Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - Turkmenistan (Ratification: 1997)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the specific measures taken within the National Action Plan (NAP) to Combat Human Trafficking 2016–18 and on the application in practice of section 129 of the Criminal Code and the Law on Combating Trafficking in Persons, 2007.

The Committee notes the Government’s indication in its report that the revision of the Law on Combating Trafficking in Persons in 2016 has marked significant progress towards the goal of establishing the necessary legislative and administrative system to effectively prevent trafficking in persons and protect victims of trafficking. It has strengthened the basic elements of combating trafficking in persons linked to the standards on the identification of victims, status as a victim and the rights of victims to protection and support. The Government also indicates that section 129 of the Criminal Code has been amended in 2017 to criminalize offences related to trafficking in persons, including trafficking irrespective of the victim’s consent or under threat, coercion, deception, abuse of trust or the vulnerable position of the victim. It also notes the Government’s indication that from 2018 to 2019 no cases under section 129 were launched or investigated by the General Prosecutor’s office or examined by the Turkmen courts.

The Committee further notes the detailed information provided by the Government on the measures taken and implemented to combat trafficking in persons under NAP 2016–18, including: (i) the development of draft standard operating procedures and training for law enforcement officials and other competent bodies for identifying victims of trafficking; (ii) the development of training programmes for instructors and trainers on the multi-disciplinary and multi-sectoral approach to investigation, prosecution and court proceedings for cases of trafficking in persons; (iii) the development of a text book, in coordination with the International Organization for Migration (IOM), which contains a study plan for the training and professional development of law enforcement officials on methods to prevent, investigate and solve crimes linked to trafficking in persons; (iv) the carrying out of public awareness-raising and educating programmes on the dangers of trafficking in persons and related phenomena; (v) the publication of booklets and leaflets on human rights, the rights of migrants and victims of trafficking; and (vi) the development of a draft procedure for repatriation of victims of trafficking and their access to social rehabilitation. It also notes the Government’s indication that within the NAP activities, overall 75 instructors and trainers have completed training programmes. Moreover, five training sessions on a multi-sectoral approach to the investigation, prosecution and court proceedings of cases of trafficking in persons were attended by judges, lawyers and representatives of other law enforcement bodies, and 14 seminars and meetings and 11 study seminars with the participation of international experts and trainers and support from the IOM were conducted for law enforcement officers and judges. In addition, the IOM supports the work of two telephone hotlines that contribute to boosting public awareness of trafficking in persons through telephone consultations. The Committee further notes that a draft NAP for Combating Human Trafficking 2019–22 has been developed and presented for discussions to the Inter-Agency Commission on Compliance with the International Human Rights and International Humanitarian Law Obligations of Turkmenistan. The Committee takes due note of the measures taken by the Government to prevent and combat trafficking in persons. The Committee expresses the hope that the Government will take the necessary measures to adopt and implement the NAP on Combating Human Trafficking 2019–22 in the near future. It requests the Government to continue providing information on the measures taken and implemented within this NAP and on the results achieved. It also requests the Government to continue to provide information on the application of section 129(1) of the Criminal Code and of the Law on Combating Trafficking in Persons in practice, particularly the number of investigations, prosecutions and convictions.

Articles 1(1) and 2(1). 1. Participation in festive events. The Committee previously requested the Government to take the necessary measures, both in law and in practice, to ensure that children and students are not forcibly mobilized for participation in festive or similar events, whether within or outside school hours.

The Committee notes the Government’s information that educational activities in educational institutions are undertaken in accordance with the school curriculum and programmes and that students are not enlisted in any mass events during the school term period. Moreover, students take part in festive events as part of music, dance or other artistic performances that do not infringe any of their rights. The Government further reiterates that no corrective measures or punishment are applied to citizens who refuse to participate in festive events.

2. Freedom of civil servants to leave their service. The Committee previously noted the Government’s information that, according to section 43 of the Public Service Act of March 2016, the grounds for terminating public service include, among others, voluntary resignation. It also noted that according to section 28 of the Internal Affairs Bodies Act of 2011, internal affairs officials could terminate their service at their own request. The Government further indicated that a public servant may be released from their position following a decision by the appropriate public body or official. The Committee requested the Government to provide information on the manner in which applications for resignation by civil servants or request for termination of service by internal affairs officials are generally treated.

The Committee notes the information provided by the Government on the procedures following a request for termination of service by an official. It notes the Government’s indication that according to section 2 of the Public Service Act, matters linked to civil service that are not regulated by this Act shall be covered by labour laws or other legislations of Turkmenistan. Accordingly, section 42 of the Labour Code states that civil servants choose to terminate their employment contracts by giving their employer two weeks’ written notice. By agreement of the parties, the employment contract may be terminated before expiration of the notice period of separation. Once the notice period is expired, civil servants are entitled to stop work while their employer is obliged to return to them their record of employment and settle their payments.

Furthermore, the provisions under section 28 of the Internal Affairs Bodies Act entail that internal affairs officials may be separated from service at their own request or for other reasons. Thus on receipt by the personnel department of the Ministry of Internal Affairs of a request for termination of service from an internal affairs official, an inspector from the personnel department clarifies the reason for such a request as well as the official’s period of service and age. The official may be invited to discuss in case of any questions to be clarified and if the official wishes to continue in service, he/she may be offered other positions. The order of separation shall be published only when the official gives his/her final statement refusing to continue service. These procedures take less than ten days in total.

3. Freedom of career military personnel to leave their service. In its previous comments, the Committee noted the Government’s reference to various grounds for career military personnel to leave their service such as: gross and systematic breaches by superiors of national legislation on rights and privileges of military service members; family reasons; in connection with election to Parliament or with an appointment to a position made by the President; based on the findings of a personnel review board; after 20 or 25 years of service for women and men, respectively; as well as due to enrolment in a higher military training establishment. The Committee requested the Government to indicate whether military officers and other career members of the armed forces have the right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length, in cases other than those enumerated above, specifying the applicable provisions.

The Committee notes the Government’s information that the separation procedure for members of the armed forces with military service is regulated by the Military Duty and Service Act of 2010 and the Provisions for Career Members Serving in the Military approved by the Decision of the President of 6 July 2011. Accordingly, career members of the armed forces have the right to early separation from service for family reasons, on submitting a statement on the reasons for separation to the commanding officer of the unit. The Committee requests the Government to indicate the procedures following the submission of a request of resignation by career military personnel as well as to indicate whether such a request can be refused, and, if so, what could constitute grounds for such refusal.

Article 2(2)(a). Compulsory military service. In its previous comments, the Committee noted that section 8(1) of the Labour Code excludes from the prohibition of forced labour any work exacted by virtue of compulsory military service laws. It noted the Government’s statement that, pursuant to the Military Duty and Service Act, conscripts may not be given orders and instructions, or be required to perform tasks that are unrelated to military service or would break the law. However, the Committee noted that, in the framework of the Universal Periodic Review on Turkmenistan, several stakeholders referred to the use of military conscripts to provide forced labour in the civilian economy which remained endemic (A/HRC/WG.6/16/TKM/3). The Committee requested the Government to indicate the safeguards that exist, both in the Military Duty and Service Act and in practice, to ensure that services exacted under compulsory military service laws are used only for purely military ends, specifying the works or services that are considered in practice as “related to military service”.

The Committee notes the Government’s information that according to section 11 of the Status of Military Personnel Act of 2017, members of the armed forces are not permitted to combine military service with work at any enterprise, establishments or organizations, with the exception of engagement in scientific, teaching or creative activities that do not hinder the performance of military duties.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted the Government’s information that the State guarantees any work or service by those serving a sentence of corrective labour in an undertaking, institution or organization, regardless of their form of ownership, carried out with free, formal or informal consent, and under conditions resembling free labour relations. It requested the Government to provide information on how the free and informed consent for work or service undertaken by persons serving a sentence of corrective labour or imprisonment, for private sector enterprises, institutions or organizations is formally obtained in practice.

In this regard, the Committee notes the Government’s reference to sections 33 and 34 of the Criminal Penalties Enforcement Code regulating the procedure and conditions of serving a sentence in the form of corrective labour. These provisions stipulates that the body responsible for the enforcement of the sentence, where necessary, refers the convicts to the employment service to find work and that convicts without a job are obliged to find one themselves or register with the employment service in their place of residence. If jobs and vacant positions are available at enterprises, the person registered at the employment service shall be given the appropriate job referral, including to private enterprises. The Government also indicates that persons sentenced to corrective labour are not permitted to refuse a job proposed to them by the employment service. The Committee also notes the Government’s information that the practice in recent years demonstrates that in most cases, the convicts find work themselves and deductions from their earnings are made in favour of the State in the amount established by court sentence.

The Government further refers to the provisions under the Employment Act which guarantees the right to access information at the employment service, free of charge, on available jobs and positions, and the working conditions and rules at the enterprise as well as section 36 of the Criminal Penalties Enforcement Code that regulates the duties of the administration at enterprises where convicts are performing corrective labour. The Committee notes that the Government does not provide any information on the question raised by the Committee. In this regard, the Committee, referring to its 2012 General Survey on the fundamental Conventions concerning rights at work, recalls that work by prisoners for private enterprises can be compatible with the Convention where the necessary safeguards exist to ensure that the prisoners concerned offer themselves voluntarily, by giving their free and informed consent and without being subjected to pressure or the menace of any penalty, by giving their formal, free and informed consent to work for private enterprises (paragraph 279). The Committee therefore once again requests the Government to indicate the measures taken or envisaged to ensure that persons serving a sentence of corrective labour or imprisonment, for private sector enterprises, institutions or organizations, do so with their free and informed consent, including for those specific work assigned to them by the employment service or job referral.