Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 29) sur le travail forcé, 1930 - Türkiye (Ratification: 1998)

Autre commentaire sur C029

Observation

Demande directe

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Article 2(2)(a) of the Convention. Compulsory military service. The Committee notes the Government’s information in its report submitted under the Abolition of Forced Labour Convention, 1957 (No. 105) that, pursuant to section 10 of the Military Service No. 1111, as amended by Act No. 3358, in case the number of conscripts is higher than that required by the Office of the Chief of General Staff, the surplus conscripts are considered to have fulfilled their military service by making a payment or working in a public institution or organization, following their basic military training. The Government further indicates that, this provision has not been implemented since 1991, due to insufficient coverage ratio of the resources for the need of the armed forces.

The Committee reminds the Government that compulsory military service is excluded from the scope of the Convention, provided that it is used for work of a purely military character, and that the condition is aimed specifically at preventing the call-up of conscripts for public works and has its corollary in Article 1(b) of Convention No. 105, which prohibits the use of forced or compulsory labour as a mean of mobilizing and using labour for purpose of economic development (see General Survey on fundamental Conventions, 2012, paragraph 274). The Committee therefore requests the Government to take the necessary measures to repeal section 10 of the Military Service Act, No. 1111, regarding assigning conscripts in the surplus reserve to work for public bodies and institutions to bring national legislation in line with the Convention and indicated practice, and to provide information on any progress made in this regard.

Article 2(2)(c). Work of prisoners for private entities. The Committee previously noted that section 20 of the Regulation on the Administration and Bidding of Penitentiaries and Work Centres of Detention Institutions of 2005 states that detainees may be asked to work, but shall not be obliged to do so. It noted that, pursuant to this Regulation and the Regulation on Administration of Penitentiaries and Execution of Sentences of 2006, prisoners’ conditions of work may be considered as approximating those of a free labour relationship. The Committee nonetheless observed that the legislation did not appear to require the free, informed and formal consent of prisoners to work for private enterprises. In response, the Government indicated that it was not possible to employ prisoners without their consent or without a request from the prisoner. The Government indicated that the Circular on Implementation of Work Centres No. 137/3 (published by the Supreme Council of Prison Workshops) determines the conditions of work of prisoners, both within and outside of prisons and that this Circular included a standard contract regulating a prisoner’s employment.

The Committee notes the Government’s information in its report that, prisoners who want to work need to submit a written application indicating their formal consent. Moreover, the Supreme Council of Prison Workshops ended the work of prisoners in the private workplaces outside the prison workshops by its Decision No. 2011/17 of 2014. The Government also indicates that, regarding the work of the prisoners within the framework of vocational training and rehabilitation run by private enterprises inside the prison workshops, the standard protocol annexed to the Circular No. 137/3 is signed by the private enterprises and prison workshops, and that concerned parties have no right to make changes in its provisions and this is supervised by the Department of Prison Workshops of the Ministry of Justice. The Committee recalls that in the absence of an employment contract and outside the scope of the labour law, it seems difficult or even impossible to exactly replicate the conditions of a free working relationship, particularly in the prison context (see General Survey on fundamental Conventions, 2012, paragraph 279). The Committee therefore requests the Government to take the necessary measures to ensure that formal, freely given and informed consent is required for the work of prisoners within the framework of vocational training and rehabilitation run by private enterprises, with such consent being authenticated by conditions of work approximating those of a free labour relationship. It also requests the Government to provide information on any progress made in this regard.

Article 2(2)(d). Powers to call up labour in cases of emergency. In its previous comments, the Committee noted that, under article 18 of the Constitution the term “forced labour” does not include services required from citizens during a state of emergency, which may be declared, under article 119 of the Constitution, in the event, among other things, of a “serious economic crisis”. It also noted that under the State of Emergency Act (No. 2935 of 1983), the Council of Ministers may issue decrees to determine obligations and measures to be taken in the event of serious economic crises, which may concern, inter alia, labour issues. In this regard, the Committee noted the Government’s indication that Turkey has experienced economic crises in the past but that no state of emergency was called. The Government also indicated that the states of emergency referred to in article 119 of the Constitution relate to conditions obstructing life in the country and, even under these conditions, this does not allow for the exaction of forced labour, as article 18 of the Constitution explicitly prohibits forced labour.

The Committee notes the Government’s indication that, section 10(1) of the State of Emergency Act (No. 2935 of 1983) referring to “measures and obligations in relation to labour” does not imply compulsory labour. The Committee also notes that, according to section 8(1) of the State of Emergency Act, under the state of emergency declared due to a natural disaster or dangerous epidemic disease, all citizens between 18 and 60 years of age, who are resident within the region where the state of emergency is declared, are obliged to perform duties imposed on them. The Committee recalls that the exception of “emergency situations” shall apply in restricted circumstances where a calamity or threatened calamity endangers the existence or well-being of the whole or part of the population, as described in Article 2(2)(d) of the Convention. The Committee therefore requests the Government to clarify the implication of “measures and obligations in relation to labour” under section 10(1) of the State of Emergency Act (No. 2935 of 1983), and continue to provide information on the application of the State of Emergency Act and article 119 of the Constitution in practice.

Article 2(2)(e). Minor communal services. The Committee previously noted that sections 12 and 13 of the Village Affairs Act, No. 442, of 18 March 1924, provided for “mandatory works for villagers”, and that failure to perform this work shall be penalized. It noted that some of the work listed in section 13 as “mandatory for villagers” (including building and repairing roads leading from the village to the government centre or neighbouring villages, or building bridges over such roads, etc.) did not seem to meet the criteria of “minor services” or “communal services”, and that there was no provision for consultation regarding these works or services. In this regard, the Committee noted the Government’s indication that the task of village administration had changed significantly since the enactment of the Village Affairs Act in 1924.

The Committee notes the Government’s information that, the Village Act No. 442 is outdated and many provisions are not functional. Moreover, the types of work listed in section 13 of the Village Act are now carried out by the Special Provincial Administrations which are the units of local administration as well as by the central administration. The Committee recalls that minor communal services may be excluded from the scope of the Convention only if the services are “minor services” and performed in the direct interest of the community, following consultation with the said community, by virtue of Article 2(2)(e) of the Convention. The Committee therefore requests the Government to take the necessary measures to amend the Village Act 1924 to bring it into conformity with the Convention, and to provide information on the application of its section 13 in practice by the Special Provincial Administrations and the Central Administration.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously requested information concerning the application in practice of section 117(2) of the Penal Code (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). In this regard, the Committee noted the information in the Government’s report that there were 26 cases opened pursuant to section 117(2) in 2011, and 141 such cases in 2012. The Government indicated that of the 34 verdicts passed down in 2011, there were zero convictions, and of the 45 such verdicts in 2012, there were eight convictions.

The Committee notes the Government’s information that there were 12 convictions out of 35 court decisions in 2015, nine convictions out of 32 court decisions in 2014 and six convictions out of 43 court decisions in 2013 pursuant to section 117(2). The Government also indicates that 19 offences were recorded in 2015, while 42 were recorded in 2014 and 55 were recorded in 2013. Noting the significant decrease in the number of offences recorded since 2012, as well as the increased rate of convictions, the Committee requests the Government to continue to provide information on the application in practice of section 117(2) of the Penal Code, including information on the number of investigations, prosecutions and convictions. The Committee also requests the Government to provide information on the specific penalties applied in this regard.