Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee requested the Government to provide information on the measures adopted or envisaged to ensure that the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances is prohibited, and that effective penalties are established. The Committee notes with interest that section 226 of the new Penal Code (Act No. 5237 of 26 September 2004) establishes penalties for the use of children in the production of visual, written or spoken pornography.

Article 3(d) and Article 4, paragraph 1. 1. Hazardous work. Excluded categories of work. The Committee noted previously that section 71(3) of the Labour Act, No. 4857 of 22 May 2003 (hereinafter, the Labour Act), provides that the types of work prohibited for children and young workers under 18 years of age, and those prohibited for young workers between 15 and 18 years, shall be determined by a regulation adopted by the Ministry of Labour and Social Security. In this connection, the Committee noted the adoption of Decree No. 25425 on the fundamentals and principles of the employment of children and young workers, of 6 April 2004, which contains in Annex 3 a list of the 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 Act, 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. The Committee noted that, according to the Child Labour Survey of 1999 prepared by the State Institute of Statistics with the support of the ILO (table 18), 57.6 per cent of child workers are found in agriculture. The Committee recalled that, under the terms of Article 3(d) of the Convention, young persons under 18 years of age shall not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. It therefore requested the Government to provide information on the measures adopted or envisaged to ensure the protection of young persons under 18 years of age working in any of the activities listed above against any form of work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

The Committee notes that, according to the information available to 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 be particularly important as it supplements the Labour Act for the categories of employment or work excluded from the scope of the latter. The Committee requests the Government to provide information on the application of Act No. 5395 on the protection of children in relation to the categories of employment or work excluded from the scope of application of the Labour Act and to provide a copy of the Act.

Article 4, paragraph 3. Periodic examination and revision of the list of hazardous types of work. In its previous comments, the Committee requested the Government to provide information on the possibility of periodically reviewing the list of hazardous types of work which shall not be performed by young persons under 18 years of age. The Committee notes the Government’s indication that, even though the national legislation does not provide for the updating of the list of hazardous types of work, the Ministry of Labour and Social Security may update it at any time.

Article 5. Monitoring mechanisms. 1. Child Labour Unit (CLU). The Committee noted previously that, following the Government’s decision to participate in the ILO/IPEC Programme in 1992, a Child Labour Unit (CLU) was established within the Ministry of Labour and Social Security. The CLU is responsible for gathering and disseminating relevant information on child labour, ensuring coordination among cooperating parties and developing policies related to child labour. The Committee requested the Government to provide information on the activities of the CLU and its impact in eliminating the worst forms of child labour. In this respect, the Committee notes the information provided by the Government that the CLU has developed a draft Policy Framework for the Elimination of Child Labour in Turkey, which has been presented to the various parties concerned by child labour, including the public, for consultation. This draft 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 also notes that a national activity committee will be established to monitor the child labour programmes implemented throughout the country. The Committee requests the Government to continue providing information on the mechanisms established to monitor the implementation of the provisions of the Convention. It also requests the Government to provide a copy of the draft Policy Framework for the Elimination of Child Labour in Turkey once it has been adopted.

2. Police. In its previous comments, the Committee requested the Government to provide information on the concrete measures taken by the Department for the Protection of Minors and by the Child Police, and their impact in terms of the elimination of the worst forms of child labour. The Committee notes the information provided by the Government concerning the application of sections 11 and 12 of Act No. 2559 on the functions and powers of the police, and sections 45 and 63 on the functions and powers of the gendarmerie. Police officers and the gendarmerie control places in which children may be used for abusive purposes, such as bars, discotheques, Internet cafes, games or billiard halls, places near to schools, underground passages, etc. Furthermore, police officers and the gendarmerie take effective measures against the use of children for prostitution and pornographic performances and, in the event of violations of the legislation protecting children, prosecutions are initiated.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Social support centres. Further to its previous comments, the Committee notes the detailed information provided by the Government on the activities and operation of social support centres. It encourages the Government to pursue its efforts in this field.

2. Education. In its previous comments, the Committee requested the Government to provide information on the measures adopted or envisaged to ensure the access to basic education of foreign children living in Turkey. Noting the absence of a reply from the Government, the Committee once again requests it to provide information on this subject.

3. Regional Primary Education Boarding Schools (YIBO) and Primary Boarding Schools (PIO). The Committee noted previously that, according to the ILO/IPEC study of 2004 entitled "Gender, education and child labour in Turkey" (p. 59), the net enrolment rate in basic education was approximately 90 per cent in 2000. Regional disparities can be found in access to education, with the Eastern regions being marked by lower rates (76.8 per cent in Eastern Anatolia and 83.9 per cent in South-East Anatolia), whereas the Marmara region has the highest enrolment rate with almost 100 per cent. The Committee also noted that, according to the Child Labour Survey of 1999, 52.1 per cent of children between the ages of 6 and 17 years work for 40 hours or more per week. Furthermore, the Committee noted that a basic education programme, implemented with the support of the World Bank, was designed to improve existing infrastructure to ensure that children between the ages of 6 and 14 years attend school. One of the components of this programme relates to Regional Primary Education Boarding Schools (YIBO) and Primary Boarding Schools (PIO), the objective of which is 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 takes due note of the Government’s indication that, as the State covers all the school expenses in YIBOs and PIOs, such as school clothing, books and other educational materials, families are encouraged to send their children to school instead of making them go out to work. The economic burden on families is therefore lessened. The Committee requests the Government to provide information on the impact of the basic education programme in terms of improving school attendance by children in rural areas and by poor children.

Clause (b). Necessary direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Children working in the automobile repair, footwear and garment industries. The Committee noted previously that the Ministry of Labour and Social Security launched, with the support of ILO/IPEC, an "Integrated Programme for the Elimination of the Worst Forms of Child Labour in Selected Industrial Areas in Izmir" (2001-04). The programme targets the automobile repair, footwear and garment sectors. The Committee requested the Government to continue providing information on the measures adopted for the removal of children from the worst forms of child labour in the above sectors and on the results achieved. In this respect, the Committee notes the information provided by the Government that labour inspectors have inspected 4,892 enterprises. As a result of these inspections, 6,079 children have benefited from the programme. Accordingly, seminars have been organized to raise the awareness of children, their families and employers. Following these meetings, the children have been oriented either towards normal education, or towards training programmes. The Committee takes due note of the Government’s endeavours in this field and encourages it to continue these efforts. It requests it to continue providing information on the results achieved.

2. Children working in the furniture sector. The Committee notes the information provided by the Government that a programme for the elimination of the worst forms of child labour in the furniture sector is currently being implemented. It notes that this programme covers the provinces of Ankara, Izmir and Bursa and that it will directly benefit over 1,250 young persons under 18 years of age, including their brothers, sisters, families and employers. In this regard, the labour inspectorate, in collaboration with the University of Hacettepe, undertook a survey of 700 enterprises, 674 employers, 169 children and 134 families in Ankara, Izmir and Bursa. The working conditions and other characteristics of enterprises in the furniture-making sector and the socio-economic situation of employers and families were analysed. During the period between January and May 2005, a total of 1,073 enterprises were inspected, of which 660 were in Ankara, 322 in Bursa and 91 in Izmir. The inspections revealed that a total of 507 children, of whom 127 were in Ankara, 163 in Bursa and 217 in Izmir, are working in the sector. The Committee notes that social centres have been opened in the three cities. Of the 507 children working in the sector, 101 have been registered in vocational training centres. Furthermore, 77 children under 15 years of age and 430 children between 15 and 18 years of age have been removed from the worst forms of child labour and oriented towards school. The Committee takes due note of the Government’s endeavours in this field and encourages it to pursue its efforts. It requests the Government to provide information on the results achieved.

3. Children working in the agricultural sector. In its previous comments, the Committee noted that the protection afforded by the Labour Code does not cover children who work in agricultural undertakings employing fewer than 50 workers. It also noted that, of the 1,008,000 children between the ages of 6 and 14 years who work, 77 per cent are in agriculture (report on the implementation of labour inspection policy in Turkey, June 2000, page 2). According to the Labour Inspection Board, 87 per cent of children who work are employed in small enterprises with between one and nine workers. The Committee also noted that, according to the report of the Time-Bound Programme of May 2004 (pages 46-47), children who are engaged in seasonal agricultural work leave their village during specific seasons for between five and seven months to engage in such activities as hoeing, haying, harvesting, etc. The report on the Time-Bound Programme also indicates that children working in seasonal commercial agriculture will be a priority group because they do not have access to public education, work without protection and are very young. The Committee requested the Government to provide information on the time-bound measures adopted or envisaged to ensure that young persons under 18 years of age who work in the agricultural sector are protected from the worst forms of child labour.

The Committee notes the information provided by the Government to the effect that a programme on the elimination of the worst forms of child labour in commercial seasonal agriculture through education (2005-07) is currently being implemented. The objective of the programme is to achieve the school attendance of children engaged in seasonal agricultural work in Adana-Karakas. A social centre has been established in the context of the programme with the objective of implementing rehabilitation, guidance and education measures for children working in the sector. Over 1,000 children engaged in work and 1,500 children who are at risk will benefit from the programme. Between January and August 2005, a total of 318 boys and 176 girls were removed from work and oriented towards education. Furthermore, 25 boys and 25 girls were removed from work. The Committee requests the Government to continue providing information on the numbers of children working in commercial seasonal agriculture who are in practice removed from work and on the measures adopted to secure their rehabilitation and social integration.

Clause (c). Special situation of girls. The Committee noted previously that, in its concluding observations on the Government’s initial report in July 2001, the Committee on the Rights of the Child (CRC/C/15/Add.152, paragraphs 55-56), expressed concern at the high school drop-out rates among girls after the third grade (which corresponds to the age of nine), particularly in rural areas. It also noted that, according to the ILO/IPEC study entitled "Gender, education and child labour in Turkey" of 2004 (page 59), the net enrolment rate in basic education in 2000 was 93.6 per cent for boys and 87.8 per cent for girls. Furthermore, according to the ILO/IPEC report of 28 August 2003 (Supporting the Time-Bound National Policy and Programme for the Elimination of the Worst Forms of Child Labour, page 93), special attention should be paid, within the context of the Time-Bound Programme, to the enrolment of girls into the primary education system in an effort to combat socio-cultural attitudes which give priority to the education of boys. In this context, an intensive awareness-raising campaign is being carried out among parents. Noting the absence of information from the Government, the Committee once again requests it to provide information on the concrete measures adopted or envisaged to improve the access of girls to primary education and to reduce their drop-out rates, 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), with the objective of improving incomes in the nine provinces of the region, which are amongst the least developed in the country. It noted that the aim of the project was to break the vicious circle of poverty, which is essential to eradicate the worst forms of child labour, and requested the Government to supply information on any significant impact of the project in terms of eliminating the worst forms of child labour. In the absence of information provided by the Government, the Committee once again requests it to supply information on any significant impact of the project in terms of eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee noted previously that the State Institute of Statistics of Turkey, in collaboration with the Ministry of Labour and Social Security, had undertaken a survey on child labour in 1994 and 1999, resulting in the development of a database containing regularly updated quantitative and qualitative data on child labour. The Committee also noted that, according to the report of the Ministry of Labour and Social Security on the activities of the labour inspectorate to combat child labour in Turkey of June 2000, children are confronted with the following problems: 45 per cent of children working in the wood products sector carry heavy loads and 23 per cent use machinery; in the leather sector, their working hours are excessive (25 per cent) or they carry heavy loads (13 per cent); 77 per cent of children working in the metal sector have to work in extremely high temperatures; in furniture-making, all children are exposed to noise and vibrations and 66 per cent of them work in premises with insufficient ventilation. According to the labour inspection report, children who work in poor working conditions, without sufficient health monitoring, face serious risks. According to the report, 24.9 per cent of the children who work have no social protection against employment injury or occupational diseases.

The Committee takes due note of the information provided by the Government concerning the inspections carried out by the labour inspectorate between 2003 and 2005. It also notes that the Government has implemented action programmes in the economic sectors referred to above. The Committee encourages the Government to pursue its efforts to improve the situation of children engaged in the worst forms of child labour. It requests it to continue supplying information on these forms of work, and particularly 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.