Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Turkmenistan (Ratification: 1997)

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) received on 5 September 2018 referring to the issues raised by the Committee below and alleging grave violations of civil liberties and of the Convention in practice. The Committee requests the Government to provide its comments thereon.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations of their own choosing without previous authorization. Trade union monopoly. The Committee had previously requested the Government to clarify whether in practice there is an obligation imposed on all unions to be members of the National Centre of Trade Unions of Turkmenistan (NCPT), and the role of the latter in establishing and registering trade unions in the country. The Committee notes the Government’s indication that the NCPT plays no role in trade union registration; pursuant to its by-laws, this organization collects the relevant statistics as to the number of trade unions it unites and their membership. On 1 January 2018, 1,138,800 workers were members of trade unions in Turkmenistan. The Government further points out that there are 14 autonomous trade unions at the sectoral level and five at the territorial level.

Article 3. Right of organizations to organize their administration without interference by the public authorities. The Committee had previously noted that pursuant to section 27(3) of the Law on Public Associations (applicable to employers’ organizations), upon a request from the Ministry of Justice, public associations must submit copies of decisions taken by their governing bodies and officers, as well as reports about their operations. A similar provision is contained in section 16(2) of the Law on Trade Unions. Considering that these provisions give the authorities powers of control which go beyond those acceptable under the Convention, the Committee recalled that the supervision of workers’ and employers’ organizations should be limited to the obligation of submitting periodic financial reports or, if there are serious grounds for believing that the actions of an organization are contrary to its rules or the law (which should not infringe the principles of freedom of association), such verification should be limited to exceptional cases, for example, in order to investigate a complaint, or if there have been allegations of embezzlement, and should not take the form of permanent control by the authorities. Both the substance and the procedure of such verifications should always be subject to review by the competent judicial authority affording every guarantee of impartiality and objectivity. The Committee notes that the Government considers that the obligations imposed by above-mentioned provisions do not constitute an interference with the activities of public associations. The Government informs nevertheless that the Committee’s comments will be brought to the attention of Mejilis (Parliament) which is about to examine the draft amendments to the Law on Trade Unions and the Labour Code. The Committee hopes that sections 16(2) of the Law on Trade Unions, and 27(3) of the Law on Public Associations in so far as it applies to employers’ organizations, will soon be amended so as to ensure the application of the principle above. It requests the Government to report on the developments in this regard.

Right to strike. The Committee had previously noted that the provisions of the Labour Code concerning collective labour disputes did not refer to the right to strike; that according to the Government, collective labour disputes were resolved through mediation or in case of a failure, in courts; that the parties could not refuse to participate in dispute resolution procedures; and that there were no registered cases of strikes in the country. The Committee considered in this respect that while strike action was not an end in itself, it was an essential means available to workers and their organizations to protect their interests. The Committee notes that the Government points to the absence of legislation dealing with the right to strike. The Government reiterates that there were no instances of strikes in the modern history of the country and that all labour disputes are resolved at the enterprise level through mediation and conciliation procedures. Up until now, no collective labour dispute has been brought to the attention of the courts. The Committee reaffirms that the right to strike derives from the Convention and once again requests the Government to take the necessary measures, in consultation with the social partners, to guarantee this right in law and in practice. It requests the Government to indicate all steps taken or envisaged in this respect.