Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with satisfaction that the 1998 “Regulations on the administration of penitentiaries and work centres of detention centres and administration, accounting and bidding of work centres” and the 1967 “Regulations pertaining to the administration of penitentiaries and detention centres and to the execution of sentences”, under which prison labour was compulsory for both convicted and remand prisoners, were repealed, respectively, by the Regulation on the Administration and Bidding of Penitentiaries and Work Centres of Detention Institutions, adopted in December 2005 and the Regulation on Administration of Penitentiaries and Execution of Sentences, adopted in 2006.

The Committee had previously noted the adoption of section 114 of the Act on the Execution of Sentences and Security Measures (No. 5275 of December 2004), under which prisoners awaiting trial or detained without trial may not be compelled to work.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted a communication received from the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation (ITUC)), which pointed out the gravity and extent of the practice of trafficking in persons in Turkey. The Committee had also noted the information provided by the Government on measures adopted to combat this phenomenon. The Committee requested the Government to provide further information on measures taken to strengthen action against trafficking in persons, particularly with regard to prevention and protection measures, supplying information on intergovernmental cooperation, police training and other efforts to improve law enforcement, as well as on convictions and sentences imposed.

The Committee notes the comments on the application of the Convention by Turkey, made by the Turkish Confederation of Employers’ Associations (TÏSK), which concerned, inter alia, the measures taken by the Government to combat trafficking in persons.

The Committee notes the Government’s indications in its report concerning the amendments made to certain legislative acts, such as the Work Permit for Foreign Workers Act (No. 4817 of 2003), the Citizenship Law and the Highway Transportation Law, which introduced certain measures aiming at the prevention of trafficking as an organized crime.

The Committee notes the information in the Government’s report concerning other measures it has taken, which include, inter alia, the following:

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

–      implementation, in collaboration with the European Union, of a project on “Strengthening the institutional capacity with a view to combating trafficking in human beings”, that resulted in an action plan determining the activities and targets for the beneficiary institutions and organizations in the short-, medium- and long-term perspective; and which is waiting to be signed for approval;

–      bilateral agreements to combat human trafficking in cooperation with source countries such as Belarus, Georgia, Azerbaijan, Ukraine, Republic of Moldova and Kyrgyzstan;

–      bilateral “cooperation protocols” signed by the General Directorate of Security and national NGOs, aiming at improving the capacity to identify and provide assistance to potential sex trafficking victims, and establishing “victims’ shelter houses” in various municipalities;

–      the launching in 2009 of a project, within the framework of financial cooperation with the Swedish International Development Agency (SIDA), with a view to building the capacity of local NGOs at the provincial level to improve victims’ identification, and contributing to the implementation of a national action plan.

The Committee further notes the information provided by the Government in its report concerning the amendment of section 80 of the Turkish Penal Code in 2006 so as to include forced prostitution in the human trafficking definition. It also notes the information in the Government’s report on recent law enforcement efforts, including the references to judicial cases involving the arrest, prosecution and punishment of perpetrators. The Committee hopes that the Government will continue to provide information on progress on the above measures, as well as information on any other measures taken or contemplated to prevent, suppress and punish trafficking in persons. In particular, please continue to provide information concerning the application in practice of sections 80, 117(2) and 227(3) of the Penal Code, including information on convictions, and supplying sample copies of the relevant court decisions.