Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the Government’s report, in addition to the communication of the Turkish Confederation of Employers’ Associations (TÍSK) dated 1 March 2010, and the communications of the Confederation of Turkish Trade Unions (TÜRK-IS) dated 1 September 2009 and 1 March 2010.

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-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. The Committee also noted that one of the objectives of the national Time-bound Policy and Programme Framework (TBPPF) was to establish a coherent policy for the elimination of child labour. It noted that the Child Labour Unit (CLU), established by the Ministry of Labour and Social Security had developed a policy framework for the elimination of child labour in Turkey, which was presented for comment to the various organizations concerned with child labour. The Committee further noted that the Government was implementing programmes in collaboration with ILO–IPEC, and requested it to provide information on the results achieved through these programmes.

The Committee notes the Government’s statement that the framework for a national programme and policy for the elimination of child labour has been elaborated by the 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 Government indicates that, through this framework, it will implement activities aimed at eliminating child labour through awareness raising, poverty reduction and the improvement of the quality and the accessibility of education.

The Committee notes 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 notes that the issue of child labour is included as a priority in the Government’s Joint Inclusion Memorandum with the EU, and that the EU has provided pre-accession assistance to address this phenomenon. The Committee further notes the information in the Government’s report that the programme of collaboration between the Government and UNICEF for the years 2006–10 included activities focused on the reduction of child labour. In addition, the Committee notes 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.

The Committee notes the Government’s indication that the project entitled “Combating child labour through education” was implemented between 2004–08 by the firm IMPAQ under the coordination of the CLU, with support from the ILO, the Ministry of Education and the Ministry of Agriculture. The Government’s report indicates that the project reached 4,224 families, directing 118 family members and 108 children towards vocational courses. The Government’s report also indicates that through this project, 838 training programmes were organized for teachers and school directors and 927 children benefited from the distribution of hygiene kits and school materials, in addition to the provision of classroom support and clothing. The Committee also notes the information in the Government’s report that the Ministry of National Education implemented a direct action programme on child labour in seasonal commercial agriculture, with the participation of TÜRK-IS and TÍSK, from 2005 to 2007. The Committee further notes the information in the Government’s report that between 2007–08 the CLU implemented a project to raise awareness on child labour through media organizations.

While taking note of these measures, the Committee observes 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). Therefore, the Committee requests the Government to strengthen its efforts for the progressive elimination of child labour, particularly with regard to children working in agriculture. It also requests the Government to continue to provide detailed information on the results achieved through the implementation of the abovementioned initiatives.

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. It also noted the Government’s indication that activities were being undertaken in collaboration with ILO–IPEC to prepare the necessary regulations to improve national legislation concerning the permits for the participation of children in artistic activities granted by the competent authority, and requested information on progress made in this regard.

The Committee notes the statement by TÜRK-IS that a system regulating children’s involvement in artistic endeavours is necessary, to allow for the monitoring and protection of these children. The Committee notes 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 notes the Government’s indication that preparatory technical work was completed in this regard. The Committee further notes 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). 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 requests the Government to take the necessary measures to ensure that the forthcoming amendments, pursuant to Chapter 19 of the NPAA, are in conformity with the Convention. The Committee requests the Government to provide a copy of the relevant legislation, once adopted.

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 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 notes the statement by TÜRK-IS 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-IS indicates that to address this issue, poverty reduction is necessary and education should be encouraged. The Committee also notes the information in the Government’s report that the percentage of children between the ages of 6–14 who are working has dropped from 8.8 per cent in 1994, to 5.1 per cent in 1999 and to 2.6 per cent in 2006. Noting the absence of recent statistical data in the Government’s report, the Committee strongly urges the Government to take the necessary measures to ensure that up-to-date information on the number of working children in Turkey is available. 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.