Effect given to the recommendations of the committee and the Governing Body - Report No 359, March 2011

Case No 2192 (Togo) - Complaint date: 15-APR-02 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 202. The Committee last examined this case, which involves allegations of anti-union discrimination and interference in trade union activities by the company New Seed Processing Industry Oil of Togo (NIOTO), at its March 2007 meeting [see 344th Report, paras 210–212]. On that occasion, the Committee took note, with regard to the legal proceedings concerning the dismissal of Mr Awity Boko, General Secretary of the National Trade Union of Food and Agriculture Industries (SYNIAT), of Ruling No. 122/05 of 20 December 2005 of the Labour Court of Lomé, according to which his dismissal by the company NIOTO was lawful and legitimate.
2. 203. The Committee notes that, in a communication dated 13 November 2009, the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) reports with concern the delays encountered by SYNIAT, an affiliated union, with regard to the processing of the file relating to the dismissal of Mr Awity Boko. The IUF states, for example, that the factual conclusions by the judge in the case were not communicated to the individual concerned until February 2009, four years after the case was discussed and a ruling given, and then only thanks to the intervention of the Office of the United Nations High Commissioner for Human Rights. The information was necessary for Mr Awity Boko to lodge an appeal. The IUF adds that Mr Awity Boko lodged an appeal in April 2009, and complains that the handing down of a judgement by the appeal court was postponed on many occasions, most recently on 3 December 2009.
3. 204. The Committee notes that, according to the IUF, these postponements appear to reflect a wish to delay proceedings in the matter of the dismissal of Mr Awity Boko, which took place eight years ago. The IUF adds that the duration of the proceedings has not only been prejudicial to Mr Awity Boko and his family on a personal level, but also to the union, whose membership has fallen as a result of fear of anti-union repression and demobilization after many years. The Committee notes, lastly, that the Government has not supplied any observations on these most recent allegations, despite a number of reminders.
4. 205. The Committee notes with deep concern the information provided by the IUF. Recalling the principle that justice delayed is justice denied, the Committee urges the Government to inform it without delay of any ruling given by the appeals court concerning the dismissal of Mr Awity Boko and to give clarification regarding any follow-up to such a ruling. The Committee requests the Government in particular to report on the current employment situation of Mr Awity Boko, and to indicate whether he is still the leader of SYNIAT. The Committee also requests the Government to indicate whether SYNIAT is pursuing its activities within the company NIOTO, and to take any measures that may be necessary to ensure that it can operate in an environment free of discrimination and anti-union interference.