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Solicitud directa (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Tayikistán (Ratificación : 1993)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - Tayikistán (Ratificación : 2020)

Otros comentarios sobre C029

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the Criminal Code provisions contained in sections 130-1 (Trafficking in Human Beings) and 132 (Recruitment of Persons for Exploitation). The Committee also noted Act No. 47 of 15 July 2004 to Combat Human Trafficking which contains a broad definition covering trafficking in persons for the purpose of both labour and sexual exploitation.
The Committee takes note of the Act on Combating Trafficking in Persons and Providing Assistance to Victims of 26 July 2014, No. 1096, which repealed Act No. 47 of 15 July 2004 to Combat Human Trafficking. The Committee observes that Act No. 1096 of 26 July 2014 covers trafficking in persons for the purpose of both labour and sexual exploitation. The Committee also notes the adoption of the National Plan for combating trafficking in persons for 2019–2021 (Government Decree No. 80 of 1 March 2019) and the Procedure for Implementing a Set of Measures within the Framework of the Referral Mechanism for Victims of Trafficking in Persons (Government Decree No. 327 of 27 July 2016).
The Committee further notes from the Interim Report on the implementation of the recommendations of the United Nations Human Rights Council adopted by member States within the framework of the second Universal Periodic Review of Tajikistan that, in 2018, 27 cases were investigated under section 130-1 of the Criminal Code, involving 16 offenders and 25 victims (paragraph 43). The Interim Report indicates that 22 victims received assistance from the IOM Centre of support and assistance for victims of trafficking in persons. The Interim Report further specifies that victims of trafficking in persons have access to a full range of support, which includes housing, physical and psychological treatment, rehabilitation and legal assistance (paragraph 44).
The Committee notes, however, that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families in its 2019 concluding observations expressed concern that “the national referral mechanism is not fully operational and that support for victims is inadequate” (CMW/C/TJK/CO/2, paragraph 52). The Committee further notes that the United Nations Committee on the Elimination of Discrimination against Women in its 2018 concluding observations recommended to ensure “the early and effective identification of victims” of trafficking in persons and “the provision of protection and services to victims” (CEDAW/C/TJK/CO/6, paragraph 28).
The Committee requests the Government to provide information on the implementation of Act No. 1096 on Combating Trafficking in Persons and Providing Assistance to Victims of 26 July 2014, the National Plan for combating trafficking in persons for 2019-2021, and the Procedure for Implementing a Set of Measures within the Framework of the Referral Mechanism for Victims of Trafficking in Persons, and to indicate any results achieved in this regard. The Committee also requests the Government to ensure that appropriate protection and assistance are provided to victims of trafficking and to indicate the number of victims who have been identified and who have benefited from such protection. It further requests the Government to supply statistical data on the application of section 130-1 of the Criminal Code in practice, in cases of trafficking for the purpose of labour or sexual exploitation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions.
Article 2(2)(a). Work or service exacted in virtue of compulsory military service laws. The Committee previously noted that section 1 of the Act on the general military duties and on military service of 1993 (as amended) refers to a citizen’s right to perform an alternative (non-military) service in accordance with the law. The Committee further noted the Government’s indication that a law on alternative civilian service had not yet been adopted. The Committee requests the Government to provide a copy of the law on alternative (non-military) service, once adopted.
Article 2(2)(c). Work of prisoners for private enterprises. The Committee previously noted that under section 107(1) of the Code on the Execution of Criminal Sentences, every convicted person is under an obligation to work, such work being exacted from convicts either at enterprises of penitentiary institutions and at other state-owned enterprises, or at enterprises based on other forms of ownership. The Committee further noted from the wording of section 107(1) that compulsory prison labour could be used both at state-owned and private enterprises. The Committee therefore requested the Government to indicate whether and how the voluntary consent of prisoners to work for private enterprises is obtained, and to provide copies of contracts concluded between a private enterprise and a penitentiary institution, as well as contracts between prisoners and a private enterprise. The Government indicated that the Committee’s request had been forwarded to the Ministry of Justice and that the relevant information would be sent to the Committee.
The Committee notes the Government’s indication in its report that any convicted person may be employed on a voluntary basis and there are no instances of non-voluntary employment. The Government also points out that more than 80 per cent of able-bodied convicted persons wish to work. The Committee observes that, as per section 107(2) of the Code on the Execution of Criminal Sentences, only convicted men over 63 years, women over 58 years, persons with certain disabilities, and women with children in children's homes at correctional institutions are allowed to work at their request. Other convicted persons are under an obligation to work by virtue of section 107(1) of the Code on the Execution of Criminal Sentences. The Committee therefore reiterates its requests to the Government to indicate how the voluntary consent of prisoners to work for private enterprises is obtained, such consent being free from the menace of any penalty, including the loss of rights or privileges. The Committee once again requests the Government to provide copies of contracts concluded between a private enterprise and a penitentiary institution, as well as contracts between prisoners and a private enterprise.
Article 2(2)(d). Work exacted in cases of emergency. The Committee previously noted the Government’s indication that under Article 46 of the Constitution a state of emergency may be declared, as a temporary measure, for a period of up to three months. It further noted that such situations are governed by the Act on the protection of the population and the territory in emergency situations of a natural or man-made character of 2004. The Committee requested the Government to provide a copy of the Act of 2004, in order to assess what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.
The Committee notes an absence of information on this point in the Government’s report. However, it observes that according to section 2 of Constitutional Act No. 21 on the legal regime of the state of emergency of 1995, the President can introduce a state of emergency, which is subject to approval by the Parliament. In addition, the reasons for introduction of the state of emergency, its duration and territorial boundaries shall be indicated. As per section 1 of the Constitutional Act of 1995, the state of emergency can be introduced in case of natural disasters, catastrophes, epidemics and epizootics that pose a threat to the life and health of the population; massive violations of law and order that pose a real threat to the rights and freedoms of citizens; attempts to seize state power or change the constitutional order by force; encroachments on the territorial integrity of the state threatening to change its borders; and the need to restore constitutional law and order and the activities of public authorities. During the state of emergency, public authorities can attract able-bodied citizens to work in enterprises, institutions and organizations, as well as to eliminate the consequences of emergency circumstances (section 4 of the Constitutional Act of 1995). In addition, during the state of emergency, the heads of enterprises, institutions and organizations have the right, if necessary, to transfer workers and employees without their consent to work not stipulated by their employment contract (section 6 of the Constitutional Act of 1995). The Committee also observes that section 19 of the Act on the protection of the population and the territory in emergency situations of a natural or man-made character of 2004 states that for the period of the situation of emergency, citizens are obliged, if necessary, to provide assistance in carrying out emergency rescue and other urgent work. Noting that section 1 of the Constitutional Act of 1995 is quite broadly worded, the Committee requests the Government to ensure that it is applied so that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist. The Committee also requests the Government to send copies of any Presidential Decrees issued by virtue of section 2 of the Constitutional Act of 1995.
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