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Comments adopted by the CEACR: Turkmenistan

Adopted by the CEACR in 2021

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. Public service. In its previous comments, the Committee requested the Government to provide information on the concrete measures taken to address the gender pay gap by resolving its underlying causes and promoting women’s access to jobs with career prospects and higher pay, in particular in the agricultural sector. The Committee notes the Government’s indication according to which it has actively implemented the Programme of Improvement in the Areas of Employment and Job Creation in Turkmenistan 2015-2020. The Committee also observes that the Government stresses that: (1) despite the decrease in the gender pay gap from 13.7 per cent in 2019 to 10.4 per cent in 2020, the average monthly salary remains lower for women than for men in almost all economic sectors, even when both are employed in the same category; (2) women earn from 69.6 per cent of men’s salary in the public administration and defence sector to 95.1 per cent of men’s salary in the education sector; and (3) the reasons for such disparities concern the positions held by women in these sectors, the right of women with young children to refuse to work in particular conditions for which various allowances and supplements are payable, and men and women’s level of educational attainment. The Government stresses, however, that when women are employed in jobs that are of the same value as men’s, the principle of equal pay for work of equal value applies. In relation to education, the Committee notes the Government’s indication that gender imbalance is becoming smaller in all levels of education: girls accounted for 18.1 per cent of students entering basic vocational education in 2020 (17.5 per cent in 2019), 63.2 per cent of students entering intermediate vocational education (62.6 per cent in 2019), and 43.1 per cent of students entering higher vocational education (42.4 per cent in 2019). It also stresses that mass awareness-raising is conducted among girls and they are increasingly acquiring skills in promising new fields such as technology, physics, maths, and digital technology. The Committee observes the Government indication that, in the framework of the National Action Plan on Gender Equality for 2015–20 and the National Action Plan for Human Rights for 2016–20, the Women’s Union of Turkmenistan held: (1) an annual “Woman of the Year” competition which brought about the construction in society of a positive image of modern women managers and business people and helped involve women more actively in the development of public life in the country; and (2) the “Women in Science” competition which helps to combat gender stereotypes prioritizing innovation in the agro-industrial complex, fuel and fuel efficiency, chemical technology and the development of competitive new materials. The committee asks the Government to intensify its efforts to reduce the gender pay gap in all sectors of the economy and address the occupational gender segregation and its underlying causes. The Committee asks the Government to continue to provide statistical information on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors, as well as in the informal economy, and any available information on the gender pay gap.
Equal remuneration for men and women for work of equal value. Public service. Referring to its previous comments regarding the application in practice of section 46(2) of Law No. 363-V on the Public Service, which provides that the remuneration of civil servants shall be determined on the basis of the principle of equal remuneration for work of equal value, the Committee notes the information provided by the Government according to which, by virtue of article 11 of the Law on Public Service, a register is to be created with a view to increasing the effectiveness of management of the staff and improving the system of recording, selecting, training, retraining, and upscaling staff. The Government explains that the register, which is currently being drawn up by the competent authorities, is composed of lists of positions in the “civil service”, “military service”, and “law enforcement service” and, in parallel, work is being undertaken to produce reports on the above groups of public servants. The Committee nonetheless observes that the Government does not provide details on methods and criteria used for determining wage scales and other information previously requested. In light of the above, the Committee asks the Government to provide detailed information on the methods and criteria used to establish the register and how it is ensured that, when establishing job classifications and salary scales, the principle of equal remuneration for men and women for work equal value is taken into account, in accordance with Law No. 363-V on the Public Service. It also asks the Government to provide statistical information on the number of civil servants, disaggregated by sex, occupational category and position, and the average level of remuneration in each group of public service posts. It further asks the Government to indicate how it is ensured that men and women public servants have access to any additional payment or incentive provided for in sections 46(2) and (3) of the Law on the Public Service on an equal footing.
Article 2(1). Scope of application. Exclusion of certain categories of workers. On this point, the Committee refers the Government to its comment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
Article 2(2). Minimum wages and collective agreements. In its previous comments, the Committee asked the Government to provide information on the measures taken to ensure that the remuneration rates fixed in collective agreements, as well as in minimum wage instruments, are free from gender bias. The Committee notes the Government’s statement that the rates of pay fixed in collective agreements and by minimum salary setting machinery are free from gender bias. The Government adds that: (1) as of 1 June 2020, 117 sectoral or intersectoral collective agreements had been concluded and that entity-level agreements contain mandatory provisions on forms and systems of pay, levels of remuneration, and monetary rewards, compensation, supplements, and allowances; (2) under article 354 of the Labour Code, the parties’ representatives, the entity’s workforce, the appropriate trade unions, and the competent bodies are to monitor the fulfilment of the obligations specified in an entity-level collective agreement; and (3) the signatories to the collective agreement must provide all the essential information in their possession for supervisory purposes and have to report on the fulfilment of those obligations at a general meeting of the entity’s workforce. The Committee also notes that, according to information provided by the Government, Article 306 punishes the breaches and non-fulfilment of obligations under a collective agreement at any level. The Committee also notes that in October 2018, the Parliament (Mejlis) adopted the Law on the Tripartite Commission for the Regulation of Social and Labour Relations, entrusted to consult social partners when the regulation of pay levels is drafted. While noting this information, the Committee reiterates its previous request and once again asks the Government to provide information on the measures taken to ensure that when remuneration rates are determined in collective agreements, as well as when minimum wage instruments are adopted, they are free from gender bias and based on objective criteria. The Committee asks the Government to provide examples of any collective agreements that include provisions on equal remuneration for men and women.
Articles 2 and 3. Determination of remuneration rates and objective job evaluation. In its previous comments, the Committee asked the Government to clarify the manner in which the provisions requiring that remuneration shall be determined according to the “quality and quantity of work” performed, combine with an objective job evaluation. The Committee notes that the Government refers to article 110 of the Labour Code which defines remuneration as “the monetary reward for work performed depending on the workers’ qualifications, the complexity, quality and quantity of the work performed / services provided, connected with working arrangements and conditions; it also includes incentive payments”. The Government highlights the point that that when setting the pay for both men and women, quantitative and qualitative criteria are used, but there is also a more objective evaluation of work. While the Government reiterates that the setting of pay rates is free from gender bias, the Committee recalls that while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria which are free from gender bias. Furthermore, while the Convention does not prescribe any specific method for such an examination, Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey on the fundamental Conventions, 2012, paragraphs 695–696). The Committee once again requests the Government to specify in detail the methods and factors used to assess the value of different jobs. It asks the Government to provide information on the measures taken to ensure that the selection of such factors for comparison, the weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee further asks the Government to indicate the measures taken to promote the use of objective job evaluation methods with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is reflected in any methods for determining or revising rates of remuneration beyond the minimum wage, and to provide information on any job evaluation exercises which were undertaken, and their outcome.

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
The Committee reiterates the content of its direct request adopted in 2019 which is reproduced below.
The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019.
Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted sections 176(2) and 192 of the Criminal Code which establish penalties of fines, correctional labour of up to two years or imprisonment for a period of up to five years, for offences related to any insult or defamation against the President, and libel against a judge, lay judge, prosecutor, investigator or the person conducting the inquiry; and section 30(3) of the Internet Development and Internet Services Law of 2014 (IDIS Law of 2014), concerning the liability of Internet users for the truthfulness of all the information that they post, and the publication of materials which contain insults or defamation against the President. The Committee noted from the report of the Technical Advisory Mission of September 2016 that it was clear from the meetings held with some of the stakeholders, including various United Nations (UN) agencies that the practice of forced labour imposed for expressing political views exists. The Committee therefore urged the Government to take the necessary measures, in both law and practice, to ensure that no penalties involving compulsory labour may be imposed for the peaceful expression of political opinion or views opposed to the established system. It also requested the Government to provide information on the application in practice of sections 176 and 192 of the Criminal Code and section 30(3) of the Internet Development and Services Law of 2014.
The Committee notes the observations made by the ITUC that the Government continues to prosecute, intimidate or harass those who attempt to report on the working conditions in the cotton industry. In October 2016, the Government arrested and charged Gasper Matalaev, a reporter who contributed to an article documenting the use of forced labour in the annual cotton harvest, with fraud. He was sentenced to three years in a labour camp.
The Committee notes the Government’s information that no criminal cases have been launched or investigated under sections 176 and 192 of the Criminal Code. It also notes the information provided by the Government on the increase in the internet availability pursuant to the IDIS Law of 2014. The Committee notes that there are certain provisions in the Criminal Code, under the terms of which certain activities might be punished by sentences of correctional labour, involving an obligation to perform labour for a period from two months to two years (as per section 50 of the Criminal Code) in circumstances which may be covered by the Convention. The provisions in question are as follows:
  • -section 177: which provides for penalties of imprisonment for a term of three to eight years for the incitement of social, national, ethnic, racial or religious enmity or discord;
  • -section 178: which provides for penalties of fines or correctional labour or imprisonment for up to two years for the offences related to abuse of the State flag or national anthem;
  • -section 191: which provides for penalties of fines or correctional labour for up to one year for contempt of court; and
  • -section 212: which provides for penalties of fines or correctional labour for up to two years for insulting a representative of authority.
The Committee notes that the United Nations Human Rights Committee, in its concluding observations of April 2017, expressed its concern at: (i) the undue restrictions on access to the internet and disproportionate limitations on online content for vaguely and broadly defined activities provided for in the IDIS Law of 2014; and (ii) the continuous use of harassment, intimidation, torture, arbitrary arrests, detention and conviction of journalists, human rights activists or members of religious groups on reportedly politically motivated charges (CCPR/C/TKM/CO/2, paragraph 42). Referring to its 2012 General Survey on the fundamental Conventions (paragraphs 302 and 303), the Committee points out that the range of activities which must be protected from punishment involving compulsory labour, under Article 1(a), comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. It also emphasizes that the Convention does not prohibit the application of penalties involving compulsory labour to persons who use violence, incite violence or prepare acts of violence.  The Committee therefore requests the Government to take the necessary measures to ensure that no penalties involving compulsory labour, including compulsory prison labour, are imposed, in law and in practice, on persons who peacefully express views ideologically opposed to the established political, social or economic system, for example by clearly restricting the scope of sections 176(2), 177, 178, 191, 192 and 212 of the Criminal Code as well as section 30(3) of the Internet Development and Internet Services Law of 2014 to situations connected with the use of violence, or by repealing sanctions involving compulsory labour. The Committee requests the Government to provide information on any progress made in this regard, as well as information on the application in practice of the sections referred to above, specifying the number of prosecutions made under each provision and the types of penalties imposed.

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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.]

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. Prohibition of discrimination. Legislation. Noting that the Government report does not respond to its previous request for clarification, the Committee once again asks the Government: (i) to take the necessary steps to amend Law No. 363-V of 26 March 2016 on Public Service to ensure that civil servants are protected against discrimination on the ground of “colour”, and to clarify whether the term “origin” referred to in section 7 of the Labour Code and section 22(1) of Law No. 363-V covers “social origin” and “national extraction”; and (ii) to provide specific information on the extent to which the above-mentioned legislative provisions cover both direct and indirect discrimination, as well as all stages of the employment process, including access to vocational training, employment and particular occupations, and terms and conditions of employment.
Scope of application. Referring to its previous comments where it noted that the Labour Code excludes from its scope of application “other persons, as determined by law” (section 5(6)(3)), the Committee notes the Government’s indication that the workers concerned are officers and persons from other ranks in internal affairs agencies which are governed by the Law on Internal Affairs Agencies. The Government adds that these workers are protected in practice from protection against discrimination, as stipulated by the corresponding laws and regulations. The Committee takes note of the Government’s statement and requests it to provide a copy of this legislation.
Article 1(1)(a). Discrimination based on sex. Sexual harassment. Noting that the Government report does not provide information in this regard, the Committee asks once again the Government: (i) to take the necessary steps to ensure that all workers are protected in law and practice against all forms of sexual harassment in employment and occupation (both quid pro quo and hostile environment sexual harassment); (ii) to provide adequate means of redress; and (iii) to provide information on any proactive measures taken to prevent and prohibit sexual harassment at work, including through awareness-raising of workers, employers and their respective organizations, as well as on their impact.
Article 1(1)(b). Additional grounds. Disability. Further to the Committee previous requests concerning the employment of persons with disabilities, the Government indicates that the implementation of the Action Plan to ensure the full exercise of employment and occupation rights by persons with disabilities for 2017–20 is in progress and that the employment of people in particular need of social support, including persons with disability, is continuing in line with the regulations setting a quota of 2 to 5 per cent of jobs in enterprises to be filled by persons with disabilities. In that regard, the Committee notes that the statistics provided show a decrease in the rate of employment of persons with disability between 2018 (6 per cent), 2019 (5.4 per cent) and 2020 (2.7 per cent). The Government informs the Committee that it is in the process of establishing a State Register of Persons with Disabilities, which would include essential information on each person with disability in order to identify their employment-related needs. In the interest of facilitating vocational training for people with disabilities and widening their employment opportunities in both the public and private sectors, the Ministry of Healthcare and the Medical Industry, in consultation with the Ministry of Labour and Social Protection, have developed and adopted a practical guideline on the type of jobs and occupations available for people with disabilities. The Committee notes also the information provided by the Government on its efforts to widen the range of social services available for persons with disability. The Committee trusts the Government is implementing these measures in a non-discriminatory way. Accordingly, the Committee asks the Government: (i) to provide information on the results of the measures adopted in the framework of the Action Plan to ensure the full exercise of employment and occupation rights by persons with disabilities for 2017–20; and (ii) investigate the reasons for the drastic decrease in the number of persons with disabilities employed between 2018 and 2020 despite the implementation of a quota policy, and the measures taken or envisaged to remedy them. It also asks the Government to provide information on any steps taken to facilitate vocational training and promote employment opportunities for persons with disabilities, both in the public and private sectors. Finally, the Committee further asks the Government to provide information on the employment rates of persons with disabilities, disaggregated by sex, occupation and economic sector, as well as on any complaints regarding employment discrimination based on disability brought before the competent authorities, the sanctions imposed, and the remedies granted.
Article 1(2). Inherent requirements of a particular job. In response to the Committee’s request to provide examples of the implementation in practice of the concept of “inherent requirements of the job” mentioned in article 7(2) of the Labour Code, the Government refers to situations where job applicants have to undergo preliminary medical examinations or specific tests in order to be hired. In that regard, the Committee notes that section 6(2) of Law No. 264-V of 18 August 2015 on State Guarantees for Equal Rights and Equal Opportunities for Women and Men contains similar provisions (“any distinction in employment justified by inherent requirements of the job is not considered to be discrimination”) and that, pursuant to section 6(4) of the same law, the establishment of requirements for professional qualifications based on the ability to perform duties only by persons of a certain sex do not constitute discrimination. The Committee wishes to draw once again the Government’s attention to the fact that, women should have the right to pursue freely any job or profession, and that exceptions relating to inherent requirements of a particular job should be interpreted restrictively and on a case-by-case basis, objectively without reliance on stereotypes and negative prejudices about men’s and women’s roles (see the 2012 General Survey on the Fundamental Conventions, paragraph 788 and 819). The Committee asks again the Government to provide concrete examples of cases in which the concept of “inherent requirement of a particular job”, mentioned in the Labour Code and the Law No. 264-V has been applied in practice, including by providing any administrative or judicial decisions interpreting the concept of “inherent requirements of a particular job”. The Committee asks the Government to provide information on any steps taken, including in collaboration with employers’ and workers’ organizations, to ensure that the above-mentioned legislative provisions do not perpetuate gender stereotypes, nor lead in practice to direct or indirect discrimination against women.
Articles 2 and 3. Equality of opportunity and treatment of men and women. Previously the Committee requested the Government to strengthen its efforts to improve equality of opportunity and treatment between men and women in employment and occupation and to provide updated statistical information on the distribution of men and women, disaggregated by economic activity and occupation, both in the public and private sectors, as well as in the informal economy. The Government states that implementation of the National Action Plan for Gender Equality 2015–2020 (hereafter the ‘Gender Equality Action Plan 2015–2020’), the National Action Plan for Human Rights 2016–2020, the National Action Plan for the Implementation of Children’s Rights 2018–2022, the National Plan to Combat Trafficking in Persons 2020–2022, and programmes of measures to implement these plans, which cover various aspects of improving women’s situation, have allowed Turkmenistan to make significant progress in resolving the issues around the equal rights and opportunities of women and men. According to the evaluation of the Gender Equality Action Plan 2015–2020, the implementation brought about positive reforms to the issue of equality of opportunity and treatment between men and women in employment and occupation. The country noteworthy achievements in this field include reaching gender parity in educational enrolment, ensuring decent working conditions, strengthening women’s position in society and increasing women’s representation in elected office. The evaluation of the implementation of the Gender Equality Action Plan 2015–2020 determined that additional efforts were required to address the issues surrounding the improvement of national law, the promotion of positive social gender norms, the active participation of local government in the implementation of gender policy and the strengthening of the mechanisms for monitoring and evaluating all aspects of its implementation. The Government informs the Committee that the Gender Equality Action Plan 2021–2025 was approved by resolution of the President in December 2020 and includes seven strategic strands, inter alia, equal access to education, women and girl’s economic rights and opportunities, women’s participation at all levels, and the strengthening of the legislative framework and institutional mechanisms. The Committee notes from the statistical information provided by the Government that, in 2020, women accounted for 45.8 per cent of the labour force and 46.1 per cent of the employed; and remained concentrated in healthcare and social services, education, and manufacturing sectors, while tended to be employed in mining and quarrying, public administration and defence, water supply, wastewater treatment, waste management and material recovery. The Government indicates that, in education, gender imbalance is reducing at levels and that girls are increasingly acquiring skills in promising new fields such as technology, physics, maths, and digital technology. The Committee asks the Government to provide information on : (i) the specific measures adopted to implement the new Gender Equality Action Plan, 2021-2025 and the results obtained in terms of enhancing women’s economic empowerment and access to decision-making positions; and (ii) the concrete measures taken or envisaged to overcome the persistent obstacles faced by women in employment and occupation, such as horizontal and vertical gender segregation in the labour market and gender stereotypes and prejudices. Finally, it asks the Government to provide updated statistical information on the distribution of men and women, disaggregated by economic activity and occupation, both in the public and private sectors, as well as in the informal economy.
Reconciliation of work and family responsibilities. The Committee previously noted that section 243 of the Labour Code provides for specific measures for women workers with children, such as the prohibition of overtime, night work, work during weekends, public holidays and commemorative days, and travel restrictions, and that men with family responsibilities are only granted the same rights if they are responsible for children without a mother (section 249 of the Labour Code). Thus, it had asked the Government to take steps, in collaboration with the employers’ and workers’ organizations, to review and amend its legislation with a view to ensuring that arrangements and entitlements aimed at reconciling work and family responsibilities are made available to women and men on an equal footing. The Committee notes that, the Government confirms that section 249 of the Labour Code only applies to men who are bringing up their children without a mother (because she has died, forfeited her parental rights, is undergoing a lengthy stay in a medical facility, or is otherwise unavailable to care for her children). It adds however that: (1) section 97 of the Labour Code states that leave to care for children under the age of three may be granted to either a mother or a father who is looking after the child, as well as to the child’s official guardian, if the mother and father are unable to do so; and (2) section 246 entitles the parent who is caring for a child with disabilities under the age of 18 to an extra paid day off per month. The Committee asks again the Government to take steps, in collaboration with the employers’ and workers’ organizations, to review and amend its legislation with a view to ensuring non-discriminatory treatment to both men and women and that arrangements and entitlements aimed at reconciling work and family responsibilities are made available to both women and men on an equal footing. It also asks the Government to provide information, disaggregated by sex, on the number of men and women exercising the right to childcare leave set out in section 97 of the Labour Code, or requesting unpaid parental leave, flexible working time arrangements, reduced working hours or homework in order to better combine work with family responsibilities.
Equality of opportunity and treatment irrespective of race, colour and national extraction. Given the absence of legislative provisions expressly prohibiting discrimination in employment on the ground of “national extraction”, the Committee asked the Government to provide information on the concrete measures taken to prevent direct and indirect discrimination against members of ethnic minorities and migrant workers based on race, colour and national extraction in all aspect of employment and occupation. According to the Government, under section 3 of the Law on Migration (2012), migration in Turkmenistan is governed by the principle of the prohibition of infringement of the rights and freedoms of individuals on the grounds of ethnicity, race, sex, origin, property, official position, place of residence, language, attitude to religion, political convictions, membership or non-membership of any political party or other grounds. The Government adds that the Law on Refugees (2017), provides that a person who has been granted the status of refugee is entitled to employment, use of health and social welfare services, on an equal footing with Turkmen nationals, unless otherwise specified by law. The Committee wishes to recall that, in the context of the Convention, discrimination on the basis of race is generally examined together with discrimination based on colour, since “colour” is one of the ethnic characteristics that differentiate human beings; and that, under the Convention the term “race” includes any discrimination against linguistic communities or minority groups whose identity is based on religious or cultural characteristics or national or ethnic origin. The Committee also recalls that national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. The Committee therefore asks the Government to provide information on the concrete measures taken to prevent direct and indirect discrimination against members of ethnic minorities and migrant workers based on race, colour and national extraction in all aspects of employment and occupation, including in access to education in employment, in particular in the public sector. It also asks the Government to provide statistical information on the participation of members of ethnic minorities and migrant workers in the labour market, both in public and private sectors, as well as at all levels of education.
Article 3(a). Cooperation with employers’ and workers’ organizations. In this regard, the Committee notes the Government’s information that in October 2018, the Parliament (Mejlis) adopted the Law No.78-V0 setting up the Tripartite Commission for the Regulation of Social and Labour Relations, which main tasks are ,inter alia : (1) to conduct tripartite negotiations in compliance with labour law; (2) draft the annual General Agreement between the parties; (3) facilitate the regulation of social and labour regulations; (4) undertake consultations on drafts laws, regulations and state programmes concerning work, employment and social protection; and (5) study international protection and cooperate in this field with international organizations and bodies. The Committee observes that several meetings have been held and a work plan established for 2020. The Committee asks the Government to provide information on the activities carried out, in the framework of the Tripartite Commission for the Regulation of Social and Labour Relations, to promote the acceptance and observance of the national equality policy in employment and occupation.
Article 5. Restrictions on women’s employment. Previously, the Committee asked the Government to consider reviewing sections 7(2), 242(2) and 243 of the Labour Code and section 6(3) of Law No. 264-V to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection, and to provide information on any steps taken in this regard. The Committee notes the Government’s indication according to which, on 2 March 2019, section 243 of the Labour Code was amended to remove the existing prohibition on women’s employment in jobs with unsafe and/or unhealthy working conditions apart from in non-manual jobs or jobs in cleaning and staff welfare services. The Government adds that the Labour Code protects pregnant women and women who have children under the age of 18 months. While noting the information about the removal of the restrictions on women’s employment, the Committee asks the Government to provide a copy of the new text of sections 7(2), 242(2) and 243 of the Labour Code and section 6(3) of Law No.264-V to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection.
Enforcement and awareness-raising. In response to the Committee request for information on any awareness-raising activities on the principle of the Convention and assessment of the implementation of the legislative provisions and policy measures, the Government indicates that, in 2020, the Office of the Ombudsperson received 47 written communications (16 per cent of the total) and 29 verbal communications (12.8 per cent of the total) on employment related matters; most were connected with hiring, and as a result, disciplinary penalties were imposed on three officials. The Committee notes however that the Government does not indicate whether these cases concerned discrimination. The Government further adds that, under article 33 of the Law 476-V of 23 November 2016, one of the Ombudsperson’s priority areas of work is to assist in raising the public’s awareness of human rights. To this end, over the last three years, she has organized 18 seminars in every province to inform the public about national and international human rights law, including women’s rights, jointly with United Nations agencies and the Organization for Security and Co-operation in Europe. The Committee asks the Government to provide information on: (i) any awareness-raising activities on the provisions of the Convention and the legal framework in force regarding discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, undertaken in collaboration with employers’ and workers’ organizations; and (ii) any cases of discrimination dealt with by the labour inspectors, the Ombudsman, the courts or any other enforcement authorities, specifying the sanctions imposed and the remedies granted.

C185 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the 2016 amendments to the Annexes of the Convention entered into force for Turkmenistan on 8 June 2017.
The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in seafarers’ identity documents from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303. The Committee recalls in this regard the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. The Committee notes that these problems have dramatically increased as a result of the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic.
Article 1 of the Convention. Definition of seafarers. In its previous comment, the Committee requested information on the definition of the term “seafarer”. The Committee notes that, in its report, the Government indicates that paragraph 2 of the Regulations on Seafarers’ Identity Documents of Turkmenistan (“the SID Regulations”) defines a SID as a document which confirms the identity of a person who works on board a maritime vessel (other than a ship of war or a military support vessel), a maritime fishing vessel, or a river-sea vessel, used for merchant shipping, and which contains information on the seafarer’s work as a member of a vessel’s crew. The Committee observes that this information concerns the definition of a SID and not a “seafarer”. The Committee takes note of this information.
Article 3. Content and form of seafarers’ identity documents. Noting that, according to the description of the Turkmenistan SID, approved by Order No. 13358 of the President of Turkmenistan, issued on 6 December 2013, before the adoption of the 2016 amendments to the Annexes of the Convention, the SID not only contains the information related to the identity of seafarers but also to their record of employment, the Committee requested the Government to ensure conformity with the requirements of Article 3. In the absence of new information by the Government, the Committee reiterates its request recalling that the inclusion of information related to the employment or training of the seafarer is not in conformity with the Convention. The Committee requests the Government to take the necessary measures to issue a new SID fully compliant with the amended version of the Convention and to provide a specimen of the new SID when available.
Article 4. National electronic database. In its previous comment, the Committee noted the Government’s indication that an electronic secured database system was currently being developed to meet the requirements of Article 4 of the Convention. In this regard, the Committee notes the Government’s indication that the State Service for Maritime and River Transport is still working on the development of such system. Noting the Government’s ongoing preparations for setting up a secured SID issuance and authentication system, the Committee requests the Government to provide information on any development in this regard.
Article 6, paragraph 4. Facilitation of shore leave and transit and transfer of seafarers. The Committee observed that paragraph 6 of the SID Regulations does not explicitly refer to the possibility for a seafarer holding a valid SID in conformity with the Convention to enter the Turkmen territory for temporary shore leave. In the absence of information in this regard, the Committee requests the Government to indicate how it ensures conformity with this requirement of the Convention.

Adopted by the CEACR in 2020

C182 - 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.

C182 - 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.

Adopted by the CEACR in 2019

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 3(2) of the Convention. Determination of hazardous work. The Committee previously noted the Government’s indication that a list of work and occupations with harmful and hazardous working conditions prohibited to children under 18 years was being developed. It requested the Government to provide information on any progress made with regard to the finalization and adoption of this list.
The Committee notes with satisfaction that the Ministry of Labour and Social Protection, in agreement with the Ministry of Health and Medical Industry and the State Standards Service, adopted Decree No. 87 of 2018 which contains a comprehensive list of hazardous types of jobs and occupations that are prohibited to children under the age of 18 years. This list contains 42 sectors with more than 2600 activities including: work related to carrying or moving weights; work in underground mines, tunnels, open pits; metal and non-metal production and processing-related works; work in power plants, thermal power plants, electricity; drilling oil, gas, petroleum and its production; chemical production; work in shipyards and aviation industry; construction works; forestry; wood processing, textile and garments; paper and pulp industries; leather works; food industry; production of alcoholic products; communication; agriculture; handicrafts, jewellery and art works; healthcare sector and municipal services. The Committee requests the Government to provide information on the application in practice of Decree No. 87 of 2018, including statistics on the number and nature of violations reported and penalties imposed.
The Committee is raising other matters in a request addressed directly to the Government.

C138 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee expressed the hope that the draft National Action Plan for Children’s Rights (NAPC), which was being developed, would contain specific measures for the effective elimination of child labour and that it would be adopted in the near future.
The Committee notes the Government’s information in its report that the NAPC was adopted in June 2018. The NAPC comprises six thematic sections including, ensuring children’s rights to education and development by providing quality education and social support; improving living conditions and ensuring the economic well-being of children and their families; and protecting the rights of all children to live free of violence, exploitation and cruel or degrading treatment. The Committee requests the Government to provide information on the specific measures taken, within the framework of the NAPC, to eliminate child labour.
Article 7(3). Determination of light work. In its previous comments, the Committee noted that, according to section 23(2) of the Labour Code, a contract of employment may be concluded with a person who has reached the age of 15 years with the consent of a parent or guardian, and that the working hours for employees under the age of 16 years shall not exceed 24 hours per week (sections 23(5) and 60). It requested the Government to indicate the measures taken or envisaged to determine the light work activities which may be permitted to children of at least 15 years of age, pursuant to Article 7(3) of the Convention.
The Committee notes that the Government’s report refers to the conditions for concluding an employment contract with persons under the age of 18 years and does not provide information concerning the determination of light work activities permitted to children of at least 15 years of age. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to determine light work activities that are permitted to children of 15 years and above, pursuant to Article 7(3) of the Convention.
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