Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Forced Labour Convention, 1930 (No. 29) - Türkiye (Ratification: 1998)

Other comments on C029

Observation

Direct Request

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The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TİSK) received on 8 August 2016.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously noted the information from the International Trade Union Confederation (ITUC) that most of the trafficking cases occurring in the country related to prostitution of women from Eastern Europe and forced labour of persons from Central Asia. The Committee also noted the indication of TİSK that progress had been achieved with regard to bring traffickers to court and reducing the acquittal rate. The Committee also noted the Government’s information regarding the application of section 227(3) of the Penal Code (prohibiting sending a person in or out of the country for the purpose of prostitution) that out of the 177 decisions handed down in 2011 and 2012, 23 persons were convicted. The Government also indicated that from the 166 cases concluded under section 80 of the Penal Code (on human trafficking) in 2011 and 2012, involving 912 suspects, 70 persons were sentenced to imprisonment. The Committee further noted that the UN Human Rights Committee expressed its concern that only a few cases of human trafficking had resulted in investigations, prosecution and sentences.

The Committee notes the statement in the communication of TİSK that the Government has ratified the Council of Europe Convention on Action against Trafficking in Human Beings in 2016. TİSK also indicates that Turkey has signed cooperation protocols in the field of combatting human trafficking with Belarus, Georgia, Kyrgyzstan, the Republic of Moldova and Ukraine.

The Committee notes the Government information in its report that under section 80 of the Penal Code, in 2013, out of 564 suspects involved in 126 adjudicated cases, 331 were acquitted; in 2014, out of 394 suspects involved in 91 adjudicated cases, 292 were acquitted; in 2015, out of 514 suspects involved in 119 adjudicated cases, 330 were acquitted; and in the first quarter of 2016, out of 148 suspects involved in 28 adjudicated cases, 118 were acquitted. The Committee further notes that, pursuant to section 227(3) of the Penal Code, in 2014, there were ten convictions out of 52 court decisions given; while in 2013, there were only three convictions out of 18 court decisions given. The Government also indicates that, the Turkish National Police (Directorate General of Security) and the General Command of Gendarmerie have both set up in their organizational structure a special department to “combat migrant smuggling and human trafficking”, and that this subject is included in the training programs of their recruits and personnel. The Committee further notes that the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) expresses its concern at the limited capacity and inter-institutional coordination of anti-trafficking efforts in its concluding observations of 31 May 2016 (CMW/C/TUR/CO/1, paragraph 83). The Committee notes with concern the low number of convictions regarding trafficking in persons, despite the significant number of cases brought to justice. The Committee accordingly urges the Government to strengthen its efforts to ensure that all persons who engage in trafficking are subject to prosecution and that in practice, sufficiently effective and dissuasive penalties of imprisonment are imposed. The Committee further requests the Government to continue providing information on measures taken in this regard, including training and capacity building of law enforcement authorities, as well as on the results achieved. It also requests the Government to continue providing information on the number of prosecutions, convictions and specific penalties applied pursuant to sections 80 and 227(3) of the Penal Code.

2. Protection and assistance for victims. The Committee previously noted the information from the ITUC that law enforcement officials make insufficient use of trafficking victim identification procedures and that many such victims are detained and deported. The ITUC also indicated that the Government does not operate any victim shelters and does not provide adequate resources to non governmental centres that offer assistance and services. The Committee also noted the statement in the communication of TİSK that the Government had adopted a victims-focused approach to addressing trafficking by taking legislative and administrative measures to combat this crime. TİSK indicated that shelters for human trafficking victims were operating in Ankara and Istanbul, as well as a hostel for this purpose in Antalya. In this regard, the Committee noted the Government’s statement that the Ministry of Foreign Affairs had provided funding to these shelters for the period of 2014–16. The Government also stated that victims of human trafficking were provided with humanitarian visas for a period of six months. The safe and voluntary return of victims was ensured through cooperation between the police, the International Organization for Migration, liaison agencies in countries of origin and non-governmental organizations.

The Committee notes the statement in the communication of TİSK that joint operations are held in the framework of cooperation between the Ministry of Interior and countries that are source countries for human trafficking. TİSK also indicates that bilateral cooperation protocols have been signed by the Directorate General for Security in the Ministry of Interior with civil society organizations regarding the identification of victims and the follow-up process.

The Committee notes the Government’s information that, victim identification procedures are systematized anew with the enactment of the Law on Foreigners and International Protection (No. 6458) 2013. Moreover, the Regulation of Combatting Human Trafficking and Protection of Victims was adopted in 2016, setting forth the procedures and principles for the prevention of human trafficking and protection of victims regardless of their nationality. Accordingly, foreign victims are provided with residence permits for a duration of six months, extendable up to three years, and those who wish to leave Turkey are repatriated to their country of origin or to a safe third country under the “Voluntary and Safe Return Programme”. Victims are also provided supporting services through “Victim Support Programmes”, including the provision of shelter homes or safe houses, health services, psychosocial help and legal assistance, among others. The Committee also notes that, a committee on the coordination of combatting human trafficking and affiliated provincial committees are monitoring mechanisms under the Regulation 2016. The Committee further notes that, 102 victims were identified from 1 January to 14 July 2016, while 108 were identified in 2015. Additional, 87 victims were sheltered from 1 January to 14 July 2016, and 69 were sheltered in 2015, either in special shelter houses of the Directorate-General of Migration Management for human trafficking victims, or in shelters located in provinces run by the Ministry of Family and Social Policies. Noting the number of victims of trafficking identified in the country, and the various measures taken by the Government to protect them, the Committee welcomes the enactment of new laws in this regard, and requests the Government to provide information on their application in practice with regard to the identification of victims and the provision of protection and assistance to such victims, including the number of persons benefiting from related services.

The Committee is raising other matters in a request addressed directly to the Government.