Izmir Bar Association Responds to Prohibition of İZBAN Strike

The Izmir Bar Association reacted to President Erdoğan's prohibition of İZBAN strike.

The written statement made by the Izmir Bar Association is as follows; “On 10 December 2018, the Railway Workers Union Izmir Branch decided to go on strike with the requests of İZBAN workers to improve their wages and bonuses. Intense support from the Izmir people, public opinion, many professional organizations and non-governmental organizations came to this strike. However, President Recep Tayyip Erdogan has decided to postpone the 08.01.2019 strike for 60 days on the grounds that “it is seen as disrupting the public transportation services in the city”.

President; this decision, which resembles a blow to labor rights, democracy and the right to strike, is devoid of legal basis, contrary to the Constitution, legal regulations and international conventions. The gas right to strike ir, which is one of the most basic trade union rights, is prevented from being usurped. The decision to postpone the strike, which can be taken by the Council of Ministers' decision, can only be taken by the decision of the President. Then we opposed it, and now we're opposing it! Then we went against it and said: Or The provision of the law does not make this decision fit for the purpose it wants to ensure the legal or legal order. Hukuki Now we are opposing it again and we say that; Alın It is the simplest manifestation of arbitrariness and one-man rule that such a right can be taken away from workers by the word of one person. “

Today, railway workers, other groups of workers tomorrow, civil servants and most of the whole country, all citizens bir Everyone who wants to use a constitutional right to live and work in humane conditions with a humanitarian wage is aware that he will be prevented by the political power that sees himself above law and equity.

Because we've seen it before! We have seen before the emergency, we saw in the state of emergency! We have seen the strike of the metal workers, we have seen the strike of the glass workers! 12 Interventions and rights violations that do not call for the period of September are the first methods that power and capital apply to, despite the time passed. The restrictions applied by the Decree Decree Laws of the State of Emergency are later included in our law and in our lives with the same 'Decree Law'. There cannot be any logical, democratic, legal or constitutional explanation of the lawfulness of the Decree-Laws issued in the State of Emergency in the aftermath of the State of Emergency without making the slightest arrangement, evaluation or update. This means the continuation of arbitrariness.

It is unacceptable to rely on the fact that ”the right to strike edilemez is considered to be görül disruptive in the urban public transport services üst and that it is included in the law. Moreover, the authority given by the law is an authority that regulates ”exceptional“ situations. It should not be enough for only one person to think that hizmet urban public transport services are deteriorating dır without revealing a concrete incident or example. The decision of postponement is a sign that the ambition of power is bringing the country closer to the dictatorship regime.

In the 2015, the United Metal-İş Union affiliated to DISK; In the 10 province, at the 22 factory, it was decided to postpone the strike in relation to the strike decision of the 15. Upon the application of the Constitutional Court, the court decided to pay 50 thousand pounds in favor of the union. Moreover, the decision to ve postpone the strike arı was taken by the decision of the Council of Ministers and was based on the ”threat to national security Üst. It is seen that the executive and political power in such situations, the worker does not keep the right to seek the right.

In the 2014, the ın strike postponement m decision on the strike of the Crystal-Work Union, however, did not result in a positive outcome, but in the grounds of the vote, süreç In Turkish law, the use of many fundamental rights and freedoms, including the exercise of the right to strike, has been shown as the There is no definition of national security and general health. A very broad interpretation of these abstract and ambiguous concepts will lead to the conclusion that almost all strikes can disrupt the health of the country or national security in terms of the consequences and thus postpone all strikes. Lar

We declare to the press and the public that we support the workers of İZBAN, who is taken away from them in a way that is a constitutional and democratic right, without the legal basis, and that we will support the legal process initiated by the union.