Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Togo (Ratificación : 1960)

The Committee notes with regret that the Government has not replied to its previous comments. It observes, however, that the Government’s report contains an updated list of applicable legislative provisions, including in particular Decree No. 2022-022/PR of 23 February 2022 on the representativeness of trade unions and the exercise of the right to strike, and Order No. 3918/MRSPTDS/SG of 29 November 2024 determining the different forms of trade unions.

Conformity of the national legislation with the Convention. In its previous comment, the Committee noted the adoption of Act No. 2021-012 of 18 June 2021 issuing the Labour Code. It recalls, according to the joint comments of the Synergy of Workers of Togo (STT) and the National Union of Independent Workers of Togo (UNSIT), received on 31 October 2022, that the revision of the Labour Code was undertaken by the Government without true social dialogue, with the unions associated in form, but lacking real access either to the debate or to the texts leading to the adoption of a new Code. The Committee emphasizes the importance of consultation with the social partners on all questions related to labour legislation. The Committee again requests the Government to provide its comments on the above-mentioned observations.

The Committee recalls that, in its previous comment, it requested the Government to take the necessary measures so as to:

• amend section 13 of the Labour Code (which provides that the authorities have 90 days to complete the registration of a union);
• increase the flexibility of section 14(1) and amend section 14(3) of the Labour Code (concerning persons with responsibility for the administration and management of a trade union, with regard to the requirement to be active in the enterprise, establishment, branch or sector concerned, as well as the prohibition of persons who have received a conviction involving the loss of civic rights or a correctional penalty); in this connection, the Committee notes that sections 3 and 4 of Decree No. 2022-022/PR on the representativeness of trade unions and the exercise of the right to strike repeat these provisions, and that section 5 provides for the automatic termination of functions of a trade union delegate in the event of loss of status as an employee or worker in the enterprise or establishment;
• repeal section 15 of the Labour Code (which provides that the bodies responsible for the administration and management of the union shall be renewed at least once every five years by the general assembly or the congress);
• amend section 331(b) of the Labour Code (which prohibits any strike action from being pursued at the workplace, at its perimeter or within its immediate vicinity) as well as section 322 of the Code (under the terms of which the right to strike shall be exercised under conditions of duration and according to procedures that are compatible with the intrinsic requirements of the activity of the enterprise or establishment). The Committee notes that sections 17 and 19 of Decree No. 2022-022/PR repeat these provisions;
• amend section 327 of the Labour Code so as to adjust the definition of essential services (which currently includes certain services, for example security, education, banks and financial institutions, maritime and air transport, which cannot be considered essential within the strict sense of the term, that is their interruption would not endanger the life, personal safety or health of the whole or part of the population), and where appropriate, provide a negotiated minimum service, limited to the operations that are strictly necessary during the strike in those services. The Committee notes that section 21 of Decree No. 2022-022/PR repeats this provision.

The Committee notes the indications of the Government submitted to the Committee on the Application of Standards of the International Labour Conference (Conference Committee) at the 113th (June 2025) Session, according to which the Government has noted and will take the necessary measures concerning the comments formulated by the Committee on section 14 of the Labour Code and section 3 of Decree No. 2022-022/PR of 23 February 2022.

The Committee notes that section 4 of the new Order 3918/MRSPTDS/SG provides that a primary trade union (that is a trade union organization at base level) shall not be composed of fewer than 50 workers. It further notes that section 6 of the Order provides that a national confederation or trade union centre shall regroup at least two federations from different sectors or branches and shall be represented in at least two thirds of the prefectures in each economic region. Recalling the importance of ensuring that the minimum number of members of workers’ organizations, as well as other requirements, be fixed in a reasonable manner, to avoid hindering the establishment of organizations at all levels, the Committee requests the Government to amend the above-mentioned sections by reducing the number of members required and rendering more flexible the requirement of representation in at least two thirds of the prefectures for registration.

The committee requests the Government to provide detailed information on the measures taken or envisaged to ensure that the national legislation is in full conformity with the Convention and recalls that the Government may avail itself of ILO technical assistance in this regard.

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