Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C029

Observation

Direct Request

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The Committee notes the comments made by the Turkish Confederation of Employers’ Associations (TİSK) dated 8 November 2011, as well as the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously requested information concerning the application in practice of sections 80 (prohibiting trafficking in persons for the purpose of both forced labour and prostitution), 117(2) (prohibiting the employment of homeless, helpless or dependent persons without payment or for substandard wages or forcibly subjecting them to inhumane working and living conditions), and 227(3) (prohibiting sending a person in or out of the country for the purpose of prostitution) of the Penal Code.

The Committee notes the information in a report from the International Trade Union Confederation (ITUC) entitled “Internationally Recognized Core Labour Standards in Turkey: Report for the WTO General Council Review of the Trade Policies of Turkey” of 21 and 23 February 2012 that trafficking in persons occurs in the country, with most of the trafficking cases relating to prostitution of women from Eastern Europe and forced labour of persons from Central Asia. This ITUC report indicates that the authorities have prosecuted several hundred individuals for trafficking in recent years. However, this report states that while authorities have prosecuted police officers for collaborating with traffickers before, uncorroborated reports indicate that complicity in trafficking remains a problem.

The Committee notes the detailed information in the Government’s report concerning the application in practice of the Penal Code. Concerning section 227(3) of the Penal Code, the Government indicates that 37 persons were convicted of this offence, and 21 persons acquitted in 2009, while 65 persons were convicted and 32 persons were acquitted in 2010. Concerning the application of section 117(2), nine persons were convicted of this offence, and five persons acquitted in 2009, while three persons were convicted and ten persons were acquitted in 2010. With regard to the application of section 80 of the Penal Code, the Government indicates that there were 256 cases brought in 2009, involving 1,314 defendants, and 282 such cases brought in 2010, involving 1,827 defendants. The Committee also notes the information in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182) that 12 law enforcement officers suspected to be involved in cases of trafficking were identified in 2009, and eight in 2010. The Government further indicates that through a project entitled “Supporting Turkey’s struggle against Human Trafficking and Trafficking Victims Access to Justice”, carried out in coordination with the International Organization for Migration (IOM) in 2009, 135 officials attended courses on combating trafficking in persons. The Government further indicates that a seminar was held in 2011 on combating trafficking in persons, in cooperation with the UN High Commissioner of Refugees and the IOM, with the participation of more than 130 inspectors of the Board of Inspection. The Committee requests the Government to pursue its efforts to prevent, suppress and combat trafficking in persons, and to continue to provide information on the measures taken. It also requests the Government to continue to provide information on the application in practice of sections 80, 117(2) and 227(3) of the Penal Code, particularly the number of investigations, prosecutions, convictions and the specific penalties applied. Lastly, it requests the Government to take the necessary measures to ensure that governmental officials complicit with human traffickers are prosecuted and that sufficiently effective and dissuasive criminal penalties are imposed in practice.

2. Protection and assistance for victims of trafficking in persons. The Committee notes the statement in the abovementioned ITUC report that law enforcement officials make insufficient use of trafficking victim identification procedures and that many such victims are detained and deported. This report states that the Government does not operate any victim shelters and does not provide adequate resources to NGO centres that offer assistance and services.

The Committee also notes the statement by the TİSK that a Memorandum of the General Directorate for Social Assistance and Solidarity (in the Office of the Prime Minister) of 20 May 2009 makes provisions enabling victims of human trafficking to benefit from free health services. The TİSK indicates that in 2010, 37 victims of trafficking received assistance. The TİSK also indicates that the General Directorate for Social Assistance and Solidarity signed an agreement to provide funding to civil society organizations for shelters for victims of trafficking in persons in both Ankara and Istanbul. The TİSK further indicates that coordination between various institutions for the identification of victims of trafficking occurs within the framework of the National Referral Mechanism, and that a telephone hotline for victims of trafficking has been established. In addition, the Committee notes the Government’s indication that, within a project entitled “Consolidating Capacity of Local Administration and Law Enforcement to Identify Victims of Human Trafficking” organized in collaboration with the IOM, 28 persons were trained. Through this project, a “human trafficking victim identification form” was prepared by the General Directorate of Security and 6,000 copies were distributed to provincial police commands, particularly in areas where trafficking occurs.

Lastly, the Committee notes the information from the UN country team in Turkey, in a report compiled by the Office of the High Commissioner of Human Rights for the Universal Periodic Review of 19 February 2010, that access to justice for victims of trafficking in persons remained limited and that redress and compensation mechanisms are not yet supported by the provision of sustainable public funding (A/HRC/WG.6/8/TUR/2, paragraph 42). The Committee requests the Government to continue to take measures to strengthen mechanisms for the identification of victims of trafficking in persons. It also requests the Government to intensify its efforts to provide protection and assistance (including medical, psychological and legal assistance), to victims of trafficking, and to provide information on the number of persons benefiting from these services. The Committee further requests the Government to provide information on the measures taken to ensure that victims are able to assert their rights.

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