Report in which the committee requests to be kept informed of development - Report No 204, November 1980

Case No 985 (Türkiye) - Complaint date: 23-JUL-80 - Closed

1. 302. By two telegrams, dated 23 and 25 July 1980 respectively, the Trade Unions International of Workers in the Metal industry and the world Confederation of Labour (WCL) presented complaints of violation of trade union rights in Turkey. The Government, for its part, sent its observations in a letter of 29 July 1980. Additional information was received from the WCL on 26 August 1980 and was transmitted to the Government.
2. 303. Turkey has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Allegations of the complainants

1. 304. In their telegrams the complainant organisations protest against the murder of the trade union leader Kemal Turkler, President of the National Union of Metallurgical Workers (MADENIS); they ask the ILO to intervene with the Government to do everything in its power to find the murderers, bring them to justice and re-establish a climate of security and freedom favourable to trade union action.

B. Reply of the Government

1. 305. In its reply the Government deplores the murder of Mr. Kemal Turkler and explains that he is unfortunately not the only victim of the present wave of terrorism in Turkey it states that only a few days before a former Prime Minister and a member of parliament were also assassinated by terrorists and that there have been dozens of other victims. The Government also asserts that it is making every effort to put an end to terrorism and to safeguard human lives within the context of democratic laws and freedoms, and to maintain trade union freedom despite the course taken by events.

C. Conclusions of the Committee

1. 306. The Committee notes the statements by the Government regarding the wave of violence in Turkey. The Committee does not have at its disposal fuller information on the murder of the trade union leader Kemal Turkler. Generally speaking, however, it wishes to note, as it has already done in other cases, that a climate of violence such as that surrounding the killing of a trade union leader constitutes a serious impediment to the exercise of trade union rights, and that accordingly such acts warrant the taking of severe measures by the authorities in order to establish the facts, punish the culprits and restore the situation to normal, this being an essential prerequisite for the free exercise of trade union rights. The Committee therefore wishes to emphasise the necessity of instituting an independent judicial inquiry to explain the facts fully and to determine the guilt.

The Committee's recommendations

1. 307. In these circumstances, the Committee recommends the Governing Body:
   • (a) to express its concern over the climate of insecurity in the country and which led to the murder of the trade union leader Kemal Turkler;
   • (b) to note that such a climate can only constitute a serious impediment to the exercise of trade union rights and to recall that such situations call for the taking of effective measures against those responsible;
   • (c) to request the Government to keep it informed of the results of the judicial inquiry into the death of Kemal Turkler and to transmit the text of any judgment which may be handed down concerning this matter, together with the reasons adduced therefore.