Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Togo (Ratification: 1983)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Part I. Migrations in abusive conditions

Article 2 of the Convention. Statistical data on migration flows. The Committee takes note of the Government’s statement, in its report, that it is unable to provide statistical data on migration flows to and from Togo. The Committee recalls that appropriate data and statistics are crucial in determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact (see 2016 General Survey concerning the migrant worker instruments, para. 648). Noting that the fifth General Population and Housing Census (RGPH-5) was conducted in November 2022, the Committee trusts that the Government will soon be able to provide statistical data,disaggregated where appropriate by sex and nationality,on migration flows to and from Togo, including the number of migrant workers entering, passing through or leaving the country in an irregular situation.

Articles 3–6. Measures to prevent and address irregular migration and illegal employment of migrant workers. The Committee takes note of Decree No. 2021-104/PR of 29 September 2021 on the establishment, powers, organization and functioning of the National Commission for Combating Trafficking in Persons, whose members were appointed by Interministerial Order No. 004/MASPFA/ MSPC/MIJ of 19 January 2022 and whose mandate includes coordinating prevention and response measures to combat trafficking in persons. It notes that in July 2024, the International Organization for Migration helped to improve border posts in Pogno, with Burkina Faso, and in Tamongue, with Ghana, through the provision of materials and equipment. Furthermore, the Committee notes that: (1) Togo is a signatory to the Global Compact for Safe, Orderly and Regular Migration adopted by the United Nations General Assembly on 19 December 2018 (A/RES/73/195); (2) general agreements have been concluded with Benin, Burkina Faso, Mali and the Niger; (3) bilateral coordination agreements on the protection of migrant workers have been concluded with Côte d’Ivoire and Senegal; and (4) in view of the scale of trafficking in persons and migrant smuggling between Togo and Gabon, a joint programme to strengthen the management of mixed migration (complex migratory population movements that include refugees, asylum seekers, victims of trafficking, migrant workers and other migrants, as opposed to migratory movements consisting entirely of one category of individuals) and the fight against transnational organized crime was officially launched on 22 January 2025, with a view to intensifying bilateral and multilateral cooperation to dismantle criminal networks while strengthening the protection of vulnerable populations, particularly women and children. In this regard, the Committee refers to its observation of 2023 on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), and its direct request of 2023 on the application of the Forced Labour Convention, 1930 (No. 29), in which it noted with regret the lack of information on the penalties imposed on the perpetrators of trafficking. The Committee notes the Government’s statement that the number and nationality of migrant workers employed illegally or subjected to abusive conditions, as well as the nature of the violations identified by the labour inspection services, are not explicitly stated in inspection reports, as this information is combined with information relating to all workers. The Committee requests the Government to provide information on: (i) the policies and plans established, in particular by the National Commission for Combating Trafficking in Persons, to combat trafficking in persons, and their impact on the elimination of irregular migration; (ii) the specific measures adopted under bilateral and multilateral agreements to establish contacts and systematic exchanges of information with other States with a view to suppressing the clandestine movement of migrant workers and the illegal employment of migrants; and (iii) the results achieved in this regard, specifying in particular the number and nature of the violations found and the administrative, civil or penal sanctions applied in practice in cases of illegal employment of migrant workers, the organization of migration under abusive conditions and the deliberate provision of assistance to such migration.

Article 7. Consultations with organizations of workers and employers. The Committee notes the Government’s general statement that representatives of workers and employers are consulted through the National Labour Council. The Committee requests the Government to provide information on the activities of the National Labour Council in relation to migration for employment purposes, as well as any other measures taken or envisaged to involve the social partners in legislative and practical initiatives aimed at detecting, eliminating and preventing migration in abusive conditions and the illegal employment of migrant workers.

Article 8. Legal status in the event of loss of employment. The Committee notes the Government’s indication that, under section 53 of the new Labour Code (Act No. 2021-012), the loss of employment by a migrant worker who has been lawfully residing in Togo renders the work permit invalid, unless an exemption is granted by the Minister of Labour at the employer’s request. The Government adds that the loss of employment therefore results in the withdrawal of the work permit, but not necessarily the residence permit. In this regard, the Committee notes that section 7 of Act No. 2022-005 of 15 April 2022 on the policing of foreigners in the Togolese Republic provides that a visa or residence permit, which gives its holder the right to engage in paid or unpaid employment, may be revoked if the employer or employee no longer meets the conditions required to obtain a residence permit. The revocation of a foreigner’s residence permit may result in the revocation of the residence permits of persons who are dependent on him or her. In this regard, the Committee recalls that Article 8 of the Convention expressly requires that permission to reside in the country should not be revoked where the migrant loses his or her employment prematurely (see 2016 General Survey, para. 434). The Committee therefore asks the Government to specify the status of migrant workers who find themselves in an irregular situation as a result of losing their employment prematurely.

Article 9(1) and (2) of the Convention. Equality of treatment with respect to rights arising out of past employment. The Committee takes note of the Government’s statement that no migrant worker illegally residing or working in Togo is deported; on the contrary, their situation is regularized by the competent authorities unless they commit an offence while in an irregular situation. The Committee requests the Government to provide information on the measures taken to guarantee that, in practice, migrant workers in an irregular situation can exercise their rights arising out of past employment with regard to remuneration, social security and other benefits, specifying the relevant legislative provisions and the specific cases brought to the attention of the labour inspectorate and the competent courts.

Part II. Equality of opportunity and treatment

Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee takes note of the adoption in 2017 of the National Strategy on Labour Migration and its operational action plan for 2018–22, the overall vision of which is to ensure that by 2030, Togo can have regular migration and that all Togolese and foreign would-be migrants can see their contributions taken into account in the development of their respective countries. It notes that in July 2022, the committee monitoring the implementation of the strategy reported that only 20 per cent of the activities planned under the operational action plan had been implemented. The Committee requests the Government to provide detailed information on the implementation of the National Strategy on Labour Migration and to specify whether it includes active and positive measures to promote equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights and of individual and collective freedoms for persons who as migrant workers or members of their families are lawfully within its territory. Please provide a copy of any new operational action plan for the National Strategy on Labour Migration adopted after the 2018–22 plan.

Article 14(a). Right to mobility. 1. Employment authorization. The Committee notes that, under sections 52 and 53 of the new Labour Code, the recruitment of a foreign worker is preceded by an application for employment authorization and is subject to a written employment contract approved by the Director-General of Labour. The employer is responsible for applying for the employment authorization and visa. The visa is valid for a maximum of two years and may be renewed once, provided that the employer produces a plan to train and promote national workers who are likely to fill the position held by the foreign worker within the enterprise or establishment. Employers who fail to apply for an employment authorization or who employ a foreign worker without prior authorization or a visa are liable to penal sanctions. The Committee recalls the requirement for an employer to obtain an employment authorization may indirectly restrict the occupational mobility of migrant workers, as workers may not be hired by employers who have been refused such authorizations. The Committee considers that, after the two-year period of residence in the country provided for in Article 14, such restrictions run counter to the principle of equality of treatment between foreign and national workers (see 2016 General Survey, para. 359). The Committee therefore urges the Government to take the necessary measures to ensure that foreign workers are not restricted in their occupational mobility once the two-year period of legal residence has passed, including indirectly through authorizations limited to certain categories of occupations.

2. Priority given to national workers. The Committee notes that section 29 of Act No. 2022-021 of 2 December 2022 on the status of a free zone in the textile and clothing sector stipulates that such employment is reserved, as a priority and at an equivalent level of qualification, for nationals. In any case, the number of expatriate workers within an enterprise may not exceed 10 per cent of the number of national workers during the first 5 years and 2 per cent of national workers from the sixth year onwards. The procedures for implementing this provision are set forth in regulations. In this regard, the Committee recalls that employment priorities in favour of national workers may be contrary to the principle of equality of treatment as regards access to employment when they exceed the period allowed by Article 14(a) of the of the Convention (see 2016 General Survey, para. 365). The Committee requests the Government to provide information on the measures taken to ensure that the priority given to national workers in the free zone in the textile and clothing sector does not run counter to the principle of equality of treatment as regards access to employment, within the meaning of Article 14 of the Convention, and to specify the number of nationals and foreign workers employed in the free zone. Please provide a copy of any regulations adopted on the implementation of section 29 of Act No. 2022-021.

Article 14(c). Restrictions on access to employment. The Committee notes that section 42 of Act No. 2013-002 of 21 January 2013 issuing the General Public Service Regulations stipulates that anyone who is not a Togolese national cannot apply to become or be appointed a public servant. In this regard, the Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (see 2016 General Survey, para. 370). It notes that, at the Council of Ministers meeting held in December 2023, the Government adopted a new bill reforming the General Public Service Regulations. Consequently, the Committee once again requests the Government to examine the reasons why the restriction on access to government employment applies to all employment in the public service and is not limited to “limited categories of employment or functions” or sovereignty employment, and to specify the extent to which such a broad restriction is necessary “in the interests of the State”. The Government is requested to provide information on any developments in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Statistics. The Committee recalls the Government’s previous indication that the ongoing restructuring of the labour administration should permit the Government to collect and supply statistical data. Noting that no such data have been received, the Committee asks the Government to make every effort to provide statistical data on the number of men and women nationals from the Economic Community of West African States working in Togo, and on the number of Togolese nationals working abroad.

Articles 2–4 of the Convention. Measures to prevent and address irregular migration and the illegal employment of migrants. The Committee notes the Government’s indications that the labour inspection services are in charge of monitoring the illegal employment of migrant workers, but that no data on the number and the nationality of migrants illegally employed or submitted to abusive conditions are available. The Committee notes the measures to combat child trafficking which it has addressed in its comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182). The Government further states that Togo has no specific international labour migration policy and that it considers that ILO assistance would be appropriate. No specific measures are being taken to establish contact and exchange information with other States on the subject. The Committee encourages the Government to adopt measures to detect systematically whether there are any illegal and clandestine movements of migrants entering or leaving its territory, or whether there are any illegally employed migrant workers, and to collect specific data in this regard. The Committee also requests the Government to adopt, with ILO assistance where appropriate, specific legal and other measures against the organizers of such movements, in accordance with Articles 2 and 3 of the Convention, and to report on the progress made.

Articles 5 and 6. Penal, civil and administrative sanctions, and authors of trafficking for labour purposes. The Committee notes the fines imposed on employers not respecting sections 45 and 46 of the Labour Code regarding recruitment of foreign workers (section 289). It also notes the information provided by the Government on the international and regional treaties and multilateral agreements to combat trafficking in women and children and to address cross-border crimes signed by Togo (e.g. the United Nation Convention against Transnational Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, the Regional Multinational Cooperation Agreement to Combat Human trafficking, particularly women and children in West and Central Africa). The Committee asks the Government to indicate the measures taken to ensure that authors of trafficking for purposes of labour can be prosecuted wherever the country from which they operate. Please also indicate the legal provisions defining and applying administrative, civil and penal sanctions in respect of the organization of movements of migrants for employment involving abuses referred to in Article 2 of the Convention, and in respect of knowing assistance to such movements, whether for profit or otherwise.

Article 8. Legal status in the event of loss of employment. The Committee notes the Government’s indication that as long as the residence permit is valid the migrant worker can reside in the territory and seek other employment provided that the formal conditions required by the new employer are respected. The Committee asks the Government to indicate the conditions under which a residence permit is issued or renewed, and the reasons for which it can be revoked. Please submit information on the application in practice of the principle that the residence or work permit of a migrant worker shall not be automatically withdrawn upon the mere loss of his or her employment.

Article 9(1) and (2) of the Convention. Equality of treatment with respect to rights arising out of past employment. The Committee notes the Government’s indication that workers can claim their rights through recourse to the labour inspection services or the labour tribunal, which handle their case without referring to their migrant status. The Government has no knowledge of cases of expulsion of migrant workers in an irregular situation. The Committee encourages the Government to examine any obstacles faced by migrant workers whose situation cannot be regularized to submit claims to the labour inspectorate in relation to rights derived from past employment with respect to remuneration, social security and other benefits, and to report on the progress made in this regard. Please provide information on any such claims submitted by migrant workers in an irregular situation to the competent authorities, and on their outcome.

Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee notes Act No. 2011-006 on the social security code, which applies to all workers covered by the Labour Code 2006. It notes the definition of “worker” set out in the section 2 of the Labour Code, as well as the provisions of the Code prohibiting direct and indirect discrimination in employment and occupation, including termination, and guaranteeing trade union rights (sections 2, 3 6, 11 and 39). Complaints regarding discrimination can be submitted to the labour inspection services or brought before the labour tribunal. The Committee further notes the Government’s brief indications with respect to Article 12(b)–(f), including that no specific action or national policies exist that target migrant workers. The Government also states that it considers that ILO technical assistance would be appropriate in this context. Recalling that Article 10 not only requires the adoption of a national equality policy intended for migrant workers, but also the implementation of such a policy through positive measures, as described in Article 12 of the Convention, the Committee hopes that the Government will soon take active measures to this end, where appropriate with the assistance of the ILO, and asks the Government to provide information on any progress made in this regard.

Article 14(c). Functions necessary in the interest of the State. The Committee notes the Government’s statement regarding the general restriction on the access of foreigners to the public service. The Committee recalls that Article 14(c) allows restrictions on the access of foreigners to employment provided that: (a) the exceptions relate only to “limited categories of employment or functions”; and (b) this is necessary “in the interest of the State”. The Committee requests the Government to examine its legislation in light of the criteria mentioned in Article 14(c) of the Convention, and report on the progress made.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government to the Commission on the Applications of Standards of the International Labour Conference of June 2009 which indicates that it is difficult to collect data, including statistics, on migrant workers without the necessary mechanisms in place to coordinate and manage these data. The Government states, however, that the ongoing restructuring of the labour administration should permit the Government to collect and supply such data with its next report. The Committee takes note of these explanations and recalls that the extent, nature and direction of international labour migration has undergone substantial changes which may have had an impact on national law and policy concerning migrant workers applying the Convention. The Committee therefore asks the Government to provide full information in reply to all the questions contained in the report form concerning Part I (migration in abusive conditions) and Part II (equality of opportunity and treatment) of the Convention. Such information should indicate the specific legal provisions and policies applying the Convention, as well as statistical data on the number of men and women nationals from the Economic Community of West African States working in Togo, and on the number of Togolese nationals working abroad.

Part II of the Convention. Equality of opportunity and treatment. Particularly with respect to Article 8 of the Convention (loss of employment), the Committee recalls that this Article was one of the Articles most frequently mentioned by governments during the General Survey conducted in 1999 (paragraphs 577–597) as causing difficulties of application. The Committee therefore asks the Government to supply information on the application in practice of the principle of systematic non-withdrawal of the authorization of residence or work permit of a migrant worker residing legally in the territory – on loss of his or her employment – particularly in regard to migrant workers who are not considered to be “expatriates”.

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

The Committee notes that the Government’s report has not been received. The Committee notes however the information provided by the Government to the Commission on the Applications of Standards of the International Labour Conference of June 2009 which indicates that it is difficult to collect data, including statistics, on migrant workers without the necessary mechanisms in place to coordinate and manage these data. The Government states, however, that the ongoing restructuring of the labour administration should permit the Government to collect and supply such data with its next report. The Committee takes note of these explanations and recalls that the extent, nature and direction of international labour migration has undergone substantial changes which may have had an impact on national law and policy concerning migrant workers applying the Convention. The Committee therefore asks the Government to provide full information in reply to all the questions contained in the report form concerning Part I (migration in abusive conditions) and Part II (equality of opportunity and treatment) of the Convention. Such information should indicate the specific legal provisions and policies applying the Convention, as well as statistical data on the number of men and women nationals from the Economic Community of West African States working in Togo, and on the number of Togolese nationals working abroad.

Part II of the Convention. Equality of opportunity and treatment. Particularly with respect to Article 8 of the Convention (loss of employment), the Committee recalls that this Article was one of the Articles most frequently mentioned by governments during the General Survey conducted in 1999 (paragraphs 577–597) as causing difficulties of application. The Committee therefore asks the Government to supply information on the application in practice of the principle of systematic non-withdrawal of the authorization of residence or work permit of a migrant worker residing legally in the territory – on loss of his or her employment – particularly in regard to migrant workers who are not considered to be “expatriates”.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Provision of information. The Committee recalls that in its 1999 General Survey on migrant workers it emphasized that the extent, direction and nature of international labour migration has undergone significant changes since the adoption of the Convention (see paragraphs 5–17 of the General Survey). The Committee would therefore be grateful if the Government would indicate how contemporary trends in migratory flows have had an impact on the implementation of its national policy and legislation relating to emigration and immigration and to provide information on the questions contained in the report form of the Convention.

2. The Committee notes the statistics contained in the Government’s report in regard to the number of foreigners employed on its territory for 1998 (11); 1999 (9) and 2000 (3, up to 30 June), that with one exception these workers were males and that most of them were highly qualified nationals of European countries (France, Norway and Italy). Noting that Togo is surrounded by Burkina Faso, Benin and Ghana, which are traditionally countries of emigration, and the fact that nationals of these countries do not need a residence permit to settle in Togo, the Committee is of the view that these statistics concern only “expatriates” and do not truly reflect the situation in regard to the presence of foreign workers in Togo. The Committee therefore requests the Government to provide statistics on the number of nationals of the Economic Community of West African States working in Togo. Recalling that the Convention applies also to Togolese working abroad, the Committee would be grateful if the Government would supply information, including statistics, on their number.

3. Part II of the Convention (Equality of opportunity and treatment). The Committee notes that the information supplied by the Government in relation to Article 8 of the Convention concerns only foreign workers designated as “expatriates”, who are accorded equal or better treatment than Togolese workers if they lose their employment. Recalling that Article 8 of the Convention is one of the Articles most frequently mentioned by governments during the General Survey conducted in 1999 (paragraphs 577–597), as causing difficulties of application, the Committee would be grateful if the Government would supply information on the application in practice of the principle of systematic non-withdrawal of the authorization of residence or work permit of a migrant worker residing legally in the territory – on loss of his employment – particularly in regard to migrant workers who are not considered to be “expatriates”.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Provision of information. The Committee recalls that in its 1999 General Survey on migrant workers it emphasized that the extent, direction and nature of international labour migration has undergone significant changes since the adoption of the Convention (see paragraphs 5–17 of the General Survey). The Committee would therefore be grateful if the Government would indicate how contemporary trends in migratory flows have had an impact on the implementation of its national policy and legislation relating to emigration and immigration and to provide information on the questions contained in the report form of the Convention.

2. The Committee notes the statistics contained in the Government’s report in regard to the number of foreigners employed on its territory for 1998 (11); 1999 (9) and 2000 (3, up to 30 June), that with one exception these workers were males and that most of them were highly qualified nationals of European countries (France, Norway and Italy). Noting that Togo is surrounded by Burkina Faso, Benin and Ghana, which are traditionally countries of emigration, and the fact that nationals of these countries do not need a residence permit to settle in Togo, the Committee is of the view that these statistics concern only “expatriates” and do not truly reflect the situation in regard to the presence of foreign workers in Togo. The Committee therefore requests the Government to provide statistics on the number of nationals of the Economic Community of West African States working in Togo. Recalling that the Convention applies also to Togolese working abroad, the Committee would be grateful if the Government would supply information, including statistics, on their number.

3. Part II of the Convention (Equality of opportunity and treatment). The Committee notes that the information supplied by the Government in relation to Article 8 of the Convention concerns only foreign workers designated as “expatriates”, who are accorded equal or better treatment than Togolese workers if they lose their employment. Recalling that Article 8 of the Convention is one of the Articles most frequently mentioned by governments during the General Survey conducted in 1999 (paragraphs 577–597), as causing difficulties of application, the Committee would be grateful if the Government would supply information on the application in practice of the principle of systematic non-withdrawal of the authorization of residence or work permit of a migrant worker residing legally in the territory – on loss of his employment – particularly in regard to migrant workers who are not considered to be “expatriates”.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee recalls that in its 1999 General Survey on migrant workers it emphasized that the extent, direction and nature of international labour migration has undergone significant changes since the adoption of the Convention (see paragraphs 5-17 of the General Survey). It would therefore be grateful if the Government would indicate how contemporary trends in migratory flows have had an impact on the implementation of its national policy and legislation relating to emigration and immigration and to provide information on the questions contained in the report form of the Convention.

2.  The Committee notes the statistics contained in the Government’s report in regard to the number of foreigners employed on its territory for 1998 (11); 1999 (9) and 2000 (3, up to 30 June), that with one exception these workers were males and that most of them were highly qualified nationals of European countries (France, Norway and Italy). Noting that Togo is surrounded by Burkina Faso, Benin and Ghana, which are traditionally countries of emigration, and the fact that nationals of these countries do not need a residence permit to settle in Togo, the Committee is of the view that these statistics concern only "expatriates" and do not truly reflect the situation in regard to the presence of foreign workers in Togo.It therefore requests the Government to provide statistics on the number of nationals of the Economic Community of West African States working in Togo. Recalling that the Convention applies also to Togolese working abroad, the Committee would be grateful if the Government would supply information, including statistics, on their number.

3.  Part II of the Convention (Equality of opportunity and treatment).  The Committee notes that the information supplied by the Government in relation to Article 8 of the Convention concerns only foreign workers designated as "expatriates", who are accorded equal or better treatment than Togolese workers if they lose their employment. Recalling that Article 8 of the Convention is one of the Articles most frequently mentioned by governments during the General Survey conducted in 1999 (paragraphs 577-597), as causing difficulties of application, the Committee would be grateful if the Government would supply information on the application in practice of the principle of systematic non-withdrawal of the authorization of residence or work permit of a migrant worker residing legally in the territory - on loss of his employment - particularly in regard to migrant workers who are not considered to be "expatriates".

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

The Committee takes note of the information supplied by the Government in reply to its previous comments.

Point V of the report form. The Committee once again requests the Government to supply information on the manner in which the Convention is applied in practice. In particular, it requests the Government to supply information on the activities of the labour inspection services (such as, extracts from reports, studies and surveys, details of the number and nature of violations noted in relation to the application of the Convention, etc.), as well as approximate data on the number, nationality, geographical distribution and occupation of migrant workers in Togo.

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

The Committee notes the information supplied by the Government in its last report.

Point V of the report form. The Committee would be grateful if the Government would supply information on the practical application of the Convention with statistical data on the number, nationality and distribution by location and occupation of migrant workers in Togo.