US embassy cable - 05ANKARA5107

UNCLAS SECTION 01 OF 02 ANKARA 005107 
 
SIPDIS 
 
DEPT PLS PASS GENERALIZED SYSTEM OF PREFERENCES COLLECTIVE 
 
PASS TO THE DEPARTMENT OF LABOR, DOL/ILAB FOR TINA MCCARTER 
AND DRL/IL FOR LAUREN HOLT 
 
E.O. 12958: N/A 
TAGS: ELAB, EIND, ETRD, PHUM, SOCI, USAID 
SUBJECT: TURKEY:  UPDATE OF WORST FORMS OF CHILD LABOR 
INFORMATION FOR MANDATORY REPORTING REQUIREMENTS 
 
REF: STATE 143552 
 
1.  Turkey has made a commitment to eliminate child labor as 
it pursues its EU membership bid.  The GOT's short-term goal 
is to limit and improve the conditions under which children 
work.  The GOT's long-term goal is to increase access to 
basic and vocational education as a means of improving the 
future prospects of working children and withdrawing them 
from employment while they are children. 
 
2.  Post is pleased to provide responses to questions posted 
in the Department of Labor's "Request for Update of Worst 
Forms of Child Labor Information for Mandatory Reporting 
Requirements," reftel, paragraph 7, sections A through E. 
 
A.  Whether Turkey has adequate laws and regulations 
proscribing the worst forms of child labor: 
 
--Besides implementing provisions stipulated in the Turkish 
Constitution, Labor Law No. 4857, the General Health Care Act 
No. 1593, the Code of Obligation, the Apprenticeship and 
Vocational Training Act No. 3308, the GOT signed an MOU to 
eliminate child labor under the International Program on the 
Elimination of Child Labor (IPEC).  The initial commitment 
was renewed through September 2006.  Turkey also ratified the 
main ILO conventions 138 and 182 pertaining to child labor. 
In line with Convention 182, the GOT initiated a policy to 
eradicate the worst forms of child labor:  Time-Bound Policy 
and Program Framework for the Elimination of the Worst Forms 
of Child Labor (WFCL) in Turkey. 
 
B.  Regulations for implementation and enforcement of 
proscriptions against the worst forms of child labor: 
 
--The above-mentioned laws contain implementation provisions 
which also mention public agencies in charge of 
implementation and monitoring.  There is also an Emergency 
Action Plan and the 8th 5-year Development Plan.  In early 
2005, the Prime Ministry issued a circular to all public 
offices, instructing how to guide children working in the 
streets to education.  The circular was assigned to five 
ministries, and the ministries have begun work designed to 
totally eliminate the worst forms of child labor within 10 to 
15 years. 
 
--The Labor and Social Security Ministry, Child Labor 
Department, has been tasked with implementing the provisions 
in support of elimination of the WFCL.  The Labor Ministry's 
Labor Inspectors Board monitors the implementation of the 
Labor Law.  The Labor Inspectors Board's duty is defined by 
ILO Convention 81.  The GOT allocates resources to 
investigate child labor cases across the country. 
Approximately 100 of the 700 field inspectors have been 
trained to handle child labor issues, while the total number 
of establishments falling within the jurisdiction of the 
Ministry of Labor is almost four million.  The Ministry of 
Labor's records do not categorize child labor-related 
inspections specifically. 
 
--The GOT has been conducting awareness-raising and training 
activities for officials in charge of enforcing child labor 
laws.  There were Time-Bound meetings in Izmir, Kizilcahamam 
and Abant in September, November-December 2004 and April-May 
2005. 
 
C.  Whether there are social programs to prevent and withdraw 
children from the worst forms of child labor. 
 
--The GOT has been working with the EU (extensively with the 
German Labor Ministry), unions, other NGO's, all employers 
and workers' groups and universities to prevent children from 
entering exploitive work situations.  The GOT has developed a 
minimum of 105 projects since 1992.  The GOT has allocated 
USD 15 million for such projects for 2005 through 2007.  The 
U.S. Department of labor has provided six million USD of this 
amount in grant form for a project working to eliminate child 
labor in agriculture through education from 2004-2008. 
 
--Under the Law on Social Services and Child Protection 
Institution, No. 2828, children who are subject to the WFCL 
are placed under the protection of the state.  Care and 
rehabilitation services are provided (including dormitories) 
to those children at 30 centers around the country. 
 
--The GOT provides support to international and national 
projects promoting children's access to primary schooling and 
to enhance the quality and relevance of schooling.  EU and 
World Bank projects are underway, as well as national 
campaigns, including "Come On Girls, To School!" and "Child 
Friendly Education Project." 
 
--The National Basic Education Law adopted in 1997 mandates 
compulsory education through the eighth grade.  This rule has 
had a substantial positive impact toward eliminating child 
labor.  The GOT is committed to ensuring full implementation 
of the Basic Education Law, and the Ministry of Education is 
making strong efforts in this direction.  Provincial 
governors are authorized to monitor student attendance 
through local offices and violators of the legislation are 
subject to prosecution under the judicial system. 
 
D.  Does the country have a comprehensive policy aimed at the 
elimination of the worst forms of child labor? 
 
--In 2002 the GOT prepared a comprehensive national program 
called Time-Bound Policies and Program for the Elimination of 
WFCL.  The GOT has been making public statements and 
commitments to eradicate WFCL. 
 
--The GOT increased the level of resource allocation to the 
Child Labor Unit of the Ministry of Labor and Social 
Services.  Staff levels have increased from three to 12 in 
2005.  Depending on the projects initiated, this number could 
rise further. 
 
E.  Is the country making continual progress toward 
eliminating the worst forms of child labor? 
 
--The only official figures are polls conducted by the State 
Statistics Institute in 1994 and 1999.  Those polls show that 
there was a regular decrease in the number of working 
children every year.  The biggest reason for the decline in 
the figures is the implementation in 1997 of compulsory 
8-year education.  Labor Ministry officials believe that 
8-year mandatory education reduced the child labor figures by 
half.  Detailed and up-to-date information is necessary to 
close the knowledge gap as to the nature, magnitude, 
consequences and emerging trends in the WFCL.  The Child 
Labor Unit has been expressing this need. 
 
--Labor Ministry officials noted that work conducted across 
the country, the increase in press coverage of the issue, and 
the emphasis on eliminating child labor by public 
institutions are clear examples of constant improvement in 
the country. 
MCELDOWNEY