Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Türkiye (Ratification: 1993)

The Committee takes note of the information provided in the Government's report, as well as the comments made by the Confederation of Turkish Trade Unions (TURK-IS), by the Energy, Road, Construction, Infrastructure, Title Deed Land Survey Public Sector Employees' Trade Union and by the Confederation of Turkish Employers' Associations (TISK). The Committee also notes the statement of the Government representative to the 1997 Conference Committee on the Application of Standards and the discussion which took place therein.

The Committee notes with interest the amendments made to the Trade Unions Act No. 2821 by Act No. 4277 of 26 June 1997. In particular, the Committee notes that this Act repeals certain provisions of sections 37, 39, 40 and 59 which had been the subject of its previous comments in respect of the prohibition of certain political activities of unionists, broad powers for state auditing of trade union accounts and the control over the use and receipt of funds. It notes, however, that section 37, as amended, continues to provide that union officers may not also be candidates for local administrative and general parliamentary elections, under penalty of imprisonment of up to two years (section 59(6)). The Committee must recall that it is the prerogative of workers' and employers' organizations to determine the conditions for electing their leaders, and the authorities should refrain from any undue interference in the exercise of the right of workers' and employers' organizations to elect their officers in full freedom, as established under Article 3 of the Convention. It therefore requests the Government to indicate the measures envisaged to repeal this restriction and to ensure that the conditions of eligibility for trade union office shall be determined by the organizations themselves.

As concerns the right to organize for public servants, the Committee notes from the Government's report that a new section was inserted into the Public Servants Act No. 657 concerning the right of public servants to form and join unions and upper-level organizations in accordance with the principles set forth in the Constitution and pertinent legislation. The Government adds that a draft Bill concerning public servants' unions was submitted to the National Assembly, general discussion has been completed and half of the proposed articles have been approved. Due to demands of the opposition parties, however, the legislative process is pending the re-evaluation and revision of some of the remaining articles. The Committee also notes in this respect the comments of TURK-IS and the Energy, Road, Construction, Infrastructure, Title Deed Land Survey Public Sector Employees' Trade Union to the effect that this Bill is in direct contravention with certain principles of freedom of association. Recalling the need to adopt legislation to ensure the full rights of the Convention to public servants, the Committee requests the Government to transmit a copy of the latest version of the above-mentioned Bill with its next report so that it may examine its compatibility with the Convention.

The Committee must also recall its previous comments in which it raised discrepancies between the legislation and the Convention on the following points:

-- restrictions on industrial action in Act No. 2822 on collective labour agreements, strikes and lockouts of 5 May 1983 (prohibition of protest and sympathy strikes (section 54), severe limitations on picketing (section 48) and a too long waiting period for calling strikes (sections 27 and 35), restriction on the right to strike for public employees in state enterprises (Civil Servants Act of 1965) and severe sanctions, including imprisonment, for participation in "unlawful" strikes not determined in accordance with freedom of association principles);

-- the imposition of compulsory arbitration at the request of any party (section 32 of Act No. 2822) in respect of many services which cannot be considered to be essential services in the strict sense of the term (sections 29 and 30).

The Committee expresses the firm hope that the Government will take the necessary measures in the very near future to amend this legislation in order to bring it into full conformity with the Convention and would recall that ILO technical assistance is available in this regard if the Government so desires.

Finally, the Committee is raising a number of other points in a request addressed directly to the Government.