Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (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.