Solicitud directa (CEACR) - Adopción: 2014, Publicación: 104ª reunión CIT (2015)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Türkiye (Ratificación : 2001)

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Observación

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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. In its previous comments, the Committee noted that, according to the indications of the International Trade Union Confederation (ITUC), Turkey is a country of transit and destination for trafficked children, who are forced into prostitution and debt bondage. The Committee noted the information from the Office of the Attorney-General that in 2010 there was between 50–90 child victims of trafficking. Sixteen persons responsible for trafficking involving victims under 18 years of age were found guilty and convicted in 2009, and five in 2010. The Committee notes the Government’s statement in its report that between 1 June 2011 and 31 January 2013, 97 foreign nationals were identified as victims of human trafficking, but that none of the recorded victims were children. The Government also indicates that it is taking measures to combat trafficking within the framework of the Second National Action Plan to Combat Trafficking. The Committee requests the Government to pursue its efforts to ensure that those responsible for the trafficking of children under 18 years of age, as well as complicit law enforcement officers, are prosecuted and that sufficiently effective and dissuasive sanctions are applied in practice.

Articles 3(d) and 4(1). Hazardous work and excluded categories of work. In its previous comments, the Committee noted that Decree No. 25425 of April 2004 on the fundamentals and principles of the employment of children and young workers contains a list of hazardous types of work prohibited for persons under 18 years of age. It also noted that, under the terms of section 4 of the Labour Act, several categories of workers are excluded from its scope of application including workers in businesses with fewer than 50 employees or carrying out agricultural and forestry work, building work in relation to agriculture within the limits of the family economy and domestic service.

The Committee notes the adoption of the Occupational Health and Safety Law, and notes the Government’s statement that this Law applies to all workers, including those excluded from the Labour Code. It notes that section 10 of the Law specifies that, when conducting a risk assessment of a place of work, the situation of young workers shall be considered. The Committee also notes the Government’s statement that Decree No. 25425 was amended in 2013 by Decree No. 28566. The annexes of Decree No. 28566 specify the occupations in which children are allowed to be employed. The Government indicates that it is not permitted to employ young persons in work other than the types of work listed, including ten types of light work, 27 types of work permitted for young persons between the ages of 15–18, and an additional 11 types of work permitted for children between the ages of 16–18. The Committee requests the Government to provide information on the application in practice of Decree No. 25425, as amended by Decree No. 28566, with regard to protecting children under 18 from engagement in hazardous work. The Committee also requests the Government to indicate whether Decree No. 25425, as amended, applies to those sectors excluded from the scope of application of the Labour Code.

Article 7(2). Effective and time-bound measures. Clause (b). Necessary and appropriate 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 and other industrial sectors. The Committee previously noted the results of a survey on the worst forms of child labour indicating that children continued to be engaged in work in the furniture industry in some provinces. However, it noted the Government’s indication that it had undertaken a number of inspections in the furniture industry, and that as a result, hazardous and arduous types of work were no longer performed by children and young workers in this sector.

The Committee notes the statement in the communication from the Confederation of Turkish Trade Unions (TÜRK-İŞ) that the worst forms of child labour continue to exist in the furniture sector in practice. The Committee notes that the annexes of Decree No. 25425, as amended by Decree No. 28566, specifying the only permissible types of work for children under 18, do not contain any work in furniture making or the furniture industry. The Committee, therefore, observes that the Decree appears to prohibit the engagement of children under 18 in work in this sector. It, accordingly, requests the Government to provide information on the measures taken to enforce this prohibition in practice, including information on any specialized inspections undertaken in the furniture sector. Taking into account the results of the survey indicating that children continued to engage in hazardous work in this sector, it also requests the Government to supply information on measures taken to provide services for the rehabilitation and social reintegration for children removed from hazardous work in this sector.