Strengthening Labor Law Governance
The project aims to prepare a new labor code that conforms with ILO conventions on international labor standards that can be submitted to the Government for passage into law. It also aims to improve the efficiency and effectiveness of the labor inspection system, increase knowledge among the social partners of the rights, obligations and services under national labor laws, and improved service delivery by MoLSAMD.
Afghanistan is a country which has been at war for over 30 years and which is still in the midst of fighting an insurgency. Terrorist violence is being compounded by a range of irregular and illegal activities such as wide scale corruption, trade in illegally exploited natural resources, arms trafficking and the narcotics trade. On the whole, governance and rule of law are severely undermined. As articulated in the Kabul Conference held on July 20, 2010, improvements in the area of rule of law and governance underpin social and economic development and build confidence of the Afghan people in their own future. This is integral to expanding employment opportunities, reintegrating displaced groups such as internally displaced persons and returnees and on the whole, ensuring a quicker return to normalcy. Further, the Human Resource Development Cluster, a coalition of five key ministries of the Government of Afghanistan including the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) have jointly defined national priorities to include skills-development and market-friendly labor regulation to maximize employment opportunities for all.
- Reviewing national labour laws and regulations in light of ILO standards and comparative law and identifying recommendations for reform in consultation with workers’ and employers’ organizations.
- Providing technical support to revise procedures for labor inspections and mediation and conciliation.
- Conducting an in-depth analysis of the organizational structure of the MoLSAMD; preparing an action plan for reforming the labor administration; and assisting the MoLSAMD in defining the strategy of the labour administration.
- The second versions of the draft amendments to the regulation for Labor Dispute Settlement have been reviewed by the International Labor Organization (ILO). The draft amendments were discussed with MoLSAMD and sent in to the Ministry of Justice (MoJ) processing.
- The second draft of the handbook on Islamic labor law principles and International Labor Standards has been completed.
- The draft amendments to the labor inspection regulation have been finalized and sent to MoJ for further processing