Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Türkiye (Ratification: 2001)

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TİSK) and the Confederation of Turkish Trade Unions (TURK-IS) communicated with the Government’s report as well as the observations of the Confederation of Public Employees Trade Unions (KESK) received on 1 September 2023.

Articles 3 and 5 of the Convention. Worst forms of child labour and monitoring mechanisms. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously requested the Government to pursue its efforts to combat the trafficking of children under 18 years of age, including of migrant and refugee children, and to provide information in this regard as well as information on the number of cases of trafficking of children identified, investigated, prosecuted, convicted, and the penalties imposed in this regard.

The Committee notes the detailed information provided by the Government in its report on the various awareness-raising campaigns and activities undertaken for the public as well as the training programmes, workshops and capacity building activities carried out for labour inspectors and officials involved in combating trafficking in persons. In this regard, over 1 million people were reached through the Sesimsenol (be my voice) campaign conducted within the framework of the “Technical Support Project for Cooperation with Civil Society in the Field of Migration and International Protection” in order to draw attention to this crime. A two-day “Türkiye Anti-Trafficking Summit” was held on 29 and 30 July 2021 highlighting prevention, protection, investigation and prosecution in the context of combating human trafficking, and the “Combating Human Trafficking Summit” was held on 28 July 2022, highlighting the studies, actions and programs carried out in the fields of cooperation. The Government also indicates that within the framework of the “Research Project on Child Trafficking and Human Trafficking Based on Exploitation of Children”, field research was carried out with the International Centre for Migration Policy Development (ICMPD) in nine provinces. This research aims to increase the reliability of data and to support various organizations in Türkiye on evidence-based policy and operational responses so as to better address the vulnerability of children to trafficking.

The Committee also notes the Government’s information that within the scope of Target 8.6 of the Human Rights Action Plan, entitled, “Effective Fight Against Human Trafficking” and “Rehabilitation of Foreigners Under the Scope of International Protection and Temporary Protection and Strengthening their Access to Justice”, crimes and penalties related to trafficking in persons shall be reviewed; regular training for judges, prosecutors and law enforcement agencies mandated to deal with crimes related to human trafficking shall be provided; and necessary measures to protect victims of trafficking shall be taken.

The Committee notes that according to the 2021 Türkiye Annual Report on Trafficking in Persons, as referred to by TİSK, in its communication, of the 282 victims of trafficking identified in 2020, 36 victims were aged 18 or below. The Committee further notes from the table indicating the legal processes concerning trafficking of children and other offences under the Penal Code, provided in the Government’s report, that from June 2016 to August 2023, 160 cases of trafficking under section 80(3) of the Penal Code related to trafficking of children under 18 years were filed against 236 suspects, of which 35 suspects were convicted. However, no information on the specific penalties imposed on perpetrators of trafficking of children has been provided. In this regard, the Committee notes that the United Nations Committee on the Elimination of All Forms of Discrimination against Women (CEDAW), in its concluding observations of 12 July 2022, expressed concern at the underreporting of and low conviction rates in trafficking cases (CEDAW/C/TUR/CO/8, paragraph 35). The Committee requests the Government to take the necessary measures to ensure that perpetrators of child trafficking are subject to thorough investigations and prosecutions and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to continue its efforts to strengthen the capacity of the law enforcement bodies and other officials engaged in the field of combating trafficking and to continue to provide information on the measures taken in this regard. It also requests the Government to continue to provide statistical information on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years of age.

Clause (d) and Article 4(1). Hazardous work and excluded categories of work. In its previous comments, the Committee noted that the Labour Law and the Child Employment Regulation excluded from their scope of application, workers in businesses with less than 50 employees in the agricultural and forestry sector, construction work related to agriculture within the framework of the family economy, and domestic service. It also noted that the National Programme on the Elimination of Child Labour (2017–2023) determined work on the streets, heavy and hazardous work in Small and Medium-Sized Enterprises, and seasonal mobile and temporary agricultural work, except for family business, as worst forms of child labour in the country and underlined that child labour in seasonal mobile and temporary agricultural labour is one of the most hazardous sectors in terms of occupational diseases and work accidents.

The Committee notes that TURK-IS, in its communication points out that amendments must be made in the “Regulation on the Procedures and Principles for the Employment of Children and Young People” and that there must be a clear and absolute prohibition on children from working for payment in seasonal agricultural jobs, other than in family jobs in agriculture. In its communication, the KESK indicates that according to the Household Labour Survey of 2022, the labour force participation rate of children aged 15–17 was 18.7 per cent in 2022, an increase from 16.4 per cent in 2021. Furthermore, the KESK refers to a document by the Occupational Health and Safety Council which indicated that at least 888 children lost their lives due to work-related accidents since 2002.

The Committee notes the Government’s information that the Directorate of Inspection and Guidance of the Ministry of Labour and Social Services (MoLSS) carries out scheduled and unscheduled labour inspection activities in workplaces and that children and young workers are considered as the priority risk groups in all such inspections. Accordingly, administrative fines of up to a total of 799,437 Turkish lira were imposed on 244 workplaces for the violation of the provisions of the Regulation on the Procedures and Principles of Employment of Child and Young persons. The Committee also notes from the Government’s report that one of the targets for the agricultural sector in the National Employment Strategy (2014–2023) is to take the necessary technical and legal measures to eliminate paid child labour in seasonal mobile and temporary agricultural work. With regard to the number of children under the age of 18 years who had lost their lives due to work accidents as referred to by KESK, the Government states that such statistics are incompatible with the facts provided by the official records maintained by the Social Security Institution (SSI) which indicate much lower numbers. The SSI records indicate that 12 persons under the age of 18 years have lost their lives due to work related accidents in 2022. Observing with concern that children are at risk of workplace injuries and death, the Committee urges the Government to take the necessary measures to ensure that all children under 18 years of age are protected from hazardous work, particularly children working in Small and Medium-Sized Enterprises, and in seasonal mobile and temporary agricultural work. It requests the Government to provide information on the measures taken in this regard, including within the framework of the National Employment Strategy.The Committee also requests the Government to continue to provide information on the functioning of the Directorate of Inspection and Guidance of the Ministry of Labour and Social Services in monitoring hazardous work by children in the agricultural sector and the number of children identified and withdrawn from such work. Lastly, it requests the Government to indicate any measures taken or envisaged to amend the scope of the provisions of the Labour Law and related Regulations to cover children working in seasonal agricultural work and enterprises in which the number of workers is 50 or below.

Articles 5 and 7(2). Monitoring mechanisms and effective and time-bound measures. Hazardous work in seasonal hazelnut agriculture. The Committee previously noted that the Government had been implementing the “Seasonal Agricultural Workers Project” (METIP) and the “Integrated Model for the Elimination of the Worst Forms of Child Labour in Seasonal Agriculture in Hazelnut Harvesting in Turkey” to eliminate hazardous work by children in seasonal agriculture.

The Committee notes the Government’s information that the MoLSS in cooperation with the Rainforest Alliance, has been carrying out the “Sustainable Hazelnut Villages Project” to reduce hazardous child labour in seasonal mobile agriculture through strengthening and improving public-private sector cooperation. This project aims to combat the root causes of child labour and to improve the living and working conditions of seasonal mobile agricultural workers and their families. In addition, within the framework of the Child Labour Prevention Program carried out in cooperation with the MoLSS and the Young Life Foundation, the “Hazelnut Excuse” Project is being implemented, with the aim of eliminating child labour in the supply chain of the BALSU private company in Sakarya, Düzce, Ordu, Samsun and Giresun provinces during the harvest period of 2022. The Government further indicates that the Units for Combating Child Labour, established within the MoLSS, carry out activities such as detecting and monitoring the worst forms of child labour with the aim of preventing children from carrying out heavy and hazardous jobs in industry, on streets and in seasonal mobile temporary agriculture.

The Committee also notes that the TİSK, in its communication, states that the European Union funded project entitled, “Prevention of Child Labour in Seasonal Agriculture” commenced in October 2020 and aims to strengthen national and local capacity to eliminate the worst forms of child labour in seasonal agriculture and provide services to at-risk children and their families. In this regard, the Government indicates that within the framework of the project “Prevention of Child Labour in Seasonal Agriculture”, a Data Sharing Protocol with a Child Labour Tracking System is under preparation. The Committee requests the Government to continue its efforts to reduce hazardous child labour in seasonal hazelnut agriculture, and to provide information on the activities and the results of the various projects, including the “Sustainable Hazelnut Villages Project” and the “Hazelnut Excuse” Project implemented in this regard. It also requests the Government to provide information on the functioning of the Units for Combating Child Labour in monitoring hazardous child labour in seasonal agricultural work, in particular hazelnut harvesting as well as on the number of children identified and withdrawn from such work. Lastly, the Committee requests the Government to provide information on the establishment of the Child Labour Tracking System and its impact on eliminating hazardous child labour in seasonal agriculture.

Article 7(2). Effective and time-bound measures. Clause (b). Provide the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s information that the Coordination Committee for Combating Human Trafficking which has now been transformed into the Anti-trafficking Coordination Board, has made increased efforts to combat trafficking in persons and protect victims of trafficking. It also notes the Government’s information that within the scope of Target 8.6 of the Human Rights Action Plan, an action plan on “Rehabilitation of Foreigners Under the Scope of International Protection and Temporary Protection and Strengthening their Access to Justice” has been envisaged, which amongst others aims to take measures to effectively protect victims of trafficking.

In addition, the emergency hotline “YIMER 157” (Foreigners Communication Center) for victims of trafficking, including children provides uninterrupted service in seven languages. The Committee further notes the Government’s information that the Provincial Directorates of Migration Management identified 85 child victims of trafficking (including 78 girls) in 2020; 118 child victims (including 68 girls) in 2021; 72 child victims (including 47 girls) in 2022; and 18 child victims (including 10 girls) until 31 May 2023 who were victims of sexual exploitation, labour exploitation and forced begging. The most commonly identified nationalities among these child victims were Syrian, Afghan and Turkish nationals.

The Committee takes note of TİSK’s statement under the Forced Labour Convention, 1930 (No. 29), that services for victims of trafficking are provided through the “Victim Support Programme” and “Voluntary and Safe Return Programme” based on the principle of consent, which aim to ensure that victims of trafficking in persons can recover from the effects of what they have been through and be reintegrated into society, by considering the safety, health and personal circumstances of the victims and keeping them informed during and after the reflection period. The Committee requests the Government to provide specific information on the measures taken by the Anti-trafficking Coordination Board as well as within the scope of Target 8.6 of the Human Rights Action Plan, to withdraw children from trafficking as well as to provide for their rehabilitation and social integration. It requests the Government to continue to provide information on the number of child victims of trafficking identified through YIMER 157 and rehabilitated.

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