Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Togo (Ratification: 1999)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(d) of the Convention. Requisitioning of public servants in the event of a strike. The Committee notes the lack of information provided by the Government on the penalties imposed on public servants who fail to comply with a requisition order issued in the event of a strike. It notes, however, the adoption of Decree No. 2022-022/PR of 23 February 2022 on the representativeness of trade unions and the exercise of the right to strike in the Togolese Republic, applicable to persons and agents of the State and local authorities, as well as to staff of public, semi-public and private enterprises and establishments. It notes in particular that sections 21 to 26 of the Decree govern the requisitioning of workers in the event of a strike and define essential services. Section 28 of Decree No. 2022-022/PR of 23 February 2022 provides that a worker who fails to comply with a requisition order issued in the event of a strike will be liable to disciplinary action. Observing that section 33 of the above-mentioned Decree provides that all previous conflicting provisions shall be repealed, the Committee requests the Government to indicate whether sections 244 to 246 of the General Public Service Regulations (Act No. 2013-002 of 21 January 2013), which provide for a prison sentence for workers who have failed to comply with a requisition order issued in the event of a strike, have been tacitly repealed as a result. On the question of the extent of the services covered by the concept of essential services and the associated power of requisition, the Committee refers to its Observation of 2022 on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), as well as to its direct request under the Forced Labour Convention, 1930 (No. 29).