Definitive Report - Report No 144, 1974

Case No 732 (Togo) - Complaint date: 11-DEC-72 - Closed

1. 61. By a communication dated 11 December 1972, the Trade Union Workers' Confederation of Togo (CSTT) and the National Union of Workers of Togo (UNTT) alleged certain infringements of trade union rights in Togo. The World Federation of Trade Unions (WFTU) sent a complaint on the same subject by a letter of 12 December 1972 and submitted further information by a communication of 23 January 1973. The Pan-African Workers' Congress (PAWC) addressed its complaint to the Director-General on 14 December 1972 and the World Confederation of Labour (WCL) on 20 December 1972. The two latter organisations submitted further information in communications of 19 December 1972 and 25 January 1973, respectively. By a subsequent communication of 6 February 1973, the WCL requested that consideration of this case by the Committee be suspended and the Trade Union Workers' Confederation of Togo made a similar request on 27 June 1973. The complaints and further information have been communicated to the Government.
2. 62. Togo has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has not ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 63. Despite repeated requests from the Committee, the Government has not submitted its observations on the allegations made by the complainants. Consequently, at its session of November 1973, the Committee addressed an urgent request to the Government to supply the information requested (139th Report, paragraph 7). As this request remained unanswered, the Committee stated during its session of February 1974 that, in accordance with the rule of procedure set out in paragraph 17 of its 127th Report, it might submit a report on the substance of the case at its session in May 1974 even if the observations awaited from the Government still had not been received. The Committee has not yet received the observations in question.
2. 64. In these circumstances and before examining the allegations, the Committee considers it appropriate to recall the comment which it made in paragraph 31 of its First Report to the effect that "the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, if it protects governments against unreasonable accusations, governments on their side will recognise the importance for the protection of their own good name of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward".
3. 65. In their joint communication of 11 December 1972, the CSTT and the UNTT protest against the dissolution by the Government of the Central Trade Union Organisation. In its letter of 12 December 1972, the World Federation of Trade Unions alleges that the Central Committee of the Togolese People's Party, which met under the chairmanship of the President of the Republic, General Eyadema, arbitrarily decided on the immediate dissolution of the Togolese Central Trade Union Organisation and on the setting up of a Committee to organise as quickly as possible a constituent congress for the purpose of founding a unified central trade union organisation. The Pan-African Workers' Congress also protests against this dissolution and states that dissolution by administrative authority is a breach of the provisions of Article 4 of Convention No. 87.
4. 66. In its communication of 25 January 1973, the World Confederation of Labour alleges that Togo had three officially recognised trade union organisations, the CSTT, the UNTT and the National Union for Higher Education (SNES), and that in November 1971 these organisations constituted a National Inter-Union Committee of Togo whose task was to prepare the amalgamation of Togolese central trade union organisations. One year later, according to the WCL, the Government decided at the request of the Central Committee of the single party in Togo to dissolve the existing central unions by administrative action and announced that it would immediately proceed to create a single national trade union organisation integrated with the political party in power.
5. 67. The WCL also alleges that the Central Committee of the Togolese People's Party set up a Committee consisting of four trade unionists, two ministers, the President of the Economic and Social Council and an unknown eighth person to prepare the constituent assembly of the Single Central Organisation. It appears that the assembly took place in January 1973 and elected to the post of Secretary-General of the new single central organisation, the National Confederation of Togolese Workers (CNTT), Mr. Innocent Toovi, former secretary-general of the UNTT, and the rest of the executive Committee of the former UNTT.
6. 68. Still according to the WCL, the President of the Republic cancelled these trade union elections and after the flight of Mr. Toovi, the Government imposed its own candidate. Thus, the congress was allegedly held under the control and constant pressure of the Government and elected a new central organisation which is completely under the thumb of the single governmental party. In addition, it is claimed that the President of the Republic has asserted on several occasions that he would imprison the leaders of the old trade union central organisations if there was any outside intervention or pressure, including that of the ILO, following the dissolution of the central trade union organisations.
7. 69. Further information is provided by the WFTU in a communication of 28 January 1973. It alleges that after the election of Mr. Toovi, the President of the country invited the Congress to meet in a military camp. Mr. Toovi is said to have been arrested and it is not known what has become of him.
8. 70. By a telegram of 6 February 1973, the WCL requested the temporary suspension of the complaint against the Togolese Government without, however, giving any explanations regarding the reasons for this request. Finally, the new single central organisation, the CNTT, explains in a communication of 27 June 1973 that the two Togolese centrals were about to amalgamate in any case and that as the constituent unions had approved the Government's decision to speed up unification, the central organisations were of the opinion that the dissolution was a "necessary evil" and that the only thing to do was to face up to the new de facto situation.

B. B. The Committee's conclusions

1. 71. The Committee notes that the complaints raise important questions regarding freedom of association: the unification of the workers' central organisations under the aegis of the single governmental party, the dissolution of the former central organisations by administrative action, interference by the executive authority with a view to preventing the person who had been elected chairman of the new central organisation from performing his duties and interference by the Government in the affairs of the constituent assembly.
2. 72. Regarding the unification of the central organisations, which is alleged to have been imposed by the Government, the Committee wishes to emphasise that the fact that the workers and employers generally have an interest in preventing the multiplicity of the number of competing organisations does not appear sufficient to justify direct or indirect intervention by the State. Whilst it is sometimes in the interest of the workers to prevent a multiplicity of organisations and whilst understanding the desire of any government to promote a strong trade union movement, it must be admitted that the unification imposed by the Government conflicts with the principles of Convention No. 87.
3. 73. Regarding the dissolution of the former central organisations by administrative action, the Committee has always stressed the importance which it attaches to the generally accepted principle that employers' and workers' organisations should not be subject to suspension or dissolution by administrative authority.
4. 74. Concerning Mr. Innocent Toovi, it is not clear whether he has been arrested or was able to escape, but it would appear in any case that he was prevented from freely exercising the powers conferred on him by the constituent assembly. The Committee recalls in this connection that a recommendation made by the authorities and the governing political party concerning the presidency of a country's trade union organisation is incompatible with the principle respecting the right of trade union organisations to elect their representatives in full freedom.

The Committee's recommendations

1. 75. In these circumstances, the Committee recommends the Governing Body:
   • (a) to express its grave concern that despite repeated requests the Government has not provided the observations requested of it concerning the serious allegations made by the complainants, thus preventing both the Committee on Freedom of Association and the Governing Body from reaching their conclusions in full knowledge of the facts;
   • (b) to recall that the purpose of the procedure established by the ILO is to ensure respect for the trade union rights enshrined in the Organisation's Constitution, both in law and in fact, and that, if this procedure protects governments against unreasonable accusations, governments for their part should recognise the importance, for the protection of their own good name and in view of their duties as Members of the ILO, of fully co-operating in this procedure by formulating for objective examination detailed factual replies to the detailed factual charges made against them and by refraining from taking any action against workers' organisations which wish to avail themselves of this procedure;
   • (c) to call the Government's attention to the principles and considerations mentioned in paragraphs 72 and 74 above to the effect that the amalgamation of trade union organisations imposed by government, the administrative dissolution of central organisations and the interference of the authorities regarding the presidency of the country's trade union organisation are in breach of the principles of Convention No. 87, ratified by Togo; and
   • (d) to request the Director-General to maintain all appropriate contact with the Government with a view to obtaining information on the situation of Mr. Innocent Toovi.