Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 (paragraph 1), 2 (paragraph 1), and 25 of the Convention. Trafficking in persons for the purpose of sexual exploitation. The Committee previously noted a communication received in December 2003 from the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation). In that communication, the ICFTU focused its concern on the trafficking of women and children. It observed that:

–      Turkey is both a transit and a destination country for trafficked persons;

–      most women and girls whose destination is Turkey come from the Russian Federation, Republic of Moldova, Romania, Georgia, Ukraine, Armenia, Azerbaijan and Uzbekistan;

–      Turkey provides transit mainly for women from Central Asia, Africa, the Middle East and former Yugoslavia to other countries in Europe; and

–      most victims of trafficking find themselves forced into prostitution and some into debt bondage.

The Committee notes, under the new Penal Code (Act No. 5237 of 2004), that:

–      trafficking in persons for the purpose of subjecting them to forced labour or to slave-like conditions is punishable with a sentence of imprisonment of eight to 12 years (section 80);

–      the employment of homeless, helpless or dependent persons without payment or for substandard wages or forcibly subjecting them to inhumane working and living conditions is punishable by a term of imprisonment of six months to three years (section 117(2)); and

–      trafficking for the purpose of prostitution is punishable by a term of two to four years’ imprisonment (section 227(3)).

The Committee asks the Government in its next report to supply information concerning the application and enforcement of sections 80, 117(2), and 227(3) of the Penal Code, including statistical data and other information about investigations and prosecutions, as well as convictions and sentencing outcomes in cases of convictions.

The Committee notes the reference by the Government to other measures it has taken, including among other things:

–      training and awareness-raising seminars for law enforcement officers, organized in collaboration with the International Organization for Migration (IOM);

–      implementation, within the framework of financial cooperation between Turkey and the European Union and under the coordination of the General Directorate of Security, a “Project for enhancement of the institutional capacity with a view to combating trafficking in human beings”;

–      the conclusion on 24 September 2004 of a bilateral “Memorandum of Understanding for cooperation in the struggle against human trafficking and illegal migration” with the Republic of Belarus as a source country; and

–      the launching of a national emergency hotline and call service for use by victims of trafficking, as well as initiatives to establish women’s trafficking shelters in Ankara and other cities.

The Committee asks the Government to supply information in its next report on the progress of these measures and information on any more recent measures taken or contemplated to combat trafficking in persons for purposes of sexual exploitation or other forms of forced labour, including updated information on police training and other efforts to improve law enforcement capacity in relation to trafficking; as well as on efforts to strengthen intergovernmental cooperation on trafficking cases, particularly with source countries.

The Committee notes the indication of the Government that application of the regulations implementing the Work Permit for Foreign Workers Act (No. 4817 of 2003), particularly sections 7, 12, and 22 of the Act, has entailed the imposition of new obligations that are aimed at combating trafficking in persons. The Government indicated that copies of these provisions were attached to the report in an “Annex 2”; however, the annex does not appear to have been included, and the Committee asks the Government to supply a copy with its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.