This record is a partial extract of the original cable. The full text of the original cable is not available.

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