EDUCATION INTERNATIONAL DAN DESTEK

Cyprus Turkish Secondary Education Teachers' Union, KTOEOS
Mr Adnan ERASLAN, President
Abdullah Parla Sokak 5,
Lefkosa-Kibris
Cyprus



Fax: +90-392-228.86.48


Brussels, 16 June 2008


Dear Adnan,
Thank you for your letter of 30 May 2008 in which you outline the current problems related to the repressive attitude of the rector and authorities following the strike at the European University of Lefke.
As you know, EI acts as a watchdog to monitor the human and trade union rights of teachers in all countries. EI also strongly advocates for the rights of higher education personnel to form unions and enter into meaningful collective bargaining to negotiate conditions of employment and status with the higher education institutions.
The facts described by KTOEOS in the context of the strike at the EUL violate a number of international labour standards. Indeed, the right to join a teacher trade union is a fundamental right highlighted by International Labour Organisation Convention 87. The right to strike is also an intrinsic corollary to the right to organize protected by ILO Convention 87. The possible consequences of strikes in the teaching sector do not justify their prohibition and the loss of a person’s trade union status as a result of dismissal for strike activities is contrary to the principles of freedom of association.
Teachers and academic staff, and especially their union representatives, should be protected against any discrimination which might be exercised because of a strike and they should be able to form trade unions without being exposed to anti-union discrimination, says the ILO jurisprudence.
In addition, the 1997 UNESCO Recommendation concerning the Status of Higher-Education Teaching Personnel stresses that higher education institutions are accountable to ensure effective support of academic freedom and fundamental human rights, as well as to ensure that higher education personnel are not impeded in their work in the classroom or in their research capacity by violence, intimidation or harassment. “Higher-education teaching personnel should enjoy the right to freedom of association, and this right should be effectively promoted. Collective bargaining or an equivalent procedure should be promoted in accordance with the standards of the International Labour Organization.” (article 52)
Article 26 of the UNESCO Recommendation stresses that “all higher-education teaching personnel should enjoy freedom of thought, conscience, religion, expression, assembly and association as well as the right to liberty and security of the person and liberty of movement. They should not be hindered or impeded in exercising their civil rights as citizens, including the right to contribute to social change through freely expressing their opinion of state policies and of policies affecting higher education. They should not suffer any penalties simply because of the exercise of such rights.”
Regarding tenure, the UNESCO Recommendation states that “Tenure constitutes one of the major procedural safeguards of academic freedom and against arbitrary decisions.” Article 46 states that “No member of the academic community should be subject to discipline, including dismissal, except for just and sufficient cause demonstrable before an independent third-party hearing of peers, and/or before an impartial body such as arbitrators or the courts. Dismissal as a disciplinary measure should only be for just and sufficient cause related to professional conduct, for example: persistent neglect of duties, gross incompetence, fabrication or falsification of research results, serious financial irregularities, sexual or other misconduct with students, colleagues, or other members of the academic community or serious threats thereof, or corruption of the educational process such as by falsifying grades, diplomas or degrees in return for money, sexual or other favours or by demanding sexual, financial or other material favours from subordinate employees or colleagues in return for continuing employment.”
“Higher-education teaching personnel should have access to a fair grievance and arbitration procedure, or the equivalent, for the settlement of disputes with their employers arising out of terms and conditions of employment.” (article 56)
EI commends the dedication of KTOEOS to advocate to improve the working conditions and status of higher education personnel and to strive for quality education provisions for all children and students on the island of Cyprus.



Sincerely yours,
Fred van LeeuwenGeneral Secretary






cc: KTOS – OELMEK – OLTEK – POED
ETUCE