Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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

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) The Committee notes with interest that article 53 of the Constitution has been amended to permit trade unions of public officers to engage in collective bargaining. It notes from the Government's report, however, that civil servants are not included within the scope of article 51 of the Constitution concerning the right to organize nor are they covered by Act No. 2821 respecting trade unions. The Government has also indicated in its report that a Bill regulating the trade union rights of civil servants has been prepared and submitted to the Turkish Grand National Assembly. The Committee requests the Government to indicate in its next report the progress made in this regard and to transmit a copy of the Bill once it has been adopted.

(b) The Committee notes that several categories of workers are denied the right to organize either because they are not covered by the Act respecting trade unions or because they are 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 recalls that this Article of the Convention provides the right to organize for all workers, without distinction whatsoever, and requests the Government to indicate the measures taken or envisaged to ensure that the above-mentioned workers also benefit from this right.

(c) The Committee notes that section 22 of the Act respecting trade unions prohibits workers from belonging to more than one trade union. The Government is requested to indicate the measures taken or envisaged to amend this provision to enable workers who are employed in more than one occupational activity to belong to the corresponding unions if they so wish.

(d) The Committee notes that section 3 of the Act respecting trade unions provides that trade unions shall not be constituted on an occupational or workplace basis. The Committee recalls that this Article of the Convention provides that workers shall have the right to join and form the organization of their own choosing and requests the Government to indicate any measures taken or envisaged to repeal section 3 of the Act to enable workers to organize at the occupational and workplace level if they so wish.

2. Article 3. (a) The Committee notes that the Act respecting trade unions contains a number of provisions regulating internal trade union matters which should better be left to the determination of the trade unions themselves. Such restrictions include the requirement of a minimum active employment prior to eligibility for trade union office (section 14), the continued prohibition of certain political activities (sections 37, 39, 58 and 59), broad powers for state auditing of trade union accounts (section 59(5)), control over the use and receipt of funds (sections 39 and 40), and the prohibition of union television or radio stations (Act No. 3984 of 13 April 1994). The Government is requested to indicate the measures taken or envisaged to repeal or amend these provisions so as to enable trade unions to organize their administration and activities and to elect their officers without interference by public authorities.

(b) The Committee notes that Act No. 2822 respecting collective labour agreements, strikes and lockouts of 5 May 1983 contains a number of provisions restricting the right to strike which are not in conformity with the principles of freedom of association. Such restrictions concern the prohibition of protest and sympathy strikes (section 54), severe limitation on picketing (section 48), and on the 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 the imposition of compulsory arbitration at the request of any party (section 32) in many services which cannot be considered to be essential in the strict sense of the term (sections 29 and 30). The Committee further notes that heavy sanctions, including imprisonment, are provided in sections 72-79 of this Act for participating in "unlawful strikes" the prohibition of which, however, is contrary to the principles of freedom of association. The Committee would recall that sanctions for strike action should be possible only where the prohibitions in question are in conformity with the principles of freedom of association and, furthermore, if measures of imprisonment are at all to be imposed they should be justified by the seriousness of the offenses committed. It requests the Government to indicate the measures taken or envisaged to amend the provisions of the Act respecting collective agreements, strikes and lockouts so as to bring it into conformity with the principles of freedom of association.

3. Article 5. The Committee notes that section 43 of Act No. 2908 concerning associations of 4 October 1983 requires 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 considers that this requirement may seriously interfere with the rights of workers' and employers' organizations in their association with international organizations and requests the Government to indicate the measures taken or envisaged to eliminate this requirement except as it may concern a purely procedural requirement for entry visas.

4. Finally, the Government is requested to provide, with its next report, a copy of sections 536 and 537 of the Penal Code (in English if available) as well as a copy of the Export Processing Zones Act No. 3218.