Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Forced Labour Convention, 1930 (No. 29) - Turkmenistan (Ratification: 1997)

Other comments on C029

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee took note of the Law on Combating Trafficking in Persons, 2007, which sets forth basic concepts and establishes the policy framework to combat trafficking in persons. The Committee also noted section 1291 of the Criminal Code which criminalizes trafficking in persons for both sexual and labour exploitation and establishes penalties ranging from four to 25 years of imprisonment. The Committee notes that a National Plan to Combat Trafficking for 2016–18 has been drafted, but still needs to be finalized and adopted by the Government. The Committee takes note of the awareness raising and training activities on trafficking prevention and assistance to victims implemented by the International Organization for Migration (IOM) and the Organization for Security and Cooperation in Europe (OSCE). The Committee requests the Government to provide information on the application in practice of section 1291 of the Criminal Code and of the Law on Combating Trafficking in Persons, including on any investigations carried out and any legal proceedings instituted, supplying sample copies of the relevant court decisions. The Committee also requests the Government to provide information on the adoption and implementation of the 2016–18 National Plan to Combat Trafficking.

Articles 1(1) and 2(1). 1. Participation in festive events. The Committee notes that, in its 2015 concluding observations, the United Nations Committee on the Rights of the Child (CRC) expressed concern at the continued practice of mass mobilization of school children and students for various festive events, such as events to welcome the President on his visits and time-consuming rehearsals for that purpose, and recommended that the Government end the practice of mass mobilization of school children and students for festive events (CRC/C/TKM/CO/2-4). The Committee requests the Government to indicate how it is ensured, both in law and in practice, that children and students express voluntarily their consent to participate in festive events, without the menace of any penalty.

2. Freedom of civil servants to leave their service. The Committee notes the Government’s indication that section 20 of the Civil Service Act provides that service of civil servants may be terminated on the grounds and under the rules specified by the national legislation. The Committee further notes the Government’s statement that, pursuant to section 20 of the Senior Government Official and Public Office Holder (Selection) Act, a public office holder can leave the service by submitting a letter of voluntary resignation. Noting this information, the Committee requests the Government to enumerate the grounds for termination of service of civil servants provided for in the national legislation.

3. Freedom of career military personnel to leave their service. The Committee notes the Government’s statement that voluntary military service members, who are career military personnel, are eligible for early discharge in the following situations: gross and systematic breaches by superiors of national legislation on rights and privileges of military service members; family reasons; in connection with election to the Parliament or with an appointment to a position made by the President; based on the findings of a personnel review board; after 20 or 25 years of service for women and men, respectively; as well as due to enrolment in a higher military training establishment. Noting this information, the Committee requests the Government to indicate whether military officers and other career members of the armed forces have the right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length, in cases others than those enumerated above, specifying the applicable provisions.

Article 2(2)(a). Compulsory military service. In its previous comments, the Committee noted that section 8(1) of the Labour Code excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It also noted that, under article 41 of the Constitution, military service is compulsory for all male citizens. The Committee notes the Government’s statement that, pursuant to the Military Duty and Service Act, conscripts may not be given orders and instructions, or be required to perform tasks that are unrelated to military service or would break the law. The Committee notes however that, in the framework of the Universal Periodic Review on Turkmenistan, several stakeholders referred to the use of military conscripts to provide forced labour in the civilian economy which remained endemic (A/HRC/WG.6/16/TKM/3). The Committee requests the Government to indicate which safeguards exist, both in the Military Duty and Service Act and in practice, which ensure that services exacted under compulsory military service laws are used only for purely military ends, specifying the works or services which are considered in practice as “related to military service”.

Article 2(2)(b) and (e). Normal civic obligations and minor communal services. The Committee previously noted that, under sections 8(2) and (7) of the Labour Code, the term “forced labour” does not include any work or service which is part of the normal civic obligations of citizens or which is exacted as minor communal services in the direct interest of the community. Noting that the Government’s report does not contain information in this respect, the Committee once again requests the Government to specify the types of work or services which may be exacted as normal civic obligations of citizens, including information on consultation with the local community or its representatives regarding the need for such work or services. Please also provide information regarding the possibility of refusal by the persons concerned to perform such work or services, including information on any sanctions applied in case of refusal.

Article 2(2)(c). Prison Labour. Following its previous comments, the Committee notes that, as a result of the adoption of a new Code of Administrative Offences on 29 August 2013, corrective labour has been excluded from the list of administrative penalties but remains a criminal penalty under section 44(e) of the Criminal Code (section 41 of the Code of Administrative Offence). It notes that correctional labour could be performed at the workplace of the convicted person or “at places within the convict’s district of residence” (section 50 of the Criminal Code). The Committee further notes the Government’s indication that, under sections 33 to 39 of the Penal Enforcement Code, persons convicted to corrective labour can work in “enterprises, institutions and organizations” in their area of residence and may not refuse the work offered to them in such areas, regardless of whether this work matches their skills. The Government adds that such persons may be asked to resign from their previous workplace. Referring to its previous comments concerning the provisions governing the work of persons serving a sentence of imprisonment, the Committee notes the Government’s general indication that, pursuant to section 76 of the Penal Enforcement Code, every convicted person is to work in the place and job specified by the administration of the penal institution. The Government adds that convicted persons are generally engaged in facilities belonging to the penal institutions but, in some cases, can be engaged in state-owned enterprises or other enterprises, regardless of their form and ownership.

While noting the Government’s indication that corrective labour is supervised by state authorities, the Committee recalls that compulsory work or service exacted from any person as a consequence of a conviction in a court of law is compatible with the Convention only if two cumulative conditions are met, namely: that the said work is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. The Committee points out that work by prisoners for private companies may be compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned accept such work by giving their formal, free and informed consent, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. The Committee requests the Government to provide information on the application in practice of section 50 of the Criminal Code and sections 33 to 39 and 76 of the Penal Enforcement Code, specifying the existing safeguards to ensure that any work or service undertaken by persons serving a sentence of corrective labour or imprisonment, for private sector enterprises, institutions and organizations is carried out with their free, formal and informed consent, and in conditions approximating a free labour relationship.

Article 2(2)(d) Cases of emergency. The Committee previously noted the Government’s statement that, in the vital interests of the country, workers might be recruited for work in emergency situations, such work being excluded from the prohibition of forced labour under section 8(4) of the Labour Code. The Committee further noted that, according to section 5 of the Law Concerning Preparation for and Carrying out of Mobilization in Turkmenistan (1998), the President of Turkmenistan has the authority to decide on the general direction of the work to be done in preparing for and carrying out mobilization. Under section 11 of the same Law, citizens have the obligation to report to military commissariats when called up during a period of mobilization and in wartime, and may be required to carry out work for the defence and security of the State or duly enrolled in special units.

The Committee notes the Government’s statement that the State Emergency Act, the Emergency Prevention and Response Act and the Law Concerning Preparation for and Carrying out of Mobilization in Turkmenistan, clearly lays out the circumstances in which a decision to mobilize or institute a state of emergency may be taken. Such decision must indicate the reasons for this decision and the period and geographical area in which it is applicable. While noting this information, the Committee requests the Government to specify which guarantees are provided to ensure that the power to call up labour during a case of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Application of effective penal sanctions. Noting the Government’s indication that neither the judicial authorities nor rights defence bodies have received any complaint alleging the exaction of forced labour in the country, the Committee requests the Government to provide information on the measures taken to ensure that victims of forced labour are actually able to assert their rights and have access to appropriate mechanisms and protection.

Communication of texts. The Committee notes the Government’s information that the adoption of new laws and regulations has entailed the revision of existing legislation and that legislative reform is still under way. While noting that the Government ratified the Convention in 1997, the Committee notes with regret that the Government did not supply copies of the national legislation previously requested by the Committee. It draws the Government’s attention to the importance of providing a copy of its relevant national legislation, so as to enable the Committee to effectively assess the application of the present Convention in Turkmenistan. The Committee therefore once again requests the Government to supply copies of the following legislation: Civil Service Act of 12 June 1997; Emergency Prevention and Response Act of 15 September 1998; Law Concerning Preparation for and Carrying out of Mobilization in Turkmenistan of 10 December 1998; Military Service Members and their Families (Status and Social Protection) Act of 15 August 2009; Military Duty and Service Act of 25 September 2010; as well as the State of Emergency Act of 22 June 2013.