Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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.