Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee had noted the indication of the Confederation of Turkish Trade Unions (TÜRK-IS) 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. TÜRK-IS had added that the effectiveness of a national policy to eliminate child labour depends entirely on the elimination of the causes of child labour, namely the employment and employment stability of adults, but that government policy was not designed along those lines.

The Committee had also previously noted that, in addition to the elimination of the worst forms of child labour within ten years, one of the objectives of the national Time-Bound Policy and Programme Framework (TBPPF) was also to establish a coherent policy for the elimination of child labour. In this respect, it had noted that the Child Labour Unit (CLU), established by the Ministry of Labour and Social Security with a mandate to gather and disseminate information on child labour, ensure coordination among cooperating parties and develop policies related to child labour, had developed a Policy Framework for the Elimination of Child Labour in Turkey, which was presented for comment to the various parties concerned by child labour.

The Committee noted the information provided by the Government in its report, particularly with regard to the programmes of action implemented in collaboration with ILO–IPEC. Furthermore, the Committee notes with interest that, according to the Biannual Interim Report of 27 November 2006 to 31 May 2007 on the ILO–IPEC project “Eradicating the worst forms of child labour in Turkey”, this project aimed to help make a significant reduction in child labour, in line with the Government’s strategy of eliminating the worst forms of child labour by 2015. One of the main objectives of the project is to enhance the national and regional capacity of the CLU. To that end, many measures have been taken by the Government, including training programmes on child labour monitoring and child labour and education, awareness-raising events and guidance and referral services to working children, children at risk and their families.

The Committee also noted that a third Child Labour Survey was conducted by the Turkish Statistics Institution, with ILO–IPEC’s support, in the period from October to December 2006. It noted with interest that according to the results of this survey, the proportion of working children (aged 6–17 years) has dropped from 10.3 per cent in 1999 to 5.9 per cent in 2006. Furthermore, according to the Biannual Interim Report, a comprehensive and integrated child labour monitoring system (CLM) was established which includes two components: (1) the monitoring itself, and (2) the provision of social support for rehabilitation and referral according to the needs of the children withdrawn from work. As a result of the monitoring system, 4,209 children in various sectors of work, worst forms and otherwise, have been identified during the October–December 2006 reporting period, of which 3,611 have been either withdrawn from work or prevented from starting to work. Nevertheless, the Committee noted that, according to the Child Labour Survey, 320,000 children in the 6–14 age group were working in 2006. While noting the measures adopted by the Government to eliminate child labour, the Committee once again encourages the Government to redouble its efforts to progressively improve this situation. It once again requests the Government to provide detailed information on the results achieved by the implementation of the abovementioned ILO–IPEC programmes in eliminating child labour and its worst forms. Finally, it also requests the Government to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts of inspection reports, as well as the number and nature of contraventions reported and penalties imposed.

Article 3, paragraph 3. Authorization to perform hazardous work from the age of 16 years. In its previous comments, the Committee had noted that the regulations on hazardous and arduous work of 1973 define the types of work considered to be hazardous and arduous and those to which young persons between the ages of 16 and 18 years may be admitted. It had also noted the adoption of Regulations No. 25494 on hazardous and arduous work of 16 June 2004 which include, in Appendix 1, a detailed list of hazardous types of work which may be performed by young workers between 16 and 18 years of age. It had also noted that, under the terms of section 4 of Regulations No. 25494, the conditions set out in Article 3(3) of the Convention are respected, namely that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity.

The Committee notes with satisfaction the Government’s information that the Regulations on hazardous and arduous work of 1973 have been repealed by a decision of the Council of Ministers of 7 April 2006 and by the publication of this decision in the Official Gazette No. 26152 of 28 April 2006. It also noted that various employers’ and workers’ organizations (the TISK, TÜRK-IS, HAK-IS and DISK confederations) were consulted at the time of the enactment of Regulations No. 25494 in 2004.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee had noted that the categories of employment or work which have been excluded from the scope of application of the Convention, by virtue of the flexibility clause contained in Article 4, consist of limited categories of employment or work. It had further noted that under the terms of section 4(1) of the Labour Act, No. 4857 of 22 May 2003 (Labour Act), the following activities and categories of workers are not covered by the Act: (a) sea and air transport businesses; (b) enterprises carrying out agricultural and forestry works and employing fewer than 50 workers; (c) all building work related to agriculture within the limits of the family economy; and (d) domestic service. It had noted that the Act on Turkish civil aviation regulates the working conditions of personnel on aircrafts and that the minimum age for admission is 18 years, but that Maritime Labour Act No. 854 does not contain a provision establishing the minimum age for admission to employment or work. The Committee had reminded the Government that Article 5(3) of the Convention enumerates the sectors of economic activity to which it shall be applicable as a minimum, which include maritime transport.

The Committee noted the Government’s information that the minimum age required for admission to employment as a seafarer is provided for in the Regulations for Seafarers, published in the Official Gazette No. 24832 of 31 July 2002. The Committee noted with satisfaction that, according to these Regulations, the minimum age required for work as a seafarer at the lowest levels, including as deck boys, wipers and cadets, is 16 years of age.

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

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