ACADEMIC
FREEDOM AND AUTONOMY IN TURKEY
Prof. Dr. Firuz Demir YASAMIS
Istanbul
Maltepe University
School
of Management and Administrative Sciences
Department
of Political Sciences and International Relations
Researcher ID: B-2702-2008
Orcid number: 0000-0002-8756-1366
April
2021
ACADEMIC FREEDOM AND AUTONOMY
IN TURKEY
ABSTRACT
The
overall purpose of this article, under the imperatives of the recent political
developments, is to review, investigate and assess the merits of the present
conditions of academic freedom and autonomy in Turkey by comparing with the
principles laid down in the internationally accepted documents on the subject.
The content and the boundaries of the concepts of “academic freedom” and
“academia autonomy” have been carefully emphasized and examined since the
establishment of academic institutions. Several international conferences have
been held and declarations have been issued during the last 40 years. The most
important ones are the “Declaration of Rights and Duties Inherent in Academic
Freedom” issued in Siena in 1982, “Academic Freedom and Autonomy of
Institutions of Higher Education” issued in Lima in 1988, and “Magna
Charta Universitatum” issued in Bologna in 1988. These statements have
underlined the significance of academic freedom and autonomy and stated the
detailed principles to realize them in the academic world. An observatory has
been established in Europe. Most of the universities have adopted the
principles laid down in the statements. All the reviewed relevant documents of
Turkey indicate that the Country’s present level of academic freedom and
autonomy are not compatible with the requirements of universal principles.
However, the present conditions are so complex that the issue cannot be scaled
down the emerging problem of the appointment procedure of the university
rectors. One of the remarkable conclusions reached is the positive correlation
between the level of academic freedom and the level of democratization.
Keywords:
Academic freedom, academic autonomy, legal framework, observed violations
“Academic freedom,
especially… is inexorably linked to the highest goals of the academy: it’s
freedom of inquiry, not freedom from professional standards or job duties.
Academic freedom is like any great power: with it comes great responsibility”. (Rapoport, 2010)
Introduction
Student demonstrations,
academist protests, and academic materials that have entered the discussion
agenda of politics resulting from the appointment of a new rector to Boğaziçi
University have once again attracted attention to the concepts of academic
freedom and academic autonomy and necessitated the study of the conditions in
which these concepts are located. In this context, it was believed that it
would be useful to make a new assessment on the subject, benefiting my previous
studies. [1]
Three issues need to be
clarified first concerning the topic. The first is the rules regarding
authority and procedure for the appointment of the rectors; the second is to
examine the views of the opposing parties and the third is to compare academic
freedom and autonomy in Turkey using universal criteria.
Since the introduction of the
CoHE (Council of Higher Education) system, the President has had the final say
in the appointment of the rectors in Turkey, but important democratic elements
have been placed in the selection process. Accordingly, each university will
nominate 6 candidates with the participation of faculty members; will submit
the candidates to CoHE and CoHE will send the candidates to the Presidency by
reducing the number of candidates to 3, and the President will elect and
appoint one of the three candidates. The reason for granting this authority to
the President is that the President is impartial in accordance with the 1982
Constitution.
Article 13 of the University
Law No. 2547 was amended with the Decree-Law (DL) No. 703 issued in 2016 and
the following principle was introduced: "The rector of the state and
foundation universities is appointed by the President. The appointment of
rectors in universities established by foundations is made upon the proposal of
the board of trustees. The rector represents the legal entity of the University
or the Higher Technology Institute."[2]
The
Authorization Law, which was the basis of the DL no. 703, was not approved by
the Parliament. With this DL, the process for appointing rectors in our country
has been changed; CoHE and universities were disabled in the selection of
rectors and the authority was given to the President alone.[3]
As
it is understood from the statements reflected in the press due to the latest
appointment, a de facto board formed in the Presidency determines the
candidates who can be appointed and the President appoints one of the
candidates designated by this board as rector. This board has replaced CoHE.
Universities and faculty members have been deactivated.
However,
in the meantime, due to the introduction of the Presidential System of
Government, the President is now a member of a political party and is not
impartial. Naturally, the de facto board formed in the Presidency is also a
supporter of a particular political party. As a result, both CoHE, universities,
and faculty members were excluded in the election of the rector and were
replaced by members of the ruling political party.
That's
what started the debate.
The
president and the president's spokesmen in both the party and the Presidency
indicate that the appointment of a rector is in accordance with the legal
conditions, pointing to the latest legal situation.
In
contrast, university faculty members and students state that the appointment
goes against the concepts of university autonomy and academic freedom and
demand the university rector to be selected from among the candidates to be
nominated by the faculty members. In this context, students believe that people
with ties to the political party will not contribute to the development of
academic freedom. It is understood that university faculty members share the
same view. In this context, faculty members and students consider being
politically unbiased vital to academic freedom and autonomy. The demand for
rectors who do not have organic ties to the political party, which is among the
demands of the students, is quite remarkable.
It
is useful to evaluate the problem of academic freedom and autonomy caused by
the appointment process outlined above in terms of the principles contained in
the international documents.
A Brief Literature Review of Academic
Freedom and Autonomy
The most important legal document on academic freedom
and autonomy is undoubtedly the 2007 "Turkey's Higher Education
Strategy" document prepared by the Council of Higher Education. In the
document where the country's higher education strategy is determined, the
principles on the issue are listed below: (YÖK, 2007)
"It is insufficient to define university autonomy
only from an institutional point of view, as in the OECD definition. In this
definition, the academic freedom side of autonomy is overshadowed.
Institutional autonomy makes sense when it provides academic freedom. It
becomes difficult to defend an institutional autonomy that does not guarantee
academic freedom. To close this gap, it is worth resorting to some principles
of the Lima Declaration. In this declaration, academic freedom is used in the
sense of freedom for members of the academic community to acquire, develop and
transmit information individually or collectively through research, review,
discussion, documentation, production, creation, teaching, and telling. It is
necessary to add to this the right of everyone to enter the academic
environment as a student, teacher, researcher, and worker without any
obstruction. An academist should have the right to teach without any
interference, provided that he/she complies with the accepted principles and
standards of teaching. In addition, it was accepted that the autonomy of higher
education institutions will be realized through democratic self-government,
which includes the active participation of all members of the relevant academic
environment."
"Today, the main principles that are important
for all levels in higher education institutions can be listed as follows: ...
Academic Freedom and Administrative Autonomy: It is a basic principle that the
studies carried out in the fields of research and education are carried out
freely without encountering political, economic and religious pressures arising
from the state or society. Research and faculty members should be able to carry
out their studies (provided that they comply with the law) without any pressure
from outside or inside the university. Autonomy means the guarantee of academic
freedom; it cannot be interpreted in a way that contradicts the
responsibilities of universities towards the society they are in and to
humanity in general, or in the sense of avoiding accountability. Universities
are institutions with a special and important mission in the processes for the
goals of democracy, justice, peace and prosperity. In today's world,
understandings of freedom of thought have made the freedom desired for academic
institutions in the past now desired and institutionalized for all members of
society. In this case, it may be considered unnecessary to request separate
freedom from citizens for academists. However, the reasons for the fact that
the importance of academic freedom is emphasized here arise from the practice
of Turkey. In today's Turkey, the freedoms of academicians can in some cases be
significantly suppressed by university administrations and the local
communities in which they are located. Today, for example, it can be said that
the press, non-governmental organizations of different natures, etc., benefit
more from freedom of thought than university faculty members. Activities of
formal and non-formal mechanisms that improve standards for freedom of thought
on the one hand and allow pressure on academicians for their opinions, on the
other hand, should be stopped."
Bekir Berat Özipek brings a remarkable description in
terms of the concepts we are studying. According to Özipek, "Academic
freedom can also be considered as "individual academic freedom" and
"institutional academic freedom". Individual academic freedom refers
to the minimum control of education and research in a university. And, academic
freedom, in an institutional sense, aims to protect academicians from
interference by legislators or politicians. (Özipek, 2001) At the beginning of the 21st century, academic
freedom is defined, in the sense on which consensus was reached, as the freedom
of the academic community, that is, scientists, teachers, and students, to
follow their scientific activities within the framework they determine, in
accordance with ethical rules and international standards, without any external
pressure.
According to Özipek, university autonomy, on the other
hand, can be defined as "internal organization and management of the
university, the internal distribution of financial resources, earning income
from non-publicly qualified sources, employing its own staff, setting the
working conditions by itself, and finally being necessarily independent of
external intervention for the freedom to conduct education and research."
Özipek
asks two questions: ‘Where is Turkey in Academic Freedom?’; and ‘To what extent
does the principle of academic freedom mean for Turkish universities?’ It seems
difficult to give a positive answer to the first question when measured by
international scientific standards (e.g., the number of citations to scientific
publications of Turkish universities), and to the second question considering
that the framework of the knowledge that universities will produce is being
determined by the National Security Council and some other departments. On the other hand, universities are becoming
more prominent as part of the problems, rather than representing a perspective
that will shed light on the solution of our country's chronic problems and
contribute to peace. Besides, universities were the first institutions to
surrender to the military interventions that constantly condemned our country
to underdeveloped country democracy, to forces that wanted to confine academic
life to a narrow framework, and were also the ones that made statements
justifying unlawful interventions instead of being representatives of
civil/democratic demands. In this sense, the problem is not only about a
regulation that does not guarantee academic freedom but is rather a mental
problem. Therefore, it is just as well not to regard legal regulations as a
magic wand to restore our universities in the universal sense mentioned
above." (Özipek, 2001)
The Academic Freedoms Report,
published annually by the Academy of Sciences, contains some very remarkable
reviews.[4]
Noting that all 21 members of CoHE were appointed by the President, the Report
said, "21 members of CoHE and the chairman are actually designated by the
President. It included the expression "A clear example of the importance
of having certain state duties rather than merit in this determination is that
the General Secretariat of Presidency or the Administrative Affairs of
Presidency, and CoHE membership have been gathered in the same people."
Referring to the excessive
powers concentrated in the hands of CoHE, the Report makes the following
assessment: In accordance with Article 7 of Law No. 2547, it is clear to what
extent the determination of the members of the Council of Higher Education, which
has all kinds of authority in Turkish higher education, from research areas,
university quotas and fees, to opening or closing faculties at the
universities, to determining the minimum course hours in education programs, is
in accordance with the university autonomy determined in Article 130 of the
Constitution. It is also clear that the
authority of CoHE, for example, to significantly increase or reduce financial
resources through the determination of student quotas or the decision to close
programs or stop admitting students as a result of non-transparent audits has a
permanent 'Sword of Damocles’ effect on these institutions."
Addressing the level of merit
of the rectors, the Report states: "Of course, just because a university
has the right to determine its own rector does not mean that the most
academically competent rector will be elected. In this respect, Turkish universities
had difficult times in the past under unqualified administrations. However, as
we emphasized in our previous statements when 209 university rectors are
appointed by one hand, it is inevitable that the quality of all universities,
including universities that have developed the tradition of at least
identifying their own rector in a healthy way, will deteriorate."
Noting the importance of
scientific research especially in periods such as pandemics, the Report states:
"However, there is no doubt that the starting a criminal investigation due
to the sharing of data, as happened in our country, or the obligation to
provide information and introduction of measures such as obtaining permission
to research through a Web site before the data becomes a scientific publication
are totally unacceptable measures within the framework of Article 25 and 27 of
the Constitution... In an environment without academic freedom and
transparency, there is a serious conflict of interest problem in the scientific
publication of the senior officials of the Ministry of Health, who have the
authority to grant relevant research permission. Such practices suggest that those involved
are using their authority to grant research permits not to deal with an acute
problem such as the COVID-19 pandemic, but to prioritize the publications of
certain groups and support their easy publication. For example, the fact that
two research articles that received the publication permit and where one of the
Deputy Ministers of Health was among the authors withdrawn from the pre-print
archives where they were placed on the public discussions means something. It
was written in one of these publications that the first cases of COVID-19 were
seen one month before March when the first cases were officially announced, and
based on this, the article was withdrawn and this was considered as an
inadvertently made mistake in an article with multiple authors, which arose
suspicions.
The Reports exemplifies the
convictions made against Prof. Dr. Kayıhan Pala and Dr. Bulent Şık and the
expulsion of the faculty members who signed the Peace petition as the problems
in this regard.
The statements of Prof. Dr.
Coşkun Can Aktan on the topic who investigated the paradigm changes in higher
education on a global scale are noteworthy:
"The traditional "collegial model" in university
management will be replaced by "the managerial model/management by board
of trustees" and, more commonly, the "entrepreneurial governance
model". The electoral system will be replaced by the appointment system
for the highest level of administrative managers (rectors/presidents, etc.) and
academic managers in universities. All this is not the visions of an
"oracle." The current dynamics of change and trends of change give us
more than enough opportunities to predict the future and prepare for the
future." (Aktan, 2007)
Tokay Gedikoglu, who studies
the concept of academic freedom, states that academicians have academic
responsibilities as well as academic freedom: "Academic freedom does not
mean being out of control or acting arbitrarily. Academic freedom does not give
any faculty member the freedom to perform his or her profession in violation of
general ethical rules, scientific ethics, public interests, and applicable laws
and regulations. If the applications and the results obtained are the opposite,
the faculty members should account for it. That is, academic freedom does not
grant exemptions to accountability to faculty members. There is transparency
and accountability on the opposite side of academic freedom. When the balance
between these variables is not well established, the internal and external
stakeholders of the university may experience dissatisfaction and the
organizational climate may be damaged. Universities that create the appropriate
organizational climate for academic freedom and strike a good balance between
academic freedom and accountability will be more successful in the
future." (Gedikoğlu, 2013)
Approaching the above view,
Durmuş Günay says: "Autonomy and freedom are not arbitrariness. At the
other end of autonomy and freedom are accountability, transparency, and quality
assurance. These values are the prerequisites for university autonomy and the
provision of academic freedom. There is responsibility in one shroud of the
scale and responsibility in the other. If these values are ignored, the balance
of the scale is disturbed, university autonomy and academic freedom become
arbitrary. Values such as accountability, transparency, and quality assurance
point to the principle of auditing the university through outputs, not
inputs." [5]
While there is the element of
privilege for academicians on one side of the balance of academic freedom,
different addition to the accountability, transparency, and qualification
assurance assignments which are personal assignments of academicians comes from
Vrielink and et al.: government assignments. In their study titled
"Academic Freedom as a Fundamental Right", Vrielink et al. state that
in addition to the personal assignments of academicians, the state must take
measures to fully implement academic freedom and autonomy and respect academic
freedom through studies such as effective protection, facilitation,
strengthening and optimization of its use.
(Vrielink et al., 2011)
Göknel and Seggie (Göknel,
2011), who examine the conditions of academic freedom in Turkey, conclude:
"In summary, it is difficult to say that there is world-class academic
freedom in Turkish universities today. There are also problems in understanding
and internalizing academic freedom in Turkey. Academic freedom has been
discussed and defended in Turkey, especially in the context of university
autonomy, and it is thought that academic and scientific freedom will also
exist when the university becomes autonomous. However, the dimension of
academic freedom regarding individual rights and freedoms has always been in
the background. Academic freedom means having the financial and administrative
autonomy of the university in an institutional sense, having freedom of
opinion, conscience and expression, job security, and the freedom to
participate in the decision-making process at the university in an individual
sense (UNESCO, 2008). The lack of any of them will provide the basis for
violations of academic freedom."
The memorandum titled
"Academic Freedom and Tenure", adopted in 1940 by the American
Association of University Professors in the United States, points to three
important combinations of academic freedom: Full freedom in conducting research
and publishing research results, taking into account the approaches of
institution managers is the right of teachers, discussing every subject related
to the course in the classroom except for controversial subjects that have
nothing to do with the subjects of the course is the right of teachers, and
teachers are original members of the institution to which they belong and are
free from institutional censorship and disciplinary practices when speaking and
writing due to their status. (American Association of University Professors,
1940)
Prof. Rajagopal states that
academic freedom should be recognized as a human right, noting that there is no
text and provision governing academic freedom in international treaties to
which the United Nations is a party.[6]
Rajagopal says this development will ensure that academic freedom is not
abandoned to national legal systems and guaranteed by international law, and
will give international organizations a duty and responsibility for academic
freedom.
Rostan states that some
socio-economic developments in the global world create some restrictions on
academic freedom and autonomy. According to Rostan, these limitations are that
academicians have to evaluate the performance of students; the need for
non-university resources for research funds, and the increasing and
diversifying relationships between businesses and universities. These
limitations and relationships require the formation of various new values
regarding academic freedom and the autonomy of academicians. (Rostan, 2010)
In recent years, international
indices measuring, sorting, and grouping the level of academic freedom have
started to be published in the world universities. In countries where there is
sufficient data, academic freedom is measured through criteria determined as a
specific model. For example, a report published in Germany shows that Turkey is
in the most inadequate group in terms of academic freedom and its score is
0.097 out of 1.0. (GPPI, 2020) The index covers the years 1920-2020. While
universities, in general, have made positive progress on academic freedom in
nearly 100 years, it is seen that Turkey has never exceeded 2.7 points during
this period (2005-2010 being the highest period) and has entered a very rapid
decline since 2010. According to the report, Turkey is one of the 10 countries
that have declined the most in terms of academic freedom in the last 5 years.
Figure 1: International
Academic Freedom Index, Source: Global Public Policy Institute
Turkey's situation is
specifically discussed in the report prepared to examine the application
conditions of the Academic Freedom Index. “The University under Siege: Turkey’s
Academic Community in Paralysis Following a four-year crackdown and a massive purge
of scholars, Turkey’s academic community is now severely paralyzed, while
thousands of dismissed academics still await justice, facing lengthy delays in
appealing their dismissals and unable to work in academia.” (Scholars at Risk,
2020)
Figure
2: Academic Freedom: Turkey; Source: Scholars at Risk
In the table above; 1.00 shows
that academic freedom is fully respected and 0.0 that academic freedom is not
respected.
In an article published in
2019, Gözler examines the conditions of universities and writes: "The
number of students per instructor is 46. The number of students per faculty
member (i.e. doctor, associate professor, and professor) is 93. Before 1981,
only professors and associate professors were accepted as faculty members in
Turkey. Based on pre-1981 standards, the number of students per faculty member
(professor + associate professor) in Turkey is 178. Whether you base it on 178,
93 or 46, these figures are extraordinarily high. While there are such a high
number of students per faculty member, it is not possible to have a quality
education there... Let's give a few examples from other countries for
comparison: there are 12 students per instructor in Germany, 16 in France, 16
in the United Kingdom, 20 in Italy, 12 in Spain, 14 in Portugal, 14 in Austria,
14 in Hungary, 12 in Bulgaria." (Eyes, 2020)
Toktamis Ateş, who
has numerous reviews on university autonomy, says: "Autonomous
universities are an indispensable pre-condition and source of honor for liberal
democracy. Anyway, an autonomous university cannot live as an irresponsible,
state-within-state institution. It is accountable to its society and its age.
Otherwise, it will be liquidated and gone... The biggest drawback of the CoHE
logic is that first of all, CoHE has filed the excitement of the task of a
significant number of university faculty members and assistants... Everyone
loves their homeland in their own way and strives for it to be glorified.
Higher Education Law...has deeply damaged the feelings of constant despisal,
accusation, protecting the state, and being part of the state in academicians.
The drawbacks of this injury are far out of the visible drawbacks of the new
legal framework." (Toktamış, 2007, p 24.)
Guillian R. Evans,
who has studied the paradigm shift in global higher education
institutions, in one part of his book
quotes a story published in The Times on 16 April 2001, saying: "Yesterday
it was announced that more than thirty faculty members at Oxford are now
multimillionaires. This is thought to be the highest number among British
universities. Oxford owns a stake in more than thirty-two companies set up to
profit from the opinions of its academics. The total value of the companies is
almost £2 billion. This makes Oxford Britain's most entrepreneurial university.
Academicians at Oxford have set up 20 companies worth £9.5m in the past three
years. To make a comparison, Cambridge has a stake of around £5m in 8
companies." Evans concludes his evaluations as follows: "This is a
statement that Oxford is a leading university because of its success in
adapting to the British government's goal of promoting entrepreneurship."
(Evans, 2007, p.9)
Derek Bok, who
studied the commercialization of universities in detail, states that there are
positives and negatives to the commercialization process. According to Bok, the
benefits of commercialization are that universities increase their profits and
increasing the desire to take different types of initiatives aimed at
increasing revenues. The damages caused by the commercialization process are
stated as follows: erosion of academic standards, damages to academic members,
and risks to the reputation of the university. (Bok, 2007, p. 99-119)
Legal
Status of Academic Freedom and Autonomy in Turkey
The basic legal texts related
to the concepts of academic freedom and autonomy are the Constitution, the
Higher Education Law and the Law on Universities.
Undoubtedly, the most
important regulation on this issue is Article 25 of the Constitution on Freedom
of thought and opinion: "Everyone has freedom of thought and opinion. No
one can be forced to express their opinions and opinions for any reason or
purpose; he cannot be condemned or blamed for his thoughts and opinions."
Article 27 of the Constitution
states: "Everyone has the right to freely learn and teach, explain, to
disseminate science and art, and do all kinds of research in these
fields." This definition defines the concept of academic freedom.
Article 130 of the
Constitution defines higher education institutions as follows: "To train
manpower in accordance with the needs of the nation and the country in an order
based on modern educational principles; Universities with public legal entity
and scientific autonomy consisting of various units to provide education,
scientific research, publication, and consultancy at various levels based on
secondary education and to serve the country and humanity are established by
the State based on laws." According to this definition, universities are
organizations with scientific autonomy. The concept of scientific autonomy here
means academic freedom.
The clause (d) of Article 3 of
The Higher Education Law, on the other hand, brings the following definition:
"University is a higher education institution with scientific autonomy and
public legal entity that provides a high level of education, scientific
research, publication and consultancy and that consists of faculties,
institutes, colleges, and similar institutions and units." This article
defines university autonomy.
Article 1 of the Law on
Universities states: "Universities are high-level scientific, research and
educational associations with autonomy and legal entity consisting of
faculties, institutes, schools, and scientific institutions."
To put it briefly, in our
legislation, the concepts of academic freedom and autonomy are named as the
concept of scientific autonomy.
International Documents on
Academic Freedom and Autonomy
The most important of these is
the "Academic Freedom: Declaration of The Rights and Duties of Faculty
Members"[7],
published in Siena, Italy in 1982; the Declaration of Lima[8]
titled "On the Autonomy and Academic Freedom of Higher Education
Institutions" published in Lima, Peru in 1988, and the "Magna Charta
Universitatum"[9]
(Grand University Convention) declaration issued in Bologna, Italy in 1988.
In
all three papers, the two concepts discussed in this article were discussed in
detail and it was decided to recommend that teaching institutions all over the
world comply with the criteria contained in these declarations. In this
context, an international observatory[10] has been established to
keep the concepts of academic freedom and autonomy under international
supervision.
As a
country, Turkey and also many universities in our country have become members
of the observatory system.
The
principles contained in the declarations have been adopted in many countries to
date. Many universities have been a member of university observatory system.
The Declaration adopted at the
68th General Assembly of the WORLD UNIVERSITY SERVICE (WUS), which was convened
in Lima, Peru on the 40th anniversary of the Universal Declaration of Human
Rights, imposed new norms on the concepts of academic freedom and autonomy
after intense scrutiny and discussion on the international documents listed
below. The international law documents in question are: Universal Declaration
of Human Rights, International Treaty on Economic, Social and Cultural Rights, International
Treaty on Fundamental and Political Rights and the UNESCO Treaty Against
Discrimination in Education.
While the Lima decisions were
taken, other resolutions previously adopted by the United Nations as well as
other global and regional international organizations and the measures put in
place by countries advanced in the fields of academic freedom and autonomy were
carefully examined. It is stated that the principles adopted in the decision
will be a beginning in this field. The rationale for the decision includes the
following:
Ø “All
institutions of higher education shall pursue the fulfillment of economic,
social, cultural, civil, and political rights of the people and shall strive to
prevent the misuse of science and
technology to the detriment of those rights.
Ø Emphasizing the importance of the right
to education for the enjoyment of all other human rights and the development of
human persons and peoples,
Ø Considering that the right to education
can only be fully enjoyed in an atmosphere of academic freedom and autonomy of
institutions of higher education,” (Lima Declaration, 1988)
The Principles on education
included in the declaration are listed below:
Ø “Every
human being has the right to education.
Ø Education
shall be directed to the full development of the human personality and the
sense of its dignity and shall strengthen respect for human rights, fundamental
freedoms, and peace.
Ø Education
shall enable all persons to participate effectively in the construction of a
free and egalitarian society, and promote understanding, tolerance, and friendship
among all nations and all racial, ethnic, or religious groups.
Ø Education
shall promote mutual understanding respect and equality between men and women.
Ø Education
shall be a means of understanding and contributing to the achievement of the
major goals of contemporary society such as social equality, peace, equal
development of all nations, and the protection of the environment.
Ø Every
State should guarantee the right to education without discrimination of any
kind as to race, color, sex, language, religion, political or other opinions,
national or social
origin, economic condition, birth, or other statuses.
Ø Every state
should make available an adequate proportion of its national income to ensure
in practice the full realization of the right to education.
Ø Education
shall be an instrument of positive social change. As such, it should be
relevant to the social, economic, political, and cultural situation of any
given country, contribute to the transformation of the status quo towards the
full attainment of all rights and freedoms, and be subject to permanent
evaluation”. (Lima Declaration, 1988)
As used in this Declaration;
“Academic freedom means the freedom of members of the
academic community, individually or collectively, in the pursuit, development,
and transmission of knowledge, through research, study, discussion,
documentation, production, creation, teaching, lecturing, and writing.
'Academic community' covers all those persons teaching,
studying, researching, and working at an institution of higher education.
'Autonomy' means the independence of institutions of
higher education from the State and all other forces of society, to make
decisions regarding its internal government, finance, administration, and to
establish its policies of education, research, extension work, and other
related activities.
‘Academic freedom’ is an essential pre-condition for those
education, research, administrative and service functions with which
universities and other institutions of higher education are entrusted. All
members of the academic community have the right to fulfill their functions
without discrimination of any kind and fear of interference or repression from
the State or any other source.
States are under
an obligation to respect and to ensure to all members of the academic
community, those civil, political, economic, social, and cultural rights
recognized in the United Nations Covenants on Human Rights. Every member of the
academic community shall enjoy, in particular, freedom of thought, conscience,
religion, expression, assembly, and association as well as the right to liberty
and security of person and liberty of movement.
Access to the
academic community shall be equal for all members of society without any
hindrance. Based on ability, every person has the right, without discrimination
of any kind, to become part of the academic community, as a student teacher,
researcher, worker, or administrator. Temporary measures aimed at accelerating
de facto equality for disadvantaged members of the academic community shall not
be considered discriminatory, provided that these measures are discontinued
when the objectives of equality of opportunity and treatment have been
achieved. All States and institutions of higher education shall guarantee a
system of stable and secure employment for teachers and researchers. No member
of the academic community shall be dismissed without a fair hearing before a
democratically elected body of the academic community.
No member of the
academic community shall be dismissed without a fair hearing before a
democratically elected body of the academic community.
All members of the
academic community with research functions have the right to carry out research
work without any interference, subject to the universal principles and methods
of scientific inquiry. They also have the right to communicate the conclusions
of their research freely to others and to publish them without censorship.
All members of the
academic community with teaching functions have the right to teach without any
interference, subject to the accepted principles, standards, and methods of
teaching.
All members of the
academic community shall enjoy the freedom to maintain contact with their
counterparts in any part of the world as well as the freedom to pursue the
development of their educational capacities.
All students of
higher education shall enjoy the freedom of study, including the right to
choose the field of study from available courses and the right to receive
official recognition of the knowledge and experience acquired. Institutions of
higher education should aim to satisfy the professional needs and aspirations
of the students. States should provide adequate resources for students in need
to pursue their studies.
All institutions
of higher education shall guarantee the participation of students in their
governing bodies, individually or collectively, to express opinions on any
national and international question.
All members of the
academic community have the right to freedom of association with others,
including the right to form and join trade unions for the protection of their
interests. The unions of all sectors of the academic communities should
participate in the formulation of their respective professional standards.
The exercise of
the rights provided above carries with it special duties and responsibilities
and may be subject to certain restrictions necessary for the protection of the
rights of others. Teaching and research shall be conducted in full accordance
with Professional standards and shall respond to contemporary problems facing
society.” (Lima Declaration, 1988)
Another point to be mentioned concerning academic freedom is to
distinguish the difference between academic personnel and administrative
personnel. Administrative personnel is the ‘personnel’ employed by the
university. However, academicians are
not the ‘employees’ of a university. It is a universally accepted form of
perception that academicians are people who are tasked with responding to the
social needs of the university, have a responsibility towards society, and are
even employed by society. The Declaration of Principles on Academic Freedom and
Academic Tenure, adopted in the United States in 1915, was the first document
to defend this principle. (Rapoport, 2010)
Autonomy
of Higher Education Institutions
“All higher education
institutions ensure that the economic, social, cultural, basic, and political
rights of individuals are realized and strive to prevent the abuse of science
and technology in a way that undermines these rights.
All higher education
institutions focus their attention on the contemporary problems facing society.
For this purpose, the curriculum and activities of these institutions should
respond to the needs of society as a whole.
Higher education institutions
should condemn political repression and human rights violations in their own
communities.
All higher education
institutions should be in solidarity with other similar institutions and
individuals within their own academic circles when subjected to oppression.
This solidarity can be material or spiritual and should include providing
shelter, employment, or educational opportunities to those who suffer from
oppression.
All higher education
institutions should strive to prevent scientific and technological dependence
and to ensure that all academic circles in the world benefit equally from the acquisition
and use of knowledge. These institutions should promote international academic
cooperation that overcomes regional, political, or other similar obstacles.
Proper enjoyment of academic
freedom and compliance with the obligations mentioned in the above articles
require higher education institutions to have a high level of autonomy. States
are obliged not to interfere with the autonomy of higher education institutions
and to prevent interference by other forces in society
The autonomy of higher
education institutions is realized through democratic self-government, which
includes the active participation of all members of the relevant academic
community.
All members of the academic
community have the right and opportunity to take part in the conduct of
academic and administrative affairs without any discrimination.
All governing bodies of higher
education institutions are freely selected and include representatives from
different parts of the academic community.
Autonomy should cover
decisions regarding the determination and execution of policies related to
education, research, external studies, use of resources, and other related
activities.”
Is
There a Criterion for Being a World-Class University?
When the world's
leading universities are examined, it is understood that the factors that make
these universities superior are high-quality faculty members, excellence in
research, quality education, adequate financial resources from public and other
sources, talented students, academic freedom, well-defined autonomous
governance and being well-equipped to provide students with a good life.
Chinese academicians, on the other hand, add to the aforementioned
characteristics the contributions of the university to society.
In essence, a good university
is based on good education and research. The prerequisites for having these
qualities are qualified students, qualified faculty members, advanced
laboratory facilities, a rich library, and adequate transportation facilities.
It should be noted immediately
that the concept of advanced research opportunities here not only means the
faculty members do research in the fields they prefer but also carrying out
scientific research within the framework of the priorities determined by the
University administration and especially the dean's office and departmental
administrations.
Analysis:
Emerging Issues and Solutions
When
the concepts of academic freedom and academic autonomy described above are
discussed specific to Turkey, it is understood that the current conditions
partially meet the criteria sought, but some measures need to be taken in the
context of further raising the level of excellence in academic freedom.
In
the context mentioned above, the topics that need to be further developed in
the subjects of academic freedom and academic autonomy are described below.
In Terms of Academic Freedoms
In
the first place, political parties and governments should embrace academic
freedom and autonomy as described above and make it an important element of
their policies. The most important of these principles is the principle of
selecting administrators and bodies by faculty members in public universities.
This principle is key to ensuring academic freedom and autonomy. In foundation
universities, the rector should be elected and appointed by the board of
trustees. Other organs of the foundation university should be determined by
democratic means by university faculty members.
There
are approximately 207 universities[11] in Turkey and about 30 of
them are members of the "MAGNA CHARTA UNIVERSITATUM" system. The
membership of all our universities, especially CoHE, in the MAGNA CHARTA
UNIVERSITATUM system, which is the most important document in the field of academic
freedom, will contribute to the development of academic freedom and autonomy in
our country. Being a member of this system will help improve the conditions of
academic freedom and autonomy in our country. Academic freedom is a system
problem and this system consists of various subsystems.
In addition to universities,
academicians should adopt the system, internalize its content and fulfill their
responsibility for the success of the application. In this context, an
important responsibility falls on the faculty members.
One of the problem areas
identified in terms of academic freedom is the determination of the courses to
be given by the faculty members. While some faculty members insist on giving
only the courses they want to teach, the university administration can assign
faculty members to courses they are not interested in at all. Bringing the two
extremes together in a certain balance is seen as necessary for the development
of academic freedom. It would be the right way for the faculty member to give
the course he/she is an expert in among the courses determined by the
university, both in terms of academic freedom and in terms of a more useful
transfer to the students.
The restrictions imposed by
the regulation adopted by the university administration in determining the
weights of midterm and final exams and balancing the number of exams and
assignments in parallel with the freedom to choose courses can be seen as an obstacle
to complete and perfect academic freedom.
In my opinion, the concept of
academic freedom includes the freedom of the faculty member to choose courses -taking
into account the requirements of the university- to be able to hold exams as
desired for the students and to evaluate, grade, and letter the students under
the appropriate conditions. The Lima Declaration addresses the freedom of
instruction in this context.
The discussion of faculty
members among themselves on scientific and social issues is also part of the
freedom to discuss and tell. This function cannot be performed adequately. For
this purpose, scientific meetings and seminars should be held periodically in
every department of the university, or at least in the dean's office. Such an
application will allow both for discussing what research is being done in the
units and for the faculty members to come together and share a social
environment. If necessary and useful, other scientists may be invited to the
meetings as guest speakers. In order to have weekly discussions, a period of
half a day per week should be allocated for the preparation of the syllabus.
This application will allow lecturers to participate in seminars and academic
board meetings.
The main products of
universities are elements such as students, articles, and patents. These
elements are direct results of research and teaching functions. The academic
performance of universities is measured by the qualitative and quantitative
characteristics of their products in these fields. If the broad-mindedness,
tasks, and objectives mentioned in the introduction are taken into account, the
researches should be very good both in terms of quality and quantity.
In Turkey, the course load of
academicians is quite high. This has a limiting effect on academic freedom,
mainly in the field of research. Faculty members are expected to teach up to
20-24 hours a week in all associate (daytime and evening education) and
undergraduate and graduate programs, as well as being exam supervisors. The
same faculty members are also asked to devote time to administrative tasks and
to conduct research and write scientific articles during the same period. In addition, it is observed that a faculty
member perform supervisorship for up to 30 hours during the exam periods.
Considering that faculty
membership is a career that extends from doctorate to professorship, and that
faculty members need to educate and prepare themselves for each stage of this
career, the excess of course load emerges as a negative factor. The fact that
the university administration alienates itself to this problem and sees the
problem as only related to the interests of the faculty member is synonymous
with the inability to internalize the concept of academic freedom sufficiently.
In addition, it is necessary to draw attention to the responsibility of the
university to train scientists. In particular, the training of scientists by
foundation universities, leaving aside cost concerns, has to be a special
assignment that is one of the most important social responsibility functions.
Considering the
"research-oriented" "education/training oriented"
university distinction, our universities appear like a university focused more
on "education". The main reason for this image, as mentioned above,
is the heavy course loads, and that young academic candidates are not given
enough time and opportunity to develop themselves, conduct academic studies,
and especially follow master's/doctoral courses. Since scientific studies and
doing a doctorate are considered as the personal study of the instructor, they
do not receive sufficient support within the institution. In this case, the
institution should clearly determine the criteria for providing academic staff
and a balanced distribution should be made between the academic staff of
teaching and research, and it should take measures to improve the opportunities
of academic staff to conduct research.
Online education, which has to
be resorted to especially during the pandemic period, has made internet freedom
and use one of the most sensitive issues of our time. In higher education, the
subject is of vital importance. Online education is now available at all
universities. Therefore, academicians' problems with internet communication
should be overcome immediately.
The anticipation of working
hours for faculty members like other administrative staff and the deduction of
wages in the case of not following these hours do not comply with academic
procedures and seriously undermine the sense of belonging.
In Terms of Academic
Autonomy
As stated in the introduction section,
the concept of academic autonomy means
that universities do not fall under any restrictions or pressures, public or
private, when making decisions or taking actions on matters related to their
internal functioning. In today's conditions, it would be unrealistic to say
that this principle has been institutionalized in Turkey.
However, financial bottlenecks
can emerge in universities. Within the framework of the legal rules developed
in our country, foundation universities should also be non-profit institutions.
The state spends a huge amount of money to provide higher education services
through its own universities. In this context, the State should alleviate the
financial burden on the shoulders of foundation universities, which give great
support to a public service that must be fulfilled by the State with its
in-house resources. This requirement requires that the share allocated from the
state budget to foundation universities be increased.
Having at least three
full-time faculty members in each department of universities is one of the
leading criteria of CoHE. This situation arises as a lack of human resources
for the full-time faculty member. In this context, foundation universities, in
particular, should review their growth rates in terms of student numbers and
reduce the growth and expansion rate, which is very high, to a more reasonable
level. In doing so, necessary strategies should be established to monitor the
deficit of faculty members. (Istanbul
Aydın University, 2010)[12]
Objectives
to Be Pursued on Academic Freedom and Autonomy in Turkey
The national objectives to be
realized in terms of academic freedom and autonomy are specified as follows:
Ø Universities should
be institutions of true academic freedom.
Ø Autonomy must be
defended with conviction against all institutions, including CoHE.
Ø The ‘Magna Charta
Universitatum’ Document should be followed as a guide.
Ø All requirements
contained in the ‘Lima Declaration’ must be adopted.
Ø The growth rate of
universities should be reduced to a more reasonable level. Departments, where
the number of students is not sufficient, should be closed.
Ø Full autonomy
should be ensured in foundation universities, too, and ways and methods should
be found for their further use of state assistance.
Ø The course load of
the faculty members should be reduced to an acceptable level.
Ø Faculty members
should be given a working and research environment where they can fully
exercise their academic freedom.
Ø The subject of transition
from department-based university to program-based university should be
considered.
Ø Students should be allowed
to transfer horizontally between faculties and programs.
Strategies
to Follow
The main strategies to follow
in terms of academic freedom and autonomy are specified as follows:
Ø
Adherence to the
principle of academic freedom: CoHE should emphasize
with a policy decision that it is committed to the principle of academic
freedom and in this context to the Magna Charta Universitatum and the Lima
Declaration.
Ø Adherence to the principle of academic autonomy: CoHE should announce to the public that universities are independent of all
non-university institutions and institutions, public or private, and that
universities will carry out their studies with a full understanding of
autonomy.
Ø
Growth rate: The growth rate and scope of universities should be limited and they
should grow at a pace that can meet the requirements of growth. Quality, not
quantity, should be given importance.
Ø
Increasing the
self-confidence and job satisfaction of faculty members: Courseload, work discipline, workplace relations, relations with external
institutions, and increasing research opportunities should be seen as a
priority strategy.
Ø
Increasing the
sense of satisfaction that students get: As
with faculty members, ways and methods should be found for students to obtain
the most satisfaction from their schools, which they belong to and pay for.
Ø The transition from department-based university to
program-based university: Our universities should be
ensured to switch to a program-based organization rather than a department-based
organization, which is the most fundamental organizing principle.
Ø
Horizontal transfer
between faculties and programs for students: A
very large proportion of students make the wrong choice when choosing their
first university and then regret it. Students should be allowed to transfer
horizontally.
Ø
Opposition to
CoHE's owning control system when creating departments and programs: An important indicator of autonomy is the establishment of departments
and program creation. This right must be upheld.
Ø CoHE's system of pre-authorization when appointing
rectors and deans: It is also a requirement of
academic autonomy to oppose this system.
Ø Rectors should not be appointed by the Prsident: Rectors should be
selected by the members of the faculty in State universities and by the board
of trustees in the foundation universities.
Conclusion and
Evaluation
The concepts of academic
freedom and autonomy are basic concepts that should be fully understood by
academic institutions and academic staff. In other words, in an environment
where academic freedom is not available and understood, higher education
institutions cannot develop and compete with other countries of the world.
These concepts have not fully developed in our higher education world.
It should be clearly stated
that since the transition to the Presidential System of Government, there has
been a very significant decline in the field of university freedom and autonomy
with the arrangements made to comply with the laws. At the same time, this
decline draws a picture in parallel with the decline experienced by our country
in terms of democratization.
Although the principles of the
supremacy of law and the rule of law are close to each other, there are very
important differences between them. In the rule of law priciple, the decisions
of the rulers in accordance with the applicable laws can provide legal
administration and constitutional legitimacy. However, the principle of the supremacy
of law requires compliance with the universal principles of law accepted in
modern societies.
The selection of the
candidates for the rector by a de facto board in the Presidency and the
appointment of the rector by the President can be a defensible action in terms
of modal and verbal compliance with the existing legal regulations in Turkey.
However, such an appointment
is contrary to the principle of the supremacy of law, which is dominated by the
universal principles of laws as accepted by the comtemporary states which will
ensure academic freedom and autonomy in the Turkish universities.
Naturally, academic freedom
and autonomy are not just facts that can be reduced to the appointment of
rectors.
Above, the corrective works to
be carried out in both areas are summarized.
The important task is to
approach both issues in a holistic and systemic way and to find solutions by
keeping in mind the international documents on the issue.
References
Aktan, C., (2007)
Yüksek Öğretimde Değişim: Global Trendler ve Yeni Paradigmalar. Dünyada Değişim
Çağında Yüksek Öğretim. İzmir Yaşar Üniversitesi yayını.
American Association of University Professors. (1940). Statement of Principles on Academic Freedom and
Tenure. https://www.aaup.org/report/1940-statement-principles-academic-freedom-and-tenure
Ateş, T. (2007) Üniversitelerimiz ve Demokrasi. İstanbul Bilgi Üniversitesi yayını. s. 395. İstanbul
Bilim Akademisi. Akademik
Özgürlük Raporu 2019-2020. (2020). https://bilimakademisi.org/wp-content/uploads/2020/11/bilim-akademisi-akademik-ozgurlukler-raporu-2019-2020-9kasim.pdf
Bok, D. (2007) Piyasa Ortamında Üniversiteler. İstanbul Bilgi Üniversitesi
yayımı. S. 211. İstanbul
Evans, G.R. (2007) Akademisyenler ve Gerçek Dünya. İstanbul Bilgi
Üniversitesi yayını. S. 250. İstanbul.
Gedikoğlu, T. (2013) Yükseköğretimde Akademik Özgürlük Yükseköğretim ve
Bilim Dergisi. Cilt/Volume 3, Sayı/Number 3, Aralık/December 2013; Sayfa/Pages 179-183.
GPPI. (2020) Free Universities: Putting the Academic Freedom Index into
Action. https://www.gppi.net/media/KinzelbachEtAl_2020_Free_Universities.pdf
Göknel, Veysel ve F. N. Seggie, (2014) Geçmişten
Günümüze Türkiye’de Akademik Özgürlük. S. 36. SETA yayını.
Kemal Gözler. (2020) Türkiye Nereye Gidiyor? Akademi ve Hukuk Üzerine Gözlemler
ve Eleştiriler (Makalelerim 2019). Bursa. Ekin. 2020. s.349-384.
Günay, D. (2008) Akademik Özgürlük ve Üniversite Özerkliği. www.durmusgünay.com
Hudson, Cheryl ve
Williams Joanne. (eds). (2016) Why Academic Freedom Matters: A response to
current challenges. ISBN 978-1-906837-82-2
İstanbul Aydın Üniversitesi. (2010). Akademik Özgürlük ve Özerklik.
Raporu. Küresel Görüş Programı. Akademik Mükemmellik Projesi. Rapor No. 14.
Lima
Declaration. (1988) The Lima Declaration on Academic Freedom and Autonomy of
Institutions of Higher Education. https://www.hrw.org/legacy/reports98/indonesia2/Borneote-13.htm#TopOfPage
Özipek, B. B. Akademik
Özgürlüğün Anlamı ve Gerekliliği. (2001). 185-195. http://www.libertedownload.com/LD/arsiv/24/15-bekir-berat-ozipek-akademik-ozgurlugun-anlami-ve-gerekliligi.pdf
Rapoport, N.B., Boyd W.S. (2010) Academic Freedom and Academic Responsibility.
Research Paper 10-09. https://scholars.law.unlv.edu/cgi/viewcontent.cgi?article=1142&context=facpub
Rajagopal, Balakrishnan. (2003) Academic
Freedom as a Human Right. https://www.files.ethz.ch/isn/47917/Academic_Freedom_Human_Rights.pdf
Rostan, M. (2010).
Challenges to Academic Freedom: Some Empirical Evidence. European Review, 18,
pp S71-S88 doi:10.1017/S1062798709990329
Scholars at Risk.
(2020) Free to Think Report of the Scholars at Risk Academic Freedom Monitoring
Project. ISBN 978-0-9994844-9-4
Spannagel, J. ve
arkadaşları. (2020) The Academic Freedom Index and Other New Indicators
Relating to Academic Space: An Introduction. V-Dem Institute.
https://www.v-dem.net/media/filer_public/0d/a3/0da3981c-86ab-4d4f-b809-5bb77f43a0c7/wp_spannagel2020.pdf
Vrielink, Jogchum
ve arkadaşları. (2011) Academic Freedom as a Fundamental Right. doi.org/10.1016/j.sbspro.2011.03.009
YÖK, Türkiye’nin Yükseköğretim Stratejisi.
(2007). S. 250. https://www.yok.gov.tr/Documents/Yayinlar/Yayinlarimiz/Turkiyenin-yuksekogretim-stratejisi.pdf
[1] The fact that many academicians
among former members of legislative bodies were appointed as rectors of various
universities leads to the impression that the principle of political loyalty
comes to the fore and the principle of merit is in the background.
[2] DECREE LAW ON THE AMENDMENTS TO
CERTAIN LAWS AND DECREE LAWS IN ORDER TO COMPLY WITH THE CHANGES AMENDMENTS IN
THE CONSTITUTION. Date: 2/7/2018. No: 703 Date of Authorization Law: 18/10/1982
No:2709
[3] The Decree Law No. 703 was issued
on the basis of the Authorization Law no. 2709 and dated 18/10/1982. The
purpose of the Decree Law (as its title suggests) is to comply with the
constitutional amendment. However, according to the case laws adopted by the
Constitutional Court in previous years, such amendments cannot be made with a
decree law and can only be made by law.
[4] Academy of Sciences, 2020.
[5] Günay, (unpublished work)
[6] Rajagopal, 2003, wants to refer to
UN documents such as "International Covenant on Civil and Political
Rights" (1966) and "International Covenant on Economic, Social and
Cultural Rights" (1966).
[7] “Declaration of Rights and Duties
Inherent in Academic Freedom” Siena, 1982,
[8] “Academic Freedom and Autonomy of
Institutions of Higher Education”, Lima, 1988.
[9] “Magna Charta Universtatum”,
Bologna, 1988.
[10] About 30 Turkish universities have
signed the declaration.
[11] State and foundation
[12] To give an international
example, the Massachusetts Institute of Technology (MIT) should be considered.
While MIT had 3,500 students at undergraduate level and 3,500 at graduate level
in the 1960s, the number of students barely reached 5000 and 5000 in
undergraduate and doctoral programs after 50 years.
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