Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Forced Labour Convention, 1930 (No. 29) - Türkiye (Ratification: 1998)

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TİSK) received on 2 January 2014.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. (a) Law enforcement measures. The Committee previously noted the information from the International Trade Union Confederation (ITUC) that trafficking in persons occurs in the country, with most of the trafficking cases relating to prostitution of women from Eastern Europe and forced labour of persons from Central Asia.

The Committee notes the statement in the communication of the TİSK that Turkey is a destination and transit country for trafficked women, men and children. The TİSK indicates that the Government has devoted serious attention to trafficking in persons, and that noteworthy progress has been achieved with regard to bringing traffickers to court and reducing the acquittal rate in cases involving defendants charged with the offence.

The Committee also notes the information in the Government’s report regarding the application of section 227(3) of the Penal Code (prohibiting sending a person in or out of the country for the purpose of prostitution) that out of the 177 decisions handed down in 2011 and 2012, 23 persons were convicted. The Government also indicates that in 2011, there were 77 new cases brought under section 80 of the Penal Code (on human trafficking), involving 678 suspects, and 86 new cases brought in 2012, involving 560 suspects. From the 166 cases concluded in 2011 and 2012, involving 912 suspects, 70 persons were sentenced to imprisonment.

The Committee notes that the UN Human Rights Committee, in its concluding observations of 13 November 2012, expressed concern at the number of cases of trafficking in persons, and at the fact that only a few cases have resulted in investigations, prosecution and sentences (CCPR/C/TUR/CO/1, paragraph 15). Noting the significant number of cases brought to justice regarding trafficking in persons, the Committee encourages the Government to strengthen its efforts to ensure that all persons who engage in trafficking are subject to prosecution and that in practice, sufficiently effective and dissuasive penalties of imprisonment are imposed. It requests the Government to provide information on measures taken in this regard, including training and capacity building of law enforcement authorities, as well as on the results achieved. Please also provide information on the number of prosecutions, convictions and specific penalties applied pursuant to sections 80 and 227(3) of the Penal Code.

(b) Protection and assistance for victims. The Committee previously noted the information from the ITUC that law enforcement officials make insufficient use of trafficking victim identification procedures and that many such victims are detained and deported. The ITUC also indicated that the Government does not operate any victim shelters and does not provide adequate resources to non-governmental centres that offer assistance and services. The Committee further noted the information from the UN country team in Turkey, in a 2010 report compiled by the Office of the High Commissioner of Human Rights for the Universal Periodic Review, that access to justice for victims of trafficking in persons remained limited and that redress and compensation mechanisms are not yet supported by the provision of sustainable public funding (A/HRC/WG.6/8/TUR/2, paragraph 42).

The Committee notes the statement in the communication of TİSK that the Government has adopted a victims-focused approach to addressing trafficking by taking legislative and administrative measures to combat this crime. The TİSK indicates that shelters for human trafficking victims are now operating in Ankara and Istanbul, as well as a hostel for this purpose in Antalya. In this regard, the Committee notes the Government’s statement that the Ministry of Foreign Affairs has provided funding to these shelters for the period of 2014–16, and that it has constituted a sustainable funding mechanism for these shelters. The Government also states that victims of human trafficking are provided with humanitarian visas for a period of six months. The safe and voluntary return of victims is ensured through cooperation between the police, the International Organization for Migration, liaison agencies in countries of origin and non-governmental organizations. The Committee further notes the information in the Government’s report that the new cases brought regarding human trafficking in 2011 and 2012 involved 1,117 victims. Noting the number of victims of trafficking identified in the country, and the various measures taken by the Government to protect them, the Committee requests the Government to pursue its efforts with regard to the identification of victims, and to provide protection and assistance (including medical, psychological and legal assistance) to such victims, as well as to provide information on the number of persons benefiting from these services.

The Committee is raising other matters in a request addressed directly to the Government.