CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

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.

CMNT_TITLE

The Committee notes the Government’s report, in addition to the communication of the Turkish Confederation of Employers’ Associations (TISK), 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 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted the indication of the International Trade Union Confederation (ITUC) that Turkey is a transit and destination country for trafficked children, who are forced into prostitution and debt bondage. The Committee also noted that a national plan of action to combat trafficking in human beings was adopted in 2003. The Committee requested the Government to provide information on the measures taken to ensure that the sale and trafficking of children under 18 years is eliminated.

The Committee observes that the Government’s report contains few details on anti-trafficking efforts, although the Government does indicate that the Children’s Office (in the Commission of the Provinces) organizes a yearly course entitled “combating the trafficking and sexual harassment of children” for workers of this office. The Committee also notes the information in the 2009 UNODC Global Report on Trafficking in Persons that a second national plan of action to combat trafficking in human beings was prepared in 2007, and is awaiting adoption. This report also indicates that eight child victims of trafficking were identified by state authorities in 2005, and 14 were identified in 2006.

The Committee notes the information in a 2009 report on the trafficking in persons in Turkey available at the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (Trafficking Report), that in 2008, the Government prosecuted 69 trafficking cases involving 273 suspected traffickers, a significant increase from the 160 suspected traffickers prosecuted in 2007. This report also indicates that the Government reported securing convictions for 58 trafficking offenders in 2008. The Committee also notes the information in the Trafficking Report that the Government is taking measures to prevent complicity by law enforcement agents; in 2008, 25 security officials were investigated for trafficking-related complicity, and one court official was convicted for trafficking-related complicity. The Committee expresses its concern at allegations of complicity by law enforcement officials with human traffickers. The Committee urges the Government to pursue its effort to ensure that perpetrators of human trafficking, and complicit law enforcement officials, are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to provide information on the number of persons convicted and sentenced for cases involving victims under the age of 18. The Committee also requests the Government to provide information on the second national plan of action to combat trafficking in human beings, and if this plan has not yet been adopted, to take the necessary measures to ensure its adoption.

Article 7(2). Effective and time-bound measures. 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 agricultural sector. The Committee previously noted that the protection afforded by the Labour Code does not cover children who work in agricultural undertakings employing fewer than 50 workers. It noted that the Labour Inspection Board indicated that 87 per cent of working children were employed in small enterprises with between one and nine workers. The Committee also noted that in 2006, 41 per cent of the 958,000 working children between the ages of 6 and 17 years were employed in agriculture. The Committee further noted the implementation of the Project for Combating Child Labour through Education (2004–08) to increase access to basic and vocational education for children employed in agriculture, particularly children engaged in, or at risk of engaging in, seasonal work as migrant labourers. It requested information on the final results of this programme.

The Committee notes the information in the Government’s report that, within the context of the Project for Combating Child Labour through Education
(2004–08), 8,365 children were reached. The Government’s report indicates that the Project for Combating Child Labour through Education (2004–08) 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 further notes the Government’s indication that the implementation of an ILO–IPEC project entitled “Guiding working children towards school” in the provinces of Adana and Karatas resulted in visits to over 2,000 children working in agriculture (or at risk of working in this sector), of which 1,620 were directed towards school. The Government indicates that 286 of these children benefited from catch-up courses during the summer, and 73 families received services.

The Committee notes the information in the Government’s report regarding a project started in 2005 which will continue until 2015, that (in collaboration with relevant institutions and NGOs) aims to eliminate the worst forms of child labour (2005–15 project). The 2005–15 project targets three particular groups of children, including migrant children performing paid agricultural work outside of family enterprises on a temporary basis. In this regard, the Committee also notes the information on the UNICEF website that working children in Turkey travel for much of the year in search of low-paid employment in the agricultural sector, living in squalid conditions without access to health care or education. The Committee therefore urges the Government to pursue its efforts to eliminate the engagement of children in hazardous agricultural work. It requests the Government to provide information on the results achieved through the
2005–15 project to eliminate the worst forms of child labour, particularly on the number of children removed from work in the agricultural sector and provided with rehabilitation and social reintegration services.

2. Children working in the furniture sector. The Committee previously noted that an action 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. Noting the results of this project, the Committee encouraged the Government to pursue its efforts in removing children from hazardous work in the furniture sector and reintegrating them in education or vocational training.

The Committee notes the statement by TÜRK-IS in its communication that the worst forms of child labour continue to be seen in the furniture industry. The Committee also notes the Government’s statement that the final number of children who received services and educational opportunities through the
ILO–IPEC action programme was 5,909, and that 1,767 poor families received educational scholarships, medical services and assistance in finding employment.

The Committee notes that the results of the survey on the worst forms of child labour in the Government’s report indicate that while generally the proportion of working children engaged in the furniture industry is relatively low, in some provinces a significant number of children continue to be engaged in this dangerous work; in the province of Çankırı, the survey indicates that 5.1 per cent of the working children surveyed worked in the furniture industry. It also notes the indication 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.org), that Turkish children working in the furniture sector continues to be an issue, and that these children face health and safety risks, including exposure to dangerous chemicals and dangerous machinery. The Committee therefore urges the Government to redouble its efforts to remove, rehabilitate and provide for the social integration of children engaged in hazardous work in the furniture industry, as a matter of urgency. It requests the Government to provide information on the results achieved in its next report.

Clause (d). Children at special risk. Children living or working on the streets. In its previous comments, the Committee noted the indication of the TISK that there were nearly 10,000 children working on the streets of Istanbul and nearly 3,000 in Gaziantep, who were working under dangerous conditions without protection. The Committee requested the Government to provide information on its efforts to protect children living and working on the streets from the worst forms of child labour.

The Committee notes the statement of TÜRK-IS that children engaging in street work was the most dangerous form of child labour in Turkey, and that while accurate estimates of children working in other sectors is available, the total number of street children remains unknown. TÜRK-IS indicates that additional projects are needed to prevent child labour on the streets, and that social and economic measures are necessary to address this phenomenon. The Committee also notes the information in the Government’s report on the results of the survey on the worst forms of child labour that, of the nearly 21,000 working children surveyed in the province of Van, 6.7 per cent were working on the streets. Other provinces with high proportions of children working on the streets include Eruyurum, where 4 per cent of the nearly 28,000 children surveyed were found to be working on the streets, and Elazığ, where 6.7 per cent of the approximately 10,000 children surveyed were found to be working on the streets.

The Committee further notes the information in the Government’s report that since 1997, the General Directorate of Social Services and Child Protection (SHÇEK) has operated 36 centres and six homes in 28 different regions that offer rehabilitative services to children in difficult situations, including children who work in the street. The Government’s report indicates that by the end of 2008, in Istanbul, 4,270 children who lived or worked in the street and their families were provided with housing, social services (including educational services) and social protection. The Government’s report also indicates that 119 such children in Adana and 542 such children in Diyarbkir also received services in similar centres. In addition, the Committee notes the information in the Government’s report that the 2005–15 project focuses on children working in the street as one of the three main target groups. Finally, the Committee notes the information in the Government’s report submitted under the Minimum Age Convention, 1973
(No. 138) that, within the context of a multi-sectoral project covering south-east Anatolia (GAP), the “Project for rehabilitation of children working in the streets” was implemented, with UNDP funding. The Committee requests the Government to continue its efforts to ensure that persons under 18 years of age who live and work on the streets are not engaged in work which, by its nature, is likely to harm their health, safety or morals, and to provide information on the results achieved. It also requests the Government to provide information on the impact of the “Project for rehabilitation of children working in the streets”, specifically the number of street children who benefited from its implementation.

Article 8. International cooperation and assistance. In its previous comments, the Committee noted that the European Union (EU) had been supporting the Time-bound Policy and Programme Framework to enhance institutional capacities to combat child labour, notably in the context of projects on children working on the streets, in dangerous work or in the agricultural sector. It requested the Government to provide information on the measures taken with the assistance of the EU to combat the worst forms of child labour.

The Committee notes the information in the Government’s report that the EU provided funding for a research project on the worst forms of child labour in seven provinces. The Committee also notes the information in the Government’s report submitted under Convention No. 138 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 on the website for the Turkish Minister of Foreign Affairs that the preparation of the second national plan of action to combat trafficking in human beings was funded by the
EU–Turkey Financial Assistance Programme.

The Committee notes the information in 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 officials, the IOM and relevant institutions in the source country. The Committee also notes the statement in the 2009 Trafficking Report that while cooperation on combating trafficking between the Government and foreign governments has improved, a lack of cooperation with some source countries continues to hamper the Government’s ability to investigate and prosecute some traffickers. Therefore, the Committee urges the Government to redouble its international cooperative anti-trafficking efforts to eliminate this worst form of child labour. It requests the Government to provide information on the measures taken in this regard, and on the results achieved.

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

CMNT_TITLE

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 3, clause (d) and Article 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.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted the indication of the International Trade Union Confederation (ITUC) that Turkey is a transit and destination country for trafficked children. These children originate from the following countries: Armenia, Azerbaijan, Georgia, Republic of Moldova, Romania, the Russian Federation, Ukraine and Uzbekistan. The ITUC added that Turkey is a transit country, mainly for children from Central Asia, Africa, the Middle East and the former Yugoslav Republic of Macedonia, who are then sent to European countries. The ITUC also indicated that trafficked children are forced into prostitution or debt bondage.

The Committee had noted that the new Penal Code (Act No. 5237 of 26 September 2004) contains new provisions on, among other matters, the trafficking and sexual exploitation of children, including the prostitution of children, as well as more severe penalties for these crimes. It had requested the Government to provide information on the application of the penalties in practice.

The Committee noted that the Child Protection Law, which entered into force on 3 July 2005, aims at integrating international standards into the procedures and principles regarding children in need of protection. It also noted that, according to the 2006 concluding observations of the Committee on the Rights of the Child in consideration of the report submitted by the Government under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/TUR/CO/1, paragraph 4), the National Task Force to Combat Trafficking in Human Beings was established, and a National Plan of Action was accordingly adopted in 2003. However, the Committee on the Rights of the Child expressed its concern that there is no specific plan of action on the sale of children in Turkey. Furthermore, according to the Committee on the Rights of the Child, there is a lack of information on the actual situation of the sale of children (CRC/C/OPSC/TUR/CO/1, paragraph 15). In this regard, the Committee recalled that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. Consequently, the Committee once again requests the Government to provide information on the measures taken to ensure that the sale and trafficking of children under 18 years for commercial sexual exploitation is eliminated. The Committee also once again requests the Government to take the necessary measures to ensure that the offenders are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, it requests the Government to take measures to withdraw child victims of trafficking from commercial sexual exploitation and to ensure their rehabilitation and social integration, as a matter of urgency.

Article 7, paragraph 1. Penalties. Inciting or using a child for begging. The Committee had previously noted with satisfaction that section 229 of the new Penal Code prohibits the use of children for begging and establishes a penalty of one to three years’ imprisonment. It noted the Government’s information that 252 families, who insisted on inciting their children to beg despite being provided with various professional and social services, were penalized. The 305 children identified in such conditions were afterwards taken from their families and placed in a foster home or an institution suitable to their gender and age. The Committee also noted that the Government indicates that it has attached statistical data on the number of cases and convictions which were imposed in this regard. However, no such information was actually joined to the Government’s report. Consequently, the Committee once again requests the Government to provide this information with its next report, as well as to continue providing information on the application of the penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. 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 agricultural sector. The Committee had previously noted that the protection afforded by the Labour Code does not cover children who work in agricultural undertakings employing fewer than 50 workers. It had also noted that, of the 1,008,000 children between the ages of 6 and 14 years who worked in 2000, 77 per cent were in agriculture (report on the implementation of labour inspection policy in Turkey, June 2000, page 2). The Committee had also noted that, according to the Labour Inspection Board, 87 per cent of children who work are employed in small enterprises with between one and nine workers. In that regard, the Committee noted that, to ensure the protection of young persons under 18 years of age who work in the agricultural sector from the worst forms of child labour, a programme on the elimination of the worst forms of child labour in commercial seasonal agriculture through education was being implemented, the objective of which was to achieve the school attendance of children concerned.

The Committee noted that the more recent available information indicates that 41 per cent of the 958,000 children between the ages of 6 and 17 years who worked in 2006 were employed in agriculture (2006–07 ILO–IPEC Biannual Interim Report on the EWFCLT, page 2). It noted that, according to the summary outline for the Action Programme on Child Labour in Seasonal Commercial Agriculture of 2005, work in seasonal commercial agriculture, and especially in cotton harvesting, has been identified as a worst form of child labour. The Action Programme, which was extended until June 2007, therefore targeted 2,750 boys and girls, 1,000 of whom would be withdrawn and 1,750 prevented from entering this worst form of child labour. Furthermore, the Action Programme aimed to provide 2,000 of these boys and girls with educational and training services, while the remaining 750 would be provided other non-education related services. The Committee noted the Government’s information that, within the scope of this programme and as of 8 March 2007, 2,458 children have been identified, 1,128 of them girls and 1,330 of them boys. These children have been settled in boarding primary regional schools and neighbouring schools. Moreover, a Project for Combating Child Labour through Education (2004–08) has been implemented by the firm IMPAQ, under the coordination of the CLU and the Ministry of National Education, to increase access to basic and vocational education for children employed in agriculture, particularly children engaged in, or at risk of engaging in, seasonal work as migrant labourers. According to the Government, this project targets 10,000 children and a significant number have already been reached. The Committee once again encourages the Government to continue its efforts to ensure that children under 18 years are protected from working in seasonal commercial agriculture, identified as a worst form of child labour. It once again requests the Government to provide more information on results attained by the implementation of the Action Programme, more specifically on the final number of children who were prevented or withdrawn from being engaged in seasonal commercial agriculture and then rehabilitated by being provided with educational, vocational or other services. Finally, the Committee asks it to provide more detailed information on the impact of the Project for Combating Child Labour through Education in this regard.

Clause (d). Children at special risk. Children living or working on the streets. In its previous comments, the Committee had noted the indication of the TISK that children who work on the streets are not registered and work under dangerous conditions without protection. The Committee had also noted the ITUC’s report that nearly 10,000 children were working on the streets of Istanbul and nearly 3,000 in Gaziantep. The ITUC had added that street children can be classified into two groups: the first is composed of children who go out onto the streets during the day to sell all kinds of items and return home in the evening, the second consists of children who live and work on the streets. The latter are engaged in garbage collection and sorting, and are often involved in drug abuse, street gangs and violence. The Committee had also noted that, according to a rapid assessment conducted by ILO–IPEC on street children working in Adana, Istanbul and Diyarbakir, street children who work are between the ages of 7 and 17 years, with an average age of 12 years.

The Committee had noted the implementation, in the context of the Time‑Bound Policy and Programme Framework (TBPPF), of the December 2004 Programme for the Elimination of Child Labour in Street Trades in 11 provinces. The Committee had noted that the Programme directly targeted 6,700 boys and girls, 2,700 of whom were to be removed from the worst forms of child labour and 4,000 to be prevented from becoming engaged in work. It had also noted that an estimated 6,000 children would benefit indirectly from the Programme. The Committee had requested the Government to provide information on the impact of the Programme and the results achieved.

The Committee had noted 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” (EWFCLT), a comprehensive child labour monitoring and reporting mechanism was established in 13 provinces which permitted the identification of 4,209 working children for the period covered. The Committee had noted with interest that, of these 4,209 children, 1,699 were found working on the streets and were consequently withdrawn and provided with services. The Committee once again requests the Government to continue its efforts to ensure that young persons under 18 years of age who live and work on the streets are not engaged in work which, by its nature, is likely to harm their health, safety or morals, and to provide information on the results achieved. It also requests the Government to provide information on the impact of the
ILO–IPEC Programme for the Elimination of Child Labour in Street Trades, especially in terms of the number of street children who were prevented or withdrawn from the worst forms of child labour and rehabilitated.

Article 8. International cooperation and assistance. In its previous comments, the Committee had noted that the issue of the worst forms of child labour was included in the short-term priorities of the Accession Partnership (2003–04), in which it was stated that efforts to address the problem would be continued. The Committee had noted that the Accession Partnership has been revised in 2006, so as to allow it to evolve as Turkey progresses. It had noted the Government’s statement that the European Union has been supporting the TBPPF in a way to enhance the institutional capacities to combat child labour, notably in the context of projects on children working on the streets, in dangerous work or in the agricultural sector. However, the Committee had observed that the Government does not provide information on the cooperation or assistance measures adopted or envisaged with the European Union or with other countries to eliminate, in particular, the trafficking of children for the exploitation of their labour or for sexual exploitation. The Committee once again requests the Government to provide this information in its next report.

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.

CMNT_TITLE

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.

CMNT_TITLE

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted the indication of the International Trade Union Confederation (ITUC) that Turkey is a transit and destination country for trafficked children. These children originate from the following countries: Armenia, Azerbaijan, Georgia, Republic of Moldova, Romania, the Russian Federation, Ukraine and Uzbekistan. The ITUC added that Turkey is a transit country, mainly for children from Central Asia, Africa, the Middle East and the former Yugoslav Republic of Macedonia, who are then sent to European countries. The ITUC also indicated that trafficked children are forced into prostitution or debt bondage.

The Committee had noted that the new Penal Code (Act No. 5237 of 26 September 2004) contains new provisions on, among other matters, the trafficking and sexual exploitation of children, including the prostitution of children, as well as more severe penalties for these crimes. It had requested the Government to provide information on the application of the penalties in practice.

The Committee notes that the Child Protection Law, which entered into force on 3 July 2005, aims at integrating international standards into the procedures and principles regarding children in need of protection. It also notes that, according to the 2006 concluding observations of the Committee on the Rights of the Child in consideration of the report submitted by the Government under the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/TUR/CO/1, paragraph 4), the National Task Force to Combat Trafficking in Human Beings was established, and a National Plan of Action was accordingly adopted in 2003. However, the Committee on the Rights of the Child expressed its concern
that there is no specific plan of action on the sale of children in Turkey. Furthermore, according to the Committee on the Rights of the Child, there
is a lack of information on the actual situation of the sale of children (CRC/C/OPSC/TUR/CO/1, paragraph 15). In this regard, the Committee recalls that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. Consequently, the Committee requests the Government to provide information on the measures taken to ensure that the sale and trafficking of children under 18 years for commercial sexual exploitation is eliminated. The Committee also once again requests the Government to take the necessary measures to ensure that the offenders are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, it requests the Government to take measures to withdraw child victims of trafficking from commercial sexual exploitation and to ensure their rehabilitation and social integration, as a matter of urgency.

Article 7, paragraph 1. Penalties. Inciting or using a child for begging. The Committee had previously noted with satisfaction that section 229 of the new Penal Code prohibits the use of children for begging and establishes a penalty of one to three years’ imprisonment. It notes the Government’s information that 252 families, who insisted on inciting their children to beg despite being provided with various professional and social services, were penalized. The 305 children identified in such conditions were afterwards taken from their families and placed in a foster home or an institution suitable to their gender and age. The Committee also notes that the Government indicates that it has attached statistical data on the number of cases and convictions which were imposed in this regard. However, no such information was actually joined to the Government’s report. Consequently, the Committee requests the Government to provide this information with its next report, as well as to continue providing information on the application of the penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. 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 agricultural sector. The Committee had previously noted that the protection afforded by the Labour Code does not cover children who work in agricultural undertakings employing fewer than 50 workers. It had also noted that, of the 1,008,000 children between the ages of 6 and 14 years who worked in 2000, 77 per cent were in agriculture (report on the implementation of labour inspection policy in Turkey, June 2000, page 2). The Committee had also noted that, according to the Labour Inspection Board, 87 per cent of children who work are employed in small enterprises with between one and nine workers. In that regard, the Committee noted that, to ensure the protection of young persons under 18 years of age who work in the agricultural sector from the worst forms of child labour, a programme on the elimination of the worst forms of child labour in commercial seasonal agriculture through education was being implemented, the objective of which was to achieve the school attendance of children concerned.

The Committee notes that the more recent available information indicates that 41 per cent of the 958,000 children between the ages of 6 and 17 years who worked in 2006 were employed in agriculture (2006–07 ILO/IPEC Biannual Interim Report on the EWFCLT, page 2). It notes that, according to the summary outline for the Action Programme on Child Labour in Seasonal Commercial Agriculture of 2005, work in seasonal commercial agriculture, and especially in cotton harvesting, has been identified as a worst form of child labour. The Action Programme, which was extended until June 2007, therefore targeted 2,750 boys and girls, 1,000 of whom would be withdrawn and 1,750 prevented from entering this worst form of child labour. Furthermore, the Action Programme aimed to provide 2,000 of these boys and girls with educational and training services, while the remaining 750 would be provided other non-education related services. The Committee notes the Government’s information that, within the scope of this programme and as of 8 March 2007, 2,458 children have been identified, 1,128 of them girls and 1,330 of them boys. These children have been settled in boarding primary regional schools and neighbouring schools. Moreover, a Project for Combating Child Labour through Education (2004–08) has been implemented by the firm IMPAQ, under the coordination of the CLU and the Ministry of National Education, to increase access to basic and vocational education for children employed in agriculture, particularly children engaged in, or at risk of engaging in, seasonal work as migrant labourers. According to the Government, this project targets 10,000 children and a significant number have already been reached. The Committee encourages the Government to continue its efforts to ensure that children under 18 years are protected from working in seasonal commercial agriculture, identified as a worst form of child labour. It requests the Government to provide more information on results attained by the implementation of the Action Programme, more specifically on the final number of children who were prevented or withdrawn from being engaged in seasonal commercial agriculture and then rehabilitated by being provided with educational, vocational or other services. Finally, the Committee asks it to provide more detailed information on the impact of the Project for Combating Child Labour through Education in this regard.

Clause (d). Children at special risk. Children living or working on the streets. In its previous comments, the Committee had noted the indication of the TISK that children who work on the streets are not registered and work under dangerous conditions without protection. The Committee had also noted the ITUC’s report that nearly 10,000 children were working on the streets of Istanbul and nearly 3,000 in Gaziantep. The ITUC had added that street children can be classified into two groups: the first is composed of children who go out onto the streets during the day to sell all kinds of items and return home in the evening, the second consists of children who live and work on the streets. The latter are engaged in garbage collection and sorting, and are often involved in drug abuse, street gangs and violence. The Committee had also noted that, according to a rapid assessment conducted by ILO/IPEC on street children working in Adana, Istanbul and Diyarbakir, street children who work are between the ages of 7 and 17 years, with an average age of 12 years.

The Committee had noted the implementation, in the context of the Time-Bound Policy and Programme Framework (TBPPF), of the December 2004 Programme for the Elimination of Child Labour in Street Trades in 11 provinces. The Committee had noted that the Programme directly targeted 6,700 boys and girls, 2,700 of whom were to be removed from the worst forms of child labour and 4,000 to be prevented from becoming engaged in work. It had also noted that an estimated 6,000 children would benefit indirectly from the Programme. The Committee had requested the Government to provide information on the impact of the Programme and the results achieved.

The Committee notes 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” (EWFCLT), a comprehensive child labour monitoring and reporting mechanism was established in 13 provinces which permitted the identification of 4,209 working children for the period covered. The Committee notes with interest that, of these 4,209 children, 1,699 were found working on the streets and were consequently withdrawn and provided with services. The Committee requests the Government to continue its efforts to ensure that young persons under 18 years of age who live and work on the streets are not engaged in work which, by its nature, is likely to harm their health, safety or morals, and to provide information on the results achieved. It also requests the Government to provide information on the impact of the ILO/IPEC Programme for the Elimination of Child Labour in Street Trades, especially in terms of the number of street children who were prevented or withdrawn from the worst forms of child labour and rehabilitated.

Article 8. International cooperation and assistance. In its previous comments, the Committee had noted that the issue of the worst forms of child labour was included in the short-term priorities of the Accession Partnership (2003–04), in which it was stated that efforts to address the problem would be continued. The Committee notes that the Accession Partnership has been revised in 2006, so as to allow it to evolve as Turkey progresses. It notes the Government’s statement that the European Union has been supporting the TBPPF in a way to enhance the institutional capacities to combat child labour, notably in the context of projects on children working on the streets, in dangerous work or in the agricultural sector. However, the Committee observes that the Government does not provide information on the cooperation or assistance measures adopted or envisaged with the European Union or with other countries to eliminate, in particular, the trafficking of children for the exploitation of their labour or for sexual exploitation. The Committee requests the Government to provide this information in its next report.

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

CMNT_TITLE

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.

CMNT_TITLE

In its previous comments, the Committee noted the communication of the International Confederation of Free Trade Unions (ICFTU), and that of the Turkish Confederation of Employer Associations (TISK) concerning certain allegations of the non-application of the Convention. The Committee notes the information provided by the Government in its report. It requests it to supply information on the following points.

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted the ICFTU’s indication that Turkey is a transit and destination country for trafficked children. These children originate from the following countries: Armenia, Azerbaijan, Georgia, Republic of Moldova, Romania, the Russian Federation, Ukraine and Uzbekistan. The ICFTU added that Turkey is a transit country, mainly for children from Central Asia, Africa, the Middle East and the former Yugoslav Republic of Macedonia, who are then sent to European countries. The ICFTU also indicated that trafficked children are forced into prostitution or debt bondage.

The Committee noted previously that section 201(b) of the former Criminal Code provided that: anyone who reduces a person to slavery or a similar condition with the object of benefiting from their work or domestic service (subsection 1) or who procures, kidnaps or transfers a person under 18 years of age from one place to another with a view to subjecting that person to constraint or subjecting her or him to one of the objectives set out in subsection 1, is guilty of an offence (subsection 3). Furthermore, the Committee noted that, in its concluding observations on the Government’s initial report in July 2001, the Committee on the Rights of the Child recommended the Government to continue undertaking measures to prevent and combat all forms of economic exploitation of children, including their commercial sexual exploitation (CRC/C/15/Add.152, paragraph 62). It therefore requested the Government to take the necessary measures without delay to ensure that young persons under 18 years of age are not trafficked to Turkey for sexual exploitation and it also requested the Government to provide information on the effective measures taken or envisaged to remove from prostitution children who are trafficked for sexual exploitation and to secure their rehabilitation and social integration.

The Committee notes the information provided by the Government in its report that the new Penal Code (Act No. 5237 of 26 September 2004) contains new provisions on, among other matters, the trafficking and the sexual exploitation of children, including the prostitution of children, as well as more severe penalties for these crimes. The Committee requests the Government to ensure that persons engaged in the trafficking of children for economic or sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed upon them. In this respect, the Committee requests the Government to provide information on the application of penalties in practice and to provide, among other information, reports on the number of convictions. Finally, it requests the Government to provide information on the effective measures adopted or envisaged to withdraw child victims of trafficking for sexual exploitation and to ensure their rehabilitation and social integration.

Clause (c). Use, procuring or offering of a child for illicit activities. Inciting or using a child for begging. The Committee noted previously the ICFTU’s indication that forced labour in Turkey also takes the form of forcing children to beg or to work on the streets. It noted that section 545 of the Penal Code prohibits the use of children "under 15" for begging and that article 18 of the Constitution prohibits forced labour. The Committee requested the Government to provide information on the measures adopted or envisaged to ensure that the national legislation prohibits the use, procuring or offering of young persons under 18 years of age for illicit activities, including begging. The Committee notes with satisfaction that section 229 of the new Penal Code prohibits the use of children for begging and establishes a penalty of from one to three years of imprisonment. The Committee requests the Government to provide information on the application of penalties in practice and to provide, among other information, reports on the number of convictions.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted the ICFTU’s indication that the Government has been working with ILO/IPEC, the social partners and non-governmental organizations since 1992 to eliminate child labour. However, the ICFTU stated that labour inspectors did not appear to supervise the agricultural sector or the urban informal economy, which are precisely those areas where most children work.

The Committee notes with interest the detailed information provided by the Government on the activities of labour inspectors. It notes in particular that the Labour Inspection Board has carried out a large number of inspections, both relating to occupational safety and health and administrative inspections. These inspections have been carried out in the agricultural, fishing and forestry sectors, as well as in the automobile repair, footwear and garment industries. The Committee also notes the Government’s indication that 770 families which insisted on making their children work in the streets, despite the interventions of the General Directorate of Social Services and Child Protection (SHÇEK), have been prosecuted. Of those, 130 families have been convicted. The Committee requests the Government to continue providing information on the activities of the labour inspectorate, including the number of workplaces inspected each year, the situations reported and the extent and nature of the violations relating to children working in conditions similar to the worst forms of child labour, particularly in the agricultural sector and the urban informal economy.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d).  Children at special risk. Children living or working in the streets. In its previous comments, the Committee noted the indication of the TISK that children who work in the streets are not registered and work under dangerous conditions without protection. These children are at risk of becoming homeless. The Committee also noted the ICFTU’s report that nearly 10,000 children are working in the streets in Istanbul and nearly 3,000 in Gaziantep. The ICFTU added that these children are mostly boys (approximately 90 per cent according to the rapid assessment conducted by ILO/IPEC on street children working in Adana, Istanbul and Diyarbakir, November 2001, page 36) and can be classified into two groups. The first is composed of children who go out onto the streets during the day to sell all kinds of items (including chewing gum and water); these children return home in the evening. The second consists of children who live and work in the streets. They are engaged in garbage collection and sorting, and are often involved in drug abuse, street gangs and violence. The ICFTU added that the Government has opened 28 centres to assist children who work in the streets. The Committee further noted that, according to the rapid assessment conducted by ILO/IPEC, street children who work are between the ages of 7 and 17 years, with an average age of 12 years. The assessment also showed that 17 per cent of these children have been to primary school, but that 55 per cent of them do not attend school. 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 in Turkey, pp. 48-51), the SHÇEK provides assistance to children in need and their families. The Committee encouraged the Government to continue its efforts to rehabilitate street children engaged in hazardous work.

The Committee notes the Government’s indication that over 41,000 children have been assisted by the SHÇEK centres for children and young persons. The children have benefited from the following services provided by these centres: 1,893 children have been returned to school; 6,902 children have been reintegrated into school through social assistance; 12,012 children have been returned to their families; 7,038 children have benefited from social assistance; 3,475 children dependent on psychotropic drugs have been referred to specialized treatment units. The Committee also notes that the Government is aware of the problem of children living and working in the streets. A circular issued by the Prime Minister of Turkey was published in the Official Gazette on 25 March 2005. The circular indicated that measures have to be taken to provide assistance to children working and living in the streets in the largest provinces of the country, as well as the problem of migration.

The Committee also notes the Government’s information that the Programme for the Elimination of Child Labour in Street Trades in 11 provinces (Adana, Ankara, Bursa, Çorum, Diyarbakir, Gaziantep, Istanbul, Izmir, Kocaeli and Şanliurfa), implemented in the context of the Time-Bound Policy and Programme Framework (TBPPF), commenced in December 2004. The objective of the Programme is to prevent children from being engaged in the worst forms of child labour, remove them from these forms of work and orient them towards education programmes. The Committee further notes that, according to the information available to the ILO, the Programme will directly benefit over 6,700 boys and girls. Of this number, 2,700 will be removed from the worst forms of child labour and 4,000 will be prevented from becoming engaged in work. Furthermore, of these 6,700 children, around 6,000 will be oriented towards a vocational training programme or reintegration into the school system. The 700 remaining children will be assisted by the various physical and psychological health centres. The Committee also notes that the estimated number of children who will benefit indirectly from the Programme is 6,000. The Committee considers that children living in the streets are particularly exposed to the worst forms of child labour. It requests the Government to continue its efforts to ensure that young persons under 18 years of age who live and work in the streets are not engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. Furthermore, the Committee requests the Government to provide information on the impact of the above Programme and the results achieved.

Article 8. International cooperation and assistance. In its previous comments, the Committee noted that the elimination of child labour is included in the Accession Partnership Agreement with the European Union (19 May 2003) and the National Programme for the Adoption of the Community Acquis (NPAA) adopted on 24 July 2003. It also noted that the issue of the worst forms of child labour is included in the short-term priorities of the Accession Partnership (2003-04), in which it is stated that efforts to address the problem shall be continued (Eradicating the worst forms of child labour in Turkey, European Union, March 2004, page 4). Noting the absence of information in this respect, the Committee once again requests the Government to provide information on the cooperation or assistance measures adopted or envisaged with the European Union or with other countries to eliminate the worst forms of child labour, in particular the trafficking of children for the exploitation of their labour or for sexual exploitation.

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

CMNT_TITLE

The Committee takes note of the Government’s first report, and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that, 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 in Turkey, page 47) the Government has adopted the Eighth Five-Year Development Plan (2000-05) whose objectives are directly and indirectly influencing child labour. Policies taken thereunder will include measures to: (i) increase family income; (ii) provide social welfare and security to families and reduce the costs of education for poor families; (iii) eliminate the causes forcing children to go to work or to become involved in crime and drug abuse; (iv) enhance the capacity of institutions providing services to children in terms of the number and skill levels of staff; and (v) harmonize national legislation with international Conventions.

Article 3. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Forced or compulsory labour. The Committee notes that, by virtue of article 18, paragraph 1, of the Turkish Constitution, forced labour and unpaid compulsory work are prohibited. The Committee also observes that section 201 (b)(1) of the Criminal Code as amended by Law No. 4771 of 3 August 2002 provides that "anyone with the aim of benefiting from people being put to work or being servants, contingent on them being slaves or similar or on their providing their bodily organs, their being endangered, pressurized, constrained or subject to violence, anyone who abuses their power, burns or benefits from people being experimented on or neglected" is guilty of an offence.

2. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 2 of the Law on Military Service No. 1111 of 1927, the minimum age for admission to compulsory military service is 21. Section 11 of the aforementioned Law also states that the minimum age for admission to voluntary military service is 18. The Committee also observes that section 179 of the Criminal Code provides that it is an offence to deprive a person of his/her liberty to deliver the victim to a foreign country to be used in military service.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, by virtue of section 420 of the Criminal Code, whoever, for the purpose of prostitution and in a way to violate public decency, suffers women to dance in public places as well as the woman who voluntarily dances in such a place, commits an offence. Section 435 of the Criminal Code provides that whoever entices and instigates a minor under 21 to prostitution and facilitates the ways thereof commits an offence.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 426 of the Criminal Code provides that it is an offence to: (i) exhibit obscene books, newspapers, or other documents, pictures, photographs, films; (ii) put on stage or show obscene documents or matters in theatres, cinemas or other public places; (iii) distribute or sell obscene items; and (iv) import, export, draw, manufacture, print, reproduce or record such items. According to section 11(c) of Law No. 2559 on the duties and authorities of the police, it is an offence to produce and sell films, records, videos and cassettes which are in contradiction with the general morality and manners. The Committee observes however that these legal provisions do not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances, constitutes one of the worst forms of child labour and is therefore prohibited for children under 18. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances is prohibited, and that effective penalties are provided.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, by virtue of section 403 of the Criminal Code, it is prohibited to use a minor under 18 years of age to manufacture, import, export, sell, purchase, or transport narcotic drugs or psychotropic substances.

Article 3, clause (d) and Article 4, paragraph 1. Hazardous work. The Committee notes that section 12 of Law No. 2259 on police duties and powers as amended by Law No. 4771 of 3 August 2002, states that no one under 21 years of age shall be employed in places of entertainment, gambling, drinking or of similar purposes and requiring a licence. The Committee also observes that, according to section 72 of Labour Law No. 4857 of 22 May 2003, it is prohibited to employ boys under 18 years of age and females of any age in underground or underwater work such as in mines, cabling, sewerage and tunnel construction. It is further prohibited to cause children under 18 years of age to perform night work in industrial works (section 73 of the Labour Law). The Committee also observes that Appendix 3 of Decree No. 25425 of 6 April 2004 taken pursuant to section 71 of the Labour Law of 2003, provides for a list of 19 types of work prohibited to persons under 18 years of age; reference is made therein to jobs which are prohibited by virtue of the Regulations on Heavy and Dangerous Work of 1973.

While noting that approximately 125 types of hazardous work are prohibited for children under 18 by virtue of Decree No. 25425 of 6 April 2004, read in conjunction with the Regulations on Heavy and Dangerous Work, the Committee observes that, by virtue of section 85 of the Labour Law and section 2 of the Regulations on Heavy and Dangerous Work, the general minimum age for admission to "heavy and dangerous" work is 16. It reminds the Government that according to Article 3(d) of the Convention, the Government shall take the necessary measures to ensure that no children under 18 years of age perform 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 therefore requests the Government to indicate the measures taken or envisaged to ensure that the minimum age for admission to work that is likely to harm the health, safety and morals of a child is 18 years of age.

2. Certain excluded categories of work. The Committee notes that, by virtue of section 4 of the Labour Law, the following activities or categories of workers are excluded from its scope of application: (i) sea and air transport enterprises; (ii) enterprises of 50 employees or less carrying out agricultural and forestry work; (iii) building work related to agriculture within the limits of family economy; and (iv) domestic services. However, section 4 of the Labour Law indicates that the following activities are subject to the provisions of the Labour Law: loading and unloading items from ships, work performed at ground facilities in aviation, and construction work in agricultural enterprises. The Committee also notes that, according to the Child Labour Survey of 1999 prepared by the State Institute of Statistics with the support of ILO (table 18), 57.6 per cent of child workers are found in agriculture. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, children under 18 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. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure the protection of children under 18 working in the activities listed above 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 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s indication that the organizations of employers and workers, as well as public organizations were consulted during the drafting of the national programme on preventing child labour. The Government also states that the surveys conducted by the Labour Inspectorate and other public organizations revealed that the following types of work constitute hazardous work: work performed by street children; heavy and dangerous work performed by children in small and medium undertakings (shoe-repairing and saddlery sector, car and body repair shop, furniture industries), as well as work performed in agriculture (excepting when carried out in a family farm). The Committee notes that a three-year programme of action was launched in 2001 to eliminate hazardous work in selected industries in Izmir, namely footwear, auto-repair and garment industries. The Committee asks the Government to provide information on any other measures taken or envisaged to address the situation of children working in the identified hazardous occupations.

Paragraph 3. Periodic examination and revision of the list of the types of hazardous work. The Committee notes that the Labour Law does not provide for the periodic review of the list of hazardous work. The Committee accordingly asks the Government to provide information on the periodic examination and review of the list of the types of hazardous work that shall not be performed by children under 18 years of age.

Article 5. Monitoring mechanisms. The Committee observes 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 asks the Government to provide information on the activities of the CLU and its impact on eliminating the worst forms of child labour.

The Committee also notes that, according to the ILO-IPEC report of 28 August 2003 (page 48), the Ministry of Interior has established the Department of Minor Protection (DMP) to protect working children from abuse and exploitation at the workplace. Moreover, it has established Child Police in all provinces to meet the special needs of minors. The Committee accordingly requests the Government to provide information on the concrete measures taken by the Department of Minor Protection and the Child Police and the impact of such measures on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes, with interest, that the Government signed a Memorandum of Understanding with ILO-IPEC in June 1992 which was extended first to 2001, and then to 2006. The Committee notes that since 1992, over 100 action programmes have been implemented in the country within the framework of the ILO-IPEC country programme. Up to now, IPEC projects carried out over the last ten years have reached 50,000 children, of whom 16 per cent were withdrawn from work and placed in schools. It also observes that the remaining 40 per cent of child workers have benefited from improved working conditions, health assistance and vocational training services. It further notes that about 25,000 families have received counselling services and assistance in the form of literacy and vocational training, income-generation activities and awareness raising on the hazards of child labour. The Committee asks the Government to continue to provide information on the measures taken within the framework of the ILO-IPEC country programme and their impact on securing the prohibition and elimination of the worst forms of child labour. It also observes that the Government has launched, with the support of the ILO-IPEC, several programmes to eliminate the worst forms of child labour. For instance, it observes that the programme "Rehabilitation and Prevention of Working Children in Yalova, Marmara Earthquake Region" (2000-03) resulted in the establishment of a centre for the rehabilitation of working children in Yalova. A similar programme was conducted in Gölcük and Adapazari which resulted in 53 street children withdrawn from work and placed in education; 15 children working in the street were withdrawn and enrolled into the vocational training system; and other children benefited from nutritional support or health-care services. The Committee also notes that the Government has undertaken, with the support of the UNICEF, a master plan of action which focuses heavily on child labour issues. The Committee asks the Government to continue to provide information on the measures taken to eliminate the worst forms of child labour and the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes that, by virtue of section 201(b), subsection (1) of the Criminal Code, a person, who with the aim of benefiting from people being put to work or being servants, contingent on them being slaves or similar or on their providing their bodily organs, their being endangered, pressurized, constrained or subject to violence, or anyone who abuses their power, burns or benefits from people being experimented on or neglected, is liable to five to ten years’ imprisonment and a fine of not less than 1 billion Turkish liras. Section 435 of the Criminal Code also provides that a person who entices or instigates a minor under 21 to prostitution or facilitates the ways thereof is liable to imprisonment for six months to two years and a fine of 50 to 200 Turkish liras; penalties will be increased to a minimum term of imprisonment of two years if the victim is under 15 and a fine of 100 to 500 Turkish liras. According to section 403 of the Criminal Code, a person who uses a minor under 18 years of age to manufacture, import, export, sell, purchase, or transport narcotic drugs or psychotropic substances is liable to four to 20 years’ imprisonment; the penalties will be increased by a sixth when the person used for the aforementioned acts is a minor. Section 104 of the Labour Law provides that a person who engages a person under 18 years of age in underground or underwater work, as prohibited under section 72, is liable to a fine of 500,000 Turkish liras. The same penalty will apply to a person who employs a child under 18 in night work, in breach of section 73 of the Labour Law, or in any work mentioned in the list of the types of hazardous work prescribed by Decree No. 25425 of 6 April 2004 taken pursuant to section 71 of the Labour Law. The Committee also notes that section 12 of Law No. 2259 on police duties and powers (as amended by Law No. 4771 of 3 August 2002) states that no one under 21 years of age shall be employed in places of entertainment, gambling, drinking or of similar purposes and requiring a licence. The Committee asks the Government to provide information on the applicable penalties for the violation of section 12 of Law No. 2259 on police duties and powers.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that in 2004 the Government has adopted, with the support of the ILO-IPEC, a National Time-Bound Policy and Programme Framework for the Elimination of Child Labour (hereinafter TBP). The basic target is the elimination of the worst forms of child labour within ten years.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Social support centres. The Committee notes the Government’s indication that the experts from the social support centres for working children offer the following services to working children: (i) education of the family members (including alphabetization, professional training, first aid training, and information on child rights as well as on hygiene and nutrition); (ii) collect information on the illiterate families; (iii) inform families on family planning methods; (iv) help families to obtain medical services; and (v) make sure that families benefit from welfare programmes. The Committee asks the Government to continue to provide information on the measures taken to prevent the engagement of children in the worst forms of child labour as well as on their impact.

2. Education. The Committee notes that article 42 of the Constitution provides that primary education is compulsory and free for all citizens. It also observes that following the adoption of Law No. 4306 on basic education in 1997, compulsory basic education was raised from five to eight years.

The Committee observes 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 was approximately 90 per cent in 2000. It also observes regional disparities in the access to education; thus eastern regions are marked by the lowest rates of enrolment in primary education (76.8 per cent eastern Anatolia and 83.9 per cent for south-east Anatolia) whereas the Marmara region has the highest enrolment rate at almost 100 per cent. The Committee further observes that, according to the Child Labour Survey of 1999, 52.1 per cent of children aged 6-17 years work 40 hours or more per week.

The Committee observes that a Basic Education Programme is being implemented with the support of the World Bank to expand and improve existing educational facilities to ensure that children aged 6-14 can attend school (ILO-IPEC report, Supporting the Time-Bound National Policy and Programme for the Elimination of the Worst Forms of Child Labour in Turkey, 28 August 2003, page 93). The first component of the programme is the "Social Aid Project in Support of Eight-Year Primary Education" which aims at providing school uniforms, textbooks and other educational materials free of charge to children from poor families. The second component is the "Regional Primary Education Boarding Schools (YIBO) and Primary Schools with pensions (PIO)" whose objective is to ensure access to primary education services in rural areas, villages and subvillage settlements that do not have schools, and for children from poor families. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the number of working hours performed by children enrolled in primary education does not prevent them from attending school and take advantage of it. It also asks the Government to provide information on the impact of the Basic Education Programme on improving attendance at school of children living in rural areas and of children of poor families.

Clause (b). 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 notes that the Ministry of Labour and Social Security launched, with the support of the 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 notes that, according to the ILO-IPEC report entitled "Overview of IPEC activities in Turkey" (pages 11-12), 3,479 children under the age of 15 were withdrawn from work and enrolled in primary school since the beginning of the programme in 2001. It also observes that 1000 children aged 15-18 were withdrawn from the worst forms of child labour and enrolled into the Apprenticeship Training Centres of the Ministry of Education. The Committee asks the Government to continue to provide information on the measures taken to remove children from the worst forms of child labour in the abovementioned sectors and the results achieved.

2. Children working in the metal sector. The Committee notes that a one-year programme of action was launched in 2001 by the Turkish Confederation of Employers Associations (TISK) with the support of ILO-IPEC to contribute to the progressive elimination of child labour in the metal sector in Istanbul through strengthening the capacity of the Child Labour Unit. The Committee observes that one of the objectives of the programme is to improve the working conditions of children aged 15 to 18 working in hazardous conditions in the metal sector. The Committee notes that, according to the ILO-IPEC report on the elimination of child labour in the metal sector in Pendik Industrial Site, courses on first aid, health and medical services were provided to more than 2,000 children aged 15 to 18. It also notes that 240 employers were trained to improve the working conditions of children and the quality of on-the-job training provided to child workers. The Committee asks the Government to indicate whether similar programmes were launched in other parts of the country or in other sectors of the economy likely to employ children under 18 in hazardous work.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee notes the Government’s indication that a protocol was signed between the Labour Inspectorate and the General Directorate for Primary Education to send child workers to school and resulted in 2,900 children sent back to school, out of whom 1,205 were under 15 years of age. In addition, the project allowed 1,012 children who were at risk of being engaged in child labour to have access to education. The Committee further notes that a vocational training programme will be established and existing programmes strengthened to enable children between the ages of 15 and 18 to escape from the cycle of poverty by developing their skills and enabling them to find more attractive employment alternatives. It also observes that vocational courses offered through the Ministry of Agriculture will be made more accessible to working and at-risk children in rural areas. The Committee requests the Government to provide information on the impact of the abovementioned measures to rehabilitate children previously engaged in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. 1. Industrial work. The Committee notes with interest that the Report on the implementation of labour inspection policy on child labour in Turkey prepared by the Labour Inspection Board in June 2000 (pages 79-94) identified risks faced by children working in the wood products sector (furniture, polyester and upholstery), leather sector, or footwear, leather garment sector, garment sector, hotel management and catering sector, metal sector (including hot/cold metal processing, auto repair and maintenance) and prepared action programmes to eliminate those risks. The Committee observes that, according to the labour inspections’ findings, child workers face the following problems: (i) working with/on dangerous equipments and procedures; (ii) high noise levels; (iii) long working hours; and (iv) absence of health insurance. The Committee also observes that measures were taken to withdraw children working in hazardous occupations in the footwear, auto-repair and garment sectors in Izmir. The Committee requests the Government to provide information on the measures taken to eliminate the worst forms of child labour in the types of work identified as hazardous by the Labour Inspection Board.

2. Agriculture. The Committee observes that children working in agricultural undertakings employing 50 persons or less do not benefit from the protection laid down in the Labour Law. It also observes that out of the 1,008,000 working children aged 6 to 14, 77 per cent are in agriculture (Report on the implementation of labour inspection policy on child labour in Turkey, the Ministry of Labour and Social Security, Labour Inspection Board, June 2000, page 2). Moreover, it notes that, according to the Labour Inspection Board, 87 per cent of working children are employed in small-size undertakings employing one to nine workers. The Committee notes that, according to the TBP report of May 2004 (pages 46-47), children who are engaged in seasonal agricultural work leave their village during specific seasons for five to seven months to engage in such activities as hoeing, haying, harvesting, etc. The report indicates that of all children working in agriculture, these children are the most affected by such factors as inadequate transportation, boarding/sheltering, nutrition, water and sanitation, health care and education. It further states that due to the fact that this type of employment is unregistered, there are no accurate figures for the number of individuals who fall into this category. The TBP further indicates that children working in seasonal commercial agriculture will be taken as a priority group for the elimination of child labour because they lack opportunity for education, work without protection and are very young. The Committee accordingly asks the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 working in the agricultural sector are protected from the worst forms of child labour.

Clause (e). The special situation of girls. The Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.152, 9 July 2001, paragraphs 55-56), expressed its concern at the high dropout rates among girls after the third grade (which corresponds to the age of 9), particularly in rural areas. It also notes that, according to 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. The Committee further observes that 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) indicates that special attention will be paid, within the TBP to the enrolment of girls into the primary education system in an effort to combat socio-cultural attitudes that give priority to the education of boys. As part of these efforts, intensive awareness raising and training of parents will be carried out to encourage the education of girls. The Committee asks the Government to provide information on the concrete measures taken or envisaged to improve the access to primary education for girls and reduce the dropout rates, and the results achieved.

Article 8. International cooperation and/or assistance. 1. International cooperation. The Committee observes that the Government ratified the Convention on the Rights of the Child in 1995, the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2002, and the Optional Protocol on the involvement of children in armed conflict in 2004.

2. Bilateral cooperation. The Committee notes the Government’s indication that it shared the lessons learned from the implementation of ILO-IPEC programmes with Albania, Romania and Yemen.

3. Elimination of poverty. The Committee notes that, according to the ILO-IPEC report entitled "Overview of IPEC activities in Turkey" (page 26), the Development Foundation of Turkey and the Confederation of Turkish Tradesmen and Handicrafts jointly initiated a programme to support income-generation activities for families of child workers through the ILO’s Start Your Business Programme. The programme targets 270 families, and assumes that one business created removes one to three children from hazardous work, by increasing family income and thus leading to the withdrawal of children from work. The programme benefited 405 children.

Furthermore, the Committee observes that the Government launched the southeastern Anatolia project (GAP) administration which is a multi-sectoral project implemented to increase the income levels in nine provinces in southeastern Anatolia, one of the least developed regions of the country. Noting that this project contributes to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to supply information on any notable impact of the project towards eliminating the worst forms of child labour.

Part V of the report form. The Committee observes that the State Institute of Statistics, which is the national statistical organization of Turkey implemented the Child Labour Survey in 1994 and 1999 and has undertaken, in collaboration with the Ministry of Labour and Social Security, the construction of a child labour database comprising regularly updated quantitative as well as qualitative data. It also notes that according to the report of the Ministry of Labour and Social Security on the implementation of labour inspection policy on child labour in Turkey of June 2000 (page 46), children experienced the following problems: 45 per cent of children working in the wood products sector were asked to carry heavy loads and 23 per cent were asked to use machinery; children working in the leather sector experienced problems with working hours (25 per cent) or carrying loads (13 per cent); 77 per cent of children working in the metal sector complained about the temperatures; and all children working in furniture workshops suffered from the effects of noise and vibrations and 66 per cent of them were working in a place with insufficient ventilation. According to the Labour Inspector’s report, children work in poor working environments without sufficient attention paid to health and safety and face serious risks. Thus, the report indicates that 24.9 per cent of child workers have no protection against health and safety risks which might occur at the workplace. The Committee asks the Government to continue to provide information on the worst forms of child labour, including information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

CMNT_TITLE

The Committee takes note of the Government’s first detailed report and of the communication of the International Confederation of Free Trade Unions (ICFTU) dated 15 December 2003. The Committee also takes note of the comments of the Turkish Confederation of Employer Associations (TISK) contained in a communication dated 3 July 2003. Finally, the Committee notes with interest that in 2004, the Government adopted, with the support of ILO/IPEC, a national Time-Bound Policy and Programme Framework (TBP) for the elimination of child labour. The basic target is the elimination of the worst forms of child labour within ten years. The Committee requests the Government to supply further information on the following points.

Article 3 of the Convention. Clause (a). 1. All forms of slavery or practices similar to slavery. The Committee notes that a new Criminal Code was adopted on 27 September 2004 and will enter into force in April 2005. The Committee requests the Government to provide information on any new provisions regarding the application of the Convention.

2. Sale and trafficking of children for commercial sexual exploitation. The Committee notes the ICFTU’s indications that Turkey is a transit and destination country for trafficked children. Trafficked children originate from Armenia, Azerbaijan, Georgia, Moldova, Romania, the Russian Federation, Ukraine and Uzbekistan. The ICFTU adds that Turkey is a transit country, mainly for children from Central Asia, Africa, the Middle East and The former Yugoslav Republic of Macedonia; these children are then sent to European countries. The ICFTU also states that trafficked children are forced into prostitution or debt bondage.

The Committee notes that section 201(b)(1) of the Criminal Code as amended by Law No. 4771 of 3 August 2002 provides that "anyone with the aim of benefiting from people being put to work or being servants, contingent on them being slaves or similar or on their providing their bodily organs, their being endangered, pressurized, constrained or subject to violence, anyone who abuses their power, burns or benefits from people being experimented on or neglected" is guilty of an offence. Section 201(b)(3) of the Criminal Code stipulates that, in cases where children who are not yet over 18 years are procured, kidnapped, taken from place to place or coerced or sheltered with the intentions laid out in subsection (1), the same penalties as laid down in subsection (1) shall apply to the perpetrator. It also notes that the Committee on the Rights of the Child, in its Concluding Observation (CRC/C/15/Add.152, 9 July 2001, paragraph 62), recommended to the Government to continue to undertake measures to prevent and combat all forms of economic exploitation of children, including commercial sexual exploitation. The Committee accordingly invites the Government to take, without delay, the necessary measures to ensure that children under 18 years of age are not trafficked to Turkey for sexual exploitation. It also requests the Government to provide information on effective measures taken or envisaged to remove children who are trafficked for sexual exploitation from prostitution and to provide for their rehabilitation and social integration.

Clause (c). The use, procuring or offering of a child for illicit activities. Causing or allowing a child to be used for begging. The Committee takes note of the ICFTU’s indication that forced labour occurs in the country in the form of forcing children to beg or to work on the streets. The Committee notes that section 545 of the Criminal Code prohibits the use of children "under 15" for begging. The Committee also notes that, by virtue of article 18 of the Constitution, forced labour is prohibited. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, including for begging, constitutes one of the worst forms of child labour and shall therefore be prohibited for children "under 18". The Committee requests the Government to provide information on the measures taken or envisaged in national legislation to prohibit the use, procuring or offering of children under 18 for illicit activities, including for begging.

Clause (d). Hazardous work. Street children. The Committee notes the indication of the TISK that children who work in the street are not registered and work in dangerous conditions without protection. It also points out that these children are likely to become homeless people. The Committee notes that, according to the ICFTU, 10,000 children are estimated to work in the streets of Istanbul and about 3,000 in Gaziantep. The ICFTU also indicates that street children are mostly boys (approximately 90 per cent according to the Rapid Assessment conducted by the ILO/IPEC on street working children in Adana, Istanbul and Diyarbakir, November 2001, page 36) and can be classified in two groups. The first group is composed of children who go out on the street during the day to sell all kinds of items (including chewing gum or water); these children return home in the evening. The other group of children includes those that live and work in the street. They are involved in garbage collection and separation, and are often involved in drug abuse, street gangs and violence. The ICFTU adds that the Government has opened 28 centres to assist children who are working in the streets.

The Committee observes that according to the Rapid Assessment conducted by ILO/IPEC (pages 7, 39 and 53), street children who work are aged 7-17, with a median age of 12. The study shows that 17 per cent of these children have completed primary education and that about 55 per cent do not attend school. With regard to street children scavenging in garbage, 72 per cent complained about fatigue, standing long hours, carrying heavy equipment, walking long hours and remaining outside in extreme weather.

The Committee notes that, 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 in Turkey, pages 48-51), the General Directorate of Social Services and Child Protection (SHÇEK) provides cash and in-kind assistance to children in need and their families. It has directorates in every province and operates rehabilitation centres for children in 21 provinces, through which it provides counselling, training and rehabilitation services to children who live and/or work on the streets as well as their families. The Committee notes, with interest, that ILO/IPEC supported five provincial programmes in Ankara, Diyarbakir, Kocaeli, Gölcük and Adapazari to tackle the problem of working street children, all of which have maintained sustainability since ILO/IPEC has been phased out. In the five years of ILO/IPEC assistance, 15,000 children were withdrawn from the streets. The Committee further observes that the Government launched a one-year education campaign to eliminate child labour in 2001. The programme covered Adana, Bursa, Diyarbakir, Edirne and Gaziantep, and resulted in the withdrawal of 1,710 children working in the street and their enrolment in schools. The Committee encourages the Government to continue its efforts to rehabilitate street children who are engaged in hazardous work. It also asks the Government to provide information on any new measures taken to protect street children from hazardous work and the results achieved.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. 1. Labour inspectorate. The Committee notes the ICFTU’s indication that the Government has been working with ILO/IPEC, the social partners and non-governmental organizations since 1992 to eliminate child labour. However, the ICFTU states that "labour inspectors are reported not to check on the agricultural sector or the informal urban economy, exactly those areas where most children are employed".

The Committee notes the Government’s indication that the Inspection Council of the Ministry of Labour and Social Security (ÇSGB) is responsible for supervising the implementation of the provisions giving effect to the Convention. The Committee also notes that, by virtue of section 91 of the Labour Law, labour inspectors are responsible for monitoring, controlling and inspecting the implementation of labour legislation. Labour inspectors are authorized to investigate workplaces, to examine relevant documents and materials, and question employers and workers (section 92 of the Labour Law). The Committee further notes that, according to section 97 of the Labour Law, the police forces are compelled to provide assistance to labour inspectors when required and requested. 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 (2004-06), page 57), the labour inspectorate consists of 607 inspectors. The report also indicates that 108 labour inspectors have been trained in communication skills, child psychology, interpersonal communication skills and the problem of child labour; thus they are able to approach the problem of child labour from within the broader context of labour policy issues in the country. The Committee requests the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour in the agricultural sector and in the informal urban economy.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee observes that the Government is party to a UNICEF programme (2001-05) which aims at reducing the number of street children, providing a safe environment for them and equipping them with the skills necessary to reintegrate into society. The project will achieve this through: (i) raising awareness of the problem among policy-makers and all public services concerned; (ii) building the capacity of public and civil sectors in order to ensure a common approach and to improve the ability of frontline workers; (iii) complementary involvement in other child and family support initiatives; and (iv) strengthening the referral system for children to find appropriate help and support services. The Committee requests the Government to provide information on the impact of the UNICEF programme on reducing the number of street children involved in the worst forms of child labour.

Article 7, paragraph 1. Penalties. 1. Trafficking. The Committee notes that, by virtue of section 201(b), subsection (1) of the Criminal Code, a person who, with the aim of benefiting from people being put to work or being servants, contingent on them being slaves or similar or on their providing their bodily organs, their being endangered, pressurized, constrained or subject to violence, or anyone who abuses their power, burns or benefits from people being experimented on or neglected is liable to five to ten years’ imprisonment and a fine of not less than 1 billion Turkish liras. The Committee also observes that, by virtue of section 201(b), subsection (3) of the Criminal Code, the same penalties shall apply in cases where children who are not yet over 18 years are procured, kidnapped, taken from place to place or coerced or sheltered for the purposes laid down in subsection (1). The Committee asks the Government to provide information on the penalties imposed in practice.

2. Causing or allowing a child to be used for begging. The Committee notes that, by virtue of section 545 of the Criminal Code, the use of children under 15 years of age for begging is punishable by three months’ imprisonment and a fine of not less than 100 Turkish liras. The Committee requests the Government to provide information on the practical application of the abovementioned provision.

Article 8. International cooperation or assistance. The Committee notes that Turkey is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee also notes that the elimination of child labour is included both in the Accession Partnership to the European Union of 19 May 2003 and the National programme for the Adoption of the Acquis (NPAA) adopted on 24 July 2003. Protection of children is defined as one of the main priorities in the NPAA’s social policy and employment framework. The issue of the worst forms of child labour is also included in the short-term priorities of the Accession Partnership (2003-04) where it is stated that efforts to tackle the problem of the worst forms of child labour will be continued (Eradicating the worst forms of child labour in Turkey, European Union, March 2004, page 4). The Committee requests the Government to provide information on the measures of cooperation or assistance taken or envisaged with the European Union, or with other countries to eliminate the worst forms of child labour, in particular the trafficking of children for labour or sexual exploitation.

Part III of the report form. The Committee notes with interest the Government’s indication that, in accordance with criminal law, 5,005 families that compelled their children to work in the street were brought to court. The Committee asks the Government to provide information on the penalties imposed and to continue to provide information on any court’s decisions related to the implementation of the provisions giving effect to the Convention.

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