Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Togo (RATIFICATION: 1960)

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The Committee notes the adoption of Act No. 2120-012 of 18 June 2021 issuing the Labour Code. In this regard, the Committee notes the joint observations of the Synergy of Workers of Togo (STT) and the National Union of Independent Workers of Togo (UNSIT), received on 31 October 2022. The Committee requests the Government to provide its comments in this respect.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations. Trade union rights of minors. The Committee notes with satisfaction that the provisions of section 12 of the Labour Code of 2006 have been repealed, thereby removing any obstacle to the exercise of the trade union rights of minors who have access to the labour market.

Length of the registration procedure. However, the Committee notes that, with reference to section 13 of the new Labour Code, the authorities have 90 days to complete the registration of a union. Recalling that a long registration procedure constitutes a serious obstacle to the establishment of organizations without previous authorization, contrary to Article 2 of the Convention, the Committee requests the Government to take the necessary measures, in consultation with the social partners, to amend section 13 of the Labour Code.

Article 3. Right of organizations to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and to formulate their programmes. Limitations on access to trade union office. The Committee notes that, in accordance with section 14(1) of the new Labour Code, the members with responsibility for the administration and direction of an occupational union of workers shall be active in the enterprise or establishment covered or in the branch or sector concerned. In the view of the Committee, such provisions infringe the right of organizations to draw up their constitutions and to elect their representatives in full freedom by preventing qualified persons (such as full-time officers or pensioners) from being elected (2012 General Survey on the fundamental Conventions, paragraph 102). The Committee requests the Government to make the legislative provisions more flexible, for example, by admitting as candidates persons who have previously been employed in the occupation concerned, or by exempting from the occupational requirement a reasonable proportion of the officers of the organization. The Committee also notes that, in accordance with section 14(3) of the new Labour Code, “persons may not exercise responsibility for the administration or direction of a union who have received a conviction involving loss of civic rights or a conviction to a correctional penalty, with the exception of: (a) convictions for offences involving imprudence, unless they have also taken flight in that context; and (b) convictions for misdemeanours for which the penalty is not subject to proof of bad faith and which only involve liability to a fine, with the exception of misdemeanours qualified as offences by company laws.” The Committee wishes to recall that conviction for an act the nature of which is not such as to call into question the integrity of the person concerned and is not such as to prejudice the performance of trade union duties should not constitute grounds for disqualification from trade union office (2012 General Survey on the fundamental Conventions, paragraph 106). The Committee therefore requests the Government to take the necessary measures, in consultation with the social partners, to amend section 14 of the Labour Code in line with the above comments.

The Committee finally notes that, under the terms of section 15 of the new Labour Code, “the bodies responsible for the administration and direction of the union shall be renewed at least once every five years by the general assembly or the congress”. The Committee wishes to recall in this regard that such provisions which regulate in detail the alternation in the leadership of certain workers’ or employers’ organizations are incompatible with the Convention as they amount to interference by the public authorities in trade union affairs. The Committee requests the Government to take the necessary measures, in consultation with the social partners, to repeal section 15 of the Labour Code, in line with the above comment.

Exercise of the right to strike. In its previous comments, the Committee requested the Government to amend section 275 of the Labour Code, which required the parties, during the course of a strike, to continue negotiations under the authority of a person designated by the Minister of Labour. The Committee notes with satisfaction the Government’s indication that section 275 has been revised in order to permit the parties to a dispute to choose the procedure for the settlement of the dispute. Section 329 of the new Labour Code has accordingly removed the requirement to continue negotiations under the authority of a person designated by the Minister of Labour. It provides that “during the course of the strike, the parties shall be under the obligation to continue negotiations – The parties may, by common agreement, have recourse to a mediator.”

However, the Committee observes that provisions such as those of section 322, under the terms of which the right to strike shall be exercised under conditions of duration and according to procedures that are compatible with the intrinsic requirements of the activity of the enterprise or establishment, and section 331(b), which prohibits any strike action from being pursued at the workplace, at its perimeter or within its immediate vicinity, all constitute limitations on the exercise of the right to strike. The Committee therefore requests the Government to take the necessary measures to amend sections 322 and 331 of the Labour Code.

Essential services. The Committee notes the Government’s indication that the issue of the determination of essential services in the event of a strike has been regulated by section 327 of the new Labour Code, and particularly subsections 3 and 4: “Services shall be considered essential the partial or total interruption of which is likely to seriously prejudice the peace, security, public order or public finances, or endanger the life or health of the whole or part of the population. Services shall also be essential which relate to security, health, education, justice, prison administration, energy, water, State financial institutions, banks and financial establishments, air and maritime transport, and communications, with the exception of private radio and television stations.”

In this regard, while recalling that States may restrict or prohibit the right to strike of public servants exercising authority in the name of the State, for example in the field of justice or fiscal administration, as referred to by the legislator, the Committee observes that services such as those relating to security, education, banks and financial establishments, as well as air and maritime transport, cannot be considered essential within the strict sense of the term, that is their interruption would not endanger the life, personal safety or health of the whole or part of the population. The Committee nevertheless emphasizes that, in order to prevent irreversible or disproportionate harm to the professional interests of the parties to a dispute, the authorities could establish a system of a negotiated minimum service in the event of a strike in these services. It also recalls that such a service should genuinely and exclusively be a minimum service, that is one which is limited to the operations that are strictly necessary to meet the basic needs of the population or the minimum requirements of the services, while maintaining the effectiveness of the pressure brought to bear. Moreover, as this system restricts one of the essential means of pressure available to workers to defend their interests, their organizations should be able to participate in defining such a service, along with employers and the public authorities (2012 General Survey on the fundamental Conventions, paragraphs 131, and 137). The Committee therefore requests the Government to take the necessary measures to amend section 327 of the Labour Code so as to adjust the definition of essential services and provide, where appropriate, for a minimum negotiated service in the event of strikes in such services, in accordance with the principles recalled above.

Application of the Convention in export processing zones. The Committee notes the general information provided by the Government concerning the application of the rights guaranteed by the Convention in export processing zones, as well as the data on the conciliation of individual and collective disputes.

The Committee recalls that the Government may avail itself of technical assistance of the Office in order to ensure the full conformity of the provisions of the new Labour Code with the Convention.

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Referring to the follow-up to the recommendations of the Committee on Freedom of Association and the Governing Body concerning the violations of the rights of the members of the National Council of Employers of Togo (CNP-Togo) to freely choose their representatives and carry out their activities without interference, the Committee notes with interest the outcome of this dispute (see Case No. 3105, 382nd Report, June 2017).

However, the Committee notes with regret that the Government has not provided responses to the comments that it has been making for several years and that the Government merely reiterates that it will take account of the Committee’s comments in the ongoing process of legislative reform. The Committee urges the Government to immediately take the necessary steps to ensure the full conformity of the national legislation and regulations with the Convention, on the following points:

• -Article 2 of the Convention. Trade union rights of minors. Section 12 of the Labour Code needs to be amended so that minors who have reached the statutory minimum age for admission to employment (15 years of age under section 150 of the Labour Code) can exercise their trade union rights without the need for authorization from their parents or guardians.
• -Article 3. Right of organizations to organize their activities and formulate their programmes. Measures are needed to: (i) adopt the decrees referred to in sections 273 and 274 of the Labour Code on the determination of essential services in the event of a strike; and (ii) amend section 275 of the Labour Code, to ensure that the parties to a collective dispute are free to choose the procedure for the settlement of the dispute.
• -Application of the Convention in the export processing zone. In its previous comments, the Committee requested the Government to: (i) specify the authorities empowered to supervise the application of the rights guaranteed by the Convention in the export processing zone; (ii) indicate the bodies authorized to settle collective labour disputes arising in the export processing zone; and (iii) provide information on all cases since October 2012 of labour disputes in the export processing zone that have been brought before labour courts and their outcomes, as well as all instances since October 2012 of conciliation for individual or collective labour disputes in the export processing zone.

The Committee urges the Government to provide information on any new developments in relation to the issues raised.

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Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes. In its previous comments, the Committee requested the Government to take the necessary measures for the rapid adoption of the decrees referred to in sections 273 and 274 of the Labour Code on the determination of essential services in the event of a strike. The Committee notes the Government’s indication that the preliminary draft of these decrees has already been prepared, and that the decrees will be communicated to the Office as soon as they are adopted. The Committee hopes that it will soon be in a position to review the content of the above decrees.

In its previous comments, the Committee requested the Government to provide information on any consultations held on the amendment of section 275 of the Labour Code, to ensure that the parties to a collective dispute are free to choose the procedure for the settlement of the dispute. The Committee notes the Government’s indication that the discussions concerning the revision of the Labour Code are under way, which will enable consideration of the amendment of section 275. The Committee hopes that the Government will report in the near future that section 275 of the Labour Code has been amended as indicated, and requests it to provide full information in this regard.

Application of the Convention in the export processing zone. In its previous comments, the Committee requested the Government to provide a copy of the new Act on the export processing zone, as well as of any implementing decree, and to reply to the observations of the International Trade Union Confederation (ITUC) on violations of the Convention in the export processing zone resulting from the delay in implementing the new Act. In this regard, the Committee notes that the Government has provided a copy of the Act and various implementing decrees. The Committee also notes the Government’s indication that: (i) the freedom of association of workers in the export processing zone is guaranteed not only by the legislation, but also by Title III of the collective agreement for the export processing zone, signed on 16 October 2012; (ii) in this context, four trade unions are operating freely in enterprises in this zone; (iii) the Ministry of Labour, Employment and Social Security has provided the administration of the export processing zone with a labour inspector who performs the duties set out in section 183 of the Labour Code; and (iv) the labour courts have jurisdiction to settle individual labour disputes between workers and employers in the export processing zone, which are governed by Title IX of the Labour Code. The Committee also observes that section 6(c) of Decree No. 2013-092/PR establishing the mandate, organization and operation of the National Agency for the Promotion of Investments, and the Export Processing Zone (API-Zi) sets out that the API-Zi shall ensure: (i) the monitoring of general working conditions and the organization of conciliation for individual and collective labour disputes; and (ii) the control, inspection and supervision of zones and enterprises approved in the export processing zone and in the special economic regime zone. The Committee therefore requests the Government to: (i) specify the authorities empowered to supervise the application of the rights guaranteed by the Convention in the export processing zone; (ii) indicate the bodies authorized to settle collective labour disputes arising in the export processing zone; and (iii) provide information on all cases since October 2012 of labour disputes in the export processing zone that have been brought before labour courts and, as well as all instances since October 2012 of conciliation for individual or collective labour disputes in the export processing zone.

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The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2015, which are of a general nature. The Committee also notes the joint observations of the IOE and the National Council of Employers of Togo (CNP-Togo), received on 31 August 2015, denouncing the Government’s incapacity to prevent the obstruction of the right, guaranteed by Article 3 of the Convention, of the members of the CNP-Togo to elect their representatives freely, the consequence of which has been that the CNP-Togo has been prevented from organizing its activities and formulating its programmes since 2013. The Committee observes that this matter has been the subject of a complaint before the Committee on Freedom of Association, which issued recommendations in this regard in May 2015. In these recommendations, the Committee: (i) invited the parties to the dispute, if the solution proposed by the justice system did not suit them, to agree on the appointment of an independent mediator who would assist them in implementing a procedure accepted by all to enable the CNP-Togo members to choose their representatives freely and quickly; (ii) requested the Government to ensure the reopening (unsealing) of the CNP-Togo premises and, pending the holding of new elections to the management board of the CNP-Togo, to take all necessary steps to enable the CNP-Togo to conduct its activities without hindrance (Case No. 3105, 375th Report of the Committee on Freedom of Association, paragraph 531). The Committee also notes the indications of the IOE and the CNP-Togo that: (i) the mediation procedure recommended by the Committee on Freedom of Association has not produced good results in the past due to a lack of will; and (ii) an objection was raised before the Credentials Committee as to the composition of the delegation of employers of Togo at the 2015 session of the International Labour Conference. The Committee expresses its concern that the CNP-Togo has been unable to carry out its activities for the defence and promotion of its members’ interests since 2013, which constitutes a violation of Article 3 of the Convention. The Committee urges the Government to take all the necessary measures to give effect, without any further delay, to the recommendations of the Committee on Freedom Association on this subject, so as to, in conformity with the Convention, enable the CNP-Togo to carry out its activities.

Article 2 of the Convention. Trade union rights of minors. In its previous comments, the Committee indicated that section 12 of the Labour Code, which recognizes freedom of association for minors over 16 years of age, unless their parents or guardians object, is not in conformity with Article 2 of the Convention, and it requested the Government to take the necessary measures to ensure that minors who have reached the statutory minimum age for admission to employment (15 years of age under section 150 of the Labour Code) can exercise their trade union rights without the need for authorization from their parents or guardians. The Committee notes the Government’s indications that the discussions concerning the revision of the Labour Code are under way, which means that the amendment of section 12 can be considered. The Committee hopes that the Government will report in the near future the revision of section 12 of the Labour Code as indicated, and requests it to provide any information in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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Comments by the International Trade Union Confederation (ITUC). The Committee notes the comments by the ITUC, dated 31 July 2012, on the difficulties faced by newly established trade unions in operating in export processing zones and the delay in implementing the new Act on export processing zone which has resulted in numerous violations of workers’ rights, including their trade union rights. The Committee requests the Government to provide its observations in reply to the ITUC’s comments.

Article 2 of the Convention. Export processing zone. The Committee notes the Government’s indication that the new Act on the export processing zone was adopted by the National Assembly and enacted on 24 June 2011. It requests the Government to provide it with a copy of the new Act on the export processing zone, as well as any decree issued under that Act.

Trade union rights of minors. In its previous comments, the Committee indicated that section 12 of the Labour Code, which recognizes the principle of freedom of association for minors over 16 years of age, unless their parents or guardians object, is not in conformity with Article 2 of the Convention and requested the Government to take necessary measures to ensure that minors who have reached the statutory minimum age for admission to employment (15 years of age under section 150 of the Labour Code) can exercise their trade union rights without the need for authorization from their parents or guardians. The Committee notes the Government’s indication that it undertakes, in the context of the forthcoming revision of the Labour Code, to redraft section 12 to avoid any ambiguity in its interpretation. The Committee hopes that the Government will report in the near future the revision of section 12 of the Labour Code to grant minors who have reached the statutory minimum age for admission to employment (15 years of age under section 150 of the Labour Code), either as workers or apprentices, the possibility to exercise their trade union rights without the need for authorization from their parents or guardians.

Article 3. Right to strike. In its previous comments, the Committee requested a copy of the decrees provided for under sections 273 and 274 of the Labour Code on the determination of essential services in the event of a strike. The Government previously indicated that these decrees had been submitted to and approved by the National Council for Labour and Social Legislation in November 2009, but that their adoption had been delayed by the holding of the presidential elections. In its report, the Government indicates that these decrees will be forwarded once they have been adopted. The Committee hopes that the Government will take the necessary measures with a view to adopting the above decrees in the near future and that it will not fail to provide a copy to the Office.

Furthermore, in its previous comments, the Committee requested the Government to amend section 275 of the Labour Code, which requires the parties, during a strike, to continue negotiations under the authority of a person appointed by the Minister of Labour, when the parties cannot reach agreement on a mediator of their choice, is liable to infringe the right of trade unions to organize their activities and to formulate their programmes without interference by the public authorities, in accordance with Article 3 of the Convention. The Committee, noting the Government’s indication that in the event of a collective dispute the social partners often prefer the mediation of the General Labour Directorate, nevertheless recalls that it is preferable, with a view to obtaining and maintaining the confidence of the parties to a dispute, to allow them to choose the procedures for the settlement of the dispute themselves. The Committee also notes the Government’s indication of its willingness to consult the social partners on this subject in social dialogue bodies and to welcome their proposals for the reformulation of section 275 of the Labour Code. The Committee requests the Government to provide information on any consultations held regarding section 275 of the Labour Code and the changes envisaged to bring it into compliance with Article 3 of the Convention.

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Article 2 of the Convention. Trade union rights of minors. The Committee noted previously that, under section 12 of the Labour Code (Act No. 2006–010 of 13 December 2006), minors aged over 16 years may join trade unions, subject to authorization from their father, mother or guardian. The Committee notes the Government’s indication in its report that section 12 of the Labour Code clearly recognizes the principle of freedom of association for minors aged 16 years, but that all rights may be subject to a restriction on condition that such a restriction is intended for the protection of a legitimate interest and is proportional to the objective sought. The Committee notes that the Government bases the need for such parental authorization on the importance of protecting parents against any damages that their child may cause (for example, in the context of a strike) and of protecting the child from the influence of other workers. The Committee recalls that Article 2 of the Convention guarantees all workers, without distinction whatsoever, the right to establish and join organizations and that it does not authorize any distinction on such grounds as age. The Committee therefore considers that section 12 of the Labour Code is not in conformity with Article 2 of the Convention. The Committee reiterates its request to the Government to take the necessary measures to ensure that minors who have reached the statutory minimum age for admission to employment (15 years of age under section 150 of the Labour Code), either as workers or apprentices, can exercise their trade union rights without the need for authorization from their parents or guardian.

Article 3. Right to strike. In its previous direct request, the Committee observed that, under section 273 of the Labour Code, if a strike affects an essential service, the competent authority may requisition those workers engaged in jobs that are vital to the safety of persons and goods. The Committee noted that the list of jobs so established is determined by decree of the Council of Ministers and that, under section 274 of the Labour Code, the list of enterprises providing an essential service within the meaning of section 273 is established by decree of the Council of Ministers. The Committee requested the Government to indicate whether the decrees provided for under sections 273 and 274 of the Labour Code had been adopted. The Committee notes the Government’s indication in its report that the decrees envisaged in sections 273 and 274 of the Labour Code were submitted to and approved by the National Council for Labour and Social Legislation in November 2009, but that their adoption has been delayed by the holding of presidential elections. The Committee requests the Government to provide copies of these decrees once they have been adopted.

In its previous direct request, the Committee also noted that, under section 275 of the Labour Code, during a strike, the parties are under the obligation to continue negotiations under the authority of a person appointed by the Minister of Labour and that the same provision establishes as an exception to this obligation cases in which the parties agree to have recourse to a mediator. The Committee notes the Government’s indication in its report that the spirit of the text is not to impose mediation upon the parties, but instead to encourage them not to break off negotiations, even during the strike, and that the appointment of a mediator by the Minister is guided by the concern to allow negotiations to be held under the guidance of a person with proven expertise and a high moral standing. The Committee considers that it is preferable, with a view to obtaining and maintaining the confidence of the parties to a dispute, to allow them to choose the procedures for the settlement of the dispute themselves (including the choice of having recourse to mediation). The Committee wishes to draw the Government’s attention to the fact that such a provision, which imposes negotiation through the intervention of the labour authorities, in cases where the parties do not reach agreement on a mediator of their own choice, runs the risk of prejudicing the right of trade union organizations, in accordance with Article 3 of the Convention, to organize their activities and to formulate their programmes without interference by the public authorities. The Committee therefore reiterates its request to the Government to take the necessary measures to amend section 275 of the Labour Code in this sense.

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The Committee notes the Government’s reply to the observations made by the International Trade Union Confederation (ITUC) dated 26 August 2009, and the observations of the ITUC dated 24 August 2010.

Article 2 of the Convention. Export processing zones. The Committee recalls that for a number of years it has been requesting the Government to recognize the trade union rights of workers in export processing zones. The Committee notes the Government’s indication in its report that no provisions of the specific texts respecting processing zones exclude the application of the provisions of the Labour Code (Act No. 2006-010 of 13 December 2006) and that all workers in enterprises approved with the status of processing zones benefit from the guarantees afforded by the Labour Code. The Committee also notes with interest the Government’s indication in its report that trade union organizations for workers in processing zones were created in 2009 and 2010 (the Trade Union Federation of Workers in Export Processing Zones (USYNTRAZOF), the National Union of Workers in Processing Zones of Togo (SYNATRAZOFT) and the Free Trade Union of Workers in Processing Zones of Togo (SYLITRAZOF)) and that, for the purposes of clarification, including the extent of trade union freedoms, the Government has decided, with the support of the International Labour Office, to undertake the revision of Act No. 89-14 of 18 September 1989 establishing the rules governing processing zones and subsequent texts. The Committee requests the Government to indicate the progress achieved in relation to the revision of the Act, and to provide a copy of such instrument with its next report. It recalls the importance that it attaches to the value of the consultation of employers’ and workers’ organizations in the preparation and implementation of legislation affecting their interests.

The Committee is raising other points in a request addressed directly to the Government.

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Article 2 of the Convention. Trade union rights of minors. The Committee noted previously that, under section 12 of the Labour Code (Act No. 2006-010 of 13 December 2006), minors aged over 16 years may join trade unions, subject to authorization from their father, mother or guardian. The Committee drew the Government’s attention to the fact that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations of their own choosing. The Committee is of the view that the Convention does not authorize any distinction based on the grounds of age, and that section 12 of the Labour Code is not in conformity with Article 2 of the Convention. Consequently, while noting the Government’s indication that the rule set out in the Labour Code consists of the freedom of membership by minors and the restrictions, which constitute exceptions, and are only intended to protect minors more effectively, the Committee requests the Government to take the necessary measures to ensure that minors who have reached the statutory minimum age for admission to employment (15 years of age under section 150 of the Labour Code), either as workers or apprentices, can exercise their trade union rights without the need for authorization from their parents or guardian. The Government is requested to indicate any progress achieved in this respect.

Article 3. Right to strike. The Committee noted previously that, under section 273 of the Labour Code, if a strike affects an essential service, the competent authority may requisition those workers in jobs that are vital to the safety of persons and goods. The Committee noted that the list of jobs so established is determined by a decree of the Council of Ministers and that, under section 274 of the Labour Code, the list of enterprises providing an essential service within the meaning of section 273 is established by a decree of the Council of Ministers. The Committee previously requested the Government to indicate whether the decrees provided for under sections 273 and 274 of the Labour Code had been adopted. The Committee notes the Government’s indication that the decrees have not yet been issued and that a consultant has been recruited to propose a first draft of all the texts to be issued under the Labour Code. The Committee requests the Government to provide copies of the above decrees once they have been adopted.

Furthermore, the Committee noted previously that, under section 275 of the Labour Code, during a strike, the parties are under the obligation to continue negotiations under the authority of a person appointed by the Minister of Labour. The Committee notes the Government’s indication that this provision establishes, as an exception to this requirement, cases in which the parties agree to have recourse to a mediator. The Committee wishes to draw the Government’s attention to the fact that such a provision, which establishes the obligation to hold negotiations with the involvement of the labour authority in cases where the parties do not opt for mediation, might infringe upon the right of trade union organizations to organize their activities, in accordance with Article 3 of the Convention, and to formulate their programmes without interference from the public authorities. The Committee considers that it is preferable to gain and maintain the confidence of the parties to a dispute, to permit them to choose voluntary mediation or arbitration procedures with a view to a settlement. The Committee therefore requests the Government to amend section 275 of the Labour Code so as to ensure that, during a strike and with a view to settling the dispute, only by common agreement may the parties have recourse to mediation or arbitration procedures, through an independent body which enjoys their confidence and without the intervention of the public authorities.

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The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 26 August 2009. The Committee requests the Government to provide its observations in this respect.

Article 2 of the Convention. Export processing zones. The Committee recalls that it has been asking the Government for several years to recognize the trade union rights of workers in export processing zones. The Committee requests the Government to indicate whether, under the terms of the new Labour Code (Act No. 2006-010 of 13 December 2006), this category of workers benefits from the guarantees afforded by the Convention. It also once again requests the Government to provide information on any trade union organization that has requested the legal capacity to defend workers in export processing zones.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes the adoption of Act No. 2006-010 of 13 December 2006 on the Labour Code.

Article 2 of the Convention. Trade union rights of minors. The Committee notes that under section 12 of the new Labour Code (Act No. 2006-010 of 13 December 2006), minors aged over 16 years may belong to trade unions, subject to authorization from their father, mother or tutor. The Committee draws the Government’s attention to the fact that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations of their own choosing. The Committee is of the opinion that the Convention does not authorize any distinction based on the grounds of age. Section 12 of the Labour Code is therefore not in conformity with Article 2 of the Convention. Consequently, the Committee requests the Government to take the necessary measures to ensure that minors having reached the statutory minimum age of admission to employment (15 years of age under section 150 of the Labour Code), either as workers or apprentices, might exercise their trade union rights without requiring authorization from their parents or tutor. The Government is requested to indicate any progress achieved in this respect.

Article 3. Right to strike. The Committee notes that under section 273 of the Labour Code, if a strike affects an essential service, the competent authority may requisition those workers in jobs that are vital to the safety of persons and goods. The list of jobs established as such, are fixed by a decree of the Council of Ministers. Moreover, under section 274 of the Code, the list of enterprises providing an essential service in the sense of section 273 is established by decree of the Council of Ministers. The Committee requests the Government to indicate whether the decrees provided under sections 273 and 274 of the Labour Code have been adopted and, if so, to provide a copy of them.

The Committee further notes that under section 275 of the Labour Code, during a strike, the parties are obliged to undertake negotiations under the authority of a person appointed by the Minister of Labour. The Committee wishes to draw the Government’s attention to the fact that such a provision, which obliges negotiations with the involvement of the labour authority, might infringe the trade union organizations’ right to organize their activities and to formulate their programmes without interference from the public authorities, enshrined in Article 3 of the Convention. The Committee considers that it is preferable, to gain and maintain the confidence of the parties to a dispute, to leave it up to them to choose the voluntary mediation or arbitration procedures with a view to a settlement. Consequently, the Committee requests the Government to amend section 275 of the Labour Code to ensure that, during a strike and with a view to settling the dispute, only the parties may, with a common agreement, decide to resort to mediation or arbitration procedures by an independent body in which they have confidence, without intervention of the public authorities.

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The Committee notes with regret that the Government’s report has not been received. The Committee takes note of observations made on 29 August 2008 by the International Trade Union Confederation (ITUC), which refer to matters already raised by the Committee, as well as to the intervention of law enforcement services to prevent a trade union demonstration. The Committee requests the Government to provide its observations thereon.

Furthermore, the Committee notes the adoption of Act No. 2006-010 of 13 December 2006 issuing the Labour Code.

Article 2 of the Convention. Export processing zones (EPZs). The Committee recalls that it has been asking the Government for several years to recognize the trade union rights of workers in EPZs. It requests the Government to indicate whether this category of worker benefits from the guarantees provided by the Convention under the new Labour Code. Furthermore, it requests the Government once again to provide information on any trade union organization that has requested the legal capacity to defend workers in EPZs.

Article 3. Right of organizations to elect their representatives in full freedom. The Committee recalls that its previous comments concerned the right of foreign workers to hold trade union offices. The Committee notes with interest that under section 11 of the new Labour Code, migrant workers regularly established in the country and enjoying their civic rights, may be entrusted with the administration and management of a trade union.

The Committee raises other questions in a direct request to the Government.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2 of the Convention. Export processing zones. The Committee also notes the comments made by the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation) on 10 August 2006 referring to matters already raised in its previous observation, and particularly the exercise of trade union rights in export processing zones. In this regard, recalling that for several years it has been commenting on the need for workers in export processing zones to benefit from trade union rights, the Committee requests the Government to keep it informed of any trade union organization that has requested the legal capacity to defend workers in export processing zones.

Article 3. Right of foreign workers to hold trade union office. In its previous comments, the Committee noted the draft amendment prepared by the Government to bring section 6 of the Labour Code, concerning the right of foreign workers to hold trade union office, into conformity with the Convention. The Committee noted that, according to the Government, the draft text of the new Labour Code, which was in the final stages of adoption, took this concern into account and contained provisions that are compatible with the Convention. The Committee requests the Government to keep it informed in this respect and to provide a copy of the abovementioned text.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that the Government’s report has not been received.

Article 2 of the Convention. Export processing zones. The Committee also notes the comments made by the International Confederation of Free Trade Unions (ICFTU) on 10 August 2006 referring to matters already raised in its previous observation, and particularly the exercise of trade union rights in export processing zones. In this regard, recalling that for several years it has been commenting on the need for workers in export processing zones to benefit from trade union rights, the Committee requests the Government to keep it informed of any trade union organization that has requested the legal capacity to defend workers in export processing zones.

Article 3. Right of foreign workers to hold trade union office. In its previous comments, the Committee noted the draft amendment prepared by the Government to bring section 6 of the Labour Code, concerning the right of foreign workers to hold trade union office, into conformity with the Convention. The Committee noted that, according to the Government, the draft text of the new Labour Code, which was in the final stages of adoption, took this concern into account and contained provisions that are compatible with the Convention. The Committee requests the Government to keep it informed in this respect and to provide a copy of the abovementioned text.

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The Committee notes the Government’s report.

Article 2 of the Convention. In its previous observation, noting that the agreement of 1996 was vague and afforded no safeguards for the rights of workers in export processing zones, the Committee had requested the Government to confirm that the provisions of the Labour Code of 1974 on freedom of association do indeed have force of law in these zones. In this respect, the Committee takes due note of the indication in the Government’s report that no provision of Act No. 89-14 of 18 September 1989 establishing the status of export processing zones and its implementing Decree No. 90/40 of 4 April 1990 excludes the application of the provisions of the Labour Code in respect of freedom of association in enterprises located in export processing zones.

The Committee had also requested the Government to provide all available information on the representation of workers in export processing zones (for example, representation by unions, the number of members, etc.). The Committee notes the Government’s indication that it does not currently have any statistics concerning unionization in Togo and that no study or survey has been carried out on this subject. Noting that section 5 of the Act respecting the contracts of associations, of 1 July 2001, provides that any association that wishes to obtain legal capacity shall first submit a statement to the préfecture or sous-préfecture in the area in which the association will have its official headquarters, the Committee requests the Government to provide information in future on any trade union organization which requests the legal capacity to defend workers in export processing zones.

Article 3. In its previous comments, the Committee had noted the draft amendment prepared by the Government to bring section 6 of the Labour Code concerning the right of foreign workers to hold trade union office into conformity with the Convention. The Committee notes the Government’s indication that the draft text of the new Labour Code, which is in the final stages of adoption, takes this concern into account and contains provisions that are compatible with the Convention. The Government adds that a copy of the text will be sent to the ILO once it has been adopted. The Committee takes due note of this information and requests the Government to keep it informed on this matter.

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The Committee notes the information supplied by the Government in its report.

1. Article 2 of the Convention. In its previous observations, the Committee noted that the agreement of 1996 was vague and afforded no safeguards for the rights of workers in export processing zones, particularly the right of access for trade union officers, the right to form unions and the right to nominate candidates.

In a previous report the Government stated that the provisions of the Labour Code of 1974 apply to labour relations between employers and workers in the export processing zones established pursuant to Act No. 89-14 of September 1989. The Committee requests the Government to confirm that the provisions of the Labour Code on freedom of association have force of law in these zones.

Noting that, according to the Government, no trade union organizations have complained of candidates not being nominated as trade union delegates for the purpose of representing workers, the Committee asks the Government to provide all available information on the representation of workers in export processing zones (for example, representation by unions, number of members, etc.).

2. Article 3. In its previous comments the Committee noted that section 6 of the Labour Code of 1974 was incompatible with the Convention as regards the right of foreign workers to hold trade union office, at least after a reasonable period of residence in the host country. The Committee noted the draft amendment prepared by the Government to bring section 6 of the Labour Code of 1974 into conformity in this respect. The Committee notes from the information in the Government’s latest report that this legislative amendment has not yet been adopted.

The Committee hopes that the Government will take the necessary steps to ensure that the draft amendment is adopted in the very near future and requests it to provide a copy once it has been adopted.

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The Committee has noted the information supplied by the Government in its report. It recalls that its previous comments related to the following points:

1.  Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join trade union organizations, including in export processing zones.  The Committee noted that Chapter V of the agreement concluded on 1 June 1996 concerning relations between employers and workers in the Togolese processing zone, which deals with worker representatives within the enterprises, governs in particular the election procedures for staff representatives, but makes no reference to trade union organizations. Moreover, the Committee notes that Act No. 89-14 of 18 September 1989, establishing the export processing zone, provides, under section 30, that "access to the zone is restricted to duly authorized persons and vehicles". In this connection, the Committee asked the Government to specify whether trade union organizations have free access to processing zones and if they have the right and possibility of presenting candidates as trade union delegates with a view to representing the workers of these zones. In its latest report, the Government indicates that the 1996 agreement contains no provisions banning trade union organizations from processing zones. With regard to the impossibility of presenting candidates as trade union delegates with a view to representing workers, no complaint to this effect has been made by the trade union organizations. While noting this information, the Committee recalls that Article 1 of the Convention provides that the Government must undertake to give full effect to the provisions of the Convention. Consequently, the Committee requests the Government to envisage the adoption of specific provisions in order to guarantee workers in the export processing zones the right to establish trade unions and to present candidates as trade union delegates to represent them in those zones. It requests the Government to indicate in its next report the measures that have been taken to this effect.

2.  Article 3. Right of workers’ organizations to elect their representatives in full freedom.  The Committee recalls that its previous comments dealt with the right of foreign workers to hold trade union office, at least after a reasonable period of residence in the host country. In this regard, the Committee requested the Government to amend section 6 of the Labour Code of 1974, which prohibits foreigners from holding administrative or management posts in trade unions. The Committee notes with interest the information supplied by the Government in its report to the effect that a draft amendment of this section provides that "members responsible for the administration or management of a union must be of Togolese nationality or be migrant workers residing officially on the national territory and in possession of their civic rights". The Committee expresses the hope that the Government will take the necessary measures without delay to amend section 6 of the Labour Code of 1974 and requests the Government to send it the text of this amendment once adopted.

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The Committee notes the information supplied by the Government in its report.

1. Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join trade union organizations, including in export processing zones. The Committee notes the Government's statement that labour relations between employers and workers in the Togo processing zone are governed by an agreement concluded on 1 June 1996 between the interested parties, and submitted to the clerk of the court of the first instance of Lomé. The Government annexes a copy of this agreement. The Committee notes that Chapter V of the agreement, which deals with worker representatives within the enterprises, governs in particular election procedures for staff representatives, but makes no reference to trade union organizations. Moreover, the Committee notes that Act No. 89-14 of 18 September 1989, establishing the export processing zone, provides, under section 30, that "access to the zone is restricted to duly authorized persons and vehicles". In this connection the Committee requests the Government to specify in its next report whether trade union organizations have free access to processing zones and if they have the right and possibility of presenting candidates as trade union delegates with a view to representing the workers of these zones.

2. Article 3. Right of workers' organizations to elect their representatives in full freedom. The Committee recalls that its previous comments dealt with the right of foreign workers to hold trade union office, at least after a reasonable period of residence in the host country. The Committee notes the Government's statement that measures in this regard are envisaged in the new Labour Code currently in preparation. The Committee expresses the hope that the Government will take the necessary measures without delay to amend section 6 of the Labour Code of 1974, which prohibits foreigners from carrying out administrative or managerial office in trade unions and requests the Government to keep it informed on all developments in this connection.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join trade union organizations, including in export processing zones. The Committee notes the Government's statement that the provisions of the Labour Code of 1974 apply to labour relations between employers and workers in the export processing zones established under Act No. 89-14 of September 1989. It requests the Government to provide a copy of any collective agreements covering workers in the above zones. 2. Article 3. Right of workers' organizations to elect their representatives in full freedom. The Committee recalls that foreign workers must be allowed to hold trade union office at least after a reasonable period of residence in the host country, and requests the Government to take the necessary measures without delay to amend section 6 of the Labour Code of 1974, which prohibits foreigners from carrying out administrative or management functions in trade unions. It requests the Government to keep it informed of any developments in this respect and to provide it with a copy of the text of the amended Labour Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the information contained in the Government's report.

1. Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join trade union organizations, including in export processing zones. The Committee notes the Government's statement that the provisions of the Labour Code of 1974 apply to labour relations between employers and workers in the export processing zones established under Act No. 89-14 of September 1989. It requests the Government to provide a copy of any collective agreements covering workers in the above zones.

2. Article 3. Right of workers' organizations to elect their representatives in full freedom. The Committee recalls that foreign workers must be allowed to hold trade union office at least after a reasonable period of residence in the host country, and requests the Government to take the necessary measures without delay to amend section 6 of the Labour Code of 1974, which prohibits foreigners from carrying out administrative or management functions in trade unions. It requests the Government to keep it informed of any developments in this respect and to provide it with a copy of the text of the amended Labour Code.

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Right of workers without distinction whatsoever to form and join trade unions, including in export processing free-zones

1. Article 2 of the Convention. With reference to its previous direct requests, the Committee regrets to note that the Government's report contains no information on labour relations in the industrial free-zones on its territory. It therefore once again asks the Government in conformity with the requirements of the Convention to indicate whether the provisions of the 1974 Labour Code apply to labour relations between employers and workers in the export processing zones established under Act No. 98-14 of 18 September 1989. It requests it to provide the texts of any collective agreements covering workers in the above zones.

Right of workers' organizations to elect their representatives freely

2. Article 3. The Committee notes with interest that the Government has taken note of the need to amend section 6 of the Labour Code prohibiting foreigners from carrying out administrative or management functions in trade unions. It asks the Government to take the necessary measures in the near future to bring its legislation into line with the requirements of the Convention and to keep it informed of any developments in this respect, and to send a copy of the amended Labour Code.

Deduction of trade union dues

3. The Committee takes due note of the Government's statement in its report that section 4(3) of the 1974 Labour Code, which provides that trade union dues may be deducted from the salaries of workers following their written consent, is now being applied in practice.

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With reference to its previous comments, the Committee notes from the Government's report that the export processing free zones are in the process of being set up and that it is only after the completion of this process that the legislation applicable to labour relations between employers and workers will be determined. The Committee therefore requests the Government to indicate whether the provisions of the Labour Code of 1974 will apply to industrial relations between employers and workers employed in free zones in conformity with the requirements of the Convention once the latter have been set up.

The Committee also notes the Government's statement that foreigners cannot be responsible for the administration or management of trade unions in Togo but that they can join these unions (section 6 of the Labour Code).

The Committee once again draws the Government's attention to the fact that foreign workers should be able to hold trade union office, at least after a reasonable period of residence (paragraph 160 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee requests the Government to take measures to amend section 6 of the Labour Code along the lines suggested above, so as to bring its legislation into full conformity with the Convention.

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With reference to its previous comments, the Committee takes note of the Government's report indicating that the repeal of Ordinance No. 77-5 of 4 March 1977, which provided for the compulsory deduction of trade union dues for the National Confederation of Workers of Togo (CNTT), resulted in the repeal of Decree No. 77-66 of 14 March 1977 fixing the amount of trade union dues.

It therefore requests the Government to confirm, in its next report, that section 4(3) of the Labour Code which stipulates that trade union dues may be deducted from the salaries of workers following their written consent, now governs the regime of trade union dues.

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With reference to its previous comments, the Committee once again requests the Government to:

- indicate whether the provisions of the Labour Code of 1974 apply to labour relations between employers and workers employed in free zones;

- supply a copy of Act No. 61-27 of 16 August 1961 authorising the Government to expel, intern or banish persons who are dangerous for the public order or the security of the State, which was brought back into force for a period of three years by Ordinance No. 88-6 of 1988;

- indicate the measures taken or envisaged to enable foreigners to have access to trade union office (section 6 of the Labour Code).

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The Committee notes the text of Decision No. 14 of the Supreme National Conference, repealing Ordinance No. 77-5 of 4 March 1977 which provided for the compulsory deduction of trade union dues for the National Confederation of Workers of Togo (CNTT), designated by name in the legislation.

It observes, however, that Decision No. 14 does not refer to Decree No. 77-66 of 14 March 1977 fixing the amount of trade union dues. It therefore requests the Government, in its next report, to indicate whether this Decree has also been repealed and to provide copies of any legal texts currently governing this matter.

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1. With reference to Act No. 89-14 of 18 September 1989 to issue the regulations governing the export processing free zone, the Committee requests the Government to indicate whether the provisions of the Labour Code of 1974 apply to industrial relations between employers and workers employed in free zones.

2. The Committee notes that, under the terms of Ordinance No. 88-6 of 27 October 1988, Act No. 61-27, of 16 August 1961, authorising the Government to expel, intern or banish persons who are dangerous for the public order and the security of the State, was brought back into force for a period of three years, and it requests the Government to indicate whether this measure fell into abeyance upon the completion of this period.

It would be grateful if the Government would supply a copy of Act No. 61-27 of 16 August 1961.

3. The Committee also notes that, by virtue of section 6 of the Labour Code, the members responsible for the administration or management of an occupational trade union must be of Togolese nationality.

The Committee draws the Government's attention to the fact that foreign workers should be able to hold trade union office, at least after a reasonable period of residence (paragraph 160 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee requests the Government to indicate in its next report the measures that have been taken or are contemplated in this respect.

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With reference to its previous comment concerning the provisions of Ordinance No. 77-5 of 4 March 1977 and of Decree No. 77-66 of 14 March 1977, which provide for the compulsory deduction of trade union dues for the National Confederation of Workers of Togo (CNTT), designated by name in the legislation, the Committee notes the information supplied by the Government in its report to the effect that it has noted the Committee's observations and that the appropriate measures will be taken in order to bring the legislation into conformity with the Convention.

The Committee recalls that the legislation respecting the compulsory deduction of trade union dues, in its current form, has the effect of limiting the principle of trade union pluralism that is recognised in the national legislation even though, as the Government indicated in a previous report, the system for the deduction of trade union dues for the CNTT was introduced in the legislation after the agreement of the members of the CNTT.

Given that the issue of compulsory deduction of union dues in favour of the CNTT has been raised for several years, the Committee urges the Government to take steps to amend the legislation on this point. It points out, in this connection, that the Government could envisage the adoption of a provision making it possible, without naming them, for representative trade union organisations (according to the current law or practice) to request, following the agreement of their members, to benefit from the deduction from wages of trade union dues.

The Committee requests the Government to supply information on the measures that have been taken or are contemplated in this respect.

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For several years, the Committee's comments have related to the provisions of Ordinance No. 77-4, of 4 March 1977, and of Decree No. 77-66, of 14 March 1977, which provide for the compulsory deduction of trade union dues for the National Confederation of Workers of Togo (CNTT), designated by name in the legislation.

While recognising that the 1974 Labour Code, in section 4, places no obstacle in the way of trade union pluralism, the Committee emphasised that legal provisions designating a particular central organisation which benefits from a union security system are similar in their results to those establishing trade union monopoly. In this connection, it referred to paragraphs 144 and 145 of its 1983 General Survey on Freedom of Association and Collective Bargaining.

In reply to the Committee's question concerning the possibility under the law for a central organisation other than the CNTT that came into existence to benefit at its own request from the deduction of its members' union dues after their agreement has been obtained, the Government indicates that in these circumstances there would be no problem since the current system of deductions is the result of the will of the workers. It adds that were a schism to occur within the CNTT there would be no obstacle for another central organisation to receive contributions from its members following their agreement. These statements coincide with those of the CNTT in the comments noted by the Committee in its previous observations.

Furthermore, on the question of the consequences of a refusal by workers who are members of the CNTT to pay their union dues, the Government indicates that there are no provisions covering this point but that, since the current deduction system for trade union dues received the prior assent of the workers, they are free to stop paying their dues. The Government, as a consequence, would only have the option of noting the situation.

While observing, as the Government states, that the principle of the compulsory deduction of trade union dues for the CNTT, which is designated by name, was introduced into the law following the agreement of the members of the CNTT, which is itself recognised by the workers as the only central organisation capable of defending the interests of its members, the Committee is of the opinion that the legislation respecting the compulsory deduction of trade union dues, in its current form, does not leave the possibility for another central organisation, that came into existence, to benefit from the current system and has the effect of limiting the principle of trade union pluralism that is recognised in the national legislation.

The Committee requests the Government to take steps to amend the legislation on this point. In this connection, one solution that could be envisaged by the Government would be the adoption of a provision making it possible, without naming them, for representative trade union organisations (according to the current law or practice) to request, following the agreement of their members, to benefit from the deduction of trade union dues.

The Committee requests the Government to indicate in its next report the measures that have been taken to bring the legislation into conformity with the Convention.