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

Article 1(a) of the Convention.  1.  Referring to its observation under the Convention, the Committee requests the Government to supply information on the application in practice of the following provisions under which penalties involving compulsory labour may be imposed. In particular, the Committee is seeking information on the numbers of prosecutions brought and made under each provision and copies of court decisions defining or illustrating their scope, as well as information on any measures taken or contemplated in these regards to ensure the observance of the Convention:

(a)  sections 65 and 172, read together with sections 125 and 146 of the Penal Code (incitement and public incitement to acts intended to decrease the independence or to disrupt the union of the State or to separate a part of its territory from the administration of the State; and incitement or public incitement to attempts to forcibly alter the Constitution of the Republic or prevent the National Grand Assembly from accomplishing its mission);

(b)  section 158 of the Penal Code (insulting the President of Turkey, using aggressive language against him in his absence, including by allusion or hint, or acting indecently or disrespectfully toward, or making indecent or disrespectful publications about, the office or the person of the President of Turkey);

(c)  sections 168, paragraph 2, and 169 of the Penal Code (membership of armed societies or bands or assisting them or facilitating their actions);

(d)  section 242 of the Penal Code (censuring, by ministers of religion making use of their titles, of government administration, laws or regulations or any duty or authority of governmental departments, or incitement by the same to disobey laws, government orders or official duties);

(e)  section 260 of the Penal Code (behaviour aimed at, and successful in, resisting the execution of any provisions of laws or regulations);

(f)  section 261 of the Penal Code (opening of schools or places of teaching contrary to laws and regulations);

(g)  sections 311 and 312, paragraph 1, of the Penal Code (incitement to penal offences, and public approval of acts punished by law as crimes, or calling up the population to disobey laws);

(h)  section 312a of the Penal Code (uttering public threats aimed at spreading fear among the population);

(i)  section 313 of the Penal Code (participation in a criminal association, in particular (paragraph 2) where it was set up to spread fear among the population, or with an intention derived from a political or social weltanschauung);

(j)  section 526, paragraph 2, of the Penal Code (disobeying orders or measures adopted by competent authorities for the protection of public order);

(k)  section 536, paragraph 1, of the Penal Code (unauthorized affixing of printed handwritten or drawn papers, posters, etc. on the boards designated by the competent authorities);

(l)  section 7 of the "Act against terrorism", No. 3713 of 12 April 1991, as amended (membership in a "terrorist organization");

(m)  section 1, paragraph 1, of the law concerning crimes committed against Atatürk (No. 5816 of 25 July 1951) (publicly insulting the memory of Atatürk), as well as section 1, paragraph 3, and section 2, paragraph 1, read together with section 1, paragraph 1, of the law.

2.  In earlier comments, the Committee referred to section 89 of Act No. 648 of 13 July 1965 concerning political parties, which prohibited political parties from asserting the existence in Turkey of any minorities based on nationality, culture, religion or language and from attempting to disturb national security by conserving, developing or propagating languages and cultures other than the Turkish language or culture. The Committee understands that that Act has been superseded by more recent legislation and requests the Government to supply with its next report copies of laws and regulations in force governing political parties and associations.

Article 1(c) and (d).  3.  In earlier comments, the Committee noted that, by virtue of sections 14, 15 and 22 of Act No. 624 of 8 June 1965 concerning trade unions of public officials, imprisonment (involving, as previously noted, an obligation to perform labour) could be imposed as a penalty for disregard by civil servants and employees of public institutions, services and enterprises (as defined in section 2) of certain restrictions. The Committee asked the Government to review these provisions in the light of Article 1(c) and (d) of the Convention and to indicate the measures taken or contemplated to ensure the observance of the Convention in this connection. The Committee subsequently noted that, by Act No. 1488 of 20 September 1972, articles 46 and 119 of the Constitution were amended so as to restrict the right of organization of public servants, provision being made by transitional article 16 for the immediate cessation of the activities of trade unions established under Act No. 624 and the promulgation within six months of a new law to regulate the creation of organizations by public servants. The Committee notes from the Government’s latest report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that a draft bill on public servants’ unions is still being considered by Parliament. The Committee requests the Government to supply in its next report detailed information, including copies of relevant statutory provisions in force, concerning labour discipline and strikes of all persons in state employment or having the status of public servants, including teachers and other state employees which are not responsible for the exercise of state authority, such as employees of public services and enterprises. The Government may wish to include also indications on any measures taken or contemplated in this connection to ensure observance of Article 1(c) and (d) of the abolition of forced labour Convention.