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Forced Labour Convention, 1930 (No. 29) - Turkmenistan (RATIFICATION: 1997)

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee takes note of the Government’s indication in its report regarding the implementation of the National Action Plan (NAP) on Combating Trafficking in Persons (NAP) for 2020–22, developed with the assistance of the United Nations International Organization for Migration (IOM). The Committee notes that the NAP for 2020–22 covers different measures as regards (i) coordination, monitoring and evaluation of activities on combatting trafficking in persons; (ii) improvement of the regulatory framework; (iii) strengthening capacity-building of relevant specialists; (iv) prevention by raising awareness and reducing vulnerability; (v) assistance and support through timely identification of victims and their rehabilitation and reintegration; vi) investigation and prosecution; and vii) international cooperation. The Government further indicates that various seminars and workshops on combatting trafficking in persons have been carried out. In 2022, a compendium of the national legal instruments on trafficking in persons was prepared and published, in collaboration with the IOM. The Government also indicates the 2022 amendments to section 128 “Trafficking in persons” of the Criminal Code, which introduced additional aggravating circumstances, such as committing trafficking in persons offences by a representative of authority through the use of official powers, or with the seizure, concealment or destruction of victims’ identity documents. The Committee requests the Government to provide information on any monitoring and evaluation of the results achieved in the implementation of the NAP for 2020–22 and the difficulties encountered. It further requests the Government to provide data on the number of victims of trafficking who have been identified and the nature of the assistance services provided to them. Lastly, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties imposed under section 128 of the Criminal Code.

Articles 1(1) and 2(1). Freedom of career military personnel to leave their service. The Government indicates that, to date, there have been no cases of refusal of requests from military officials for early discharge from service due to personal circumstances. The Committee requests the Government to continue to provide information on the number of applications to resign submitted by military officials, the number of refusals and the grounds for refusal.

Article 2(2)(c). Work of prisoners for private enterprises and sentence of corrective labour. The Committee welcomes the Government’s indication concerning the drafting of a Bill amending section 8 of the Labour Code to ensure that convicted persons who are required to perform work by court decision may not be assigned to or placed at the disposal of private individuals, companies or associations. The Government further indicates that section 8 of the Labour Code will be supplemented by a legislative provision stipulating that a convicted person, with his/her informed and voluntary consent, may work in private entities, on a proposal of the employment service. The Committee hopes that the Bill amending section 8 of the Labour Code will be adopted in the near future to ensure that convicts, sentenced to corrective labour or imprisonment, give their free, formal, and informed consent before working for the benefit of private enterprises.