The terms of reference of the mission were defined according to a Resolution on Turkey adopted by the EFJ Annual Meeting in 2001 and by decision of the IFJ Administrative Committee in March 2002. The mission objectives were as follows:
a) Professional rights
* To investigate the professional conditions of journalists and media staff, including the conditions for editorial independence and freedom of expression;
* To examine the level of respect of human rights in the country and media staff and the plight of journalists in jail or facing prosecution;
* To inquire into the impact of security regulations, the criminal code, and press laws on the work of journalists
b) Social and trade union rights
* To investigate thoroughly the social conditions and trade unions rights of journalists and media staff and how they are respected;
* To examine, in particular, problems related to concentration of media ownership and relations with media owners and the impact on industrial relations of labour law;
* To inquire into relations between journalists groups and other trade unions in the media sector.
The mission discussed these issues with representatives of the authorities, media owners and with other relevant experts and with IFJ/EFJ affiliates and other trades unionists. This report, including recommendations for follow up actions to be taken by the IFJ and EFJ, is we believe an important contribution to the support of journalists and media trades unionists in Turkey. During the visit the mission also put in place practical arrangements for the implementation of the IFJ Trade Union Development Project for Turkey.
The mission members were:
Gustl Glattfelder (German Journalists' Federation),
Senior Vice President of the IFJ and Chair of the EFJ Steering Committee
Arne Konig (Swedish Journalists Federation)
Manfred Protze (Verdi, Germany) and
Barry White (National Union of Journalists of Great Britain and Ireland).
The mission members wish to acknowledge the support and assistance of the Journalists' Union of Turkey the Türkiye Gazeteciler Sendikasi (TGS) in their work. The mission visited Istanbul and Ankara. A copy of the programme is attached as Appendix A and a list of representatives and organisations met is at Appendix B. Examples of press coverage given to the delegation is attached at Appendix C. A copy of the briefing note prepared for the mission by the TGS is attached as Appendix D.
Background: Journalists' Union of Turkey (TGS)
Türkiye Gazeteciler Sendikasi (TGS) is the only trade union with the authority to negotiate collective agreements for journalists in Turkey. TGS is a member of TÜRK-İŞ (The Confederation of Turkish Workers Trade Unions) and the IFJ.
According to its constitution, TGS aims at protecting and promoting the economic and social rights and interests of its members at work. TGS is strengthened by laws in support of social, economic and democratic rights based on the Universal Declaration of Human Rights. The union is committed to Atatürk's (the founder of the modern Turkish state) principles.
By law the union can only recruit journalists as defined under Law 212. If a media employer does not provide a contract under this law (and most only fulfil the necessary quota as they find the terms of the law too 'generous' to journalists), the employee is unable to obtain a press card (i.e. the yellow card) and cannot join the TGS. The union is limited in its potential to build its membership by this legal restriction.
The mission found that, according to Turkish law, journalists working for newspapers, periodicals, news and photography agencies and news departments of radio and television companies do have the right to join the TGS. However, in addition to Law 212, the threat of victimisation and dismissal discourages union membership.
Until the 1990s, the TGS could negotiate collective agreements with most of major newspapers. Collective bargaining was carried out with Türkiye Gazete Sahipleri Sendikası (the Turkish Newspaper Owners Trade Union). However, at the beginning of 1990s, workers of two major newspapers, Hürriyet and Milliyet, resigned from the union because of pressure from the employer (Aydın Doğan).
Hostility from employers meant that some workplaces where there had been union organisation (including, for example, Tercüman, Güneş, and the privately owned UBA news agency) were closed down. Union organisation was not possible in newspapers (Star, Radikal, and others) nor in radio and television companies which began their publication and broadcasting lives later on. The Sabah group and other media groups have never permitted union organisation.
According to official statistics issued by the Ministry of Labour and Social Security there are approximately 9,800 workers in the journalism sector and the number of registered members in TGS is 3,398. However, the number of active members of TGS is about 1,000. The number of journalists who actually have unfettered access to union rights is hardly 5 per cent of the total number of journalists in the sector (about 450-500 people).
This social crisis was strongly emphasized in a meeting with members of the Progressive Journalists Association. This organisation represents 'unregistered' journalists and media workers who are forbidden by Law 212 to belong to the TGS. It was estimated that up to 4,800 journalists and media workers lost their jobs in 2001.1 Many media employers used the downturn in the economy as an excuse to dismiss staff. Last year saw the country's worst economic crisis in a generation, with inflation reaching 88.6% and an unpopular restructuring programme backed by the IMF and the World Bank bailout. This crisis has had a profound effect on the confidence and morale of unemployed journalists and media workers, leading to many cases of destitution and despair.
The mission members put many of these points to the Minister of Labour, Yasar Okuyan, himself a former 'sacked' journalist. He acknowledged the lack of job security suffered by journalists, especially those not registered under Law 212 and subject to the general 'protection' under more general social legislation. However, it remains to be seen if changes will be brought about.
At present the TGS has the authority to undersign collective agreements with the semi-official news agency Anadolu Ajansı, the privately owned ANKA news agency and independent Cumhuriyet newspaper. Of these, ANKA and Cumhuriyet have serious economic problems which means that current collective agreements are not implemented. Negotiations on a new agreement could not be started in Cumhuriyet. In reality, the only workplace where a collective agreement can be signed and from where union membership fees can be collected is Anadolu Ajansı.
Although the TGS has members in other workplaces in journalism, collective agreements cannot be negotiated. The reason is that collective bargaining is only obligatory at a workplace where the union organises more than 50 per cent of the staff. Additionally, the only source of revenue for the TGS are membership fees collected from members and, because these are limited, the union finds it difficult to finance union activities.
Press Freedom and Professional problems
From discussions with representatives of the TGS, other journalists bodies, individual journalists, and human rights organisations, lawyers and academics, the delegation uncovered a wide range of legal provisions that restrict press freedom, the right to report, freedom of expression and the exercise of fundamental human rights.
Examples of harassment and arrests, closure of publications and outlets by the authorities in addition to detention and imprisonment were also given. The Turkish Human Rights Association says that Turkish law and regulations (including so called Anti-Terror Laws) contain more that 300 provisions constraining freedom of expression, religion, language and association.
Another restriction on press freedom is the concentrated pattern of media ownership. The TGS says that 'conglomerate' media limit reporting and coverage of sensitive issues. Media practice self-censorship and, in the absence of an organised union, the role of the investigative journalist is weakened. As well as legal restrictions, some media executives filter news coverage on behalf of media owners, undermining journalists reporting anything that may be in conflict with the commercial interests of the company.
Nevertheless, many newspapers, periodicals and radio and television outlets undertake independent journalism in Turkey. Many newspaper journalists, which are in close contact with the government and have high circulation, do make important investigations. Nevertheless, the TGS reports that 'even these journalists who are devoted to professional ethics fail to eradicate the effects of "contamination" which has stained the Turkish media scene and is characterised by a manipulative editorial policy in line with the interests of the media bosses and of "the relations between media bosses and politicians."
Given the current media landscape tinkering with the law is not enough to guarantee that Turkey can meet the commitments undertaken in support of its application for membership to the European Union. The measures taken so far, including some amendments to law and the Constitution by governments to strengthen freedom of the press, freedom of expression and fundamental human rights are insufficient.
The Law and its Impact on Journalists
No-one knows exactly how many journalists are currently in prison because of 'press offences'. Of those in jail, some have been sentenced for what they wrote and some for different or 'various offences'. Most charges filed against journalists are based on articles 7 and 8 of the Law on Struggle Against Terrorism, which includes "membership of an illegal organisation" or "illegal organisation propaganda." Other laws used against journalists are article 159 of the Penal Code, covering the offence of "insulting and belittling the state's military or security forces" and article 169 of the Code, covers the offence of "aiding and harbouring illegal organisation".
Under these laws it is possible to sue journalists and editors with their writings and broadcasts being used as evidence of "aiding illegal organisations". Those sentenced for these offences are described as "terror criminals" under the Law on Struggle Against Terrorism.
The TGS says currently at least 10 "alleged" journalists are in prison due to various 'offences'. These include the publicly known writer-journalist, intellectual, Fikret Başkaya. In addition, the TGS has established that from the beginning of 2001 to April 2002, lawsuits have been brought against 13 journalists for various offences and their trials are continuing. Four journalists have been acquitted. In year 2001 charges were filed against 38 authors over 44 books published by 23 different publishing houses. In addition, distribution of some newspapers and periodicals is still banned within the Region of Extraordinary Conditions (OHAL), i.e. the Kurdish part of Turkey.
The fact that many journalists were sentenced because of the legal provisions' lagging far behind European Union standards has forced governments to issue "parole" laws covering journalists. Such a law was passed in 1999 and most of the journalists in prison were released. However, some remain in detention.
Efforts to Adjust to European Union
Despite the amendments made to the Constitution, the Turkish Penal Code, the Law on Struggle Against Terrorism and the Press Law in 2001 and 2002, all of them to try to meet European Union standards, have been welcomed by the TGS and others, there is still a long way to go to meet the needs of a democratic society.
Amendments made to the Constitutional articles concerning "fundamental human rights", "freedom of expression" and "freedom of press" last year included the abolition of the 'language ban'. The amendments to article 26 concerning "the freedom to express and disseminate opinion" and article 28 concerning "press freedom" of the Constitution abolished the provision that "publication and broadcasting cannot be made in a legally prohibited language".
However, some provisions remain within these laws which provide constitutional grounds for imposing broadcasting and publication bans and confiscating publications.
A number of other reforms were introduced. The imprisonment periods in article 7 of the Law on Struggle Against Terrorism were reduced. However, the new arrangement in article 8 of the Law on Struggle Against Terrorism increased fines to amounts ranging between 1 and 3 billion Turkish Liras. In addition, a provision was added to that article so that the media owner would be fined as well. It also provided that the directors in charge would be sentenced to imprisonment. Where the 'offence' is committed on radio or television, not only do those in charge and directors face prison, the broadcasting company can be banned from broadcasting for a period of up to 7 days.
The mission was also informed that the coalition government was proposing to push through parliament a controversial media bill which critics say clashes with the constitution and the country's commitments to the European Union.2 The bill, which is opposed by the TGS and other journalists' organisations, had been already adopted by a parliamentary committee earlier in April, would remove a ban on media owners' rights to bid for lucrative government contracts. According to the Financial Times of 25 April the law, if passed "would set back Turkey's bid to join the EU, by tightening rather than liberalising restrictions on freedom of expression. The draft bill retains an effective ban on Kurdish-language broadcasting that Turkey had undertaken to lift by the end of last month. It also bans media from airing 'pessimism'. Lawyers say this could be interpreted to mean anything - including "criticism of the unpopular three-party coalition..."
The IFJ/EFJ representatives raised this matter during a meeting with parliamentarians some of whom expressed concern about the proposals and the increased power and influence this would give media owners.3
Social and Trade Union Rights
In the view of the TGS recent legal amendments are not enough for the creation of a democratic society on the western European model. The process of democratisation must be based they say on human rights and freedom of thought and, at the same time, should aim at achieving a balance between workers and employers in industrial relations, with laws to protect workers against employer exploitation.
For journalists, the capital structure and concentration of media ownership and the working conditions and lack of job security under which the majority of media workers operate, constitute significant obstacles to the exercise of freedoms of press and expression and human rights.
Media Ownership and Relations with Media Owners
The fact that there are over 3,000 newspapers, periodicals and news agencies, about 300 television stations and more than 1,000 radio stations in Turkey does not mean that people fully enjoy conditions for freedom of expression. The TGS believe that the owners' exploitation of labour is evident in all workplaces irrespective of differences in language, religion, gender and faith.
The Turkish media, like media elsewhere, suffer from increasing monopolisation and concentration of ownership. Three major media owners dominate. The Doğan group is the largest and includes three major newspapers (Hürriyet, Milliyet, Radikal), many daily publications and periodicals, publishing houses, distribution companies, two major television companies (Kanal D and CNN-TURK), and many other companies in automotive, banking, insurance, finance, electricity, energy and oil industries and the internet sector. The owner of the Doğan Group, Aydın Doğan, leads a company whose newspapers account for two thirds of Turkish newspaper advertising revenue. He is regarded as the most important backer and beneficiary of the proposed media bill mentioned above.
The delegation met with Ertugrul Ozkok, the group's General Director, who when asked about his owner's involvement said 'we always feel his breath on our backs'. He explained that his company had to be competitive in a difficult economic climate, and regretted the firing of journalists. A very frank exchange of views took place and the delegation was left with the very strong impression that the company sees its future within the EU.
The Uzan group is the second biggest group. "Star" newspaper, the second highest circulated newspaper in Turkey, and "Interstar" television belong to this group. Uzan has other television and radio channels and also has large companies in banking, cement, energy, construction, textile and mobile phones.
The third largest media group is Bilgin. They are under investigation for a banking operation. This group, which has recently weakened economically, promotes a broadcasting policy sympathetic to the government. The other two groups mentioned also consider it in their interest to maintain close links with government.
The TGS says trade union organisation has not been possible in any of these media groups. Besides these, journalists working for newspapers and television channels owned by other groups are denied union and social rights. Union organisation seems impossible not only in these groups but also in rightist, leftist and Islamic publication and broadcasting organs. In fact, the workers of radical publications seem to feel more committed to their work.
In an environment where journalists and media workers are deprived of their right to organise into a union, the owners act with impunity. The passing of the media bill mentioned earlier will further strengthen their position.
Subcontracting and Illegal Employment
Another major problem facing journalists and media workers is illegal employment. According to Law 212 it is possible to employ journalists as trainees for three months. At the end of this period the journalist should either be dismissed or sign a contract. However, the trial period is misused as a way of employing the journalist illegally in a temporary position, without any social rights. The law denies a journalist who is not on the permanent staff the right to membership to the union.
As a result journalists often consent to working under any conditions offered and for a pay far below the minimum wage. During the last economic crisis, pay and conditions were cut and many journalists were unable to take action to defend their situation for fear of dismissal.
The situation is further complicated by the practice of journalists who work on permanent staff and generally do not know the company employing them. For example, newspaper staff are distributed in small groups to tens of affiliated companies (subcontracting companies). The names of the affiliated companies are frequently changed and staff transferred from one subcontractor to another. The number of workers within each affiliated company is kept to a minimum to avoid legal requirements that would permit trade union organisation. The complexity of the structures also makes union organisation more difficult.
TGS Programme of Action
In the briefing paper to the mission the TGS states that
* the situation of journalism in Turkey should be examined urgently and thoroughly;
* legal protections for press freedom should be put in place;
* the position of journalists should be strengthened economically, socially and professionally against the power of media owners;
* journalists should be free to organise in a union, and
* media staff should have legally-protected employment rights.
The TGS has made numerous attempts, together with other professional organisations, to strengthen the law to secure journalists' social and union rights, but these are continuously blocked by media owners who lobby government and members of parliament. Government representatives and members of parliament admit 'off the record' that they are intimidated by the power of media owners, a view expressed to the delegation in meetings with politicians.
In industrialised societies, rights and freedom at the workplace provide a cornerstone of democracy. While media owners and those who represent them claim they want democracy in Turkey (especially in view of a possible EU entry), when this conflicts with their commercial interests their enthusiasm quickly disappears. In a society where respect for labour and individual rights hardly exists, few of the legally approved fundamental human rights have any practical meaning.
Summary of Recommendations
As set out in the Terms of Reference at Appendix A, the mission was charged to put in place practical arrangements for the implementation of the IFJ Trade Union Development Project for Turkey. The mission believes the TGS is doing a tremendous job under extremely difficult circumstances (financial problems are highlighted on page two) and that any project would need to address the points made by the TGS in its conclusions. With specific regard to those conclusions and in relation to the planned IFJ Trade Union Development Project, the mission concludes:
Recruitment and Organisation
As far as recruitment strategies and campaigns are concerned, TGS suffers under laws and regulations that prevent it from organising freelances, unemployed journalists and basically anyone who do not posses a yellow card. The IFJ Trade Union Development Project should seek ways - with the help of Turkish lawyers and without violating Turkish laws - of attracting journalists to the union in order to increase the membership and public power of the TGS.
Training
Given the high level of unemployment amongst journalists and media workers, the difficulties they face in returning to the employment market, and the rapid pace of technological change in the industry, consideration should be given by the IFJ/EFJ to organising in co-operation with the TGS training courses for unemployed journalists to develop their skills, especially in the use of new technology.
Collective Bargaining Skills
Despite the fact that the union has to overcome high quota hurdles before it can negotiate collective agreements, the TGS and its regional and local branches must be prepared for that task. Therefore, the IFJ Trade Union Development Project should also focus on training on organisation and negotiation skills.
Broadcasting Organisation
Strategies for representation in broadcasting must be developed even if at the moment this is severely hindered by the employers practice of outsourcing and by the fact that public broadcasting employees are regarded as civil servants.
Freedom of Expression
The project should consider the TGS proposal to hold in co-operation with international and local human rights organizations an international seminar on freedom of expression.
Legal Conditions
In the light of these considerations and being fully aware of the political and legal difficulties, the IFJ/EFJ delegation suggests that the implementation of the Trade Union Development project includes propositions - if not solutions- on how to improve the legal conditions for journalists and for the TGS and on how to define minimum professional standards for journalists. Furthermore, it has to underline to journalists the necessity of being organised and the need for trade unionism.
As for the organisation of an international conference on human rights, the mission recommends further discussions between the TGS and the IFJ to achieve this objective.
Annexes
A:Programme of the visit
B: List of Turkish representatives and organisations met during the mission.
C: Turkish press coverage of the delegation visit.
D:Briefing note prepared by TGS for the mission.
1 The way the TGS responded to this crisis is set out in their briefing report to the delegation.
2 Last year a similar bill was vetoed by the President.
3 This legislation has subsequently been approved by parliament.(NM)
