CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Turkmenistan (RATIFICATION: 1997)

Other comments on C087

Observation

2022

Direct Request

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, referring to the issues examined by the Committee below and questioning the independence of the trade union movement in the country. The Committee requests the Government to provide its comments thereon as well as on the 2018 observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations alleging grave violations of civil liberties and of the Convention in practice.

The Committee notes the Law on Industrialists and Entrepreneurs of 2019 and will examine its conformity with the Convention once its translation becomes available.

Article 3 of the Convention. Right of organizations to organize their administration, without interference by the public authorities. The Committee had previously noted that pursuant to section 27(3) of the Law on Public Associations, insofar as it applies to employers’ organizations, public associations must, upon a request from the Ministry of Justice, submit copies of decisions taken by their governing bodies and officers, as well as reports about their operations. A similar provision is contained in section 16(2) of the Law on Trade Unions. The Committee had requested the Government to amend these provisions as they give the authorities powers of control that go beyond those acceptable under the Convention. The Committee regrets that the Government’s reply, while extensive, is limited to general statements regarding the prohibition on the authorities to interfere in the activities of public associations and to indicating merely that such interference is permitted only in cases that are specifically prescribed by the respective laws. The Committee once again recalls that the supervision of workers’ and employers’ organizations should be limited to the obligation of submitting periodic financial reports or, if there are serious grounds for believing that the actions of an organization are contrary to its rules or the law (which should not infringe the principles of freedom of association), such verification should be limited to exceptional cases, for example, in order to investigate a complaint, or if there have been allegations of embezzlement, and should not take the form of permanent control by the authorities. Both the substance and the procedure of such verifications should always be subject to review by the competent judicial authority affording every guarantee of impartiality and objectivity. The Committee therefore urges the Government to take all necessary steps to amend section 16(2) of the Law on Trade Unions and 27(3) of the Law on Public Associations, in so far as it applies to employers’ organizations, so as to ensure the application of the principles set forth above. The Committee requests the Government to provide information on all progress made in this respect.

Right to strike. In its previous comments, the Committee had noted that the provisions of the Labour Code concerning collective labour disputes did not refer to the right to strike; that according to the Government, collective labour disputes were resolved through mediation or in case of a failure, in courts; and that the parties could not refuse to participate in dispute resolution procedures. The Committee considered in this respect that while strike action was not an end in itself, it was an essential means available to workers and their organizations to protect their interests. The Committee further considered that insofar as compulsory arbitration, including through judicial proceedings, prevents strike action, it was contrary to the right of trade unions to organize freely their activities and could only be justified in the public service for public servants exercising authority in the name of the State or in essential services in the strict sense of the term, that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee had requested the Government to take the necessary measures, in consultation with the social partners, in order to ensure the application of this principle in law and in practice. The Committee notes with regret that the Government did not provide any information on this matter. The Committee is therefore bound to reiterate its previous request. The Committee expects the Government to provide information on all steps taken or envisaged in this respect.