Caso individual (CAS) - Discusión: 2021, Publicación: 109ª reunión CIT (2021)

Written information provided by the Government

Response to the observations of the ITUC

The observations of the International Trade Union Confederation (ITUC) on the widespread use by the State of forced labour in cotton harvesting are groundless and do not reflect the real situation and, most importantly, recent achievements in law and in practice aimed at:

1. preventing forced labour in general and in particular in cotton harvesting;

2. the mechanization of cotton harvesting to reduce manual harvesting. Information on ongoing work on both dimensions is provided below.

Clarification on the State of Emergency Law

The Act on the legal regime governing emergencies of 1990 was voided by the State of Emergency Law of 2013. However neither the Act on the legal regime governing emergencies of 1990 nor the State of Emergency Law of 2013 refer to or use the notion of “needs of economic development”, which is mentioned in the CEACR’s observations.

Preventing forced labour

Legal norms

An important step in this direction is the fact that the Constitutional Law of 2016 introduces in the new version of the Constitution of Turkmenistan a rule prohibiting forced labour and the worst forms of child labour.

National programme documents

National Plan of Action on Human Rights for 2021–25

By the decree of the President of Turkmenistan of 16 April 2021, the National Action Plan on Human Rights for 2021–25 (NAPHR) was adopted.

Lessons from the Plan for the previous five-year period (2016–20) and international best practices were taken into account while drafting the Plan – a process which involved a wide range of stakeholders, including government agencies, non-governmental organizations, civil society organizations, academia and international organizations.

The current NAPHR includes a special section on “Freedom of Labour” in the chapter on “Social, Economic and Cultural Rights” which foresees measures aimed at:

- improving the legislation on the prohibition of forced labour;

- cooperation with the International Labour Organization on the issue of preventing forced labour;

- the development of measures to prevent the use of forced labour, including by ensuring compliance with legislation and strengthening control over its observance;

- ensuring the right of workers to join trade unions;

- bringing trade union legislation into line with the provisions of the International Covenant on Economic, Social and Cultural Rights;

- ensuring the prosecution of employers who violate labour legislation in terms of compliance with labour safety rules and compensation for damage to injured workers.

The official presentation of the NAPHR to stakeholders, including international organizations, took place on 19 May 2021.

The Government of Turkmenistan expresses its readiness and invites the ILO to cooperate in the implementation of the relevant provisions of the National Action Plan on Human Rights for 2021–25.

Plan of Cooperation with International Organizations for 2021–23

Another national document which provides a basis for cooperation with the ILO on issues of mutual interest is the Plan of Cooperation with International Organizations for 2021–23 adopted by decree of the President of Turkmenistan on 30 April 2021.

One of the provisions of this plan suggests introducing a new form of cooperation with the ILO, namely the development of a yearly cooperation programme on specific topics. The cotton industry may be one of the priority items to start with in the cooperation programme, where we can envisage measures aimed at increasing cotton industry efficiency and ensuring compliance with international labour norms.

We have already had a preliminary discussion with the ILO Moscow Office and the Office of the United Nations Resident Coordinator in Turkmenistan on ways of cooperating on cotton issues and have suggested bringing international financial institutions like the World Bank into the discussions.

International cooperation

Cooperation framework on sustainable development

The Cooperation Framework between the Government of Turkmenistan and the United Nations on Sustainable Development is an important legal basis for cooperation between Turkmenistan and the ILO on promoting international labour norms.

This document was signed on 14 March 2020.

All key strategic directions of the Cooperation Framework are closely related to the SDG Goals and indicators adopted by Turkmenistan, and provide for further interaction between Turkmenistan and the United Nations in various areas, including maintaining economic stability and growth, protecting the social rights of the population, improving the healthcare system and maintaining an ecological balance.

The joint implementation of the Cooperation Framework in practice involves a significant number of United Nations agencies, including the ILO.

Mechanization of cotton harvesting

The cotton industry, namely the export of cotton and textile products in 2020, constituted only 1 per cent of national GDP. In 2015, this figure was equal to 1.8 per cent of GDP (see table below).

Export of cotton fiber, cotton yarn and textile products in 2015–20 (US$ million) [Table not reproduced]

However, the cotton industry is still one of the important sectors of the national economy of Turkmenistan. Its importance mainly consists of its ability to create jobs in textile mills, etc., but not in cotton harvesting.

Turkmenistan has introduced practical measures to reduce the manual harvesting of cotton. The figure below gives statistical data for harvesters (more than 90 per cent are from Case New Holland and John Deere), cotton fields and harvested cotton during the period between 2015 and 2020. [Graph not reproduced]

The next figure shows changes in the percentage of those parameters over the same period of time with the year 2015 as the starting point. [Graph not reproduced]

The figure shows that the cotton fields and volume of harvested cotton are changing slightly, whereas the number of harvesters has increased significantly.

The widespread use in the country’s agricultural sector of the latest generation of cotton harvesters in the process of picking cotton demonstrates the absence of the need to massively involve human resources in this process.

The figure below shows that the percentage of manually harvested cotton dropped from 71 per cent in 2015 to 28 per cent in 2020. [Graph not reproduced]

The figures for the cotton industry provided above are proof that the Government is undertaking all measures in order to reduce the manual harvesting of cotton and that the accusations of the ITUC are baseless.

In order to fulfill their obligation to prevent forced labour in cotton harvesting, the state authorities are taking appropriate measures. Regarding the comments of the Committee on the issues on the requirement for teachers, medical staff, employees of municipal services and communal enterprises, etc. to engage in the forced harvest of cotton, violations of sanitary standards, violations of the rules for their transportation in vehicles not intended for that purpose, it should be noted that, based on the results of inspections carried out by the law enforcement agencies of Turkmenistan, the above information has not been confirmed. Statements on these issues, as well as materials regarding the coercion of payments by citizens of funds intended for cotton harvesting, have not been registered.

The personnel of the Police Department for Road Surveillance of the Ministry of Internal Affairs of Turkmenistan are constantly on duty in rural areas, including on roads adjacent to farmland, where they responsibly approach the issue of preventing the transport of people in trucks that are not intended for that purposes.

In addition, the personnel of the traffic police, as well as employees of the firefighting units of the Ministry of Internal Affairs of Turkmenistan, during the harvest season, are instructed on compliance by tenants, persons engaged in the harvesting and transportation of agricultural products, as well as farm managers and local authorities, with the rules respecting road traffic, the technical serviceability of vehicles and agricultural machinery, as well as fire safety rules.

The above activities and ongoing work for the prevention of forced labour, the use of illegal methods of forcing citizens to perform duties that are not within the scope of their activity, show the State’s commitment to the implementation of universally recognized norms and provisions, within the framework of the international agreements and treaties to which Turkmenistan has acceded, as well as continued compliance with the obligations arising out of the resolutions adopted by United Nations institutions.

Discussion by the Committee

Interpretation from Russian: Government representative, Minister of Labour and Social Protection of Population – The Government of Turkmenistan, having carefully studied the Addendum to the 2020 report of the Committee of Experts and the comments of the International Trade Union Confederation (ITUC) on the use of forced labour by the State in the cotton harvest, would like to provide the Committee with information on the main elements of its policy to implement the provisions of the Convention.

First of all, in May of this year, Turkmenistan provided additional information at the request of the international workers’ and employers’ organizations, highlighting the situation of the country’s cotton industry. In that information, the Government responded in detail to the comments. In this regard, let me draw your attention to some economic indicators in the cotton industry. In particular, the export of cotton and textiles in 2020 amounted to only 1 per cent of the country’s GDP, while in 2015 this figure was 1.8 per cent. These indicators reflect the prevailing use of cotton products on the domestic market, resulting from the creation of new products in the agricultural and textile industries, medical and food industries, and other sectors of the economy. This, in turn, contributes to the creation of jobs, both in the public and private sectors of the economy.

The widespread use of the latest generation of cotton harvesters in the country’s agricultural sector, with little change in the area of cotton harvested, and the volume of harvest, made it possible to reduce the rates of manual harvesting from 71 per cent in 2015 to 28 per cent in 2020. This data indicates clearly that the Government is taking effective measures to reduce the manual picking of cotton, and that there is no need to involve mass human resources in this process.

Further, on the issue of mobilizing the population and using the labour force for the needs of economic development, I would like to note that the 1990 Act on the Legal Regime governing the State of Emergency was superseded by the State of Emergency Act in 2013. However, neither of these Acts, nor the Act on Emergency Situations, as amended in 2021, address the concept of economic development needs nor do they provide for the mobilization of the population to this end, which is again noted in the comments of the Committee of Experts.

Turkmenistan, a Member of the ILO since 1993, is committed in its policies to creating conditions for decent work and social justice for all. This is confirmed by the ratification by Turkmenistan of the United Nations (UN) Conventions on human rights, and the fundamental and technical Conventions of the ILO. The implementation of the Conventions is provided for, in the first instance, by the new draft of the country’s Constitution, which provides for the prevention of forced labour and the worst forms of child labour. The signing, on 14 March 2020, between the Government of Turkmenistan and the UN of the Partnership Framework for Development for 2021–25, should be noted. The implementation of this programme provides for the participation of a significant number of UN organizations, including the ILO, in key strategic areas of cooperation.

The new Action Plan on Human Rights for 2021–25, approved by decree of the President of Turkmenistan on 16 April 2021, has a chapter on social, economic and cultural rights, including a section on freedom of labour that covers measures aimed at developing cooperation with the ILO to prevent forced labour, developing measures to prevent the use of forced labour, including by ensuring compliance with legislation and strengthening controls over its implementation, ensuring the comprehensive implementation of programmes to improve the employment sector in Turkmenistan, especially in order to ensure the maximum level of employment of persons with disabilities, improving legislation prohibiting forced labour, protecting the rights of workers to join trade unions, bringing trade union legislation into line with the provisions of the UN International Covenant on Economic, Social and Cultural Rights, and ensuring that employers who violate labour legislation with regard to compliance with labour safety rules are effectively held responsible, including for compensation for injured workers. The new plan was developed in light of the concluding remarks to the Government after the review of its national reports to the UN treaty bodies, the universal periodic review and the ILO’s 2016 recommendations.

A further national document that lays the foundations for our cooperation with the ILO on issues of mutual interest is the plan for cooperation with international organizations for 2021–23, approved by decree of the President of Turkmenistan on 30 April 2021. One element of this plan involves the introduction of a new form of partnership with the ILO, namely through the development of annual cooperation on specific topics. One example of successful cooperation is the implementation of annual work plans and projects with UN agencies and other international organizations.

The cotton industry can be one of the main areas for further cooperation within this programme, where we can establish measures to further compliance with international labour standards. Further, in the part of the plan on strengthening the legal framework for cooperation with international organizations, there is a provision to consider joining international Conventions and multilateral agreements, including ILO international instruments. Our focus will be on ratifying ILO labour inspection Conventions.

Representatives of the private sector at the international level have already had experience in assessing the situation under discussion. In line with ILO recommendations provided between 2016 and 2020, inspection visits to the cotton fields were organized for representatives of consulting groups at the request of major companies among the main buyers of Turkmen cotton. Following these visits, reports were prepared for interested parties. The visits were carried out during the cotton season when the workers themselves were in the fields and during these visits no violations or irregularities were found, and those present clearly were able to establish that there was no practice of using forced labour.

All this reflects the Government’s desire to conduct an open and trustful dialogue with its partners. In this regard, the Government would like to express its willingness to cooperate with the ILO going forward. In addition, we have already had preliminary discussions with the ILO Office in Moscow and the Office of the UN Coordinator in Turkmenistan on forms of cooperation on issues relating to cotton, and proposals were made to involve international financial institutions in these discussions.

Further, I would like to respond to the recommendations relating to the application in law in the context of relations between different stakeholders in the agricultural sector. Currently, work is being done to improve procedures for concluding contracts between local executive authorities and local self-governing bodies, as well as agricultural producers and persons involved in the cotton harvest.

In conclusion, Turkmenistan is open to receiving further technical assistance from the ILO and, for its part, will take specific measures to ensure the full application of the provisions of the international treaties. At the same time, we can develop further cooperation and reach agreement in the near future.

Employer members – This fourth double-footnoted case on the agenda of the Committee relates to another fundamental Convention ratified by Turkmenistan in 1997. Convention No. 105, together with the Forced Labour Convention, 1930 (No. 29), ratified respectively by 176 and 179 countries, are of crucial importance for the abolition of all forced labour practices in all countries and under all jurisdictions. The Employer members are highly involved and committed to the eradication of forced labour. We cannot turn a blind eye on any forms of forced labour especially if they are planned, conducted or tolerated by the central authorities.

This is the second time the Committee is discussing Turkmenistan’s application in law and in practice of this Convention. The first discussion of these issues took place in 2016. The Government of Turkmenistan has provided the Committee of Experts with its report on Convention No. 105 in due time. It has also provided the submission to the Conference Committee that we read with interest. We thank the Government for this additional information.

The Employer members deplore the fact that a second discussion in this forum is necessary to drive further change. At the same time, we want to emphasize the positive attitude of the Government, deriving both from the statement we have just heard and from the written submission. This is what the Committee represents – a forum for dialogue and a precursor of improvements.

The case refers to practices of forced labour in cotton production which affects employees of a wide range of private and public sector institutions, under threats of punishment for a lack of fulfilment of production quotas. Punishment includes wage cuts, providing a replacement worker or other forms of harassment. The Committee of Experts’ observation reports on those practices by quoting different sources of information including the ILO technical and advisory mission of September 2016; ITUC submissions from 2019 and 2020; the UN Committee on the Economic Social and Cultural Rights observation of October 2018; and the stakeholder submission of February 2018 to the UN Humans Rights Council for the universal periodic review.

On the other side, the Government denies the existence of such practices. In its written submission, it states “the observations of the ITUC on the widespread use by the State of forced labour in cotton harvesting are groundless and do not reflect the real situation, and most importantly, recent achievements in law and in practice aimed at: (1) preventing forced labour in general and, in particular, in cotton harvesting; (2) the mechanization of cotton harvesting to reduce manual harvesting. Information on ongoing work on both dimensions is provided below”. This contradictory information is not helpful for the discussion and it is clearly adding a layer of difficulty to the open and frank debate we aim at in this forum.

So let us focus on the positive changes reported by the Government in its submission and in its presentation just recently. The first relevant change is legislative advancements, since forced labour and the worst forms of child labour are now prohibited under the Constitution, which was modified in 2016.

The second point referred to the adoption of the National Action Plan on Human Rights for the period 2021–25 in April of this year that foresees measures aimed at improving the legislation on the prohibition of forced labour and establishing cooperation with the ILO on the issue of preventing forced labour, as well as strengthening the monitoring of application of legislation that prohibits forced labour.

The third change is the plan of cooperation with international organizations for 2021–23, adopted by the Government in April this year that should speed up the request for assistance to the ILO on yearly cooperation programmes on specific topics, including on the cotton industry.

The fourth change will further the adoption of a cooperation framework with the UN on sustainable development that also involved the ILO.

Finally, the fifth change is the mechanization of cotton harvesting that has drastically reduced manual harvesting from 71 per cent in 2015 to only 28 per cent in 2020. These are all positive developments that the Employer members praise. They certainly constitute a good basis for further improvement. However, we would like to remind the Government that already in 2016, it stated its readiness for constructive dialogue and further cooperation with the ILO. This cooperation, even if preliminary discussions with the ILO Moscow Office have started, has not been signed yet. We reiterate, as a priority and a way forward, the importance for the Government of Turkmenistan of availing itself of the technical assistance of the ILO.

Nevertheless, the positive developments mentioned above deal only with legislative changes and the intention of strengthening cooperation with international institutions but add little to the application in practice of the Convention. Twenty-four years have passed since the ratification of the Convention in Turkmenistan, and important steps are still to be made to fully implement the Convention. The Employer members recall that a similar situation was discussed by the Committee for the case of Uzbekistan and became a success story. As shown in the case of Uzbekistan, in countries with specific systems of “mobilizing labour for the purpose of economic development” some alternatives and adequate macroeconomic solutions are possible. Implementation of the Convention in practice may imply, for instance, awareness-raising of local authorities and society; fighting against bribery and zero tolerance on corruption of public officials in the cotton fields; capacity-building of labour inspectors and other relevant officials; and involvement of social partners and relevant stakeholders in the monitoring of compliance with national laws.

Such an approach may require additional laws and financial resources, as well as the establishment of new institutions, possibly in cooperation with the most representative workers’ and employers’ organizations in the country. The ILO is the key actor to ensure the proper implementation of the Convention through its technical assistance and very constructive approach, and should be addressed to develop a national action plan to eliminate forced labour in connection with the cotton harvest. Important information that the ILO and the Committee of Experts could benefit from would include information on the number and nature of contraventions reported for forced labour in the cotton fields, and the penalties applied.

To conclude, the Employer members would also like to express concerns at the information reported in the Committee of Experts’ direct request to the Government that refers to the practice of forced labour imposed for expressing political views.

Worker members – Forced labour within the context of cotton production is unfortunately an issue that is too common in certain countries in various regions of the world. And also in Turkmenistan, where the Government still has massive recourse to forced labour for cotton production. This use of forced labour is truly institutionalized and is still guided by the highest authorities in the country. Through the imposition of production quotas and threats of reprisals against all those who do not achieve them, the authorities create an environment that is conducive to abuse throughout the production chain of cotton in the country.

Workers who are forcefully mobilized for the cotton harvest are the principal victims, as they are obliged to stop their occupational activity to go and work in the cotton fields. Many students, often very young, are also requisitioned. The proper operation of many public institutions and enterprises is therefore affected. In addition to being forcefully mobilized, these workers and students have to work under health and working conditions that are not decent. They are subjected to pressure and threats. They are forced to work long hours and are refused personal protective equipment, which is indispensable in a context of health crisis.

According to the 2019 observations of the ITUC, workers in all sectors were sent by force to work in the cotton fields. The observations indicate that 70 per cent of the teachers in the region of Mary were mobilized to participate in the harvest in 2018. The latest ITUC observations indicate that the forced mobilization of workers in many sectors continued for the 2019 and 2020 harvests.

And yet Turkmenistan ratified Conventions Nos 29 and 105 in 1997. The first observations by the Committee of Experts on these forced labour practices for the purposes of economic development go back to 2011 and, despite a first discussion in 2016 in this Committee, we have seen no improvement in the situation in Turkmenistan and we deplore the fact that the Government does not even recognize the existence of a very serious problem in the country.

Other international bodies have also made the same observations and express concern with regard to the situation in the country, including the Committee on Economic, Social and Cultural Rights and the United Nations Human Rights Council. The involvement of these bodies in the case of Turkmenistan also bears witness more generally to the failure to comply with many fundamental rights in the country.

Article 1 of the Convention provides that Member States that have ratified the Convention undertake to suppress and not to make any use of any form of forced or compulsory labour, among others as a method of mobilizing and using labour for purposes of economic development. Section 7 of the Act on the Legal Regime governing the State of Emergencies of 1990 allows the State and government authorities to recruit citizens to work in enterprises, institutions and organizations with a view to mobilizing labour for the purposes of economic development and to prevent emergencies. The Government denies that this concept of economic development is used in its legislation and refers in preference to the concept of emergency contained in the State of Emergency Act, the Emergency Response Act and the Act on preparation for and carrying out mobilization in Turkmenistan, which seem to serve as the legal basis or pretexts for forced labour in the cotton fields.

In so doing, the Government is endeavouring to avail itself of an exception set out in Article 2(2)(d) of Convention No. 29, which provides that forced or compulsory labour shall not include any work or service exacted in cases of emergency. We must however agree with the Committee of Experts on this point, as the annual cotton harvest does not constitute a case of emergency as envisaged in this provision. The Government cannot therefore avail itself of this exception. And even if the concept of economic development is not used in the legislation, it appears in practice that it is indeed for the purposes of economic development that the Government allows forced labour campaigns.

It also appears from the report of the Committee of Experts that section 19 of the Labour Code provides that an employer may require a worker to undertake work which is not associated with his or her employment in cases specified by law. The Government has not provided a response on this subject in its written information.

Even though the Turkmen legislation also includes provisions prohibiting recourse to forced labour, it seems clear that these legal provisions are not applied in practice. However, the absence of freedom of the press and the non-existence of independent trade unions in Turkmenistan make it very difficult to monitor the application of this legislation in practice.

The Government refers to various draft national plans of action to bring an end to forced labour, although free and independent social partners do not appear to have been involved in these processes. The Government adds that it is investing in the mechanization of the cotton harvest so that it will no longer be necessary to have recourse to too much labour. The mechanization of the cotton harvesting process does not however appear to us to offer the necessary guarantees to bring an end on a lasting basis to the systematic practice of forced labour in Turkmenistan.

While we appreciate the openness of the Government to closer cooperation with the ILO with a view to developing and implementation plans of action to bring an end to forced labour, it seems to us that an important step for the Government is to finally recognize the extent of the problem and to take measures in practice to demonstrate its expressed will to end forced labour. For that purpose, Turkmenistan will also in future have to facilitate investigations by international organizations on its territory as a basis for effective and useful technical cooperation. Indeed, it is to be regretted that the ILO technical advisory mission in September 2016 encountered the greatest of difficulties in visiting cotton fields to make the usual observations.

We invite the Government to engage in a new positive process similar to those that we have already seen in other countries on this issue. The success of such a process will be conditional on guaranteeing the true exercise of freedom of association, the involvement of independent trade unions and the freedom of action of civil society organizations. The opening of tripartite dialogue with the social partners is fundamental for the sustainable changes that are required in the country.

Interpretation from Russian: Employer member, Turkmenistan – I would like to provide comments on the recommendations of the Committee of Experts with regard to the participation of farmers and private business in the cotton sector. I cannot agree that farmers are being forced to harvest cotton. Cotton growth is a traditional sector and we have much experience in this area.

There is state purchasing and businesses are attracted by the possibility of having the right to farm land for a period of 99 years. Why is agricultural cotton production attractive for farmers? There is credit available at an interest rate of 1 per cent over ten years. That means that agricultural enterprises can acquire farming equipment. More than 3,000 John Deere agricultural technical units have been acquired and there is interest in Case IH and CLAAS brands as well. There is also a release from the duty to pay taxes and levies, and a release from rental payment. Cotton, which goes beyond the amount recovered by the State purchase, is available to farmers to dispose of as they wish, and there are also attractive leaseholds available on land for 99 years. At the moment there are 517 associations in the cotton sector, 180 of which have become part of the private sector, and the remaining will do so by 2025. The agricultural enterprises are attracted by the possibility of making profits in this area and in no way would be attracted to or could use forced labour. The association of enterprises for Turkmenistan receives thousands of statements from our enterprises each year but none of them contain information about being forced to grow or harvest cotton.

Our association does a huge amount of work in supporting our enterprises and represents their legitimate interests in the state bodies. We are aware of the information on cases of forcing enterprises to farm cotton contained in the report, and we are willing to consider any case where there is objective and concrete information. We are aware of the information provided by the Committee of Experts but we would ask that our opinion be considered as well.

Interpretation from Russian: Worker member, Turkmenistan – Let me begin by saying that in 2016 the delegation of Turkmenistan was heard at the 105th Session of the Conference on Convention No. 105. We have studied the comments and recommendations made by the ITUC on the issue of the use of forced labour during the cotton harvest and I would like to use the opportunity of this meeting to provide information about some measures that have been taken by the unions to ensure the implementation of those recommendations.

The unions of Turkmenistan are very much attached to the principle of “tripartism”, as representatives of workers. According to our trade union law and its charter, trade unions exercise social control over the implementation of labour legislation in the country. For this purpose, we have carried out legal and technical labour inspections.

We have also worked in many government and parliamentary working groups and expert groups on the development and improvement of labour legislation and other laws and regulations related to labour and its protection and the implementation of the provisions of ILO Conventions in our law.

One of the activities of trade unions is to assist the Government in implementing international labour standards. I have to say that in comparison with past years, the outcome of this year has been much more positive. We regularly participate in the work of a special tripartite commission on labour issues in accordance with the law that was adopted in 2019.

The country ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), a couple of years ago which is now in force in the country. In addition, this year Turkmenistan became a State party to the Employment Policy Convention, 1964 (No. 122). Turkmenistan has ratified 11 Conventions and of those, 9 are fundamental and 1 is technical. This is an indication of our attachment to ILO values.

We participate actively in the work of the tripartite commission set up in Turkmenistan in the Social Affairs and Labour Ministry. We have made various proposals there on improving our labour legislation and, at this very moment, we are working on a new draft of our Labour Code which is going to have provisions added to it to improve what it can do with respect to the issue under discussion.

Between 1 January and April this year we concluded 121 agreements between workers’ and employers’ organizations. Over 2,000 – nearly 3,000 – collective agreements are in force in institutions and businesses. Furthermore, and despite the restrictions placed on us at the moment by the pandemic, we are working as far as we can with regional branches of our unions in the country so that they can continue their work. Some 113 inspections were carried out last year and 15 have been carried out on compliance and legislation this year.

As far as the question of forced labour is concerned, we have not received any comments either from individual citizens or from businesses, not this year. Special seminars, meetings and training courses are being offered to make sure that farmers and workers are aware of the situation and their rights. Eighteen such seminars have been held this year.

In the last couple of years, we have also stepped up our cooperation with international institutions, including the ILO. A delegation of the National Centre of Trade Unions of Turkmenistan, headed by its chairman, visited ILO headquarters in Geneva last year and fruitful consultations were held with officials there. So, we understand your concern, we do and we are doing whatever we possibly can in order to ensure that our legislation is in line with our country’s commitments. We are sure that the cooperation we have will lead to further positive results. At the moment, progress has certainly been made and we hope it will continue.

Government member, Portugal – I have the honour to speak on behalf of the European Union (EU) and its Member States. The Candidate Countries, the Republic of North Macedonia, Montenegro and Albania, and the EFTA country Norway, Member of the European Economic Area, as well as the Republic of Moldova, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection and respect of human rights, including labour rights, freedom of association and the abolition of forced or compulsory labour as specified in Article 1 of the Convention. We actively promote the universal ratification and implementation of fundamental international labour standards, including the Convention and we support the ILO in its indispensable role to develop, promote and supervise the implementation of international labour standards and of the fundamental Conventions in particular.

We thank the Office and give our full support for its constant engagement in the promotion of labour rights and the abolition of forced labour in Turkmenistan.

We regret that no meaningful progress has been achieved in addressing the issue of the mobilization of persons for forced labour in the cotton harvest since the discussion of the case by the Committee and the visit of an ILO technical advisory mission to the country in 2016.

The EU and its Member States are deeply concerned by the enduring practice of forced labour in the cotton sector and the poor working conditions of workers employed in this sector. Forced labour affects not only farmers, but it also impinges on businesses, private and public sector workers, such as teachers and doctors, and students.

We would also like to express our disappointment that the draft cooperation programme developed by the Government of Turkmenistan together with the social partners, has not been agreed upon, and urge the Government to avail itself of ILO technical assistance.

In this context, the EU and its Member States urge the Government to take the necessary measures to completely eliminate the use of compulsory labour of public and private sector workers, as well as students in cotton farming.

Furthermore, we fully share the Committee of Experts’ observations calling for the amendment of the legislation to bring it in conformity with the Convention, and to ensure, in law and in practice, that no penalties involving compulsory labour may be imposed for the peaceful expression of views opposed to the established system. Pending the adoption of such measures, we expect the Government to provide information on the application of the aforementioned legislation.

We welcome the written information provided by the Government of Turkmenistan and the recent adoption of the second National Plan of Action on Human Rights and strongly urge the Government to step up efforts towards its implementation.

The EU and its Member States stand ready to assist Turkmenistan in meeting its obligations and will continue to closely follow and analyse the situation in the country.

Worker member, France – The practice of forced labour is of particular concern in the public sector in Turkmenistan. Because of their dependence on the State for their livelihoods, public sector workers are among the most vulnerable to be sent to the fields at harvest time. An in-depth report by Solidarity Center explains that official instructions are issued requiring these workers to be sent to harvest cotton, even if it is not economically viable. This information was confirmed at an advocacy meeting by a representative of the authorities, which state that they have to produce daily reports on the number of people sent to the cotton fields and the tons harvested; and which force those who cannot go to the fields to pay for someone to go in their place.

In 2020, owing to low yields and the refusal of farmers to use this workforce, workers were paid derisory amounts and had to find fields to harvest of their own accord, work by night and without equipment. In the region of Dashoguz, one worker testified to earning barely 1.5 manats per day. For comparison, a bottle of vegetable oil costs 15. To those who are not happy, the farmer replied that he did not even have to give them that. Neither medical certificates nor family circumstances justifies an absence. In the region of Lebap, the decision brought on 28 August 2020 exempting cleaners from organizations and institutions, given the risks associated with the pandemic, was overturned two weeks later and these workers alternated between cleaning and cotton picking every other day.

The situation for women is even worse, as they are even more vulnerable. They represent the lowest paid section of the public sector workforce. They cannot, therefore, under any circumstances hire someone to do the work in their place and must go to the fields themselves, irrespective of their age or state of health.

Government member, Canada – I am speaking on behalf of the Governments of Australia, New Zealand, United Kingdom of Great Britain and Northern Ireland, United States of America and my own country, Canada. We thank the Government of Turkmenistan for the recent information provided on its implementation of the Convention. We note that the information highlights measures by the Government that aim to address the observations of the Committee of Experts, including measures under the 2021–25 National Action Plan on Human Rights. Nonetheless, we remain deeply concerned by reports of persistent use of forced labour in Turkmenistan, including state-sponsored mobilization of public and private sector employees, as well as students, under threat of penalties. In 2016, this Committee urged the Government to end that practice. However, the recent observations of the Committee of Experts note no meaningful progress on the part of the Government to effectively address these issues over the past five years.

We therefore urge the Government of Turkmenistan to take immediate and effective action to: first, use all legislative and investigative measures available to eliminate, in both law and practice, the mobilization and use of forced labour in connection with the state-sponsored cotton harvest; second, to provide information to the ILO on the measures taken to end forced labour and the results achieved, including the number of violations detected and the penalties applied; and third, avail itself of ILO technical assistance towards eliminating forced labour and improving recruitment and working conditions in the cotton sector.

We welcome the Government’s recent stated intention to cooperate with the ILO and other international organizations to prevent the use of forced labour in the country moving forward. To that end, we call on the Government to allow these organizations access to the cotton fields in order to observe the harvest.

Forced labour is a grave issue. State-sponsored forced labour in Turkmenistan is a clear violation of the Government’s obligations under the Convention and inconsistent with the 1998 ILO Declaration on Fundamental Principles and Rights at Work. We sincerely hope that the Government’s next report to the Committee of Experts will highlight positive developments towards the elimination of forced labour in Turkmenistan.

Worker member, United States of America – Unfortunately, independent monitors and news outlets continued to document systematic forced labour in all cotton-growing regions of Turkmenistan during the 2020 harvest, as they have in previous years.

The Committee of Experts’ report notes that there has been no meaningful progress to address the issue of mobilization of persons for forced labour in the cotton harvest since the discussion of this case by the Committee and the visit of an ILO technical advisory mission to the country in 2016. The State continues to set mandatory quotas for cotton production with severe penalties, including land confiscation, termination of employment and denial of social benefits, to force farmers and citizens to grow and harvest the crop. It is impossible to produce cotton in Turkmenistan outside of this system.

In May 2018, the US Government issued a sweeping order banning the importation of goods made in whole or in part with Turkmen cotton due to the overwhelming nature of the evidence that it is produced in a closed state-run system that relies on forced labour. Companies and importers who import products containing Turkmen cotton in violation of the ban may face steep fines and even criminal charges.

Forced labour is the antithesis of decent work and an egregious violation of labour and human rights. We ask the Committee to condemn this practice in the strongest possible terms and demand that the Government of Turkmenistan take concrete, verifiable measures to end forced labour during its annual cotton harvest.

Interpretation from Russian: Government member, Russian Federation – The Russian Federation fully aligns itself with the points made by the representative of Turkmenistan with regard to the application of the Convention. We consider the allegations of widespread use of forced labour in cotton farming against Turkmenistan to be completely unfounded. They fail to take account of the significant efforts by Ashgabat to mechanize the sector and fully eliminate forced labour.

We hope that the Committee will note with satisfaction the detailed report that has been provided today by the Minister from Turkmenistan and resolve the consideration of this issue. As a general remark, it is unacceptable that thematic country reports be tied to the internal events in any country. The Russian Federation calls upon the International Labour Conference – rather we call upon the ITUC and its committees – to forgo politically biased and confrontational agendas, in favour of a constructive and mutually respectful approach to promote decent work and improve instruments that protect the interests of workers and employers.

Interpretation from Russian: Worker member, Russian Federation – The Committee of Experts has more than once noted that Turkmenistan does not comply with the Convention. Turkmenistan is one of the most closed countries in the world, and there is no freedom of expression. We know it also has severe problems with observing freedom of association and the right to organize. There are no free trade unions as such in the country. Therefore, it is very difficult to get information about the labour rights situation in the country. However, there does seem to be systematic and organized use of forced labour in agriculture by the Government, particularly in the cotton industry.

Forced child labour has been documented as well. Those who are conscripts also have to participate in the cotton harvest without pay, and that is the case for others too. In many regions, it seems that some people are forced to pay 20 manats, two or three times a week, for their keep while they are engaged in the cotton harvest.

Farmers are not allowed to use more profitable types of farming as the Government prevents them from doing so. The authorities have used the coronavirus pandemic as an excuse for forcibly mobilizing workers in the course of last and this year. Many of the workers mobilized in this way did not receive any salary, protection, or transport for getting them to where they were working, as for those fighting against the virus. We urge that urgent measures be taken to protect the workers of Turkmenistan and their rights and to bring the situation in that country fully into line with the commitments under the Convention. That is what needs to be done.

Government member, Switzerland – Switzerland regrets having to discuss, yet again, compliance with Convention No. 105 – a fundamental Convention – by Turkmenistan. According to various sources, recourse to forced labour by mobilizing and using labour for cotton production is common practice in Turkmenistan. This practice constitutes a serious violation of the international standards that guarantee democracy and the rule of law, including the fundamental freedoms of expression and association, such as peaceful expression of political opinions. Furthermore, this practice is harmful to workers and farmers.

Despite certain measures taken in 2016, the Government of Turkmenistan continues, according to various sources, to practice forced labour in the cotton sector. Such a practice cannot be justified for reasons of economic development. May I recall that the Convention prohibits compulsory labour as a method of mobilizing and using labour for purposes of economic development. It is in this context that Switzerland encourages the Government to establish specific measures to abolish, in law and in practice, forced labour in conformity with the Convention.

Lastly, Switzerland supports the conclusions and recommendations of the Committee of Experts to provide information on the measures taken and the concrete results achieved, and to continue to use ILO technical assistance to improve recruitment and working conditions in the cotton sector.

Government member, Azerbaijan – My delegation thanks the delegation of Turkmenistan for providing the latest update on the application of the Convention to the Committee. Azerbaijan appreciates the efforts made by the Government to ensure the effective application of the Convention and to enforce prohibition and eradication of forced labour in the country. We note that the prohibition of the use of forced labour is enshrined in the new Constitution of Turkmenistan, adopted in 2016, which demonstrates its commitment to complying with all its obligations under the Convention and the relevant international instruments.

We understand the Government has continued to introduce policy frameworks such as the recently adopted National Plan of Action on Human Rights and Plan of Cooperation with International Organizations. The National Plan of Action on Human Rights particularly foresees a set of measures aimed at improving legislation on the prohibition of forced labour; developing cooperation with the ILO on the prevention of forced labour; and strengthening control over legislation enforcement. We also welcome the practical measures by the Government to reduce manual harvesting of cotton.

These actions by the Government demonstrate its commitment and willingness to address the concerns raised with the active engagement of the ILO. We encourage the Government to continue working closely with the ILO and increasing its efforts to implement ILO standards. At the same time, in fulfilling its labour-related obligations, we invite the ILO to fully support the Government of Turkmenistan and provide any technical and consultative assistance that it may seek in this regard.

Government member, Uzbekistan – The Government delegation of the Republic of Uzbekistan welcomes the openness and active interaction of the Government of Turkmenistan with the ILO on the application of fundamental international norms and standards, including Convention No. 105. This is illustrated by the implementation of the National Plan of Action on Human Rights in the country, which was developed taking into account previous successful practices and has been approved by the President of the country. We highly appreciate the efforts of the Government of Turkmenistan in improving national legislation on the eradication of forced labour, enhancing cooperation with the ILO to prevent forced labour and engaging in fruitful cooperation with other international organizations.

We are convinced that the steps taken by Turkmenistan represent the commitment of the Government to ensure the labour rights, and they deserve recognition from the Committee.

Observer, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) – All agricultural land in Turkmenistan belongs to the State. Farmers’ associations rent their land from the State, which has the monopoly right to purchase from tenant farmers at prices set by the State. If tenants fail to fulfil their obligations, they are fined and might have their land taken away from them. A system where farmers have no freedom to decide what they grow, where they have no opportunity to negotiate the selling price for their produce, and where workers have no opportunity to organize and bargain wages and working conditions, is a system which will inevitably depend on the use of forced labour.

We have sufficient evidence to conclude that this issue in Turkmenistan’s agriculture is indeed endemic. The independent monitors have been documenting this case in spite of the Government’s efforts to silence their voices, which was observed in the case of Gaspar Matalayev who was sentenced to three years imprisonment in October 2016 for his attempt to report the working conditions in cotton plantations. The warrant for his arrest was issued just a few months after this Committee examined the issue of forced labour in Turkmenistan for the first time, when the Government stated its readiness for constructive dialogue and cooperation.

Several times the Committee issued recommendations. All of them were but marginally accepted by the Government, as it persistently denied any use of forced labour in the country. This position was yet again reiterated in the Government’s communication to the Committee on 20 May 2021. The Government repeatedly maintains that it is open to cooperation with the ILO, yet we do not see any tangible proof of this openness. The ILO should continue taking all possible measures to secure the observance by Turkmenistan of its obligations under the Convention.

Interpretation from Russian: Government representative – On behalf of the delegation of Turkmenistan, I would like to express our gratitude to the Committee for the work that it has done and for the constructive dialogue we have had with delegates, particularly those who spoke in support of Turkmenistan. We are grateful to the spokesperson of the Employer members, as well, for his constructive approach to dialogue and for the material provided by Turkmenistan for this meeting. We have been doing, and continue to do, a great deal of work in order to comply with the Convention, not only in terms of enacting legislation, but also in the way we apply it.

To the spokesperson of the Worker members, I would ask him to pay perhaps a little more attention to the comments made by the Government. Comments about institutionalized forced labour in Turkmenistan are groundless and inaccurate. They do not reflect the real situation on the ground. Once again, I would like to say that Turkmenistan’s Emergency Law, 1990, was replaced by a law in 2013, which does not contain any provision about the cotton harvest. Neither, as I said, do we use the concept of “for the purposes of economic development”. We are trying to further mechanize our cotton industry, and the statistics which we have provided illustrate that. In addition, the Government is clearly trying to make mechanization of agriculture a priority.

Some positive recommendations and comments have been made by the Committee of Experts and we will, of course, carefully study those in Ashgabat and carry out an analysis of them. On behalf of my Government, I would like to say – and I can say this with certainty – that we see cooperation with the ILO as something we would like to become more regular and systematic. We will be happy to do whatever is necessary to ensure that we are in full compliance with our obligations under ILO Conventions and we are sure we can bring that about. Further cooperation can be carried out through transposing the provisions of ILO Conventions into our legislation, providing training and awareness-building to our people, and monitoring the compliance with Conventions through tripartite cooperation. We are happy to do all of that.

Worker members – We thank the Government representative for the information that he has been able to provide during the discussion. And I can assure him that I have listened to him very carefully. We also thank the various speakers for their contribution to the discussion.

It cannot be denied that Turkmenistan is still making massive use of forced labour for the cotton harvest. These are not mere allegations, but information that has been verified with the different sources present on the ground. It is not reasonable to weigh this information against the Government’s repeated denials concerning the verified problem of forced labour in the country. We share the deep concern of the Committee of Experts at the persistence of forced labour practices and the bad working conditions of those who are forced to work in the cotton sector, in manifest violation of the Convention.

It is essential for the Government to take every measure, in both law and practice, to eliminate the use of the forced labour of workers in the public and private sectors, as well as students, particularly by ensuring that the State of Emergency Act, the Emergency Response Act and the Act on preparation for and carrying out mobilization in Turkmenistan, section 7 of the Act on the legal regime governing the State of Emergency of 1990 and section 19 of the Labour Code cannot be used as a legal basis for forced labour in cotton fields.

The Government must cease to make threats against those who do not manage to meet the quotas set by the authorities. This pressure exerted by the authorities at all levels for the fulfilment of the quotas leads to many abuses, of which workers are the first victims. The Government must take action that is in conformity with the Convention and the national legislation that prohibits recourse to forced labour, by issuing clear instructions on the prohibition of forced labour and by prosecuting and punishing, where necessary, officials who have recourse to it even so.

The Government must develop a national plan of action in collaboration with the social partners for the lasting elimination of forced labour in the context of the cotton harvest organized by the State.

The report of the Committee of Experts indicates that preliminary contacts have been made with the ILO to engage in cooperation with a view to bringing an end to these practices that are contrary to the Convention, but have not however led to specific commitments. We therefore invite the Government to intensify these contacts now and to involve the social partners and all civil society organizations that are following the situation in Turkmenistan. For this purpose, it will be essential to grant the social partners access to the cotton fields, as well as the press and all civil society organizations, with freedom to report their observations without fear of reprisals. It is clear that the involvement of the social partners in the development and implementation of such a national plan of action will involve the full and complete recognition of freedom of association in the country so that the workers and employers of the country can be represented.

In order to guarantee the achievement of all these objectives, we invite the Government to accept a visit by a high-level ILO mission before the next International Labour Conference and during the harvest period. Such a mission must be granted full capacities so that it can carry out its work effectively.

Employer members – The Employer members would like to thank the Government for the useful information, especially on the willingness to cooperate with the ILO. We would like to thank also the trade unions and Government delegates for sharing their views on this case, and emphasizing their commitment towards the eradication of forced labour.

In the light of the debate, the Employer members invite the Government to truly commit to bring its practice in line with the Convention. The first priority is the ILO’s support and the Government should seek technical assistance from the ILO in order to comply with the Convention in law and in practice and to develop a national action plan to eliminate forced labour in connection with the state-sponsored cotton harvest.

The Employer members conclude the discussion on this case by recommending the Government to: take effective measures in law and in practice to ensure that no one, either from the public or private sector amid threats of punishment for the lack of fulfilment of production quotas, is forced to work in the cotton harvest; adopt any possible measure to ensure that local authorities, labour inspectorates and public officials are adequately informed of the applicable legislation on forced labour; prosecute and sanction appropriately any public official who participates in the forced mobilization of workers for the cultivation or harvest of cotton in contravention of the Convention; allow the social partners and civil society organizations to monitor and document any incidents of forced labour in the cotton harvest without fear of reprisals; and finally, provide the Committee of Experts with information on the number and nature of contraventions reported of forced labour in the cotton fields and the penalties applied.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

The Committee noted with deep concern the persistence of the widespread use of forced labour in relation to the annual state-sponsored cotton harvest in Turkmenistan and its failure to make any meaningful progress on the matter since the Committee last discussed the case in 2016.

Taking into account the discussion, the Committee urges the Government of Turkmenistan to take effective and time-bound measures to:

• in compliance with Article 1(b) of the Convention, ensure in law and in practice that no one, including farmers, public and private sector workers and students, is forced to work for the state-sponsored cotton harvest, or threatened with punishment for the lack of fulfilment of production quotas;
• ensure that, in line with the Convention, the State of Emergency Act, the Emergency Response Act, the Act on preparation for and carrying out of mobilization in Turkmenistan and article 19 of the Labour Code are not used as a legal basis or pretext for forced labour;
• report on the status of section 7 of the Law on the Legal Regime Governing Emergencies of 1990;
• eliminate the compulsory quota system for production and harvesting of cotton;
• prosecute and sanction appropriately any public official who participates in the forced mobilization of workers for the cultivation or harvest of cotton;
• develop, in consultation with the social partners and with ILO technical assistance, an action plan aimed at eliminating, in law and practice, forced labour in connection with state-sponsored cotton harvesting, and improving recruitment and working conditions in the cotton sector in line with International Labour Standards; and
• allow independent social partners, press and civil society organizations, to monitor and document any incidences of forced labour in the cotton harvest without fear of reprisals.

In order to effectively implement all those recommendations, the Committee calls on the Government to accept a high-level mission of the ILO which will be granted all accommodations so as to carry out its duties before the next International Labour Conference and during the harvest season.

Another Government representative – First of all, I would like to take this opportunity to thank all parties that were involved in the examination of the application by Turkmenistan of Convention No. 105. We take note of the conclusions of the Committee.

We consider the observations of widespread and systematic use of forced labour in cotton farming in Turkmenistan to be completely unfounded. The Committee has failed to take into account the significant efforts by Turkmenistan to mechanize the cotton sector and fully eliminate forced labour.

The statement of the Minister of Labour on 8 June 2021 highlighted concrete statistical data on the mechanization process in the sector. Unfortunately, the Committee’s conclusions once again illustrate that the Committee or its members adopted a prejudiced attitude and selective approach to the facts that were brought to light during the dialogue. In particular, point two of the third paragraph of the conclusions deals with the application of the Act on the Legal Regime governing the State of Emergency of 1990 and the State of Emergency Act of 2013. I would like to inform you that in the history of independence of Turkmenistan, a state of emergency has never been declared to use those provisions. So this point is not relevant at all.

Point 3 of the same paragraph contains a request to report under the Act on the legal regime governing emergencies of 1990, which was replaced in 2013 by the State of Emergency Act. However, we have already reported that neither the Law of 1990 nor the Law of 2013 contain the expression “needs of economic development” at all. We are ready to provide the texts of these two laws for your examination.

In conclusion, as has been repeatedly stated by our head of delegation, Turkmenistan is committed and ready to cooperate with the ILO in fulfilling its obligations under the labour Conventions. We have already proposed various forms of cooperation with the ILO and are ready to consider other options acceptable for both parties.