Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Türkiye (Ratification: 2001)

Articles 3(d) and 4(1) of the Convention. Hazardous work and excluded categories of work. In its previous comments, the Committee noted that Decree No. 25425 on the fundamentals and principles of the employment of children and young workers, of April 2004, contains a list of hazardous types of work prohibited for persons under 18 years of age. The Committee also noted that, under the terms of section 4 of the Labour Code No. 4857 of 22 May 2003, the following activities or categories of workers are excluded from its scope of application: (i) sea and air transport businesses; (ii) businesses with fewer than 50 employees or carrying out agricultural and forestry work; (iii) building work in relation to agriculture within the limits of the family economy; and (iv) domestic service. It noted that approximately 41 per cent of all working children are employed in agriculture, and noted the Government’s statement that no new legislation had been adopted to protect children in the sectors excluded by the Labour Code.

The Committee notes the Government’s indication that Decree No. 5763 of 15 May 2008 establishes fines for those who employ children in hazardous work prohibited by the Labour Code. The Committee also notes the various action programmes undertaken by the Government to combat the employment of children in hazardous work in both the agricultural and industrial sectors, including in the manufacture of furniture, in leather work and in street work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that children working in other sectors excluded by the Labour Code are protected from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 5. Monitoring mechanisms. Child Labour Unit (CLU). The Committee previously noted the Government’s indication that the CLU was established within the Ministry of Labour and Social Security, for the purpose of gathering and disseminating relevant information on child labour and developing policies on this topic. The Committee requested the Government to continue providing information on the activities of the CLU.

The Committee notes the information in the Government’s report submitted under the Minimum Age Convention, 1973 (No. 138), that between 2005 and 2007, the CLU led the implementation of the Project for the Elimination of the Worst Forms of Child Labour, and the Project for Combating Child Labour through Education (2004–08). The Government also indicates in this report that between 2007 and 2008, the CLU implemented a project to raise awareness on child labour through media organizations.

Article 7(1). Penalties. Inciting or using a child for begging. The Committee previously noted that section 229 of the Penal Code prohibits the use of children for begging and establishes a penalty of one to three years’ imprisonment for this offence. The Committee requested the Government to provide information on the application of this section of the Penal Code in practice.

The Committee notes with interest the detailed information in the Government’s report on the number of persons accused and charged pursuant to section 229 of the Penal Code, indicating that in 2007, 76 cases were brought forward under section 229 of the Penal Code against a total of 104 accused. The Committee notes that, out of these 104 persons accused, 40 persons received a penalty under section 229, 41 persons were not convicted, 22 persons received another judgment and one case was deemed void.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education for at-risk children. In its previous comments, the Committee noted the implementation of a basic education programme, the objective of which was to ensure access to primary education in rural areas, villages and hamlets which do not have schools, and for children from poor families. The Committee encouraged the Government to pursue its efforts in this field and requested it to provide information on measures taken in this regard.

The Committee notes the Government’s indication that a service entitled “Courage in Education” aimed at providing classes to children at risk, was implemented in four provinces, benefiting 1,478 children. The Committee also notes that between 2004 and 2007, there was a collaboration between the General Directorate of Social Services and Child Protection (SHÇEK) and ILO–IPEC aimed at encouraging working children in 11 provinces to return to school. The Government’s report indicates that this project resulted in directing 4,915 children at risk of engaging in child labour towards school, and removing 3,257 children from the workforce, and directing them towards education. In total, this project guided 8,172 children towards school, and provided 3,700 families with social assistance.

Clause (e). Special situation of girls. The Committee previously noted that the Ministry of National Education had been carrying on activities within the context of the Support Campaign for the Enrolment of Girls (Girls, Let’s Go to School), since 2003. The Committee requested the Government to provide information on the measures taken to improve the access of girls to free basic education. The Committee notes an absence of information in the Government’s report on this point. However, the Committee notes the information in the 2009 report on the worst forms of child labour in Turkey, available at the website of the Office of the High Commissioner for Refugees (www.unhcr.com), that there are indications of girls being kept out of school to work in handicrafts, particularly in rural areas. The Committee also notes the information from the UNESCO Institute for Statistics that girls have a lower primary school enrolment rate than boys, and that 66 per cent of girls are enrolled in secondary school (compared to 77 per cent of boys). The Committee therefore requests the Government to strengthen its efforts to improve the access of girls to free basic education. It requests the Government to provide information on the measures taken, and on the results achieved.

Article 8. International cooperation and assistance. Poverty eradication. In its previous comments, the Committee noted that the Government had launched a multi-sectoral project covering south-east Anatolia (GAP), whose aim was to break the vicious circle of poverty in the nine provinces of the region, which is essential to eradicate the worst forms of child labour. The Committee also noted several smaller projects were implemented in the context of this project, including the Project of Reading Rooms for Children, which aims to remove children from risky environments. The Committee requested the Government to provide information on the results of the GAP.

The Committee notes the information in the Government’s report that by 2008, a total of 9,781 children had been the beneficiaries of the ten reading rooms and seven development centres (in poor neighbourhoods) in operation. The Government’s report also indicates that between 2002 and 2008 the reading rooms benefited 3,355 children, while 6,426 children benefited from these development centres. In 2006, under the framework of the GAP, a programme entitled “Be my tutor” was implemented in 11 provinces, aimed at children working in the street, and in the agricultural and industrial sectors. Through this project, 3,633 children received services from parent volunteers, and the project was expanded in 2008 to additional prefectures. The Committee also notes the information in the Government’s report that, during the 2008–09 school year, 1,630 children received services through this projects.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the information in the Government’s report that, with technical support from the ILO and funding from the EU, it conducted a study on the worst forms of child labour in seven provinces which covered 99,356 families in 103 districts and 330 towns. The Committee notes the results of this survey indicating the percentage of children in each of the seven provinces who are working in four hazardous sectors: work on the street, leather work and shoemaking, furniture making and automobile repair. The Committee notes that out of the provinces surveyed, Van appears to have the highest proportion of children working in these hazardous sectors (with 9.1 per cent of working children between the ages of 6 and 17 working in one of the identified four sectors), followed by Elazığ (with 7.1 per cent of working children in these hazardous sectors) and Çankırı (with 6.2 per cent of working children working in these hazardous sectors).

The Committee also notes the information in the Government’s report that, within the project entitled “The Elimination of the Worst Forms of Child Labour”, implemented between 2005 and 2007, 4,881 working children or children at risk of working were identified; 4,378 of these children received food, clothes and hygiene products, while 365 children were placed in educational institutions. The Committee further notes the information in the Government’s report submitted under Convention No. 138 that through this project, 772 families received direct and indirect services (including 70 families who were directed to courses to facilitate employment). The Government further indicates in its report submitted under Convention No. 138 that although the project ended on 26 October 2007, the continuation of activities was ensured through protocols signed with local prefectures. The Committee encourages the Government to continue to take measures to remove children working in sectors identified as hazardous from this work and provide them with rehabilitation and social integration into education or vocational training as appropriate. The Committee also requests the Government to continue supplying information on the nature, extent and trends of these forms of labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations carried out, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.