Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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.