Social Security (Minimum Standards) Convention, 1952 (No. 102) - Togo (Ratification: 2013)

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

Articles 27, 41, 48, 61 of the Convention. Coverage by social security benefits. The Committee notes the information provided by the Government in reply to its previous request that for the purpose of applying Articles 27, 41, 48 and 61 of the Convention, subparagraph (b) of these Articles is retained, as to the persons protected. The Committee recalls that subparagraph (b) of the said Articles requires the protection of prescribed classes of the economically active population and, as the case may be, of their dependants, constituting not less than 20 per cent of all residents. In this regard, the Committee notes the Government’s indication that the total number of insured persons under the general scheme was 166,340 persons in 2019 and 35,601 persons under the scheme for civil servants. The Committee requests the Government to provide information on the total number of residents, together with the calculations necessary to demonstrate compliance with Articles 27, 41, 48, and 61 of the Convention, as indicated in the report form.

Articles 30, 45, 64. Starting day of benefits payment. The Committee observes that in accordance with article 42(4) of Law No. 201–006 of 21 February 2011 on the Social Security Code (Code), old-age pension is provided on the first day of the calendar month following the date on which the required conditions have been fulfilled. The Committee further observes that in accordance with article 29 of the Code, family benefits are granted from the day of filing an application whereas survivors’ benefits are provided on the first day of the calendar month following the date of receipt of an application as stated in article 45(7) of the Code. The Committee recalls that in accordance with Articles 30, 45 and 64 of the Convention, benefits shall be granted throughout the respective contingencies which these benefits cover and that there are no waiting periods foreseen by the Convention in respect of these benefits. The Committee points out that, consequently, old-age, family, and survivors’ benefits shall be paid from the first day of occurrence of the contingencies which are, respectively, reaching the pensionable age, the day of birth of a child and the death of a breadwinner. The Committee therefore requests the Government to ensure that the payment of old-age, family, and survivors’ benefits starts on the day of the occurrence of the contingencies which they cover.

Part VII (Family benefit). Article 44. Total value of family benefits. The Committee notes from the Government’s report that the total amount of family cash benefits provided to persons protected was 1,721,866,000 CFA francs in 2018 and that the minimum wage of an ordinary adult labourer corresponds to the guaranteed minimum interoccupational wage (SMIG) and amounted to 35,000 CFA francs per month. The Committee recalls that the wage of an ordinary manual male labourer, as defined by Article 66(4)(a) or (b) of the Convention, corresponds to the wage of a person deemed typical of unskilled labour in the manufacture of machinery or in the other major group of economic activities. The Committee further recalls that, according to Article 44(b), the requirements of the Convention as regards the amount of family benefits are met when the total value of family benefits granted to the persons protected represents 1.5 per cent of the wage of an ordinary adult male labourer determined according to Article 66(4), multiplied by the total number of children of all residents. The Committee therefore requests the Government to supply information on the total number of children of persons protected or all residents as well as the wage of an ordinary adult male labourer in accordance with Article 44(b) of the report form for the Convention.

Part VIII (Maternity benefit). Article 49. Maternity medical benefits. The Committee notes the Government’s indication that the general scheme only covers the costs of prenatal consultations and delivery. The Committee further notes that under the scheme for civil servants, insured persons directly participate in the costs of maternity medical care benefits by paying user fees. Recalling that in accordance with Article 49 of the Convention, medical care benefits in respect of pregnancy and confinement and their consequences shall be provided free of charge, the Committee requests the Government to ensure the provision of such benefits free of charge for all persons protected.

Part X (Survivors’ benefit). Article 63(2). Reduced survivor pension. In its previous comments, the Committee requested the Government to indicate whether a reduced survivors’ benefit was granted after the completion by persons protected of a five-year period of contribution or employment, as required by Article 63(2) of the Convention. The Committee notes the Government’s indication that the minimum period of insurance for entitlement to survivors’ benefit is 180 months (15 years) according to article 45 of the Code. Recalling that in accordance with Article 63(2) of the Convention, a reduced survivors’ benefit shall be secured at least to all persons protected after completion by a breadwinner of a qualifying period of five years of contribution or employment, the Committee requests the Government to take the necessary measures to give full effect to this Article of the Convention and to keep it informed in this regard.

Part XI (Standards to be complied with by periodical payments). Article 65. Calculation of survivors’ benefits. In its previous request, the Committee requested the Government to make calculations on the replacement rate of survivors’ benefits for a standard beneficiary. With respect to replacement rate of survivors’ benefits, the Committee notes the indication by the Government that under the general scheme, the survivors’ benefit is determined for a surviving spouse as 50 per cent of a deceased person’s old-age or invalidity pension and as 25 per cent for each deceased person’s child. The Committee therefore notes that a survivors’ benefit paid to a standard beneficiary represented in accordance with the Schedule to Part XI of the Convention by a surviving spouse with two children amounts to 100 per cent of a deceased person’s old-age or invalidity pension. The Committee further notes that the level of old-age pension is determined as 20 per cent of the average monthly earnings of an insured person for the last five years. In addition, this amount is increased by 1.33 per cent for each 12 months after completion of 180 months (15 years) of insurance. Recalling that Article 63(1), in conjunction with Article 65 and the Schedule to Part XI of the Convention, require that a survivors’ benefit corresponding to no less than 40 per cent of a standard beneficiary’s previous earnings be secured to persons protected after completion of 15 years of contribution or employment by the breadwinner prior to his/her death, the Committee requests the Government to provide the calculation of the survivors’ benefits and of its replacement rate in accordance with Titles I, II and IV of the report form for the Convention.

Articles 65(10) and 66(8). Review of the level of periodical payments. The Committee once again requests the Government to indicate in accordance with Title VI of the report form for the Convention any changes in the cost of living and the general level of earnings as well as the level of periodical payments since 2013.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee welcomes the ratification of the Convention and the acceptance of Part V (Old age benefit), VII (Family benefit), VIII (Maternity benefits) and X (Survivors’ benefits). It notes the first and second reports which contain very comprehensive information on how national law and practice give effect to each of the provisions of the Convention. The Committee would be grateful if the Government would provide further information in its next report on the following points.

Part X of the Convention. Survivor benefits. Article 63(2) of the Convention. Reduced survivor pension. The Committee notes that the minimum qualifying period, which must be completed by the deceased insured, so that his survivors can claim a pension, is 180 months of insurance (15 years). It recalls that Article 63(2) of the Convention provides that, where the granting of the survivor’s benefit is subject to the fulfilment of a minimum period of contribution or employment, a reduced benefit must be guaranteed to a protected person whose breadwinner has completed a five-year period of contribution or employment. The Committee asks the Government to indicate the manner in which effect is given to this provision of the Convention.

Part XI. Calculation of periodical payments. Article 65. The Committee notes that the Government has availed itself of the provisions of Article 65 with a view to demonstrating that the national legislation meets the minimum level of benefits required by the Convention with respect to Parts V, VIII and X. The Government states to this effect that, to the extent that the concept of a male skilled worker is not used in national law, the guaranteed minimum inter-professional wage (SMIG) has been used for the purpose of calculating the level of benefits provided. The Committee recalls that the term “skilled worker” in the Convention, is used to refer to a person whose earnings are representative of wage levels in the country, in particular for the purposes of determining the income ceilings taken into account for the contributions. In this respect, Article 65(6) and (7) leave the choice between various options for determining the wage of a skilled worker, such as, for example, a person whose gain is equal to 125 per cent of the average earnings of all protected persons or a worker employed in the major group of economic activities with the largest number of economically active male persons protected in the contingency in question, or of the breadwinners of the persons protected. Accordingly, the Committee would be grateful if the Government would, in its next report, indicate the skilled worker, determined in accordance with the provisions of the Convention, and make the calculations required by the report form for the standard beneficiary specified therein.

To this end, with a view to facilitating the integrated management and comparative analysis of Togo’s obligations under the different international instruments on social security, the Committee invites the Government to refer to the Technical Note on the status of implementation of the social security provisions of the international treaties on social rights ratified by Togo, published in the country profile on the database, which explains all the options given by Articles 65–67 of the Convention for the calculation of the reference wage of the ordinary male adult labourer, on the basis of all available information. The Committee invites the Government to revise the methods used to determine the reference wage of the standard beneficiary and to update the statistical information contained in the technical note by specifying, for future references, the source used and to recalculate the replacement rate for the benefits under all accepted Parts of the Convention on the basis of the revised and updated reference wage.

Articles 65(10) and 66(8). Review of the level of periodical payments. The Committee notes the Government’s indication that the latest re-evaluation of pensions dates back to 1998 (Decree No. 98-106/PR). This decree had the effect of increasing the amounts of old-age pensions paid by the National Social Security Fund (CNSS) by 5 per cent. The Committee recalls that under Article 65(10) of the Convention the amounts of periodical payments for old age, but also for occupational accidents and diseases (with the exception of the ones covering working incapacity), invalidity and death of the breadwinner must be regularly reviewed, due to significant changes in the general level of earnings, resulting from significant changes in the cost of living. It therefore requests the Government to indicate, in accordance with the report form, and providing supporting statistical information, how the cost of living and the general level of earnings have changed in the country since the ratification of the Convention, as well as any revision of the rates of periodic payments aimed at retaining the purchasing power of the benefits.

Basic social security guarantees. The Committee further notes that the Government, with the technical assistance of the ILO, has currently undertaken the gradual establishment of a national social protection floor aimed at complementing the existing protection with basic social security guarantees for persons not covered by standing social protection mechanisms. The Committee notes that, in order to effectively combat the spread of poverty, social insurance and social assistance benefits should be conceived as complementary means of action, using related indicators and thresholds and guided by the common objectives of comprehensive social protection, reduction of poverty and social exclusion. The Committee considers that the establishment of the floor calls for a thorough examination of the roles of social insurance and social assistance in achieving these objectives in terms of relative and absolute indicators. The Committee considers that a social security system which provides benefits below the poverty line would not fulfil the objectives of this Convention, even if it gives effect to its technical provisions. It also considers that the social protection floor would not be credible if its benefits do not guarantee the physical subsistence of protected persons and would be more robust if it were based on subsistence indicators for the different age groups of the population, reflecting the financial value of a set of necessary goods and services as suggested by the Social Protection Floors Recommendation, 2012 (No. 202). The Committee recalls that, in 2017, the Government has been asked to reply to the questionnaire sent to it under article 19 of the ILO Constitution on the manner in which national legislation and practice give effect to Recommendation No. 202. In this respect, the information contained in the technical note and its update by the Government, in combination with the information gathered during the Social Security Inquiry, will give the Commission access to all of the statistical data relevant to the country, to efficiently advise the Government on all the options available to extend the social security and to establish a social protection floor, in compliance with the social security standards of the ILO.