Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Türkiye (Ratificación : 1998)

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TİSK), the Confederation of Turkish Trade Unions (TURK-IS), and the Confederation of Progressive Trade Unions of Turkey (DISK) communicated with the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Institutional framework and coordination. The Committee notes, from the Government’s report, that the Coordination Board for Combating Human Trafficking, replacing the previous Coordination Commission for Combating Human Trafficking, conducts meetings every year in order to effectively strengthen coordination and cooperation between institutions and organizations. Furthermore, the Committee notes that the Human Rights and Equality Institution of Türkiye (TİHEK) has been designated as the National Rapporteur Agency to examine and report the activities carried out in combating human trafficking and to monitor and evaluate the implementation of the activities undertaken in this regard. The Committee welcomes the first report of the TİHEK, which highlights the need for: (i) developing a third comprehensive National Action Plan against Trafficking in Persons, clearly defining the responsibilities of all stakeholders; (ii) enhancing inter-institutional cooperation to identify victims of trafficking, including among migrants in situations of irregularity; and (iii) providing regular, systematic training on trafficking in persons across all levels.

The Committee requests the Government to continue its efforts to combat trafficking in persons, including taking the necessary measures to ensure the adoption and effective implementation of a third National Action Plan against Trafficking in Persons. It requests the Government to provide information on the activities of the Coordination Board for Combating Human Trafficking, as well as any additional assessments conducted by the TİHEK concerning anti-trafficking initiatives.

2. Prosecution and application of penalties. In response to its previous comments, the Committee notes the detailed information provided by the Government on various training activities on combating trafficking in persons carried out for the gendarmerie and coast guard personnel, judges, prosecutors and labour inspectors. The Government also indicates that, to address the issue of trafficking in persons, the Department of Border Gates and Combating Immigrant Smuggling (DBG and CIS) of the Directorate General of Security conducts investigations into individuals previously identified as suspects in human trafficking-related crimes to assess whether they remain involved in such activities. Moreover, in 2021–22, the DBG and the CIS, in coordination with the Ministry of Labour and Social Security, carried out unannounced inspections at various entertainment venues to prevent trafficking in persons.

The Committee notes the TİSK’s observation that, in 2019, the offences of trafficking in persons and facilitating unlawful immigration were added to the list of offences under section 100 of the Criminal Procedure Law, which outlines grounds for arrest with a warrant. This amendment enables the detention of a suspect when concrete evidence of their involvement in such crimes exists, thereby increasing the deterrent effect by detention during the investigation phase.

The Committee further notes, from the Government’s report, that under section 80 of the Penal Code, 1,726 cases related to trafficking in persons were filed against 2,224 suspects between 2020 and 2023. These cases resulted in 154 convictions and 756 acquittals, while the remaining concluded with other verdicts. The Committee notes that the Government has not provided any information regarding the penalties imposed in these cases. In this regard, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women, in its 2022 concluding observations, expressed its concern at the under-reporting of and low conviction rates in trafficking cases (CEDAW/C/TUR/CO/8).

The Committee requests the Government to continue taking measures to strengthen the capacity of law enforcement bodies to effectively identify cases of trafficking in persons, and to conduct thorough investigations to gather the evidence required for the prosecution and conviction of perpetrators. In this regard, it requests the Government to continue to provide information on the training and capacity-building of law enforcement authorities, as well as on measures to ensure greater coordination among these bodies. It also requests the Government to continue providing information on the number of prosecutions, convictions and specific penalties applied pursuant to section 80 of the Penal Code.

3. Protection and assistance for victims. The Committee notes the Government’s information that, pursuant to a 2022 Decision of the Coordination Board, anti-trafficking liaison officers were appointed by the Provincial Commands of Gendarmerie in 81 provinces. These officers are tasked with establishing a cooperation mechanism with other public institutions and organizations to facilitate the identification of individuals considered victims of human trafficking and to ensure the delivery of support services to them. Over 51,000 brochures and information documents on various aspects of trafficking in persons, including guidance for interviewing and approaching victims of trafficking, were prepared and shared with 81 Provincial Commands of Gendarmerie in order to provide information and raise the awareness of personnel. According to the data provided by the Government, from 2020 until the first half of 2023, a total of 1,152 victims of trafficking (including 932 women and 220 men) were identified. Of these, 441 victims received assistance from victim support programmes, while 235 benefited from the Voluntary and Safe Return Programme. The Government further indicates that there are currently two shelters for foreign victims of trafficking, with ongoing efforts to establish two more shelters by the end of 2024.

The Committee also notes the Government’s information that the emergency helpline 157 for victims of trafficking has expanded its service network and is now operating under the name of Foreigners Communication Centre (YIMER-ALO 157) enabling it to provide multilingual information, support and assistance to foreigners. This includes information on issues related to visas and residence permits, international and temporary protection, and services for foreigners who are victims of migrant smuggling at sea, the identification of victims of human trafficking and rescue operations. According to the Government’s report, this service has had a significant impact, resulting in the rescue of 596 victims in 2020, 637 victims in 2021, 1,024 victims in 2022, and 265 victims in the first half of 2023.

The Committee encourages the Government to pursue its efforts to ensure that victims of trafficking in persons are provided with protection and assistance for their rehabilitation and recovery. It requests the Government to provide information on the action taken in this regard by the anti-trafficking liaison officers and its impact on the identification of victims of trafficking. It further requests the Government to continue to provide information on the victims of trafficking in persons identified and rescued, and to provide information on the protection and assistance they received (including temporary residence permits and recovery periods).

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