Observación (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

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.