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

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

Statistics. The Committee recalls the Government’s previous indication that the ongoing restructuring of the labour administration should permit the Government to collect and supply statistical data. Noting that no such data have been received, the Committee asks the Government to make every effort to provide statistical data on the number of men and women nationals from the Economic Community of West African States working in Togo, and on the number of Togolese nationals working abroad.

Articles 2–4 of the Convention. Measures to prevent and address irregular migration and the illegal employment of migrants. The Committee notes the Government’s indications that the labour inspection services are in charge of monitoring the illegal employment of migrant workers, but that no data on the number and the nationality of migrants illegally employed or submitted to abusive conditions are available. The Committee notes the measures to combat child trafficking which it has addressed in its comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182). The Government further states that Togo has no specific international labour migration policy and that it considers that ILO assistance would be appropriate. No specific measures are being taken to establish contact and exchange information with other States on the subject. The Committee encourages the Government to adopt measures to detect systematically whether there are any illegal and clandestine movements of migrants entering or leaving its territory, or whether there are any illegally employed migrant workers, and to collect specific data in this regard. The Committee also requests the Government to adopt, with ILO assistance where appropriate, specific legal and other measures against the organizers of such movements, in accordance with Articles 2 and 3 of the Convention, and to report on the progress made.

Articles 5 and 6. Penal, civil and administrative sanctions, and authors of trafficking for labour purposes. The Committee notes the fines imposed on employers not respecting sections 45 and 46 of the Labour Code regarding recruitment of foreign workers (section 289). It also notes the information provided by the Government on the international and regional treaties and multilateral agreements to combat trafficking in women and children and to address cross-border crimes signed by Togo (e.g. the United Nation Convention against Transnational Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, the Regional Multinational Cooperation Agreement to Combat Human trafficking, particularly women and children in West and Central Africa). The Committee asks the Government to indicate the measures taken to ensure that authors of trafficking for purposes of labour can be prosecuted wherever the country from which they operate. Please also indicate the legal provisions defining and applying administrative, civil and penal sanctions in respect of the organization of movements of migrants for employment involving abuses referred to in Article 2 of the Convention, and in respect of knowing assistance to such movements, whether for profit or otherwise.

Article 8. Legal status in the event of loss of employment. The Committee notes the Government’s indication that as long as the residence permit is valid the migrant worker can reside in the territory and seek other employment provided that the formal conditions required by the new employer are respected. The Committee asks the Government to indicate the conditions under which a residence permit is issued or renewed, and the reasons for which it can be revoked. Please submit information on the application in practice of the principle that the residence or work permit of a migrant worker shall not be automatically withdrawn upon the mere loss of his or her employment.

Article 9(1) and (2) of the Convention. Equality of treatment with respect to rights arising out of past employment. The Committee notes the Government’s indication that workers can claim their rights through recourse to the labour inspection services or the labour tribunal, which handle their case without referring to their migrant status. The Government has no knowledge of cases of expulsion of migrant workers in an irregular situation. The Committee encourages the Government to examine any obstacles faced by migrant workers whose situation cannot be regularized to submit claims to the labour inspectorate in relation to rights derived from past employment with respect to remuneration, social security and other benefits, and to report on the progress made in this regard. Please provide information on any such claims submitted by migrant workers in an irregular situation to the competent authorities, and on their outcome.

Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee notes Act No. 2011-006 on the social security code, which applies to all workers covered by the Labour Code 2006. It notes the definition of “worker” set out in the section 2 of the Labour Code, as well as the provisions of the Code prohibiting direct and indirect discrimination in employment and occupation, including termination, and guaranteeing trade union rights (sections 2, 3 6, 11 and 39). Complaints regarding discrimination can be submitted to the labour inspection services or brought before the labour tribunal. The Committee further notes the Government’s brief indications with respect to Article 12(b)–(f), including that no specific action or national policies exist that target migrant workers. The Government also states that it considers that ILO technical assistance would be appropriate in this context. Recalling that Article 10 not only requires the adoption of a national equality policy intended for migrant workers, but also the implementation of such a policy through positive measures, as described in Article 12 of the Convention, the Committee hopes that the Government will soon take active measures to this end, where appropriate with the assistance of the ILO, and asks the Government to provide information on any progress made in this regard.

Article 14(c). Functions necessary in the interest of the State. The Committee notes the Government’s statement regarding the general restriction on the access of foreigners to the public service. The Committee recalls that Article 14(c) allows restrictions on the access of foreigners to employment provided that: (a) the exceptions relate only to “limited categories of employment or functions”; and (b) this is necessary “in the interest of the State”. The Committee requests the Government to examine its legislation in light of the criteria mentioned in Article 14(c) of the Convention, and report on the progress made.