2010 Annual Survey of violations of trade union rights – Togo

Population: 6,600,000
Capital: Lomé
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

Most employers in both the public and private sectors have turned a deaf ear to trade union calls for social dialogue. Trade union rights are not completely secured, and the right to collective bargaining is severely limited.

Trade union rights in law

While the Constitution guarantees freedom of association and the right to strike, excessive restrictions still apply.

The Labour Code of 2006 extends the right to hold union office to migrant workers legally established in the country, and specifically stipulates that the consent of a spouse is not needed to join a union, a provision that facilitates the right of women to organise. However, workers in export processing zones do not enjoy the same trade union rights as workers outside the zones. Furthermore, the Labour Code stipulates that the dismissal of union representatives require the consent of the labour inspectorate. Although anti-union discrimination is prohibited, there are no provisions protecting strikers against employer retaliation.

While the right to collective bargaining is recognised, it is limited to a single nationwide agreement that must be negotiated and endorsed by the government as well as trade unions and employers.

Finally, public sector health workers are not allowed to strike.

Trade union rights in practice and violations in 2009

Background: In May, an attempted coup was foiled. The authorities arrested the suspects, including the President’s brother. Presidential elections are due in April 2010. Civil society organisations have issued a warning to political leaders and the army. The 2005 elections were marred by serious violence.

Break down of social dialogue: Since the adoption of a new labour code and a memorandum of understanding in 2006, there has been virtually no progress in social dialogue. According to the Union of Togolese Workers Unions (ISTT), which groups together the National Workers’ Confederation of Togo (CNTT), the Workers’ Trade Union Confederation of Togo (CSTT), the General Union of Free Trade Unions (UGSL) and the National Union of Independent Trade Unions of Togo (UNSIT), most of the promises made by the government on workers and trade union rights have not been met. In many sectors, workers and their organisations have complained of silence from the authorities, and even contempt for their demands. Cases in point include the dockers at the independent port of Lomé (see article in “Violations” section), and farm agents affiliated to the National Union of Rural Managers of Togo (SYNERTO) who went on strike in March because all their efforts to negotiate the payment of their salary arrears remained in vain. According to the UNSIT, the basic principles of social dialogue were also ignored during the restructuring of the new Phosphates Company which resulted in the dismissal of over 600 employees.

Trade union created in export processing zone: On 8 December, the Export Processing Zone Workers’ Union of Togo (USYNTRAZOFE) held its founding congress at the headquarters of the Workers Trade Union Confederation of Togo (CSTT). Organising workers in the export processing zone remained difficult, with most employers still very hostile towards trade unions.

Strike ban and broken promises at Lomé port: At the beginning of January, a wildcat strike broke out among dockers at the Lomé port. For four years management had promised professional status and better working conditions. The authorities banned the protest action and tried to isolate the strikers, explaining that it was not port employees but neighbourhood youth that were causing the problems. In the weeks that followed, the Free Trade Union of Workers of the Autonomous Port of Lomé (SLTRAPAL) did reach an agreement with management, but by the end of the year the promised measures had still not been applied.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c4fec532d&skip=0&coi=TGO&querysi=trade&searchin=title&display=10&sort=date

2009 Annual Survey of violations of trade union rights – Togo

Population: 6,800,000
Capital: Lomé
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

Strikes were driven by the absence of social dialogue and poor working conditions. Six strikers were dismissed from a cement works.

Trade union rights in law

Freedom of association and the right to strike: Workers have the right to join unions and to strike, with the exception of members of the security services, fire workers and the police. Public sector health workers are allowed to join unions but not to strike.

The Labour Code of 1974 prohibited foreign workers from holding trade union office. The new Code of 2006 allows migrant workers to hold such posts insofar as they are legally established in the country. The Code of 2006 also specifically stipulates that all persons are able to join a union without the express consent of their spouse, which facilitates the right of women to unionise. Stronger protection is afforded to trade union representatives through a provision stating that their dismissal must be approved by the labour inspectorate.

Anti-union discrimination is prohibited.

Weaknesses: There is no provision protecting strikers against reprisal measures.

Right to collective bargaining: Nominally, the right to collective bargaining exists, but this is limited to a single nationwide agreement that must be negotiated and endorsed by representatives of the government as well as trade unions and employers. The agreement sets nationwide wage standards for all employees in the formal economy.

Export processing zones: The law provides exemptions from some provisions of the Labour Code for companies with export processing zone (EPZ) status, such as the regulations on hiring and firing. Employees of EPZ companies do not enjoy the same protection against anti-union discrimination as other workers. This matter has been raised repeatedly by the ILO Committee of Experts which has highlighted the need for workers in EPZs to benefit from trade union rights.

Trade union rights in practice and violations in 2008

Background: A first step was taken towards initiating social dialogue in 2006, at the insistence of trade union organisations and under the threat of strike action. A draft agreement was signed and a National Council for Social Dialogue was set up, but the dialogue has barely progressed since then. The absence of social dialogue and the often appalling working conditions led to several strikes during 2008. Doctors took action on two occasions and a stoppage took place in the phosphate industry, which is crucial to the national economy but is falling into decline. One of the country’s two cement works, run by the Indian company Fortia, in Tabligbo, was brought to a standstill in July by a strike in support of the workers’ demand for decent pay. In September, the workers downed tools once again, to demand the reinstatement of six of their unfairly dismissed colleagues, who the management considered to have been the ringleaders of the strike in July.

Export processing zones (EPZs): In general, anti-union attitudes prevail in the EPZs, despite the prohibition of anti-union discrimination.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c52cac4a&skip=0&coi=TGO&querysi=trade&searchin=title&display=10&sort=date