Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 1 of the Convention. Protection of workers against discrimination. Legislation. Public service. The Committee notes the adoption of the Act of 20 January 2013 on the General Conditions of Service of the Public Service, under which “there shall be no discrimination among job applicants on the basis of their sex, physical disability, ethnicity, political, philosophical or religious opinions” (section 45). While welcoming the inclusion of these provisions in the General Conditions of Service of the Public Service, the Committee notes that they do not cover all the grounds of discrimination set out in the Convention, including race, colour, national extraction and social origin, and that they only concern recruitment. The Committee recalls that, with respect to the private sector, the Labour Code defines discrimination and prohibits any direct or indirect discrimination in employment or occupation on the basis of sex, race, colour, religion, ethnic origin, political or philosophical opinion, social origin, legal status, national extraction, health status or disability (section 3). The Committee also recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include, at a minimum, all the grounds for discrimination set out in Article 1(1)(a) of the Convention and cover access to vocational training, access to employment and to particular occupations, and terms and conditions of employment (Article 1(3)). The Committee requests the Government to envisage the possibility of amending section 45 of the General Conditions of Service of the Public Service with a view to ensuring that public service personnel are fully protected from discrimination, including discrimination based on race, colour, national extraction and social origin, in every aspect of their employment.

Discrimination on the basis of sex. The Committee recalls that the Personal and Family Code of 1980 contained discriminatory provisions against women, particularly in relation to the notion of the “head of the family”. The Committee welcomes the adoption in July 2012 of the new Personal and Family Code, which repeals a number of discriminatory provisions against women with regard to, inter alia, choice of residence (section 102), the free exercise of an occupation, to which either spouse (not just the husband) may now object (section 107), and joint management of shared assets (section 372). The Committee nevertheless observes that the notion of the “head of the family” (in most cases the husband, who is primarily responsible for household expenses) still appears in the new Code (section 99). This notion has legal consequences, particularly in civil and fiscal matters and, in practice, has the effect of perpetuating stereotypes surrounding the role of women in the family and, more generally, in society, which tends to perpetuate and reinforce inequalities in training and employment. In this regard, the Committee refers to the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women, expressing concern at certain provisions of the Personal and Family Code of 2012 (CEDAW/C/TGO/CO/6-7, 8 November 2012, paragraphs 40 and 41). Moreover, the Committee notes that the Government acknowledges that, despite the existence of legislative provisions, discrimination against girls and women still exists in practice, for example, in traditional practices such as dowries, early marriages, forced marriages and even the placement of young girls in traditional convents for extended periods. The Committee requests the Government to take the necessary measures to repeal the discriminatory provisions against women in the Personal and Family Code and to carry out information and awareness-raising activities with a view to eliminating the practices referred to by the Government in its report, as well as the sexist stereotypes surrounding, inter alia, the role of women in the family and in society and their occupational aspirations, preferences and skills. Please provide information on any measures taken in this regard.

Sexual harassment. The Committee recalls that, for several years, it has been emphasizing that section 40 of the Labour Code only covers, quid pro quo, sexual harassment and does not address sexual harassment due to a hostile working environment. It also notes that section 40 only covers sexual harassment committed by a person in a position of authority. In the absence of a reply from the Government in this regard, the Committee once again asks the Government to take the necessary measures to amend section 40 of the Labour Code of 2006 so that it includes an explicit prohibition of hostile environment sexual harassment. The Committee once again encourages the Government to take measures to prevent sexual harassment in respect of employment and occupation, including through awareness-raising campaigns for employers, workers and their organizations. Please provide information on any sexual harassment cases dealt with by the labour inspectorate or the courts.

Articles 2 and 3. Equality of opportunity and treatment between men and women. In its previous comments, the Committee emphasized the measures taken by the Government to promote equality between men and women, such as the adoption of the National Policy on Gender Equity and Equality (PNEEG) of 2011. The Government indicates that this Policy and the Strategy for Boosting Growth and Promoting Employment (SCAPE) 2013–17 contain strategic policy measures aimed at improving women’s productivity through capacity building and the development of women entrepreneurs, as well as women’s access to production support services and social services. The Committee requests the Government to provide specific information on the concrete measures taken to implement the PNEEG and its strategic policy measures on education, vocational training and vocational guidance (diversification of the supply of training), employment and occupation, and services that allow workers with family responsibilities to balance these responsibilities with work. The Committee also requests the Government to describe the impact of these measures on women’s employment. Please describe the activities of the ministry responsible for the promotion of women and those of the gender focus groups of ministerial departments.

Article 3(d). Employment of women in the public sector. For several years, the Committee has noted the low proportion of women in the public service, particularly in higher-level posts and in positions of responsibility. It notes in this regard that, according to the data in the study on discrimination that was conducted in 2013 under the Programme to Support the Implementation of the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC), in February 2013, only 10.87 per cent of those in category A1 posts and 17.86 per cent of those in category A2 posts were women. The data also shows that women are highly under-represented in positions of responsibility in certain institutions (the Government, National Assembly, Constitutional Court, prefectures, etc.). The Committee requests the Government to take the necessary measures to promote women’s access to a wider range of jobs in the public service, particularly in higher-level posts and in positions of responsibility, and to take measures to eliminate, at every stage of employment, the obstacles that they may face because they are women.

Article 2. Promotion of equality and combating discrimination on grounds other than sex. The Committee notes that the surveys conducted as part of the PAMODEC study on discrimination show that, apart from sex, the most frequently cited grounds for discrimination in employment are ethnicity and social origin, followed by political opinion. While recalling that the Labour Code expressly prohibits discrimination on these grounds, the Committee requests the Government to provide information on the measures taken or envisaged to combat discrimination and to promote equality in employment and occupation, irrespective of race, colour, national extraction, religion, political opinion and social origin, in cooperation with employers’ and workers’ organizations. It asks the Government, in particular, to provide more information on the specific measures taken or envisaged to eliminate discriminatory hiring practices in the private sector with regard to ethnic minorities.