Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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

Article 2 of the Convention. Trade union rights of minors. The Committee noted previously that, under section 12 of the Labour Code (Act No. 2006–010 of 13 December 2006), minors aged over 16 years may join trade unions, subject to authorization from their father, mother or guardian. The Committee notes the Government’s indication in its report that section 12 of the Labour Code clearly recognizes the principle of freedom of association for minors aged 16 years, but that all rights may be subject to a restriction on condition that such a restriction is intended for the protection of a legitimate interest and is proportional to the objective sought. The Committee notes that the Government bases the need for such parental authorization on the importance of protecting parents against any damages that their child may cause (for example, in the context of a strike) and of protecting the child from the influence of other workers. The Committee recalls that Article 2 of the Convention guarantees all workers, without distinction whatsoever, the right to establish and join organizations and that it does not authorize any distinction on such grounds as age. The Committee therefore considers that section 12 of the Labour Code is not in conformity with Article 2 of the Convention. The Committee reiterates its request to the Government to take the necessary measures to ensure that minors who have reached the statutory minimum age for admission to employment (15 years of age under section 150 of the Labour Code), either as workers or apprentices, can exercise their trade union rights without the need for authorization from their parents or guardian.

Article 3. Right to strike. In its previous direct request, the Committee observed that, under section 273 of the Labour Code, if a strike affects an essential service, the competent authority may requisition those workers engaged in jobs that are vital to the safety of persons and goods. The Committee noted that the list of jobs so established is determined by decree of the Council of Ministers and that, under section 274 of the Labour Code, the list of enterprises providing an essential service within the meaning of section 273 is established by decree of the Council of Ministers. The Committee requested the Government to indicate whether the decrees provided for under sections 273 and 274 of the Labour Code had been adopted. The Committee notes the Government’s indication in its report that the decrees envisaged in sections 273 and 274 of the Labour Code were submitted to and approved by the National Council for Labour and Social Legislation in November 2009, but that their adoption has been delayed by the holding of presidential elections. The Committee requests the Government to provide copies of these decrees once they have been adopted.

In its previous direct request, the Committee also noted that, under section 275 of the Labour Code, during a strike, the parties are under the obligation to continue negotiations under the authority of a person appointed by the Minister of Labour and that the same provision establishes as an exception to this obligation cases in which the parties agree to have recourse to a mediator. The Committee notes the Government’s indication in its report that the spirit of the text is not to impose mediation upon the parties, but instead to encourage them not to break off negotiations, even during the strike, and that the appointment of a mediator by the Minister is guided by the concern to allow negotiations to be held under the guidance of a person with proven expertise and a high moral standing. The Committee considers that it is preferable, with a view to obtaining and maintaining the confidence of the parties to a dispute, to allow them to choose the procedures for the settlement of the dispute themselves (including the choice of having recourse to mediation). The Committee wishes to draw the Government’s attention to the fact that such a provision, which imposes negotiation through the intervention of the labour authorities, in cases where the parties do not reach agreement on a mediator of their own choice, runs the risk of prejudicing the right of trade union organizations, in accordance with Article 3 of the Convention, to organize their activities and to formulate their programmes without interference by the public authorities. The Committee therefore reiterates its request to the Government to take the necessary measures to amend section 275 of the Labour Code in this sense.

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

The Committee notes the Government’s reply to the observations made by the International Trade Union Confederation (ITUC) dated 26 August 2009, and the observations of the ITUC dated 24 August 2010.

Article 2 of the Convention. Export processing zones. The Committee recalls that for a number of years it has been requesting the Government to recognize the trade union rights of workers in export processing zones. The Committee notes the Government’s indication in its report that no provisions of the specific texts respecting processing zones exclude the application of the provisions of the Labour Code (Act No. 2006-010 of 13 December 2006) and that all workers in enterprises approved with the status of processing zones benefit from the guarantees afforded by the Labour Code. The Committee also notes with interest the Government’s indication in its report that trade union organizations for workers in processing zones were created in 2009 and 2010 (the Trade Union Federation of Workers in Export Processing Zones (USYNTRAZOF), the National Union of Workers in Processing Zones of Togo (SYNATRAZOFT) and the Free Trade Union of Workers in Processing Zones of Togo (SYLITRAZOF)) and that, for the purposes of clarification, including the extent of trade union freedoms, the Government has decided, with the support of the International Labour Office, to undertake the revision of Act No. 89-14 of 18 September 1989 establishing the rules governing processing zones and subsequent texts. The Committee requests the Government to indicate the progress achieved in relation to the revision of the Act, and to provide a copy of such instrument with its next report. It recalls the importance that it attaches to the value of the consultation of employers’ and workers’ organizations in the preparation and implementation of legislation affecting their interests.

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

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

Article 2 of the Convention. Trade union rights of minors. The Committee noted previously that, under section 12 of the Labour Code (Act No. 2006-010 of 13 December 2006), minors aged over 16 years may join trade unions, subject to authorization from their father, mother or guardian. The Committee drew the Government’s attention to the fact that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations of their own choosing. The Committee is of the view that the Convention does not authorize any distinction based on the grounds of age, and that section 12 of the Labour Code is not in conformity with Article 2 of the Convention. Consequently, while noting the Government’s indication that the rule set out in the Labour Code consists of the freedom of membership by minors and the restrictions, which constitute exceptions, and are only intended to protect minors more effectively, the Committee requests the Government to take the necessary measures to ensure that minors who have reached the statutory minimum age for admission to employment (15 years of age under section 150 of the Labour Code), either as workers or apprentices, can exercise their trade union rights without the need for authorization from their parents or guardian. The Government is requested to indicate any progress achieved in this respect.

Article 3. Right to strike. The Committee noted previously that, under section 273 of the Labour Code, if a strike affects an essential service, the competent authority may requisition those workers in jobs that are vital to the safety of persons and goods. The Committee noted that the list of jobs so established is determined by a decree of the Council of Ministers and that, under section 274 of the Labour Code, the list of enterprises providing an essential service within the meaning of section 273 is established by a decree of the Council of Ministers. The Committee previously requested the Government to indicate whether the decrees provided for under sections 273 and 274 of the Labour Code had been adopted. The Committee notes the Government’s indication that the decrees have not yet been issued and that a consultant has been recruited to propose a first draft of all the texts to be issued under the Labour Code. The Committee requests the Government to provide copies of the above decrees once they have been adopted.

Furthermore, the Committee noted previously that, under section 275 of the Labour Code, during a strike, the parties are under the obligation to continue negotiations under the authority of a person appointed by the Minister of Labour. The Committee notes the Government’s indication that this provision establishes, as an exception to this requirement, cases in which the parties agree to have recourse to a mediator. The Committee wishes to draw the Government’s attention to the fact that such a provision, which establishes the obligation to hold negotiations with the involvement of the labour authority in cases where the parties do not opt for mediation, might infringe upon the right of trade union organizations to organize their activities, in accordance with Article 3 of the Convention, and to formulate their programmes without interference from the public authorities. The Committee considers that it is preferable to gain and maintain the confidence of the parties to a dispute, to permit them to choose voluntary mediation or arbitration procedures with a view to a settlement. The Committee therefore requests the Government to amend section 275 of the Labour Code so as to ensure that, during a strike and with a view to settling the dispute, only by common agreement may the parties have recourse to mediation or arbitration procedures, through an independent body which enjoys their confidence and without the intervention of the public authorities.

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

The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 26 August 2009. The Committee requests the Government to provide its observations in this respect.

Article 2 of the Convention. Export processing zones. The Committee recalls that it has been asking the Government for several years to recognize the trade union rights of workers in export processing zones. The Committee requests the Government to indicate whether, under the terms of the new Labour Code (Act No. 2006-010 of 13 December 2006), this category of workers benefits from the guarantees afforded by the Convention. It also once again requests the Government to provide information on any trade union organization that has requested the legal capacity to defend workers in export processing zones.

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

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

The Committee notes the adoption of Act No. 2006-010 of 13 December 2006 on the Labour Code.

Article 2 of the Convention. Trade union rights of minors. The Committee notes that under section 12 of the new Labour Code (Act No. 2006-010 of 13 December 2006), minors aged over 16 years may belong to trade unions, subject to authorization from their father, mother or tutor. The Committee draws the Government’s attention to the fact that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations of their own choosing. The Committee is of the opinion that the Convention does not authorize any distinction based on the grounds of age. Section 12 of the Labour Code is therefore not in conformity with Article 2 of the Convention. Consequently, the Committee requests the Government to take the necessary measures to ensure that minors having reached the statutory minimum age of admission to employment (15 years of age under section 150 of the Labour Code), either as workers or apprentices, might exercise their trade union rights without requiring authorization from their parents or tutor. The Government is requested to indicate any progress achieved in this respect.

Article 3. Right to strike. The Committee notes that under section 273 of the Labour Code, if a strike affects an essential service, the competent authority may requisition those workers in jobs that are vital to the safety of persons and goods. The list of jobs established as such, are fixed by a decree of the Council of Ministers. Moreover, under section 274 of the Code, the list of enterprises providing an essential service in the sense of section 273 is established by decree of the Council of Ministers. The Committee requests the Government to indicate whether the decrees provided under sections 273 and 274 of the Labour Code have been adopted and, if so, to provide a copy of them.

The Committee further notes that under section 275 of the Labour Code, during a strike, the parties are obliged to undertake negotiations under the authority of a person appointed by the Minister of Labour. The Committee wishes to draw the Government’s attention to the fact that such a provision, which obliges negotiations with the involvement of the labour authority, might infringe the trade union organizations’ right to organize their activities and to formulate their programmes without interference from the public authorities, enshrined in Article 3 of the Convention. The Committee considers that it is preferable, to gain and maintain the confidence of the parties to a dispute, to leave it up to them to choose the voluntary mediation or arbitration procedures with a view to a settlement. Consequently, the Committee requests the Government to amend section 275 of the Labour Code to ensure that, during a strike and with a view to settling the dispute, only the parties may, with a common agreement, decide to resort to mediation or arbitration procedures by an independent body in which they have confidence, without intervention of the public authorities.

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

The Committee notes with regret that the Government’s report has not been received. The Committee takes note of observations made on 29 August 2008 by the International Trade Union Confederation (ITUC), which refer to matters already raised by the Committee, as well as to the intervention of law enforcement services to prevent a trade union demonstration. The Committee requests the Government to provide its observations thereon.

Furthermore, the Committee notes the adoption of Act No. 2006-010 of 13 December 2006 issuing the Labour Code.

Article 2 of the Convention. Export processing zones (EPZs). The Committee recalls that it has been asking the Government for several years to recognize the trade union rights of workers in EPZs. It requests the Government to indicate whether this category of worker benefits from the guarantees provided by the Convention under the new Labour Code. Furthermore, it requests the Government once again to provide information on any trade union organization that has requested the legal capacity to defend workers in EPZs.

Article 3. Right of organizations to elect their representatives in full freedom. The Committee recalls that its previous comments concerned the right of foreign workers to hold trade union offices. The Committee notes with interest that under section 11 of the new Labour Code, migrant workers regularly established in the country and enjoying their civic rights, may be entrusted with the administration and management of a trade union.

The Committee raises other questions in a direct request to the Government.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2 of the Convention. Export processing zones. The Committee also notes the comments made by the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation) on 10 August 2006 referring to matters already raised in its previous observation, and particularly the exercise of trade union rights in export processing zones. In this regard, recalling that for several years it has been commenting on the need for workers in export processing zones to benefit from trade union rights, the Committee requests the Government to keep it informed of any trade union organization that has requested the legal capacity to defend workers in export processing zones.

Article 3. Right of foreign workers to hold trade union office. In its previous comments, the Committee noted the draft amendment prepared by the Government to bring section 6 of the Labour Code, concerning the right of foreign workers to hold trade union office, into conformity with the Convention. The Committee noted that, according to the Government, the draft text of the new Labour Code, which was in the final stages of adoption, took this concern into account and contained provisions that are compatible with the Convention. The Committee requests the Government to keep it informed in this respect and to provide a copy of the abovementioned text.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report has not been received.

Article 2 of the Convention. Export processing zones. The Committee also notes the comments made by the International Confederation of Free Trade Unions (ICFTU) on 10 August 2006 referring to matters already raised in its previous observation, and particularly the exercise of trade union rights in export processing zones. In this regard, recalling that for several years it has been commenting on the need for workers in export processing zones to benefit from trade union rights, the Committee requests the Government to keep it informed of any trade union organization that has requested the legal capacity to defend workers in export processing zones.

Article 3. Right of foreign workers to hold trade union office. In its previous comments, the Committee noted the draft amendment prepared by the Government to bring section 6 of the Labour Code, concerning the right of foreign workers to hold trade union office, into conformity with the Convention. The Committee noted that, according to the Government, the draft text of the new Labour Code, which was in the final stages of adoption, took this concern into account and contained provisions that are compatible with the Convention. The Committee requests the Government to keep it informed in this respect and to provide a copy of the abovementioned text.

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

The Committee notes the Government’s report.

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

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

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

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

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

1. Article 2 of the Convention. In its previous observations, the Committee noted that the agreement of 1996 was vague and afforded no safeguards for the rights of workers in export processing zones, particularly the right of access for trade union officers, the right to form unions and the right to nominate candidates.

In a previous report the Government stated that the provisions of the Labour Code of 1974 apply to labour relations between employers and workers in the export processing zones established pursuant to Act No. 89-14 of September 1989. The Committee requests the Government to confirm that the provisions of the Labour Code on freedom of association have force of law in these zones.

Noting that, according to the Government, no trade union organizations have complained of candidates not being nominated as trade union delegates for the purpose of representing workers, the Committee asks the Government to provide all available information on the representation of workers in export processing zones (for example, representation by unions, number of members, etc.).

2. Article 3. In its previous comments the Committee noted that section 6 of the Labour Code of 1974 was incompatible with the Convention as regards the right of foreign workers to hold trade union office, at least after a reasonable period of residence in the host country. The Committee noted the draft amendment prepared by the Government to bring section 6 of the Labour Code of 1974 into conformity in this respect. The Committee notes from the information in the Government’s latest report that this legislative amendment has not yet been adopted.

The Committee hopes that the Government will take the necessary steps to ensure that the draft amendment is adopted in the very near future and requests it to provide a copy once it has been adopted.

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

The Committee has noted the information supplied by the Government in its report. It recalls that its previous comments related to the following points:

1.  Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join trade union organizations, including in export processing zones.  The Committee noted that Chapter V of the agreement concluded on 1 June 1996 concerning relations between employers and workers in the Togolese processing zone, which deals with worker representatives within the enterprises, governs in particular the election procedures for staff representatives, but makes no reference to trade union organizations. Moreover, the Committee notes that Act No. 89-14 of 18 September 1989, establishing the export processing zone, provides, under section 30, that "access to the zone is restricted to duly authorized persons and vehicles". In this connection, the Committee asked the Government to specify whether trade union organizations have free access to processing zones and if they have the right and possibility of presenting candidates as trade union delegates with a view to representing the workers of these zones. In its latest report, the Government indicates that the 1996 agreement contains no provisions banning trade union organizations from processing zones. With regard to the impossibility of presenting candidates as trade union delegates with a view to representing workers, no complaint to this effect has been made by the trade union organizations. While noting this information, the Committee recalls that Article 1 of the Convention provides that the Government must undertake to give full effect to the provisions of the Convention. Consequently, the Committee requests the Government to envisage the adoption of specific provisions in order to guarantee workers in the export processing zones the right to establish trade unions and to present candidates as trade union delegates to represent them in those zones. It requests the Government to indicate in its next report the measures that have been taken to this effect.

2.  Article 3. Right of workers’ organizations to elect their representatives in full freedom.  The Committee recalls that its previous comments dealt with the right of foreign workers to hold trade union office, at least after a reasonable period of residence in the host country. In this regard, the Committee requested the Government to amend section 6 of the Labour Code of 1974, which prohibits foreigners from holding administrative or management posts in trade unions. The Committee notes with interest the information supplied by the Government in its report to the effect that a draft amendment of this section provides that "members responsible for the administration or management of a union must be of Togolese nationality or be migrant workers residing officially on the national territory and in possession of their civic rights". The Committee expresses the hope that the Government will take the necessary measures without delay to amend section 6 of the Labour Code of 1974 and requests the Government to send it the text of this amendment once adopted.

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

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

1. Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join trade union organizations, including in export processing zones. The Committee notes the Government's statement that labour relations between employers and workers in the Togo processing zone are governed by an agreement concluded on 1 June 1996 between the interested parties, and submitted to the clerk of the court of the first instance of Lomé. The Government annexes a copy of this agreement. The Committee notes that Chapter V of the agreement, which deals with worker representatives within the enterprises, governs in particular election procedures for staff representatives, but makes no reference to trade union organizations. Moreover, the Committee notes that Act No. 89-14 of 18 September 1989, establishing the export processing zone, provides, under section 30, that "access to the zone is restricted to duly authorized persons and vehicles". In this connection the Committee requests the Government to specify in its next report whether trade union organizations have free access to processing zones and if they have the right and possibility of presenting candidates as trade union delegates with a view to representing the workers of these zones.

2. Article 3. Right of workers' organizations to elect their representatives in full freedom. The Committee recalls that its previous comments dealt with the right of foreign workers to hold trade union office, at least after a reasonable period of residence in the host country. The Committee notes the Government's statement that measures in this regard are envisaged in the new Labour Code currently in preparation. The Committee expresses the hope that the Government will take the necessary measures without delay to amend section 6 of the Labour Code of 1974, which prohibits foreigners from carrying out administrative or managerial office in trade unions and requests the Government to keep it informed on all developments in this connection.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join trade union organizations, including in export processing zones. The Committee notes the Government's statement that the provisions of the Labour Code of 1974 apply to labour relations between employers and workers in the export processing zones established under Act No. 89-14 of September 1989. It requests the Government to provide a copy of any collective agreements covering workers in the above zones. 2. Article 3. Right of workers' organizations to elect their representatives in full freedom. The Committee recalls that foreign workers must be allowed to hold trade union office at least after a reasonable period of residence in the host country, and requests the Government to take the necessary measures without delay to amend section 6 of the Labour Code of 1974, which prohibits foreigners from carrying out administrative or management functions in trade unions. It requests the Government to keep it informed of any developments in this respect and to provide it with a copy of the text of the amended Labour Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information contained in the Government's report.

1. Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join trade union organizations, including in export processing zones. The Committee notes the Government's statement that the provisions of the Labour Code of 1974 apply to labour relations between employers and workers in the export processing zones established under Act No. 89-14 of September 1989. It requests the Government to provide a copy of any collective agreements covering workers in the above zones.

2. Article 3. Right of workers' organizations to elect their representatives in full freedom. The Committee recalls that foreign workers must be allowed to hold trade union office at least after a reasonable period of residence in the host country, and requests the Government to take the necessary measures without delay to amend section 6 of the Labour Code of 1974, which prohibits foreigners from carrying out administrative or management functions in trade unions. It requests the Government to keep it informed of any developments in this respect and to provide it with a copy of the text of the amended Labour Code.

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

Right of workers without distinction whatsoever to form and join trade unions, including in export processing free-zones

1. Article 2 of the Convention. With reference to its previous direct requests, the Committee regrets to note that the Government's report contains no information on labour relations in the industrial free-zones on its territory. It therefore once again asks the Government in conformity with the requirements of the Convention to indicate whether the provisions of the 1974 Labour Code apply to labour relations between employers and workers in the export processing zones established under Act No. 98-14 of 18 September 1989. It requests it to provide the texts of any collective agreements covering workers in the above zones.

Right of workers' organizations to elect their representatives freely

2. Article 3. The Committee notes with interest that the Government has taken note of the need to amend section 6 of the Labour Code prohibiting foreigners from carrying out administrative or management functions in trade unions. It asks the Government to take the necessary measures in the near future to bring its legislation into line with the requirements of the Convention and to keep it informed of any developments in this respect, and to send a copy of the amended Labour Code.

Deduction of trade union dues

3. The Committee takes due note of the Government's statement in its report that section 4(3) of the 1974 Labour Code, which provides that trade union dues may be deducted from the salaries of workers following their written consent, is now being applied in practice.

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

With reference to its previous comments, the Committee notes from the Government's report that the export processing free zones are in the process of being set up and that it is only after the completion of this process that the legislation applicable to labour relations between employers and workers will be determined. The Committee therefore requests the Government to indicate whether the provisions of the Labour Code of 1974 will apply to industrial relations between employers and workers employed in free zones in conformity with the requirements of the Convention once the latter have been set up.

The Committee also notes the Government's statement that foreigners cannot be responsible for the administration or management of trade unions in Togo but that they can join these unions (section 6 of the Labour Code).

The Committee once again draws the Government's attention to the fact that foreign workers should be able to hold trade union office, at least after a reasonable period of residence (paragraph 160 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee requests the Government to take measures to amend section 6 of the Labour Code along the lines suggested above, so as to bring its legislation into full conformity with the Convention.

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

With reference to its previous comments, the Committee takes note of the Government's report indicating that the repeal of Ordinance No. 77-5 of 4 March 1977, which provided for the compulsory deduction of trade union dues for the National Confederation of Workers of Togo (CNTT), resulted in the repeal of Decree No. 77-66 of 14 March 1977 fixing the amount of trade union dues.

It therefore requests the Government to confirm, in its next report, that section 4(3) of the Labour Code which stipulates that trade union dues may be deducted from the salaries of workers following their written consent, now governs the regime of trade union dues.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its previous comments, the Committee once again requests the Government to:

- indicate whether the provisions of the Labour Code of 1974 apply to labour relations between employers and workers employed in free zones;

- supply a copy of Act No. 61-27 of 16 August 1961 authorising the Government to expel, intern or banish persons who are dangerous for the public order or the security of the State, which was brought back into force for a period of three years by Ordinance No. 88-6 of 1988;

- indicate the measures taken or envisaged to enable foreigners to have access to trade union office (section 6 of the Labour Code).

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the text of Decision No. 14 of the Supreme National Conference, repealing Ordinance No. 77-5 of 4 March 1977 which provided for the compulsory deduction of trade union dues for the National Confederation of Workers of Togo (CNTT), designated by name in the legislation.

It observes, however, that Decision No. 14 does not refer to Decree No. 77-66 of 14 March 1977 fixing the amount of trade union dues. It therefore requests the Government, in its next report, to indicate whether this Decree has also been repealed and to provide copies of any legal texts currently governing this matter.

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

1. With reference to Act No. 89-14 of 18 September 1989 to issue the regulations governing the export processing free zone, the Committee requests the Government to indicate whether the provisions of the Labour Code of 1974 apply to industrial relations between employers and workers employed in free zones.

2. The Committee notes that, under the terms of Ordinance No. 88-6 of 27 October 1988, Act No. 61-27, of 16 August 1961, authorising the Government to expel, intern or banish persons who are dangerous for the public order and the security of the State, was brought back into force for a period of three years, and it requests the Government to indicate whether this measure fell into abeyance upon the completion of this period.

It would be grateful if the Government would supply a copy of Act No. 61-27 of 16 August 1961.

3. The Committee also notes that, by virtue of section 6 of the Labour Code, the members responsible for the administration or management of an occupational trade union must be of Togolese nationality.

The Committee draws the Government's attention to the fact that foreign workers should be able to hold trade union office, at least after a reasonable period of residence (paragraph 160 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee requests the Government to indicate in its next report the measures that have been taken or are contemplated in this respect.

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

With reference to its previous comment concerning the provisions of Ordinance No. 77-5 of 4 March 1977 and of Decree No. 77-66 of 14 March 1977, which provide for the compulsory deduction of trade union dues for the National Confederation of Workers of Togo (CNTT), designated by name in the legislation, the Committee notes the information supplied by the Government in its report to the effect that it has noted the Committee's observations and that the appropriate measures will be taken in order to bring the legislation into conformity with the Convention.

The Committee recalls that the legislation respecting the compulsory deduction of trade union dues, in its current form, has the effect of limiting the principle of trade union pluralism that is recognised in the national legislation even though, as the Government indicated in a previous report, the system for the deduction of trade union dues for the CNTT was introduced in the legislation after the agreement of the members of the CNTT.

Given that the issue of compulsory deduction of union dues in favour of the CNTT has been raised for several years, the Committee urges the Government to take steps to amend the legislation on this point. It points out, in this connection, that the Government could envisage the adoption of a provision making it possible, without naming them, for representative trade union organisations (according to the current law or practice) to request, following the agreement of their members, to benefit from the deduction from wages of trade union dues.

The Committee requests the Government to supply information on the measures that have been taken or are contemplated in this respect.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

For several years, the Committee's comments have related to the provisions of Ordinance No. 77-4, of 4 March 1977, and of Decree No. 77-66, of 14 March 1977, which provide for the compulsory deduction of trade union dues for the National Confederation of Workers of Togo (CNTT), designated by name in the legislation.

While recognising that the 1974 Labour Code, in section 4, places no obstacle in the way of trade union pluralism, the Committee emphasised that legal provisions designating a particular central organisation which benefits from a union security system are similar in their results to those establishing trade union monopoly. In this connection, it referred to paragraphs 144 and 145 of its 1983 General Survey on Freedom of Association and Collective Bargaining.

In reply to the Committee's question concerning the possibility under the law for a central organisation other than the CNTT that came into existence to benefit at its own request from the deduction of its members' union dues after their agreement has been obtained, the Government indicates that in these circumstances there would be no problem since the current system of deductions is the result of the will of the workers. It adds that were a schism to occur within the CNTT there would be no obstacle for another central organisation to receive contributions from its members following their agreement. These statements coincide with those of the CNTT in the comments noted by the Committee in its previous observations.

Furthermore, on the question of the consequences of a refusal by workers who are members of the CNTT to pay their union dues, the Government indicates that there are no provisions covering this point but that, since the current deduction system for trade union dues received the prior assent of the workers, they are free to stop paying their dues. The Government, as a consequence, would only have the option of noting the situation.

While observing, as the Government states, that the principle of the compulsory deduction of trade union dues for the CNTT, which is designated by name, was introduced into the law following the agreement of the members of the CNTT, which is itself recognised by the workers as the only central organisation capable of defending the interests of its members, the Committee is of the opinion that the legislation respecting the compulsory deduction of trade union dues, in its current form, does not leave the possibility for another central organisation, that came into existence, to benefit from the current system and has the effect of limiting the principle of trade union pluralism that is recognised in the national legislation.

The Committee requests the Government to take steps to amend the legislation on this point. In this connection, one solution that could be envisaged by the Government would be the adoption of a provision making it possible, without naming them, for representative trade union organisations (according to the current law or practice) to request, following the agreement of their members, to benefit from the deduction of trade union dues.

The Committee requests the Government to indicate in its next report the measures that have been taken to bring the legislation into conformity with the Convention.