Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Articles 3(d) and 4, paragraph 1, of the Convention. Hazardous work and excluded categories of work. In its previous comments, the Committee had 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 in its third annex. The Committee had also noted that, under the terms of section 4 of the Labour Act, 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.

The Committee notes that Act No. 5395, which was reported to supplement the Labour Act for the categories of employment or work excluded from the scope of the latter, in fact regulates the procedures and principles with regard to the protection of children in need or who are involved in criminality. It notes the Government’s statement that, in the context of the national Time-bound Policy and Programme Framework (TBPPF) and, more specifically, of the ILO–IPEC project to enhance national capacity, the Child Labour Unit has submitted the amendments to national legislation relating to child labour. The Committee notes that, as reported in 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” (EWFCLT), the third Child Labour Survey, conducted during October–December 2006, revealed that 41 per cent of all working children are employed in agriculture. Yet, the Government indicates, in its report, that no new legislation has been adopted with regard to the protection of children working in the sectors of work excluded from the Labour Code. Accordingly, the Committee urges the Government to take measures to ensure the protection of young persons under 18 years of age working in any of the activities excluded from the scope of application of the Labour Act 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.

Article 5. Monitoring mechanisms. 1. Child Labour Unit, National Steering Committee, Consultative Board and Labour Inspection Board. In its previous comments, the Committee had noted that the Child Labour Unit (CLU), established within the Ministry of Labour and Social Security, is responsible for gathering and disseminating relevant information on child labour and developing policies related to child labour. It notes the Government’s information that, in addition to the CLU, a National Steering Committee (NSC) and a Consultative Board (CB) have been established in order to oversee the child labour programmes which are being implemented across the country. The NSC, which consists of representatives from many institutions including the Government and employers and workers’ organizations, is responsible for deciding the eligibility of the programmes and projects which aim to combat child labour and its worst forms, as well as for coordinating and monitoring these programmes and projects. The role of the CB, which is also composed of various stakeholders, is to exchange information between institutions that perform child labour-related activities, and to propose solutions for the prevention of child labour. Moreover, the Committee notes that, according to the 2006–2007 ILO–IPEC Biannual Interim Report on the EWFCLT, the CLU has conducted project monitoring activities during the reporting period: (1) from March to May 2006, two visits to Cankiri province, two to Kastamonu, one to Erzurum, one to Sinop, one to Van and one to Ordu, have been carried out; and (2) from June 2006 to May 2007, 74 visits have been carried out in the selected provinces.

Furthermore, the Committee notes the Government’s statement that the Labour Inspection Board has conducted inspections in 62,369 workplaces in 2005. As a result of these inspections, 1,604 young workers were detected. Inspections were also carried out in 2006 in 282,630 workplaces, which permitted the detection of 11,223 young workers. The Government indicates that no child under the age of 15 years was detected working during these inspections. As for children between the ages of 15 and 18 years found working in the worst forms of child labour, they were either withdrawn from work or have had their conditions of work improved to meet the requirements of the Labour Law. The Committee requests the Government to continue providing information on the mechanisms established to monitor the implementation of the provisions of the Convention and, more specifically, on the activities of the CLU.

2. Child Labour Monitoring System (CLM). The Committee notes that, according to the ILO–IPEC Technical Progress Report of March 2007 on the project entitled “Combating the worst forms of child labour in Turkey – Supporting the time-bound national policy programme for the elimination of the worst forms of child labour in Turkey”, a comprehensive child labour monitoring and reporting mechanism was established in 13 provinces. According to the
2006–07 ILO–IPEC Biannual Interim Report on the EWFCLT, the comprehensive CLM includes two components: the first is to conduct monitoring and the second, to provide social support and rehabilitation to the children withdrawn from the worst forms of child labour according to their needs. As part of the CLM, Provincial Programme Coordination Offices (PPCOs) were established and are operational to provide educational, withdrawal, preventative, monitoring and counselling services to children in seven selected provinces: Cankiri, Elazig, Erzurum, Kastamonu, Ordu, Sinop and Van. As a result of this monitoring system, 4,209 children have been identified during the reporting period, of which 1,379 were prevented from being engaged in the worst forms of child labour, while the remaining were withdrawn from work. Furthermore, the Committee notes that PPCO staff regularly visit schools, workplaces and villages, as well as households, in view of the importance of the role of families in the prevention of child labour. In the 27 November 2006 to 31 May 2007 reporting period, PPCO staff visited a total of 1,400 households and have chosen 283 pilot schools in which to hold information meetings on the School-based Child Labour Monitoring System to monitor enrolment, retention and educational performance of children who work or who are ex-workers. These school-based CLM meetings have permitted the identification of 1,286 of the 4,209 children in total. The Committee requests the Government to continue providing information on the impact of the monitoring activities carried out by the CLM, especially in terms of the number of children prevented from being engaged in, or withdrawn from, the worst forms of child labour and then rehabilitated.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 
1. Education of foreign children. In its previous comments, the Committee requested the Government to provide information on the measures adopted or envisaged to ensure access to basic education of foreign children living in Turkey. It takes note of the Government’s information that foreign students of primary or secondary school age who have valid residence permits take up residence with the Turkish National Police authorities and are treated the same way as Turkish students. The Government indicates that the circular 2003/03 of 27 January 2003 provides that schools for foreign students are affiliated to the Ministry of National Education without any discrimination. The Committee requests the Government to supply a copy of the circular 2003/03 with its next report.

2. Regional Primary Education Boarding Schools (YIBOs) and Primary Boarding Schools (PIOs). In its previous comments, the Committee had 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 (YIBOs) and Primary Boarding Schools (PIOs), 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 had noted the Government’s indication that families are encouraged to send their children to school instead of making them work since the State covers all the school expenses in the YIBOs and PIOs, such as school clothing, books and other educational materials. The Committee notes with interest the Government’s information that, in the 2006–07 academic year, 282,132 children in total have been educated in 603 YIBOs as a result of this programme’s implementation. Furthermore, by the end of the
2006–07 academic year, 411,282,131 textbooks have been distributed for primary school students. The Committee also notes the Government’s information that transportation to school has been provided for students who live in under-populated and scattered residential areas. In the 2006–07 academic year, 649,329 students in 81 provinces have benefited from this service. Considering that education contributes to the elimination of the worst forms of child labour, the Committee encourages the Government to pursue its efforts in this field.

Clause (b). Necessary direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Children working in the furniture sector. The Committee had previously noted that a programme for the elimination of the worst forms of child labour in the furniture sector was implemented in the provinces of Ankara, Izmir and Bursa, and ended on 30 June 2007. It notes the Government’s information in its report that, in the context of this project, 4,925 workplaces have been inspected by the Labour Inspection Board, among which 2,134 were informal workplaces. The Committee notes with interest that, as a result, 5,404 children were reached, among whom 1,821 are under the age of 15 and 3,583 between the ages of 15 and 18. The Committee also notes the Government’s indication that 656 children under 15 years of age were withdrawn from work and directed to education. Furthermore, 1,582 children between the ages of 15 and 18 years were withdrawn from work and directed to vocational education. Among the total number of children, 4,445 of them were directed to schools, in accordance with their levels of education. The Committee encourages the Government to pursue its efforts in removing children from hazardous work in the furniture sector and reintegrating them in education or vocational training.

Clause (c). Special situation of girls. Following its previous comments, the Committee notes the Government’s information that, with the collaboration of UNICEF, the Ministry of National Education has 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 takes due note of the Government’s indication that, as of 2006, 222,800 girls throughout Turkey have enrolled in school. Moreover, the Committee notes that a training programme for the CLU and members of the General Directorate on Labour on combating child labour in Turkey with gender sensitive approaches has taken place from 28 May to 1 June 2007 at the International Training Centre (ITC) in Turin, Italy. The Committee requests the Government to continue providing information on the measures taken to improve the access of girls to free basic education 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. According to the information available to the Committee, GAP is the largest project ever attempted in Turkey, and one of the largest in the world. As an integrated project, GAP comprises dams, power plants, irrigation schemes, agriculture, transportation, industry, education, health and urban and rural infrastructure. The Committee also notes that within the context of GAP, several smaller projects have been implemented, among which the Project of Reading Rooms for Children, which aims to put children out of negative and risky environments, such as the streets, and the Project of Multi-Purpose Community Centres for Women (CATOM), to provide support to women from poor families who have migrated from rural areas to the cities. Between June 2002 and December 2006, 13 Reading Rooms for Children have been established which reached 7,000 children. As for the CATOMs, there are 29 of them in nine provinces of the south-eastern Anatolia region and, until now, 120,000 persons, the majority being women, have benefited from these centres directly. The Committee requests the Government to continue providing information on the results of the GAP and, more specifically, on its impact in terms of eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes with interest that the ILO–IPEC project entitled “Combating the worst forms of child labour in Turkey – Supporting the time-bound national policy programme for the elimination of the worst forms of child labour in Turkey” has, as of 28 February 2007, permitted the prevention or withdrawal of 15,830 children from the worst forms of child labour, of which 10,667 have been provided education and training opportunities. It also notes that, according to the 2006–07 ILO–IPEC Biannual Interim Report on the EWFCLT, 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. According to the limited amount of information available to the Committee with regard to the results of this Child Labour Survey, the Committee observes that 958,000 children between the ages of 6 and 17 years are working in Turkey. Consequently, the Committee encourages the Government to pursue its efforts to improve the situation of working children engaged in the worst forms of child labour. It requests the Government to supply a copy of the 2006 Child Labour Survey. 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.