Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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.