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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 6 and 7(2)(b) of the Convention. Programmes of action, effective and time-bound measures to provide direct assistance for the removal of children from the worst forms of child labour, as well as for their rehabilitation and social integration. Following its previous comments, the Committee notes the Government’s information, in its report, regarding the measures taken in the framework of the implementation of the National Action Plan (NAP) to Combat Human Trafficking (2020–22), which was developed in cooperation with the International Organization for Migration (IOM). These include seminars and workshops for law enforcement officers, judges, representatives of public associations and local authorities, with the involvement of international experts, and round tables and seminars held every year in Turkmenistan on various issues regarding safe migration.

Moreover, the Committee notes the Government’s indication that the State Youth Policy Act (2022) covers and protects young persons in difficult life situations, including if they should find themselves victims of trafficking, but that no offences involving trafficking or the commercial sexual exploitation of children have been recorded to date according to data from the Information Centre of the Ministry of Internal Affairs. The Committee observes, however, that the Committee on the Elimination of Discrimination Against Women, in its concluding observations of 25 July 2018, expressed concern about the lack of statistical data on the prevalence of trafficking and the lack of recognition thereof by the Government (CEDAW/C/TKM/CO/5, paragraph 24). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that statistics on the incidence of child trafficking for labour or sexual exploitation are collected and made available, and to indicate whether the NAP to Combat Human Trafficking will be extended or renewed. The Committee also requests the Government to continue to provide information on the concrete measures to combat child trafficking and protect children from this worst form of child labour, and the results achieved in terms of number of children who have been prevented or withdrawn from trafficking and provided with assistance.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Increase of child vendors and beggars. The Committee notes the observation of the International Trade Union Confederation (ITUC) that widespread and systematic use of forced labour for cotton production leaves the children of Turkmenistan vulnerable to child labour outside the cotton sector as well, given the extent to which cotton impacts the provision of education. According to the ITUC, instances where teachers have been ordered to pick cotton and thus have had to reduce the curriculum to the bare minimum have been documented, and there has been a notable increase in children working in the informal economy as a result. The ITUC further observes that COVID-19-induced lockdowns have exacerbated an existing economic crisis in 2020–21, leading sellers to start using children as roving vendors and that, as of 2022–23, there has been a visible increase of child begging in markets across the country.

The Committee notes that the Government has adopted national policies for child protection, mainly the National Action Plan (NAP) for Children’s Rights 2023–28, in collaboration with UNICEF. The Government indicates that one of the objectives of this NAP is to continue monitoring domestic legislation on children’s rights and to take measures to prevent the engagement of minors in work endangering their lives and health. The Committee also recalls that the State Youth Policy Act (2022) guarantees special State protection to all children under the age of 18. The Committee therefore requests the Government to provide information on the measures taken or envisaged, in the framework of the NAP on Children’s Rights, to ensure the protection of children under the age of 18 from the worst forms of child labour, in particular from engaging in hazardous work as street vendors or beggars. It also requests the Government to indicate whether, through the implementation of the NAP on Children’s Rights or the State Youth Policy Act (2022), children working on the streets as vendors or beggars have been withdrawn and given support for their rehabilitation and social integration.

[ The Government is asked to reply in full to the present comments in 2024. ]

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the Government’s report received on 31 August 2023. It also takes note the observations made by the International Trade Union Confederation (ITUC) received on 27 September 2023, as well as the Government’s reply received on 27 October 2023. The Committee also takes note of the report on the implementation of the 2023 Roadmap for cooperation between the ILO and the Government of Turkmenistan (implementation report), produced following the visit of the independent ILO mission on the observance of the conditions of work and recruitment of cotton pickers during the 2023 harvest.

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work in the cotton sector. In its previous comments, the Committee requested the Government to continue taking effective measures to ensure that children under 18 years are not engaged in hazardous work or subject to forced labour in the cotton sector, including during the school holidays or their time out of school. Moreover, the Committee observes that, in the context of the discussion of Turkmenistan’s application of the Abolition of Forced Labour Convention, 1957 (No. 105), at the 111th Session of the Conference Committee on the Application of Standards in June 2023, the Conference Committee urged the Government to reinforce its efforts to ensure the complete elimination of the use of compulsory labour of students in state-sponsored cotton production, in consultation with the social partners and in the context of the ongoing ILO assistance, through the development of an action plan to that end.

The Committee notes the Government’s information, in its report, regarding the measures taken to reduce manual cotton harvesting, including by children, such as the increase of agricultural machinery and efforts taken to create conditions for decent work for cotton pickers. Most significantly, the Committee takes note of the measures taken in the framework of the implementation of the Roadmap for cooperation between the ILO and the Government of Turkmenistan, adopted in March 2023 as a result of several ILO high-level technical assistance missions. The Government indicates in this regard that: (1) an analysis has been carried out of Turkmenistan’s current legislative framework with regard to the application of international labour standards and the resulting draft legislative acts that were submitted to Parliament; (2) there are ongoing efforts to produce a qualitative study of recruitment practices for the cotton harvest; (3) a seminar was held with the participation of representatives of the relevant ministries and agencies and social partners to identify the key elements of a national action plan to align the labour inspection system in Turkmenistan with ILO standards; and (4) the Parliament is actively engaging in public awareness-raising activities. Moreover, the Committee takes note of the Government’s reply to the ITUC observations, which consists of information prepared by the National Center of Trade Unions of Turkmenistan (NCTU). The NCTU indicates that, together with local trade unions, it conducted trainings and seminars on international labour standards, including Convention No. 182, in the regions, with the participation of the local authorities.

The Committee notes from the ITUC’s observations that, despite the commitments taken by the Government of Turkmenistan, forced labour practices in cotton production are unfortunately still prevalent on a massive scale in the country. With regard to the forced labour of children specifically, the ITUC states that, while child labour was not directly organized by the State, it was used in the 2022 harvest, driven by both poverty and the forced labour system. The ITUC shares examples of specific instances in which child labour was used for cotton picking, and adds that independent monitors reported that children, some as young as eight, were paid to work as “replacement pickers,” hired by public sector employees forced to either pick or hire someone else; others were sent as replacement pickers by parents or relatives who were forcibly mobilized; and still others joined the harvest to earn money for their families.

Moreover, the Committee notes that, with the acceptance of the Government, an independent ILO observance mission of the conditions of work and recruitment of cotton pickers, by ILO staff and independent consultants recruited by the ILO, took place during the 2023 harvest in October 2023. The Committee notes that, according to the information contained in the implementation report, initial findings from this observance mission indicate that children below the age of 15 were observed working in many of the cotton fields visited across the country.

While taking due note of the Government’s collaboration with the ILO in the framework of the Roadmap and during the observance of the cotton harvest in 2023, the Committee must note with deep concern that children under the age of 18, and even below the age of 15, continue to work in the cotton fields in Turkmenistan in hazardous conditions and, in some instances, forcibly. The Committee therefore urges the Government to pursue and strengthen its efforts to ensure the complete elimination of the use of forced and hazardous child labour in cotton picking. In this regard, it urges the Government to continue to engage in cooperation with the ILO and the social partners, within a cooperation framework, to ensure the full application of the Convention. It requests the Government to continue to provide information on the concrete measures taken in this respect, including measures taken to monitor the cotton harvest, strengthen record-keeping in educational institutions, apply sanctions against persons who engage children in the cotton harvest, and further raise public awareness on this subject.

[The Government is asked to reply in full to the present comments in 2024.]

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 3 of the Convention. Worst forms of child labour. 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).

Articles 6 and 7(2)(b). Programmes of action, effective and time-bound measures to provide direct assistance for the removal of children from the worst forms of child labour, as well as for their rehabilitation and social integration.  In its previous comments, the Committee requested the Government to provide information on the measures taken within the framework of the National Action Plan (NAP) to Combat Human Trafficking, 2016–18 to prevent, prosecute and eliminate trafficking of children and for their rehabilitation and social integration.

The Committee notes the Government’s information that the NAP to Combat Human Trafficking was developed on the “four Ps” model, that is, prevention, protection, prosecution and partnership. A working group to implement this NAP, chaired by a representative of the General Prosecutor’s office, was established. The mandate of this Working Group includes: (i) monitoring the implementation of the NAP and maintaining reports; (ii) developing proposals to improve the legal and regulatory framework; (iii) cooperating to develop state policy on combating trafficking in persons, studying international best practices and introducing proposals to support victims; and (iv) developing cooperation, including with civil society and international organisations. The NAP also includes segments dedicated to protecting the rights of the victims and providing for their rehabilitation and reintegration. The Committee also notes the Government’s information that with the support from the International Organization for Migration (IOM), public information campaigns aimed at preventing trafficking in persons are being conducted; two hotlines that provide information to the public on how to prevent being victims to trafficking are functional; and the provision of temporary shelter and rehabilitation support for victims of trafficking is being carried out.  Noting that the draft NAP to Combat Human Trafficking (2019–22) has been developed and is under discussion, the Committee requests the Government to provide information on its adoption and implementation as well as on the results achieved, in terms of the number of children who have been prevented or withdrawn from trafficking and provided assistance.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee proceeded with the examination of the application of the Convention on the basis of the observations received from the International Trade Union Confederation (ITUC) on 21 September 2020, as well as on the basis of the information at its disposal in 2019. The Committee requests the Government to reply to the observations of the ITUC.

The Committee notes the observations made by the International Trade Union Confederation (ITUC) received on 1 September 2019.

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. 1. Cotton sector. In its previous comments the Committee noted the Government’s information that the provisions under the Education Act of 2013 and the Rights of the Child (State Guarantees) Act of 2014, require children to attend school until the age of 18 and not to be involved in any work, including agricultural work that stops them from attending school. It also noted from the report of the ILO Technical Advisory Mission that took place in Ashgabat in September 2016, the statement made by the Minister of Education that children under the age of 18 years are fully engaged in education in Turkmenistan. Moreover, the statements made by the international organizations and foreign embassies that the mission met with, indicated that there were no reports of child labour in the cotton harvest, although access to the cotton fields was difficult.

The Committee notes the observations made by the ITUC that there were numerous cases of child labour reported during the 2017 cotton harvest season. According to the ITUC, during this period, in the Ruhabat and Baharly districts, there were secret orders that mobilized children into the fields during their fall break and there were “truckloads” of children sent to pick cotton. Massive use of child labour in the Mary, Lebap and Dashoguz regions were reported. The ITUC is of the view that, due to the centrally imposed quotas, local officials feel immense pressure and resort to forced labour and child labour. However, the Committee also notes the ITUC’s statement that there were efforts by the Turkmen Government to keep children out of the fields in 2018. According to ITUC, while Turkmen.news (an independent news and human rights organization) monitors witnessed some children in the cotton fields, these seemed to be isolated cases instead of the previous systematic use of child labour.

In this regard the Committee notes the Government’s information in its report of 26 February 2018, submitted to the United Nations Human Rights Council that it has adopted national measures to prohibit child labour, particularly in the cotton sector and that during school year, children may not be hired to perform agricultural work that hinders their studies. Furthermore, officials of educational institutions are subject to disciplinary action under labour law for the use of child labour in educational institutions in any activity, including agriculture (A/HRC/WG.6/30/TKM/1, paragraphs 209–212).  The Committee therefore strongly encourages the Government to continue taking effective measures to ensure that children under 18 years are not engaged in hazardous work or subject to forced labour in the cotton sector, including during the school holidays or their time out of school. 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, and on any offences reported, investigations conducted, violations found and penalties imposed.

2. State-owned farms and bazaars. The Committee notes from the recent observations of the ITUC that during the 2019 summer, children in the summer camps, were sent by school authorities into harvesting potatoes on state-owned farms. These children between the ages of 9 and 17 were forced to work all day, sometimes in extreme temperatures without proper meals or drinking water. The ITUC further states that Turkmen News has documented in 2019 and 2020 the widespread exploitation of children in bazaars where they were forced to engage in hard labour, including carrying heavy loads in extreme weather conditions. The Committee requests the Government to take the necessary measures to ensure that children under 18 are not engaged in hazardous work, including measures to enforce all relevant legislation prohibiting children’s involvement in such work and to keep the Committee informed on any offences reported, investigations conducted, violations found and penalties imposed under all such legislation.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.

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

Article 3 of the Convention. Worst forms of child labour. 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).

Articles 6 and 7(2)(b). Programmes of action, effective and time-bound measures to provide direct assistance for the removal of children from the worst forms of child labour, as well as for their rehabilitation and social integration. In its previous comments, the Committee requested the Government to provide information on the measures taken within the framework of the National Action Plan (NAP) to Combat Human Trafficking, 2016–18 to prevent, prosecute and eliminate trafficking of children and for their rehabilitation and social integration.

The Committee notes the Government’s information that the NAP to Combat Human Trafficking was developed on the “four Ps” model, that is, prevention, protection, prosecution and partnership. A working group to implement this NAP, chaired by a representative of the General Prosecutor’s office, was established. The mandate of this Working Group includes: (i) monitoring the implementation of the NAP and maintaining reports; (ii) developing proposals to improve the legal and regulatory framework; (iii) cooperating to develop state policy on combating trafficking in persons, studying international best practices and introducing proposals to support victims; and (iv) developing cooperation, including with civil society and international organisations. The NAP also includes segments dedicated to protecting the rights of the victims and providing for their rehabilitation and reintegration. The Committee also notes the Government’s information that with the support from the International Organization for Migration (IOM), public information campaigns aimed at preventing trafficking in persons are being conducted; two hotlines that provide information to the public on how to prevent being victims to trafficking are functional; and the provision of temporary shelter and rehabilitation support for victims of trafficking is being carried out. Noting that the draft NAP to Combat Human Trafficking (2019–22) has been developed and is under discussion, the Committee requests the Government to provide information on its adoption and implementation as well as on the results achieved, in terms of the number of children who have been prevented or withdrawn from trafficking and provided assistance.

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

The Committee notes the observations made by the International Trade Union Confederation (ITUC) received on 1 September 2019.

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work in the cotton sector. In its previous comments the Committee noted the Government’s information that the provisions under the Education Act of 2013 and the Rights of the Child (State Guarantees) Act of 2014, require children to attend school until the age of 18 and not to be involved in any work, including agricultural work that stops them from attending school. It also noted from the report of the ILO Technical Advisory Mission that took place in Ashgabat in September 2016, the statement made by the Minister of Education that children under the age of 18 years are fully engaged in education in Turkmenistan. Moreover, the statements made by the international organizations and foreign embassies that the mission met with, indicated that there were no reports of child labour in the cotton harvest, although access to the cotton fields was difficult.

The Committee notes the observations made by the ITUC that there were numerous cases of child labour reported during the 2017 cotton harvest season. According to the ITUC, during this period, in the Ruhabat and Baharly districts, there were secret orders that mobilized children into the fields during their fall break and there were “truckloads” of children sent to pick cotton. Massive use of child labour in the Mary, Lebap and Dashoguz regions were reported. The ITUC is of the view that, due to the centrally imposed quotas, local officials feel immense pressure and resort to forced labour and child labour. However, the Committee also notes the ITUC’s statement that there were efforts by the Turkmen Government to keep children out of the fields in 2018. While Turkmen.news’ (an independent news and human rights organization) monitors witnessed some children in the cotton fields, these seemed to be isolated cases instead of the previous systematic use of child labour.

In this regard the Committee notes the Government’s information in its report of 26 February 2018, submitted to the United Nations Human Rights Council that it has adopted national measures to prohibit child labour, particularly in the cotton sector and that during school year, children may not be hired to perform agricultural work that hinders their studies. Furthermore, officials of educational institutions are subject to disciplinary action under labour law for the use of child labour in educational institutions in any activity, including agriculture (A/HRC/WG.6/30/TKM/1, paragraphs 209–212). The Committee therefore strongly encourages the Government to continue taking effective measures to ensure that children under 18 years are not engaged in hazardous work or subject to forced labour in the cotton sector, including during the school holidays or their time out of school. 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, and on any offences reported, investigations conducted, violations found and penalties imposed.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3 of the Convention. Worst forms of child labour. 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).

2. Hazardous work in the cotton sector. With regard to the issue of hazardous work by children in the cotton sector, the Committee notes the Government’s information in its report that following the amendments of 2013 to the Education Act, 2009, the period of compulsory education, including primary and basic secondary education is 12 years, which shall extend up to the age of 18 years. The Government, further referring to section 38 of the Rights of the Child (State Guarantees) Act of 2014, states that no child shall be permitted to engage in agricultural and other work that stops them from attending school. In this regard, the Committee notes, from the report of the ILO Technical Advisory Mission that took place in Ashgabat from 26 to 29 September 2016, the statement made by the Minister of Education that children under the age of 18 years are fully engaged in education in Turkmenistan. This report also reflects the statements made by the representatives of other stakeholders, such as the UN Resident Coordinator, UNICEF, the Embassy of the United States, the UN Centre for Preventive Diplomacy for Central Asia, and the World Bank, that there were no reports of child labour in the cotton harvest.

Article 5. Monitoring mechanisms and application of the Convention in practice. Trafficking. Following its previous comments, the Committee notes the Government’s indication that according to the information from the Ministry of Internal Affairs, no cases of child trafficking have been recorded to date. Moreover, according to the information from the Office of the General Prosecutor, of the four and two cases relating to trafficking of persons, brought before the court in 2015 and in the first four months of 2016 respectively, none of them involved trafficking of children. In this regard, the Committee notes that the Committee on the Rights of the Child, in its concluding observations of 11 March 2015 on the report submitted by Turkmenistan on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, appreciated the various capacity-building and training activities on human trafficking investigation techniques provided to law enforcement officers by the State party, in collaboration with the International Organization for Migration (CRC/C/OPSC/TKM/CO/1, paragraph 18). It also notes that the Organization for Security and Cooperation in Europe (OSCE) (one of the members of the United Nations Global Initiative to Fight Human Trafficking (UN.GIFT)) Centre in Ashgabat, welcomed the efforts of the Government of Turkmenistan in preventing and combating human trafficking.

Articles 6 and 7(2)(b). Programmes of action, effective and time-bound measures to provide direct assistance for the removal of children from the worst forms of child labour, as well as for their rehabilitation and social integration. The Committee notes the Government’s information that the National Action Plan (NAP) to Combat Human Trafficking, 2016–18 which was adopted in March 2016 provides for the development of cooperation between government departments, including law enforcement bodies, local government authorities, public associations and international organizations working to combat trafficking in persons. It also notes the information from the United Nations in Turkmenistan that this NAP is aimed at preventing and protecting victims of trafficking, prosecuting criminal cases and promoting partnerships for countering trafficking of persons in Turkmenistan. The Committee requests the Government to provide information on the measures taken, within the framework of the NAP, to prevent, prosecute and eliminate trafficking of children and for their rehabilitation and social integration.

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

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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 129 of the Penal Code of 2010 prohibits trafficking in persons for both sexual and labour exploitation, as well as the sale of a person. This section punishes the trafficking of a minor with a penalty of imprisonment of between eight and 15 years. In addition, section 34 of the Act on the guarantees of the rights of the child, 2002, provides that the State shall take all appropriate measures to prevent, inter alia, the sale or trafficking of children, for any purpose and in any form, while section 1 of the Act defines a child as a person under 18 years.

2. Forced or compulsory labour. The Committee notes that section 8(1) of the Labour Code of 2009 prohibits forced or compulsory labour, which is defined in section 8(2) as any work or service required by any person under the menace of any penalty and for which the said person has not offered himself voluntarily.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that article 41 of the Constitution sets out the military obligations of male citizens. In this regard, the Committee notes the Government’s statement that section 17 of the Act on military duty and military service provides that only male citizens between the ages of 18 and 27 years can be called up for military service. The Committee requests the Government to provide a copy of the Act on military duty and military service, with its next report.

4. Corrective labour. The Committee notes the Government’s statement in its report that, pursuant to sections 84 and 86 of the Criminal Code, minors who have committed criminal offences may be penalized with deprivation of liberty and corrective labour. The Government states that the corrective labour shall only be used in respect of minors over the age of 16 years, who are fit to work, and that this labour may take place for up to one year. In this regard, the Committee reminds the Government that, by virtue of Article 3(a) of the Convention, forced or compulsory labour is considered as one of the worst forms of child labour and that, by virtue of Article 1, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee requests the Government to take measures to ensure that children between 16 and 18 years of age are not engaged in compulsory work within the context of corrective labour, and to provide information on the steps taken in this regard. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of sections 84 and 86 of the Criminal Code relating to the imposition of a penalty of corrective labour on persons under 18.

Clause (b). Use, procuring, or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that section 139 of the Criminal Code prohibits prostitution, and this same act, if committed in respect of a minor, will result in imprisonment for a term of three to eight years. Section 142 of the Criminal Code also prohibits pimping, and punishes this offence with a prison term of between two and six years.

2. Pornography. The Committee notes that section 29 of the Act on the guarantees of the rights of the child states that the production and distribution of pornographic publications, films and other materials are prohibited in the country. Section 164 of the Criminal Code prohibits manufacturing or distributing pornographic publications. In addition, the Committee notes the Government’s statement that with regard to the prevention of child pornography, the directorate for fighting organized crime, within the Ministry of Internal Affairs, monitors the internet in order to identify citizens involved in criminal activity related to child pornography.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee notes that section 28(3) of the Act on the guarantees of the rights of the child states that the engagement of children in the production, circulation, distribution and use of narcotic drugs and psychotropic substances shall be considered as criminal in accordance with the legislation. Section 155 of the Criminal Code states that the involvement of a minor in the commission of crime by a person over 18 years of age shall be punished by imprisonment for a term not exceeding three years.

Clause (d) and Article 4(1). 1. Hazardous work and determination of hazardous work. The Committee notes that section 27(2) of the Act on the guarantees of the rights of the child prohibits the use of children in forms of labour that can be harmful to their health or can impede their physical, intellectual, moral or social development. Section 253(1) of the Labour Code prohibits the employment of persons under the age of 18 years in jobs which may be detrimental to their health and moral development: gambling-related jobs; the production, transport and trade of alcoholic drinks, tobacco products, or other narcotic or toxic substances; jobs with particular working conditions (harmful and heavy work); and jobs related to the carriage, transport, lifting and moving of heavy goods outside the standards set for workers under the age of 18 years. Section 253(2) of the Labour Code states that the list of types of work with special conditions prohibited to persons under the age of 18 years, as well as the limits for carrying and transporting heavy goods, will be determined by the Cabinet of Ministers. The Committee requests the Government to provide information on whether a list of types of work with special conditions prohibited to persons under the age of 18 years has been determined by the Cabinet of Minister, and if so, to provide a copy of the relevant legislation, with its next report.

2. Hazardous work in the cotton sector. The Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 2 June 2006, welcomed the fact that the President had issued a decree against child labour and specifically condemned the use of children for cotton harvesting, as well as the adoption of legislation which forbade sending schoolchildren to harvest cotton. Nonetheless, the CRC expressed concern that the phenomenon was still widespread and that child labour laws were not effectively enforced (CRC/C/TKM/CO/1, paragraph 63). The Committee also notes 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). The Committee 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 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. The Committee notes the Government’s statement that the National Institute of State Statistics and Information undertook a survey of over 3,000 households in the country to examine the implementation of national legislation concerning young people at work. The Government states that this monitoring showed that the provisions of national law and international standards for the prevention of economic exploitation of children were respected. The Committee also notes 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. However, the Committee notes that the Committee on Economic, Social and Cultural Rights, 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). The Committee 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 statement that work is currently under way to draft a national plan of action for children. The Committee requests the Government to provide information on the measures taken or envisaged, within the framework of this national plan of action for children, to combat the worst forms of child labour. It requests the Government to provide information on the results achieved, once implemented.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that, pursuant to section 4 of the Education Act, citizens of Turkmenistan are guaranteed the right to education. In this regard, the Government indicates in its report that the State guarantees accessible and free general education, and that all children have the right to be educated in line with national education standards. Recalling that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue to provide information on the measures taken to facilitate access to free basic education for all children. It also requests the Government to provide, in its next report, information on the school enrolment, attendance and drop-out rates. To the extent possible, all information provided should be disaggregated by sex and by age.

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 notes 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 Government indicates in its report that these specialized institutions have not yet been established. The Committee also notes 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). The Committee also notes 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 encourages 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. The Committee requests the Government to provide information on the measures taken in this regard, including the establishment of specialized institutions to provide protection and assistance to victims of trafficking, as well as the number of persons under 18 benefiting from these services.