Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

With reference to its observation, the Committee requests the Government to provide further information on the following points.

1.  Article 2 of the Convention.  (a)  In its previous comments, the Committee noted that several categories of workers were denied the right to organize either because they were not covered by the Act respecting trade unions or because they were specifically excluded from this right by legislation governing their status. Such categories of workers include: homeworkers, private security personnel, contract personnel, apprentices and foreign workers. The Committee notes with regret that the Government has provided no information on this point in its latest report and once again requests the Government to indicate the measures taken or envisaged to ensure that the abovementioned workers may fully exercise this right.

(b)  In its previous comments, the Committee noted that section 22 of the Act respecting trade unions prohibited workers from belonging to more than one trade union. The Committee notes the Government’s reference to article 51 of the Constitution as the reason for not amending this provision. The Committee recalls however that its previous comments focused on the principle that workers who are employed in more than one occupational activity should have the right to belong to the unions corresponding to each of these activities should they so desire. It once again requests the Government to give consideration to amending both article 51 of the Constitution and section 22 of the Act so that such workers may belong to the trade unions corresponding to their differing occupational activity and to indicate any progress made in this regard.

(c)  In its previous comments, the Committee noted that section 3 of the Act respecting trade unions provided that trade unions should not be constituted on an occupational or workplace basis. Noting with regret that the Government has not provided any information in this respect, the Committee would recall that the right to join the organization of one’s own choosing includes the determination of the level of representation and expresses the hope that the Government will take the necessary measures to repeal this section of the Act to enable workers to organize at the occupational and workplace level.

2.  Article 3.  In its previous comments, the Committee noted a number of provisions in the Act respecting trade unions which unduly regulated internal trade union matters. It notes the Government’s indication in its latest report that it has no intention to amend the requirement of a minimum active employment prior to eligibility for trade union office because of its basis in article 51 of the Constitution. The Committee notes, however, that article 51 and section 14 of the Act provide that a worker must have at least ten years of active employment in order to become an elected officer of a union or confederation. It recalls that the autonomy of organizations can be effectively guaranteed only if their members have the right to elect their representatives in full freedom and that public authorities should therefore refrain from any interference which might restrict the exercise of this right. The Committee considers therefore that any precondition for election concerning years of employment should be a matter to be determined by the members of a given workers’ organization and therefore requests the Government to indicate the measures taken or envisaged to repeal this requirement from both the Constitution and the Act.

The Committee notes with regret that the Government has not provided any information in respect of Act No. 3984 which prohibits union television or radio stations and requests the Government to indicate the measures taken or envisaged to repeal this prohibition so as to enable trade unions to organize their administration and activities without interference by public authorities.

3.  Article 5.  In its previous comments, the Committee noted with interest the Government’s indication that a draft Bill had been prepared and submitted to Parliament to repeal section 43 of the Associations Act No. 2098 which required the permission of the Ministry of Internal Affairs in order for an association to invite any foreigner to Turkey or for a member of an association to be sent abroad at the invitation of a foreign association or organization, under penalty of imprisonment. The Committee notes from the Government’s latest report that the proposed amendment became obsolete because of the 1999 general elections and subsequent opening of the new session of the Parliament and therefore a new Bill has been drafted to exempt union officials from this requirement. The Committee trusts that this provision will be repealed in the very near future and requests the Government to indicate the progress made in this regard.