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

The Committee notes the Government’s report.

Article 2 of the Convention. In its previous observation, noting that the agreement of 1996 was vague and afforded no safeguards for the rights of workers in export processing zones, the Committee had requested the Government to confirm that the provisions of the Labour Code of 1974 on freedom of association do indeed have force of law in these zones. In this respect, the Committee takes due note of the indication in the Government’s report that no provision of Act No. 89-14 of 18 September 1989 establishing the status of export processing zones and its implementing Decree No. 90/40 of 4 April 1990 excludes the application of the provisions of the Labour Code in respect of freedom of association in enterprises located in export processing zones.

The Committee had also requested the Government to provide all available information on the representation of workers in export processing zones (for example, representation by unions, the number of members, etc.). The Committee notes the Government’s indication that it does not currently have any statistics concerning unionization in Togo and that no study or survey has been carried out on this subject. Noting that section 5 of the Act respecting the contracts of associations, of 1 July 2001, provides that any association that wishes to obtain legal capacity shall first submit a statement to the préfecture or sous-préfecture in the area in which the association will have its official headquarters, the Committee requests the Government to provide information in future on any trade union organization which requests the legal capacity to defend workers in export processing zones.

Article 3. In its previous comments, the Committee had noted the draft amendment prepared by the Government to bring section 6 of the Labour Code concerning the right of foreign workers to hold trade union office into conformity with the Convention. The Committee notes the Government’s indication that the draft text of the new Labour Code, which is in the final stages of adoption, takes this concern into account and contains provisions that are compatible with the Convention. The Government adds that a copy of the text will be sent to the ILO once it has been adopted. The Committee takes due note of this information and requests the Government to keep it informed on this matter.