Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 29) sur le travail forcé, 1930 - Turkménistan (Ratification: 1997)

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.