Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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.