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

Article 1 of the Convention. Prohibition of discrimination in employment and occupation. The Committee notes that in response to its previous comments, the Government confirms that the prohibition of direct and indirect discrimination based on sex, race, colour, religion, ethnic belonging, political and philosophical opinion, social origin, legal status, national extraction, health status or disability (section 3 of the Labour Code) covers terms and conditions of employment, as well as access to vocational training. Noting that no information is available on measures taken by employers to prevent discrimination in the workplace, in accordance with section 42 of the Code, the Committee asks the Government to take the necessary measures in order to collect and provide such information once it is made available.

Article 1(1)(a). Discrimination on the basis of sex. The Committee recalls that the Personal and Family Code contains discriminatory provisions with regard to women, including through the notion of the “head of the family”, and that the Government has been indicating for many years that the Code would be revised. The Committee notes the Government’s indication that the committee responsible for the revision of the Personal and Family Code has completed its work, and that the draft revised Code will be submitted to the Parliament once it has been adopted by the Government. The Committee also notes that the Human Rights Committee has expressed concern at the remaining discriminatory laws in force and asked Togo to amend any provision of the Personal and Family Code that perpetuates inequality between men and women, such as the stipulation that the man is the “head of the family” (CCPR/C/TGO/CO/4, 18 April 2011, paragraph 12). The Committee asks the Government to adopt the revised Personal and Family Code in the near future, and to ensure that as a result it no longer contains discriminatory provisions with regard to women. The Committee asks the Government to provide information on the progress made in this regard, and to forward a copy of the revised Code.

Sexual harassment. In its previous comments, the Committee noted that section 40 of the Labour Code did not cover hostile working environment sexual harassment. The Committee notes that, according to the Government, this form of sexual harassment is included in the expression: “employer, representative of employer or other person … that imposed constraints or imposed pressure of any other nature”, included in section 40. The Government indicates however that it will take into account the Committee’s comments in any future revision of the Labour Code. The Committee wishes to recall that sexual harassment due to a hostile working environment arises from conduct that has the effect of creating an intimidating, hostile or humiliating working environment for a person (general observation, 2002), which does not seem to be fully covered by the wording of section 40. The Committee, therefore, once again asks the Government to take the necessary measures in order to amend section 40 of the Labour Code of 2006 in order to include an explicit prohibition of hostile environment sexual harassment. The Committee encourages the Government to take measures to prevent sexual harassment in employment and occupation, including through awareness raising activities 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 treatment and opportunity between men and women. The Committee welcomes the measures taken by the Government to promote equality between men and women, including the adoption of the national policy on gender equity and equality (PNEEG), the creation of a specific ministry in charge of the promotion of women, the creation of gender focal points in ministerial departments, the carrying out of a study on gender inequalities and the elaboration of a national strategy on gender integration as well as measures taken to increase women’s participation in the political and decision-making process. The Government also indicates that awareness raising activities and training are carried out by public institutions and non-governmental organizations. The Committee asks the Government to provide information on the following points:

• (i) the implementation of the national policy on gender equity and equality;
• (ii) the results of the study carried out on gender inequalities and the measures taken or envisaged to follow-up on the study; and
• (iii) the activities organized by the Ministry of Social Affairs and the Promotion of Women and by gender focal points in ministerial departments.

Articles 2 and 3(e). Access of women to vocational training and education. The Committee notes the measures taken by the Government to promote girls’ access to education, including through waiving enrolment fees in pre-school and primary public schools; reducing enrolment fees in secondary public schools; providing scholarships and awards for excellence; eliminating sexist stereotypes in texts of school books at the elementary level; applying parity in recruitment and launching a programme on basic education and gender equity. Noting the Government’s indication that information on the number of women who benefitted from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise is not available, the Committee hopes that the Government will be able to provide this information in its next report. The Committee also asks the Government to indicate measures taken to encourage girls to study in fields traditionally dominated by men. The Committee also asks the Government to provide information on the implementation of measures to promote girls’ access to education, and the results achieved.

Article 3(d). Employment of women in the public sector. In its previous comments, the Committee noted that women were underrepresented in the public service, in particular in levels A1 and A2 and in decision-making posts, and asked the Government to provide information on measures taken to promote women’s employment in the public sector. Noting that the Government’s report does not contain the information requested, the Committee asks the Government take measures in order to promote upward mobility of women and their access to a wider variety of jobs in the public sector, including in higher level posts and in decision-making posts in the public service, and to provide information in this regard.

Article 3(b). Educational programmes. The Committee once again asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to raise awareness of the principles of the Convention, including with regard to the grounds enumerated in Article 1(1)(a).

Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee notes that the Government states it is aware of the existence of persistent discriminatory practices in the workplace, including based on disability, sex, political or religious opinion, union affiliation, and health situation (in particular related to HIV/AIDS status), despite the legal framework prohibiting all forms of discriminatory practices in employment and occupation. It also notes that, through tripartite social dialogue, the Government has agreed to undertake a study with the aim of assessing and better understanding the manifestations and practices of discrimination in the workplace. The Government indicates that a request has been sent to the ILO in this regard, in the context of the programme to develop projects to support the implementation of the Declaration on Fundamental Principles and Rights at Work (PAMODEC). Noting that the Government has requested technical assistance from the ILO, the Committee hopes that the Government will benefit from this assistance and be able to undertake the study on the various manifestations and practices of discrimination in the country, and asks the Government to provide information on any progress made in this regard. Moreover, the Committee asks once again the Government to provide information on any measures taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring.