Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Abolition of Forced Labour Convention, 1957 (No. 105) - Türkiye (Ratification: 1961)

The Committee notes the information provided by the Government in reply to its earlier comments, including copies of legislative texts and court decisions. It also notes the comment made by the Turkish Confederation of Employers’ Associations (TİSK) on the application of the Convention.

Article 1(a) of the Convention. Political coercion and punishment for holding or expressing views opposed to the established system. The Committee notes the information provided by the Government as regards the application in practice of sections 215-218 of the Penal Code. It also notes the adoption of Law No. 5759 of 30 April 2008, which has amended section 301 of the Penal Code that provides for penal sanctions for insulting or vilifying, inter alia, “Turkism” and various state authorities. The Committee notes, in particular, the amendment of paragraph 4 of section 301, according to which the expression of ideas in the form of criticism shall not be punished. While noting this amendment, the Committee asks the Government to supply information about the application of section 301 of the Penal Code in practice, including information on any prosecutions, convictions and sentences under its provisions, in particular as regards paragraph 4, so as to enable the Committee to ascertain that the expression of political views or views ideologically opposed to the established political, social or economic system are not punished with penalties involving compulsory labour.

In its earlier comments, the Committee noted with regard to section 8 of the Act on the Fight against Terrorism (No. 3713 of 1991) that, by virtue of Act No. 4744 of 6 February 2002, a penalty of imprisonment in this section was replaced with fines, and it requested the Government to provide clarification on the phrase “unless such acts necessitate a heavier penalty” and to supply copies of the court decisions defining or illustrating the scope of this provision. The Committee previously noted that, in June 2006, the Grand National Assembly adopted amendments to the Act. Noting that no information concerning this point was provided in the Government’s report, the Committee hopes that, in its next report, the Government will clarify the provision for penalties in section 8 and communicate a copy of the 2006 amendments to the Act, including the relevant provisions regarding penalties. Please also supply updated information relating to the application in practice of the Act, as amended, including sample copies of the relevant court decisions and indicating the penalties imposed.

For a number of years, the Committee has been referring to provisions of the 1965 Act concerning political parties, which prohibits political parties from asserting the existence in Turkey of any minorities based on nationality, culture, religion or language and from attempting to disturb national security by conserving, developing or propagating languages and cultures other than the Turkish language or culture. It noted that penalties of imprisonment (involving compulsory labour) could be imposed under sections 80–82, read in conjunction with section 117, of the Political Parties Act (No. 2820 of 1983). The Committee noted the Government’s indication in its 2003 report that changes were to be made in the Political Parties Act, in accordance with the Emergency Action Plan published on 3 January 2003, with a view to ensuring that the whole population would be able to participate in political parties and to make possible the establishment of equity and justice in political representation.

Referring to the explanations contained in paragraphs 133–140 of its General Survey of 1979 on the abolition of forced labour, the Committee points out once again, that prohibitions enforced by penalties involving compulsory labour which affect the constitution or functioning of political parties or associations, either generally or where they advocate certain political or ideological views are incompatible with Article 1(a) of the Convention. The Committee therefore expresses the firm hope that measures will be taken to bring the Political Parties Act into conformity with the Convention. Having also noted the Government’s earlier indication that the penalties applicable to prohibited activities under sections 80–82 of the Political Parties Act had been “re-regulated” under the Penal Code (Act No. 5237 of 2004), the Committee asks the Government to clarify how the application of these sections is influenced by the application of the Penal Code, indicating the relevant penal provisions.

Article 1(b). Use of conscripts for purposes of economic development. The Committee notes the Government’s statement in its report confirming its previous indication that Act No. 3358, which amended section 10 of the Military Service Act, No. 1111, was no longer applied after 1991. The Committee previously noted from the Government’s 2005 report that a new draft Military Service Bill aiming at bringing legislation into conformity with “current conditions” had been examined by a special expert committee of the Turkish Grand National Assembly. The Government indicated, in particular, that the Bill had been drawn up in a way to embody a policy of protecting persons conscripted into military service from being assigned duties in public bodies or undertakings without their consent. Noting that no information was provided in the Government’s report as regards the repeal of the amendment of these provisions, the Committee asks the Government to keep the Office informed about the progress in the adoption of the bill, in order to bring legislation into conformity with the Convention and the indicated practice.

Article 1(c) and (d). Disciplinary measures applicable to seafarers. In its earlier comments the Committee noted that, under section 1467 of the Commercial Code (Act No. 6762 of 29 June 1956), seafarers may be forcibly conveyed on board ship to perform their duties, and that, under section 1469 of the Commercial Code, various breaches of discipline by seafarers are punishable with imprisonment (involving an obligation to perform labour). The Committee also noted that the Government had submitted to the Parliament a bill to amend section 1467 of the Commercial Code, which contains a provision limiting the powers of the master to circumstances jeopardizing the safety of the ship or endangering the lives of the passengers and the crew, and expressed the hope that section 1469 of the Commercial Code would likewise be amended to limit its scope to acts endangering the safety of the ship or the lives or health of persons. The Committee notes the Government’s indication that the new draft Commercial Code submitted to the Grand National Assembly does not contain the provisions similar to those in sections 1467 and 1469 of the present Commercial Code. The Committee expresses the firm hope that the new Commercial Code will soon be adopted and that the legislation will be brought into conformity with the Convention.

Article 1(d). Punishment for participation in strikes. For a number of years, the Committee has been referring to Act No. 2822 of 1983
regarding collective labour agreements, strikes and lockouts, which provides in sections 70–73, 75, 77 and 79 for penalties of imprisonment (involving compulsory labour) as a punishment for the participation in unlawful strikes, in circumstances falling within the scope of Article 1(d) of the Convention. The Committee notes with interest that article 73 of Act No. 2822 has been repealed by Act No. 5728 of 2008. Referring to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee expresses the firm hope that Act No. 2822 of 1983 referred to above will be further amended in order to ensure that no penal sanctions involving compulsory labour can be imposed as a punishment for the peaceful participation in strikes.