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

CMNT_TITLE

Previous comment

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee takes note of the Government’s indication in its report regarding the implementation of the National Action Plan (NAP) on Combating Trafficking in Persons (NAP) for 2020–22, developed with the assistance of the United Nations International Organization for Migration (IOM). The Committee notes that the NAP for 2020–22 covers different measures as regards (i) coordination, monitoring and evaluation of activities on combatting trafficking in persons; (ii) improvement of the regulatory framework; (iii) strengthening capacity-building of relevant specialists; (iv) prevention by raising awareness and reducing vulnerability; (v) assistance and support through timely identification of victims and their rehabilitation and reintegration; vi) investigation and prosecution; and vii) international cooperation. The Government further indicates that various seminars and workshops on combatting trafficking in persons have been carried out. In 2022, a compendium of the national legal instruments on trafficking in persons was prepared and published, in collaboration with the IOM. The Government also indicates the 2022 amendments to section 128 “Trafficking in persons” of the Criminal Code, which introduced additional aggravating circumstances, such as committing trafficking in persons offences by a representative of authority through the use of official powers, or with the seizure, concealment or destruction of victims’ identity documents. The Committee requests the Government to provide information on any monitoring and evaluation of the results achieved in the implementation of the NAP for 2020–22 and the difficulties encountered. It further requests the Government to provide data on the number of victims of trafficking who have been identified and the nature of the assistance services provided to them. Lastly, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties imposed under section 128 of the Criminal Code.

Articles 1(1) and 2(1). Freedom of career military personnel to leave their service. The Government indicates that, to date, there have been no cases of refusal of requests from military officials for early discharge from service due to personal circumstances. The Committee requests the Government to continue to provide information on the number of applications to resign submitted by military officials, the number of refusals and the grounds for refusal.

Article 2(2)(c). Work of prisoners for private enterprises and sentence of corrective labour. The Committee welcomes the Government’s indication concerning the drafting of a Bill amending section 8 of the Labour Code to ensure that convicted persons who are required to perform work by court decision may not be assigned to or placed at the disposal of private individuals, companies or associations. The Government further indicates that section 8 of the Labour Code will be supplemented by a legislative provision stipulating that a convicted person, with his/her informed and voluntary consent, may work in private entities, on a proposal of the employment service. The Committee hopes that the Bill amending section 8 of the Labour Code will be adopted in the near future to ensure that convicts, sentenced to corrective labour or imprisonment, give their free, formal, and informed consent before working for the benefit of private enterprises.

CMNT_TITLE

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the specific measures taken within the National Action Plan (NAP) to Combat Human Trafficking 2016–18 and on the application in practice of section 129 of the Criminal Code and the Law on Combating Trafficking in Persons, 2007.

The Committee notes the Government’s indication in its report that the revision of the Law on Combating Trafficking in Persons in 2016 has marked significant progress towards the goal of establishing the necessary legislative and administrative system to effectively prevent trafficking in persons and protect victims of trafficking. It has strengthened the basic elements of combating trafficking in persons linked to the standards on the identification of victims, status as a victim and the rights of victims to protection and support. The Government also indicates that section 129 of the Criminal Code has been amended in 2017 to criminalize offences related to trafficking in persons, including trafficking irrespective of the victim’s consent or under threat, coercion, deception, abuse of trust or the vulnerable position of the victim. It also notes the Government’s indication that from 2018 to 2019 no cases under section 129 were launched or investigated by the General Prosecutor’s office or examined by the Turkmen courts.

The Committee further notes the detailed information provided by the Government on the measures taken and implemented to combat trafficking in persons under NAP 2016–18, including: (i) the development of draft standard operating procedures and training for law enforcement officials and other competent bodies for identifying victims of trafficking; (ii) the development of training programmes for instructors and trainers on the multi-disciplinary and multi-sectoral approach to investigation, prosecution and court proceedings for cases of trafficking in persons; (iii) the development of a text book, in coordination with the International Organization for Migration (IOM), which contains a study plan for the training and professional development of law enforcement officials on methods to prevent, investigate and solve crimes linked to trafficking in persons; (iv) the carrying out of public awareness-raising and educating programmes on the dangers of trafficking in persons and related phenomena; (v) the publication of booklets and leaflets on human rights, the rights of migrants and victims of trafficking; and (vi) the development of a draft procedure for repatriation of victims of trafficking and their access to social rehabilitation. It also notes the Government’s indication that within the NAP activities, overall 75 instructors and trainers have completed training programmes. Moreover, five training sessions on a multi-sectoral approach to the investigation, prosecution and court proceedings of cases of trafficking in persons were attended by judges, lawyers and representatives of other law enforcement bodies, and 14 seminars and meetings and 11 study seminars with the participation of international experts and trainers and support from the IOM were conducted for law enforcement officers and judges. In addition, the IOM supports the work of two telephone hotlines that contribute to boosting public awareness of trafficking in persons through telephone consultations. The Committee further notes that a draft NAP for Combating Human Trafficking 2019–22 has been developed and presented for discussions to the Inter-Agency Commission on Compliance with the International Human Rights and International Humanitarian Law Obligations of Turkmenistan. The Committee takes due note of the measures taken by the Government to prevent and combat trafficking in persons. The Committee expresses the hope that the Government will take the necessary measures to adopt and implement the NAP on Combating Human Trafficking 2019–22 in the near future. It requests the Government to continue providing information on the measures taken and implemented within this NAP and on the results achieved. It also requests the Government to continue to provide information on the application of section 129(1) of the Criminal Code and of the Law on Combating Trafficking in Persons in practice, particularly the number of investigations, prosecutions and convictions.

Articles 1(1) and 2(1). 1. Participation in festive events. The Committee previously requested the Government to take the necessary measures, both in law and in practice, to ensure that children and students are not forcibly mobilized for participation in festive or similar events, whether within or outside school hours.

The Committee notes the Government’s information that educational activities in educational institutions are undertaken in accordance with the school curriculum and programmes and that students are not enlisted in any mass events during the school term period. Moreover, students take part in festive events as part of music, dance or other artistic performances that do not infringe any of their rights. The Government further reiterates that no corrective measures or punishment are applied to citizens who refuse to participate in festive events.

2. Freedom of civil servants to leave their service. The Committee previously noted the Government’s information that, according to section 43 of the Public Service Act of March 2016, the grounds for terminating public service include, among others, voluntary resignation. It also noted that according to section 28 of the Internal Affairs Bodies Act of 2011, internal affairs officials could terminate their service at their own request. The Government further indicated that a public servant may be released from their position following a decision by the appropriate public body or official. The Committee requested the Government to provide information on the manner in which applications for resignation by civil servants or request for termination of service by internal affairs officials are generally treated.

The Committee notes the information provided by the Government on the procedures following a request for termination of service by an official. It notes the Government’s indication that according to section 2 of the Public Service Act, matters linked to civil service that are not regulated by this Act shall be covered by labour laws or other legislations of Turkmenistan. Accordingly, section 42 of the Labour Code states that civil servants choose to terminate their employment contracts by giving their employer two weeks’ written notice. By agreement of the parties, the employment contract may be terminated before expiration of the notice period of separation. Once the notice period is expired, civil servants are entitled to stop work while their employer is obliged to return to them their record of employment and settle their payments.

Furthermore, the provisions under section 28 of the Internal Affairs Bodies Act entail that internal affairs officials may be separated from service at their own request or for other reasons. Thus on receipt by the personnel department of the Ministry of Internal Affairs of a request for termination of service from an internal affairs official, an inspector from the personnel department clarifies the reason for such a request as well as the official’s period of service and age. The official may be invited to discuss in case of any questions to be clarified and if the official wishes to continue in service, he/she may be offered other positions. The order of separation shall be published only when the official gives his/her final statement refusing to continue service. These procedures take less than ten days in total.

3. Freedom of career military personnel to leave their service. In its previous comments, the Committee noted the Government’s reference to various grounds for career military personnel to leave their service such as: gross and systematic breaches by superiors of national legislation on rights and privileges of military service members; family reasons; in connection with election to 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. The Committee requested 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 other than those enumerated above, specifying the applicable provisions.

The Committee notes the Government’s information that the separation procedure for members of the armed forces with military service is regulated by the Military Duty and Service Act of 2010 and the Provisions for Career Members Serving in the Military approved by the Decision of the President of 6 July 2011. Accordingly, career members of the armed forces have the right to early separation from service for family reasons, on submitting a statement on the reasons for separation to the commanding officer of the unit. The Committee requests the Government to indicate the procedures following the submission of a request of resignation by career military personnel as well as to indicate whether such a request can be refused, and, if so, what could constitute grounds for such refusal.

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 by virtue of compulsory military service laws. It noted 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. However, the Committee noted 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 requested the Government to indicate the safeguards that exist, both in the Military Duty and Service Act and in practice, to ensure that services exacted under compulsory military service laws are used only for purely military ends, specifying the works or services that are considered in practice as “related to military service”.

The Committee notes the Government’s information that according to section 11 of the Status of Military Personnel Act of 2017, members of the armed forces are not permitted to combine military service with work at any enterprise, establishments or organizations, with the exception of engagement in scientific, teaching or creative activities that do not hinder the performance of military duties.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted the Government’s information that the State guarantees any work or service by those serving a sentence of corrective labour in an undertaking, institution or organization, regardless of their form of ownership, carried out with free, formal or informal consent, and under conditions resembling free labour relations. It requested the Government to provide information on how the free and informed consent for work or service undertaken by persons serving a sentence of corrective labour or imprisonment, for private sector enterprises, institutions or organizations is formally obtained in practice.

In this regard, the Committee notes the Government’s reference to sections 33 and 34 of the Criminal Penalties Enforcement Code regulating the procedure and conditions of serving a sentence in the form of corrective labour. These provisions stipulates that the body responsible for the enforcement of the sentence, where necessary, refers the convicts to the employment service to find work and that convicts without a job are obliged to find one themselves or register with the employment service in their place of residence. If jobs and vacant positions are available at enterprises, the person registered at the employment service shall be given the appropriate job referral, including to private enterprises. The Government also indicates that persons sentenced to corrective labour are not permitted to refuse a job proposed to them by the employment service. The Committee also notes the Government’s information that the practice in recent years demonstrates that in most cases, the convicts find work themselves and deductions from their earnings are made in favour of the State in the amount established by court sentence.

The Government further refers to the provisions under the Employment Act which guarantees the right to access information at the employment service, free of charge, on available jobs and positions, and the working conditions and rules at the enterprise as well as section 36 of the Criminal Penalties Enforcement Code that regulates the duties of the administration at enterprises where convicts are performing corrective labour. The Committee notes that the Government does not provide any information on the question raised by the Committee. In this regard, the Committee, referring to its 2012 General Survey on the fundamental Conventions concerning rights at work, recalls that work by prisoners for private enterprises can be compatible with the Convention where the necessary safeguards exist to ensure that the prisoners concerned offer themselves voluntarily, by giving their free and informed consent and without being subjected to pressure or the menace of any penalty, by giving their formal, free and informed consent to work for private enterprises (paragraph 279). The Committee therefore once again requests the Government to indicate the measures taken or envisaged to ensure that persons serving a sentence of corrective labour or imprisonment, for private sector enterprises, institutions or organizations, do so with their free and informed consent, including for those specific work assigned to them by the employment service or job referral.

CMNT_TITLE

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Following its previous comments, the Committee notes the Government’s indication in its report that according to the information from the Office of the Prosecutor General, four cases in 2015 and two cases in the first four months of 2016 were brought under section 129(1) of the Criminal Code for crimes related to trafficking of persons committed by Turkmen citizens outside the country. However, the Government report does not provide any information on the penalties applied in these cases. The Committee also notes the Government’s information that the National Action Plan (NAP) to Combat Human Trafficking, 2016–18 was adopted in March 2016. This NAP provides for the development of cooperation between government departments, including law enforcement bodies, local government authorities, public associations and international organizations working to combat trafficking in persons, including preventing and protecting victims of trafficking, and prosecuting criminal cases. The Government further indicates that the Interdepartmental Commission to Ensure Fulfilment of Turkmenistan’s International Obligations as to Human Rights and International Humanitarian Law is responsible for coordinating the implementation of the measures laid down in the NAP. The Committee requests the Government to provide detailed information on the specific measures taken, within the framework of the NAP to Combat Human Trafficking, to prevent and combat trafficking in persons and to protect victims of trafficking and the results achieved. It also requests the Government to continue to provide information on the application of section 129(1) of the Criminal Code and of the Law on Combating Trafficking in Persons in practice, particularly the number of investigations, prosecutions and convictions.

Articles 1(1) and 2(1). 1. Participation in festive events. In its previous comments, the Committee noted that, in its concluding observations of 2015, 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.

The Committee notes the Government’s indication that pursuant to section 40 of the Education Act of 2013, students following an educational programme shall not be involved in any mass events, including festive events, during school hours. According to section 40(11) of the Education Act, forcing students to join the community, public political associations, movements and parties, as well as their forced engagement in activities and participation in the campaign and political actions are not permitted. The Government further indicates that no sanctions or punishment shall be imposed against students for refusing to participate in public holiday events. The Committee notes, however, from the report of the ILO Technical Advisory Mission that took place in Ashgabat from 26 to 29 September 2016, that the mass mobilization of children and students for their participation in various festivities and celebrations, often under difficult circumstances that suggested standing for long hours without access to water or toilets, was brought to the Mission’s attention by certain stakeholders. The report also indicated that this regular mobilization of students, some of whom were very young, apart from being hazardous, also meant that they could not attend school during these periods. The Committee requests the Government to take the necessary measures, both in law and in practice, to ensure that children and students are not forcibly mobilized for participation in festive or similar events, whether within or outside school hours. It requests the Government to provide information on the measures taken in this regard.

2. Freedom of civil servants to leave their service. The Committee previously noted 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. It requested the Government to enumerate the grounds for termination of service of civil servants provided for in the national legislation.

The Committee notes the Government’s information that, according to section 43 of the Public Service Act of March 2016, the grounds for terminating public service include, among others, voluntary resignation. It also notes the Government’s information that according to section 28 of the Internal Affairs Bodies Act of 2011, internal affairs officials can terminate their service at their own request. The Government further indicates that a public servant may be released from their position following a decision by the appropriate public body or official. The Committee requests the Government to provide information on the manner in which applications for resignation by civil servants or request for termination of service by internal affairs officials are generally treated, including the number of such applications or requests received, number of resignations accepted or refused, time taken to process such applications and, where appropriate, reasons for refusal.

3. Freedom of career military personnel to leave their service. In its previous comments, the Committee noted the Government’s reference to various grounds for career military personnel to leave their service such as: gross and systematic breaches by superiors of national legislation on rights and privileges of military service members; family reasons; in connection with election to 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.

The Committee notes that, in its report, the Government provides information on the grounds for termination from compulsory military service and does not provide any information on the issues raised in its previous comments. The Committee therefore, once again, 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 other 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 by virtue of compulsory military service laws. It noted 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. However, the Committee noted 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 once again notes the Government’s reference to the above statement contained in the Military Duty and Service Act and states that commanders giving such orders or instructions are liable to prosecution. The Committee once again requests the Government to indicate what safeguards exist, both in the Military Duty and Service Act and in practice, to 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. The Committee requested the Government to specify the types of work or services which may be exacted as normal civic obligations of citizens.

The Committee notes the Government’s information that according to section 145 of the Labour Code workers may be engaged in social civic duties during their working hours without losing their job or wages. These duties include: appearance, on a call, before any investigative bodies, prosecutor or court, as an eye-witness, victim, expert, or translator; or taking part in court hearings as lay judges, representatives of public or labour organizations; participating in the work of local authority commissions and medical and social expert commissions of the Ministry of Health; as well as being a member of a voluntary fire brigade responding to a fire or acting in the interests of society, managing the aftermath of an emergency or natural disaster, saving someone’s life or other similar circumstances.

Article 2(2)(c). Prison labour. Following its previous comments, the Committee notes the Government’s information that the State guarantees any work or service by those serving a sentence of corrective labour in an undertaking, institution or organization, regardless of their form of ownership, carried out with free, formal or informal consent, and under conditions resembling free labour relations. In this regard, the Government refers to the following provisions under the national legislation: section 48 of the Criminal Code of 1997, as amended, which states that those sentenced to correctional labour can carry out that punishment in undertakings, organizations and institutions, irrespective of their form of ownership or engage in entrepreneurial activities as long as their sentence does not forbid such work; section 33 of the Criminal Penalties Enforcement Code of 2011 (Code of 2011) which states that the corrective labour may be performed at the offender’s workplace or in other places designated by the body responsible for enforcing sentences (the Government indicates that offenders who are sentenced to corrective labour in other places may be asked to resign from their place of employment and they are to find their own work or to contact employment services); sections 34 and 36 which prescribe the right of an offender serving a correctional sentence at an undertaking or organization to annual leave as well as the duties of the administration of such undertaking, respectively. The Government further indicates that the internal affairs authority keeps records of offenders and monitors the fulfilment by the administration of the undertaking or institution where an offender is working of the requirements specified in the court’s ruling. The Committee requests the Government to provide information on how the free and informed consent for work or service undertaken by persons serving a sentence of corrective labour or imprisonment, for private sector enterprises, institutions or organizations is formally obtained in practice.

Article 2(2)(d). Cases of emergency. Following its previous comments, the Committee notes the Government’s information that under the State of Emergency Act of 2013, the institution of a state of emergency is a temporary measure used only to ensure the safety of citizens, safeguard national historical and cultural heritage from destruction, or to protect the State’s constitutional order. The Government indicates that a decision to institute a state of emergency should indicate the reasons for that decision, and the period and the geographical area in which it is applicable. The Government further adds that it is an offence to employ citizens in such work when no such decision is applicable.

CMNT_TITLE

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.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Communication of texts. The Committee requests the Government to supply, with its next report, copies of the following legislation: Law on Compulsory Military Service; Criminal Procedure Code; Code of Administrative Offences, 1984; Law on the Legal Regime Governing Emergencies, of 23 August 1990; Law on the Prevention and Liquidation of Emergency Situations, 1998; Law on Preparation for and Carrying out Mobilization in Turkmenistan, of 10 December 1998; as well as a copy of the new Criminal Code, 2010.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of civil servants to leave their service. Please indicate any provisions governing the right of civil servants to leave the service, at their own request, as well as the procedure for their resignation.

2. Freedom of career military personnel to leave their service. Please indicate any provisions applicable to military officers and other career members of the armed forces, as regards their 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.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes the provisions 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 notes section 129 of the new Penal Code, 2010, which punishes with penalties of imprisonment trafficking for the purpose of sexual and labour exploitation. The Committee requests the Government to provide information on the implementation of the Law on Combating Trafficking in Persons in practice. Please also provide information on any legal proceedings instituted under section 129 of the new Criminal Code, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

Article 2(2)(a). Compulsory military service. The Committee notes that section 8(1) of the Labour Code, 2009, excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It also notes that, under article 41 of the Constitution, military service is compulsory for all male citizens. The Committee requests the Government to indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends.

Article 2(2)(b) and (e). Normal civic obligations and minor communal services. The Committee notes that, under sections 8(2) and 8(7) of the Labour Code, 2009, 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. Please 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. The Committee notes that, by virtue of section 8(5) of the Labour Code, 2009, the term “forced labour” does not include any work or service required as a consequence of a conviction in a court of law. It also notes, from the Government’s report, that section 44(e) of the Criminal Code, 1997, provided for a penalty of corrective labour, which could be imposed for a period from two months to two years and could be performed, according to the court decision, at the workplace of the convicted person, or “at places within the convict’s district of residence” (section 50). Please indicate whether the new Criminal Code of 2010 contains similar provisions. In the affirmative, please indicate whether corrective labour shall be performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies and associations. Please also supply copies of provisions governing the work of persons serving a sentence of imprisonment.

The Committee notes that, according to section 8(6) of the Labour Code, 2009, the term “forced labour” does not include any work or service performed as a penalty for breach of administrative law. It also notes the Government’s indication in the report that, under section 23 of the Code of Administrative Offences, certain administrative penalties, including corrective labour, may be imposed by a municipal court or judge for administrative offences. According to section 30 of the same law corrective labour shall be performed at the regular workplace of the offender, for a period from 15 days to two months, and up to 20 per cent of the offender’s earnings shall be withheld by the Government. The Committee requests the Government to provide, in its next report, information on the application of the above provisions of the Code of Administrative Offences in practice, indicating, in particular, whether corrective labour is performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies and associations.

Article 2(2)(d). 1. Cases of emergency. The Committee notes the Government’s statement in the report that, in the vital interests of the country, workers might be recruited for work in emergency situations. It also notes that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8(4) of the Labour Code, 2009. The Committee further notes from the Government’s report that, according to section 5 of the Law Concerning Preparation for and Carrying out of Mobilization in Turkmenistan, of 10 December 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, for the purpose of determining their liability for military service. The Government further indicates in its report that during a period of mobilization and in wartime, citizens are required to carry out work for the defence and security of the State, and are therefore enrolled in special units in the prescribed manner. The Committee asks the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state 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.

2. Mobilization and use of labour for purposes of economic development. The Committee notes from the Government’s first report on the application of the Abolition of Forced Labour Convention, 1957 (No. 105) that, according to section 7 of the Law on the Legal Regime Governing Emergencies, of 23 August 1990, in order to mobilize labour for the needs of economic development and to prevent emergencies, state and government authorities may recruit citizens to work at enterprises, institutions and organizations, and also to prevent or eliminate the effects of emergencies and ensure safety at work. The Committee recalls that the concept of emergency, as indicated by the enumeration of examples in Article 2(2)(d) of the Convention, involves a sudden, unforeseen, happening calling for instant countermeasures. The notion of “needs of economic development”, referred to in the above provision, does not seem to satisfy these criteria and is thus incompatible both with Article 2(2)(d) of the present Convention and with Article 1(b) of Convention No. 105, which prohibits the use of forced or compulsory labour “as a method of mobilizing and using labour for purposes of economic development”. The Committee therefore hopes that the necessary measures will be taken in order to limit the above provision to a strict minimum allowed by the Convention, so that recourse to compulsory labour under emergency situations does not develop into mobilization for purposes of economic development, and that the legislation will be brought into conformity both with the present Convention and Convention No. 105. The Committee requests the Government to provide, in its next report, information on the action taken in this regard.

CMNT_TITLE

The Committee takes due note of the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide, in its next report, additional information on the following points:

Communication of texts. The Committee requests the Government to supply, with its next report, copies of the following legislation: Law on Compulsory Military Service; Criminal Procedure Code; Law on the Execution of Sentences; Code of Administrative Offences, 1984; Law on the Legal Regime Governing Emergencies, of 23 August 1990; Law on the Prevention and Liquidation of Emergency Situations, 1998; Law on Preparation for and Carrying out Mobilization in Turkmenistan, of 10 December 1998; as well as a copy of the new Criminal Code, 2010.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of civil servants to leave their service. Please indicate any provisions governing the right of civil servants to leave the service, at their own request, as well as the procedure for their resignation.

2. Freedom of career military personnel to leave their service. Please indicate any provisions applicable to military officers and other career members of the armed forces, as regards their 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.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes the provisions 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 notes section 129 of the new Penal Code, 2010, which punishes with penalties of imprisonment trafficking for the purpose of sexual and labour exploitation. The Committee requests the Government to provide information on the implementation of the Law on Combating Trafficking in Persons in practice. Please also provide information on any legal proceedings instituted under section 129 of the new Criminal Code, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

Article 2(2)(a). Compulsory military service. The Committee notes that section 8(1) of the Labour Code, 2009 excludes from the prohibition of forced labour any work exacted in virtue of compulsory military service laws. It also notes that, under article 41 of the Constitution, military service is compulsory for all male citizens. The Committee requests the Government to indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends.

Article 2(2)(b) and (e). Normal civic obligations and minor communal services. The Committee notes that, under sections 8(2) and 8(7) of the Labour Code, 2009, 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. Please 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. The Committee notes that, by virtue of section 8(5) of the Labour Code, 2009, the term “forced labour” does not include any work or service required as a consequence of a conviction in a court of law. It also notes, from the Government’s report, that section 44(e) of the Criminal Code, 1997, provided for a penalty of corrective labour, which could be imposed for a period from two months to two years and could be performed, according to the court decision, at the work place of the convicted person, or “at places within the convict’s district of residence” (section 50). Please indicate whether the new Criminal Code of 2010 contains similar provisions. In the affirmative, please indicate whether corrective labour shall be performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies and associations. Please also supply copies of provisions governing the work of persons serving a sentence of imprisonment.

The Committee notes that, according to section 8(6) of the Labour Code, 2009, the term “forced labour” does not include any work or service performed as a penalty for breach of administrative law. It also notes the Government’s indication in the report that, under section 23 of the Code of Administrative Offences, certain administrative penalties, including corrective labour, may be imposed by a municipal court or judge for administrative offences. According to section 30 of the same law corrective labour shall be performed at the regular workplace of the offender, for a period from fifteen days to two months, and up to 20 per cent of the offender’s earnings shall be withheld by the Government. The Committee requests the Government to provide, in its next report, information on the application of the above provisions of the Code of Administrative Offences in practice, indicating, in particular, whether corrective labour is performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies and associations.

Article 2(2)(d). 1. Cases of emergency. The Committee notes the Government’s statement in the report that, in the vital interests of the country, workers might be recruited for work in emergency situations. It also notes that any work exacted in cases of emergency is excluded from the prohibition of forced labour under section 8(4) of the Labour Code, 2009. The Committee further notes from the Government’s report that, according to section 5 of the Law Concerning Preparation for and Carrying out of Mobilization in Turkmenistan, of 10 December 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, for the purpose of determining their liability for military service. The Government further indicates in its report that during a period of mobilization and in wartime, citizens are required to carry out work for the defence and security of the State, and are therefore enrolled in special units in the prescribed manner. The Committee asks the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during a state 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.

2. Mobilization and use of labour for purposes of economic development. The Committee notes from the Government’s first report on the application of the Abolition of Forced Labour Convention, 1957 (No. 105) that, according to section 7 of the Law on the Legal Regime Governing Emergencies, of 23 August 1990, in order to mobilize labour for the needs of economic development and to prevent emergencies, state and government authorities may recruit citizens to work at enterprises, institutions and organizations, and also to prevent or eliminate the effects of emergencies and ensure safety at work. The Committee recalls that the concept of emergency, as indicated by the enumeration of examples in Article 2(2)(d) of the Convention, involves a sudden, unforeseen, happening calling for instant countermeasures. The notion of “needs of economic development”, referred to in the above provision, does not seem to satisfy these criteria and is thus incompatible both with Article 2(2)(d) of the present Convention and with Article 1(b) of Convention No. 105, which prohibits the use of forced or compulsory labour “as a method of mobilizing and using labour for purposes of economic development”. The Committee therefore hopes that the necessary measures will be taken in order to limit the above provision to a strict minimum allowed by the Convention, so that recourse to compulsory labour under emergency situations does not develop into mobilization for purposes of economic development, and that the legislation will be brought into conformity both with the present Convention and Convention No. 105. The Committee requests the Government to provide, in its next report, information on the action taken in this regard.