Report in which the committee requests to be kept informed of development - Report No 283, June 1992

Case No 1583 (Türkiye) - Complaint date: 15-MAY-91 - Closed

1. 137. The Committee examined this case at its meeting in February 1992, when it presented interim conclusions. (See 281st Report, paras. 399-419, approved by the Governing Body at its 252nd Session.) The Government sent new observations in letters dated 15 and 23 April 1992.
2. 138. 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. Previous examination of the case

1. 139. The complaint presented by EGITIM-IS, a trade union of employees in the education sector (teachers, inspectors, technicians as well as janitors and other personnel with the status of public employees), concerned: (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. 140. In the light of the Committee's interim conclusions, the Governing Body approved the following recommendations at its March 1992 Session (see 281st Report, para. 419):
   • (a) Noting with interest the stated intentions of the Government, and in particular its commitment to institutionalise trade union rights in conformity with ILO standards, and to take the necessary steps to guarantee trade union rights and freedoms for public employees, including teachers, the Committee firmly hopes that these intentions will be rapidly followed by concrete measures and that the Government will be able to announce their enactment and implementation in the near future. It invites the Government to keep it informed of the developments in this respect.
   • (b) The Committee draws the Government's attention to the fact that the services of the International Labour Office are at its disposal if it so wishes.
   • (c) The Committee requests the Government to provide information on:
     • - the final decision concerning Mr. Altunya, President of EGITIM-IS;
     • - the current situation of the 11 EGITIM-IS members in Bolu-Düzce, allegedly refused a promotion for a year because of their trade union activities;
     • - the current situation of the eight EGITIM-IS members in Erzurum-Horasan, allegedly transferred to other schools because of their trade union activities;
     • - the searching of the Balikesir branch office of EGIT-DER and confiscation of documents; and
     • - the current situation of the five EGITIM-IS representatives in Edirne-Uzunköprü who were allegedly exiled.
   • (d) The Committee draws the legislative aspects of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.

B. Further information provided by the Government

1. 141. In its letter of 15 April 1992 the Government states that: (1) Mr. Altunya, the President of EGITIM-IS, was reinstated on 14 January 1992; (2) the constituent congress of EGITIM-IS was held on 14 and 15 March 1992; (3) the teachers who were EGITIM-IS members in Erzurum-Horasan and who were transferred to other schools because of their trade union activities were reinstated in their previous posts; (4) the EGITIM-IS representatives in Edirne-Uzunköprü who had been transferred to other schools were also reinstated in their previous posts; and (5) the documents seized at the Balikesir branch office of EGIT-DER (the teachers' association) were returned in application of Ruling No. E.1991/510 K.1991/478 of 19 June 1991 handed down by Balikesir Criminal Tribunal No. 1.
2. 142. In a letter dated 23 April 1992 the Government points out that, according to information supplied by the competent authorities, the constituent congress of the EGITIM-IS was indeed held on 14 and 15 March 1992 in Ankara, without any interference by the police.

C. The Committee's conclusions

1. 143. The Committee notes the further information provided by the Government, according to which the complainant organisation was able to hold its constituent congress on 14 and 15 March 1992 without interference by the authorities. It also notes that the members of the EGITIM-IS who were subjected to anti-union discrimination have been reinstated and that the documents seized by the police at the branch office of EGIT-DER were returned to the trade union by a judicial ruling of 19 June 1991. The Committee therefore considers that these aspects of the case do not call for further examination.
2. 144. While noting this information with satisfaction, the Committee again requests the Government to take in the near future the measures mentioned in its communication of 24 January 1992 with a view to modifying the provisions of the current laws and regulations which are contrary to the principles of freedom of association, so as to ensure for all teachers the right to establish and join organisations of their own choosing, to organise their administration and activities and to formulate their programmes.
3. 145. In the firm hope that the Government's intentions will be rapidly followed by concrete measures, the Committee once again reminds the Government that the advisory services of the International Labour Office are at its disposal if it so wishes.

The Committee's recommendations

1. 146. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee welcomes the fact that the constituent congress of trade unions of employees in the education sector (EGITIM-IS) could meet without interference from the Government. It accordingly considers that this aspect of the case does not call for further examination.
   • (b) In the light of its previously stated intentions, in particular its commitment to institutionalise trade union rights in conformity with ILO standards and to take the steps necessary to guarantee trade union rights and freedoms for public employees including teachers, the Committee again requests the Government to amend the provisions of the current laws and regulations which are contrary to these principles, so as to guarantee for all teachers the right to establish and join organisations of their own choosing, to organise their administration and activities and to formulate their programmes. It invites the Government to keep it informed of the developments in this respect.
   • (c) The Committee reminds the Government that the services of the International Labour Office are at its disposal if it wishes to avail itself of them.
   • (d) The Committee draws the legislative aspect of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.