Informe provisional - Informe núm. 281, Marzo 1992

1. 399. This complaint is contained in a communication from Egitim Iskolu Kamu Görevlileri Sendikasi (EGITIM-IS) dated 15 May 1991; the complainant provided further information in a communication of 12 December 1991. The International Federation of Free Teachers' Unions supported the complaint in a communication of 20 June 1991. The Government replied in a communication dated 24 January 1992.
2. 400. Turkey has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); however, it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 401. In its communication of 15 May 1991, the complainant organisation explained that it has been established in accordance with the laws of Turkey, and regrouped then some 13,000 members in the education sector (teachers, inspectors, technicians as well as janitors and other personnel with the status of civil servants). While the Turkish legislation does not, in fact, contain any provision prohibiting the unionisation of public servants, the authorities adopted a restrictive interpretation and instituted legal proceedings to prevent the establishment of EGITIM-IS. In its communication of 12 December 1991, EGITIM-IS announced that the new Minister of Labour had abandoned the proceedings before a final hearing could be held in that case. The complainant also mentioned that its membership has then soared to 20,000, and that it expanded considerably its activities in all cities.
2. 402. The complainant organisation also alleged in its initial communication that the authorities prevented it from holding its first general congress in November 1990. In its communication of 12 December 1991, EGITIM-IS indicated that, following the election of a new government, the first general congress would probably be held in February 1992.
3. 403. The complainant further submits that the union and its members have been subjected to various pressures and acts of anti-union discrimination, and that the authorities had adopted an open attitude of opposition to, and direct interference in EGITIM-IS activities, for instance by preventing it from opening branch offices in Izmir, Balikesir, Istanbul, Salihli and Emirdag.
4. 404. The complainant gives the following examples of anti-union harassment:
   • - Mr. Mijazi Altunya, the president of EGITIM-IS, was dismissed on 13 July 1990 because of his statement to a newspaper that the students should not be failed; he was not allowed to go abroad in December 1990;
   • - Mr. Aydin Nefesoglu, a member of the Executive Board, was exiled from Ankara to Kastamonu-Tasköprü, in March 1990;
   • - eleven members of EGITIM-IS in Bolu-Düzce were given a "suspension of promotion for a year" because of their trade union activities;
   • - eight members of EGITIM-IS in Erzurum-Horasan were transferred to other schools in the same city because of their trade union activities;
   • - in the City of Balikesir, the police searched the branch office of EGIT-DER (Association of Educators) and confiscated some union documents; the local police authorities then declared the union to be an illegal organisation; six EGITIM-IS representatives were arrested, then released; 96 others were still being investigated;
   • - Mr. Abdullah Nergiz, a representative of EGITIM-IS and a teacher in Hasanoglan Atatürk Anatolian Teachers' Training Lycee was dismissed in January 1991 and was under threat of transfer to another city; and
   • - Mr. Jalip Gökce, the EGITIM-IS representative in Edirne-Uzunköprü was dismissed, then reinstated by the new city governor; in the same city, five EGITIM-IS representatives were exiled.
5. 405. The complainant also gives information about the right to organise in the public sector in Turkey, which employs about 2.2 million persons, i.e. 12 per cent of the active population. Public employees may belong to one of three categories: worker, contracted personnel or public servant. In short, workers have the same union rights as private sector workers; contracted personnel are not allowed to join trade unions; and, under article 4 of Law No. 2908 of 1983, all teachers and administrators in the education sector, amongst other categories, are denied the right to unionise.

B. The Government's reply

1. 406. In its communication of 24 January 1992, the Government confirms that teachers are considered as public servants by the existing legislation due to the nature of the work they perform and that, under the present legislation, they do not have the right to establish and join trade unions. However, the new Government formed after the recent general elections, inspired by the modern approaches to the socio-economic and political issues, intends to grant public servants the right to establish and join trade unions, and bargain collectively. To this end, special reference was made in the Government Programme presented before the Grand National Assembly to the harmonisation of the current trade union rights with the standards and principles of the ILO.
2. 407. In relevant parts, the Government Programme of 25 November 1991 states as follows:
   • (The Turkish Constitution ...) will provide for all the conditions of a participatory democracy ..., and for human rights, individual rights and freedoms and trade union rights as accepted in the most advanced countries...
   • We suggest the formation of such a constitution as a result of a consensus reached among the concerned organisations in the country, our people and above all the political parties. We firmly believe that "consensus" must be a basic condition if constitutions are to last...
   • Trade union rights will be institutionalised in conformity with ILO standards. Employer-employee relations will be brought to a level which will improve social security and strengthen social peace in Turkey...
   • Special importance will be given to the preservation of labour and peace in employer-employee relations...
   • Necessary legislative adjustments will be made to ensure trade union rights and freedoms for civil servants. Necessary initiatives will be launched for the constitutional aspect of the matter.
   • Necessary amendments will be made in the Constitution to enable teachers to form trade unions.
   • (Emphasis added.)
3. 408. The Government adds that it has already initiated a process with a view to ratifying the Freedom of Association and Protection of the Right to Organise Convention (No. 87) and the Labour Relations (Public Service) Convention (No. 151). Once these instruments are ratified and the corresponding legislation amended, the issues of contention will disappear.
4. 409. The Government further states that, on 25 May 1991, the Ministry of National Education decided not to apply any administrative measure against EGITIM-IS members until the final ruling of the court concerned is issued.
5. 410. As to the persons mentioned in the complaint:
6. - 123 EGITIM-IS members on trial in Manisa were acquitted by the court verdict (Manisa is the seat of the Prefecture covering Salihli, a locality mentioned in EGITIM-IS complaint);
   • - Mr. Abdullah Nergiz was reinstated;
   • - Mr. Aydin Nefesoglu returned to his earlier work place in Ankara;
   • - the reinstatement of Niyazi Altunya, founding member and president of EGITIM-IS, has been deliberated and he will be notified of the decision in a few days.
7. 411. The Government will inform the Committee of any further developments on the issues raised in the complaint.

C. The Committee's conclusions

1. 412. The Committee notes that the allegations in the present case concern: (1) the denial of the right of association and collective bargaining to workers in the education sector; (2) the Government's refusal to recognise EGITIM-IS; (3) the denial of EGITIM-IS's right to hold its first general congress; and (4) various acts of anti-union discrimination.
2. 413. The Committee notes with interest the Government's communication and its stated intentions as regards the changes to be made in the legislation in general and in the labour law in particular. It observes that, in its programme presented to the Grand National Assembly, the Government expresses a firm commitment to take necessary steps in providing trade union rights and freedoms for public employees, specifically those employed in the education sector, and that special reference is made in the Government's Programme concerning the harmonisation of trade union rights with ILO standards and principles.
3. 414. The Committee notes that the above-mentioned problems or similar issues have been raised recently before this Committee (Case No. 1577, 279th Report, paras. 423-440; approved by the Governing Body at its 251st Session). However, given the unequivocal statements of principles embodied in the Government's programme, considering that the Ministry of Education has decided not to apply any administrative measures against EGITIM-IS members until a final judicial ruling is issued, and in view of the fact that EGITIM-IS now seems to be able to function normally in practice, the Committee will limit itself to recalling the importance it attaches to basic freedom of association principles: all workers without distinction whatsoever, regardless of their legal status, including public officials, have the right to establish and join organisations of their choosing; and workers' and employers' organisations should be free to organise their administration and activities and to formulate their programmes, to hold their congresses without previous authorisation and to draw up their agenda in full freedom. The Committee further recalls that teachers cannot be considered as being employed in essential services (Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, paras. 144-146, 402, 404). The Committee therefore requests the Government rapidly to take the announced measures to amend the provisions of current legislation which contravene these principles, with a view to guaranteeing all teachers the right to establish and join organisations of their choosing, and allowing them to organise their administration and activities and to formulate their programmes.
4. 415. The Committee strongly hopes that the intentions expressed by the Government to the Grand National Assembly will be rapidly followed by concrete measures, and trusts that the Government will be able to announce their enactment and implementation in the near future. The Committee also reminds the Government that the advisory services of the International Labour Office are at its disposal if it so wishes. It requests the Government to keep it informed of the developments in that respect.
5. 416. As regards the various acts of anti-union behaviour by the authorities under the former Government, the Committee notes that Messrs. Abdullah Nergiz and Jalip Gökce have now been reinstated in their functions, that Mr. Aydin Nefesoglu was returned to his earlier workplace in Ankara, and that 123 EGITIM-IS members have been acquitted by the Manisa Court. Whilst noting that these were serious infringements of freedom of association principles, the Committee trusts that such acts will not reoccur and considers that these aspects of the case do not call for further examination.
6. 417. The Committee notes, however, that the final decision has not yet been issued as regards the President of EGITIM-IS, Mr. Niyazi Altunya. The Committee trusts that a decision will be rapidly issued and requests the Government to keep it informed in this respect.
7. 418. The Committee further observes that no information was provided by the Government concerning:
   • - the current situation of 11 EGITIM-IS members in Bolu-Düzce, allegedly deprived of promotion for a year because of their union activities;
   • - the current situation of eight EGITIM-IS members in Ezurum-Horasan, allegedly transferred to other schools also because of their union activities;
   • - the incidents in Balikesir (search of the branch office of Egit-Der, seizure of documents); and
   • - the current situation of five EGITIM-IS representatives in Edirne-Uzunköprü, who were allegedly exiled.
     • The Committee requests the Government to provide information on these incidents, or on the current situation of these persons.