EGITIM-SEN EDUCATION UNION FACES CLOSURE DUE TO

C O N F I D E N T I A L ANKARA 006837

SIPDIS

DRL PLEASE PASS TO DOL ILAB BILL BRUMFIELD

E.O. 12958: DECL: 12/10/2014
TAGS: ELAB PHUM PGOV TU
SUBJECT: EGITIM-SEN EDUCATION UNION FACES CLOSURE DUE TO
BYLAW CLAUSE SUPPORTING MOTHER TONGUE INSTRUCTION

REF: 03 ANKARA 728

Classified By: (U) Classified by Political Counselor John Kunsdtadter u
nder E.O. 12958, reason 1.4 (b) and (d).


1. (U) Summary: Turkish Education and Science Workers Union
Egitim-Sen faces opposition from the Ministry of Labor and
Social Security, the Turkish General Staff and the Ankara
governor's officer over its refusal to delete a clause in the
union's bylaws supporting mother tongue education. While the
GOT has permitted a few private Kurdish-language schools to
open (reftel) nationalist-statists choose to interpret the
bylaw as raising the specter of Kurdish language education in
public schools, which many in the Turkish state, government
and public assert would be a significant step toward a
separate Kurdish state. A Court of Appeals hearing could
result in the Union's final closure just as the European
Union is considering the extent of Turkey's progress on a
variety of human rights issues. End summary


2. (U) Egitim-Sen, which has more than 200,000 teacher and
science worker members in 100 branches throughout the
country, faces possible closure over a phrase in its bylaws
that "defends (the right of) persons to get (an) education
and develop their culture in their mother tongue." Organized
in 1989, Egitim-Sen had its bylaws approved as submitted to
the MOLSS. When the Turkish Parliament revised the Public
Workers Law in 2001, the MOLSS and the TGS, through the
Ankara governor's office asked Egitim-Sen to revise its
bylaws to conform to the new regulation.


3. (U) Refusing to change the original bylaws led to
prosecutors bringing a case against the union for having a
clause in its bylaws that violated the Constitution as well
as the Law on Public Servants Trade Unions and a preliminary
hearing was conducted in July 2004. While the GOT has
permitted some private Kurdish-language education schools to
open in the Southeast (reftel),the bylaw raises in the minds
of nationalist-statists the specter of public schools
offering Kurdish-language education. Many in the Turkish
state, GOT and the public assert this development would be a
significant step toward a separate Kurdish state. The case
went to trial in the Labor Court in September where the judge
determined the union had not violated any laws. The Court of
Appeals overturned this and returned the case to the lower
court. A hearing is scheduled for December 10; possible
outcomes include the Court of Appeals affirming the first
decision that Egitim Sen had not violated any laws or it can
close the union.


4. (C) Egitim-Sen asked for support from both AKP and CHP,
but Egitim-Sen President Alaaddin Dincer alleges that the
political parties are reluctant to support the union because
of the TGS position against the clause. Egitim-Sen has
already heard rumors that various unnamed onlookers are
congratulating the presiding judge for his decision, although
it is not known what that is. Union interlocutors say the
State does not want to concede this issue because the
language issue is one that is perceived to be important to
the unity and integrity of the state. Nevertheless, the
Egitim-Sen leadership believes this is an issue of
conscience. The union admits its position puts it in direct
conflict with the current government, but feels Parliament
could resolve the problem by issuing a simple one-article
declaration supporting the clause. Echoing sentiments we
heard from various unions across the political spectrum,
Turkish Confederation of Employer Associations Secretary
General Bulent Pirler said it would be wrong to close a union
and asserts (with no further information) that at some point
in the near future Parliament will quietly rewrite the Public
Workers Law to accommodate Egitim-Sen.


5. (C) The discussion over mother tongue education is
occurring at a time when the EU accession process has
exacerbated tensions about minority rights. While the bylaw
article was not originally written to accentuate Kurdish
issues, in the current environment the Turkish state prefers
to interpret it to imply support for a Kurdish separatist
movement. TGS insists on compliance with its interpretation
of the Constitution.
EDELMAN