Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 1 of the Convention. Protection of workers against discrimination. Legislation. Public service. In its previous comment, the Committee emphasized that the provisions of the Act of 20 January 2013 issuing the General Public Service Regulations which prohibit discrimination 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 therefore asked the Government to consider the possibility of amending section 45 of the General Public Service Regulations in order to ensure that public service staff are fully protected from discrimination. The Committee also recalls that in the private sector the Labour Code prohibits discrimination 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 notes that the Government merely recalls the provisions of the regulations governing recruitment and indicates that it has noted the Committee’s comments. In this regard it also recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee therefore requests the Government once again to take the necessary steps to amend section 45 of the Act of 20 January 2013 issuing the General Public Service Regulations so that, in line with the Convention, public service staff are fully protected from discrimination, including discrimination based on race, colour, national extraction and social origin, as well as any other grounds that it considers useful to add, particularly to bring the protection against discrimination afforded to public servants into line with the protection enjoyed by workers in the private sector, and to ensure that the prohibition of discrimination covers not only recruitment but also conditions of employment in the public service.

Sexual harassment. For ten years, the Committee has been emphasizing that section 40 of the Labour Code only covers quid pro quo sexual harassment, that it does not address hostile work environment sexual harassment and that it only covers sexual harassment committed by a person misusing a position of authority. The Committee notes the Government’s indication that it will take account of this concern “in the revision of the Labour Code”. The Committee also notes that the provisions of Act No. 2015-010 of 24 November 2015 issuing the new Penal Code that relate to sexual harassment (sections 399–401) also only cover quid pro quo sexual harassment, in other words harassment “aimed at obtaining favours of a sexual nature from another person against their will”. The Committee once again requests the Government to take the necessary steps to amend section 40 of the Labour Code so as to include a definition of both forms of sexual harassment, namely: quid pro quo sexual harassment; and sexual harassment resulting in an intimidating, hostile or humiliating work environment; explicitly prohibit such conduct; and remove any reference to the concept of misuse of authority. The Committee once again encourages the Government to take measures to prevent sexual harassment in respect of employment and occupation, including through training for labour inspectors and awareness-raising campaigns for employers, workers and their respective organizations.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee notes that, despite its request, the Government’s report does not contain any information on the measures taken to implement the National Policy on Gender Equity and Equality (PNEEG), which was adopted in 2011, or on its strategic policy measures for education, vocational training and guidance (diversification of training options), employment and occupation. The Committee also notes that a new National Policy on Gender Equity and Equality for 2019–23 and its five-year action plan have been in preparation since 2018. In addition, the Committee notes the statement made in March 2019 by the Minister for Social Action, Promotion of Women and Literacy that “Togo, in its vision to promote human inclusiveness in all areas, intends to guarantee by 2030 the full and effective participation of women in, and fully equal access to, positions of responsibility in political, economic and public life”. The Committee wishes to recalls that the implementation of a national equality policy provided for by Article 2 of the Convention presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. It also wishes to draw the Government’s attention to Article 3(f) of the Convention, which provides that each member State ratifying it must indicate “… the action taken in pursuance of the policy and the results secured by such action”. The Convention envisages the impact of the national equality policy being regularly assessed with a view to reviewing and adjusting existing measures and strategies on a continuing basis. Such continual monitoring, assessment and adjustment is required, not only of the measures in place to promote equality, but also of their impact on the situation of the protected groups and the incidence of discrimination (see 2012 General Survey on the fundamental Conventions, paragraphs 847–848). The Committee requests the Government to provide information on any evaluation undertaken of the PNEEG of 2011 (results achieved, obstacles encountered, etc.) and, in particular, its impact on women’s access to formal employment, especially in traditionally “male” sectors, and to positions of responsibility. The Committee requests the Government to provide more detailed information on the measures aiming specifically to promote equality between men and women in education, training, employment and occupation provided for as part of the new policy in this field. The Committee once again requests the Government to provide information on the activities of the ministry responsible for the promotion of women and those of the gender focus groups of ministerial departments in the area of employment.

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 that the Government states in its report that “efforts are being made in this respect” but that there is no indication of specific steps taken to this end or the results achieved. In this regard, the Committee notes that, according to the statistics on the proportion of women in positions of responsibility in the public administration, included in the fifth periodic report of Togo on the implementation of the International Covenant on Civil and Political Rights, women occupy only 402 out of 3,323 positions of responsibility (12 per cent) (CCPR/C/TGO/5, 17 January 2019, paragraph 52). The Committee once again requests the Government to take the necessary steps to train more women and encourage them to apply for a wider range of jobs in the public service, particularly higher-level posts and positions of responsibility. The Committee requests the Government to provide information on any measures taken in this respect and on the results achieved (statistics according to grades, studies, etc.). It also requests the Government to eliminate, at every stage of employment, the obstacles that they may face because they are women and in particular to combat negative stereotypes concerning the aspirations, preferences and capabilities of women and their role in society.

Article 2. Promotion of equality and combating discrimination on grounds other than sex. The Committee recalls that the surveys conducted as part of the PAMODEC study on discrimination which was completed in 2013 show that the most frequently cited grounds, apart from sex, for discrimination in employment are ethnicity and social origin, followed by political opinion. It asked the Government to provide information on the measures taken or envisaged to combat discrimination and promote equality in employment and occupation without any distinction on the basis of race, colour, national extraction, religion, political opinion or social origin. The Committee notes the Government’s indication that discriminatory practices at the time of recruitment against ethnic minorities are not accepted in Togo and that it reiterates the applicable provisions of the Labour Code and the General Public Service Regulations prohibiting discrimination. The Committee also notes that, according to the Government’s report, a consultation and advocacy project for equitable access to private and public employment was conducted from August 2014 to August 2015 as part of the Civil Society and National Reconciliation Support Project (PASCRENA). As regards discrimination on the basis of race, colour and national extraction, the Committee wishes to draw the Government’s attention to its general observation of 2018 on this subject, in which it emphasized the fact that forms of discrimination based on race, colour and national extraction often interact with other prohibited grounds of discrimination, including, for example, religion, social origin and sex, and drew governments’ attention to the need to take into consideration and address the effects of multiple forms of discrimination in employment and occupation. In this general observation the Committee also recalled that universal education, compulsory and free of charge to the same level for everyone, is one of the basic starting points for a national equality policy required under Articles 2 and 3 of the Convention to promote equality of opportunity and treatment in employment and occupation. It also underlined the efforts deployed in many countries to tackle discrimination and promote equality of opportunity and treatment, irrespective of race, colour and national extraction, by various concrete measures including: (i) targets and quotas in education, vocational training and employment; (ii) special employment promotion programmes; (iii) action plans targeting specific ethnic groups; and (iv) the establishment of specialized bodies with varying mandates, ranging from awareness-raising and promotional functions to dealing with discrimination complaints and formulating policy recommendations. The Committee requests the Government to provide information on the recommendations resulting from workshops in the context of the consultation and advocacy project for equitable access to employment in the public and private sectors, and on the related implementation and follow-up.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.