increase in wages for the hours worked, 50 percent if those hours were during a public holiday. The law provides workers with the right to receive wages, annual vacation time in addition to national holidays, compensation for on-the-job injuries, overtime pay, health insurance for the employee and immediate family members, and other incidental allowances. The law prohibits compulsory work without establishing penalties and stipulates that overtime work be subject to the agreement of the employee. The law requires employers to provide day care and nurseries for children.
The Ministry of Labor, in cooperation with the Ministry of the Interior, was responsible for enforcement of wage and hour laws. The Ministry of Labor was responsible for conducting inspections and responding to complaints; the Interior Ministry would enforce the law with fines and prison sentences. In 2020 the government did not report the number of labor inspectors; however, as of December 2018 the Labor Ministry had 27 inspector positions, 21 of which were filled. The number of labor inspectors was insufficient for the size of the country’s workforce, which included more than 7.9 million workers. According to the International Labor Organization’s technical advice of a ratio approaching one inspector for every 40,000 workers in less developed economies, the country should employ more than 200 labor inspectors. Government officials and NGOs acknowledged the number of labor inspectors was insufficient to enforce compliance. Officials within the Ministry of Labor indicated that labor inspections took place only in Kabul. Ministry inspectors had the authority to make unannounced inspections but could not initiate sanctions or assess penalties themselves. The Labor Ministry would pass findings to the Interior Ministry, whose prosecutors would decide how and whether to prosecute. No data were available on Labor Ministry funding or the number of inspections conducted during the year.
The pre-August 15 government did not effectively enforce minimum wage and overtime laws. Neither the Ministry of Labor nor the Ministry of Interior made data available on penalties assessed for violation of labor laws, making comparisons with similar crimes (fraud) impossible. Media reporting suggested the Labor Ministry had focused its inspections on public organizations, ignoring worksites in the private sector as well as in the informal economy. International NGOs and Afghan media reported that violations of wage, hour, and overtime laws were especially prominent in the brickmaking and carpet-making sectors.
Occupational Safety and Health: The country has no occupational safety and health (OSH) regulations or officially adopted standards. There were no government inspectorates to investigate unsafe conditions or respond to workers’ complaints. Workers could not remove themselves from health-endangering situations without risking their employment.
The law provides for reduced standard workweeks for children ages 15 to 17, pregnant women, nursing mothers, miners, and workers in other occupations that presented health risks. Inspectors for compliance for reduced hours for at-risk employees were the same as those responsible for wage enforcement. The pre-August 15 government did not effectively enforce wage, workweek, or OSH laws. The number of labor inspectors was not sufficient to enforce compliance, and inspectors have no legal authority to impose penalties for violations. Resources, inspections, and remediation were inadequate, and penalties for violations were nonexistent.
With no formal OSH laws in place, the government did not track sector-specific deaths and injuries. Media reports suggested that workers in the construction, metalworking, and mining industries were especially vulnerable to death or injury, because adherence to OSH principles was not compulsory.
Informal Sector: Even before August 15, employers often chose not to comply with the pre-August 15 government labor requirements and often preferred to hire workers informally. Most employees worked longer than 40 hours per week, were frequently underpaid, and worked in poor conditions, particularly in the informal sector. In October the UN secretary-general noted 80 percent of the country’s economy was informal, with women dominating the informal economy. Workers in the informal sector were covered by minimum wage and workweek-hour laws, but informal workers were generally unaware of the full extent of their labor rights.
The pre-August 15 government did not provide additional social protections for workers in the informal economy. The Labor Ministry, however, was responsible for the operation of Child Protection Action Network (CPAN) units, a coalition of government agencies, NGOs, and community and religious leaders designed to combat child labor which occurred primarily in the informal sector. CPAN units received complaints of child labor, investigated, and referred cases to NGO and government shelters that provided social services. CPAN operated in 171 districts and processed more than 3,500 cases in 2020. No data were available on cases during the year or whether CPAN would continue under the Taliban.