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

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

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, as well as the communication of the Confederation of Turkish Trade Unions (TÜRK-İŞ), dated 17 May 2011, and the communication of the Turkish Confederation of Employers’ Associations (TİSK), of 24 May 2011.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted that, according to the indications of the International Trade Union Confederation (ITUC), Turkey is a country of transit and destination for trafficked children, who are forced into prostitution and debt bondage. The Committee noted that the Children’s Office (in the Commission for the Provinces) organizes a yearly course for its officials on combating the trafficking and sexual harassment of children. It also noted the information contained in the Global Report on Trafficking in Persons of the United Nations Office on Drugs and Crime, according to which a second National Plan of Action to Combat Human Trafficking was prepared in 2007 and was awaiting adoption. The Committee however expressed concern at allegations of complicity by law enforcement officers with human traffickers.

The Committee noted the Government’s indications that 3,816 security officers responsible for surveys of children have been trained by the children’s units on subjects relating to the Convention, including the trafficking of children. The Government added that the second National Plan of Action to Combat Human Trafficking was approved on 18 June 2009 and that it has entered into force. In the framework of this Plan, a Bill on foreign nationals and international protection has been prepared, which establishes measures applicable exclusively to child victims of trafficking. The Government also indicated that, according to the reports of the Office of the Attorney-General, there were 366 cases of trafficking in persons in 2009 and 347 cases in 2010, in which 3,912 and 2,842 presumed traffickers were involved, respectively, as well as 50 and 90 child victims of trafficking. Nonetheless, according to the reports of the criminal courts, only 16 persons responsible for trafficking involving victims under 18 years of age were found guilty and convicted in 2009, and five in 2010. The Government added that 12 law enforcement officers presumed to have been involved in cases of trafficking were identified in 2009, and eight in 2010. However, the Government also indicated that specific sanctions are not envisaged for law enforcement officers, beyond the penalties established in section 80 of the Penal Code to punish persons found guilty of trafficking in persons, and administrative sanctions going as far as dismissal, in accordance with the provisions of the disciplinary rules of the police forces.

While taking due note of the measures adopted by the Government to combat trafficking, the Committee expressed concern at the low number of convictions in relation to the high number of presumed traffickers. The Committee therefore requests the Government to intensify its efforts to ensure that those responsible for the trafficking of children under 18 years of age, as well as complicit law enforcement officers, are prosecuted and that sufficiently effective and dissuasive sanctions are applied in practice. It requests the Government to continue indicating the number of persons found guilty and convicted in cases involving victims under 18 years of age. The Committee also requests the Government to provide information on the implementation of the second National Plan of Action to Combat Human Trafficking and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Necessary and appropriate 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 agricultural sector. The Committee noted previously that the protection afforded by the Labour Code does not cover children who work in agricultural undertakings employing fewer than 50 workers. It noted that, according to the Labour Inspection Board, 87 per cent of working children are employed in small enterprises with between one and nine workers. The Committee also noted that in 2006, 41 per cent of the 958,000 working children between the ages of 6 and 17 years were engaged in agriculture.

The Committee noted the indication by TÜRK-İŞ according to which one of the most important sectors in which children are engaged in hazardous work is seasonal agricultural work.

The Committee noted the Government’s indication that Circular No. 2010/6 of the Prime Minister respecting the improvement of the social and professional life of nomadic seasonal agricultural workers and the project entitled “Improving the social and professional life of nomadic seasonal agricultural workers” (METIP project) envisage significant measures with a view to eliminating child labour in seasonal agricultural work and promoting their access to education. Furthermore, in towns producing nuts, where there is a high density of seasonal workers, a plan of action for the elimination of child labour in seasonal agricultural work for the production of nuts has been implemented. While noting the measures adopted by the Government, the Committee observed with concern that the engagement of children in hazardous types of work in the agricultural sector remains a problem in practice. The Committee requests the Government to intensify its efforts to ensure that children under 18 years of age are not engaged in hazardous types of work in the agricultural sector, particularly in seasonal agricultural work and the nut harvest. In this respect, the Committee requests the Government to indicate the results obtained through the METIP project and Circular No. 2010/6 in terms of the number of children who have been removed from work in the agricultural sector and who have benefited from rehabilitation and social integration services.

2. Children working in the furniture sector and other industrial sectors. The Committee previously noted that the results of the survey on the worst forms of child labour, contained in the Government’s report, showed that, while generally the proportion of working children engaged in the furniture industry is fairly low, in some provinces a significant number of children continue to be engaged in this dangerous work. The survey indicated that, in the province of Çankiri, 5.1 per cent of the children surveyed worked in the furniture industry.

The Committee noted from the communication of the TÜRK-İŞ that the worst forms of child labour continue to exist in this sector, as well as in the auto mechanic industry.

In this respect, the Committee noted the Government’s indication that in the industrial sector children generally work in small enterprises and workshops for the repair and maintenance of cars, the production of furniture and shoes. The Government indicated that in 2009 the Labour Inspection Board conducted 639 inspections in furniture making, 143 inspections in shoemaking and 1,910 inspections in car repair workshops. In 2010, the number of visits in furniture-making and car repair workshops was 1,810. The Government indicated that, as a result of these inspections, the working conditions of 2,087 children and young workers have been improved, that no child under 15 years of age is employed in these sectors and that hazardous and arduous types of work are no longer performed by children and young workers. The Committee further noted that a project came into force in May 2011 in the furniture-making sector in Adana, Ankara, Çankiri, Eskişehir and Bursa with the objective of improving working conditions in enterprises, eliminating unlawful work by children and guiding children towards education. The Committee requests the Government to continue taking measures for inspections to be carried out in the furniture-making, shoemaking and car repair sectors with a view to ensuring that children under 18 years of age do not perform hazardous types of work in these sectors. The Committee requests the Government to continue providing information on the number of children performing hazardous types of work in such workshops or enterprises who have been identified in this way and removed from such work. It also requests the Government to provide information on the impact of the project that entered into force in May 2011 in the furniture-making sector in terms of the number of children who have been removed from hazardous types of work in the sector and then rehabilitated and socially integrated through educational measures.

Clause (d). Children at special risk. Children living or working on the streets. In its previous comments, the Committee noted that, according to the TİSK, nearly 10,000 children were working on the streets of Istanbul and nearly 3,000 in Gazientep. They work under dangerous conditions without protection. It noted that, according to TÜRK-İŞ, work by children in the streets is one of the most dangerous forms of child labour in Turkey and that, while accurate estimates of children working in other sectors are available, the total number of street children remains unknown. The Committee also noted the results of the survey on the worst forms of child labour, contained in the Government’s report, to the effect that, of the nearly 21,000 working children surveyed in the province of Van, 6.7 per cent were working on the streets. Other provinces with high proportions of children working on the streets include Eruyurum, where 4 per cent of the nearly 28,000 children surveyed were found to be working on the streets, and Elaziğ, where the figures are 6.7 per cent and 10,000 children, respectively. The Committee noted that since 1997, the General Directorate of Social Services and Child Protection (SHÇEK) has been operating 36 centres and six shelters in 28 different regions which offer rehabilitation services to children in difficulties, including those who work on the streets.

The Committee noted the indication by TÜRK-İŞ that the phenomenon of children working on the streets still exists in Turkey, but that there is a significant gap in statistics on this subject and that it is necessary to create a database on the phenomenon.

The Committee noted the Government’s indication that there are now 37 centres for children and youth attached to the SHÇEK in 29 regions, offering various services and housing and health care assistance, education and guidance for children living or working on the streets. Through these centres, at the end of December 2010, 246 children had been removed from working in the streets and had returned to school, 948 children who were at risk of being engaged in work and in the worst forms of child labour were placed in school and 3,857 children were provided with support in the education system. The Government added that, in 2009 and 2010, with the support of UNICEF, workshops on the “Service and evaluation model for departmental plans of action” were held in eight pilot towns. The objective of the workshops is to develop plans of action in all towns to reduce the number of children living or working on the streets. The Committee requests the Government to pursue its efforts to ensure that children under 18 years of age who live or work on the streets do not perform work which, by its nature, is likely to harm their health, safety or morals, and to continue indicating the results achieved. It also requests the Government to provide information on the progress achieved in the formulation of plans of action to reduce the number of children living or working on the streets, and the results obtained following their implementation.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, with technical support from the ILO and funding from the European Union, the Government had undertaken a study on the worst forms of child labour in seven provinces which covered 99,356 families in 103 districts and 330 towns. The Committee noted that the results of the study indicated the proportion of children in each of the provinces working in four hazardous sectors: work on the streets, tanning and shoemaking, furniture making and car repair. The Committee noted that of all the provinces surveyed, Van appeared to have the highest proportion of children working in these hazardous sectors (with 9.1 per cent of working children between the ages of 6 and 17 years working in one of the four sectors), followed by Elaziğ (7.1 per cent) and Çankiri (6.2 per cent).

The Committee noted the Government’s indication in its report under the Minimum Age Convention, 1973 (No. 138), that it is planned to conduct a survey to update the statistics on child labour towards the end of 2011 or the beginning of 2012, as the last national study was undertaken by the Institute of Statistics of Turkey in 2006. Expressing the hope that the study on child labour in Turkey will include statistics on the worst forms of child labour, and particularly on hazardous types of work in street work, tanning and shoemaking, furniture making and car repairs, the Committee firmly encourages the Government to take measures to ensure that the study is conducted and completed within the envisaged time frame. It requests the Government to provide the results of this study with its next report. The Committee also requests the Government to continue providing information on the number and nature of the contraventions reported and the investigations undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and 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 near future.