Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report, as well as the comments made by the Turkish Confederation of Employers’ Associations (TISK), the Confederation of Turkish Trade Unions (TÜRK-IŞ) and the Confederation of Public Employees Trade Unions (KESK), which were attached to the report.

1. Equality of opportunity and treatment for men and women. The Committee notes the information provided by the Government, as well as TISK, on the various programmes, initiatives and campaigns to promote greater access of women and girls to education and training. According to the statistical information provided in the report, 46.8 per cent of secondary school students are girls. Efforts were made to increase accommodation and transportation facilitates for girls and boys with a view to increasing access to education. Women continued to benefit from active labour market measures offered by the Turkish National Employment Agency. The Committee also notes that gender equality and the promotion of women’s employment has been the subject of projects carried out in cooperation with the European Union. A legislative initiative is ongoing to provide for unpaid parental leave.

2. While welcoming these efforts, the Committee also notes with great concern that the rate of participation of women in the labour force has continued to decrease. According to the Government’s data, women’s labour force participation rate further decreased from 25.4 per cent in 2004 to 24.8 in 2005. The labour force participation rate of women with a university education decreased considerably between 2004 and 2005 from 17 to 14.2 per cent. The Committee notes that the seriousness of women’s situation in the labour market and the fact that women remain concentrated in agriculture and the informal economy has been acknowledged by the Women’s Employment Summit which took place in Istanbul in February 2006. The Committee notes that the Final Declaration adopted by the Summit sets out important proposals to move forward, including through the development of a long-term National Women’s Employment Policy to be implemented through annual action plans, enhanced social dialogue and the promotion of equal opportunity practices. The Declaration also calls for further measures to reduce female illiteracy and to increase women’s access to vocational training and higher education. The Committee requests the Government to provide detailed information on the measures taken to promote equality of opportunity and treatment of men and women in employment and occupation, including information on any measures taken in cooperation with workers’ and employers’ organizations to follow-up on the proposals made by the 2006 Women’s Employment Summit.

3. The Committee notes the communication of KESK dated 31 May 2006, which was received together with the Government’s report, stating that discrimination based on sex occurred in practice despite the existing legal provisions. Recalling its previous comments concerning the practical application and enforcement of the Labour Act’s equal treatment provisions, the Committee reiterates its request to the Government to provide detailed information on the measures taken by the Labour Inspectorate to monitor compliance with the Labour Act’s equal treatment provisions, as well as information on any relevant judicial or administrative decisions, including whether any sanctions have been imposed for non-compliance, as provided under section 5 of the Labour Act.

4. With regard to the Committee’s previous comments concerning the current restrictions on the wearing of head coverings by students in higher educational institutions, the Committee notes that the Government’s report provides no information in reply to the Committee’s specific requests. The Committee recalls its previous comments on this matter and reiterates its request to the Government to provide an assessment of the impact of the current prohibition for university students to wear head coverings on the participation in higher education of women wishing to wear a headscarf out of religious obligation or conviction. Please also provide information on the number of female students expelled from universities for wearing headscarves on university premises. The Committee urges the Government to take the necessary measures to provide this information in its next report.

5. Discrimination based on political opinion. In its previous observation the Committee trusted that the Government would ensure that journalists, writers and publishers are not restricted in the exercise of their employment or occupation because of political opinions expressed by them and requested the Government to provide information concerning cases involving convictions of persons exercising these professions under the Anti-Terrorism Act or the Penal Code. The Committee notes from the Government’s report that as of 20 June 2006 there were 1,068 cases against journalists, writers and publishers pending under the Anti-Terrorism Act or the Penal Code. Between 1 January 2006 and 20 June 2006, a total of 74 such cases had been adjudicated, two of which led to convictions imposing prison sentences (one of them suspended) and 37 convictions imposing fines. The Committee requests the Government to continue to provide detailed information on the number and outcomes of cases against journalists, writers and publishers, including a brief summary of the facts and specific charges brought. The Committee urges the Government to take measures, including legislative measures, to ensure that no journalist, writer or publisher is restricted in the exercise of their employment or occupation because of political opinions expressed by them.

6. The Committee further notes that according to KESK the practice of refusing to reinstate public employees prosecuted under articles 301 and 216 of the Penal Code and those disciplined for holding left-wing views continues unabated, despite court decisions to the contrary. Reference is made to two specific cases in which the Ministry of National Education had refused to reinstate employees despite the fact that court decisions against them had been annulled. KESK also states that employees sharing the religious views of the Government had been promoted at the expense of other employees. The Committee requests the Government to provide a reply with regard to the matters raised by KESK.

7. Article 3(d) of the Convention. Security investigations. The Committee noted previously that security investigations are required for persons to be employed in a very broad range of public institutions dealing with matters unrelated to state security, and which did not appear to be limited to checking criminal convictions but also whether the person had contact with the police or intelligence units. In this context, the Committee expressed concern that such security investigations may lead to exclusions from employment contrary to the requirements of the Convention, for instance due to having peacefully expressed political opinions. The Committee requested the Government to assess the extent to which security investigations had led to exclusions from the public service and the reasons thereof. In its report, the Government states that security investigations in public institutions are limited to those employees working in units holding classified information and that the assessments reached on the basis of security investigations can be challenged before the administrative courts. While noting this information, the Committee nevertheless reiterates its request to the Government to assess the extent to which security investigations have led to exclusions from public employment, and indicate the outcome of such assessment. In this context the Committee requests the Government to indicate the number of administrative appeals filed by persons excluded from public employment on the basis of security investigations and the outcomes of these proceedings.

The Committee is raising other points in a request addressed directly to the Government.