Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2021, which refer to issues examined by the Committee in the present comment. It requests the Government to provide a reply to the ITUC observations.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

The Committee notes the detailed discussion, which took place at the 109th Session of the Conference Committee on the Application of Standards in June 2021.

Article 1(b) of the Convention. Imposition of forced labour as a method of mobilizing and using labour for purposes of economic development. Cotton production. The Committee notes that, in its conclusions adopted in June 2021, the Conference Committee urged the Government to take effective and time-bound measures to: (i) ensure, in law and in practice that no one, including farmers, public and private sector workers and students, is forced to work for the state-sponsored cotton harvest, or threatened with punishment for the lack of fulfilment of production quotas; (ii) report on the status of section 7 on the recruitment of citizens to work in enterprises, institutions and organizations in cases of emergencies of the Act on the legal regime governing emergencies of 1990; (iii) eliminate the compulsory quota system for production and harvesting of cotton; (iv) prosecute and sanction appropriately any public official who participates in the forced mobilization of workers for the cultivation or harvest of cotton; (v) develop, in consultation with the social partners and with ILO technical assistance, an action plan aimed at eliminating, in law and practice, forced labour in connection with state-sponsored cotton harvesting, and improving recruitment and working conditions in the cotton sector in line with International Labour Standards; and (vi) allow independent social partners, press and civil society organizations, to monitor and document any incidences of forced labour in the cotton harvest without fear of reprisals.

In its previous comments, the Committee noted with deep concern the continued practice of forced labour in the cotton sector. It also observed that there had been no meaningful progress to address the issue of mobilization of persons for forced labour in the cotton harvest since the discussion of the case by the Conference Committee in June 2016 and the following visit of an ILO technical advisory mission to the country.

The Committee also noted that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations of 2018, expressed concern at the reported continued widespread use of forced labour among workers and students under threat of penalties during the cotton harvest (E/C.12/TKM/CO/2, paragraph 23). It also noted from the Summary of Stakeholders’ submissions of 2018 to the United Nations Human Rights Council that people forced to pick cotton had been compelled to sign declarations on “voluntary” participation in the harvest (A/HRC/WG.6/30/TKM/3, paragraph 49).

The Committee noted the ITUC’s observations of 2020 alleging the widespread use by the State of forced labour in cotton harvesting. The ITUC indicated in particular that, during the 2019 cotton harvest, public sector employees, including teachers, doctors, municipal service and utility companies’ employees, continued to be mobilized for cotton picking or forced to pay for replacements pickers. For the second time in 15 years, teachers were forced to spend their nine-day autumn break picking cotton. Those unable or unwilling to pick cotton had to pay a substantial part of their income. As of October 2019, teaching staff had each paid 285 Turkmenistan manats (US$16) while their average monthly income is around US$90.

In this respect, the Committee notes the Government’s statement in the written information provided to the Conference Committee that, for the period 2015-2020, the percentage of manually harvested cotton dropped from 71 per cent to 28 per cent due to the mechanization of cotton harvesting. The Government points out that the prevalent use of harvesting machines in the process of picking cotton demonstrates the absence of the need to massively involve human resources in this process.

The Committee further notes the Government’s statement, in its communication dated 25 October 2021, that it has accepted a high-level mission of the ILO, as requested by the Conference Committee.

The Committee also notes the indication by the Government, in its report, that the policy of the Government is aimed at the maximum automation of manual labour in the agricultural sector and that the use of public sector employees’ labour in picking cotton is not economically viable. The Government further indicates an absence of a system of mandatory quotas for the production of cotton in Turkmenistan and that the conditions of cotton production, including its volume and the purchase price, are regulated by a contract concluded between the State and a tenant. The Government also indicates that no cases of forcing citizens to pick cotton or the coercion of payments by citizens of funds intended for cotton harvesting have been registered by the law enforcement bodies.

The Committee takes note of the indication by the Government that the Act on the legal regime governing emergencies of 1990 was repealed by the State of Emergency Act of 2013 (section 31(2)) and that a state of emergency has never been introduced in Turkmenistan. The Committee also takes note of the National Human Rights Action Plan (NAP) 2021-2025 elaborated with the participation of a wide range of stakeholders. The Government indicates that the NAP 2021-2025 has a section on freedom of labour which foresees various measures particularly aimed at preventing the use of forced labour by ensuring compliance with legislation and strengthening control over its observance. In this respect, the Government points out that the NAP 2021-2025 can serve as a basis for addressing the issues raised by the Conference Committee.

The Committee however notes that, in its 2021 observations, the ITUC reiterates once again the systemic recourse to the use by the State of forced labour in picking cotton. In particular, during the 2020 cotton harvest, public sector employees and students continued to be mobilized to work in cotton fields. The ITUC indicates that mobilized persons are forced to work excessively long hours in poor sanitary conditions without protective equipment. As previously highlighted by the ITUC, in order not to participate in the cotton harvesting, persons had to pay the amounts representing a substantial part of their income for replacement pickers. The ITUC points out that the mechanization of the cotton harvesting process does not seem to offer the necessary guarantees in order to put a lasting end to the systematic practice of forced labour in Turkmenistan.

The Committee further notes that the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, in the communication dated 30 August 2021 to the Government of Turkmenistan, expressed his deep concern about the working and living conditions of cotton workers. The Special Rapporteur indicates that, according to the information received, tens of thousands of citizens, public sector workers and workers of private companies are subjected to forced labour, as they are coerced to work in the cotton fields under the threat of dismissal from their own jobs. Cotton workers reportedly have to pay for their own transport, accommodation and food and they do not receive their wages or have very low salaries. Furthermore, workers do not have access to medical assistance when needed and they cannot afford medical care themselves due to their low incomes. If the cotton production quotas imposed by the State are not met, agricultural associations, enterprises and organizations, schools, construction organizations, public utilities services and hospitals of the respective region can be obliged to supply cotton, by purchasing cotton elsewhere.

While noting certain measures taken by the Government to address the issue of forced labour in cotton harvesting, including measures aimed at the reduction of manual harvesting, the Committee once again expresses its deep concern at the continued practice of forced labour in the cotton sector. Taking due note of the Government’s stated commitment to collaborate with the ILO and implement this Convention, the Committee strongly urges the Government to pursue its efforts to ensure the complete elimination of the use of compulsory labour of public and private sector workers as well as students in cotton production. The Committee strongly encourages the Government to continue to engage in cooperation with the ILO and the social partners to ensure the full application of the Convention in practice. In this regard, it encourages the Government to consider developing a National Action Plan, in close collaboration with the social partners and the ILO, to improve recruitment and working conditions in the cotton sector. It requests the Government to provide information on the measures taken to this end and the concrete results achieved. The Committee welcomes the Government’s acceptance of the high-level mission requested by the Conference Committee, which will visit the country in 2022, and trusts that the high-level mission will be able to note significant progress in this respect.

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

[The Government is requested to reply in full to the present comments in 2022.]