Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Togo (Ratification: 1983)

Article 1(a) of the Convention. Prohibited grounds of discrimination. Public service. With reference to its previous comments concerning section 45 of Act No. 2013-002 of 21 January 2013 issuing the General Public Service Regulations, which do not cover all the grounds of discrimination set out in the Convention, including race, colour, national extraction and social origin, and only concern recruitment, the Committee notes the Government’s repeated indication, in its report, that it will take account of the Committee’s comments in the revision of the General Public Service Regulations, in order to provide public employees the same protection as that provided to workers in the private sector. It observes that at the Council of Ministers, held in December 2023, the Government adopted a new Bill on the reform of the General Public Service Regulations. The Committee trusts that the Government will take all the necessary measures, within the framework of the current General Public Service Regulations, in order to ensure that: (i) public employees are afforded full protection against discrimination, including at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, as well as any other grounds that it considers useful to add (particularly to bring the protection against discrimination afforded to public servants into line with the protection for workers in the private sector); and (ii) the prohibition of discrimination covers not only recruitment, but also access to vocational training, and the terms and conditions of employment in the public service. It requests the Government to provide information on any progress made in this area and to provide a copy of the General Public Service Regulations, once adopted.

Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s statement that section 40 of the Labour Code, which prohibits both quid pro quo sexual harassment and sexual harassment resulting in an intimidating, hostile or humiliating work environment, but which restricts the scope of application of this provision to sexual harassment committed by a hierarchical superior, can only be amended at the forthcoming revision of the Labour Code. It notes with interest that the Government has strengthened the legislation in order to combat sexual harassment, particularly through the adoption of: (i) Act No. 2022-018 of 15 November 2022 amending the Criminal Code; (ii) Act No. 2022-020 of 2 December 2022 on the protection of students against sexual violence, particularly in education and vocational training centres; and (iii) Order No. 0316/MFPTDS of 2 February 2024 on the prohibition of discrimination, sexual or psychological harassment, violence or intimidation in professional environments and workplaces. The Committee notes, however, that unlike the Labour Code, sections 237 ter and 399 of the Criminal Code, as amended in 2022, and section 15 of Act No. 2022-020 define sexual harassment in a restricted manner by only covering quid pro quo sexual harassment, or in other words harassment aimed at obtaining favours of a sexual nature from another person against their will. The Committee recalls that for the full implementation of the Convention, it is essential for sexual harassment in employment and occupation to be clearly defined and prohibited, including both quid pro quo and hostile work environment sexual harassment (see 2023 General Survey on achieving gender equality at work, para. 113). The Committee also highlights that it is the dissuasive and accessible character of penalties as well as their effectiveness, that counts, whether they are provided for by criminal law, labour law, or civil or administrative law. In this regard, it recalls that it considers that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), (see 2012 General Survey on the fundamental Conventions, para. 792). Lastly, the Committee notes the Government’s indication that no awareness-raising campaign has been launched on the subject among employers, workers and their respective organizations, nor among labour inspectors. The Committee requests the Government to take any necessary measures to include, within the various relevant legislation on employment relationships, a clear and comprehensive definition of sexual harassment, that is, not only quid pro quo sexual harassment but also sexual harassment resulting in a hostile work environment, protecting all workers, men and women, and covering harassment perpetrated by a person in a position of authority, a colleague, a subordinate or by a person with whom workers have contact as part of their job. It also requests the Government to provide information on: (i) any amendment made, in this regard, especially to the Labour Code, Criminal Code and Act No. 2022-020; (ii) awareness-raising and capacity-building activities carried out for employers and workers and their organizations, as well as the competent authorities, with a view to preventing sexual harassment in employment and occupation in all its forms, including under section 42 of the Labour Code and section 5 of Act No. 2022-020; and (iii) the number of complaints of sexual harassment received by the competent authorities, and their outcome (compensation awarded and penalties imposed). The Committee also requests the Government to provide a copy of above-mentioned Order No. 0316/MFPTDS of 2 February 2024.

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