US embassy cable - 04ANKARA6837

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