Observación (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee has taken note of the Government's reports received in November 1995 and October 1997 and of the comments of the Confederation of Turkish Trade Unions (TURK-IS) and the Confederation of Turkish Employers' Associations (TISK).

I. Article 1 (c) of the Convention. 1. With reference to its earlier comments, the Committee notes with interest from the Government's latest report that the Government has submitted to Parliament a Bill amending section 1467 of the Commercial Code (No. 6762 of 29 June 1956), which empowers the master of a ship to use force to bring deserting seafarers back on board to perform their duties. According to the report, the powers of the master under section 1467 would be limited by the Bill to circumstances jeopardizing the safety of the ship or the lives of the passengers and the crew. TISK has referred on this point to the Maritime Labour Law, No. 854, section 14/II of which is said to regulate the conditions under which seafarers can terminate their contracts of employment without prior notice. The Committee requests the Government to supply a copy of the texts in question with its next report.

II. Article 1(b). 2. The Committee has noted the observation of TURK-IS, that Council of Ministers Resolution No. 87/11945 of 12 July 1987 provides that conscripts in excess of the needs of the military can be obliged to work in public undertakings in lieu of military service, without their consent and under military discipline. The Government states, with reference to article 72 of the Constitution of Turkey, that national service, which is the right and duty of every citizen, may be performed either in the Armed Forces or in the public service. The Government also indicates in its 1997 report on Convention No. 29 supplied under article 19 of the ILO Constitution, that the Military Service Act No. 1111 contains provisions according to which the persons liable to perform military service who are to be posted to public institutions and bodies are determined by lot from among the persons remaining after subtraction of those wishing to pay cash.

3. The Committee wishes to draw the Government's attention to paragraphs 49 to 54 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that "the Conference has rejected the practice of making young people participate in development activities as part of their compulsory military service or instead of it, as being incompatible with the forced labour Conventions"; even where young people engaged in economic development work or work of general interest as part of their compulsory national service are volunteers, and even where such volunteers are excused from compulsory military service, "this should take the form of an exemption and not be used as a means of pressure so that a civic service can recruit a number of people for whom there would in any case not be any place in the armed forces".

4. The Committee requests the Government to supply, with its next report, copies of Resolution No. 87/11945 and the Military Service Act No. 1111, as well as information on their application in practice: for example, what kinds of work the conscripts have to do in lieu of military service, the number of conscripts performing work in the public service, and their proportion in relation to the overall number of conscripts.

III. 5. TISK and TURK-IS have referred to article 18 of the Turkish Constitution, concerning the prohibition of forced labour. TISK considers that labour law and civil service law provisions similarly show that there is no question of forced or compulsory labour in Turkey in terms of Article 1 of the Convention. The view of TURK-IS, though, is that the second paragraph of article 18 violates Article 1(a) and (b), since it states that employment under conditions and procedures determined by law during a prison sentence or detention, or services demanded of citizens at times of emergency, or physical or intellectual work considered as part of citizens' duties in areas determined by the nation's needs, are not considered as forced labour.

6. The Committee would be grateful if the Government would clarify the effect given to the provisions quoted by TURK-IS in relation to any compulsory work carried on in prisons in conditions falling under Article 1.

IV. Part III of the report form. 7. The Committee has noted the view of TISK that it would be appropriate for the Government to provide further information on the work of the inspection services in respect to the legislation applying the Convention. It would be glad if the Government would do so.