CHILD LABOR INFORMATION UPDATE

UNCLAS SECTION 01 OF 03 ANKARA 005326 SIPDIS A) DRL/IL PLEASE PASS TO MARINDA HARPOLE, B) DOL/ILAB PLEASE PASS TO TINA FAULKNER E.O. 12958: N/A TAGS: PGOV ELAB EIND ETRD PHUM SOCI EAID TU SUBJECT: CHILD LABOR INFORMATION UPDATE REF: A. A) STATE 193266 ¶B. B) 2002 ANKARA 7468 Classified by Political Counselor John Kunstadter for reasons 1.5 (b) and (d). ¶1. (U) Summary: Turkey's new labor law, drafted to conform with European Union law, became effective June 10, 2003. It prohibits all employment of children under the age of fifteen; fifteen-year olds who have completed their primary education may be employed in "light positions." Fifteen-year olds who have completed their basic education and do not attend school may work up to seven hours a day and no more than thirty-five hours a week. Sixteen-year olds may work up to eight hours a day and forty hours a week. Men under the age of eighteen and women of any age are not permitted to work in underground or underwater occupations. Those under eighteen may not perform industrial work at night. Those under the age of sixteen may not work in heavy and dangerous occupations. It remains to be seen how effectively the authorities will implement the law. End summary. ¶2. (U) Post is pleased to provide responses to questions posed in the Department of Labor's "Request for Update of Child Labor Information," reftel A, paragraph 8, sections A through F. ¶A. Whether the country has adequate laws and regulations proscribing the worst forms of child labor: -- The Constitution and other relevant laws, in conformance with ILO Convention Number 182 (ratified by Turkey in August 2001),prohibit the worst forms of child labor. The new labor law, adopted by the Turkish parliament and published in Turkey's "Official Gazette" on June 10, 2003, stipulates: -- Children under the age of fifteen cannot be employed. However, an exception permits fourteen-year olds to perform light work as long as they continue their education. Fifteen-year olds who have completed their primary education may work in light jobs (as defined by the ILO). Under the new law the Ministry of Labor and Social Security (MLSS) is charged with developing a list of prohibited occupations within six months. Fifteen-year olds who have completed their basic education but do not attend school may work up to seven hours a day or thirty-five hours a week; sixteen-year olds may work eight hours a day and forty hours a week. An exception permits those under fifteen to work in provinces where agriculture is the primary economic activity. In these cases, the provincial governor determines the minimum work age. (Note: The European Union has communicated its concern over this exception and, consequently, the MLSS is reviewing the issue. End note.) -- Men under the age of eighteen and women of any age may not work in underground or underwater occupations. -- Those under the age of eighteen may not perform industrial work at night. -- Those under the age of seventeen may not engage in heavy and dangerous work. -- Workers employed in heavy and dangerous positions under the age of eighteen must have a pre-employment physical examination, as well as follow-up examinations every six months. -- Workers between fifteen years of age and eighteen years of age (including eighteen year olds) must undergo pre-employment physical examinations as well as follow-up examinations every six months until they are eighteen. -- Law Number 4771, effective August 9, 2002, prohibits the forced or slavelike employment of minors. Violators are subject to penalties of five to ten years imprisonment and a fine of not less than one billion Turkish lira. -- The Penal Code and the Law on the Authorities and Duties of the Police prohibit the sexual exploitation and sexual harassment of minors. The Turkish Penal Code mandates a prison sentence of at least two years for anyone who encourages prostitution by minors younger than 15 years old or who serves as a middle man to promote such activities. ¶B. Whether the country has adequate laws and regulations for the implementation and enforcement of proscriptions against the worst forms of child labor: -- Turkish law requires the MLSS to monitor compliance with the Labor Law, Approximately 100 out of 700 MLSS inspectors are trained to review the nearly four million establishments under the ministry's jurisdiction to assure compliance with child labor regulations. Judicial and law enforcement officials monitor the Penal Code and implement penalties. Non-GOT contacts comment that Turkish laws are well-written, but despite the authorities' good intentions, problems exist with enforcement. ¶C. Whether the country has established formal institutional mechanisms to investigate and address complaints relating to the worst forms of child labor: -- In addition to compliance reports from inspectors, the MLSS is authorized to investigate individual complaints. ¶D. Whether social programs have been implemented to prevent the engagement of children in the worst forms of child labor, and to assist in removing children engaged in the worst forms of child labor: -- As mentioned in reftel B (fax copy sent to DOL on 08/15/2003),the GOT is seriously committed to eliminating child labor. Children who have endured the worst forms of child labor are considered to need special protection. This population currently includes approximately 20,000 children, who are supposed to be provided with care and rehabilitation services at one of the 30 centers located throughout the country. ¶E. Whether the country has a comprehensive policy aimed at the elimination of the worst forms of child labor: -- The MLSS's Child Labor Department has developed a national program for the elimination of the worst forms of child labor. A copy of this national program is being forwarded to Washington DOS and DOL recipients by e-mail and by the ILO Ankara office. ¶F. Whether the country is making continual progress toward eliminating the worst forms of child labor: -- Figures from the Prime Ministry's State Statistics Institute (SSI) showed a long-term trend toward annual decreases in the number of working children until the 2002-2003 economic period. Recent reports indicate 469,000 children between the ages of 12 and 14 worked in 2000 as compared to 472,000 children in 1999. ¶3. (U) Current information to update the section about Turkey in the 2002 Child Labor Report: -- The SSI estimates there were 694,000 child laborers between the ages of twelve and seventeen in the January to March 2002 time period, in comparison with 732,000 child laborers in January to March 2003. In the April to June 2002 time period, there were 1,026,000 child laborers between the ages of twelve and seventeen, in comparison to 773,000 child laborers in April to June 2002. It should be noted that Turkey endured a severe economic downturn during the April to June 2002 and January to March 2003 time periods. The figure in the April to June 2003 period suggests Turkey's overall economic conditions are improving. Direct year-to-year comparisons between 2001 and 2002 child labor statistics cannot be provided because the SSI changed its reporting criteria to match the current ILO reporting format and no longer maintains records in the previously reported twelve-to-fourteen year old age group. ¶4. (U) Comment: The Turkish authorities' intentions to improve the situation are reflected in the new law. Implementation and enforcement remain key. End comment. EDELMAN