Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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

Articles 1 and 2 of the Convention. Discrimination based on political opinion. The Committee recalls its previous comments concerning the application of the Anti-Terrorism Act or the Penal Code in cases involving journalists, writers and publishers expressing their political opinions. Noting that the Government has provided no information, the Committee requests the Government once again to provide 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 also requests the Government to provide information on any measures taken, 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.

Article 2. Equality of opportunity and treatment of women and men. The Committee notes from ILO statistical data that the rate of economically active women (15 years of age and more) further declined to 24.5 per cent in 2008 (24.8 per cent in 2005). By comparison the activity rate for men was 70.1 per cent in 2008 (72.2 per cent in 2005). The Committee notes that between 2001 and 2008 there was a decline of economic activity of women younger than 20 years of age and of women older than 45 years of age. The decline of economic activity of younger women, which coincides with their increasing participation in education, has translated into some increases of economic activity of women between 20 and 45 years of age. The Committee notes that according to the Government’s report the enrolment rate of girls in secondary school was 55.8 per cent in 2007–08, compared to 61.1 per cent for boys for the same period.

The Committee welcomes progress towards equal opportunities of men and women in education, but notes with concern the continuing overall low level of participation of women in the labour market, and particularly the decline of the activity rate of women older than 45 years of age. In its previous observation, the Committee requested 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. The Committee notes that the Government’s report refers to the equal treatment provisions of the Constitution, the Labour Code and the regulations governing active labour market programmes; that 13,123 unemployed women and 30,418 unemployed men have participated in training courses and integration programs organized by the Turkish National Employment Agency; the preparation of legislative amendments regarding paternity leave which the Committee already noted in 2007; and efforts to analyse the situation of women in the labour market in the context of the European Employment Strategy. The Committee notes that the Government has provided very little information on practical and promotional measures to promote women’s equality of opportunity and treatment in practice and that no information was provided on the follow-up to the Women’s Employment Summit held in Istanbul in 2006, or any related collaboration with workers’ and employers’ organizations. The TISK refers to 24 projects to assist unemployed women and youth to acquire vocational skills and experience submitted in April 2008 under a scheme financed by the European Union. The TISK also states that as a corollary to the National Employment Strategy the National Employment Policy for Women needs to be implemented. TÜRK-IŞ considers that the vocational training institutions at the provincial level did not function satisfactorily. Noting that overcoming the persisting inequality between men and women in the labour market will require proactive policies and measures, the Committee requests the Government to provide more detailed information on the practical measures or projects implemented to promote women’s equal opportunities and treatment in employment and occupation, including specific measures targeting women in rural areas and women over 45 years of age. The Committee requests the Government to provide information on any measures taken to follow up on the 2006 Women’s Employment Summit, including the steps taken to cooperate with the social partners. Further, the Committee reiterates its request to the Government to provide detailed statistical information on the situation of men and women in the labour market, including their participation in the various sectors and occupations.

In its previous comments, the Committee requested 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 headscarves out of religious obligation or conviction. In this regard, the Committee asked the Government to provide information on the number of female students expelled from universities for wearing headscarves on university premises. In reply to these comments, the Government indicates that it was not in a position to provide such information. The Committee recalls its previous comments in which it has point out that, while the existing prohibition of head coverings includes all forms of coverings and applies to men and women, this measure may have a discriminatory effect on women with regard to their access to university education. The Committee therefore reiterates its request to the Government to obtain and provide information on the number of female students expelled from universities for wearing headscarves on university premises, and to report on the measures taken to assess and review this matter.

Articles 1, 2 and 3. Legal protection from discrimination in respect of recruitment and selection. The Committee recalls that section 5(1) of the Labour Code prohibits any discrimination based on language, race, sex, political opinion, philosophical belief, religion and sect or similar reasons in the employment relationship. In its previous comments the Committee has concluded that this provision does not prohibit discrimination at the recruitment stage. However, the Committee has noted that section 122 of the Turkish Penal Code, which entered into force in 2005, provides that a person, practising discrimination on grounds of language, race, colour, sex, disability, political opinion, philosophical beliefs, religion, creed or other grounds, who makes the employment of a person contingent on one of these grounds or who prevents a person from carrying out an ordinary economic activity shall be sentenced to imprisonment for a term of six months to one year or a judicial fine. The Committee notes that as indicated by the Government there has been one case invoking section 122 of the Penal Code. Recalling that under the Convention, there is an obligation to address discrimination in respect of access to employment, including recruitment and selection, the Committee requests the Government to continue to provide information on the number, nature and outcome of criminal proceedings under section 122 of the Penal Code to allow the Committee to ascertain whether effective protection from discrimination at the recruitment stage is available under the existing legislation. The Committee also requests the Government to indicate whether persons considering themselves victims of discrimination in recruitment can bring complaints under section 122 of the Penal Code and whether they can obtain compensation or other remedies.

Enforcement of section 5 of the Labour Code. In its previous comments, the Committee noted that according to trade union comments it had received, discrimination continues to occur in practice, despite the equal treatment clause set out in section 5 of the Labour Code. In reply to the Committee’s request for information on the measures taken by the labour inspectorate to monitor compliance with these provisions, the Government generally states that compliance with section 5 is being considered in the context of inspections and that an individual application can trigger an inspection. However, the data provided do not indicate whether any of the inspections carried out or fines imposed involved issues under section 5 of the Labour Code. The Committee requests the Government to provide information on whether the labour inspectorate has dealt with any cases under section 5 of the Labour Code and it reiterates its request to the Government to indicate whether the courts have decided any such cases. Please indicate the number, nature and outcome of such cases.

Articles 1, 2 and 3(d). Application of the Convention in the civil service. The Committee recalls the concerns expressed by the Confederation of Public Employees Trade Unions (KESK) that the legislation covering public employees was lacking non-discrimination provisions, indicating that the general protection against discrimination based on sex available under article 10 of the Constitution was insufficient. The KESK referred to instances of discriminatory job announcements and unequal access of women to managerial positions in the civil service. In reply to the Committee’s previous comments regarding this matter, the Government states that civil servants are nominated according to the result of a centralized examination throughout the country. Interviews are only conducted for a limited number of positions, which, in the Government’s view, reduce the possibility of discrimination. Further, the Government asserts that there is no gender discrimination as regards appointment to higher level positions. While noting this information, the Committee trusts that the Government will take swift action to address any allegations of discrimination in the civil service. It also requests the Government to provide detailed statistical information on the participation of men and women in the examinations for different branches and positions in the civil service, the actual number of appointments made after interviews and the measures taken to promote equal opportunities for men and women, including measures to allow men and women to reconcile work and family responsibilities.

The Committee further recalls its previous comments in which it expressed concern that security investigations may lead to exclusions from civil service employment contrary to the requirements of the Convention, for instance due to having peacefully expressed political opinions. Noting that the Government failed to provide the information requested by the Committee in this regard, the Committee once again requests 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.