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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 8 of the Convention. Artistic performances. The Committee previously noted with satisfaction the amendment of section 71 of the Labour Law, according to which children under 14 years of age may work in art, cultural and advertising activities, without harming their physical, mental, social and moral development or interfering with the continuation of education. A written agreement and a separate permit are required for each activity. Concerned children shall not work more than five hours per day and 30 hours per week; and not more than two hours per day and ten hours per week, outside school hours, for children attending preschool and school. The Committee requested the Government to provide information on any progress made regarding the adoption of the implementing regulation, relating to, among others, the work permit, working and resting hours, and working environment and conditions, which will be determined by age groups and types of activity. It also requested the Government to provide information on the progress of the establishment of a monitoring system in this regard.

The Government indicates once again, in its report, that in the framework of the elaboration of the above-mentioned regulation, a working group composed of relevant departments of the Ministry of Family, Labour and Social Services, public institutions and Non-Governmental Organisations has been established. It also reiterates that a monitoring system is planned regarding the granting of work permits and the tracking of each child concerned. The Committee requests the Government to take the necessary measures to ensure that the implementing regulation regarding the participation of children in artistic performances is adopted, pursuant to section 71 of the Labour Law. It requests the Government to provide information in this regard, as well as on the establishment of the monitoring system concerning these children.

Article 9(1). Penalties and labour inspection. The Government indicates in its report formulated under the Worst Forms of Child Labour, 1999 (No. 182), that between January 2016 and May 2019, administrative fines were imposed on 166 employers who were found, during labour inspections, to violate the provisions of section 71 of the Labour Law and the related regulation, on the employment of children. The Government further indicates, in its supplementary information, that between the beginning of June 2019 and the end of May 2020, administrative fines were imposed on employers in 54 workplaces where laws and regulations on the employment of children were not observed. In addition, the Government indicates in its report formulated under the Labour Inspection Convention, 1947 (No. 81), that during scheduled inspections, children and young persons are one of the priority risk groups of labour inspections. In addition to routine inspections, risk-based inspections are planned and implemented for sectors where the number of working children is high. Unscheduled inspections can also be conducted on the basis of complaints regarding children and young persons. The Government further indicates that all assistant labour inspectors must complete a training programme, including on children, before conducting inspections. In addition, training programmes on children’s rights, child labour and the relevant legislation were organised for labour inspectors in 2017 and 2018. The Committee welcomes the measures taken by the Government to combat child labour, and encourages it to pursue its efforts in order to ensure that section 71 of the Labour Law and its related regulation on the employment of children are effectively implemented. In this regard, it requests the Government to continue to provide information on the penalties applied in practice, and where possible, to provide extracts from labour inspectors’ reports, as well as information on the training provided to labour inspectors and assistant labour inspectors regarding child labour.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TİSK) communicated with the Government’s report.

Article 1 of the Convention. National Policy designed to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments, the Committee noted that the Time Bound National Policy and Programme Framework for Prevention of Child Labour (2005–2015) was in the process of being updated, and therefore requested the Government to provide information in this regard, as well as to strengthen its efforts to ensure the elimination of child labour.

The Government indicates in its report that the Time Bound National Policy and Programme Framework for Prevention of Child Labour 2005-2015 was renewed in 2016 under the name “National Programme on the Elimination of Child Labour”, which has been implemented since March 2017, for the period 2017–2023. The main objective of this Programme is to prevent and eliminate child labour, especially the worst forms of child labour. It includes comprehensive measures such as measures to eradicate poverty, to improve the quality and accessibility of education, and to enhance awareness. The Government further indicates that the Monitoring and Evaluation Board for Eliminating Child Labour, which meets twice a year, is responsible for monitoring and evaluating the National Programme and its Action Plan.

The Committee notes the statement in the communication of TISK that the Action Plan associated with the National Programme on the Elimination of Child Labour 2017-2023 contains, in addition to the above measures, measures aimed at implementing and updating legislation; strengthening existing institutional structures and creating new ones; and widening the social protection and social security net. TISK also indicates that a Joint Declaration to Combat Child Labour has been signed by six ministries including the Ministry of Family, Labour and Social Services, seven social partners, and the ILO, in order to ensure that all children are protected from child labour and its worst forms, through access to education, employment of adult family members, and the extension of social protection. In addition, TISK indicates that in the framework of the National Employment Strategy Action Plans (2014–2023), it is provided, inter alia, that (i) annual plans will be developed to combat child labour; (ii) activities will be organised to raise awareness on child labour at the national and local levels, including among families; and (iii) a monitoring system on child labour will be set up to ensure coordination.

In its report formulated under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicates that units for combating child labour were established in 81 provinces under the Provincial Directorates of Labour and Employment Agency.

The Government states in its supplementary information that a survey on child labour has been conducted by the Turkish Statistical Institute and was published on 31 March 2020. The Committee notes from this survey (Statistics on Child 2019 of the Turkish Statistical Institute) that 146 000 children aged 5-14 years, representing 1.1 per cent of this age group, were engaged in economic activities and that 28 per cent of these children (41 000) did not attend school. In addition, the Committee notes that 32 000 children aged 5–11 years, representing 0.4 per cent of this age group, were engaged in economic activities. Children worked in sectors including services and industry (pages 113, 114 and 116). While duly noting the Government’s efforts, the Committee requests it to continue to take measures to ensure the progressive elimination of child labour in all sectors. It also requests the Government to provide information on the implementation of the National Programme on the Elimination of Child Labour 2017-2023 and its Action Plan, as well as of the National Employment Strategy Actions Plans 2014-2023. Lastly, it requests the Government to provide information on the activities of the units to combat child labour as well as the results achieved.

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

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the indication of the Confederation of Turkish Trade Unions (TÜRK-İŞ) that child labour in Turkey was found in the urban informal sector, in the domestic service, and in seasonal agricultural work. The Committee also noted that a child labour force survey, which was conducted by the Turkish Statistical Institute in 2012, revealed an increase in the number of children aged 6 to 14 years who are in child labour, and indicated that 2.5 per cent of children between 6 and 14 years of age were found to be engaged in work. The Committee requested that the Government continue to provide statistical information on the number of children under the minimum age engaged in child labour.

The Committee notes the absence of new statistical information in this regard. However, the Committee notes the Government’s information in its report that the Time Bound National Policy and Programme Framework for Prevention of Child Labour (2005–15) has ended, and that the Government is working to update it for the second phase. For this purpose, a working group has been created with the participation of related institutions and organizations to update the document and prepare an additional plan of action, and the abovementioned documents were expected to be published in October 2016. The Committee also notes that, the Ministry of Education adopted the Circular No. 2016/5 “Access of Children of Seasonal Agriculture Workers and of Nomadic and Semi-Nomadic Families to Education” in March 2016, according to which follow-up teams are established to find children who could not continue their education and enrol them in school. While taking note of the measures undertaken by the Government, the Committee notes with concern the number of children below the minimum age of 15 years engaged in child labour. The Committee therefore urges the Government to strengthen its efforts to ensure the elimination of child labour. The Committee also requests that the Government indicate whether the updated Time-Bound National Policy and Programme Framework for Prevention of Child Labour and its action plan have been adopted and published, and provide information on the application of the Circular No. 2016/5 in practice.

Article 8. Artistic performances. The Committee previously noted the Government’s statement that in 2012, drafts were developed for the amendment of the Labour Law Act regarding the employment of children below the minimum age in artistic performances, with the contribution of the Trade Union of Performers, the Radio and Television Supreme Counsel, and other relevant institutions and organizations, but that no progress had yet been recorded. The Committee therefore expressed its firm hope that the amendments would be made in conformity with the Convention.

The Committee notes with satisfaction that section 71 of the Labour Law was amended by Act No. 6645 of 4 April 2015. According to this amendment, children under 14 years of age may work in art, cultural and advertising activities, without harming their physical, mental, social and moral development or interfering with the continuation of education. Moreover, a written agreement and a separate permit are required for each activity. Section 71 further provides that concerned children shall not work more than five hours per day and 30 hours per week; while for the preschool children and those attending school, the working hours cannot be more than two hours per day and ten hours per week, and must be outside school hours. The Committee also notes that issues regarding the work permit, working and resting hours, working environment and conditions, principles and procedures of payment, and other related issues for children working in these activities, will be determined by age groups and types of activity, for which an implementing regulation will be issued by the Ministry of Labour and Social Security. Moreover, a system is planned regarding the granting of work permits and the tracking of concerned children. The Committee therefore requests that the Government provide information on any progress made regarding the adoption of the implementing regulation and the establishment of the monitoring system.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 8 of the Convention. Artistic performances. Regarding the employment of children below the minimum age in artistic performances, the Committee notes the Government’s statement that in 2012, drafts were developed for the amendment of the Labour Law Act, with the contribution of the Trade Union of Performers, the Radio and Television Supreme Counsel, and other relevant institutions and organizations, but that no progress has yet been recorded. 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 expresses the firm hope that the forthcoming amendments will be in conformity with the Convention. The Committee requests the Government to provide information on developments in this regard, in its next report.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ) dated 2 January 2014.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and the application in practice of the Convention. The Committee notes the indication of the TÜRK-İŞ that child labour in Turkey is found in the urban informal sector, in the domestic service, and in seasonal agricultural work.

The Committee notes the Government’s statement that the Ministry of Labour and Social Security has launched a project on the Activation of Local Sources on Preventing Child Labour, targeting children engaged in hazardous occupations in small and medium enterprises, on the street and in seasonal agricultural work. The Government also indicates that child labour monitoring units in five pilot provinces have carried out studies to establish an effective monitoring system through coordination and cooperation with other agencies in the provinces. It is planned to extend these units and institutionalize them, with a view to establish sustainable child labour monitoring systems at local levels. The Government also provides information on the numerous measures it is taking to strengthen the functioning of the education system, including measures to improve the quality of education, to raise awareness concerning the importance of education, to increase the school enrolment rates of girls and to decrease the number of drop-outs.

The Committee notes the Government’s indication that a child labour force survey was conducted by the Turkish Statistical Institute in 2012. This survey revealed an increase in the number of children aged 6 to 14 years who are in child labour, and indicated that 2.5 per cent of children between 6 and 14 years of age were found to be engaged in work. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations of 20 July 2012, took note of the substantial progress made by the Government in developing policies, programmes and action plans to prevent child labour, but noted that the large number of children still employed constituted a significant challenge to the rights of the child, including the right to education (CRC/C/TUR/CO/2-3, paragraph 62).

While taking note of the measures taken by the Government, the Committee notes with concern the rise, in recent years, of the number of children below the minimum age of 15 years engaged in child labour in the country. The Committee therefore urges the Government to strengthen its efforts to ensure the elimination of child labour. It requests the Government to continue to provide information on the measures taken in this regard, including measures to establish child labour monitoring systems, as well as the results achieved. It also requests the Government to continue to provide statistical information on the number of children under the minimum age engaged in child labour in the country.

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

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

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, in addition to the communication of the Confederation of Turkish Trade Unions (TÜRK-IŞ) dated 10 May 2011.

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-IŞ 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. It noted the Government’s statement that the framework for a national programme and policy for the elimination of child labour had been elaborated by the Child Labour Unit (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 Committee noted 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 noted that the issue of child labour is included as a priority in the Government’s Joint Inclusion Memorandum with the European Union (EU), and that the EU has provided pre-accession assistance to address this phenomenon. In addition, the Committee noted 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. While taking note of these measures, the Committee observed 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).

The Committee noted the observations made by TÜRK-IŞ, according to which child labour in Turkey is found in the urban informal sector, in the domestic service, and in seasonal agricultural work.

The Committee noted the Government’s information, in its report, on the activities and measures it has adopted in order to combat child labour in Turkey. In particular, the Committee noted that the Ministry of Food, Agriculture and Livestock, in collaboration with related agencies and institutions, prepared a Rural Development Plan which covers the years 2010–13 and which aims to improve the working conditions and life standards of mobile seasonal agricultural workers. In this regard, significant measures are taken to prevent children from taking part in mobile seasonal agricultural work and to provide children of compulsory education age with access to education. Furthermore, a plan of action was prepared to remove children from child labour in seasonal agriculture in provinces where hazelnuts are produced, which is a sector where children accompany their parents and are exposed to unfavourable conditions that are not appropriate to their age and development.

Moreover, the Committee noted the Government’s information that the Ministry of National Education is implementing, since 2008, the Programme of Raising Class Teaching (YSÖP) which introduces certain children aged 10–14 back to education, such as those who have been out of the education system due to economic or traditional reasons. The Committee observed that, with YSÖP, 28,559 students were introduced to schools between 2008–11, among which 7,677 in 2010–11 alone. The Committee also noted the Government’s statement that the Ministry of Education has signed a Memorandum of Understanding in 2011 to enhance collaboration among agencies and institutions on the issue of providing children with access to quality education and removing the obstacles to access to education, including child labour. While taking due note of the measures taken by the Government, the Committee noted with concern that child labour continues to be a problem in practice, particularly in the agricultural sector. The Committee strongly encourages the Government to strengthen its efforts to combat child labour, including through the various measures mentioned above, and to continue providing detailed information on the results achieved.

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. The Committee noted the statement by TÜRK-IŞ that a system regulating children’s involvement in artistic endeavours is necessary, to allow for the monitoring and protection of these children. It noted 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 noted the Government’s indication that preparatory technical work was completed in this regard. The Committee further noted 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).

The Committee noted the Government’s information that technical studies for the required amendments to Labour Law No. 4857 are completed but that a consensus on the details of the amendments has not yet been reached. In this regard, a project will be conducted in the second half of 2011 in order to decide what kind of authorization and monitoring mechanism should be established to provide the best protection for children involved in artistic performances. The Government indicated that conformity with the Convention on this point will be ensured through legal arrangements by the beginning of 2012 at the latest. 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 expresses the firm hope that the forthcoming amendments will be in conformity with the Convention. The Committee requests the Government to provide a copy of the relevant legislation with its next report.

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 (TSI) 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 noted the statement by TÜRK IŞ 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-IŞ indicated that to address this issue, poverty reduction is necessary and education should be encouraged.

The Committee noted the Government’s information that the last Child Labour Force Survey is the one that was conducted by the TSI in 2006. There is no official updated data relating to the child labour force. However, the Government indicated that it is planned to update the child labour force data in collaboration with the TSI by the end of 2011 or beginning 2012. The Committee strongly urges the Government to take the necessary measures to ensure that the TSI conduct its research to obtain up-to-date information on the number of working children in Turkey. 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. To the extent possible, this information should be disaggregated by age and sex.

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

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report, in addition to the communication of the Confederation of Turkish Trade Unions (TÜRK-IS) dated 10 May 2011.

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. It noted the Government’s statement that the framework for a national programme and policy for the elimination of child labour had been elaborated by the Child Labour Unit (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 Committee noted 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 noted that the issue of child labour is included as a priority in the Government’s Joint Inclusion Memorandum with the European Union (EU), and that the EU has provided pre-accession assistance to address this phenomenon. In addition, the Committee noted 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. While taking note of these measures, the Committee observed 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).

The Committee notes the observations made by TÜRK-IS, according to which child labour in Turkey is found in the urban informal sector, in the domestic service, and in seasonal agricultural work.

The Committee notes the Government’s information, in its report, on the activities and measures it has adopted in order to combat child labour in Turkey. In particular, the Committee notes that the Ministry of Food, Agriculture and Livestock, in collaboration with related agencies and institutions, prepared a Rural Development Plan which covers the years 2010–13 and which aims to improve the working conditions and life standards of mobile seasonal agricultural workers. In this regard, significant measures are taken to prevent children from taking part in mobile seasonal agricultural work and to provide children of compulsory education age with access to education. Furthermore, a plan of action was prepared to remove children from child labour in seasonal agriculture in provinces where hazelnuts are produced, which is a sector where children accompany their parents and are exposed to unfavourable conditions that are not appropriate to their age and development.

Moreover, the Committee notes the Government’s information that the Ministry of National Education is implementing, since 2008, the Programme of Raising Class Teaching (YSÖP) which introduces certain children aged 10–14 back to education, such as those who have been out of the education system due to economic or traditional reasons. The Committee observes that, with YSÖP, 28,559 students were introduced to schools between 2008–11, among which 7,677 in 2010–11 alone. The Committee also notes the Government’s statement that the Ministry of Education has signed a Memorandum of Understanding in 2011 to enhance collaboration among agencies and institutions on the issue of providing children with access to quality education and removing the obstacles to access to education, including child labour. While taking due note of the measures taken by the Government, the Committee notes with concern that child labour continues to be a problem in practice, particularly in the agricultural sector. The Committee strongly encourages the Government to strengthen its efforts to combat child labour, including through the various measures mentioned above, and to continue providing detailed information on the results achieved.

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. The Committee noted 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. It noted 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 noted the Government’s indication that preparatory technical work was completed in this regard. The Committee further noted 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).

The Committee notes the Government’s information that technical studies for the required amendments to Labour Law No. 4857 are completed but that a consensus on the details of the amendments has not yet been reached. In this regard, a project will be conducted in the second half of 2011 in order to decide what kind of authorization and monitoring mechanism should be established to provide the best protection for children involved in artistic performances. The Government indicates that conformity with the Convention on this point will be ensured through legal arrangements by the beginning of 2012 at the latest. 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 expresses the firm hope that the forthcoming amendments will be in conformity with the Convention. The Committee requests the Government to provide a copy of the relevant legislation with its next report.

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 (TSI) 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 noted 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 indicated that to address this issue, poverty reduction is necessary and education should be encouraged.

The Committee notes the Government’s information that the last Child Labour Force Survey is the one that was conducted by the TSI in 2006. There is no official updated data relating to the child labour force. However, the Government indicates that it is planned to update the child labour force data in collaboration with the TSI by the end of 2011 or beginning 2012. The Committee strongly urges the Government to take the necessary measures to ensure that the TSI conduct its research to obtain up-to-date information on the number of working children in Turkey. 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. To the extent possible, this information should be disaggregated by age and sex.

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

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.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 8 of the Convention. Artistic performances. In its previous comments, the Committee had 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 had recalled that under Article 8(1) of the Convention, the competent authority may, as an exception to the minimum age for admission to employment or work of 15 years specified by Turkey and, after consultation with the organizations of employers and workers concerned, allow, by permits granted in individual cases, participation in activities such as artistic performances. The Committee notes the Government’s information that, within the context of the Action Programme to enhance national capacity in the field of child labour of ILO–IPEC of 2005, the regulations necessary to improve national legislation concerning the permits granted by the competent authority, the labour conditions and the duration of work and rest, in artistic activities such as cinema, theatre, music, ballet and dance, as well as in work in circuses, radio, television, publicity and modelling, are currently being undertaken. The Government indicates that a report resuming all the work accomplished will be prepared following a final meeting with the representatives of the public institutions concerned and of the confederations of employers and workers. The Committee requests the Government to supply information on all progress made with regard to the adoption of new legislation concerning the regulation of the involvement of children under 15 years in artistic activities. It also requests the Government to provide a copy of the report resuming the work accomplished within the context of the abovementioned ILO–IPEC Action Programme once it is finalized.

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

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 8 of the Convention. Artistic performances. In its previous comments, the Committee had 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 had recalled that under Article 8, paragraph 1, of the Convention, the competent authority may, as an exception to the minimum age for admission to employment or work of 15 years specified by Turkey and, after consultation with the organizations of employers and workers concerned, allow, by permits granted in individual cases, participation in activities such as artistic performances. The Committee notes the Government’s information that, within the context of the Action Programme to enhance national capacity in the field of child labour of ILO/IPEC of 2005, the regulations necessary to improve national legislation concerning the permits granted by the competent authority, the labour conditions and the duration of work and rest, in artistic activities such as cinema, theatre, music, ballet and dance, as well as in work in circuses, radio, television, publicity and modelling, are currently being undertaken. The Government indicates that a report resuming all the work accomplished will be prepared following a final meeting with the representatives of the public institutions concerned and of the confederations of employers and workers. The Committee requests the Government to supply information on all progress made with regard to the adoption of new legislation concerning the regulation of the involvement of children under 15 years in artistic activities. It also requests the Government to provide a copy of the report resuming the work accomplished within the context of the abovementioned ILO/IPEC Action Programme once it is finalized.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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 notes 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 aims 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 notes 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 notes with interest that according to the results of this survey, the proportion of working children (aged 6 to 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 notes 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 encourages the Government to redouble its efforts to progressively improve this situation. It 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 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, paragraph 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 notes 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, paragraph 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 notes 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 notes 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 also addressing a direct request to the Government concerning another precise point.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3, paragraphs 1 and 2, of the Convention. Hazardous work. With reference to its previous comments, the Committee notes with interest the adoption of the Labour Act, No. 4857 of 22 May 2003 (hereinafter, the Labour Act). It notes in particular that section 72 of the Labour Act prohibits the employment of boys under 18 years of age and women of any age in work underground or under water, such as work in mine galleries, cabling, sewage and tunnel construction. It also notes that, by virtue of section 73 of the Act, it is prohibited to cause young persons under the age of 18 years to work at night in industrial works. Furthermore, section 71(3) of the Labour Act provides that jobs which are prohibited for children and young workers under the age of 18 years, as well as those prohibited for young workers between the ages of 15 and 18 years, shall be determined by regulations to be prepared by the Ministry of Labour and Social Security. In this respect, the Committee notes the adoption of the Regulations on the fundamentals and principles of the employment of children and young workers of 6 April 2005 (hereinafter, the Regulations No. 25425 of 6 April 2004). In particular, it notes that Appendix 3 to these Regulations contains a list of hazardous types of work prohibited for young persons under 18 years of age.

Article 3, paragraph 3. Authorization to work from the age of 16 years. In its previous comments, the Committee noted that section 1 of the Regulations on hazardous and arduous work of 1973 defines 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. The Committee also noted that, under section 3 of the Regulations, a medical certificate is required upon the recruitment of young persons between 16 and 18 years of age for hazardous or arduous work. The Committee reminded the Government that Article 3, paragraph 3, of the Convention provides that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work by young persons as from the age of 16 years on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. It requested the Government to provide information on the measures adopted in this respect.

The Committee notes the Government’s indication that, under the terms of section 85(1) of the Labour Act, young persons and children who have not reached the age of 16 years may not be engaged in hazardous work. Under section 85(2), the Ministry of Labour and Social Security shall prepare regulations determining the types of hazardous and arduous work which may be performed by women and young workers between 16 and 18 years of age. In this respect, the Committee notes the adoption of Regulations No. 25494 on hazardous and arduous work of 16 June 2004 (hereinafter, Regulations No. 25494 of 16 June 2004), which include in Appendix 1 a very detailed list of hazardous types of work which may be performed by young workers between 16 and 18 years of age. It also notes that, under the terms of section 4 of Regulations No. 25494 of 16 June 2004, the conditions set out in Article 3, paragraph 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 requests the Government to provide information on the consultations held with the organizations of employers and workers concerned prior to the adoption of these Regulations. It also requests the Government to indicate whether the Regulations on hazardous or arduous work of 1973 are still in force.

Article 7, paragraphs 1 and 3. Light work. With reference to its previous comments, in which it requested the Government to provide information on the types of light work which can be performed by children who have reached 13 years of age, and the conditions in which such employment or work has to be performed, the Committee notes that the Labour Act and Regulations No. 25425 of 6 April 2004 contain provisions governing this type of employment. By virtue of section 71(1) of the Labour Act, children who have reached the age of 14 years and completed primary education may be employed on light work. Under the terms of section 4 of Regulations No. 25425 of 6 April 2004, the expression "light work" is defined as work: (a) which is not harmful for the development, health or safety of children; or (b) which does not prevent children from attending school or participating in vocational training. Furthermore, Appendix 1 to Regulations No. 25425 of 6 April 2004 contains a list of ten activities permitted for young workers (persons over 14 years of age but under 15 who have not completed primary education - section 4).

Article 8. Artistic performances. The Committee previously requested the Government to indicate whether children under the age of 15 years in practice appear in artistic performances. In this respect, the Government indicates that section 16 of the Civil Code provides that children may appear in artistic performances with the consent of their family or legal representative. The Committee recalls that under Article 8, paragraph 1, of the Convention, the competent authority may, as an exception to the minimum age for admission to employment or work of 15 years specified by Turkey and after consultation with the organizations of employers and workers concerned, allow, by permits granted in individual cases, participation in activities such as artistic performances. It also reminds the Government that, under the terms of Article 8, paragraph 2, permits so granted shall limit the number of hours during which and prescribe the conditions in which such employment or work is allowed. The Committee requests the Government to provide information on the effect given to this provision in practice, with an indication of the procedure for issuing individual permits.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

In its previous comments, the Committee noted the communications from the Turkish Confederation of Employer Associations (TISK), the Confederation of Trade Unions of Turkey (TÜRK-IS) and KAMU-SEN. The Committee notes the communication from the International Confederation of Free Trade Unions (ICFTU) and the information provided by the Government in its report. It requests the Government to provide information on the following points.

Article 1 of the Convention. National policy. In its communication, TÜRK-IS indicated that, despite the fact that Article 1 of the Convention provides that each Member undertakes to pursue a national policy designed to ensure the effective abolition of child labour, no national policy of this type was being pursued in Turkey, and the number of child workers was increasing daily. TÜRK-IS 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 improvement of employment and the employment stability of adults. However, government policy was not designed along those lines. The Committee requested the Government to provide its observations on these comments.

The Committee notes with interest that according to the General Survey of 2005 on labour inspection (paragraph 51), six action programmes on child labour within the IPEC framework were implemented by the labour inspectorate in the Turkish Ministry of Labour and Social Security between 1994 and 2003, and 108 labour inspectors worked full time on child labour issues in order to fill the information gap existing in this field. It also notes the detailed information provided by the Government in its report, particularly with regard to the programmes of action implemented in collaboration with ILO/IPEC. In particular, it notes 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) is also to establish a coherent policy for the elimination of child labour. In this respect, it notes 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, has developed a Policy Framework for the Elimination of Child Labour in Turkey. This Policy Framework was presented for comment to the various parties concerned by child labour, including the public. According to the Government, the Policy Framework reviews the present situation in relation to child labour, ILO/IPEC activities and the various strategies adopted to combat child labour. The Committee requests the Government to provide information on the Policy Framework, with particular reference to the policies developed for the elimination of child labour. It also requests the Government to provide a copy of the Policy Framework for the Elimination of Child Labour in Turkey when it has been adopted.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted the intention expressed by the Government in its first report to make use of the flexibility clause contained in Article 4 to exclude from the application of the Convention the categories of employment or work which fall outside the scope of the national labour legislation. The Committee observed that the Government’s expressed intention appeared to be overly vague and ambiguous. Moreover, the Committee noted that, in its communication, TÜRK-IS indicated that Convention No. 138 should cover all children without exception. TÜRK-IS also indicated that the national legislation in Turkey does not contain any provision concerning the minimum age from which children may work in plantations and commercial agricultural enterprises. In reply to the comments by TÜRK-IS, the Government indicated that a bill to establish the minimum age for admission to employment and to determine the conditions of employment of young persons under 18 years of age was under preparation. According to the Government, the bill would cover agricultural work, as well as other types of work excluded from the application of the Labour Act. It also added that the organizations of employers and workers had been consulted in this respect.

The Committee notes the information provided by the Government to the effect that the categories of employment or work which have been excluded from the scope of application of the Convention consist of limited categories of employment or work. It also notes that, under the terms of section 4(1) of the Labour Act, No. 4857 of 22 May 2003 (hereinafter the 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 (e) domestic service. However, it notes that section 4(2) of the Act provides that the following activities are covered by its provisions: (a) loading and unloading from ships; (b) work performed on the ground facilities of civil aviation; and (c) construction work in agricultural enterprises. The Committee also notes the information provided by the Government that the Act on Turkish civil aviation regulates the working conditions of personnel on aircraft and that the minimum age for admission is 18 years. The Government adds that the Maritime Labour Act No. 854 regulates sea transport activities, but does not contain a provision establishing the minimum age for admission to employment or work. Finally, the Committee notes that, according to the information available in the ILO, a new law, Act No. 5395 on the protection of children, was adopted on 3 July 2005. This new Act is reported to supplement the Labour Code for the categories of employment or work excluded from the Code which are referred to above.

The Committee once again reminds the Government that Article 5, paragraph 3, of Convention No. 138 enumerates the sectors of economic activity to which the Convention shall be applicable as a minimum, which include maritime transport. Accordingly, this sector cannot be excluded from the scope of application of the Convention. The Committee requests the Government to provide information on the effect given to Act No. 5395 on the protection of children in relation to the categories of employment or work excluded from the scope of the Labour Code and to provide a copy of the above Act. It also requests the Government to indicate the minimum age for admission to employment or work in the maritime sector.

Article 9, paragraph 1. Appropriate penalties. The Committee noted previously the indication by TÜRK-IS that the penalties established for breaches of the Labour Act, particularly with regard to the minimum age for admission to employment or work, are far from ensuring the effective enforcement of the provisions of the Convention, as required by Article 9, paragraph 1, of the Convention. The Committee requested the Government to reply to the comments made by TÜRK-IS. In this respect, the Committee notes with interest the detailed information provided by the Government concerning the new penalties established by the Labour Act of 2003 for violations of the provisions on the minimum age for admission to employment or work.

Part V of the report form. Application of the Convention in practice. In its communication, the ICFTU indicates that, according to the National Statistics Institute (SSI), over 1 million children were working in September 2002. Nevertheless, it would appear that this number is falling. Indeed, according to a study carried out by ILO/IPEC, entitled "Gender, education and child labour in Turkey" published in 2004, the official estimates of the number of working children are 510,000. The Committee is concerned at the situation of children who are compelled to work in Turkey through personal necessity. While noting the measures adopted by the Government to eliminate child labour, it encourages it to redouble its efforts to progressively improve this situation and requests it to provide detailed information on measures taken in this regard.

The Committee is also addressing a request directly to the Government on other precise points.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its reports. It notes with interest that Turkey has prolonged its cooperation with ILO/IPEC until September 2006 within the framework of a Time-Bound Programme (TBP).

Article 3, paragraph 1, of the Convention. Minimum age for admission to hazardous work. The Committee notes that section 78 of Labour Act No. 1475 of 1971 stipulates that children under 16 shall not be employed in arduous or dangerous work. According to certain sections of the Labour Act, the employment or work of young persons under the age of 18 years is prohibited for different types of activities, for example sections 68 (underground and underwater work) and 69 (night work). The Committee also notes that under the terms of section 2 of the Regulations on Heavy and Dangerous Work of 1973 (Decree No. 716/74), it is prohibited to employ minors under 16 years of age in heavy or dangerous work. The Committee recalls that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It observes that, in accordance with the provisions indicated above, the minimum age for admission to hazardous work is 16 years instead of 18 years, as required under the Convention. Moreover, the Committee reminds the Government that Article 3, paragraph 3, of the Convention permits, under strict conditions of protection and prior instruction or vocational training, employment or work as from the age of 16 years. It also reminds the Government that this provision of the Convention deals with limited exceptions to the rule (of prohibiting hazardous work to young persons under 18 years), and not an overall permission to undertake hazardous work as from 16 years of age. The Committee requests the Government to indicate the measures taken or envisaged to ensure that no young persons under 18 years of age are employed or work in hazardous work.

Paragraph 3. Authorization to work as from the age of 16 years. The Committee notes that section 1 of the Regulations on Heavy and Dangerous Work of 1973, defines the types of work to be considered as heavy and dangerous, and the types of work in which minors of between 16 and 18 years of age may be employed. The Committee also notes that according to the Government’s first report and section 3 of the Regulations, a medical certificate shall be obtained upon the recruitment of minors of between 16 and 18 years of age who are to be employed from the age of 16 years in heavy or dangerous work. The Committee recalls that Article 3, paragraph 3, of the Convention not only lays down that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected but also, that the young persons concerned receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention.

Article 7, paragraph 3. Determination of light work. The Committee notes that by virtue of section 67 of the Labour Act, children who have completed 13 years of age may be employed in light work which could not endanger their health and development or interfere with their education or hamper their opportunities of following vocational guidance and training programmes. The Committee reminds the Government that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It accordingly requests the Government to supply information on the types of light work activities that are permitted for children who have completed 13 years of age, and the conditions in which such employment or work may be undertaken. It also asks the Government to provide the relevant legislative texts in this respect.

Article 8. Artistic performances. The Committee notes the information provided by the Government in its reports that no use has been made of the exceptions permitted by this Article. Noting the absence of legislative provisions allowing the participation of children below the general minimum age of 15 years in artistic performances, the Committee draws the Government’s attention to the possibility under Article 8 of the Convention to establish a system of individual permits for children under the general minimum age who work in activities such as artistic performances, if these are performed in practice. The Committee also requests the Government to provide information on whether children under the age of 15 years appear in artistic performance activities in practice.

Part III of the report form. The Committee notes with interest that the Government provided with its first report a publication of the Labour Inspection Board entitled "Report on the implementation of labour inspection policy on child labour in Turkey", which contains ample information on the action programmes implemented by the Board of Labour Inspection within the framework of ILO/IPEC assistance. From this report it appears that the supervision of child labour has been improved, although two major problems remain. First, the Ministry of Labour and Social Security recognizes that "The … contributory factors are marginalizing child labourers and placing them beyond the official reach of the Inspectorate" (the above report, page 5). This reflects the fact that child labourers are often found in the sectors which the Labour Act excludes from its application (e.g. workplaces with three employees or less). Second, the system of inspection within the Ministry of Education on workplaces of apprentices "has not yet been fully developed" (idem.). The Committee asks the Government to continue supplying information on measures taken or envisaged in order to improve the application of legislative provisions on child labour, especially in sectors which fall outside the scope of the Labour Act.

Part V of the report form. The Committee notes the information in the Government’s reports providing a general appreciation of the application of the Convention, and according to which although the legislative provisions are in line with the Convention, child labour still exists in the informal sector and in rural areas. It also notes with interest the Government’s indication in its 2002 report that Act No. 4306 of 1997 increased the period of compulsory education from five to eight years. The Government indicates in its first report that IPEC activities have been and continue to be of fundamental importance in developing a better understanding of the problem, raising awareness and accumulating experiences in this domain. The Committee notes the efforts made by the Government so far with the assistance of the ILO/IPEC, and hopes it will continue this cooperation.

Moreover, the Committee notes the information provided by the Government in its 2003 report, according to which the Labour Inspection Department of the Ministry of Labour and Social Security commenced the project of "Elimination of the worst forms of child labour by the year 2003 in industrial occupational branches which are selected in the Province of Izmir". It also notes that, in the inspections which were carried out by the labour inspectors at 4,892 workplaces of shoemaking, auto-repairing and textiles, a total of 4,341 children were removed from their workplace and 3,509 were returned to continue their education. In addition, the Government indicates that, according to the Household Labour Force Survey carried out by the States Statistical Institute (SST), the percentage of employed children aged between 12-14 years old was 26.4 per cent in 1998 and dropped to 11.3 per cent in 2000. The Committee requests the Government to continue providing information on the practical application of the Convention, including extracts from the reports of the inspection services, school enrolment and attendance data and information concerning the number and nature of the contraventions reported, as well as sanctions imposed.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the information provided by the Government in its first and subsequent reports. It also takes note of the communications from the Turkish Confederation of Employer Associations (TISK) and the Confederation of Trade Unions of Turkey (TÜRK-IS). Moreover, the Committee takes note of the communications from TÜRK-IS and KAMU-SEN received at the Office on 22 October 2003. It requests the Government to communicate its observations on the content of these communications in its next report.

Article 1 of the Convention. National policy. In its communication, TÜRK-IS indicates that despite the fact that Article 1 of the Convention provides that each Member undertakes to pursue a national policy designed to ensure the effective abolition of child labour, no national policy is being pursued in Turkey, and the number of child workers is increasing daily. TÜRK-IS adds that a national policy geared to eliminating child labour can be effective in eliminating the reasons for child labour by increasing the employment of adults and providing job security. However, government practice is not designed on those lines. The Committee requests the Government to provide its observations in respect of these comments.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee had noted the information provided by the Government in its first report to the effect that it envisages using the flexibility clause contained in Article 4 to exclude from the application of the Convention the categories of employment or work which fall outside the scope of the labour legislation. The Committee had also noted that the organizations of employers and workers concerned were consulted in this respect and that a Bill on child labour was currently being drafted. The Committee had observed that the Government’s intention to exclude from the application of the Convention the categories of employment or work which fall outside the scope of the labour legislation appeared to be overly vague and ambiguous.

The Committee notes that subsections (1) and (5) of section 5 of Labour Act No. 1475 excludes from its scope of application sea and air transport and work sites employing three persons or less which come under the definition of section 2 of the Law on Tradesmen and Artisans (Act No. 507). It points out that, according to Article 5, paragraph 3, of the Convention, sea and air transport is one of the branches of economic activity for which the provisions of Convention No. 138 should be applied. Therefore, sea and air transport cannot be excluded from the scope of Convention No. 138. Moreover, the Committee recalls that Article 4 of the Convention allows exclusion only for limited categories of employment or work in respect of which special and substantial problems of application arise. The Committee requests the Government to indicate, for each of the categories of employment excluded, the reasons for which it wishes to exclude them from the application of the Convention (special and substantial problems of application). Moreover, the Committee asks the Government to supply more detailed information on the consultations that have taken place with the social partners on this matter.

In its communication, TÜRK-IS indicates that Convention No. 138 should cover all children without exception. TÜRK-IS also indicates that the national legislation of Turkey does not contain any provision concerning the minimum age at which children working in plantations and agricultural undertakings producing for commercial purposes are admitted to employment. In reply to TÜRK-IS’ comments, the Government states that the provisions of the Convention do not apply to work included in section 5 of Labour Act No. 1475 of 1971. However, a draft Bill on the establishment of the minimum age for admission to employment and for the employment of young persons under the age of 18 years is being elaborated and will include agricultural works in the scope of the new Act, as well as other works excluded from the scope of application of Labour Act No. 1475. The organizations of employers and workers were consulted in this respect.

The Committee observes that the scope of application of the draft Bill covers the types of work in industry, commerce, agriculture, forestry, fishing and maritime commerce in which young persons under 18 years of age may be employed including in apprenticeship and/or vocational training, work in open outdoor areas, domestic services and artistic activities in which young people and children may be employed, work in reform schools for children and work carried out for the purpose of other vocational rehabilitation. The draft Bill also stipulates that its scope of application does not apply to work performed in schools and on courses for the purpose of acquiring skills in the fine and visual arts and in the fields of music and sport; activities such as scouting and participation in campaigns focusing on assistance and social activities; and domestic work which is performed and shared in the home with a view to meeting the family’s needs and which is not geared to economic advantage. The Committee trusts that the draft Bill will be adopted shortly and requests the Government to provide information in this regard.

Article 9, paragraph 1. Appropriate penalties. In its communication, TÜRK-IS indicates that the penalty for violation of section 67 of Labour Act No. 1475 (minimum age for employment or work) is laid down in section 100 (major fine of not less than turk lirasi 45,000 and not more than turk lirasi 225,000). However, this sanction is far from ensuring the effective enforcement of the provision of the Convention, as required by Article 9, paragraph 1, of the Convention. The Committee asks the Government to reply to these comments made by TÜRK-IS.

The Committee is also addressing a direct request to the Government on other detailed points.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s first report and the observations made by the Turkish Confederation of Employer Associations (TISK) and the Confederation of Trade Unions of Turkey (TÜRK-IÔ), which were attached to the report.

The Committee notes the information provided by the Government to the effect that it envisages using the flexibility clause contained in Article 4 to exclude from the application of the Convention the categories of employment or work which fall outside the scope of the labour legislation. The Committee also notes that the organizations of employers and workers were consulted in this respect and that a Bill on child labour is currently being drafted. In its comments, TÜRK-IÔ indicates that Convention No. 138 should cover all children without exception. The Committee observes that the Government’s intention to exclude from the application of the Convention the categories of employment or work which fall outside the scope of the labour legislation appears to be overly vague and ambiguous.

The Committee accordingly requests the Government to indicate the types of work which it intends to exclude from the application of the Convention and to provide information on the consultations held for this purpose with the organizations of employers and workers. It also requests the Government to provide a copy of the Act on child labour and hopes that every measure will be taken to reduce the categories of employment or work which the Government intends to exclude from the application of the Convention.

At its next session, the Committee will examine in detail the information provided by the Government in its first report, as well as any other information which it provides concerning the matters raised above.