Children in Afghanistan are subjected to the worst forms of child labor, including in commercial sexual exploitation, armed conflict, and forced labor in the production of bricks and carpets, each sometimes as a result of human trafficking. (1-3) Table 1 provides key indicators on children’s work and education in Afghanistan.

Source for primary completion rate: Data from 2018, published by UNESCO Institute for Statistics, 2021. (4)
Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 4 (MICS 4), 2010-2011. (5)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Boys across the country are subject to commercial sexual exploitation through the practice of bacha bazi, which typically entails keeping a male or transgendered child for the purpose of sexual gratification. Although bacha bazi is prohibited by the Trafficking in Persons Law, the Penal Code, and the Ministry of Defense Protection of Children in Armed Conflict Policy, a significant challenge remains in ensuring accountability. (51) Perpetrators of this crime include police commanders, military members, tribal leaders, warlords, members of organized crime groups, clergy, and other men, typically with some authority or financial influence, who conspire to make boys available for sex. (52,53) In some cases, these boys may also be forced to serve tea or dance at parties. (54,55) The practice is pervasive in the country, and orphans, runaways, school dropouts, and other marginalized youth are particularly at risk. (33,56,57) Some boys are sold into the practice by their families, and others are abducted from the street, including by police officers. (40,41,59) Members of the Afghan National Police (ANP), the Afghan Local Police (ALP), the Afghan National Army, the Afghan Border Police, and checkpoint commanders exploit boys for bacha bazi. Some victims serve tea and conduct errands for government officials, but these everyday tasks take place within the anthropological and underlying criminal context of bacha bazi, namely the regular sexual assault of minors—a categorical worst form of child labor that is insidiously and particularly prevalent in corridors of power and authority. (32,33,40,41,51,52,56,60-61)

In 2020, the use of boys for bacha bazi remained prevalent. (62,63) For example, at least 10 boys between the ages of 14 and 19 were alleged to have been sexually exploited while working as bodyguards or drivers for an Afghan National Defense and Security Force (ANDSF) commander in the central Highlands region. (64) In Kandahar, a 13-year-old boy was reportedly sexually assaulted as a bacha bazi crime by seven members of the ANP, resulting in the death of the child, and these officers were convicted of and sentenced for these crimes. (62,65) In Helmand province, a human rights organization received reports of the continued practice of bacha bazi by the members of the ANP. (62) During the reporting period, there was also a meaningful increase in the number of other allegations of the recruitment of children by ANDSF, ANP, and ALP (which was disbanded in September 2020) for not only use in armed conflict (as bodyguards, checkpoint guards, and drivers), but also for the purposes of bacha bazi. (64)

According to media and NGO reports, many of these cases went unreported or were referred to traditional mediation, which often allowed perpetrators to re-offend. Cases were further under-reported because the stigma associated with these crimes prevented the vast majority of child victims from bringing cases forward to law enforcement or seeking care, especially when the alleged perpetrators were members of the police force. (63)

In 2020, armed groups and Afghan Government-affiliated military entities recruited children for engagement in combat and security operations, including 172 by the Taliban, 5 by the ANP, 4 by the Afghan National-Army Territorial Force, and 8 jointly by the ALP and pro-government armed groups. (46,66) Low rates of birth registration and the falsification of identity documents contributed to the problem by making it difficult to determine a recruit’s age. (62,67,68) Observers reported that some officials accepted bribes to produce false identity documents that indicated that the recipient boys were older than age 18. (33,62) Even newly introduced biometrics efforts have not enabled Child Protection Units to entirely restrict children from enlisting in the police force. (62) Nevertheless, the Child Protection Units at ANP recruitment centers prevented the recruitment of at least 187 children. (3,69,70) Moreover, the Ministry of Defense prevented the recruitment of more than 5,000 children into the ANDSF throughout the country during the reporting period. (71)

Afghan children are victims of human trafficking both domestically and internationally. There were widespread reports of child laborers being subjected to sexual violence within Afghanistan. (10,11,14,26) In Afghanistan, children are also subjected to human trafficking to settle their family’s debt, sometimes as a result of their parents' drug addiction, by being forced to produce bricks or illicit drugs. (33,43,48) Some children migrate unaccompanied to engage in child labor. (67,72) Boys, especially those traveling unaccompanied, were particularly vulnerable to human trafficking, including for work in agriculture and construction. (60,67,73) Traffickers in Iran exploit Afghan children in forced labor as beggars and street vendors and in forced criminality, including drug trafficking and smuggling of fuel and tobacco. (33)

Some Afghan nationals living overseas subject Afghan boys to bacha bazi, for example, in Germany, Hungary, North Macedonia, and Serbia. (74) In addition, some Afghan boys were subjected to commercial sexual exploitation in Greece after paying high fees as they were trafficked into the country. (60,73,75) Although in these particular circumstances, bacha bazi takes places outside of Afghanistan, this sexual exploitation of children causes psychological harm to the Afghan migrant victims, making their re-entry back into Afghanistan upon deportation ever the more fraught with issues pertaining to the use of drugs as a coping mechanism, the stigma and ostracization in Afghan society, and ensuing discrimination. (76) Afghan girls are used for commercial sexual exploitation and domestic work in destination countries, primarily Iran and Pakistan. (24)

Girls from China, Iran, and Pakistan are sometimes trafficked to Afghanistan for the purpose of commercial sexual exploitation. (77)

UNICEF estimated that 3.7 million school-age children were out of school in the country, 60 percent of whom are girls, according to the latest available figures in 2019. (78) Barriers to education for children included displacement of populations due to conflict, the use of schools as military bases, attacks on schools, living long distances from schools, school-related fees, lack of security, lack of female teachers in girls' schools, and lack of identity documentation. (3,15,79-81)To mitigate the spread of COVID-19, the government closed schools from March to October 2020. (82) Research indicates that an increase occurred in the recruitment of children for use in armed conflict and child labor, especially in provinces where the level of child protection services were not necessarily adequate in addressing the full extent of the issue. (3,81)

Afghanistan has ratified all key international conventions concerning child labor (Table 3).

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Afghanistan’s legal framework to adequately protect children from the worst forms of child labor, including debt bondage and commercial sexual exploitation.

* No conscription (90)
‡ Age calculated based on available information (91)

The Afghan Labor Law’s minimum age provision prohibits those under age 18 from being “recruited as a worker.” (83) However, the law defines “worker” as a person who is “recruited based on a definite contract,” meaning that the minimum age provision does not apply to those in informal employment. Afghan law does not sufficiently criminalize forced labor or debt bondage. (83)

The Penal Code explicitly prohibits and sets penalties for the use of male or transgender children for bacha bazi and prohibits the use of girls for prostitution and pornographic performances. However, the legal framework does not adequately criminalize the use of children for the production of pornography. (85,87)

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.

During the reporting period, the Ministry of Labor and Social Affairs (MoLSA) established 10 new Child Protection Action Network (CPAN) units, totaling 212 active units. (3) With this increase, CPAN operates in 171 out of 325 districts. CPAN units held monthly meetings and worked on 3,500 cases. This caseload in 2020 represents an increase from 2019, when 2,700 cases were processed. (3) These units can respond to complaints of child labor, investigate cases, and issue warnings or refer criminal cases to the Attorney General’s Office. However, a person wishing to file a complaint must specify the precise legal statute for the labor violations in writing, making it cumbersome for some citizens to do so. (92,93) Research also indicates that limited training and resources hinder prompt government actions to complaints about child labor. (3)

Labor Law Enforcement

In 2020, labor law enforcement agencies in Afghanistan took actions to combat child labor (Table 6). However, gaps exist within the authority of MoLSA that may hinder adequate labor law enforcement, including penalty assessment authorization.

In 2020, the government did not report the number of labor inspectors; however, as of December 2018, MoLSA had 27 inspector positions, 21 of which were filled. (2,3,32) The number of labor inspectors is likely insufficient for the size of Afghanistan’s workforce, which includes more than 7.9 million workers. (95) According to the ILO’s technical advice of a ratio approaching 1 inspector for every 40,000 workers in less developed economies, Afghanistan would employ about 200 labor inspectors.(96-98) Government officials, NGOs, and UNICEF acknowledge that the number of labor inspectors is insufficient. (96) Moreover, sources indicate that labor inspections take place only in the capital, Kabul. (3)

There is no de jure prevention of inspections and unannounced inspections of private enterprises in Afghanistan. (94) However, in practice, reporting suggests that MoLSA has been more inclined to inspect public organizations. This leaves a gap of uninspected worksites in the private sector, as well as in the informal economy. (3,24,32,92,96) Many forms of child labor in Afghanistan occur in the informal sector. (10) In addition, government officials and other stakeholders stated that the government lacked resources, including training, for the enforcement of child labor laws. (32)

Criminal Law Enforcement

In 2020, criminal law enforcement agencies in Afghanistan took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including training for criminal investigators.

In response to the widespread sexual exploitation of children at schools in Logar province in 2019, 20 suspects were arrested and 9 individuals were convicted and sentenced in 2020, as announced by courts in Logar and Kabul. The sentences ranged between 5 and 22 years of imprisonment. (3) Among the indicted individuals, one was a headmaster at a school in Logar province. This indictment of a school headmaster represents the first time the government is holding a civilian government employee legally responsible for alleged crimes in the Logar incident. (71) These arrests and convictions are a departure from prior years of impunity for government officials involved in the criminal practice of bacha bazi. (62,71,101)

In addition, the Afghan judicial process has for the first time included anti-corruption measures in the indictment and prosecution of suspected perpetrators of bacha bazi. For example, Kandahar's governor sent seven members of the ANP—including an influential commander—to trial in Kabul, which purportedly has a less corrupt judicial process than Kandahar. (62,65) The seven members were suspected of sexually abusing a 13 year old boy in Kandahar; one of the seven was given the death penalty, and others were sentenced to lengthy prison terms on charges including rape, as well as bacha bazi (two of them receiving sentences of 30 years of imprisonment and the other four were sentenced to 24 years of imprisonment). (62,65,71)

Moreover, in Badakhshan and Kunduz, members of the Afghan National Army were prosecuted and convicted of bacha bazi, for which they received sentences of 18 months' imprisonment. (71) In the northern province of Takhar, four members of the Afghan Security Forces were arrested and jailed in July 2020 after being accused of raping two boys—a 13-year-old and a 14-year-old—in a battalion headquarters base. (101) This move to hold police commanders and Afghan Security Forces personnel accountable represents a shift in political attitude towards less tolerance of bacha bazi by those in authority. (101)

During the reporting period, the Ministry of Interior sought to bring perpetrators of bacha bazi within their own ranks to justice. These internal investigations resulted in 13 employees being charged with committing bacha bazi. (71)

To build capacity and increase awareness of bacha bazi, the National Directorate of Security carried out 89 seminars in 2020 on child protection, prevention of trafficking in persons, and bacha bazi. Trainings were also provided by the Ministry of Justice to about 300 prosecutors, judges, and attorneys pertaining to the penal code's coverage of bacha bazi cases. (71)

The Government of Afghanistan publicly established a protection mechanism in cooperation with 32 human rights organizations in Afghanistan to prevent harassment of human rights defenders at the start of the reporting period. This action was in response to the aftermath of the Logar incident, in which the whistleblowers—who were responsible for exposing the widespread sexual exploitation of children—were unjustly detained. (102)

Despite unprecedented meaningful progress in holding government officials responsible for bacha bazi crimes, victims of human trafficking were routinely prosecuted and convicted of crimes during the reporting period. (33,103,104) Male victims of child trafficking, especially those engaged in bacha bazi or armed conflict, were sometimes referred to juvenile detention or rehabilitation facilities on criminal charges, instead of appropriate victim support services. (3,33,47,106) The government arrested, detained, and prosecuted for terrorism-related crimes children younger than age 12 who had been forcibly recruited by non-state armed groups. Furthermore, authorities housed some child trafficking victims in juvenile detention centers, sometimes for several years. (81) Such children are considered criminals even after being transferred to rehabilitation centers. (33,59) The UN reported that some of these children were subjected to torture and ill treatment. (106,107)

Although information was unavailable for 2020, government officials had previously stated that they lacked equipment and transportation to carry out investigations. (108) In addition, security agencies and the Ministry of Justice did not have a reciprocal referral mechanism to ensure that child victims of human trafficking and other worst forms of child labor receive social services. (3,32)

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including efforts to address all forms of child labor.

The government has established policies related to child labor (Table 9). However, policy gaps exist that may hinder efforts to address child labor, including implementation.

† Policy was approved during the reporting period.

During the reporting period, the Government of Afghanistan took meaningful action to address the practice of bacha bazi by individuals beyond members of the national security forces, including government officials and employees affiliated with government agencies, through its National Action Plan. This led to the first ever indictment of a governmentally affiliated employee, a school headmaster, in Logar, as well as the indictment of employees working within the Ministry of Interior, all for bacha bazi crimes. (101)

In 2020, the government funded and participated in programs that include the goal of preventing child labor (Table 10). However, gaps exist in these social programs, including adequacy to address the problem in all sectors.

† Program is funded by the Government of Afghanistan.

During the reporting period, the government provided cash assistance to 1,500 families whose children were found to be working in brick kilns. Although these families were provided with approximately $55 (4,200 Afghan Afghani), it was not reported whether the children were removed from the situation of child labor. (3)

There is no evidence of programs designed specifically to prevent and eliminate child labor in all relevant sectors, such as in commercial sexual exploitation or the production of bricks.

Moreover, the government acknowledged the dearth of shelters and government resources for victims of human trafficking. At times, the government placed child trafficking victims in orphanages, and some orphanages subjected children to human trafficking. (33,81)

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Afghanistan (Table 11).

References on file