Report in which the committee requests to be kept informed of development - REPORT_NO295, November 1994

1. 316. In a communication dated 20 July 1993, the Public Workers' Union, Educational Branch (EGITIM-IS) presented a complaint against the Government of Turkey for violations of freedom of association. The complainant organization sent further information in a communication of 2 August 1993.
2. 317. The Government presented its observations in communications dated 20 December 1993 and 28 June 1994.
3. 318. Turkey has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), the Right to Organize and Collective Bargaining Convention, 1949 (No. 98) and the Labour Relations (Public Service) Convention, 1978 (No. 151).

A. The complainant's allegations

1. 319. The Public Workers' Union, Educational Branch (EGITIM-IS) alleges in its communication of 20 July 1993 the following violations of trade union rights:
   • - the president of the EGITIM-IS office in Denizli (Mr. Hüseyin Mercan) was penalized with suspension of promotion for a period of three years because of his trade union activities and his criticism of certain decisions made by the director of the board of education in the town; for the same reasons he was transferred from Denizli to a sub-prefecture;
   • - the local offices of EGITIM-IS in Denizli and Corum were denied authorization to publish official magazines;
   • - the president of the EGITIM-IS office in Diyarbakir was subjected to an administrative interrogation for having made a statement to a local newspaper;
   • - at the prefecture's request, the State Prosecutor of the Republic in Elazig appealed to a tribunal to suspend the activities of the trade union section in Elazig and to have it closed down;
   • - the local office of the EGITIM-IS in Kütahya was not authorized to publish a bulletin, and the prefecture informed the office that if it published the bulletin a complaint would be lodged with the State Prosecutor of the Republic against the President of the office ;
   • - the Erzurum prefecture did not authorize the local office to organize a public discussion on "education and the problems of education workers";
   • - the sub-prefecture of Kesan (Edirne) did not authorize the local office to organize a meal to commemorate the third anniversary of EGITIM-IS, and warned that a complaint would be lodged against the President of the office with the State Prosecutor of the Republic if the meal was organized; the prefecture of Edirne held an administrative interrogation of the members of the Executive Committee of the union;
   • - administrative or police authorities denied permission to open trade union branches in Burhaniye/Balikesir (14 January 1993), Elazig (29 January 1993), Cayama/Zonguldak (9 February 1993), Fatih/Istanbul (18 February 1993), Tekirdag (28 February 1992), Hayrabolu/Tekirdag (7 April 1993), Kusadasi (9 April 1993), Balcova (13 April 1993) and Edremit/Balikesir (5 May 1993);
   • - the Prefect of Elazig sent a communication of 12 April 1993 stating that it would not be possible to convert the existing representation into a local union branch or to conduct trade union activities;
   • - on the eve of the second regular congress of EGITIM-IS, prefects and sub-prefects denied authorization for general congresses to approximately 80 local offices, stating that public servants and teaching staff did not have the right to form trade unions; the complainant organization documents the cases of the following local offices: Emirdag, Sultandag, Gumushaciköy, Kusura, Hayrabolu, Bayramic, Buca, Ceyhan, Mus, Kaycuma, Diyarbakir, Kesan, Ankara (Yeni Mahalle), Istanbul, Ankara (Cankaya), Hatay, Aksehir, Samsun, Diyarbakir, Erzurum and Afyon.
2. 320. The complainant organization adds that despite a certain improvement which has taken place, especially since the coalition Government came to power, it has continued to encounter administrative obstacles, as have all trade unions of public servants. Although the provisional Prime Minister made it known in June 1993 through a circular that the public authorities were being asked not to hinder the activities of trade unions of public servants, the latter cannot enjoy the rights guaranteed under ILO Conventions Nos. 87, 98 and 151. This hostile attitude on the part of the authorities will continue as long as no law on public servants' trade unions has been adopted.
3. 321. In its communication of 2 August 1993, the complainant organization alleges that on 27 July 1993 the authorities closed the EGITIM-IS local office in Van and that it was not possible to appeal against this decision to a tribunal. Furthermore, the former Minister of Education initiated legal proceedings to penalize Dr. Altunya, the President of EGITIM-IS, and to obtain compensation on the pretext that he had insulted him in a letter which referred to the Financial Department of Primary School Teachers. Dr. Altunya never insulted the Minister; he merely wished to bring to light irregularities committed by members of the administrative body of this Department - irregularities which had been proven by official inspectors - and the Minister protected those members instead of dismissing them.

B. The Government's reply

1. 322. In its communication of 20 December 1993, the Government states that in February 1993 it had begun legislative work to guarantee freedom of association for public employees. The Bill is now nearly finished and is open for discussion by the social partners. While the legislative work is currently in this phase, public employees have already begun to enjoy freedom of association in the country. The Prime Minister's circular of 16 June 1993 (No. 1993/15) eliminated the doubts that certain administrative authorities had in this respect. This circular clearly sets out that:
   • - no hindrances shall be made to requests and initiatives of public employees to form and join trade unions or to participate in their activities;
   • - trade unions shall not be prohibited from holding general meetings, producing publications on their activities, holding meetings of various types or organizing cultural and artistic activities;
   • - no disciplinary penalties shall be imposed on trade union leaders and members because of their union activities;
   • - the establishment of trade unions and their activities shall not be subject to interference by the police.
2. 323. The Government stipulates that the allegations of EGITIM-IS refer to the period prior to the issuance of this circular.
3. 324. In its communication of 28 June 1994, the Government provides the following information:
   • - the Regional Administrative Court on 6 October 1993 overturned the decision of the Governor of Eskisehir, which denied authorization for the Eskisehir branch of EGITIM-IS to conduct trade union activities;
   • - the legal proceedings undertaken against the Kutahya branch for violating the Act on Public Meetings and Processions have been withdrawn; the court of second instance prohibited the publication of the branch's bulletin on 11 December 1992;
   • - the Burhaniye branch and the Edremit liaison office have been functioning without any hindrance;
   • - the Regional Administrative Court of the province of Zonguldak overturned the District Governors' decision to close the Caycuma liaison office;
   • - the decision of the Governor of Van to close the EGITIM-IS branch in the province of Van was overturned by the Regional Administrative Court on 11 February 1994, but the Governor appealed against this decision;
   • - the Public Prosecutor of the Province of Elazig initiated legal proceedings for the closure of the trade union branch in that province;
   • - the request of the Public Prosecutor to close the Fatih branch was denied;
   • - the charges brought against Messrs. Ismail Erten and Bedri Arik, the trade union leaders of the Balikesir branch, have been dropped;
   • - as regards the case of Sefer Celik, Ahmet Ozkan, Mazaffer Savas Erdem, Dilaver Omer, Samet Ekinci, Haluk Cemal Atli and Atilla Ozdemir, the founding members of the Tekirdag branch, for violating Act No. 2911, the defendants have been acquitted and the charges against the branch have been dropped;
   • - the Public Prosecutor of the province of Corum decided on 7 July 1993 not to prosecute Mr. Bilal Nartok;
   • - the Public Prosecutor of the province of Izmir decided on 17 June 1992 not to prosecute Messrs. Mustafa Gunaydin, Zuhal Acarkan, Fikret Dogan, Behcet Kemal Bal and Fevsi Yilmaz for having established the Izmir branch; on 3 March 1992 he decided not to press charges against trade union leaders for trade union activities conducted between 19 January and 23 February 1992;
   • - on 5 April 1993 it was decided not to press charges against Vahdet Kadioglu, Osman Dumanoglu, Sükrü Aslan, Nur Sahin, Tekin Karsli, Fevzi Yilmaz and Cengiz Keles, trade unionists of the Balcova branch, for violating Act No. 2821;
   • - on 12 May 1993 it was decided not to initiate legal action against Fikret Dogan, Ibrahim Gamgar, Cengiz Ozdomir, Muazzez Hizal and Ilhan Atak, trade unionists of the Konak branch, for acts committed in violation of Act No. 2821;
   • - Hüseyin Mercan, a middle-school teacher in the province of Denizli, was disciplined for making statements to the press without authorization and was transferred to a teaching post in the Gülagac district (province of Aksaray);
   • - although legal proceedings have been initiated to close the Elazig branch established by Dr. Niyazi Altunya, the branch has been functioning without any hindrance.

C. The Committee's conclusions

1. 325. The Committee would like to recall that on previous occasions, it has examined other cases concerning restrictions on trade union rights in law and in practice in Turkey.
2. 326. The Committee observes that the complainant organization in this case alleges various limitations on the exercise of the trade union rights of teachers which, in its opinion, will continue as long as no labour legislation guaranteeing the trade union rights of public servants has been adopted. The acts to which the complainant organization refers include the denial of authorization to establish trade union branches, the closure of such branches, denial of authorization of trade union congresses, administrative interrogations of trade unionists, the prohibition of various branches from engaging in certain activities and producing union publications, and different acts of anti-trade union discrimination (the initiation or threat of legal proceedings for the exercise of trade union activities and suspension of promotion and transfer of a trade unionist). The Committee takes note of the Government's statements, and specifically of those to the effect that the allegations refer to acts which took place prior to the Prime Minister's circular of 16 June 1993, which sets out that there shall be no hindrance to the establishment of trade unions and to their activities and that no penalties shall be imposed for carrying out trade union activities. The Committee emphasizes, however, that certain allegations concern facts that have occurred after the issuance of the circular. The Committee further notes that, according to the Government, a bill is now being considered to ensure the trade union rights of public employees and is currently the subject of discussion by the social partners.
3. 327. The Committee urges the Government to eliminate ambiguities existing in practice as soon as possible, in particular by adopting the bill to ensure the trade union rights of public employees, taking fully into consideration the opinions of the social partners and the requirements of ILO Conventions Nos. 87, 98 and 151, which have been ratified by Turkey. The Committee reminds the Government that the Office is at its disposal to provide any technical assistance which may be required.
4. 328. The Committee notes with interest that the Government has reported a series of improvements as regards the exercise by the complainant organization of its trade union rights (although these do not always refer to the questions mentioned in the allegations) and that a number of questions mentioned in the allegations have already been resolved: the authorization of the Eskisehir branch to conduct activities; the withdrawal of the legal proceedings undertaken against the Kutahya branch; the elimination of obstacles to the functioning of the Burhaniye branch and the Edremit liaison office; the end of the closure of the Caycuma liaison office, the Van branch (although this is the subject of an appeal by the Governor) and the Fatih branch; the dropping or non-filing of charges against the leaders of the Balikesir branch, against the founding members of the Tekirdag branch and against the branch itself; the decision not to prosecute a trade union leader (in the province of Corum) and the founders of the Izmir branch and the non-filing of charges against trade union leaders of this branch for union activities conducted between 19 January and 23 February 1992; the non-filing of charges against the trade unionists of the Balcoba branch; and the decision to not initiate legal proceedings against trade unionists of the Konak branch.
5. 329. However, the Committee observes that the legal proceedings to close the Elaziq branch remain pending, although the latter has been functioning without hindrance. Furthermore, the Government confirms that the teacher, Mr. Hüseyin Mercan, was transferred for having made statements to the press without authorization, and also confirms that legal proceedings have been undertaken against Dr. Altunya - according to the complainant - for criticizing the work of the Minister of Education.
6. 330. Moreover, the Government has not sent observations concerning the denial of authorization to publish magazines at the Denizli, Corum and Kütahya offices; the administrative interrogation of the President of the Diyarbakir office and the members of the Executive Committee of the Kesan office; the denial of authorization of a public discussion on education organized by the Erzurum office; the denial of authorization to hold a meal to commemorate the third anniversary of EGITIM-IS by the Kesan office; the refusal to open certain trade union branches; and the denial of authorization for general congresses in nearly 80 local offices.
7. 331. In these circumstances, taking into consideration the circular of the Prime Minister of 16 June 1993, the legislative work which is being carried out to adopt a law guaranteeing the trade union rights of public employees, the ratification by Turkey of ILO Conventions Nos. 87, 98 and 151 and the seriousness of the questions pending, the Committee requests the Government to take the necessary measures in the near future to ensure that: (1) all the branches and local offices of EGITIM-IS may be formed and function without hindrance; (2) the legal or administrative proceedings taken against trade unionists, including Dr. Altunya, for having exercised their trade union rights are withdrawn; (3) trade union congresses of the branches can take place without hindrance; (4) the trade union publications and activities of the branches are not prohibited; (5) interrogation is not used as a means to intimidate trade unionists; and (6) the acts of discrimination to which the trade unionist, Mr. Mercan, was subjected are annulled (transfer and suspension of promotion).