Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Turkménistan (Ratification: 2010)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 129 of the Penal Code of 2010 prohibits trafficking in persons for both sexual and labour exploitation, as well as the sale of a person. This section punishes the trafficking of a minor with a penalty of imprisonment of between eight and 15 years. In addition, section 34 of the Act on the guarantees of the rights of the child, 2002, provides that the State shall take all appropriate measures to prevent, inter alia, the sale or trafficking of children, for any purpose and in any form, while section 1 of the Act defines a child as a person under 18 years.

2. Forced or compulsory labour. The Committee notes that section 8(1) of the Labour Code of 2009 prohibits forced or compulsory labour, which is defined in section 8(2) as any work or service required by any person under the menace of any penalty and for which the said person has not offered himself voluntarily.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that article 41 of the Constitution sets out the military obligations of male citizens. In this regard, the Committee notes the Government’s statement that section 17 of the Act on military duty and military service provides that only male citizens between the ages of 18 and 27 years can be called up for military service. The Committee requests the Government to provide a copy of the Act on military duty and military service, with its next report.

4. Corrective labour. The Committee notes the Government’s statement in its report that, pursuant to sections 84 and 86 of the Criminal Code, minors who have committed criminal offences may be penalized with deprivation of liberty and corrective labour. The Government states that the corrective labour shall only be used in respect of minors over the age of 16 years, who are fit to work, and that this labour may take place for up to one year. In this regard, the Committee reminds the Government that, by virtue of Article 3(a) of the Convention, forced or compulsory labour is considered as one of the worst forms of child labour and that, by virtue of Article 1, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee requests the Government to take measures to ensure that children between 16 and 18 years of age are not engaged in compulsory work within the context of corrective labour, and to provide information on the steps taken in this regard. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of sections 84 and 86 of the Criminal Code relating to the imposition of a penalty of corrective labour on persons under 18.

Clause (b). Use, procuring, or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that section 139 of the Criminal Code prohibits prostitution, and this same act, if committed in respect of a minor, will result in imprisonment for a term of three to eight years. Section 142 of the Criminal Code also prohibits pimping, and punishes this offence with a prison term of between two and six years.

2. Pornography. The Committee notes that section 29 of the Act on the guarantees of the rights of the child states that the production and distribution of pornographic publications, films and other materials are prohibited in the country. Section 164 of the Criminal Code prohibits manufacturing or distributing pornographic publications. In addition, the Committee notes the Government’s statement that with regard to the prevention of child pornography, the directorate for fighting organized crime, within the Ministry of Internal Affairs, monitors the internet in order to identify citizens involved in criminal activity related to child pornography.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee notes that section 28(3) of the Act on the guarantees of the rights of the child states that the engagement of children in the production, circulation, distribution and use of narcotic drugs and psychotropic substances shall be considered as criminal in accordance with the legislation. Section 155 of the Criminal Code states that the involvement of a minor in the commission of crime by a person over 18 years of age shall be punished by imprisonment for a term not exceeding three years.

Clause (d) and Article 4(1). 1. Hazardous work and determination of hazardous work. The Committee notes that section 27(2) of the Act on the guarantees of the rights of the child prohibits the use of children in forms of labour that can be harmful to their health or can impede their physical, intellectual, moral or social development. Section 253(1) of the Labour Code prohibits the employment of persons under the age of 18 years in jobs which may be detrimental to their health and moral development: gambling-related jobs; the production, transport and trade of alcoholic drinks, tobacco products, or other narcotic or toxic substances; jobs with particular working conditions (harmful and heavy work); and jobs related to the carriage, transport, lifting and moving of heavy goods outside the standards set for workers under the age of 18 years. Section 253(2) of the Labour Code states that the list of types of work with special conditions prohibited to persons under the age of 18 years, as well as the limits for carrying and transporting heavy goods, will be determined by the Cabinet of Ministers. The Committee requests the Government to provide information on whether a list of types of work with special conditions prohibited to persons under the age of 18 years has been determined by the Cabinet of Minister, and if so, to provide a copy of the relevant legislation, with its next report.

2. Hazardous work in the cotton sector. The Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 2 June 2006, welcomed the fact that the President had issued a decree against child labour and specifically condemned the use of children for cotton harvesting, as well as the adoption of legislation which forbade sending schoolchildren to harvest cotton. Nonetheless, the CRC expressed concern that the phenomenon was still widespread and that child labour laws were not effectively enforced (CRC/C/TKM/CO/1, paragraph 63). The Committee also notes that the Human Rights Committee, in its concluding observations of 19 April 2012, expressed concern at reports of the use of children for cotton harvesting in the country (CCPR/C/TKM/CO/1, paragraph 20). The Committee requests the Government to take the necessary measures to ensure that children under 18 are not engaged in hazardous work in the cotton sector. It requests the Government to provide specific information on the steps taken in this regard, including measures to enforce the relevant legislation prohibiting children’s involvement in the cotton harvest.

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. The Committee notes the Government’s statement that the National Institute of State Statistics and Information undertook a survey of over 3,000 households in the country to examine the implementation of national legislation concerning young people at work. The Government states that this monitoring showed that the provisions of national law and international standards for the prevention of economic exploitation of children were respected. The Committee also notes the Government’s statement that the existing monitoring and surveillance mechanisms enable the effective implementation of the provisions of the Convention, and that because of this, there have been no cases of complaints filed before the competent authorities regarding the involvement of children in the worst forms of child labour. However, the Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 13 December 2011, expressed concern about the lack of information available concerning the extent of exploitation in prostitution and trafficking of women and girls (E/C.12/TKM/CO/1, paragraph 17). The Committee requests the Government to take the necessary measures to ensure that sufficient up-to-date data on the prevalence of the worst forms of child labour in the country is made available, particularly with regard to child trafficking and child commercial sexual exploitation. It requests the Government to provide this information in its next report, as well as any additional available information on the nature, extent and trends of the worst forms of child labour.

Article 6. Programmes of action. The Committee notes the Government’s statement that work is currently under way to draft a national plan of action for children. The Committee requests the Government to provide information on the measures taken or envisaged, within the framework of this national plan of action for children, to combat the worst forms of child labour. It requests the Government to provide information on the results achieved, once implemented.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that, pursuant to section 4 of the Education Act, citizens of Turkmenistan are guaranteed the right to education. In this regard, the Government indicates in its report that the State guarantees accessible and free general education, and that all children have the right to be educated in line with national education standards. Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue to provide information on the measures taken to facilitate access to free basic education for all children. It also requests the Government to provide, in its next report, information on the school enrolment, attendance and drop-out rates. To the extent possible, all information provided should be disaggregated by sex and by age.

Clause (b). Providing direct assistance for the removal of children from the worst forms of child labour, as well as for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee notes that section 14 of the Law on combating trafficking in persons provides specific guidance on the assistance to be provided to child victims of trafficking, and that sections 11 and 12 provide that specialized institutions shall be established to provide protection and assistance to victims of trafficking. The Government indicates in its report that these specialized institutions have not yet been established. The Committee also notes that the CESCR, in its concluding observations of 13 December 2011, expressed concern regarding reports that the Government had not taken sufficient trafficking prevention initiatives as well as measures to support victims of trafficking in persons, including medical, social and legal assistance (E/C.12/TKM/CO/1, paragraph 17). The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 29 October 2012, expressed concern regarding the lack of efforts to prevent the exploitation of prostitution and to address its root causes, and the lack of protection and services available to victims of exploitation (CEDAW/C/TKM/CO/3-4, paragraph 24). The Committee encourages the Government to strengthen its efforts to prevent children from being victims of trafficking in persons and commercial sexual exploitation, and to provide such victims with appropriate rehabilitative and social re-integration services. The Committee requests the Government to provide information on the measures taken in this regard, including the establishment of specialized institutions to provide protection and assistance to victims of trafficking, as well as the number of persons under 18 benefiting from these services.