Rapport définitif - Rapport No. 164, Juin 1977

Cas no 863 (Türkiye) - Date de la plainte: 27-SEPT.-76 - Clos

1. 64. In a communication dated 27 September 1976, the World Confederation of Labour (WCL) presented a complaint concerning alleged infringements of the exercise of trade union rights in Turkey.
2. 65. The text of the aforementioned communication was transmitted to the Government which forwarded its comments in a communication dated 9 November 1976.
3. 66. Turkey has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 67. In its communication the WCL alleged that several leaders of the Confederation of Turkish Democratic Trade Unions (DISK) had been arrested in Istanbul by the police. The persons concerned were the president of the said Confederation, Kemal Turkler, and its general secretary, Mehmet Karaca, and other members of the executive board: Fehmi Isiklar, Riva Guven, Kemal Negioglu, Celal Kucuk and Mehmet Kiling. According to the WCL these trade union leaders had been accused of inciting the workers to strike in protest against the draft legislation aimed at setting up exceptional courts.
2. 68. The WCL stated in addition that more than 850 workers had been dismissed from a number of undertakings for the same reason and that 78 workers had been imprisoned.
3. 69. In its reply the Government pointed out first of all that the right to organise is guaranteed by the national Constitution. The same applies to the right to strike and collective bargaining with the object of enabling the workers to safeguard or improve their economic and social positions. It is furthermore stipulated in the Constitution that the rights of the employers and the terms and conditions for exercising the right to strike as well as exceptions thereto shall be defined by law.
4. 70. By virtue of these Constitutional provisions, added the Government, Act No. 275 respecting collective labour agreements,: strikes and lock-outs states that the term "lawful strike" means any strike called by the workers in accordance with that Act with the object of safeguarding or improving their economic and social position. Conversely, a strike called for any other purpose or otherwise than in accordance with the provisions of that Act is considered unlawful. In addition, penalties are provided for persons who take part in or incite others to take part in an unlawful strike and persons engaging in propaganda to that end. The Government added that the judicial power is exercised by independent courts.
5. 71. As regards the arrest of trade unionists belonging to the DISK, the Government stated that, following information laid, proceedings had been instituted by the public prosecutor of the district of Bakirköy against Kemal Turkler and other members of the DISK whose actions had been deemed to be contrary to the provisions of Act No. 275. The persons concerned had appealed against the sentence of imprisonment handed down by the court of first instance and the Court of Appeal which heard the case then ordered their release. Their release was proof, according to the Government, of the spirit of independence and the attachment to individual freedoms which dominate the Turkish courts.
6. 72. As regards the allegations concerning the dismissal of workers, the Government stated that these problems directly concerned relations between workers and employers and hence could not call for action on its part. The Government pointed out in this connection that labour disputes between workers and employers are dealt with under the provisions of the current labour legislation by the competent courts.

B. B. The Committee's conclusions

1. 73. The Committee notes that the case concerns, on the one hand, the arrest of trade unionists and, on the other hand, the dismissal of workers allegedly for their participation in a strike.
2. 74. As regards the arrest of trade unionists, the Committee notes that, following an appeal lodged by the persons concerned, the sentences of imprisonment imposed by the court of first instance have been lifted.
3. 75. As regards the dismissal of workers, the Committee notes that these measures were taken following the participation of the persons concerned in a strike called by the DISK which was regarded as unlawful by the Government according to the legislation in force. It also notes that under the labour legislation labour disputes are dealt with by the competent courts.
4. 76. The Committee notes, however, that these dismissals seem to affect a considerable number of workers employed in several undertakings. In this connection, the Committee considers that it would be useful to point out, as it has done in several other cases, that the development of labour relations could be impaired as a result of an inflexible attitude being adopted in the application of excessively severe sanctions to workers who participate in strike action. In the present case, the Committee feels that it would be useful if the Government were to take steps to promote a settlement of the dispute between these workers and their employers.

The Committee's recommendations

1. 77. In these circumstances, the Committee recommends the Governing Body:
   • (a) as regards the arrest of trade unionists, to note the release of these persons and to decide that this aspect of the case does not call for further examination on its part;
   • (b) as regards the dismissal of workers, to draw attention to the principles set forth in paragraph 76 above and to suggest to the Government that it take steps to promote a settlement of the dispute between the workers concerned and their employers.