Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Togo (Ratification: 1983)

The Committee notes the information supplied by the Government in reply to its previous comments.

1. In its comments, the Committee noted that neither the national Constitution nor the labour regulations mention "race" among the grounds of discrimination and it requested the Government to indicate the appeal channels that are available in the event of the non-observance of rights to equality of opportunity and treatment in employment on grounds of race. The Government states in reply that any victim of the non-observance of rights to equality of opportunity may bring a complaint to the labour inspection services or the labour tribunal. The Committee notes this statement and requests the Government to supply copies of judicial decisions that have been handed down in such cases and it also hopes that "race" will be included among the grounds of discrimination set out in the national regulations in a forthcoming revision of these regulations, in accordance with Article 1(a) of the Convention.

2. The Committee also requested the Government to supply detailed information on any positive measure taken in practice to promote effective equality of opportunity and treatment as regards: (a) access to vocational training, (b) access to employment and to particular occupations, and (c) terms and conditions of employment (in accordance with Articles 2 and 3). The Government indicates in this connection that there is no discrimination in the above areas and that in the employment services the preselection of workers for jobs is not subject to any discriminatory condition. The basis upon which these services put forward candidates is related especially to vocational skills, working conditions and age. The Committee notes this information and requests the Government to supply information in its next report on the activities of the employment services in the above fields and to provide statistics broken down by sex concerning access to training and to particular jobs and occupations.

3. The Committee also notes with interest that the Directorate-General for the Advancement of Women deals mainly with improving the literacy of women and girls in the rural environment and that it also runs community development micro-projects in which women are involved. The Committee would be grateful to be provided with more detailed information on the activities of this Directorate and, in particular, on the results achieved in the fields of the training and employment of women and girls in the rural environment. The Committee hopes that it will be possible to supply appropriate statistics on this subject.

4. The Committee also notes the information concerning the recruitment procedure in training schools (by competition), and the functions of the new Ministry of Technical Education and Vocational Training. The Committee requests the Government to provide fuller information on the relative roles of the new Ministry and the National Committee for Vocational Guidance and Training, which is attached to the Ministry of Labour, and particularly the measures taken by each of these two authorities to promote equality of opportunity and treatment in vocational training. The Committee would also be grateful if the Government would indicate the results achieved in this area by supplying, if possible, statistics broken down by sex on the various types of apprenticeship, vocational training and further training that are provided and on the methods employed for the guidance and promotion of skilled and managerial staff.

5. With regard to public servants, the Committee notes that their recruitment is based on competitions, without distinction based on sex, and requests the Government to indicate in its next report the number of women employed in the public service (including those in positions of responsibility) and their percentage in relation to men. As in previous comments, it also requests the Government to supply examples of the application in practice of section 4 of the General Conditions of Service for Public Servants, which provides for exceptions to equality of opportunity and treatment for the two sexes, particularly due to the specific restrictions on certain jobs set out in the special conditions of service of various types of public servants. The Committee hopes that the next report will contain this information and copies of some of the specific conditions of service (such as those applicable to the employees in a particular ministry).

6. The Committee notes that there have been no cases of dismissal under section 35 of the General Conditions of Service of Public Servants, for acts, as set out in this section, "proceeding admission to probation that would, if they had been known, have been an obstacle to recruitment". The Committee hopes that the Government will keep it informed of any new development in this connection.