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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2015, which are of a general nature. The Committee also notes the joint observations of the IOE and the National Council of Employers of Togo (CNP-Togo), received on 31 August 2015, denouncing the Government’s incapacity to prevent the obstruction of the right, guaranteed by Article 3 of the Convention, of the members of the CNP-Togo to elect their representatives freely, the consequence of which has been that the CNP-Togo has been prevented from organizing its activities and formulating its programmes since 2013. The Committee observes that this matter has been the subject of a complaint before the Committee on Freedom of Association, which issued recommendations in this regard in May 2015. In these recommendations, the Committee: (i) invited the parties to the dispute, if the solution proposed by the justice system did not suit them, to agree on the appointment of an independent mediator who would assist them in implementing a procedure accepted by all to enable the CNP-Togo members to choose their representatives freely and quickly; (ii) requested the Government to ensure the reopening (unsealing) of the CNP-Togo premises and, pending the holding of new elections to the management board of the CNP-Togo, to take all necessary steps to enable the CNP-Togo to conduct its activities without hindrance (Case No. 3105, 375th Report of the Committee on Freedom of Association, paragraph 531). The Committee also notes the indications of the IOE and the CNP-Togo that: (i) the mediation procedure recommended by the Committee on Freedom of Association has not produced good results in the past due to a lack of will; and (ii) an objection was raised before the Credentials Committee as to the composition of the delegation of employers of Togo at the 2015 session of the International Labour Conference. The Committee expresses its concern that the CNP-Togo has been unable to carry out its activities for the defence and promotion of its members’ interests since 2013, which constitutes a violation of Article 3 of the Convention. The Committee urges the Government to take all the necessary measures to give effect, without any further delay, to the recommendations of the Committee on Freedom Association on this subject, so as to, in conformity with the Convention, enable the CNP-Togo to carry out its activities.

Article 2 of the Convention. Trade union rights of minors. In its previous comments, the Committee indicated that section 12 of the Labour Code, which recognizes freedom of association for minors over 16 years of age, unless their parents or guardians object, is not in conformity with Article 2 of the Convention, and it requested the Government to take the necessary measures to ensure that minors who have reached the statutory minimum age for admission to employment (15 years of age under section 150 of the Labour Code) can exercise their trade union rights without the need for authorization from their parents or guardians. The Committee notes the Government’s indications that the discussions concerning the revision of the Labour Code are under way, which means that the amendment of section 12 can be considered. The Committee hopes that the Government will report in the near future the revision of section 12 of the Labour Code as indicated, and requests it to provide any information in this regard.

The Committee is raising other matters in a request addressed directly to the Government.