Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Togo (Ratification: 1983)

Part I. Migrations in abusive conditions

Article 2 of the Convention. Statistical data on migration flows. The Committee takes note of the Government’s statement, in its report, that it is unable to provide statistical data on migration flows to and from Togo. The Committee recalls that appropriate data and statistics are crucial in determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact (see 2016 General Survey concerning the migrant worker instruments, para. 648). Noting that the fifth General Population and Housing Census (RGPH-5) was conducted in November 2022, the Committee trusts that the Government will soon be able to provide statistical data,disaggregated where appropriate by sex and nationality,on migration flows to and from Togo, including the number of migrant workers entering, passing through or leaving the country in an irregular situation.

Articles 3–6. Measures to prevent and address irregular migration and illegal employment of migrant workers. The Committee takes note of Decree No. 2021-104/PR of 29 September 2021 on the establishment, powers, organization and functioning of the National Commission for Combating Trafficking in Persons, whose members were appointed by Interministerial Order No. 004/MASPFA/ MSPC/MIJ of 19 January 2022 and whose mandate includes coordinating prevention and response measures to combat trafficking in persons. It notes that in July 2024, the International Organization for Migration helped to improve border posts in Pogno, with Burkina Faso, and in Tamongue, with Ghana, through the provision of materials and equipment. Furthermore, the Committee notes that: (1) Togo is a signatory to the Global Compact for Safe, Orderly and Regular Migration adopted by the United Nations General Assembly on 19 December 2018 (A/RES/73/195); (2) general agreements have been concluded with Benin, Burkina Faso, Mali and the Niger; (3) bilateral coordination agreements on the protection of migrant workers have been concluded with Côte d’Ivoire and Senegal; and (4) in view of the scale of trafficking in persons and migrant smuggling between Togo and Gabon, a joint programme to strengthen the management of mixed migration (complex migratory population movements that include refugees, asylum seekers, victims of trafficking, migrant workers and other migrants, as opposed to migratory movements consisting entirely of one category of individuals) and the fight against transnational organized crime was officially launched on 22 January 2025, with a view to intensifying bilateral and multilateral cooperation to dismantle criminal networks while strengthening the protection of vulnerable populations, particularly women and children. In this regard, the Committee refers to its observation of 2023 on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), and its direct request of 2023 on the application of the Forced Labour Convention, 1930 (No. 29), in which it noted with regret the lack of information on the penalties imposed on the perpetrators of trafficking. The Committee notes the Government’s statement that the number and nationality of migrant workers employed illegally or subjected to abusive conditions, as well as the nature of the violations identified by the labour inspection services, are not explicitly stated in inspection reports, as this information is combined with information relating to all workers. The Committee requests the Government to provide information on: (i) the policies and plans established, in particular by the National Commission for Combating Trafficking in Persons, to combat trafficking in persons, and their impact on the elimination of irregular migration; (ii) the specific measures adopted under bilateral and multilateral agreements to establish contacts and systematic exchanges of information with other States with a view to suppressing the clandestine movement of migrant workers and the illegal employment of migrants; and (iii) the results achieved in this regard, specifying in particular the number and nature of the violations found and the administrative, civil or penal sanctions applied in practice in cases of illegal employment of migrant workers, the organization of migration under abusive conditions and the deliberate provision of assistance to such migration.

Article 7. Consultations with organizations of workers and employers. The Committee notes the Government’s general statement that representatives of workers and employers are consulted through the National Labour Council. The Committee requests the Government to provide information on the activities of the National Labour Council in relation to migration for employment purposes, as well as any other measures taken or envisaged to involve the social partners in legislative and practical initiatives aimed at detecting, eliminating and preventing migration in abusive conditions and the illegal employment of migrant workers.

Article 8. Legal status in the event of loss of employment. The Committee notes the Government’s indication that, under section 53 of the new Labour Code (Act No. 2021-012), the loss of employment by a migrant worker who has been lawfully residing in Togo renders the work permit invalid, unless an exemption is granted by the Minister of Labour at the employer’s request. The Government adds that the loss of employment therefore results in the withdrawal of the work permit, but not necessarily the residence permit. In this regard, the Committee notes that section 7 of Act No. 2022-005 of 15 April 2022 on the policing of foreigners in the Togolese Republic provides that a visa or residence permit, which gives its holder the right to engage in paid or unpaid employment, may be revoked if the employer or employee no longer meets the conditions required to obtain a residence permit. The revocation of a foreigner’s residence permit may result in the revocation of the residence permits of persons who are dependent on him or her. In this regard, the Committee recalls that Article 8 of the Convention expressly requires that permission to reside in the country should not be revoked where the migrant loses his or her employment prematurely (see 2016 General Survey, para. 434). The Committee therefore asks the Government to specify the status of migrant workers who find themselves in an irregular situation as a result of losing their employment prematurely.

Article 9(1) and (2) of the Convention. Equality of treatment with respect to rights arising out of past employment. The Committee takes note of the Government’s statement that no migrant worker illegally residing or working in Togo is deported; on the contrary, their situation is regularized by the competent authorities unless they commit an offence while in an irregular situation. The Committee requests the Government to provide information on the measures taken to guarantee that, in practice, migrant workers in an irregular situation can exercise their rights arising out of past employment with regard to remuneration, social security and other benefits, specifying the relevant legislative provisions and the specific cases brought to the attention of the labour inspectorate and the competent courts.

Part II. Equality of opportunity and treatment

Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee takes note of the adoption in 2017 of the National Strategy on Labour Migration and its operational action plan for 2018–22, the overall vision of which is to ensure that by 2030, Togo can have regular migration and that all Togolese and foreign would-be migrants can see their contributions taken into account in the development of their respective countries. It notes that in July 2022, the committee monitoring the implementation of the strategy reported that only 20 per cent of the activities planned under the operational action plan had been implemented. The Committee requests the Government to provide detailed information on the implementation of the National Strategy on Labour Migration and to specify whether it includes active and positive measures to promote equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights and of individual and collective freedoms for persons who as migrant workers or members of their families are lawfully within its territory. Please provide a copy of any new operational action plan for the National Strategy on Labour Migration adopted after the 2018–22 plan.

Article 14(a). Right to mobility. 1. Employment authorization. The Committee notes that, under sections 52 and 53 of the new Labour Code, the recruitment of a foreign worker is preceded by an application for employment authorization and is subject to a written employment contract approved by the Director-General of Labour. The employer is responsible for applying for the employment authorization and visa. The visa is valid for a maximum of two years and may be renewed once, provided that the employer produces a plan to train and promote national workers who are likely to fill the position held by the foreign worker within the enterprise or establishment. Employers who fail to apply for an employment authorization or who employ a foreign worker without prior authorization or a visa are liable to penal sanctions. The Committee recalls the requirement for an employer to obtain an employment authorization may indirectly restrict the occupational mobility of migrant workers, as workers may not be hired by employers who have been refused such authorizations. The Committee considers that, after the two-year period of residence in the country provided for in Article 14, such restrictions run counter to the principle of equality of treatment between foreign and national workers (see 2016 General Survey, para. 359). The Committee therefore urges the Government to take the necessary measures to ensure that foreign workers are not restricted in their occupational mobility once the two-year period of legal residence has passed, including indirectly through authorizations limited to certain categories of occupations.

2. Priority given to national workers. The Committee notes that section 29 of Act No. 2022-021 of 2 December 2022 on the status of a free zone in the textile and clothing sector stipulates that such employment is reserved, as a priority and at an equivalent level of qualification, for nationals. In any case, the number of expatriate workers within an enterprise may not exceed 10 per cent of the number of national workers during the first 5 years and 2 per cent of national workers from the sixth year onwards. The procedures for implementing this provision are set forth in regulations. In this regard, the Committee recalls that employment priorities in favour of national workers may be contrary to the principle of equality of treatment as regards access to employment when they exceed the period allowed by Article 14(a) of the of the Convention (see 2016 General Survey, para. 365). The Committee requests the Government to provide information on the measures taken to ensure that the priority given to national workers in the free zone in the textile and clothing sector does not run counter to the principle of equality of treatment as regards access to employment, within the meaning of Article 14 of the Convention, and to specify the number of nationals and foreign workers employed in the free zone. Please provide a copy of any regulations adopted on the implementation of section 29 of Act No. 2022-021.

Article 14(c). Restrictions on access to employment. The Committee notes that section 42 of Act No. 2013-002 of 21 January 2013 issuing the General Public Service Regulations stipulates that anyone who is not a Togolese national cannot apply to become or be appointed a public servant. In this regard, the Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (see 2016 General Survey, para. 370). It notes that, at the Council of Ministers meeting held in December 2023, the Government adopted a new bill reforming the General Public Service Regulations. Consequently, the Committee once again requests the Government to examine the reasons why the restriction on access to government employment applies to all employment in the public service and is not limited to “limited categories of employment or functions” or sovereignty employment, and to specify the extent to which such a broad restriction is necessary “in the interests of the State”. The Government is requested to provide information on any developments in this regard.