CMNT_TITLE

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

Other comments on C105

Observation

Direct Request

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Penal sanctions involving compulsory labour. The Committee refers to its comments made on the application of the Forced Labour Convention, 1930 (No. 29), where it noted the Government’s indication that, pursuant to section 76 of the Penal Enforcement Code, every convicted person has to work in the place and job specified by the administration of the penal institution. Noting that, according to the above referred provision, penal sanctions such as corrective labour and imprisonment involve compulsory labour, the Committee again requests the Government to indicate whether the imposition of an administrative arrest may involve the obligation to perform community work or any other form of compulsory work.

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. The Committee notes the Government’s statement that, pursuant to section 50 of the Merchant Shipping Code, the conditions of employment of seafarers are regulated by the above referred Code, the Service Aboard Vessels Regulations and the Disciplinary Regulations approved by the Cabinet of Ministers, according to which a captain may discipline members of the crew. The Committee requests the Government to indicate which sanctions are applicable to seafarers in cases of breach of labour discipline, specifying if such sanctions involve compulsory labour.

Article 1(d). Sanctions involving compulsory labour for participation in strikes. In its previous comments, the Committee noted the Government’s indication that, since the independence of Turkmenistan, the country has not experienced any strike actions. Noting the Government’s statement that section 16 of the Civil Service Act prohibits strikes from civil servants, the Committee refers to its comments made on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), where it noted further restrictions on the right to strike. While noting that the provisions of the Labour Code concerning collective labour disputes do not refer to the right to strike, the Committee requests the Government to provide information on the sanctions that might be imposed on workers who participate in strikes, more particularly in the civil service.

Communication of texts. While noting that the Government ratified the Convention in 1997, the Committee notes with regret that the Government did not provide a copy of the national legislation previously requested by the Committee. It draws the Government’s attention to the importance of providing a copy of its relevant national legislation, so as to enable the Committee to effectively assess the application of the present Convention in Turkmenistan. The Committee therefore once again requests the Government to supply, with its next report, copies of the following legislation: the laws governing the press and other media; the provisions regulating the exercise of the right to strike and essential services, as well as the applicable sanctions for participation in strikes; and the Merchant Shipping Code of 23 October 2008 and the Disciplinary Regulations approved by the Cabinet of Ministers.

[The Government is asked to supply full particulars to the Conference at its 105th Session and to reply in detail to the present comments in 2016.]