Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

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

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.