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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Turkmenistan (Ratification: 2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 4. Corrective labour. Following its previous comments, the Committee notes the Government’s information that as a rule, courts do not sentence juveniles who have reached the age of 16 years to corrective labour as punishment for committing crimes pursuant to sections 84 and 86 of the Criminal Code.

Clause (d) and Article 4(1). 1. Hazardous work and determination. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138). The Committee also draws the Government’s attention to Article 4(1) of this Convention, according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).

2. Hazardous work in the cotton sector. The Committee previously noted 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). Noting the absence of information in the Government’s report, the Committee again 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. Monitoring mechanisms and application of the Convention in practice. In its previous comments, the Committee noted 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. It noted, however, that the Committee on Economic, Social and Cultural Rights (CESCR), 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). Noting the absence of information in the Government’s report, the Committee once again 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 information that it is in the process of drafting a National Child Welfare Action Plan which amongst others aims to improve the education system and to improve the state support to children from vulnerable groups. The Committee requests the Government to provide information on the impact of the measures taken within the framework of the National Child Welfare Action Plan in eliminating the worst forms of child labour.

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 previously noted 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 Committee also noted 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). It also noted 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 notes the absence of information in the Government’s report in this regard. The Committee requests the Government to provide information on the measures taken to provide protection and assistance to child victims of trafficking, pursuant to sections 11, 12 and 14 of the Law on Combating Trafficking in Persons, including the establishment of specialized institutions. It also requests 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. Finally, it requests the Government to provide information on the number of persons under 18 who have been prevented from being engaged or removed from the worst forms of child labour and who have benefitted from integration services.