Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Türkiye (Ratificación : 2001)

The Committee takes note of the Government’s first report, and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that, according to the ILO-IPEC report of 28 August 2003 (Supporting the Time-Bound National Policy and Programme for the Elimination of the Worst Forms of Child Labour in Turkey, page 47) the Government has adopted the Eighth Five-Year Development Plan (2000-05) whose objectives are directly and indirectly influencing child labour. Policies taken thereunder will include measures to: (i) increase family income; (ii) provide social welfare and security to families and reduce the costs of education for poor families; (iii) eliminate the causes forcing children to go to work or to become involved in crime and drug abuse; (iv) enhance the capacity of institutions providing services to children in terms of the number and skill levels of staff; and (v) harmonize national legislation with international Conventions.

Article 3. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Forced or compulsory labour. The Committee notes that, by virtue of article 18, paragraph 1, of the Turkish Constitution, forced labour and unpaid compulsory work are prohibited. The Committee also observes that section 201 (b)(1) of the Criminal Code as amended by Law No. 4771 of 3 August 2002 provides that "anyone with the aim of benefiting from people being put to work or being servants, contingent on them being slaves or similar or on their providing their bodily organs, their being endangered, pressurized, constrained or subject to violence, anyone who abuses their power, burns or benefits from people being experimented on or neglected" is guilty of an offence.

2. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 2 of the Law on Military Service No. 1111 of 1927, the minimum age for admission to compulsory military service is 21. Section 11 of the aforementioned Law also states that the minimum age for admission to voluntary military service is 18. The Committee also observes that section 179 of the Criminal Code provides that it is an offence to deprive a person of his/her liberty to deliver the victim to a foreign country to be used in military service.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, by virtue of section 420 of the Criminal Code, whoever, for the purpose of prostitution and in a way to violate public decency, suffers women to dance in public places as well as the woman who voluntarily dances in such a place, commits an offence. Section 435 of the Criminal Code provides that whoever entices and instigates a minor under 21 to prostitution and facilitates the ways thereof commits an offence.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 426 of the Criminal Code provides that it is an offence to: (i) exhibit obscene books, newspapers, or other documents, pictures, photographs, films; (ii) put on stage or show obscene documents or matters in theatres, cinemas or other public places; (iii) distribute or sell obscene items; and (iv) import, export, draw, manufacture, print, reproduce or record such items. According to section 11(c) of Law No. 2559 on the duties and authorities of the police, it is an offence to produce and sell films, records, videos and cassettes which are in contradiction with the general morality and manners. The Committee observes however that these legal provisions do not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances, constitutes one of the worst forms of child labour and is therefore prohibited for children under 18. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances is prohibited, and that effective penalties are provided.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, by virtue of section 403 of the Criminal Code, it is prohibited to use a minor under 18 years of age to manufacture, import, export, sell, purchase, or transport narcotic drugs or psychotropic substances.

Article 3, clause (d) and Article 4, paragraph 1. Hazardous work. The Committee notes that section 12 of Law No. 2259 on police duties and powers as amended by Law No. 4771 of 3 August 2002, states that no one under 21 years of age shall be employed in places of entertainment, gambling, drinking or of similar purposes and requiring a licence. The Committee also observes that, according to section 72 of Labour Law No. 4857 of 22 May 2003, it is prohibited to employ boys under 18 years of age and females of any age in underground or underwater work such as in mines, cabling, sewerage and tunnel construction. It is further prohibited to cause children under 18 years of age to perform night work in industrial works (section 73 of the Labour Law). The Committee also observes that Appendix 3 of Decree No. 25425 of 6 April 2004 taken pursuant to section 71 of the Labour Law of 2003, provides for a list of 19 types of work prohibited to persons under 18 years of age; reference is made therein to jobs which are prohibited by virtue of the Regulations on Heavy and Dangerous Work of 1973.

While noting that approximately 125 types of hazardous work are prohibited for children under 18 by virtue of Decree No. 25425 of 6 April 2004, read in conjunction with the Regulations on Heavy and Dangerous Work, the Committee observes that, by virtue of section 85 of the Labour Law and section 2 of the Regulations on Heavy and Dangerous Work, the general minimum age for admission to "heavy and dangerous" work is 16. It reminds the Government that according to Article 3(d) of the Convention, the Government shall take the necessary measures to ensure that no children under 18 years of age perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the minimum age for admission to work that is likely to harm the health, safety and morals of a child is 18 years of age.

2. Certain excluded categories of work. The Committee notes that, by virtue of section 4 of the Labour Law, the following activities or categories of workers are excluded from its scope of application: (i) sea and air transport enterprises; (ii) enterprises of 50 employees or less carrying out agricultural and forestry work; (iii) building work related to agriculture within the limits of family economy; and (iv) domestic services. However, section 4 of the Labour Law indicates that the following activities are subject to the provisions of the Labour Law: loading and unloading items from ships, work performed at ground facilities in aviation, and construction work in agricultural enterprises. The Committee also notes that, according to the Child Labour Survey of 1999 prepared by the State Institute of Statistics with the support of ILO (table 18), 57.6 per cent of child workers are found in agriculture. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, children under 18 shall not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure the protection of children under 18 working in the activities listed above from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s indication that the organizations of employers and workers, as well as public organizations were consulted during the drafting of the national programme on preventing child labour. The Government also states that the surveys conducted by the Labour Inspectorate and other public organizations revealed that the following types of work constitute hazardous work: work performed by street children; heavy and dangerous work performed by children in small and medium undertakings (shoe-repairing and saddlery sector, car and body repair shop, furniture industries), as well as work performed in agriculture (excepting when carried out in a family farm). The Committee notes that a three-year programme of action was launched in 2001 to eliminate hazardous work in selected industries in Izmir, namely footwear, auto-repair and garment industries. The Committee asks the Government to provide information on any other measures taken or envisaged to address the situation of children working in the identified hazardous occupations.

Paragraph 3. Periodic examination and revision of the list of the types of hazardous work. The Committee notes that the Labour Law does not provide for the periodic review of the list of hazardous work. The Committee accordingly asks the Government to provide information on the periodic examination and review of the list of the types of hazardous work that shall not be performed by children under 18 years of age.

Article 5. Monitoring mechanisms. The Committee observes that, following the Government’s decision to participate in the ILO-IPEC programme in 1992, a Child Labour Unit (CLU) was established within the Ministry of Labour and Social Security. The CLU is responsible for gathering and disseminating relevant information on child labour, ensuring coordination among cooperating parties and developing policies related to child labour. The Committee asks the Government to provide information on the activities of the CLU and its impact on eliminating the worst forms of child labour.

The Committee also notes that, according to the ILO-IPEC report of 28 August 2003 (page 48), the Ministry of Interior has established the Department of Minor Protection (DMP) to protect working children from abuse and exploitation at the workplace. Moreover, it has established Child Police in all provinces to meet the special needs of minors. The Committee accordingly requests the Government to provide information on the concrete measures taken by the Department of Minor Protection and the Child Police and the impact of such measures on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes, with interest, that the Government signed a Memorandum of Understanding with ILO-IPEC in June 1992 which was extended first to 2001, and then to 2006. The Committee notes that since 1992, over 100 action programmes have been implemented in the country within the framework of the ILO-IPEC country programme. Up to now, IPEC projects carried out over the last ten years have reached 50,000 children, of whom 16 per cent were withdrawn from work and placed in schools. It also observes that the remaining 40 per cent of child workers have benefited from improved working conditions, health assistance and vocational training services. It further notes that about 25,000 families have received counselling services and assistance in the form of literacy and vocational training, income-generation activities and awareness raising on the hazards of child labour. The Committee asks the Government to continue to provide information on the measures taken within the framework of the ILO-IPEC country programme and their impact on securing the prohibition and elimination of the worst forms of child labour. It also observes that the Government has launched, with the support of the ILO-IPEC, several programmes to eliminate the worst forms of child labour. For instance, it observes that the programme "Rehabilitation and Prevention of Working Children in Yalova, Marmara Earthquake Region" (2000-03) resulted in the establishment of a centre for the rehabilitation of working children in Yalova. A similar programme was conducted in Gölcük and Adapazari which resulted in 53 street children withdrawn from work and placed in education; 15 children working in the street were withdrawn and enrolled into the vocational training system; and other children benefited from nutritional support or health-care services. The Committee also notes that the Government has undertaken, with the support of the UNICEF, a master plan of action which focuses heavily on child labour issues. The Committee asks the Government to continue to provide information on the measures taken to eliminate the worst forms of child labour and the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes that, by virtue of section 201(b), subsection (1) of the Criminal Code, a person, who with the aim of benefiting from people being put to work or being servants, contingent on them being slaves or similar or on their providing their bodily organs, their being endangered, pressurized, constrained or subject to violence, or anyone who abuses their power, burns or benefits from people being experimented on or neglected, is liable to five to ten years’ imprisonment and a fine of not less than 1 billion Turkish liras. Section 435 of the Criminal Code also provides that a person who entices or instigates a minor under 21 to prostitution or facilitates the ways thereof is liable to imprisonment for six months to two years and a fine of 50 to 200 Turkish liras; penalties will be increased to a minimum term of imprisonment of two years if the victim is under 15 and a fine of 100 to 500 Turkish liras. According to section 403 of the Criminal Code, a person who uses a minor under 18 years of age to manufacture, import, export, sell, purchase, or transport narcotic drugs or psychotropic substances is liable to four to 20 years’ imprisonment; the penalties will be increased by a sixth when the person used for the aforementioned acts is a minor. Section 104 of the Labour Law provides that a person who engages a person under 18 years of age in underground or underwater work, as prohibited under section 72, is liable to a fine of 500,000 Turkish liras. The same penalty will apply to a person who employs a child under 18 in night work, in breach of section 73 of the Labour Law, or in any work mentioned in the list of the types of hazardous work prescribed by Decree No. 25425 of 6 April 2004 taken pursuant to section 71 of the Labour Law. The Committee also notes that section 12 of Law No. 2259 on police duties and powers (as amended by Law No. 4771 of 3 August 2002) states that no one under 21 years of age shall be employed in places of entertainment, gambling, drinking or of similar purposes and requiring a licence. The Committee asks the Government to provide information on the applicable penalties for the violation of section 12 of Law No. 2259 on police duties and powers.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that in 2004 the Government has adopted, with the support of the ILO-IPEC, a National Time-Bound Policy and Programme Framework for the Elimination of Child Labour (hereinafter TBP). The basic target is the elimination of the worst forms of child labour within ten years.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Social support centres. The Committee notes the Government’s indication that the experts from the social support centres for working children offer the following services to working children: (i) education of the family members (including alphabetization, professional training, first aid training, and information on child rights as well as on hygiene and nutrition); (ii) collect information on the illiterate families; (iii) inform families on family planning methods; (iv) help families to obtain medical services; and (v) make sure that families benefit from welfare programmes. The Committee asks the Government to continue to provide information on the measures taken to prevent the engagement of children in the worst forms of child labour as well as on their impact.

2. Education. The Committee notes that article 42 of the Constitution provides that primary education is compulsory and free for all citizens. It also observes that following the adoption of Law No. 4306 on basic education in 1997, compulsory basic education was raised from five to eight years.

The Committee observes that, according to the ILO-IPEC study entitled "Gender, education and child labour in Turkey" of 2004 (page 59), the net enrolment rate in basic education was approximately 90 per cent in 2000. It also observes regional disparities in the access to education; thus eastern regions are marked by the lowest rates of enrolment in primary education (76.8 per cent eastern Anatolia and 83.9 per cent for south-east Anatolia) whereas the Marmara region has the highest enrolment rate at almost 100 per cent. The Committee further observes that, according to the Child Labour Survey of 1999, 52.1 per cent of children aged 6-17 years work 40 hours or more per week.

The Committee observes that a Basic Education Programme is being implemented with the support of the World Bank to expand and improve existing educational facilities to ensure that children aged 6-14 can attend school (ILO-IPEC report, Supporting the Time-Bound National Policy and Programme for the Elimination of the Worst Forms of Child Labour in Turkey, 28 August 2003, page 93). The first component of the programme is the "Social Aid Project in Support of Eight-Year Primary Education" which aims at providing school uniforms, textbooks and other educational materials free of charge to children from poor families. The second component is the "Regional Primary Education Boarding Schools (YIBO) and Primary Schools with pensions (PIO)" whose objective is to ensure access to primary education services in rural areas, villages and subvillage settlements that do not have schools, and for children from poor families. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the number of working hours performed by children enrolled in primary education does not prevent them from attending school and take advantage of it. It also asks the Government to provide information on the impact of the Basic Education Programme on improving attendance at school of children living in rural areas and of children of poor families.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. Children working in the automobile repair, footwear and garment industries. The Committee notes that the Ministry of Labour and Social Security launched, with the support of the ILO-IPEC, an "Integrated Programme for the Elimination of the Worst Forms of Child Labour in Selected Industrial Areas in Izmir" (2001-04). The programme targets the automobile repair, footwear and garment sectors. The Committee notes that, according to the ILO-IPEC report entitled "Overview of IPEC activities in Turkey" (pages 11-12), 3,479 children under the age of 15 were withdrawn from work and enrolled in primary school since the beginning of the programme in 2001. It also observes that 1000 children aged 15-18 were withdrawn from the worst forms of child labour and enrolled into the Apprenticeship Training Centres of the Ministry of Education. The Committee asks the Government to continue to provide information on the measures taken to remove children from the worst forms of child labour in the abovementioned sectors and the results achieved.

2. Children working in the metal sector. The Committee notes that a one-year programme of action was launched in 2001 by the Turkish Confederation of Employers Associations (TISK) with the support of ILO-IPEC to contribute to the progressive elimination of child labour in the metal sector in Istanbul through strengthening the capacity of the Child Labour Unit. The Committee observes that one of the objectives of the programme is to improve the working conditions of children aged 15 to 18 working in hazardous conditions in the metal sector. The Committee notes that, according to the ILO-IPEC report on the elimination of child labour in the metal sector in Pendik Industrial Site, courses on first aid, health and medical services were provided to more than 2,000 children aged 15 to 18. It also notes that 240 employers were trained to improve the working conditions of children and the quality of on-the-job training provided to child workers. The Committee asks the Government to indicate whether similar programmes were launched in other parts of the country or in other sectors of the economy likely to employ children under 18 in hazardous work.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee notes the Government’s indication that a protocol was signed between the Labour Inspectorate and the General Directorate for Primary Education to send child workers to school and resulted in 2,900 children sent back to school, out of whom 1,205 were under 15 years of age. In addition, the project allowed 1,012 children who were at risk of being engaged in child labour to have access to education. The Committee further notes that a vocational training programme will be established and existing programmes strengthened to enable children between the ages of 15 and 18 to escape from the cycle of poverty by developing their skills and enabling them to find more attractive employment alternatives. It also observes that vocational courses offered through the Ministry of Agriculture will be made more accessible to working and at-risk children in rural areas. The Committee requests the Government to provide information on the impact of the abovementioned measures to rehabilitate children previously engaged in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. 1. Industrial work. The Committee notes with interest that the Report on the implementation of labour inspection policy on child labour in Turkey prepared by the Labour Inspection Board in June 2000 (pages 79-94) identified risks faced by children working in the wood products sector (furniture, polyester and upholstery), leather sector, or footwear, leather garment sector, garment sector, hotel management and catering sector, metal sector (including hot/cold metal processing, auto repair and maintenance) and prepared action programmes to eliminate those risks. The Committee observes that, according to the labour inspections’ findings, child workers face the following problems: (i) working with/on dangerous equipments and procedures; (ii) high noise levels; (iii) long working hours; and (iv) absence of health insurance. The Committee also observes that measures were taken to withdraw children working in hazardous occupations in the footwear, auto-repair and garment sectors in Izmir. The Committee requests the Government to provide information on the measures taken to eliminate the worst forms of child labour in the types of work identified as hazardous by the Labour Inspection Board.

2. Agriculture. The Committee observes that children working in agricultural undertakings employing 50 persons or less do not benefit from the protection laid down in the Labour Law. It also observes that out of the 1,008,000 working children aged 6 to 14, 77 per cent are in agriculture (Report on the implementation of labour inspection policy on child labour in Turkey, the Ministry of Labour and Social Security, Labour Inspection Board, June 2000, page 2). Moreover, it notes that, according to the Labour Inspection Board, 87 per cent of working children are employed in small-size undertakings employing one to nine workers. The Committee notes that, according to the TBP report of May 2004 (pages 46-47), children who are engaged in seasonal agricultural work leave their village during specific seasons for five to seven months to engage in such activities as hoeing, haying, harvesting, etc. The report indicates that of all children working in agriculture, these children are the most affected by such factors as inadequate transportation, boarding/sheltering, nutrition, water and sanitation, health care and education. It further states that due to the fact that this type of employment is unregistered, there are no accurate figures for the number of individuals who fall into this category. The TBP further indicates that children working in seasonal commercial agriculture will be taken as a priority group for the elimination of child labour because they lack opportunity for education, work without protection and are very young. The Committee accordingly asks the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 working in the agricultural sector are protected from the worst forms of child labour.

Clause (e). The special situation of girls. The Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.152, 9 July 2001, paragraphs 55-56), expressed its concern at the high dropout rates among girls after the third grade (which corresponds to the age of 9), particularly in rural areas. It also notes that, according to ILO-IPEC study entitled "Gender, education and child labour in Turkey" of 2004 (page 59), the net enrolment rate in basic education in 2000 was 93.6 per cent for boys and 87.8 per cent for girls. The Committee further observes that the ILO-IPEC report of 28 August 2003 (Supporting the Time-Bound National Policy and Programme for the Elimination of the Worst Forms of Child Labour, page 93) indicates that special attention will be paid, within the TBP to the enrolment of girls into the primary education system in an effort to combat socio-cultural attitudes that give priority to the education of boys. As part of these efforts, intensive awareness raising and training of parents will be carried out to encourage the education of girls. The Committee asks the Government to provide information on the concrete measures taken or envisaged to improve the access to primary education for girls and reduce the dropout rates, and the results achieved.

Article 8. International cooperation and/or assistance. 1. International cooperation. The Committee observes that the Government ratified the Convention on the Rights of the Child in 1995, the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2002, and the Optional Protocol on the involvement of children in armed conflict in 2004.

2. Bilateral cooperation. The Committee notes the Government’s indication that it shared the lessons learned from the implementation of ILO-IPEC programmes with Albania, Romania and Yemen.

3. Elimination of poverty. The Committee notes that, according to the ILO-IPEC report entitled "Overview of IPEC activities in Turkey" (page 26), the Development Foundation of Turkey and the Confederation of Turkish Tradesmen and Handicrafts jointly initiated a programme to support income-generation activities for families of child workers through the ILO’s Start Your Business Programme. The programme targets 270 families, and assumes that one business created removes one to three children from hazardous work, by increasing family income and thus leading to the withdrawal of children from work. The programme benefited 405 children.

Furthermore, the Committee observes that the Government launched the southeastern Anatolia project (GAP) administration which is a multi-sectoral project implemented to increase the income levels in nine provinces in southeastern Anatolia, one of the least developed regions of the country. Noting that this project contributes to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to supply information on any notable impact of the project towards eliminating the worst forms of child labour.

Part V of the report form. The Committee observes that the State Institute of Statistics, which is the national statistical organization of Turkey implemented the Child Labour Survey in 1994 and 1999 and has undertaken, in collaboration with the Ministry of Labour and Social Security, the construction of a child labour database comprising regularly updated quantitative as well as qualitative data. It also notes that according to the report of the Ministry of Labour and Social Security on the implementation of labour inspection policy on child labour in Turkey of June 2000 (page 46), children experienced the following problems: 45 per cent of children working in the wood products sector were asked to carry heavy loads and 23 per cent were asked to use machinery; children working in the leather sector experienced problems with working hours (25 per cent) or carrying loads (13 per cent); 77 per cent of children working in the metal sector complained about the temperatures; and all children working in furniture workshops suffered from the effects of noise and vibrations and 66 per cent of them were working in a place with insufficient ventilation. According to the Labour Inspector’s report, children work in poor working environments without sufficient attention paid to health and safety and face serious risks. Thus, the report indicates that 24.9 per cent of child workers have no protection against health and safety risks which might occur at the workplace. The Committee asks the Government to continue to provide information on the worst forms of child labour, including information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.