Children in Afghanistan engage in the worst forms of child labor, including in armed conflict and forced labor in the production of bricks and carpets, each sometimes the result of human trafficking. (1-5) 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, 2020. (6)
Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 4 (MICS 4), 2010-2011. (7)

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 illegal, it is defended by some as a cultural practice. The perpetrators 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. (50,51) In some cases, these boys may also be forced to serve tea or dance at parties. (52,53) According to the Afghanistan Independent Human Rights Commission (AIHRC), the practice exists in all provinces of the country. (4,54,55) Orphans, runaways, school dropouts, and other marginalized youth are particularly at risk. Some boys are often sold into the practice by their families, while others are abducted from the street, including by police officers. (44,45,55) Members of the Afghan National Police, the Afghan Local Police, the Afghan National Army, and the Afghan Border Police, especially checkpoint commanders, exploit boys for bacha bazi. (57) Some victims are boys who work for government officials as tea servers or errand boys, but are also subjected to rape or other forms of sexual assault. (4,36,44,45,47,50,54-56) NGOs reported that Afghan security forces and pro-government militias—some of whom may have received direct financial support from the government—recruited boys specifically for use in bacha bazi. (4)

Minors complained that some teachers and principals pressured them to perform commercial sex acts to pass exams; physical evidence to support such claims, including audio and video recordings, came to light during the reporting period. (4) 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. Some child victims also reported authorities forced them to have sex in exchange for pursuing their cases, or raped them and sent them to detention centers when they tried to report their abusers. (57)

In November 2019, media outlets reported at least 165 cases of the sexual abuse of boys at 3 schools by teachers, school managers, and local authorities in Logar Province. (42,52,53,58) Numerous videos of these sexual assaults were posted on social media. (42) Some boys were banished by their families, while families of other boys fled the region. (42,52) Two human rights activists who had researched the Logar abuse and made some of their findings public were taken into custody by the National Directorate of Security and released only after making video statements under duress in which they stated that their investigation and reporting had been incomplete and incorrect. (52,53,59,60) The activists subsequently received death threats and fled Afghanistan. (61)

Afghan children are victims of human trafficking both domestically and internationally. Some Afghan nationals overseas have subjected Afghan boys to bacha bazi in, for example, Germany, Hungary, North Macedonia, and Serbia. (62) Furthermore, Afghan boys are used for forced labor in agriculture and construction abroad, and girls are used for commercial sexual exploitation and domestic work in destination countries, primarily Iran and Pakistan. (4) In Afghanistan, children were 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 and illicit drugs. (2,4,37) Many Afghan girls are subjected to forced marriage in exchange for money for their families. (63) In addition, traffickers in Iran exploit Afghan children in forced labor as beggars and street vendors and forced criminality, including drug trafficking and smuggling of fuel and tobacco. (4) There were widespread reports of child laborers being subjected to sexual violence within Afghanistan. (12,13,16,30) Girls from Iran, Pakistan, and China were subject of human trafficking to Afghanistan for the purpose of commercial sexual exploitation. (63)

Widespread violence and lack of economic opportunities lead some Afghan children to leave Afghanistan. (64,68) Some children went to Iran specifically to engage in child labor. (69,70) According to the UN, some Afghan refugee children in Iran engaged in child labor and did not attend school. (27) The Iranian government and the Islamic Revolutionary Guards Corps continued to coerce Afghan children as young as age 12 to fight in Iranian-led and -funded Shia militias deployed to Syria by threatening them with arrest and deportation to Afghanistan. (4) Boys, especially those traveling unaccompanied, were particularly vulnerable to human trafficking. (47,70,71) Some Afghan boys were subjected to commercial sexual exploitation in Greece after paying high fees to be smuggled into the country. (4,47,71)

Armed groups and Afghan police recruited children for engagement in combat and security operations, including 58 by the Taliban, 3 by the Afghan National Police, and 1 each by the Afghan Local Police and a pro-government militia. (38) Low rates of birth registration and the falsification of identity documents contribute to the problem by making it difficult to determine a recruit's age. (70,72) Observers reported that some officials accepted bribes to produce false identity documents that indicated the recipient boys were older than age 18. (47) Nevertheless, the Child Protection Units at Afghan National Police recruitment centers reportedly prevented the recruitment of 439 children in 2019. (73)

In 2019, approximately 505,000 undocumented Afghans returned or were deported to Afghanistan: 485,000 from Iran and just under 20,000 from Pakistan. (74) Many returnees and deportees were unaccompanied minors. (4) Some deportee children are subject to sexual and physical violence or forced labor while in deportation process camps, particularly in Iran. (37,75) Many unaccompanied minor returnees faced similar problems. (76,77) An indeterminate number of children also returned from Europe, including those whose asylum applications had been rejected. (78-80) Such children are vulnerable to recruitment by armed groups and traffickers. These children have difficulties enrolling in school because they lack the necessary identity documents. (4,15,36,79) In 2018, 66 per cent of undocumented returnee children did not attend school. Many of them were particularly vulnerable to child labor, including debt bondage in brick factories. (27,48,81-84) Some individuals who facilitate repatriation take returnees to brick factories and keep them in debt bondage to repay their transportation costs. (50) International organizations noted that traffickers specifically targeted these returnees for forced labor upon return to Afghanistan. (4)

Afghanistan suffered both drought and flooding, causing the internal displacement of approximately 296,000 individuals in 2019. (85,86) An additional 436,000 individuals were newly internally displaced persons (IDPs) due to the armed conflict. (85) Many of these IDPs were food insecure and resorted to child labor or selling children as a way of settling debt. (36,86-89) Child labor is particularly prevalent among urban IDPs, and these children are vulnerable to recruitment by armed groups. (17,36)

In 2019, UNICEF estimated that 3.7 million school-age children were out of school in the country, 60 percent of whom are girls. (90) 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, and lack of identity documentation. (17,91-93) Girls faced additional barriers to education including parents unwilling to allow them to attend school, lack of hygiene facilities, shortage of female teachers, and sexual harassment on the way to and from school. (15,91,93) In addition, schools do not provide sufficient services to children with disabilities and some nomad, or kuchi, children did not attend school because they traveled to tend livestock. (27)

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.

* No conscription (101)
‡ Age calculated based on available information (102)

The Afghan Labour Law's minimum age provision prohibits those under age 18, 15 for "light work," from being "recruited as a worker." 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.

Although the Penal Code explicitly prohibits and sets penalties for the use of male or transgender children for bacha bazi, Afghan law does not prohibit the use of girls for prostitution and pornographic performances. (27,96) Additionally, the legal framework does not adequately criminalize the use of children for the production of pornography. (96,98)

A Law on Protection of Child Rights was adopted and entered into force in 2019. The law reiterates some of the existing protections for children, such as the minimum age for hazardous work and protection of children from being exploited in begging. (103)

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the authority of the Ministry of Labor and Social Affairs (MoLSA) that may hinder adequate enforcement of their child labor laws.

Labor Law Enforcement

In 2019, 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.

The Child Protection Action Network, of which MoLSA is a component, can respond to complaints of child labor, investigate cases, and issue warnings or refer criminal cases to the Attorney General's Office (AGO). However, a person wishing to file a complaint must specify the legal statutes for labor violations in writing, making it unlikely that citizens would be able to do so. (104,107)

In 2019, 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. (5,36) The number of labor inspectors is likely insufficient for the size of Afghanistan's workforce, which includes more than 7.9 million workers. (108) 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. (105,109,110) Government officials, NGOs, and UNICEF acknowledge that the number of labor inspectors is insufficient. (105) Moreover, sources indicate that labor inspections take place only in the capital, Kabul. (5)

Business owners are not required to allow unannounced inspections. (105) Based on available information, MoLSA inspects only public organizations, such as government ministries, that are registered with MoLSA, but not private businesses or worksites within the informal sector. (27,36,104) Many forms of child labor, however, occur in the informal sector. (12) Government officials and other stakeholders stated that the government lacked resources, including training, for enforcement of child labor laws. (36)

Criminal Law Enforcement

In 2019, 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 allegations in November 2019 of widespread sexual exploitation of children at schools in Logar Province, the Attorney General's Office (AGO) sent an investigative committee to Logar; the probe was ongoing at the end of 2019. By the end of the reporting period, two suspects had been referred to the court. (73) However, the government did not prosecute any government officials for bacha bazi crimes, despite the fact that police and other officials were heavily implicated in the practice. (4,36,47,51,55,75,113) Observers noted that perpetrators of bacha bazi often paid bribes to law enforcement, prosecutors, or judges who protected them from prosecution. (4) The AIHRC, Parliament, the Ministry of Education, and the Logar provincial government also conducted fact-finding missions in response to the allegations. (24) The AIHRC received nine videos of sexual abuse, although many more had already been shared with the media. (24,53,58) Shortly after, the AIHRC issued a summary report stating that the sexual abuse was not limited to schools, but was also occurring in work places of child laborers, particularly at brick kilns and in garment workshops. (113) AGO investigators did not publicly state any nexus between the sexual assaults on high school boys in Logar and Logar educators, despite reports of heavy involvement. However, the AIHRC in its summary report on Logar pointed to "some school officials and teachers" involved in the abuse. (24,61,73,113)

Moreover, victims of human trafficking were routinely prosecuted and convicted of crimes. (75,114) 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 to appropriate victim support services. (4,38,47,115,116) The government arrested, detained, and prosecuted for terrorism-related crimes some children younger than age 12 who had been forcibly recruited by non-state armed groups. NGOs reported that authorities housed some child trafficking victims in juvenile detention centers, sometimes for several years. (4) Such children are considered criminals even after being transferred to rehabilitation centers. (55) The UN reported that some of these children were subjected to torture and ill treatment. (116,117)

Although information was unavailable for 2019, government officials had previously stated that they lacked equipment and transportation to carry out investigations. (118) Based on available information, 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. (36) However, during the reporting period, the Ministry of Interior conducted four training sessions with a major focus on human trafficking for 590 law enforcement officials, and an international NGO conducted trainings in which Ministry of Interior officials participated. (111)

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.

* Mechanism to coordinate efforts to address child labor was created during the reporting period.

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.

In 2019, 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.

In 2019, the Ministry of Public Health conducted approximately 1,300 meetings, workshops, and awareness raising campaigns for about 55,000 local and provincial government officials. Similarly, the Ministry of Hajj and Religious Affairs distributed pamphlets on human trafficking to about 54,000 individuals during Friday sermons in areas not controlled by the Taliban. (111)

There is no evidence of programs designed specifically to prevent and eliminate child labor in all relevant sectors, such as agriculture 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. (4) Some boys who are victims of human trafficking were arrested, and some were sent to juvenile rehabilitation centers due to the lack of shelters. (50,130)

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

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34. Akhgar, Tamim. Afghan Children Celebrate Children Day through Hard Labor. Azadi Radio, June 1, 2016.
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72. U.S. Embassy Kabul official. E-mail communication to USDOL official. June 16, 2017.

73. U.S. Embassy Kabul official. E-mail communication to USDOL official. June 22, 2020.

74. IOM. Return of Undocumented Afghans: Weekly Situation Report: 29 December 2019–4 January 2020. 2020.
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75. U.S. Embassy- Kabul. Reporting. March 17, 2019.

76. Afghanistan Independent Human Rights Commission. The Human Rights Situation of Returnee and Deportee Women and Children. October 7, 2018.
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77. Salehi, Nasir. Probe Into Iranian Police Accused Of Mistreating Afghans. December 19, 2018.
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78. European Council on Refugees and Exiles. No Reason for Returns to Afghanistan. February 2019.
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79. Save the Children. From Europe to Afghanistan. October 16, 2018.
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80. Wiklander, Julia. Sweden Deports Victims of Child Marriage and Torture to Afghanistan. March 19, 2019.
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81. The Associated Press. Afghan children returning from Pakistan risk early marriage, child labour. Dawn, December 14, 2016.
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82. Ul-Haq, Mahfooz. Afghanistan's Modern Day Slave Labourers. Institute for War and Peace Reporting, January 24, 2017.
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83. Save the Children. Thousands of Children Face Early Marriage and Child Labour as Education Crisis Takes Hold among Afghan Children Repatriated from Pakistan. December 14, 2016.
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84. IOM and UNHCR. Returns to Afghanistan 2018. June 24, 2019.
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85. UNHCR. Monthly Operational Update. December 2019.
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86. UN Office for the Coordination of Humanitarian Affairs. Humanitarian Needs Overview: Afghanistan. December 2019.
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87. International Federation of Red Cross and Red Crescent Societies. Emergency Plan of Action: Afghanistan - Drought 2018. November 1, 2018.
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88. UNICEF. Geneva Palais briefing note on the situation of children in Afghanistan. November 27, 2018.
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89. Saber, Shapoor and Frud Bezhan. This Afghan Man Sold His 5-Month-Old Daughter To Survive: 'Did I Have A Choice? You Tell Me.' And He's Not Alone. December 9, 2018.
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90. UNICEF. Afghanistan sees three-fold increase in attacks on schools in one year. May 27, 2019.
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91. UNICEF. Half of Afghan children out of school, due to conflict, poverty, discrimination. June 2, 2018.
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92. Bouckaert, Peter. Schools Under Siege: How Afghan Classrooms Became Bunkers. Foreign Affairs, May 30, 2016.
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93. Human Rights Watch. "Education on the Front Lines" Military Use of Schools in Afghanistan's Baghlan Province. August 17, 2016.
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94. Government of Afghanistan. Labour Law. Enacted: February 4, 2007.
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95. Afghanistan Chamber of Commerce and Industries. MOLSAMD Announces List of Prohibited Jobs for Child Labors. February 9, 2014.
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96. Government of Afghanistan. Penal Code, Official Gazette No. 1260. Enacted: 2017. Source on file.

97. Government of Afghanistan. Law to Combat Trafficking in Persons and Smuggling of Migrants. Enacted: 2016. Source on file.

98. Government of Afghanistan. Law on Elimination of Violence Against Women. Enacted: 2009. Source on file.

99. Government of Afghanistan. Counter Narcotics Law. Enacted: December 17, 2005.
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100. Government of Afghanistan. Education Law. Enacted: July 1, 2008. Source on file.

101. Government of Afghanistan. Presidential Decree No. 97. Enacted: December 25, 2003. Source on file.

102. U.S. Embassy- Kabul. Reporting. February 8, 2015.

103. Government of Afghanistan. Law on Protection of Child Rights. Official Gazette Number 1334. March 11, 2019. Source on file.

104. U.S. Embassy Kabul Official E-mail communication to USDOL official. July 10, 2019.

105. U.S. Embassy- Kabul. Reporting. January 31, 2016.

106. U.S. Embassy- Kabul official. E-mail communication to USDOL official. June 4, 2018.

107. U.S. Department of State official. E-mail communication to USDOL official. February 23, 2016.

108. CIA. The World Factbook. Accessed January 19, 2018. Please see "Labor Law enforcement: Sources and Definitions" in the Reference Materials section of this report.
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109. ILO. Strategies and Practice for Labour Inspection. Geneva: Committee on Employment and Social Policy, November 2006: GB.297/ESP/3. Please see "Labor Law enforcement: Sources and Definitions" in the Reference Materials section of this report.
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110. UN. World Economic Situation and Prospects 2017 Statistical Annex. New York: 2017. Please see "Labor Law Enforcement: Sources and Definitions" in the Reference Materials section of this report.
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111. U.S. Embassy- Kabul. Reporting. November 13, 2019.

112. UN. Reporting. 2019.

113. U.S. Department of State. Communication. March 13, 2020.

114. U.S. Department of State. Trafficking in Persons Report- 2017: Afghanistan. Washington, DC: June 27, 2017.
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115. UN. Reporting. 2017.

116. UNAMA. Treatment of Conflict Related Detainees in Afghanistan: Preventing Torture and Ill-treatment under the Anti-Torture Law. April 17, 2019.
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117. UN Assistance Mission in Afghanistan. Treatment of Conflict-Related Detainees: Implementation of Afghanistan's National Plan on the Elimination of Torture. April 2017.
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118. U.S. Embassy- Kabul. Reporting. January 18, 2017.

119. UNICEF. Incredibly … Child rights take centre stage in Afghanistan. May 6, 2019.
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120. U.S. Embassy- Kabul. Reporting. December 9, 2019.

121. Ministry of Labour & Social Affairs Martyrs and Disabled. National Labor Policy. 2012. Source on file.

122. Government of Afghanistan. Action Plan regarding Children associated with National Security Forces in Afghanistan. March 30, 2011. Source on file.

123. Ministry of Labor & Social Affairs Martyrs and Disabled. Policy on Child Labor in Carpet Weaving. 2016. Source on file.

124. Ministry of Labour & Social Affairs Martyrs and Disabled. National Strategy for Children 'at-risk': A better Future for Afghanistan's vulnerable children and their families. November 2004.
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125. Ministry of Defense. Policy for Protection of Children in Armed Conflict. October 2017. Source on file.

126. UNAMA. Protection of Civilians in Armed Conflict - Annual Report 2019. February 22, 2020.
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127. U.S. Department of State. Country Reports on Human Rights Practices- 2019: Afghanistan. 2020.
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128. Kumar, Ruchi. Afghanistan is trying to save its child bombers. August 29, 2018.
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129. Birtley, Tony. Afghanistan is trying to save its child soldiers. Al Jazeera. October 10, 2018.
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130. Chopra, Anuj. Stolen boys: Life after sexual slavery in Afghanistan. Agence France-Presse, June 26, 2017.
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