Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

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.