Definitive Report - Report No 287, June 1993

Case No 1637 (Togo) - Complaint date: 08-APR-92 - Closed

1. 67. In communications dated 8 April and 12 May 1992 respectively, the National Confederation of Workers of Togo (CNTT) and the Organization of African Trade Union Unity (OATUU) presented complaints of violations of trade union rights against the Government of Togo. The CNTT sent additional information in a communication of 22 April 1992.
2. 68. At its February 1993 Session (see 286th Report, para. 10), the Committee observed that, despite the time which had elapsed since the presentation of the complaint, it had still not received observations and information from the Government. The Committee drew the attention of the Government to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, it could submit a report on the substance of the case, even if the observations of the Government were not received in due time. Since this urgent appeal, the Committee has not received any reply from the Government concerning this case.
3. 69. Togo has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant organizations' allegations

1. 70. In its communication of 8 April 1992, the National Confederation of Workers of Togo (CNTT) alleges interference by the Togolese authorities in its internal affairs and management.
2. 71. The complainant organization more specifically alleges that it was subjected, without any form of procedure, to a forced sharing of its premises, the Trade Unions Centre, with the Independent Trade Unions Collective (CSI) which regroups three other trade union confederations. It is of the opinion that this decision by the authorities is a serious breach of freedom of association and a violation of Article 3 of Convention No. 87 as well as the Togolese Labour Code, and that problems in the country concerning trade unions should be settled by the unions themselves, without interference from the Government. The CNTT encloses with its complaint copies of letters sent by it to the Minister of Employment, Labour and the Public Service to protest against this forced sharing and to propose that the Government examine the possibility of providing the CSI confederations with premises other than those owned by the CNTT. It also encloses a copy of the Minister's reply, in which he maintains his position.
3. 72. In its communication of 22 April 1992, the complainant organization alleges interference in its financial management. A Special Commission for the Assessment of CNTT Assets was established on 25 July 1991 by the National Sovereign Conference and placed under the authority of the transitional Government. It is in charge of taking stock of and managing the CNTT's property, and it requested the CNTT, in order to preserve its assets, to hand over certain funds (securities, rents, leasing fees, funds withdrawn from CNTT production units and check-off payments made by employers). The complainant organization also points out that this Commission requested banks to withdraw the signing authority of the CNTT's executive committee members from the accounts of certain production units (the CNTT Confederation, the Hôtel de la Bourse, the Coopsynto trade union cooperative). Finally, it states that upon the Commission's request, the "Union togolaise de banque" financial institution in Lomé froze all the CNTT's financial transactions, but that, taking into consideration the need for workers employed by various bodies run by the CNTT to cover their current expenses, the accounts of the Hôtel de la Bourse and the trade union cooperative were subsequently unfrozen.
4. 73. In its communication of 12 May 1992, the Organization of African Trade Union Unity (OATUU) alleges that the Togolese Government violated Conventions Nos. 87 and 98 by deciding to freeze the CNTT's bank accounts, by arbitrarily confiscating a stock of cement belonging to the CNTT and by ordering the CNTT to share its trade union premises with Togolese trade union organizations formed as a result of dissent fomented and maintained by the authorities within the CNTT.

B. The Committee's conclusions

1. 74. The Committee regrets that the Government, despite the time which has elapsed since the presentation of the complaint, and although it was invited to make comments and observations regarding the allegations of the complainant organizations on several occasions, including by an urgent appeal, has not done so.
2. 75. In these circumstances, and in accordance with the procedural rules applicable (see para. 17 of the 127th Report of the Committee, approved by the Governing Body at its 184th Session), the Committee is obliged to submit a report on the substance of this case in the absence of the information it had hoped to receive from the Government.
3. 76. The Committee first of all reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for freedom of association in law and in fact. If this procedure protects governments against unreasonable accusations, governments on their side must recognize the importance for the protection of their good name of formulating, for objective examination, detailed factual replies to the allegations put forward against them. (See the First Report of the Committee, para. 31.)
4. 77. As regards the sharing of the CNTT's trade union premises (the Trade Unions Centre), the Committee notes that, according to the complainant organization, the Government imposed the sharing of this building, which the complainant claims to own. From the information the Committee has at its disposal (documents appended by the complainant organization), it is clear, however, that according to the Minister of Employment, Labour and the Public Service, the Trade Union Centre is not the property of the CNTT and that the CNTT was only permitted to use it on behalf of all Togolese workers. According to these documents, the Minister also considers that as long as the CNTT was the sole trade union confederation affiliated with the party in a one-party system, it could claim exclusive use of the Centre, but that because of the instauration of trade union pluralism and democratization of the country, all workers, regardless of the trade unions to which they belong, have the right to make use of the inalienable property that the State puts at their disposal.
5. 78. The Committee also notes that, according to the copy of the record provided by the complainant organization, a meeting was held on 14 February 1992 on the subject of dividing the CNTT's premises and that representatives of the CSI and the CNTT, as well as representatives of the Special Assessment Commission, participated in the meeting, with the Minister presiding. From this record, it is clear that the principle of an equitable and proportional division was accepted unanimously by the participants. According to the Minister's letter mentioned above, an agreement between the State as the owner of the building and the four trade union confederations as its users was concluded on 15 February 1992.
6. 79. It thus appears that the problem posed by this case is the distribution of trade union assets among various trade union organizations following a change from a situation of trade union monopoly to a situation of trade union pluralism.
7. 80. In such cases, the Committee has emphasized the importance it attaches to the principle according to which the devolution of trade union assets (including real estate) or, in the event where trade union premises are made available by the State, the redistribution of this property, must aim to ensure that all the trade unions are guaranteed on an equal footing the possibility of effectively exercising their activities in a fully independent manner. (See, for example, the 286th Report of the Committee, Case No. 1623 (Bulgaria), para. 511.) In light of the fact that this would appear to have been the objective of the meeting held on 14 February 1992 between the Minister of Employment, Labour and the Public Service and the various trade union confederations; that the proportional and equitable sharing of the Trade Unions Centre premises was accepted by all those concerned, including the CNTT; and that the outcome did not prevent the CNTT from using the Trade Unions Centre, the Committee considers that there was no violation of the principles of freedom of association. However, it requests the Government to ensure that this agreement is implemented in such a way that all trade union confederations may effectively and freely exercise their trade union activities.
8. 81. The Committee notes moreover that measures concerning the CNTT's assets have been taken or requested by the Special Commission for the Assessment of CNTT Assets. These include the hand-over of certain CNTT funds to this Commission, the withdrawl of the signing authority of members of the executive committee for the accounts of certain CNTT production units and the freezing of all CNTT bank transactions. The Committee notes in this respect that, taking into account the need for workers employed by various bodies run by the CNTT to cover their current expenses, these accounts have since been unfrozen.
9. 82. The Committee acknowledges that the democratization process in the country and the new trade union situation required that the Government take certain measures to redistribute to all the newly created trade union organizations property previously belonging to the CNTT. It considers, however, that it would be desirable for the Government and all the trade union organizations concerned to make efforts to conclude as soon as possible a definitive agreement regulating the distribution of the CNTT's assets, as was the case for the Trade Unions Centre, so that, on the one hand, the protective measures taken by the Special Commission for the Assessment of CNTT Assets may be lifted and, on the other hand, all trade union organizations in the country may exercise their trade union activities on an equal footing. It requests the Government to keep it informed of any progress made in this respect.

The Committee's recommendations

• A. The Committee's recommendations
  83. 83 In the light of the foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
      • (a) In light of the fact that the agreement of 15 February 1992 concerning an equitable and proportional sharing of the Trade Unions Centre, concluded between the Minister of Employment, Labour and the Public Service and the trade union confederations concerned, appears to have as its objective to guarantee on an equal footing for all trade unions the possibility of effectively exercising their activities, the Committee considers that there was no violation of the principles of freedom of association. It requests, however, the Government to ensure that this agreement is implemented in such a way that all trade union confederations may effectively and freely exercise trade union activities.
      • (b) The Committee considers that it would be desirable for the Government and all the trade union organizations concerned to make efforts to conclude a definitive agreement as quickly as possible regulating the distribution of the CNTT's assets so that, on the one hand, the protective measures taken by the Special Commission for the Assessment of CNTT Assets may be lifted and, on the other hand, all trade union organizations of the country may exercise their trade union activities on an equal footing.