Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Togo (Ratification: 1983)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes the adoption of Act No. 2021-012 of 18 June 2021 issuing the Labour Code, implementing Decree No. 2022-021/PR of 23 February 2022 on the powers, structure and operation of the National Labour Council (CNT), and Decree No. 2022-022/PR of 23 February 2022 concerning trade unions and the right to strike.

Article 4(2) of the Convention. Financing of any necessary training of participants in consultation procedures. The Committee requests the Government to provide up-to-date information on: (i) any arrangement made between the competent authority and the representative organizations for the financing of any necessary training of participants in these procedures; and (ii) the training provided in the period covered by the next report.

Article 5(2). Consultations at regular intervals. The Committee notes the Government’s indications that the CNT meets once a year before the beginning of the respective session of the International Labour Conference. However, section 15 of the above-mentioned Decree No. 2022-021/PR of 23 February 2022 provides for an ordinary meeting once every six months with the possibility of convening extraordinary meetings. In addition, the Committee notes that section 13 of Decree No. 2007-012/PR of 13 March 2007 on the structure and operation of the National Social Dialogue Council (CNDS) provides for two ordinary meetings a year and for extraordinary meetings in case of need. The Committee requests the Government to clarify: (i) what interval is observed by the consultative bodies; and (ii) whether the consultative bodies are currently operational, indicating, for example, when the last meetings took place and the subjects discussed at them.

Article 6. Production of an annual report. The Committee notes the Government’s indication that copies of the annual reports produced during the period concerned regarding the operation of procedures have already been sent but that it is not in possession of these copies. The Committee therefore requests the Government to send copies of the annual reports of the consultative bodies.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 5(1) and (2) of the Convention. Effective tripartite consultations at regular intervals. Since the ratification of the Convention by Togo, the Committee has repeatedly requested detailed information on the tripartite consultations held on the matters referred to in Article 5(1) of the Convention. In this regard, the Committee notes with regret that the Government, in its last report received in 2022, merely reiterates largely the same information as that provided in its previous report in 2017. The Committee therefore urges the Government to provide detailed information on the content and outcome of tripartite consultations held on all the matters referred to in Article 5(1) of the Convention, namely: (i) government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference; (ii) the submission of Conventions and Recommendations to the competent national authorities for examination; (iii) the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given, to consider what measures might be taken to promote their implementation and ratification as appropriate; (iv) questions arising out of reports on the application of international labour standards; and (v) proposals for the denunciation of ratified Conventions.

Article 3(1). Free choice of employers’ and workers’ representatives. The Committee notes that section 3 of Decree No. 2022-022/PR of 23 February 2022 provides that persons may not exercise responsibility for the administration or direction of a union who have received a conviction involving loss of civic rights or a conviction to a correctional penalty, with the exception of: (a) convictions for offences involving imprudence, except in case of hit-and-run offences; and (b) convictions for misdemeanours for which the penalty is not subject to proof of bad faith and which only involve liability to a fine, with the exception of misdemeanours qualified as offences by company laws. Noting that these provisions are identical to those of section 14 of the new Labour Code, the Committee refers to its 2023 comments on the application of Article 3 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), recalling that a conviction for an act the nature of which is not such as to call into question the integrity of the person concerned and is not such as to prejudice the performance of trade union duties should not constitute grounds for disqualification from trade union office, and requests the Government to provide information on any measures taken or envisaged to ensure that representatives of employers and workers are freely chosen, in accordance with Article 3(1) of Convention No. 144.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee invited the Government to continue providing detailed information on the tripartite consultations held on the matters set out in Article 5(1) of the Convention, including information on the frequency of such consultations, and to indicate the nature of any reports or recommendations made as a result of the consultations. The Government indicates that a copy of the report covering government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference is sent to the social partners. A meeting date is then fixed by joint agreement and amendments are adopted further to tripartite consultations. In this context, amendments have been made to reports relating to the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), and the Employment (Transition from War to Peace) Recommendation, 1944 (No. 71). As regards the proposals to be made to the competent authority in connection with the submission of Conventions and Recommendations, the Government indicates that a copy of the communication accompanying the text to be submitted to the competent authority is sent to the social partners by the Government and their observations are taken into account. As regards the re-examination of unratified Conventions, the Government refers to tripartite workshops for exchange and communication and workshops for the validation of studies concerning the conformity of national law and practice to international standards. It indicates that reports to be made to the Office under article 22 of the ILO Constitution are sent to the social partners and their observations are taken into account. As regards the frequency of consultations, the Government indicates that the National Council for Social Dialogue meets once a year and the National Labour Council meets every three months or at the request of two-thirds of its members. These consultations concern the conception, formulation and validation of policies, plans and programmes relating to the world of work. The Committee requests the Government to provide more detailed information on the content and outcome of the tripartite consultations held on all the matters referred to in Article 5(1) of the Convention, and to indicate the nature of all reports or recommendations resulting from these consultations.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the two reports provided by the Government in response to its 2010 observation for the periods ending September 2011 and September 2014, respectively. The Government reports the establishment and revitalization of a number of tripartite institutions, such as the National Council for Social Dialogue and the National Council on Labour and Social Laws. Moreover, the Government emphasizes the contribution of the National Task Force on International Labour Standards to the preparation of the reports submitted to the ILO. The Committee notes with interest that the capacity building of those involved in the procedures as well as the awareness of the need to promote the ratification of a number of Conventions led to the ratification being registered in 2012 of the Labour Inspection Convention, 1947 (No. 81), the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Employment Policy Convention, 1964 (No. 122), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Labour Administration Convention, 1978 (No. 150), the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Maritime Labour Convention, 2006 (MLC, 2006). The Committee invites the Government to continue providing detailed information on the tripartite consultations held on the matters set out in Article 5(1) of the Convention, including information on the frequency of such consultations, and to indicate the nature of any reports or recommendations made as a result of the consultations.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Effective tripartite consultations. The Committee notes the detailed information sent by the Government in May 2010 in reply to the previous observations. The Committee notes with interest the setting up, by Order No. 018/MTESS of 28 October 2008, of the National Unit on Standards, one of the tasks of which is to prepare the necessary technical files for tripartite consultations on international labour standards required by the Convention. It also notes with interest that the Government requested and obtained technical and financial assistance from the ILO in November 2009 for training for the members of the national unit with respect to reporting obligations in connection with ratified Conventions. Activity was also planned for the 2010–11 period with regard to strengthening the capacities of the members of the national unit in relation to the content of fundamental Conventions and Conventions on governance which might be submitted for ratification in the near future (Conventions Nos 81 and 122). The Committee hopes that the Government will supply up-to-date information in its next report on the progress made with the social partners to ensure effective tripartite consultations on the matters relating to international labour standards (Articles 2 and 5 of the Convention).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government has not provided any information on the application of the Convention since its last report received in September 2004. The Committee trusts that the Government will be able to provide a report, including information in reply to the points raised in the Committee’s 2004 observation, which set forth the following matters:

Consultation procedures. The Committee noted the project to create a national task force on standards to be responsible for “consensus-based management of relations with the ILO essentially in matters pertaining to constitutional obligations and ongoing promotion of social dialogue”. It requests the Government to provide information on the effect given to this project.

Tripartite consultations required by the Convention. The Government supplied information on the activities of the National Labour Council. The Committee noted that the information was not specific enough to enable it to assess the effect given to this Convention. The Committee asks the Government to provide information on the consultations held on each of the matters set out in Article 5(1) of the Convention, specifying their purpose, and frequency, and the nature of any reports or recommendations resulting from the consultations.

The Government stated that the main difficulty is finding funds for the activities of the bodies that conduct social dialogue and that extra assistance would be essential to strengthen such dialogue, which is becoming increasingly indispensable. The Committee hopes that the Office will be able to furnish its advice in response to the Government’s request so that effective consultations can be held on the subjects covered by the Convention.

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observations, which read as follows:

Consultation procedures. The Committee noted in 2004 the project to create a national task force on standards to be responsible for “consensus-based management of relations with the ILO essentially in matters pertaining to constitutional obligations and ongoing promotion of social dialogue”. It requests the Government to provide information on the effect given to this project.

Tripartite consultations required by the Convention. The Committee also noted the information supplied by the Government on the activities of the National Labour Council. It noted that the information was not specific enough to enable it to assess the effect given to this priority Convention. The Committee asks the Government to provide information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, specifying their purpose, and frequency, and the nature of any reports or recommendations resulting from the consultations.

The Government stated that the main difficulty is finding funds for the activities of the bodies that conduct social dialogue and that extra assistance would be essential to strengthen such dialogue, which is becoming increasingly indispensable. The Committee hopes that the Office will be able to furnish its advice in response to the Government’s request so that effective consultations can be held on the subjects covered by the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its 2004 observation which read as follows:

1. Consultation procedures. The Committee noted in 2004 the project to create a national task force on standards to be responsible for “consensus-based management of relations with the ILO essentially in matters pertaining to constitutional obligations and ongoing promotion of social dialogue”. It requests the Government to provide information on the effect given to this project.

2. Tripartite consultations required by the Convention. The Committee also noted the information supplied by the Government on the activities of the National Labour Council. It noted that the information was not specific enough to enable it to assess the effect given to this priority Convention. The Committee asks the Government to provide information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, specifying their purpose, and frequency, and the nature of any reports or recommendations resulting from the consultations.

3. The Government stated that the main difficulty is finding funds for the activities of the bodies that conduct social dialogue and that extra assistance would be essential to strengthen such dialogue, which is becoming increasingly indispensable. The Committee hopes that the Office will be able to furnish its advice in response to the Government’s request so that effective consultations can be held on the subjects covered by the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2004 observation, which read as follows:

1. Consultation procedures. The Committee takes note of the Government’s report received in September 2004. It notes in particular the project to create by the end of February 2005 a national task force on standards to be responsible for “consensus-based management of relations with the ILO essentially in matters pertaining to constitutional obligations and ongoing promotion of social dialogue”. It requests the Government to keep it informed of the practical effect given to this project.

2. Tripartite consultations required by the Convention. The Committee also notes the information supplied by the Government on the activities of the National Labour Council for the period covered by the report. It again notes that the information is not specific enough to enable it to assess the effect given to this priority Convention. The Committee invites the Government to provide information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, specifying their purpose, and frequency, and the nature of any reports or recommendations resulting from the consultations.

3. The Government states that the main difficulty is finding funds for the activities of the bodies that conduct social dialogue and that extra assistance would be essential to strengthen such dialogue, which is becoming increasingly indispensable. The Committee hopes that the Office will be able to furnish its advice in response to the Government’s request so that effective consultations can be held on the subjects covered by the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Consultation procedures. The Committee takes note of the Government’s report received in September 2004. It notes in particular the project to create by the end of February 2005 a national task force on standards to be responsible for "consensus-based management of relations with the ILO essentially in matters pertaining to constitutional obligations and ongoing promotion of social dialogue". It requests the Government to keep it informed of the practical effect given to this project.

2. Tripartite consultations required by the Convention. The Committee also notes the information supplied by the Government on the activities of the National Labour Council for the period covered by the report. It again notes that the information is not specific enough to enable it to assess the effect given to this priority Convention. It invites the Government to provide information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, specifying their purpose, and frequency, and the nature of any reports or recommendations resulting from the consultations.

3. The Government states that the main difficulty is finding funds for the activities of the bodies that conduct social dialogue and that extra assistance would be essential to strengthen such dialogue, which is becoming increasingly indispensable. The Committee hopes that the Office will be able to furnish its advice in response to the Government’s request so that effective consultations can be held on the subjects covered by the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the Government’s report. In its previous direct request it noted that the National Labour Council had resumed its activities, and expressed the hope that the Government would be in a position to report progress regarding consultations held pursuant to Articles 2 and 3 of the Convention, on the subjects listed in Article 5, paragraph 1. The Committee notes that the information on this matter provided in the last report received is not specific enough to enable it to ascertain how far the Convention is applied. It therefore again requests the Government to provide in its next report more specific information on the consultations held concerning the items listed in Article 5, paragraph 1(a), (b), (c), (d) and (e), during the period covered by the next report. It trusts that the Government will provide a list of the consultations that have taken place, indicating the subject, questionnaire, Conventions, reports or any other matter dealt with in each of them. Please also provide information on the activities of the National Labour Council, the frequency of consultations and the nature of any resulting reports or recommendations.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report on the application of the Convention. It notes the Government's statement to the effect that, in July 1999 during the course of a seminar organized by the ILO, the Government and the social partners expressed their wish to re-establish permanent tripartite consultations, a consequence of which the National Labour Council has renewed its activities. Recalling that since its first report to the ILO in 1985, the Government has never been unable to provide information on the consultations undertaken, as required under Articles 2 and 3 of the Convention in respect of the questions enumerated under Article 5, paragraph 1, the Committee hopes that this positive development will enable the Government to adopt the necessary measures to apply the above Articles of the Convention and that the Government's next report will provide information in respect of progress made in this regard.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee has noted the Government's brief report. It observes that the National Labour Council has not resumed its activities and hopes that the Government will take the necessary measures to re-establish the Council as soon as possible, as it had stated it would in a previous report.

2. The Committee observes that for many years the Government's reports have not contained any information on the consultations held on the ILO's activities. Recalling that the nature and form of the procedures provided for in Article 2 of the Convention shall allow for effective consultations on each of the matters provided for in Article 5, paragraph 1, and that, according to Article 5, paragraph 2, these consultations shall be undertaken at appropriate intervals but at least once a year, the Committee trusts that such consultations may be undertaken in the period covered by the Government's next report and that it will be able to provide details of them.

3. With reference to its previous direct request, the Committee once again asks the Government to submit, for the examination of the National Labour Council, the idea of preparing an annual report on the working of the procedures provided for in the Convention, as required by Article 6 thereof.

4. Finally, the Committee requests the Government to indicate, in accordance with point VI of the report form, to which representative organizations of employers and workers copies of the reports on the application of the Convention have been sent, and to specify whether it has received any observations from these organizations.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report to the effect that the activities of the National Labour Council should resume from 1 September 1995. It would be grateful if the Government would supply the ILO with full and detailed information on the consultations conducted in the Council during the period covered by the next report concerning the matters raised in Article 5, paragraph 1, of the Convention.

In addition, the Committee requests the Government to submit to the Council the subject of the advisability of preparing an annual report on the working of consultation procedures and to inform the ILO of its opinion on the matter as requested under point VI of the report form.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous observation, the Committee notes the Government's report. It notes the statement that the activities of the National Labour Council have been suspended owing to social and political unrest, but that arrangements are under way to enable the Council's activities to be resumed and thereby ensure the implementation of the Convention.

The Committee recalls that the consultations established by the Convention specifically concern the ILO's activities listed in Article 5, paragraph 1, of the Convention and that, in accordance with Article 5, paragraph 2, the consultations must take place at least once a year.

The Committee hopes that in its next report the Government will be able to provide information on developments in the situation, together with the information required by the report form on consultations held during the period covered by the report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its observation, the Committee notes that the Government's report again contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct requests, especially on those concerning Article 5, paragraph 1, of the Convention. The Committee recalls that this key provision of the Convention provides for consultations on:

(a) government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference;

(b) the proposals to be made to the competent authority or authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the Constitution of the International Labour Organization;

(c) the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given, to consider what measures might be taken to promote their implementation and ratification as appropriate;

(d) questions arising out of reports to be made to the International Labour Office under article 22 of the Constitution of the International Labour Organization;

(e) proposals for the denunciation of ratified Conventions.

According to Article 5, paragraph 2, such consultations have to take place once a year.

Please indicate the nature of any reports or recommendations made as a result of the consultations.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that since the Convention's entry into force for Togo, the Government's reports have contained no information concerning the application of Article 5, paragraph 1, of the Convention, concerning the subjects of the consultations. It trusts that the Government will not fail to give particulars of the consultations that have taken place during the period covered by the next report. The matter is dealt with more fully in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the general information supplied by the Government in its last report.

Further to its earlier comments, it none the less requests the Government to provide detailed information on the consultations held during the period covered by the next report, concerning each of the questions enumerated in Article 5, paragraph 1, and on the frequency of such consultations. It also requests the Government to specify the nature of any reports or recommendations resulting from these consultations.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the general information supplied by the Government in its last report.

Further to its earlier comments, it none the less requests the Government to provide detailed information on the consultations held during the period covered by the next report, concerning each of the questions enumerated in Article 5, paragraph 1, and on the frequency of such consultations. It also requests the Government to specify the nature of any reports or recommendations resulting from these consultations.