Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Minimum Age Convention, 1973 (No. 138) - Türkiye (Ratification: 1998)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee noted the Government’s report, in addition to the communication of the Confederation of Turkish Trade Unions (TÜRK-IŞ) dated 10 May 2011.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee noted the indication of TÜRK-IŞ that no national policy was being pursued in Turkey to ensure the effective abolition of child labour and that the number of child workers was increasing. It noted the Government’s statement that the framework for a national programme and policy for the elimination of child labour had been elaborated by the Child Labour Unit (CLU), in response to feedback received from various parties consulted, to create a wide-ranging and integrated national policy that is participative and time-bound. The Committee noted the information in the Government’s report that measures to progressively eliminate child labour have been integrated into a wide variety of governmental initiatives and policies, including the Government’s Ninth Five-Year Development Plan and the Ministry of Labour and Social Security’s strategic programme for the years 2009–13. The Committee also noted that the issue of child labour is included as a priority in the Government’s Joint Inclusion Memorandum with the European Union (EU), and that the EU has provided pre-accession assistance to address this phenomenon. In addition, the Committee noted that on 10 February 2009, the Government signed a Memorandum of Understanding with the ILO on the implementation of a Decent Work Country Programme, which includes the elimination of child labour as a priority. While taking note of these measures, the Committee observed the statement in the UNICEF draft country programme document of 5 April 2010 that, despite progress, child labour continues to be a serious issue in Turkey, particularly in the agricultural sector (E/ICEF/2010/P/L.6, paragraph 4).

The Committee noted the observations made by TÜRK-IŞ, according to which child labour in Turkey is found in the urban informal sector, in the domestic service, and in seasonal agricultural work.

The Committee noted the Government’s information, in its report, on the activities and measures it has adopted in order to combat child labour in Turkey. In particular, the Committee noted that the Ministry of Food, Agriculture and Livestock, in collaboration with related agencies and institutions, prepared a Rural Development Plan which covers the years 2010–13 and which aims to improve the working conditions and life standards of mobile seasonal agricultural workers. In this regard, significant measures are taken to prevent children from taking part in mobile seasonal agricultural work and to provide children of compulsory education age with access to education. Furthermore, a plan of action was prepared to remove children from child labour in seasonal agriculture in provinces where hazelnuts are produced, which is a sector where children accompany their parents and are exposed to unfavourable conditions that are not appropriate to their age and development.

Moreover, the Committee noted the Government’s information that the Ministry of National Education is implementing, since 2008, the Programme of Raising Class Teaching (YSÖP) which introduces certain children aged 10–14 back to education, such as those who have been out of the education system due to economic or traditional reasons. The Committee observed that, with YSÖP, 28,559 students were introduced to schools between 2008–11, among which 7,677 in 2010–11 alone. The Committee also noted the Government’s statement that the Ministry of Education has signed a Memorandum of Understanding in 2011 to enhance collaboration among agencies and institutions on the issue of providing children with access to quality education and removing the obstacles to access to education, including child labour. While taking due note of the measures taken by the Government, the Committee noted with concern that child labour continues to be a problem in practice, particularly in the agricultural sector. The Committee strongly encourages the Government to strengthen its efforts to combat child labour, including through the various measures mentioned above, and to continue providing detailed information on the results achieved.

Article 8. Artistic performances. In its previous comments, the Committee noted that section 16 of the Civil Code provides that children under 15 years may appear in artistic performances with the consent of their family or legal representative. The Committee noted the statement by TÜRK-IŞ that a system regulating children’s involvement in artistic endeavours is necessary, to allow for the monitoring and protection of these children. It noted the Government’s indication that Chapter 19 (entitled “Social Policy and Employment”) of the National Programme of Turkey for the Adoption of the EU Acquis (NPAA) (published in the Official Gazette of the Republic of Turkey on 31 December 2008 (No. 27097)), provides for the adoption of regulations in conformity with EU Council Directive 94/33, concerning the participation of persons under 18 in artistic activities. It also noted the Government’s indication that preparatory technical work was completed in this regard. The Committee further noted that the Schedule of Legislative Alignment (table 19.4.1) of the NPAA indicates that amendments on the employment of children below the age of 18 in the field of fine arts is necessary, and shall be introduced in Turkish legislation by 2010 through the draft law amending Labour Law No. 4857 (page 210).

The Committee noted the Government’s information that technical studies for the required amendments to Labour Law No. 4857 are completed but that a consensus on the details of the amendments has not yet been reached. In this regard, a project will be conducted in the second half of 2011 in order to decide what kind of authorization and monitoring mechanism should be established to provide the best protection for children involved in artistic performances. The Government indicated that conformity with the Convention on this point will be ensured through legal arrangements by the beginning of 2012 at the latest. Recalling that pursuant to Article 8(1) of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment under the general minimum age for such purposes as participation in artistic performances, the Committee expresses the firm hope that the forthcoming amendments will be in conformity with the Convention. The Committee requests the Government to provide a copy of the relevant legislation with its next report.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the third Child Labour Study (conducted in 2006 by the Turkish Statistics Institution (TSI) with ILO–IPEC support) indicated that, while the proportion of working children had dropped significantly, there remained 320,000 working children between the ages of 6–14 and 638,000 working children between the ages of 15–17 in 2006. The Committee noted the statement by TÜRK IŞ that, while the number of working children has significantly decreased, there are still a number of children between the ages of 6–14 engaged in economic activity. TÜRK-IŞ indicated that to address this issue, poverty reduction is necessary and education should be encouraged.

The Committee noted the Government’s information that the last Child Labour Force Survey is the one that was conducted by the TSI in 2006. There is no official updated data relating to the child labour force. However, the Government indicated that it is planned to update the child labour force data in collaboration with the TSI by the end of 2011 or beginning 2012. The Committee strongly urges the Government to take the necessary measures to ensure that the TSI conduct its research to obtain up-to-date information on the number of working children in Turkey. The Committee requests the Government to provide this information, particularly on the percentage of children below the age of 15 who are engaged in economic activity, in its next report. To the extent possible, this information should be disaggregated by age and sex.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.