Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Abolition of Forced Labour Convention, 1957 (No. 105) - Turkmenistan (Ratification: 1997)

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. Please provide a copy of the legislation in force in the following fields: the laws governing the press and other media; the laws governing political parties; the laws governing the conditions of employment of seafarers, and particularly the disciplinary sanctions that may be applied to them; the provisions regulating the exercise of the right to strike and essential services.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes the Government’s indication in the report that, under article 28 of the Constitution of Turkmenistan, citizens have the right to freely hold and express opinions, and to receive information not governed by state secrecy or otherwise protected by law. It also notes that article 29 of the Constitution guarantees freedom of assembly and the right to hold meetings and demonstrations in the manner established by law. The Committee notes, however, that according to section 178(2) of the Code on Administrative Offences, of 17 December 1984, any violation of the established procedure for the organization of assemblies, meetings or demonstrations is punishable with a fine or administrative arrest for a term of up to 15 days. In case of recidivism, penalties include a fine, administrative arrest or corrective labour from one to two months. The Committee further notes that section 223 of the Criminal Code (1997) provides for sanctions of corrective labour for up to one year, or deprivation of freedom for six months, in case of violation of the procedure for the organization of assemblies, meetings or demonstrations. Please indicate whether the new Criminal Code adopted in 2010 contains similar provisions and, in the affirmative, what sanctions are provided in case of violation of the prescribed procedures for the organization of assemblies, meetings or demonstrations. Please also provide information on the application in practice of section 178(2) of the Code on Administrative Offences, supplying copies of the court decisions defining or illustrating its scope and clarifying, in particular, whether the imposition of an administrative arrest may involve the obligation to perform community work or any other form of compulsory work.

Article 1(b). Imposition of forced labour as a method of mobilizing and using labour for purposes of economic development. The Committee refers, in this connection, to its comments addressed to the Government under Convention No. 29, likewise ratified by Turkmenistan.

Article 1(d). Sanctions involving compulsory labour for participation in strikes. The Committee notes the Government’s indication in its report that, since the independence of Turkmenistan, the country has not experienced any strike actions. While noting that the provisions of the Labour Code concerning collective labour disputes do not refer to the right to strike and that the Government’s report contains no information in this regard, the Committee would be grateful if the Government would provide, in its next report, information on any restrictions placed by the legislation on the right to strike, including the right to strike in the civil service, and on the sanctions that might be imposed for violations of such restrictions.