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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Further to the adoption of Act No. 2014-019 of 17 November 2014, which amended the Personal and Family Code and, in particular, abolished the status of “head of the family” by making both spouses jointly responsible for the family (new section 99) and abolished discriminatory provisions towards women with regard to inheritance, the Committee requested the Government to provide information on the measures taken to publicize the new Personal and Family Code. The Government indicates in its report that it has organized several meetings to publicize the new Code for various populations across the country during which many copies of the Code were distributed. The Committee notes this information.
Articles 2 and 3. Equality of opportunity and treatment between men and women. In its previous comment, the Committee requested the Government to provide information on: (1) any evaluation undertaken of the National Policy on Gender Equity and Equality (PNEEG) of 2011; (2) the measures aiming to promote equality between men and women in education, training, employment and occupation; and (3) the activities of the Ministry Responsible for the Promotion of Women and those of the gender focus groups of ministerial departments in the area of employment. The Committee notes the information provided by the Government on the results achieved and the obstacles encountered in the implementation of the PNEEG, particularly the weak involvement of the private sector in promoting gender and the low level of activity of the gender focus groups of the ministerial departments. With regard to the measures aiming to promote gender equality, the Government indicates that it has, inter alia, updated the Education Sector Plan (PSE) to include the issue of gender; established new vocational training centres aimed at making this type of training accessible to all, including girls with difficulties in traveling and finding accommodation; and implemented a project to promote girls in scientific, technical and vocational fields by awarding academic achievement grants. The ministry responsible for the promotion of women has implemented a “girls’ academic achievement and leadership project” since 2017, as well as a national programme for women’s professional leadership. The Government states that it is committed to making access to means of production and employment opportunities one of the priorities for promoting gender equality, in particular by supporting the transition from formal to informal work. The gender focus groups periodically hold capacity-building sessions for women in the ministerial departments on several themes. The Committee notes that, in its report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25, national report), which covers the period between 2014-2019, the Government indicates that the five priorities identified by Togo to accelerate progress for women and girls are: (1) equality and non-discrimination in law and access to justice; (2) quality education, training and lifelong learning for women and girls; (3) elimination of poverty, and strengthening of agricultural productivity and food security; (4) elimination of violence against women and girls; and (5) political participation and representation. It notes that, while the Government refers to progress made in legislative, political, programmatic and strategic matters, it also recognizes that there are bottlenecks and failings with regard to gender equality and empowerment of women and girls. At the legal level, the Committee notes, for example, the adoption of Act No. 2018-005 of 14 June 2018 issuing the Land and Property Code, which currently guarantees access to land ownership for women on the same footing as men (sections 8, 13, 14, and 483).
At the level of the policy framework, the Committee notes the following initiatives: (1) the strategy for accelerated growth and employment promotion (SCAPE 2013-2017) which was followed by the national development plan (PND 2018-2022), the third pillar of which provides for the continued promotion of gender equity and equality, the empowerment of women and their effective participation in decision-making at all levels of the development process; (2) the 2016-2030 Agricultural Policy, the second pillar of which includes the issue of women’s access to productive resources (with a view to increasing their productive capacity) and the management and control of their own incomes; and (3) the updated 2011 national policy on gender equity and equality (PNEEG) and the corresponding implementation strategy revised in July 2019, the strategic directions of which focus on: promoting the position and potential of women in the family and community; increasing women’s productive capacity and income; improving equitable access of women and men to social services; promoting equitable participation of men and women in the management of power, respect for the law and elimination of all forms of violence; and strengthening the intervention capacities of the institutional framework for the implementation of the PNEEG. In this regard, the Committee notes that the Togo Decent Work Country Programme (DWCP) (2019-2022) also highlights that conditions of access to positions of responsibility remain difficult owing to sociocultural considerations, as the prevailing opinion is still that women should be committed to their reproductive function and household tasks. This in turn reinforces the structural barriers limiting their access to education, training, land and productive assets, while restricting the time and mobility they need for productive work and the choice of economic activity. With regard to combating gender stereotypes concerning women’s aspirations, preferences and vocational skills, and their role in the family and society in general, the Committee notes the Government’s statement that this consists essentially of organizing information and awareness-raising sessions for target populations and various socio-professional categories; holding public meetings and conferences; and awarding grants or computers to encourage women and girls to continue their studies in science subjects. In the light of the foregoing, the Committee requests the Government to provide information on the measures taken or envisaged to: (i) increase the involvement of the private sector in the promotion of gender equality; (ii) enhance the efficiency of the gender focus groups (gender focal points) in view of their central role; and (iii) facilitate women’s access, especially in rural areas, to means of production (credit, land etc.). It also requests the Government to provide detailed information on the results achieved through the new vocational training centres, the girls’ academic achievement and leadership project, the national programme for women’s professional leadership, and grants or computers awarded to encourage women and girls to continue their studies in scientific subjects (the number of women enrolled in the training centres and participating in various projects, statistics on the results achieved, the number of grants awarded and status of the number of young women continuing their studies in science subjects etc.). Furthermore, as the establishment of gender equality ensues from an awareness of the influence of gender stereotypes and their transformation, the Committee requests the Government to continue to provide information on the measures taken to effectively combat gender stereotypes, including through educational and vocational training institutions, the media and cultural industries (television, radio, advertising, cinema, theatre, social media etc.)
Article 3(d). Employment of women in the public sector. In response to the Committee’s request to train more women and encourage them to apply for a wider range of jobs in the public service, particularly higher-level posts and positions of responsibility, the Government merely produces data on the numbers, disaggregated by sex, of workers in categories A1 and A2 of the public service (workers who may be appointed to positions of responsibility). These data show that the proportion of women among public workers in these grades remained strikingly unchanged from 2015 (15.8 per cent) to 2019 (15.9 pour cent). The Committee also requested the Government to eliminate the obstacles that women may face in employment, in particular to combat negative stereotypes concerning women in society. In this regard, the Committee notes that the Government, in its Beijing +25 national report, recognizes that one of the obstacles to gender equality is the persistence of gender stereotypes. It also notes the concluding observations of the United Nations Human Rights Committee inviting the Government to take urgent action to strengthen public information and awareness-raising activities to eliminate sexist stereotypes, counter the problem of women’s subordination and promote respect for the roles and shared responsibilities of men and women in the family and in society (CCPR/C/TGO/CO/5, 24 August 2021, paragraph 20(c)). In light of the lack of any progress recorded for years on the proportion of women in positions of responsibility in the public service, the Committee requests the Government to indicate the concrete measures taken or envisaged to remedy this, and the results achieved. It also once again requests the Government to combat negative stereotypes concerning the aspirations, preferences and capabilities of women and their role in society and to eliminate, at every stage of employment, the obstacles that they may face.
Article 2. Promotion of equality and combating discrimination on grounds other than sex. In its previous comments, the Committee recalled that apart from sex, the most frequently cited grounds for discrimination in employment were ethnicity and social origin, followed by political opinion. As the Government, in its report, states that it was unable to provide the information requested by the Committee on the recommendations from the consultations and advocacy project for equitable access to employment in the private and public sectors carried out in 2014 and 2015, the Committee requests it to provide information on the measures taken or envisaged to combat discrimination and promote equality in employment and occupation irrespective of race, colour, national extraction, religion, political opinion, and social origin, in cooperation with employers’ and workers’ organizations.
General observation of 2018. The Committee thanks the Government for the information provided in response to the questions asked in the above observation.
Statistics. The Committee notes the Government’s statements in its Beijing +25 national report on the progress made in the availability of data disaggregated by sex and statistics on gender through the establishment of an inter-institutional coordination mechanism for statistics on gender, the development of a gender statistics database and dashboard, as well as capacity-building for managers of the national statistical system relating to the development of these statistics to promote the increased use of gender-specific data in policymaking and the implementation of programmes and projects. The Committee requests the Government to provide up-to-date statistical data on: (i) the economically active population disaggregated by sex in the private and public sectors; (ii) the numbers of women and men at all education levels and in the various vocational training provided; and (iii) the number of men and women who have found a job further to one of these training modalities, in particular a job traditionally occupied by a person of the opposite sex.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(a) of the Convention. Protection of workers against discrimination. Legislation. Public service. The Committee recalls that the Labour Code of 18 June 2021 prohibits discrimination on grounds of sex, colour, religion, ethnicity, race, political or philosophical opinion, trade union or cooperative activities, origin, including social origin, morals, legal status, national extraction, physical appearance, age, family situation, pregnancy and health, loss of autonomy or disability (section 4). In its previous comments, the Committee noted that the provisions of the Act of 21 January 2013 issuing the General Public Service Regulations, which prohibit discrimination (section 45), do not cover all the grounds of discrimination set out in the Convention, including race, colour, national extraction and social origin, and that they only concern recruitment. It therefore requested the Government to envisage the possibility of amending section 45 of the General Public Service Regulations with a view to ensuring that public service personnel are fully protected from discrimination. The Committee notes with concern that the Government once again confines itself to indicating that it has taken due note of this request, without providing any details on the measures envisaged to do so. In this regard, it once again recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (General Survey on the fundamental Conventions, 2012, paragraph 853). The Committee recalls that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin (with the possibility of extending its protection to discrimination on the basis of other grounds) and that no provision in the Convention limits its scope with regard to individuals or branches of activity. The Convention therefore applies to all sectors of activity, the public and private sectors, formal economy and informal economy (2021 General Survey, paragraph 733). In light of the above, the Committee firmly hopes that the Government will take the necessary measures in the near future to amend section 45 of the Act of 21 January 2013 issuing the General Public Service Regulations so that, in line with the Convention, public service employees are fully protected from discrimination, including discrimination based on race, colour, national extraction and social origin, 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 to ensure that the prohibition of discrimination covers not only recruitment, but also terms and conditions of employment in the public service.
Discrimination on the basis of sex. Sexual harassment. The Committee notes with interest the adoption of Act No. 2021-012 of 18 June 2021 issuing the Labour Code, which amends section 40 of the Labour Code to include and explicitly prohibit – as the Committee had requested in its previous comments – both forms of sexual harassment, namely quid pro quo sexual harassment and sexual harassment resulting in an intimidating, hostile or humiliating work environment. However, the Committee notes, that contrary to its request, the reference to “misuse of authority” has not been removed, which effectively restricts the scope of application of this provision to sexual harassment committed by a hierarchical superior and does not cover harassment by a work colleague with the same status, a junior, customers of the enterprise or other persons encountered in the work context. Furthermore, the Committee once again notes that the provisions of Act No. 2015-010 of 24 November 2015 issuing the new Penal Code relating to sexual harassment (sections 399–401) only cover 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 requests the Government to amend section 40 of the Labour Code to remove any reference to the concept of a misuse of authority. It also requests the Government to provide information on any measures taken or envisaged to prevent sexual harassment in respect of employment and occupation, including through training for labour inspectors and awareness-raising campaigns for employers, workers and their respective organizations.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. Protection of workers against discrimination. Legislation. Public service. In its previous comment, the Committee emphasized that the provisions of the Act of 20 January 2013 issuing the General Public Service Regulations which prohibit discrimination do not cover all the grounds of discrimination set out in the Convention, including race, colour, national extraction and social origin, and that they only concern recruitment. The Committee therefore asked the Government to consider the possibility of amending section 45 of the General Public Service Regulations in order to ensure that public service staff are fully protected from discrimination. The Committee also recalls that in the private sector the Labour Code prohibits discrimination on the basis of sex, race, colour, religion, ethnic origin, political or philosophical opinion, social origin, legal status, national extraction, health status or disability (section 3). The Committee notes that the Government merely recalls the provisions of the regulations governing recruitment and indicates that it has noted the Committee’s comments. In this regard it also recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee therefore requests the Government once again to take the necessary steps to amend section 45 of the Act of 20 January 2013 issuing the General Public Service Regulations so that, in line with the Convention, public service staff are fully protected from discrimination, including discrimination based on race, colour, national extraction and social origin, 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 enjoyed by workers in the private sector, and to ensure that the prohibition of discrimination covers not only recruitment but also conditions of employment in the public service.
Sexual harassment. For ten years, the Committee has been emphasizing that section 40 of the Labour Code only covers quid pro quo sexual harassment, that it does not address hostile work environment sexual harassment and that it only covers sexual harassment committed by a person misusing a position of authority. The Committee notes the Government’s indication that it will take account of this concern “in the revision of the Labour Code”. The Committee also notes that the provisions of Act No. 2015-010 of 24 November 2015 issuing the new Penal Code that relate to sexual harassment (sections 399–401) also only cover quid pro quo sexual harassment, in other words harassment “aimed at obtaining favours of a sexual nature from another person against their will”. The Committee once again requests the Government to take the necessary steps to amend section 40 of the Labour Code so as to include a definition of both forms of sexual harassment, namely: quid pro quo sexual harassment; and sexual harassment resulting in an intimidating, hostile or humiliating work environment; explicitly prohibit such conduct; and remove any reference to the concept of misuse of authority. The Committee once again encourages the Government to take measures to prevent sexual harassment in respect of employment and occupation, including through training for labour inspectors and awareness-raising campaigns for employers, workers and their respective organizations.
Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee notes that, despite its request, the Government’s report does not contain any information on the measures taken to implement the National Policy on Gender Equity and Equality (PNEEG), which was adopted in 2011, or on its strategic policy measures for education, vocational training and guidance (diversification of training options), employment and occupation. The Committee also notes that a new National Policy on Gender Equity and Equality for 2019–23 and its five-year action plan have been in preparation since 2018. In addition, the Committee notes the statement made in March 2019 by the Minister for Social Action, Promotion of Women and Literacy that “Togo, in its vision to promote human inclusiveness in all areas, intends to guarantee by 2030 the full and effective participation of women in, and fully equal access to, positions of responsibility in political, economic and public life”. The Committee wishes to recalls that the implementation of a national equality policy provided for by Article 2 of the Convention presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. It also wishes to draw the Government’s attention to Article 3(f) of the Convention, which provides that each member State ratifying it must indicate “… the action taken in pursuance of the policy and the results secured by such action”. The Convention envisages the impact of the national equality policy being regularly assessed with a view to reviewing and adjusting existing measures and strategies on a continuing basis. Such continual monitoring, assessment and adjustment is required, not only of the measures in place to promote equality, but also of their impact on the situation of the protected groups and the incidence of discrimination (see 2012 General Survey on the fundamental Conventions, paragraphs 847–848). The Committee requests the Government to provide information on any evaluation undertaken of the PNEEG of 2011 (results achieved, obstacles encountered, etc.) and, in particular, its impact on women’s access to formal employment, especially in traditionally “male” sectors, and to positions of responsibility. The Committee requests the Government to provide more detailed information on the measures aiming specifically to promote equality between men and women in education, training, employment and occupation provided for as part of the new policy in this field. The Committee once again requests the Government to provide information on the activities of the ministry responsible for the promotion of women and those of the gender focus groups of ministerial departments in the area of employment.
Article 3(d). Employment of women in the public sector. For several years, the Committee has noted the low proportion of women in the public service, particularly in higher-level posts and in positions of responsibility. It notes that the Government states in its report that “efforts are being made in this respect” but that there is no indication of specific steps taken to this end or the results achieved. In this regard, the Committee notes that, according to the statistics on the proportion of women in positions of responsibility in the public administration, included in the fifth periodic report of Togo on the implementation of the International Covenant on Civil and Political Rights, women occupy only 402 out of 3,323 positions of responsibility (12 per cent) (CCPR/C/TGO/5, 17 January 2019, paragraph 52). The Committee once again requests the Government to take the necessary steps to train more women and encourage them to apply for a wider range of jobs in the public service, particularly higher-level posts and positions of responsibility. The Committee requests the Government to provide information on any measures taken in this respect and on the results achieved (statistics according to grades, studies, etc.). It also requests the Government to eliminate, at every stage of employment, the obstacles that they may face because they are women and in particular to combat negative stereotypes concerning the aspirations, preferences and capabilities of women and their role in society.
Article 2. Promotion of equality and combating discrimination on grounds other than sex. The Committee recalls that the surveys conducted as part of the PAMODEC study on discrimination which was completed in 2013 show that the most frequently cited grounds, apart from sex, for discrimination in employment are ethnicity and social origin, followed by political opinion. It asked the Government to provide information on the measures taken or envisaged to combat discrimination and promote equality in employment and occupation without any distinction on the basis of race, colour, national extraction, religion, political opinion or social origin. The Committee notes the Government’s indication that discriminatory practices at the time of recruitment against ethnic minorities are not accepted in Togo and that it reiterates the applicable provisions of the Labour Code and the General Public Service Regulations prohibiting discrimination. The Committee also notes that, according to the Government’s report, a consultation and advocacy project for equitable access to private and public employment was conducted from August 2014 to August 2015 as part of the Civil Society and National Reconciliation Support Project (PASCRENA). As regards discrimination on the basis of race, colour and national extraction, the Committee wishes to draw the Government’s attention to its general observation of 2018 on this subject, in which it emphasized the fact that forms of discrimination based on race, colour and national extraction often interact with other prohibited grounds of discrimination, including, for example, religion, social origin and sex, and drew governments’ attention to the need to take into consideration and address the effects of multiple forms of discrimination in employment and occupation. In this general observation the Committee also recalled that universal education, compulsory and free of charge to the same level for everyone, is one of the basic starting points for a national equality policy required under Articles 2 and 3 of the Convention to promote equality of opportunity and treatment in employment and occupation. It also underlined the efforts deployed in many countries to tackle discrimination and promote equality of opportunity and treatment, irrespective of race, colour and national extraction, by various concrete measures including: (i) targets and quotas in education, vocational training and employment; (ii) special employment promotion programmes; (iii) action plans targeting specific ethnic groups; and (iv) the establishment of specialized bodies with varying mandates, ranging from awareness-raising and promotional functions to dealing with discrimination complaints and formulating policy recommendations. The Committee requests the Government to provide information on the recommendations resulting from workshops in the context of the consultation and advocacy project for equitable access to employment in the public and private sectors, and on the related implementation and follow-up.
General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.
The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. The Committee recalls that it welcomed the adoption in July 2012 of the new Personal and Family Code, which repealed a number of provisions that were discriminatory towards women. However, the Committee stressed the fact that some discriminatory provisions remained, including those connected with the status of “head of the family” (benefiting the husband) and asked the Government to take the necessary steps to repeal them. The Committee recalls that in practice the concept of “head of the family” to the benefit of the husband has the effect of perpetuating negative stereotypes regarding the role of women in the family and, more generally, in society, which tends to perpetuate and reinforce inequalities in vocational guidance and training and in employment. The Committee notes with satisfaction the adoption of Act No. 2014-019 of 17 November 2014, which has amended the Personal and Family Code and, in particular, abolished the status of “head of the family” by making both spouses jointly responsible for the family (new section 99) and abolished discriminatory provisions towards women with regard to inheritance. Noting that there have been plans since December 2018 for the Ministry of Social Action, Promotion of Women and Literacy to organize meetings to publicize the new Personal and Family Code, the Committee requests the Government to provide information on any specific activities undertaken to raise awareness of its provisions and on its application in practice. The Committee also requests the Government to take steps to combat sexist stereotypes regarding the aspirations, preferences and occupational capabilities of women and their role in the family and society in general.
The Committee is raising other points in a request addressed directly to the Government.

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

Article 1 of the Convention. Protection of workers against discrimination. Legislation. Public service. The Committee notes the adoption of the Act of 20 January 2013 on the General Conditions of Service of the Public Service, under which “there shall be no discrimination among job applicants on the basis of their sex, physical disability, ethnicity, political, philosophical or religious opinions” (section 45). While welcoming the inclusion of these provisions in the General Conditions of Service of the Public Service, the Committee notes that they do not cover all the grounds of discrimination set out in the Convention, including race, colour, national extraction and social origin, and that they only concern recruitment. The Committee recalls that, with respect to the private sector, the Labour Code defines discrimination and prohibits any direct or indirect discrimination in employment or occupation on the basis of sex, race, colour, religion, ethnic origin, political or philosophical opinion, social origin, legal status, national extraction, health status or disability (section 3). The Committee also recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include, at a minimum, all the grounds for discrimination set out in Article 1(1)(a) of the Convention and cover access to vocational training, access to employment and to particular occupations, and terms and conditions of employment (Article 1(3)). The Committee requests the Government to envisage the possibility of amending section 45 of the General Conditions of Service of the Public Service with a view to ensuring that public service personnel are fully protected from discrimination, including discrimination based on race, colour, national extraction and social origin, in every aspect of their employment.
Discrimination on the basis of sex. The Committee recalls that the Personal and Family Code of 1980 contained discriminatory provisions against women, particularly in relation to the notion of the “head of the family”. The Committee welcomes the adoption in July 2012 of the new Personal and Family Code, which repeals a number of discriminatory provisions against women with regard to, inter alia, choice of residence (section 102), the free exercise of an occupation, to which either spouse (not just the husband) may now object (section 107), and joint management of shared assets (section 372). The Committee nevertheless observes that the notion of the “head of the family” (in most cases the husband, who is primarily responsible for household expenses) still appears in the new Code (section 99). This notion has legal consequences, particularly in civil and fiscal matters and, in practice, has the effect of perpetuating stereotypes surrounding the role of women in the family and, more generally, in society, which tends to perpetuate and reinforce inequalities in training and employment. In this regard, the Committee refers to the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women, expressing concern at certain provisions of the Personal and Family Code of 2012 (CEDAW/C/TGO/CO/6-7, 8 November 2012, paragraphs 40 and 41). Moreover, the Committee notes that the Government acknowledges that, despite the existence of legislative provisions, discrimination against girls and women still exists in practice, for example, in traditional practices such as dowries, early marriages, forced marriages and even the placement of young girls in traditional convents for extended periods. The Committee requests the Government to take the necessary measures to repeal the discriminatory provisions against women in the Personal and Family Code and to carry out information and awareness-raising activities with a view to eliminating the practices referred to by the Government in its report, as well as the sexist stereotypes surrounding, inter alia, the role of women in the family and in society and their occupational aspirations, preferences and skills. Please provide information on any measures taken in this regard.
Sexual harassment. The Committee recalls that, for several years, it has been emphasizing that section 40 of the Labour Code only covers, quid pro quo, sexual harassment and does not address sexual harassment due to a hostile working environment. It also notes that section 40 only covers sexual harassment committed by a person in a position of authority. In the absence of a reply from the Government in this regard, the Committee once again asks the Government to take the necessary measures to amend section 40 of the Labour Code of 2006 so that it includes an explicit prohibition of hostile environment sexual harassment. The Committee once again encourages the Government to take measures to prevent sexual harassment in respect of employment and occupation, including through awareness-raising campaigns for employers, workers and their organizations. Please provide information on any sexual harassment cases dealt with by the labour inspectorate or the courts.
Articles 2 and 3. Equality of opportunity and treatment between men and women. In its previous comments, the Committee emphasized the measures taken by the Government to promote equality between men and women, such as the adoption of the National Policy on Gender Equity and Equality (PNEEG) of 2011. The Government indicates that this Policy and the Strategy for Boosting Growth and Promoting Employment (SCAPE) 2013–17 contain strategic policy measures aimed at improving women’s productivity through capacity building and the development of women entrepreneurs, as well as women’s access to production support services and social services. The Committee requests the Government to provide specific information on the concrete measures taken to implement the PNEEG and its strategic policy measures on education, vocational training and vocational guidance (diversification of the supply of training), employment and occupation, and services that allow workers with family responsibilities to balance these responsibilities with work. The Committee also requests the Government to describe the impact of these measures on women’s employment. Please describe the activities of the ministry responsible for the promotion of women and those of the gender focus groups of ministerial departments.
Article 3(d). Employment of women in the public sector. For several years, the Committee has noted the low proportion of women in the public service, particularly in higher-level posts and in positions of responsibility. It notes in this regard that, according to the data in the study on discrimination that was conducted in 2013 under the Programme to Support the Implementation of the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC), in February 2013, only 10.87 per cent of those in category A1 posts and 17.86 per cent of those in category A2 posts were women. The data also shows that women are highly under-represented in positions of responsibility in certain institutions (the Government, National Assembly, Constitutional Court, prefectures, etc.). The Committee requests the Government to take the necessary measures to promote women’s access to a wider range of jobs in the public service, particularly in higher-level posts and in positions of responsibility, and to take measures to eliminate, at every stage of employment, the obstacles that they may face because they are women.
Article 2. Promotion of equality and combating discrimination on grounds other than sex. The Committee notes that the surveys conducted as part of the PAMODEC study on discrimination show that, apart from sex, the most frequently cited grounds for discrimination in employment are ethnicity and social origin, followed by political opinion. While recalling that the Labour Code expressly prohibits discrimination on these grounds, the Committee requests the Government to provide information on the measures taken or envisaged to combat discrimination and to promote equality in employment and occupation, irrespective of race, colour, national extraction, religion, political opinion and social origin, in cooperation with employers’ and workers’ organizations. It asks the Government, in particular, to provide more information on the specific measures taken or envisaged to eliminate discriminatory hiring practices in the private sector with regard to ethnic minorities.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Prohibition of discrimination in employment and occupation. The Committee notes that in response to its previous comments, the Government confirms that the prohibition of direct and indirect discrimination based on sex, race, colour, religion, ethnic belonging, political and philosophical opinion, social origin, legal status, national extraction, health status or disability (section 3 of the Labour Code) covers terms and conditions of employment, as well as access to vocational training. Noting that no information is available on measures taken by employers to prevent discrimination in the workplace, in accordance with section 42 of the Code, the Committee asks the Government to take the necessary measures in order to collect and provide such information once it is made available.
Article 1(1)(a). Discrimination on the basis of sex. The Committee recalls that the Personal and Family Code contains discriminatory provisions with regard to women, including through the notion of the “head of the family”, and that the Government has been indicating for many years that the Code would be revised. The Committee notes the Government’s indication that the committee responsible for the revision of the Personal and Family Code has completed its work, and that the draft revised Code will be submitted to the Parliament once it has been adopted by the Government. The Committee also notes that the Human Rights Committee has expressed concern at the remaining discriminatory laws in force and asked Togo to amend any provision of the Personal and Family Code that perpetuates inequality between men and women, such as the stipulation that the man is the “head of the family” (CCPR/C/TGO/CO/4, 18 April 2011, paragraph 12). The Committee asks the Government to adopt the revised Personal and Family Code in the near future, and to ensure that as a result it no longer contains discriminatory provisions with regard to women. The Committee asks the Government to provide information on the progress made in this regard, and to forward a copy of the revised Code.
Sexual harassment. In its previous comments, the Committee noted that section 40 of the Labour Code did not cover hostile working environment sexual harassment. The Committee notes that, according to the Government, this form of sexual harassment is included in the expression: “employer, representative of employer or other person … that imposed constraints or imposed pressure of any other nature”, included in section 40. The Government indicates however that it will take into account the Committee’s comments in any future revision of the Labour Code. The Committee wishes to recall that sexual harassment due to a hostile working environment arises from conduct that has the effect of creating an intimidating, hostile or humiliating working environment for a person (general observation, 2002), which does not seem to be fully covered by the wording of section 40. The Committee, therefore, once again asks the Government to take the necessary measures in order to amend section 40 of the Labour Code of 2006 in order to include an explicit prohibition of hostile environment sexual harassment. The Committee encourages the Government to take measures to prevent sexual harassment in employment and occupation, including through awareness raising activities for employers, workers and their organizations. Please provide information on any sexual harassment cases dealt with by the labour inspectorate or the courts.
Articles 2 and 3. Equality of treatment and opportunity between men and women. The Committee welcomes the measures taken by the Government to promote equality between men and women, including the adoption of the national policy on gender equity and equality (PNEEG), the creation of a specific ministry in charge of the promotion of women, the creation of gender focal points in ministerial departments, the carrying out of a study on gender inequalities and the elaboration of a national strategy on gender integration as well as measures taken to increase women’s participation in the political and decision-making process. The Government also indicates that awareness raising activities and training are carried out by public institutions and non-governmental organizations. The Committee asks the Government to provide information on the following points:
  • (i) the implementation of the national policy on gender equity and equality;
  • (ii) the results of the study carried out on gender inequalities and the measures taken or envisaged to follow-up on the study; and
  • (iii) the activities organized by the Ministry of Social Affairs and the Promotion of Women and by gender focal points in ministerial departments.
Articles 2 and 3(e). Access of women to vocational training and education. The Committee notes the measures taken by the Government to promote girls’ access to education, including through waiving enrolment fees in pre-school and primary public schools; reducing enrolment fees in secondary public schools; providing scholarships and awards for excellence; eliminating sexist stereotypes in texts of school books at the elementary level; applying parity in recruitment and launching a programme on basic education and gender equity. Noting the Government’s indication that information on the number of women who benefitted from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise is not available, the Committee hopes that the Government will be able to provide this information in its next report. The Committee also asks the Government to indicate measures taken to encourage girls to study in fields traditionally dominated by men. The Committee also asks the Government to provide information on the implementation of measures to promote girls’ access to education, and the results achieved.
Article 3(d). Employment of women in the public sector. In its previous comments, the Committee noted that women were underrepresented in the public service, in particular in levels A1 and A2 and in decision-making posts, and asked the Government to provide information on measures taken to promote women’s employment in the public sector. Noting that the Government’s report does not contain the information requested, the Committee asks the Government take measures in order to promote upward mobility of women and their access to a wider variety of jobs in the public sector, including in higher level posts and in decision-making posts in the public service, and to provide information in this regard.
Article 3(b). Educational programmes. The Committee once again asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to raise awareness of the principles of the Convention, including with regard to the grounds enumerated in Article 1(1)(a).
Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee notes that the Government states it is aware of the existence of persistent discriminatory practices in the workplace, including based on disability, sex, political or religious opinion, union affiliation, and health situation (in particular related to HIV/AIDS status), despite the legal framework prohibiting all forms of discriminatory practices in employment and occupation. It also notes that, through tripartite social dialogue, the Government has agreed to undertake a study with the aim of assessing and better understanding the manifestations and practices of discrimination in the workplace. The Government indicates that a request has been sent to the ILO in this regard, in the context of the programme to develop projects to support the implementation of the Declaration on Fundamental Principles and Rights at Work (PAMODEC). Noting that the Government has requested technical assistance from the ILO, the Committee hopes that the Government will benefit from this assistance and be able to undertake the study on the various manifestations and practices of discrimination in the country, and asks the Government to provide information on any progress made in this regard. Moreover, the Committee asks once again the Government to provide information on any measures taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring.

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:

Article 1(1)(a) and (b) and (3) of the Convention. Prohibition of discrimination in employment and occupation. The Committee notes that section 3 of the Labour Code 2006 prohibits all direct and indirect discrimination in employment and occupation based on sex, race, colour, religion, ethnic belonging, political and philosophical opinion, social origin, legal status, national extraction, health status or disability. It also notes that section 39 of the new Code specifically prohibits discrimination on the basis of origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief, health status and disability with respect to recruitment, disciplinary sanctions or dismissal. Section 42 requires company managers to take the necessary measures to prevent acts committed in violation of sections 39 and 40 (sexual harassment) of the Labour Act. The Committee asks the Government to confirm that the protection against discrimination in section 3 of the Labour Code 2006 also covers discrimination with respect to terms and conditions of employment, as well as access to vocational training. It also asks the Government to provide information on the measures taken by employers to prevent discrimination in the workplace in accordance with section 42 of the Code.

Article 1(1)(a). Sexual harassment. The Committee notes that section 40 of the new Labour Code 2006 prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee notes that section 40 only provides limited protection against sexual harassment as it still does not include sexual harassment due to a hostile working environment. The Committee refers the Government to its general observation of 2002 and asks the Government to take the necessary measures to amend section 40 of the Labour Code 2006 so as to also provide protection against sexual harassment due to a hostile working environment. The Government is also requested to provide copies of the action plans for the protection and promotion of women, which include protection against sexual harassment, as well as information on the results achieved in the effective prevention of, and protection against, sexual harassment in the workplace.

Discrimination on the basis of sex. The Committee recalls the Government’s previous statement that the new draft of the Family Code would improve the status of women and aims to make the national legislation compatible with the provisions of the Convention. The Committee asks the Government to provide information on the progress made with respect to the adoption of the Family Code.

The Committee hopes that a report will be supplied for examination at its next session and that it will contain full information on the matters above, as well as the matters raised in its previous direct request, which read, in relevant parts, as follows:

…

        Articles 2 and 3(e). Equality of treatment. Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the action taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

        Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also represent only about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership. It asks the Government to provide information on how these have helped women to move into higher level posts, including in the education sector. Noting with some concern that the 1996–2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

        Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

        Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.

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

The Committee notes with regret that the Government’s report has not been received. However, it notes that a new Labour Code was adopted in 2006.

Article 1, paragraph 1(a) and (b) and paragraph 3, of the Convention. Prohibition of discrimination in employment and occupation. The Committee notes with interest that section 3 of the Labour Code 2006 prohibits all direct and indirect discrimination in employment and occupation based on sex, race, colour, religion, ethnic belonging, political and philosophical opinion, social origin, legal status, national extraction, health status or disability. It also notes that section 39 of the new Code specifically prohibits discrimination on the basis of origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief, health status and disability with respect to recruitment, disciplinary sanctions or dismissal. Section 42 requires company managers to take the necessary measures to prevent acts committed in violation of sections 39 and 40 (sexual harassment) of the Labour Act. The Committee asks the Government to confirm that the protection against discrimination in section 3 of the Labour Code 2006 also covers discrimination with respect to terms and conditions of employment, as well as access to vocational training. It also asks the Government to provide information on the measures taken by employers to prevent discrimination in the workplace in accordance with section 42 of the Code.

Article 1, paragraph 1(a). Sexual harassment. The Committee notes that section 40 of the new Labour Code 2006 prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee notes that section 40 only provides limited protection against sexual harassment as it still does not include sexual harassment due to a hostile working environment. The Committee refers the Government to its general observation of 2002 and asks the Government to take the necessary measures to amend section 40 of the Labour Code 2006 so as to also provide protection against sexual harassment due to a hostile working environment. The Government is also requested to provide copies of the action plans for the protection and promotion of women, which include protection against sexual harassment, as well as information on the results achieved in the effective prevention of, and protection against, sexual harassment in the workplace.

Discrimination on the basis of sex. The Committee recalls the Government’s previous statement that the new draft of the Family Code would improve the status of women and aims to make the national legislation compatible with the provisions of the Convention. The Committee asks the Government to provide information on the progress made with respect to the adoption of the Family Code.

The Committee hopes that a report will be supplied for examination at its next session and that it will contain full information on the matters above, as well as the matters raised in its previous direct request, which read, in relevant parts, as follows:

…

Articles 2 and 3(e). Equality of treatment. Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the action taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also represent only about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership. It asks the Government to provide information on how these have helped women to move into higher level posts, including in the education sector. Noting with some concern that the 1996–2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.

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(1)(a) of the Convention. Sexual harassment. The Committee notes that section 63 of the draft Labour Code prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee welcomes this provision but notes that section 63 does not include sexual harassment due to a hostile working environment. The Committee hopes that the Government will take the opportunity to insert such provisions in the draft Labour Code. Noting further from the Government’s report that the action plans for the protection and promotion of women include the issue of sexual harassment, the Government is asked to provide copies of the plans and information on the results achieved as to the effective protection of sexual harassment in the workplace.

2. Article 1(1)(a) and (3). Prohibition of discrimination in employment and occupation. The Committee notes that section 3 of the draft Labour Code prohibits all discrimination in employment and occupation. It also notes that draft section 62 prohibits discrimination on the basis of “origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief” only with respect to recruitment, disciplinary sanctions or dismissal and that section 67 protects against discrimination in dismissal on the basis of all the Convention’s grounds. The Committee asks the Government to indicate how protection will be afforded against discrimination outside recruitment and dismissal practices and disciplinary sanctions, such as in conditions of employment. Noting also that sections 62, 63 and 67 of the draft Labour Code only apply to workers with a permanent contract, the Committee asks the Government to indicate how workers with temporary contracts will be protected against sexual harassment and discrimination in recruitment and dismissal. It also hopes that the Government will use the ongoing revision of the Labour Code as an opportunity to bring its legislation into full conformity with the requirements of the Convention.

3. Discrimination on the basis of sex. The Committee notes with interest the Government’s statement that the new draft of the Family Code improves the status of women and aims to make the national legislation compatible with the provisions of the Convention. It asks the Government to provide a copy of the Code, once adopted.

4. Articles 2 and 3(e). Equality of treatment – Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the action taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

5. Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also represent only about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership. It asks the Government to provide information on how these have helped women to move into higher level posts, including in the education sector. Noting with some concern that the 1996–2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

6. Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

7. Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.

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

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(1)(a) of the Convention. Sexual harassment. The Committee notes that section 63 of the draft Labour Code prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee welcomes this provision but notes that section 63 does not include sexual harassment due to a hostile working environment. The Committee hopes that the Government will take the opportunity to insert such provisions in the draft Labour Code. Noting further from the Government’s report that the action plans for the protection and promotion of women include the issue of sexual harassment, the Government is asked to provide copies of the plans and information on the results achieved as to the effective protection of sexual harassment in the workplace.

2. Article 1(1)(a) and (3). Prohibition of discrimination in employment and occupation. The Committee notes that section 3 of the draft Labour Code prohibits all discrimination in employment and occupation. It also notes that draft section 62 prohibits discrimination on the basis of “origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief” only with respect to recruitment, disciplinary sanctions or dismissal and that section 67 protects against discrimination in dismissal on the basis of all the Convention’s grounds. The Committee asks the Government to indicate how protection will be afforded against discrimination outside recruitment and dismissal practices and disciplinary sanctions, such as in conditions of employment. Noting also that sections 62, 63 and 67 of the draft Labour Code only apply to workers with a permanent contract, the Committee asks the Government to indicate how workers with temporary contracts will be protected against sexual harassment and discrimination in recruitment and dismissal. It also hopes that the Government will use the ongoing revision of the Labour Code as an opportunity to bring its legislation into full conformity with the requirements of the Convention.

3. Discrimination on the basis of sex. The Committee notes with interest the Government’s statement that the new draft of the Family Code improves the status of women and aims to make the national legislation compatible with the provisions of the Convention. It asks the Government to provide a copy of the Code, once adopted.

4. Articles 2 and 3(e). Equality of treatment – Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the action taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

5. Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also represent only about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership. It asks the Government to provide information on how these have helped women to move into higher level posts, including in the education sector. Noting with some concern that the 1996–2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

6. Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

7. Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.

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

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(1)(a) of the Convention. Sexual harassment. The Committee notes that section 63 of the draft Labour Code prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee welcomes this provision but notes that section 63 does not include sexual harassment due to a hostile working environment. The Committee hopes that the Government will take the opportunity to insert such provisions in the draft Labour Code. Noting further from the Government’s report that the action plans for the protection and promotion of women include the issue of sexual harassment, the Government is asked to provide copies of the plans and information on the results achieved as to the effective protection of sexual harassment in the workplace.

2. Article 1(1)(a) and (3). Prohibition of discrimination in employment and occupation. The Committee notes that section 3 of the draft Labour Code prohibits all discrimination in employment and occupation. It also notes that draft section 62 prohibits discrimination on the basis of “origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief” only with respect to recruitment, disciplinary sanctions or dismissal and that section 67 protects against discrimination in dismissal on the basis of all the Convention’s grounds. The Committee asks the Government to indicate how protection will be afforded against discrimination outside recruitment and dismissal practices and disciplinary sanctions, such as in conditions of employment. Noting also that sections 62, 63 and 67 of the draft Labour Code only apply to workers with a permanent contract, the Committee asks the Government to indicate how workers with temporary contracts will be protected against sexual harassment and discrimination in recruitment and dismissal. It also hopes that the Government will use the ongoing revision of the Labour Code as an opportunity to bring its legislation into full conformity with the requirements of the Convention.

3. Discrimination on the basis of sex. The Committee notes with interest the Government’s statement that the new draft of the Family Code improves the status of women and aims to make the national legislation compatible with the provisions of the Convention. It asks the Government to provide a copy of the Code, once adopted.

4. Articles 2 and 3(e). Equality of treatment – Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the action taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

5. Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also represent only about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership. It asks the Government to provide information on how these have helped women to move into higher-level posts, including in the education sector. Noting with some concern that the 1996-2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

6. Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

7. Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.

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

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that section 63 of the draft Labour Code prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee welcomes this provision but notes that section 63 does not include sexual harassment due to a hostile working environment. The Committee hopes that the Government will take the opportunity to insert such provisions in the draft Labour Code. Noting further from the Government’s report that the action plans for the protection and promotion of women include the issue of sexual harassment, the Government is asked to provide copies of the plans and information on the results achieved as to the effective protection of sexual harassment in the workplace.

2. Article 1(1)(a) and (3). Prohibition of discrimination in employment and occupation. The Committee notes that section 3 of the draft Labour Code prohibits all discrimination in employment and occupation. It also notes that draft section 62 prohibits discrimination on the basis of "origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief" only with respect to recruitment, disciplinary sanctions or dismissal and that section 67 protects against discrimination in dismissal on the basis of all the Convention’s grounds. The Committee asks the Government to indicate how protection will be afforded against discrimination outside recruitment and dismissal practices and disciplinary sanctions, such as in conditions of employment. Noting also that sections 62, 63 and 67 of the draft Labour Code only apply to workers with a permanent contract, the Committee asks the Government to indicate how workers with temporary contracts will be protected against sexual harassment and discrimination in recruitment and dismissal. It also hopes that the Government will use the ongoing revision of the Labour Code as an opportunity to bring its legislation into full conformity with the requirements of the Convention.

3. Discrimination on the basis of sex. The Committee notes with interest the Government’s statement that the new draft of the Family Code improves the status of women and aims to make the national legislation compatible with the provisions of the Convention. It asks the Government to provide a copy of the Code, once adopted.

4. Articles 2 and 3(e). Equality of treatment - Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the actions taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

5. Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also only represent about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership and asks the Government to provide information on how these have helped women to move into higher-level posts, including in the education sector. Noting with some concern that the 1996-2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

6. Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

7. Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

1. The Committee notes the observations by the Committee on Economic, Social and Cultural Rights (CESCR) of 21 May 2001 (E/C.12/1/Add.61) expressing concern at women’s status in Togolese society. This committee observes that, although the Constitution states that all are equal before the law, women continue to suffer widespread discrimination with regard to the right to education, social security, protection of the family and practices deriving from traditional law.

2. With reference to its previous comments, the Committee recalls that the Government devised and implemented a number of programmes for the advancement of women by measures which include promoting access for girls and young women to education at all levels and to technical training. The Committee again asks the Government to supply precise information on specific measures under way or envisaged to counter obstacles of a social nature to the promotion of equality in practice, such as parental reticence to the education of girls, particularly in rural areas, or prejudice preventing the access of women to certain jobs.

3. The Committee further stresses the need to obtain reliable statistical data on the school attendance rate of girls and on the number of women in jobs in the private sector and the public sector. The Committee points out that where inequality of opportunity in employment and education is overlooked because it is inadequately reported and reflected in statistics, effective application of the Convention is negatively affected.

4. The Committee notes that the Government intends to send with future reports the studies conducted under the 1996-2005 Action Plan for the Advancement of Women and to report on progress in this area. It takes note of the information concerning the drafting of a new Labour Code and asks the Government to report on progress made with the draft and in prohibiting discrimination in employment and occupation.

5. The Committee notes from the report of the CESCR the persistence of systematic discrimination between the various ethnic minorities living in Togo which is evident in private sector hiring practices, inter alia. The Committee accordingly asks the Government to provide information on any measures taken or envisaged to eliminate such discriminatory practices, which constitute another obstacle to the application of the Convention.

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

The Committee notes the information contained in the Government's report, and also the documents annexed thereto.

1. The Committee notes, in particular, from the report entitled "The Situation of Women in UEMOA Member Countries" of the General Directorate for the Promotion of Women, that the Government has elaborated and implemented a certain number of programmes for the promotion of women, including measures to encourage the access of girls to education (such as the reductions in expenses related to schooling for girls established under Inter-Ministerial Order No. 123/MENR/MFP) and of young women to education at all levels, as well as to technical training. The Committee expresses the hope that the Government will continue its promotion efforts and also collect statistical information of the type included in the report mentioned above, and keep it informed thereon. It further hopes that the Government will supply information regarding specific measures undertaken or envisaged to counter obstacles of a social nature to the promotion of equality in practice, such as parental reticence regarding the education of girls, especially prevalent in rural areas, or prejudices preventing the access of women to certain jobs. In particular, the Committee would like to know whether there are programmes to increase public awareness of the utility and need to achieve this equality.

2. The Committee also repeats the request for information it expressed in its previous direct request, regarding the first activities undertaken as part of the 1996-2005 action plan for the promotion of women, any additional studies which may have been carried out and progress already achieved under the plan.

3. The Committee notes that a new Labour Code is in preparation and that the draft contains the prohibition of all discrimination in respect of employment and occupation. It asks the Government to keep it informed on the development of this draft, and recalls that the Government may, if it so desires, request advice and comments on the conformity of any draft legislation which it is on the point of adopting with the Conventions that it has ratified.

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

The Committee regrets that the Government's very brief report merely states that the statistics requested by the Committee in its previous comment will be sent as soon as available, and does not reply fully to the outstanding comment beyond referring to the attached copy of the National Report submitted in Beijing, 1995.

1. With reference to the participation of women in employment, in particular in the public sector, the Committee notes that, according to the National Report, a high proportion of female employment in the public service relates to office workers, teachers and public health officials, and that despite their abilities and enthusiasm, Togolese women still do not occupy their rightful place in the country's political and management authorities. From an analysis of the tables submitted, the Report concludes that great efforts are still required if women are to be truly integrated into the country's development process at the level of decision-making. The Committee asks the Government to provide, in its future reports, information on the programmes in force or envisaged to compensate for the insufficient participation of women in the country's decision-making authorities.

2. As regards the employment of women in the private sector, the National Report includes an analysis of the employment structures by sex and branch of activity and, on the basis of the statistics for 1981 projected for 1993 (the only reliable source available), indicates the following: in 1981, 29.2 per cent of all workers in the primary sector were women compared to 27 per cent in 1993; in 1981, 2.9 per cent of all workers in the secondary sector were women compared to 3 per cent in 1993; and in 1981, 11.6 per cent of all workers in the tertiary sector were women compared to 14 per cent in 1993. Furthermore, the Report indicates that a 1996-2005 action plan for the promotion of women has been drawn up. The plan is based on the following objectives: the strengthening of the capacity of participation structures for the integration of women in development (IFD), in particular the Directorate General for the Promotion of Women; the improvement of legal status for women and the effective application of all their rights; improved access for girls to education; improved sanitary and nutritional conditions for women; and the promotion of appropriate technologies and income-generating activities for women. According to the Government, if the plan is to be implemented, considerable financial and human resources will be necessary together with a great deal of commitment and political will. However, it is still difficult to provide systematic details of all the activities which need to be conducted, something which will only be possible in the light of the initial activities implemented and certain additional studies which will be considered useful.

3. As regards training for women and girls, the Report submitted in Beijing indicates that in relation to access to education for girls and literacy for women, problems exist which are linked, in particular, to the low rate of school attendance for girls compared with boys, the large number of girls who repeat school years or abandon their studies, the absence or low level of representation of girls in certain educational disciplines such as the industrial (1 per cent), accounting (19 per cent), commerce (23 per cent) and management (16 per cent) sectors, and the high rate of illiteracy among women. The report explains these problems, which persist despite the State education policy based on equitable access for both sexes to training, in terms of the following factors: early motherhood for girls; reluctance of parents to send their daughters to school, particularly in rural areas; insufficient investment by the State and by families in education especially for girls; an excessive number of daily activities for women; and the reluctance of men to accept that women are able to read and write.

4. The Committee asks the Government to send, in its next report, information on the measures currently implemented or envisaged as part of the above-mentioned action plan for the promotion of women. In particular, it would like to receive information on the progress already made under this plan for the purposes of applying the Convention in the areas of training and access to employment not deemed to be "typically female".

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

The Committee takes note of the information supplied in the Government's brief report.

1. The Committee notes that, according to the report, women working in the public service comprise 20.842 per cent of the total workforce. So as to enable it to assess developments in the situation regarding women's access to employment, particularly public employment, the Committee asks the Government once again to supply detailed statistics on the distribution of men and women in the various posts in the public service and at the different levels of responsibility in its next report.

2. The Committee notes that, according to the report, the statistics requested in previous direct requests on the training and employment opportunities of women, particularly in the private sector, will be supplied when they are available. While awaiting the transmission of these statistics, it would appreciate receiving a copy of any report on the condition of Togolese women that might have been submitted to the Fourth World Conference on Women, held in Beijing in September 1995.

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

1. The Committee notes that the Government repeats its previous statement concerning the absence of discrimination of any form and difficulties of any kind in applying the Convention. It draws the Government's attention to paragraph 240 of its 1988 General Survey on equality in employment and occupation in which it stresses that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or is fully applied, especially when no other details are given on the contents and methods of implementing the national policy on equality of opportunity and treatment in employment and occupation. The Committee therefore asks the Government - as it has been doing in its direct requests for some years - to provide detailed information on the affirmative measures taken or envisaged in practice to facilitate and encourage the access of women and disadvantaged ethnic groups to training (particularly professional and university training) and employment in all sectors of activity and occupations and at all levels of responsibility. Please refer in this connection to paragraphs 166 to 169 of the Committee's General Survey, mentioned above, in which it specifies the concept and content of affirmative action or action to correct de facto inequalities in training and employment and to promote equal opportunity and treatment for certain groups of society which suffer from discrimination, particularly women and disadvantaged ethnic groups.

2. The Committee notes that the general statistics in the report concerning the distribution of men and women concern only six ministries and not the whole of the public administration and public enterprises, as the Committee has been requesting for several years. It must therefore repeat its request for detailed and complete statistics on the staff of the whole public administration and all public enterprises, with an indication of the percentage of men and women at different levels of responsibility, together with information on the measures taken or envisaged to facilitate women's access particularly to the different jobs in the public sector, including those traditionally reserved for men and management posts.

3. With regard to the Government's previous indication concerning the computerization of the management of employment as the only means of obtaining the statistical data requested, and its statement in the latest report that such information is not yet available, the Committee hopes that in its future reports the Government will be able to provide statistics, disaggregated by sex, concerning access to training and the various jobs and occupations, particularly the data collected and published periodically by the Minister of Labour, the Ministry of National Education, the General Directorate for the Status of Women and other relevant institutions.

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

1. With reference to its previous comments on the insertion in the national legislation of "race" among the prohibited grounds of discrimination, the Committee notes with satisfaction that the 1980 Constitution (which did not mention "race") has been amended and replaced by the Constitution adopted by referendum on 27 September 1992 and promulgated on 14 October 1992, which ensures, in articles 2 and 11, equality before the law of all citizens and all human beings without any distinction in particular as regards extraction, race, sex, religion and political opinion, in accordance with Article 1, paragraph 1(a), of the Convention.

2. The Committee is addressing a request directly to the Government in which it raises other points.

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

The Committee notes the information supplied by the Government in its report in reply to its previous direct request.

1. The Committee notes the Government's statement that the Togolese administration currently employs 34,246 public servants, of which 7,243 are women. It would be grateful if the Government would supply more detailed statistics in future reports on the numbers employed by the public administration and public enterprises, with an indication of the distribution of men and women at the different levels, and information on the measures that have been taken or are envisaged to facilitate the access of women, particularly to the various jobs in the public sector, including those traditionally reserved for men.

2. The Committee notes that the report contains no reply to the other points made in its previous comments and hopes that the Government will be able to supply the necessary information in its next report on the following points:

(a) the Committee notes the Government's statement that race is implicitly included among the grounds of discrimination enumerated in national regulations. The Committee once again hopes that the Government will take the appropriate measures, in accordance with Article 1, paragraph 1(a), of the Convention, to include "race" among the grounds of discrimination set out explicitly in the national legislation in a forthcoming revision of the legislation;

(b) the Government indicates that the computerization of the management of the employment services, which is the only means of obtaining the information that is requested, is currently under way. The Committee therefore hopes that the Government will be able to supply in its next report the information requested on the activities of the ministries and departments concerned with: (a) access to vocational training; (b) access to employment and the various occupations; and (c) conditions of work (in accordance with Articles 2 and 3), and statistics by sex concerning access to training and to the various jobs and occupations.

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

1. With reference to its previous comments, the Committee notes the information supplied by the Government in its report. The Committee notes the Government's statement that race is implicitly included among the grounds of discrimination enumerated in national regulations. The Committee once again hopes that the Government will take the appropriate measures, in accordance with Article 1(a) of the Convention, to include "race" among the grounds of discrimination set out explicitly in the national legislation in a forthcoming revision of the legislation.

2. The Government indicates that the computerisation of the management of the employment services, which is the only means of obtaining the information that is requested, is currently under way. The Committee therefore hopes that the Government will be able to supply in its next report the information requested on the activities of the ministries and departments concerned with: (a) access to vocational training; (b) access to employment and the various occupations; and (c) conditions of work (in accordance with Articles 2 and 3) and statistics by sex concerning access to training and to the various jobs and occupations.

3. As regards the activities of the Directorate for the Advancement of Women, the Government indicates that there are 625 centres in the country for the literacy of women, with 14,398 instructors, and that women in the rural environment are trained in particular in dyeing, pottery, the smoking of fish, weaving, market gardening and the manufacture of soap. The Committee requests the Government to continue supplying information on the progress achieved in this respect.

4. The Committee notes the Government's statement that, in practice, there are no exceptions with respect to the physical conditions or specific limitations as regards the application without distinction between the sexes of the General Conditions of Service for Public Servants (section 4 of Ordinance No. 1 of 4 January 1968). The Committee once again requests the Government to indicate in its next report the number of women employed in the public administration (including those occupying posts of responsibility) and their percentage in relation to that of men.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in reply to its previous comments.

1. In its comments, the Committee noted that neither the national Constitution nor the labour regulations mention "race" among the grounds of discrimination and it requested the Government to indicate the appeal channels that are available in the event of the non-observance of rights to equality of opportunity and treatment in employment on grounds of race. The Government states in reply that any victim of the non-observance of rights to equality of opportunity may bring a complaint to the labour inspection services or the labour tribunal. The Committee notes this statement and requests the Government to supply copies of judicial decisions that have been handed down in such cases and it also hopes that "race" will be included among the grounds of discrimination set out in the national regulations in a forthcoming revision of these regulations, in accordance with Article 1(a) of the Convention.

2. The Committee also requested the Government to supply detailed information on any positive measure taken in practice to promote effective equality of opportunity and treatment as regards: (a) access to vocational training, (b) access to employment and to particular occupations, and (c) terms and conditions of employment (in accordance with Articles 2 and 3). The Government indicates in this connection that there is no discrimination in the above areas and that in the employment services the preselection of workers for jobs is not subject to any discriminatory condition. The basis upon which these services put forward candidates is related especially to vocational skills, working conditions and age. The Committee notes this information and requests the Government to supply information in its next report on the activities of the employment services in the above fields and to provide statistics broken down by sex concerning access to training and to particular jobs and occupations.

3. The Committee also notes with interest that the Directorate-General for the Advancement of Women deals mainly with improving the literacy of women and girls in the rural environment and that it also runs community development micro-projects in which women are involved. The Committee would be grateful to be provided with more detailed information on the activities of this Directorate and, in particular, on the results achieved in the fields of the training and employment of women and girls in the rural environment. The Committee hopes that it will be possible to supply appropriate statistics on this subject.

4. The Committee also notes the information concerning the recruitment procedure in training schools (by competition), and the functions of the new Ministry of Technical Education and Vocational Training. The Committee requests the Government to provide fuller information on the relative roles of the new Ministry and the National Committee for Vocational Guidance and Training, which is attached to the Ministry of Labour, and particularly the measures taken by each of these two authorities to promote equality of opportunity and treatment in vocational training. The Committee would also be grateful if the Government would indicate the results achieved in this area by supplying, if possible, statistics broken down by sex on the various types of apprenticeship, vocational training and further training that are provided and on the methods employed for the guidance and promotion of skilled and managerial staff.

5. With regard to public servants, the Committee notes that their recruitment is based on competitions, without distinction based on sex, and requests the Government to indicate in its next report the number of women employed in the public service (including those in positions of responsibility) and their percentage in relation to men. As in previous comments, it also requests the Government to supply examples of the application in practice of section 4 of the General Conditions of Service for Public Servants, which provides for exceptions to equality of opportunity and treatment for the two sexes, particularly due to the specific restrictions on certain jobs set out in the special conditions of service of various types of public servants. The Committee hopes that the next report will contain this information and copies of some of the specific conditions of service (such as those applicable to the employees in a particular ministry).

6. The Committee notes that there have been no cases of dismissal under section 35 of the General Conditions of Service of Public Servants, for acts, as set out in this section, "proceeding admission to probation that would, if they had been known, have been an obstacle to recruitment". The Committee hopes that the Government will keep it informed of any new development in this connection.

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