Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

Autre commentaire sur C182

Observation

Demande directe

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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 of April 2004 on the fundamentals and principles of the employment of children and young workers contains a list of hazardous types of work prohibited for persons under 18 years of age. It 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) business 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 also noted that approximately 41 per cent of all working children are employed in agriculture and that, according to the Government, no new legislation has been adopted to protect children in the sectors excluded from the Labour Code. The Committee noted that Decree No. 5763 of 15 May 2008 establishes fines for those who employ children in hazardous work prohibited by the Labour Code. It further noted the various programmes of action undertaken by the Government to combat the employment of children in hazardous types of work, in both agriculture and industry, including furniture-making, tanning and work on the streets.

The Committee notes the Government’s indications that children and young persons who work in sectors excluded from the scope of application of the Labour Code are subject to the Code of Obligations and to various legislative provisions. For example, section 173 of the Public Health Act No. 1593 establishes the minimum age for admission to industrial and mining work at 12 years, and section 179 of the same Act provides that children between the ages of 12 and 16 years are not allowed to work in the categories of work that are hazardous and harmful to health, as determined by the Labour Code. Furthermore, the prohibited types of work determined by Decree No. 25425 shall also be applied to children and young workers between 12 and 16 years of age who are subject to the Code of Obligations. With regard to the other sectors excluded from the Labour Code, the Government indicates that work is being carried out on a Bill on occupational safety and health, the objective of which is to comply with Framework Directive No. 89/391 of the European Union on the implementation of measures to encourage improvements in the safety and health of workers at work. The Committee requests the Government to provide information on the progress achieved in relation to the formulation of the Bill on occupational safety and health and to indicate the manner in which this Act, when it has been adopted, will contribute to the protection of children who work in sectors excluded from the Labour Code being protected against types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 7(2). Effective and time-bound measures. Clause (e). Special situation of girls. The Committee noted previously that the Ministry of National Education had been carrying out activities within the context of the support campaign for the school enrolment of girls (“Girls, Let’s Go to School”) since 2003. The Committee however noted that girls are sometimes kept out of school to work in handicrafts, particularly in rural areas. The Committee also noted that, according to the UNESCO Institute for Statistics, the primary school enrolment rate for girls was lower than that of boys, and that 66 per cent of girls are enrolled in secondary school (compared with 77 per cent of boys).

The Committee notes the Government’s indication that the higher the age of the children, the higher the rate of absenteeism from school among girls. The Government indicates that a study carried out on the risk of dropping out of school and the situation of absenteeism found that the performance of housework by girls, caring for elderly persons or members of their families, seasonal work and economic difficulties are among the causes of the higher rate of absenteeism and dropping out of school among girls. In view of this finding, it was agreed that it was necessary to establish a system to prevent both absenteeism and non-enrolment in school and to support children at risk of failure at school. Accordingly, a model for the gradual management of absenteeism, specifications for the assessment of risks and plans of action have been developed in the context of which interventions have been undertaken with a view to reaching out, among other targets, to child workers of school age. The Government adds that a project of grants (GAP-ÇATOM) has been implemented for poor girls in the South East with the objective of contributing to equality between the sexes in education, integrating girls and keeping them as long as possible in the school system. In 2009, these grants benefited 1,150 students and, in May 2011, this figure reached 1,440 students. Finally, the Committee notes the Government’s indication that the net school enrolment rate of boys in primary school in March 2011 was 99.57 per cent and for girls was 99.28 per cent.

Article 8. International cooperation and assistance. In its previous comments, the Committee noted that the European Union is contributing to the Time-bound Policy and Programme Framework to enhance institutional capacities to combat child labour, particularly in the context of projects on children working on the streets, in dangerous work or in the agricultural sector. The Committee also noted that the EU was providing funding for a research project on the worst forms of child labour in seven provinces and that the issue of child labour is included as a priority in the Government’s Joint Inclusion Memorandum with the EU. The Committee further noted that the preparation of Second National Plan of Action to Combat Human Trafficking was funded by the EU–Turkey Financial Assistance Programme. The Committee noted from the 2009 UNODC Global Report on Trafficking in Persons that voluntary return is provided to victims of trafficking in Turkey through the cooperation of law enforcement officers, the IOM and relevant institutions in the country of origin. It however noted that, while cooperation in combating trafficking between the Government and foreign governments has improved, it is inadequate with some countries of origin and continues to hamper the Government’s ability to investigate and prosecute traffickers. It therefore requested the Government to increase its international cooperation efforts to combat trafficking.

The Committee notes the Government’s indication that, in the context of financial cooperation with the EU, several projects have been undertaken in 2011, namely: the project to reinforce institutions to combat trafficking of persons; the support project to Turkey in its efforts to combat trafficking of persons and to promote the access to justice of victims of trafficking; and the project for the protection of victims of trafficking. Furthermore, the Government indicates that, in the context of measures to combat the trafficking of persons, meetings are organized and action is taken with the forces of order of other countries through the Ministry of Foreign Affairs, embassies and consulates, the Southeast European Cooperation Initiative (SECI), the IOM and the Office of the President of the Interpol-Europol-Sirene Department. The Committee requests the Government to continue its efforts in the field of international cooperation to combat the international trafficking of persons under 18 years of age. It requests the Government to continue providing information on the measures adopted in this respect and the results obtained.