Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the Confederation of Turkish Trade Unions (TÜRK-İŞ), Confederation of Public Servants Trade Unions (MEMUR-SEN), Turkish Confederation of Public Workers Associations (Türkiye Kamu-Sen), and the Turkish Confederation of Employers’ Associations (TISK) communicated with the Government’s report. The Committee also notes the observations of the Confederation of Progressive Trade Unions of Turkey (DISK) received on 30 August 2025, the International Trade Union Confederation (ITUC) received on 17 September 2024 and 2 September 2025, and the Confederation of Public Employees’ Trade Unions (KESK), received on 31 August 2025, which concern issues examined in this comment. It also notes the Government’s reply to the 2024 ITUC observations. The Committee also notes the observations of the KESK received on 24 September 2025 which provide further details on allegations made in their earlier observations. The Committee notes the Government’s replies to the allegations of the DISK, the KESK and the ITUC.

Civil liberties. The Committee notes new information provided by the Government and the trade unions concerning previous allegations of violations of civil liberties in relation to the exercise of freedom of association, as well as new allegations submitted in the observations of the KESK, the DISK and the ITUC, all examined below.

Prosecution and restriction of freedom of movement of leaders of the Trade Union of Employees in Public Health and Social Services (SES). In its previous comment, the Committee had noted allegations concerning eight leaders of SES arrested in Ankara on 25 May 2021 and subsequently released, subject to travel ban and judicial control, as well as the trial of Ms Figen Colakoglu and Mr Zeki Seven, co-presidents of the local branch of SES in the city of Van for violation of the Law on Demonstrations. The Committee notes the observations of the KESK confirming that the 2021 court case involving Ms Selma Atabey, Ms Gönül Erden, Ms Belkis Yurtsever, Ms Bedriye Yorgun, Ms Rona Temelli, Mr Fikret Calagan, Mr Erdal Turan, and Mr Ramazan Tas is still pending. The KESK adds that travel bans are still in place concerning some of these union leaders and that the indictment relies on anonymous witness statements and lacks concrete evidence. The KEKS affirms that the proceedings have a chilling effect on the exercise of freedom of association. The Committee further notes the 2024 ITUC observations, alleging that although released following national and international solidarity campaigns, SES members and executives remain under constant threat of arrest. In its reply to the ITUC, the Government indicates that Ms Gönül Erden and Ms Selma Atabey were initially arrested by Ankara Security Directorate for activities within the Public Health Committee at the Social Area Centre affiliated with the KCK executive council of the PKK/KCK. A search conducted in Ms Gönül’s home led to the discovery of digital materials and books related to the organization. The Government indicates that the investigation file in this case is confidential by court order and the trial for charges of establishing and managing an armed terrorist organization under article 314/1 of the Turkish Penal Code is ongoing. It is for the judiciary to determine whether the actions at issue constitute trade union activity or a criminal conduct. The Government reaffirms that judicial proceedings concerning certain trade union members were not conducted on account of their trade union activities, but within the framework of independent judicial processes relating to alleged offences connected with terrorism. Measures such as travel bans, judicial control, detention and release ordered by the judicial authorities were taken based on the evidence in the case files and the relevant criminal legislation (e.g. section 314 of the Turkish Penal Code). As confidentiality orders apply in some investigations, details are not public; nevertheless, fundamental safeguards – access to the courts and, where applicable, the right of individual application – are fully available to the persons concerned. The Committee notes that neither the Government, nor the SES provide any updates concerning the cases of Ms Figen Colakoglu and Mr Zeki Seven. The Committee notes with concern that more than 4 years after the arrest and charging of the SES leaders in Ankara, the case against them has not yet been concluded and restrictions of movement remain in place for some. The Committee further notes that the announcement on 12 May 2025 of the dissolution of the PKK and the end of armed activities, which was welcomed by the Turkish Government, does not seem to have positively influenced the resolution of these cases. It also notes that the Government does not attribute any specific violent or armed activity to the trade unionists concerned. Concerning the two SES leaders prosecuted in Van, the Committee recalls that according to the KESK allegations, which were confirmed by the Government, the case concerned participation in a press conference as part of a one-day strike of health employees on 8 February 2022. The Committee recalls in this respect that the UN Security Council has defined acts of terrorism as “criminal acts, including against civilians, committed with the intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international organization to do or to abstain from doing any act” (Resolution 1566 (2004), para. 3). The Committee recalls that counter-terrorism laws and implementation measures should be restricted to the countering of conduct which is truly terrorist in nature, otherwise any restriction of human rights, including freedom of association and freedom of assembly, in the name of counter-terrorism will fail the tests of necessity and proportionality (Ten areas of best practices in countering terrorism, Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin, 22 December 2010, A/HRC/16/51, para. 26). Recalling that no one should be prosecuted for legitimate trade union activities, including participation in a peaceful strike or protest, and that the right to a fair trial includes the right to be tried without undue delay, the Committee urges the Government to ensure that the SES members and leaders in Van and Ankara are not prosecuted for legitimate trade union activities, and to take the necessary measures to ensure that their right to a fair trial, including the right to be tried without undue delay, is guaranteed. The Committee requests the Government to provide information in respect of the advancement of the proceedings and to send a copy of the judgments once issued.

New allegations of arrest, detention and criminal charges against trade unionists. The Committee notes the following new allegations concerning arrest, detention and prosecution of 14 trade unionists and the Government’s reply thereto:

• the KESK observations refer to the opening of a criminal investigation against Eğitim Sen executive board members Kemal Irmak, Zülküf Günes, Ramazan Gürbüz, Evrim Gülez, İzzet İldes, Özlem Tolu and Simge Yardim Dag, following the publication of a call for a one-day work stoppage on 25 March 2025 on the union’s social media accounts. The KESK alleges that the court issued an order banning the union leaders from leaving their residence for two weeks and subsequently ordered a judicial control measure requiring them to report weekly to the police headquarters. This measure was lifted in July 2025, but the case against the union leaders is still pending. Furthermore, Dr Levent Dolek, a member of Eğitim Sen, was arrested on 26 March, and was held in pretrial detention until 10 April. The first hearing of his trial on charges of violation of the Law on Marches and Demonstrations (No. 2911) was scheduled on 9–11 September 2025 in Istanbul. The Committee observes that the Government confirms the factual details provided by the KESK on arrest, release and trial of the trade unionists. The Government indicates that the prosecutor initiated an enquiry to examine whether the work stoppage complied with legislation governing essential public services and adds that full due process and the right to defence before an independent court are guaranteed;
• the KESK and the ITUC allege the arrests on 7 October 2024 of Mr Ismet Aslan, KESK CBA officer and a member of Sosyal-Is union affiliated to DISK, and of Messrs Yusuf Eminoğlu and Giyasettin Yiğit current and former members of Eğitim-Sen. All three were allegedly held in pretrial detention until 16 March 2025 and their trial is still ongoing. A travel ban order issued initially against the three, remains in force against Mr Aslan. The KESK states that the three unionists are prosecuted under the charges of membership in an illegal organization (section 314 of the Turkish Penal Code) and alleges that the indictment does not contain concrete evidence and the true reason of their being targeted is their being dissident trade unionists. The Committee notes that the Government confirms the arrest, subsequent release, measures of judicial control and the pending trial. The Government adds that all individuals concerned enjoy the right to defend themselves through legal counsel and can request modification of judicial control measures; and
• the ITUC alleges that Mr Remzi Çalışkan, vice-president of the DISK and President of the General Service Union, as well as Mr Kemal Göksoy, DISK Çukurova regional representative and Mr Serdar Ekingen, former Diyarbakir regional representative were arrested at their homes on 26 November 2024 on charges dating back 15 years. Mr Çalışkan was released one month later, while Messrs Göksoy and Ekingen remained in detention.

The Committee notes that the KESK and the ITUC allege that the measures against these trade unionists are related to their trade union responsibilities and activities. While noting the Government’s reply, the Committee requests the Government to provide detailed information on the grounds for the arrest and detention of the above-mentioned individuals and the charges brought against them, as well as the status and outcome of the judicial proceedings opened against each of them and to send copies of the judgments once issued.

Freedom of peaceful assembly and demonstration. The Committee notes the following observations of the DISK, the ITUC and the KESK alleging repression of peaceful protests:

• the DISK states that every year during May Day celebrations numerous individuals are detained and injured because of violent police attacks and use of tear gas. In 2024, around 100 persons were arrested at their homes a few days after May Day for having joined demonstrations;
• in its 2024 observations, the ITUC also refers to bouts of police violence occurring on May Day each year and states that KESK members and leaders were prevented from accessing Taksim Square and police forces violently broke down the demonstration using tear gas and rubber bullets and arrested 215 persons;
• in its 2025 observations, the ITUC alleges the occurrence of a violent police intervention on 2 July 2024 against a press conference organized by the private sector teachers’ union (Öğretmen Sendikasi) in front of the Ministry of National Education in Ankara, during which numerous union members were beaten down and 25 teachers were detained;
• the ITUC further alleges that during the 2024 DISK/Dev Yapı-İş protests relating to the construction sector, union members and leaders were repeatedly arrested by the police and subjected to short-term detentions;
• the KESK alleges that on 20 December 2024, the police intervened in the public gathering organized by the KESK, DISK, the Union of Chambers of Engineers and Architects, and the Turkish Medical Association in relation to the Parliament’s annual budget discussion. The unions called for expanded budget allocations for public services such as education, health and energy and demanded fiscal justice. The police arrested Mr Deniz Keleş, a member of Bureau Officers Union. The Government indicates in this respect that Mr Keleş was taken into custody for identity verification and was released shortly thereafter.

The Committee notes that the Government has provided the following responses to the 2024 ITUC observations. Taksim Square is excluded as a venue for all public gatherings due to high pedestrian and vehicular traffic, challenges in security management, and the potential risk to public safety. The Government indicates that on 1 May 2024, 260 individuals, who attempted to gather illegally at Taksim Square injured 28 security personnel and were subsequently prosecuted for various offences, including “violating Law No. 2911, resisting law enforcement, propaganda for a terrorist organization, damaging public property, and intentional assault”. Additionally, in protests held in three provinces (Aydın, Kahramanmaraş, and Tunceli), nine individuals were charged with terrorist propaganda, bringing the total number of individuals facing legal action to 269. The Government adds that meanwhile, an event organized by the DISK and KESK was held at Saraçhane Park, where ten thousand participants gathered peacefully without any intervention. Concerning the protests organized in relation to the legislative discussion on “Teaching Profession Law”, the Government indicates that between 17 May and 29 July 2024, various trade unions organized 255 demonstrations in 77 provinces. In Ankara, during three protests attempted in front of the Ministry of National Education, 39 individuals were detained for violating the law, resisting public officers, and refusing to disperse. Legal action was taken against them for violating Law No. 2911 and resisting law enforcement. More generally, the Government indicates that the protection of freedom of assembly is continuously reaffirmed in Türkiye, both in practice and in judicial rulings. The limited cases of intervention in demonstrations concerned unauthorized marches or actions subject to prohibition orders under Law No. 2911. Most interventions concluded peacefully and only individuals persisting in unlawful activity faced legal action. The objective was to maintain public order, and the Government remained committed to ensuring that such measures did not impair trade union freedom. The Committee notes that according to the Government, 269 persons were arrested on May Day in 2024 and had to face “legal action” in relation to their participation in demonstrations and that in the confrontation between the police and the demonstrators in Taksim Square in Istanbul, 28 police agents were injured. It also notes that pursuant to the KESK and the ITUC, a few demonstrators were also injured in confrontations with the police. Concerning the demonstration in front of the Ministry of National Education in Ankara, the Committee notes that 39 individuals were arrested and prosecuted for having resisted law enforcement and refusing to disperse. Regarding May Day in 2025, the Government indicates in its reply to the ITUC observations that generally, celebrations took place nationwide without incident. However, outside the designated celebration areas, groups attempting to hold unauthorized demonstrations were not permitted by the security forces. In this context, 418 persons who attempted to stage unauthorized demonstrations were detained; 374 of them were released after their statements were taken; 36 persons referred to the prosecutor’s office and then to the court were released under judicial control; and judicial proceedings continue in respect of 8 persons apprehended as fugitives in connection with terrorist offences. The Committee requests the Government to ensure that the intervention of law enforcement forces in public meetings of trade unions remains strictly proportional to the violation of the law and public order and no excessive force or violence is used against demonstrators. It further requests the Government to ensure that no workers are arrested and prosecuted merely for participating in a peaceful protest in pursuit of their occupational interests, or in relation to general social or economic policies affecting their interests. The Committee requests the Government to provide information on the status of the proceedings against the demonstrators arrested on May Day in 2024 and 2025 and indicted subsequently, as well as on the outcome of the trial of 39 individuals arrested in Ankara for demonstrating in front of the Ministry of National Education.It finally requests the Government to respond specifically to the ITUC observations concerning the repression of construction sector union demonstrations, and the allegations submitted by the DISK and the KESK concerning violent police interventions and arrests in union demonstrations.

Right to an effective remedy and to a fair trial of the members and leaders of the unions dissolved under the State of Emergency Decree-Laws. With reference to its follow-up to the recommendations of the Tripartite Committee (representation made under article 24 of the ILO Constitution), the Committee requested the Government to take specific measures to ensure that a full, independent and impartial review is made with regard to the cases of all the persons who suffered from reprisals, retaliatory acts and dismissals for their membership in the unions dissolved under the state of emergency, regardless of whether they had applied to the Inquiry Commission, and to provide information on the number of imprisoned members and leaders of the same unions and the status and outcome of any judicial cases against them. The Committee notes the Government’s indication that the Inquiry Commission on State of Emergency Measures constituted an effective domestic remedy. Additionally, members of dissolved unions have the right to lodge individual applications before the Constitutional Court, and many have used this remedy. After exhaustion of domestic remedies, they may also apply to the European Court of Human Rights. The Government concludes that the national legal system provides a multi-layered system of review and appeal, ensuring that no claim remains beyond judicial scrutiny. Mere membership in a trade union has not been a ground for dismissal or sanctions and decisions were based on evidence of the role and activities of the relevant union and its members with the FETÖ/PDY organization. Criminal trials of certain union members and leaders were public, sometimes in presence of national and international observers. The courts based their rulings on concrete evidence such as bank records of the unions concerned and records showing the use of encrypted messaging applications by their administrators. The Government affirms that only acts constituting membership in the FETÖ/PDY “terrorist” organization were prosecuted, not trade union activities. The Government indicates that in line with the recommendations of the ILO Tripartite Committee, it continues to carefully review the cases of all individuals alleging victimization due to their trade union activities during the state of emergency. The Government further indicates that most allegations of victimization have been duly addressed through the effective work of the Inquiry Commission and the subsequent judicial review processes and tens of thousands of individuals have been reinstated to their positions and their reputations restored. The Committee notes that the Government indicates that it continues to review the cases of all individuals alleging victimization due to their trade union activities but does not provide the information requested concerning the number and status of the imprisoned members and leaders of dissolved trade unions. The Committee urges the Government to provide detailed information on: (i) the cases of previous members of the dissolved Aksiyon-İş Confederation and its affiliates who were reinstated in their positions and whose reputations were restored pursuant to the decision of the Inquiry Commission or the subsequent judicial review processes; (ii) the number of registered appeals to the Constitutional Court and other national judicial bodies submitted by previous members of Aksiyon-İş Confederation and its affiliates concerning allegations of retaliation, reprisal and dismissals for membership in dissolved unions; and (iii) the cases of leaders and members of Aksyon-Is and its affiliates who were criminally prosecuted, the status of the criminal proceedings against them and the sentences delivered.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Senior public employees, magistrates and prison staff. The Committee recalls that for a number of years it has been requesting the Government to amend section 15 of Law No. 4688 which excluded the above-mentioned groups from the right to organize. The Committee notes in this respect the MEMUR-SEN indication that according to the 2025 public servants’ trade union membership statistics, published by the Ministry of Labour and Social Security, out of 4 million public servants, approximately 1 million are prohibited from joining and establishing trade unions. The MEMUR-SEN affirms that the exclusions of section 15 have been challenged before the Constitutional Court and several times the Court has issued annulment decisions allowing certain public servants falling under this provision to join trade unions. Most recently, in its decision dated 13 September 2023, the Court allowed heads of departments, deans of faculties, directors of institutes and vocational schools and their deputies to join trade unions. Earlier similar decisions of the Constitutional Court concerned “personnel included in other service classes within the police force” (2014) and “civil servants and public officials employed in the Ministry of National Defence and Turkish Armed Forces” (2013). The MEMUR-SEN affirms that despite the amendments following the Constitutional Court rulings, section 15 still imposes too many restrictions on the right to organize of public servants. The Committee notes that the Government reiterates in this respect that the Constitution and national legislation grant all public officials the right to establish and join trade unions; however, individuals working in strategic, security-sensitive, or high-level policymaking positions – such as the armed forces, law enforcement, intelligence services, and posts involving the handling of highly confidential roles – are excluded from this right. The Government also indicates in its reply to the KESK observations that the restrictions contained in section 15 of Act No. 4688 are lawful, narrowly defined, and consistent with the permissible exceptions allowed under international labour law, and that the scope of trade union membership for public servants in Türkiye has been progressively expanded, not restricted, over time.

Locum workers (teachers, workers, midwives), public service workers engaged without formal appointment to a position and retired public servants. In its previous comments, the Committee requested the Government to review the legislation to remove the exclusion of these categories of workers from the right to join public service trade unions. The Committee notes the observations of the MEMUR-SEN indicating that Law No. 4688 limits the right to organize to currently serving public servants, thereby excluding retired officials. Judicial rulings, including a ruling of the Court of Cassation ordering the dissolution of a union founded by retired public servants have confirmed this. The Government confirms that the Law reflects the legislative intent to link the right to establish and join trade unions to “active public service status” and indicates that section 2 of Law No. 4688 excludes employees working under “worker status”. According to the Government, individuals engaged without formal appointment to an established position, as well as retired public servants, are not covered by the legal definition of “public employee” for trade union purposes and hence do not enjoy the right to join public servants’ unions. The Committee recalls that legislation should not prevent former workers and retirees from joining trade unions, if they so wish, particularly when they have participated in the activity represented by the union (2012 General Survey on the fundamental Conventions, para. 71). The Committee notes that since 2012, the Constitutional Court has gradually expanded the scope of the right to organize to several groups of public servants initially excluded in section 15 of Law No. 4688. However, senior public employees, magistrates and prison staff remain excluded pursuant to this provision. The Committee further notes that the concept of “public servant” is interpreted in a restrictive manner, comprising only “active public service status”, excluding large groups of workers engaged without formal appointment to a position – referred to by the Government as employees working under “worker status” – and retired public servants. The Committee notes with concern that pursuant to the MEMUR-SEN observations, in practice 25 per cent of the workforce in public service is excluded from the scope of the right to establish and join unions and recalls that the exclusion of senior public employees, magistrates, prison staff, locum workers, public service workers engaged without formal appointment, and retired public servants from this right is contrary to Articles 2, 8(2), and 9(1) of the Convention.

Therefore, the Committee once again urges the Government to take necessary measures to amend Law No. 4688 to end the exclusion of senior public employees, magistrates, prison staff,locum workers, public service workers engaged without formal appointment to a position and retired public servants from the right to establish and join organizations. It requests the Government to provide information in this respect.

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes. Suspension and prohibition of strikes. The Committee notes the Government’s indication that in 2024, four strike were postponed by a presidential decree, adding that in all four cases collective agreements were subsequently concluded. The Committee further notes the DISK observations, indicating that postponement of strikes by presidential decree pursuant to section 63 of Law No. 6365 has the effect a prohibition, since the law does not allow strike action after the expiration of the 60 days’ postponement. The DISK provides detailed data on strikes “prohibited by Presidential Decree” since 2019 in various sectors. The Committee notes that most of these strikes were allegedly suspended on national security grounds and that they concerned transportation, chemicals, metal and mining sectors. It notes that the 2025 presidential decree concerned a strike planned in four State-owned mines, and the 2020 strike that was suspended due to “general health and national security” grounds concerned a company producing substances used in the composition of detergents. The Committee recalls that strikes can be suspended only in essential services in the strict sense of the term, namely services the interruption of which would endanger the life, personal safety or health of the whole or part of the population; for public servants exercising authority in the name of the State, or, in the event of an acute national crisis. The Committee requests the Government to provide its comments in this respect.

Article 4. Dissolution of trade unions. In its previous comments, the Committee had urged the Government to comply with the recommendations of the Tripartite Committee (representation made under article 24 of the ILO Constitution) about the situation of trade unions dissolved pursuant to Decree-Law No. 667, namely, to take the necessary measures to ensure that the dissolution of those trade unions is reviewed through the normal judicial procedures, which should also enable those unions to be fully represented to defend their case. The Committee notes the Government’s indications, citing the example of one of the dissolved unions, the Active Educators’ Union (Aktif Eğitim-Sen), whose application to the Inquiry Commission for the annulment of the dissolution decision was rejected. According to the Government, the Inquiry Commission established that the union had been founded upon instructions from the FETÖ/PDY terrorist organization, had provided financial support to this organization, and most of its leaders maintained active links with the terrorist structure. The Government affirms that this conclusion was further supported by the fact that 303 union leaders and representatives had already been convicted of FETÖ/PDY membership, and more than 40 others remained under ongoing criminal investigation. The Government further indicates that criminal prosecutions concerning the leadership of the Aksiyon-İş and Cihan-Sen Confederations revealed their organic ties with illegal structures and concludes that although the dissolution measures were initially adopted as administrative acts, their substantive basis was later confirmed through judicial proceedings. The Committee notes the Government’s indications and once again recalls that the dissolution and suspension of trade union organizations constitute extreme forms of interference by the authorities in the activities of organizations and should therefore be accompanied by all the necessary guarantees. This can only be ensured through a normal judicial procedure, which should also have the effect of a stay of execution (2012 General Survey, para. 162). The Committee draws the Government’s attention to the fact that the object of the criminal trial of leaders and members of a trade union is the examination of those individuals’ conduct, not the dissolution and termination of existence of the union as an organization. To ensure conformity with Article 4 of the Convention, the administrative decision of dissolving a union should be itself the object of a judicial review presenting all guarantees of due process. Furthermore, any sentences passed on trade unionists based on the ordinary criminal law should not cause the authorities to adopt a negative attitude towards the organization of which these persons and others are members. Therefore, the conviction of certain trade union leaders or members in criminal proceedings does not amount to the judicial review and upholding of the administrative decision to dissolve the organization. In view of the above, and noting that the Government has not yet complied with the recommendations of the Tripartite Committee in this respect, the Committee once again urges the Government to take all necessary measures to ensure that the trade unions dissolved pursuant to Decree-Law No. 667 would be able to have their dissolution reviewed through normal judicial process and to provide information on the steps taken in this respect.