Afghanistan

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Afghanistan’s overall score is 55 out of 100. The overall score for Afghanistan is lower than the regionalaverage observed across South Asia (57). Within the South Asianregion, the highest score is observed for India (65).

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).

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

No

0

§49 of the Afghanistan Labour Code 2007; §2 of the Law on Social Organizations 2003

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

USDOS CRHRP 2021 (Afghanistan)

Does the law provide for the right to strike?

No

0

§2,3,4 & 22 of the Law on Assemblies, Strikes and Demonstrations, 2003

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

USDOS CRHRP 2021 (Afghanistan)

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §49 of the Afghanistan Labour Code 2007; §2 of the Law on Social Organizations 2003

A : National Law

National Labour Legislation

"Law on Social Organizations 2003 Article 2 Natural persons mentioned in paragraph 1 of this Article shall be Afghan citizens who have reached 18 years of age. (limited to Afghan citizens)."

Information

Source: USDOS CRHRP 2021 (Afghanistan)

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The pre-August 2021 government’s law provided for the right of workers to join and form independent unions and to conduct legal strikes and bargain collectively. The Taliban did not announce that these laws were rescinded, but their actions were not consistent with labor laws and regulations. The International Trade Union Confederation observed that there was no guarantee of rights due to the breakdown of the rule of law. ________________________ The pre-August 15 government’s law provides for the right of workers to join and form independent unions and to conduct legal strikes and bargain collectively, and the government generally respected these rights, although it lacked enforcement tools. The law, however, provided no definition of a union or its relationship with employers and members, nor did it establish a legal method for union registration or penalties for violations."

Information

Source: §2,3,4 & 22 of the Law on Assemblies, Strikes and Demonstrations, 2003

A : National Law

National Labour Legislation

"Article 2: The citizens of Afghanistan, in order to ensure their legal and peaceful goals which don’t contradict the national solidarity and the provisions of the Constitution, without carrying weapons and in accordance with this law, have th rights to organize gatherings, strikes and demonstrations. (Only Afghan citizens have the right to hold strikes) "

Information

Source: USDOS CRHRP 2021 (Afghanistan)

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

""The pre-August 2021 government’s law provided for the right of workers to join and form independent unions and to conduct legal strikes and bargain collectively. The Taliban did not announce that these laws were rescinded, but their actions were not consistent with labor laws and regulations. The International Trade Union Confederation observed that there was no guarantee of rights due to the breakdown of the rule of law. _____________________ The law did not prohibit antiunion discrimination or provide for reinstatement of workers fired for union activity. Other than protecting the right to participate in a union, the law provided no other legal protection for union workers or workers seeking to unionize.""