Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Türkiye (Ratification: 2001)

Autre commentaire sur C182

Observation

Demande directe

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TİSK) communicated with the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced begging. The Committee previously noted that the Circular “Prevention of Activities Disrupting Public Order” of 2014 provided for a judicial process applied to individuals who used children for begging in accordance with section 229 of the Penal Code. It requested the Government to provide information on the legal action taken against those responsible for making children work on the street, including the number of prosecutions, convictions and penalties imposed in this regard.

The Government indicates in its report that in 2016, 574 cases of children used for begging were identified and 27 persons were convicted. In 2017, 245 cases were identified in this respect and 66 persons were convicted. In 2018, 373 cases were identified and 81 persons were convicted. The Government further indicates in its supplementary information that from January to June 2019, 217 cases of children used for begging were identified and 30 persons were convicted. The Committee requests the Government to provide information on the specific penalties imposed in cases of children forced to beg, as well as the number of investigations and prosecutions carried out in this regard. It also requests the Government to continue to provide information on the number of cases of forced begging identified and the number of convictions handed down.

Clause(b). Use, procuring or offering of a child for prostitution. The Committee notes the Government’s indication, in its report under the Forced Labour Convention, 1930 (No. 29), that in 2017, 148 persons were convicted under section 227(1) of the Penal Code, which prohibits encouraging, facilitating or mediating a child to engage in prostitution, and 136 persons were acquitted; in 2018, 164 persons were convicted under the same section and 137 were acquitted; and in 2019, 140 persons were convicted and 138 persons were acquitted. The Government adds that in the first half of 2020, 57 persons were convicted under the same section and 41 were acquitted. While taking due note of the Government’s information regarding the number of convictions and acquittals of persons under section 227(1) of the Penal Code, the Committee requests the Government to provide information on the penalties that were imposed in this regard. It also requests the Government to continue to provide information on the number of prosecutions and convictions in cases of encouragement, facilitation or mediation of a child into prostitution, as well as on the number of investigations carried out.

Article 7(2). Effective and time-bound measures. Clauses (a) and (d). Preventing the engagement of children in the worst forms of child labour and children at special risk. Syrian refugee children. The Committee previously noted that according to UNICEF, Turkey hosted the largest number of child refugees worldwide, among which over 40 per cent (380,000) were Syrian refugee children missing out on education. It expressed its concern at the large number of Syrian refugee children deprived of education and urged the Government to take the necessary measures to facilitate access to free, quality basic education to these children.

The Government indicates that education services are provided free of charge to the Syrian children residing in the country. The Minister of National Education issued a Circular no. 2014/21 on “Education Services for Foreign Nationals” in order to remove the obstacles related to access to formal education in Turkey. The Government indicates that, according to the data from the General Directorate of Migration Management of June 2020, there were 1,082,172 Syrian school-age children (5-17 years) in Turkey. In addition, 648,919 children (63.29 per cent of the Syrian school-age children) were enrolled in school. Of these children, 337,996 were enrolled in primary school (88.30 per cent), and 226,855 were enrolled in secondary school (75.49 per cent). The Committee further notes the Government’s supplementary information according to which the “Quality Education and Livelihood Support for the Syrians in Turkey within the scope of Temporary Protection Project (CONCERN)”, which started in December 2017 and is planned to continue until September 2020, aims to identify children aged 6-18 years under temporary protection who are out of formal education and to include them in formal education, following the learning of the Turkish language. The children included in the project are also protected against child labour and its worst forms.

The Committee notes the statement in the communication of TISK that the results of research conducted in various regions of Turkey have shown that almost half of Syrian migrant families do not send their children to school out of economic necessity. TISK further indicates that commissions have been set up in the provinces to census Syrian children and identify their needs. As part of this work, leaflets were sent to 81 Provincial Governor’s Offices for dissemination to Syrian families to raise awareness of the problem of child labour and inform them of the services available to Syrian children, including social, psychological, legal and economic counselling and guidance. In addition, a programme entitled “Social Harmonisation Assistance Programme for Foreigners” has been developed by the Ministry of Family, Labour and Social Services, in collaboration with international organisations, to assist Syrians under temporary protection in the country and includes the prevention of child labour.

The Committee also notes that, according to the Global Education Monitoring Report 2020, Turkey extended its conditional cash transfer programme, which has helped improve the secondary enrolment rate among children aged 14 to 17 years, in May 2017, to reach Syrian and other refugee children (page 105). Welcoming the efforts taken by the Government, the Committee encourages it to continue to take measures to ensure access to free basic education for all Syrian refugee children, and to provide information in this regard. The Committee also requests the Government to pursue its efforts to prevent Syrian refugee children from engaging in the worst forms of child labour, and to provide information on the measures that have been taken and the results achieved in this regard.

Clause (d). Children at special risk. Children living or working on the streets. The Committee previously took note of various measures for children living or working on the streets, including: the establishment of social service centres in all provinces to provide protective and preventive assistance for children working on the streets or under risk; mobile teams on the street; economic and social support services for families of children employed on the streets; and measures to ensure the reintegration of children into the education system. The Committee requested the Government to continue its efforts to protect children who live and work on the streets from the worst forms of child labour.

The Government indicates that mobile teams established to identify children living or working on the streets conduct various activities, including: (i) investigating the causes of children living or working on the streets; (ii) referring the child and his/her family to appropriate social services; (iii) bringing out-of-school children into the education system; (iv) removing children from the street and enabling them to reintegrate socially; and (v) providing psychosocial support and awareness-raising activities to the children’s families. The Government indicates that 11,760 children working on the streets were referred to appropriate social services by 130 mobile teams. It states that the hotlines “Alo 183 Social Support Line” and “156 Gendarmerie Emergency Line” receive reports of children working or living on the streets; children are then rapidly referred to the appropriate services. Recalling that children living or working on the streets are particularly exposed to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to remove children from the streets and to ensure their rehabilitation and social integration. It also encourages the Government to take the necessary measures to prevent children living on the streets to engage in the worst forms of child labour, and requests it to provide information in this regard.