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

Togo

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1983)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1983)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – N ational policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 2 and 3. Promoting equality and combating discrimination based on criteria other than sex. Given the absence of information from the Government on this subject, the Committee once again requests it to provide information on the measures taken or envisaged to combat discrimination and promote equality in employment and occupation irrespective of race, colour, national extraction, religion, political opinion, and social origin, in cooperation with employers’ and workers’ organizations.

Equality of opportunity and treatment between men and women. The Committee notes with interest the adoption of: (i) Act No. 2022-019 of 15 November 2022 amending the Labour Code, which introduces a new section 190 concerning maternity protection and prohibition of dismissal during pregnancy, maternity leave and nursing periods; (ii) Act No. 2022-018 of 15 November 2022, amending the Criminal Code, which prohibits and punishes economic violence against women, and in particular any action by an employer that makes it impossible to maintain an employment relationship during pregnancy, maternity leave or nursing periods (section 237 of the Code), and strengthens the penalties for acts of discrimination against women, including hindering the normal performance of any economic activity or refusing credit or making its acquisition conditional on gender (section 312 of the Code); and (iii) Decision No. 033/2022/MEPSTA/CAB/SG of 21 March 2022, repealing Circular No. 8478/MEN-RS of 15 December 1978, which excluded pregnant girls from school. The Committee also notes, from the 2024 report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report), that the National Policy on Gender Equality and Equity (PNEEG) was updated in 2023, together with its strategic action plan 2024–28, setting as a strategic area an increase in women’s productive capacity and income levels. It notes in particular that the priority actions in the action plan include: (i) developing and implementing the national strategy to promote women’s entrepreneurship; (ii) ensuring women’s access to funding and production materials; (iii) establishing nurseries and preschools for children; (iv) strengthening men’s participation in the promotion of gender equality and equity in households and in the community; (v) implementing a system for monitoring and periodic reporting on gender equality and equity; and (vi) establishing the National Observatory for gender and development. In addition, various measures have been taken to improve access to skills and training for women and girls, particularly in sectors where they are under-represented, such as science, technology, engineering, mathematics and digital technology. With regard to the agricultural sector, the Committee notes: (i) the adoption of the Gender Action Plan 2024–28, which highlights women’s limited access to land, credit, agricultural inputs and technologies, and aims in particular to promote equal participation in training and specific rights for women in this sector; (ii) the continued implementation of the agricultural policy 2016–30, which covers women’s access to productive resources; and (iii) the implementation of the project to support the agricultural financial incentive mechanism (2018–25) which has provided women with agricultural funding for their productive activities. The Committee welcomes the various measures implemented by the Government to promote gender equality in employment and occupation. It notes however that in its Beijing +25 national report for 2024, the Government indicates that several challenges were identified, which require: (i) strengthening efforts to raise awareness of laws and adopting implementing regulations for women and girls; (ii) mobilizing additional financial resources; (iii) continuing women’s literacy programmes; (iv) strengthening women’s representation at decision-making levels; and (v) institutionalizing the collection and analysis of data disaggregated by sex. In this regard, the Committee notes that, according to the fifth general population and housing census (RGPH-5), conducted in November 2022, women represent 51.3 per cent of the total population and 57 per cent of women live in rural areas. It notes in particular that, according to the first regional handout on gender of the West African Economic and Monetary Union (WAEMU) of 2024, women’s employment rate in Togo remains low (52.1 pour cent), and lower than men’s by almost 15 percentage points (67.0 pour cent), and women represent only 18.7 per cent of employees in management positions. Women’s literacy rate is estimated at 61.3 per cent (compared to 82.4 per cent for men) and falls to 45.4 per cent in rural areas. In addition, 38 per cent of women have no education (compared to 18 per cent of men) and only 4 per cent of women have higher education (compared to 11 per cent of men). Observing that, according to these statistics, women dedicate 2.5 hours to unpaid domestic work per day (compared to 0.7 hours for men), the Committee notes, from a 2023 World Bank report, that women represent 75 per cent of those who are not in education or the labour market, with the main obstacle to employment being domestic work (World Bank, 2023, report on the economic inclusion of women and young people in high potential value chains (Inclusion économique des jeunes et des femmes dans les chaines de valeur à haut potential; French only)). The Committee requests the Government to provide information on: (i)the measures implemented under the National Policy on Gender Equality and Equity (PNEEG)and its strategic action plan, in particular to raise awareness of inequalities and effectively combat negative stereotypes regarding women’s aspirations, preferences and abilities, as well as their role in the family and society; (ii) measures taken to encourage literacy and retention of women in all levels of education, particularly in non-traditional fields of study, and to facilitate women’s access, especially in rural areas, to means of production (credit, land and so forth), and their results; and (iii) any progress made in establishing the National Observatory for gender and development, as well as in the levels of participation of men and women in education, training and employment.

Promotion of equality and combating discrimination against persons with disabilities. The Committee notes that the Labour Code prohibits direct or indirect discrimination based, in particular, on loss of autonomy or on disability in employment and occupation, and provides that the working conditions of persons with disabilities shall be determined by decree of the Council of Ministers in order to encourage the recruitment of these persons (sections 4 and 195 of the Labour Code). In this regard, the Committee notes from the national review of the implementation of the Beijing Declaration and Platform for Action (Beijing +25) for 2024 that several projects have been implemented to encourage the inclusion of persons with disabilities in education and employment, such as the education sectoral plan for 2020–30, Circular No. 165/2021/MEPSTA of 7 October 2021 on access to classrooms for reduced mobility students or the implementation of the socio-vocational reintegration project for persons with disabilities for 2023–25. It welcomes these initiatives. It notes, however, that in its 2023 concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) was concerned about (i) the persistence of discriminatory attitudes, negative stereotypes, prejudices towards persons with disabilities; (ii) the lack of educational opportunities in mainstream schools and vocational and technical training for persons with disabilities; (iii) discriminatory legislation that excludes or limits the participation of persons with disabilities in the labour market, in particular by restricting their access to study at the École nationale d’administration (National School of Management), the École nationale des professions de justice (National School of Legal Professions) and the École normale supérieure; (iv) the low rate of employment of persons with disabilities in the open labour market, particularly women with disabilities, and the barriers to employment faced by persons with disabilities, including the inaccessibility of the physical environment of many workplaces and the lack of support and individualized accommodation; and (v) the absence of effective incentives and affirmative action programmes to promote the inclusion of persons with disabilities in the open labour market, in both the public and private sectors (CRPD/C/TGO/CO/1, 11 April 2023, paras 15, 47 and 51). The Committee therefore requests the Government to provide information on: (i) any measures taken or envisaged to encourage access to education and vocational training, and to promote employment possibilities for persons with disabilities, particularly in the ordinary labour market, including under the terms of section 195 of the Labour Code, and their results; (ii) the levels of participation of men and women with disabilities in education, vocational training and employment, in both the public and private sectors; and (iii) any complaints of discrimination in employment on grounds of disability filed with the labour inspectors, courts or other competent authority, and their outcome (compensation awarded and penalties imposed).

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes that, according to the harmonized survey on household living conditions (EHCVM 2021/2022), the average wage gap between women and men was estimated at 30.4 per cent in 2022. It notes however with concern that the Government only reaffirms that the principle of equal remuneration between women and men is guaranteed by section 155 of the Labour Code which provides for the same work or work of equal value, and wage scales which do not make any distinction between women and men. In this regard, the Committee recalls that the underlying causes of the gender pay gap are closely linked to equality of opportunity and treatment between women and men in employment and occupation, and in particular to questions of access to employment and occupation, occupational segregation, unequal distribution of family responsibilities, and gender roles and stereotypes. In this regard, the Committee refers to its comments made under Convention No. 111. Given the significant gender pay gap and the prevalence of gender stereotypes, the Committee requests the Government to create the conditions necessary for the collection and processing of comprehensive data on the levels of remuneration of men and women in the public and private sectors, including in the agricultural sector. It requests the Government to provide information on: (i) any available updated statistical data on men’s and women’s income, disaggregated, if possible, by economic activity and occupation, in both the public and private sectors; (ii) any available studies on the nature, scope and causes and the gender pay gap; and (iii) any specific measures taken to tackle the underlying causes of the wage gap and enable women to access jobs and activity sectors that are better paid and that offer career progression prospects.

Article 2. Application of the principle of equal remuneration by means of collective agreements. The Committee notes with regret the Government’s indication that, in practice, several collective agreements still contain provisions that are more restrictive than the principle of equal pay for work of equal value enshrined in the Convention and national legislation. It observes that the Government has not provided any information on measures taken to remedy this situation, and that it has undertaken to submit a request as soon as possible for technical assistance of the Office in order to raise awareness of the concept of work of equal value among all those concerned, including employers, workers and the Government. The Committee therefore once again requests the Government to take the necessary measures to promote the principle of equal pay for work of equal value among the social partners to ensure that collective agreements signed between the social partners contain provisions in conformity with the principle set out in the Convention and national legislation. It requests the Government to provide information on any measures and activities carried out to this end, as well as copies of the provisions of collective agreements adopted to give effect to section 140(g) of the Labour Code, requiring that collective agreements include provisions concerning the terms for the application of the principle of equal pay for work of equal value.

Setting the minimum wage. The Committee notes that section 158 of the Labour Code sets out that the guaranteed interoccupational minimum wages (SMIG) are set by order of the Minister of Labour further to the advisory opinion of the National Labour Council. In determining the SMIG, consideration is given, in particular, to the needs of workers and their families, the general level of wages in the country, the cost of living and fluctuations thereof, social security benefits, economic factors, the requirements of economic development, productivity and employment levels. In this regard, the Committee takes notes of Order No. 3790/MFPTDS/DGT of 31 December 2022 on the revision of the SMIG and the guaranteed agricultural minimum wage (SMAG), which are set at 302.89 West African CFA francs per hour or 52,500 West African CFA francs per month across the national territory for all activity branches, from 1 January 2023. In this regard, the Committee recalls that women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (2012 General Survey on the fundamental Conventions, para. 683). The Committee requests the Government to indicate the proportion of workers paid at these rates and, where possible, the adoption of any new text to update the SMIG and the SMAG.

Article 3. Objective job evaluation. Recalling that section 155 of the Labour Code provides that evaluation methods are based on impartial considerations pertaining primarily to the nature of the work that the jobs involve, the Committee notes the Government’s indication that there is not, in practice, a job evaluation method in the private sector. In the public sector, remuneration is set taking into consideration primarily civil servants’ qualifications and the positions they hold. The Government adds that, to remedy this situation, it intends to mobilize the necessary financial and technical resources to train: (i) first, key players, such as those in charge of payroll within enterprises, those in charge of social dialogue, and labour inspectors, in job evaluation methods; and (ii) second, it plans to organize awareness-raising workshops and activities for the social partners in general to explain these methods. Recalling that the effective application of the principle of the Convention implies the adoption of a method that allows for the relative value of different jobs occupied by men and women, because men and women do not generally do the same work, the Committee draws the Government’s attention to the fact that there needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias – such as skills and qualifications, responsibilities and conditions of work. Measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see the 2012 General Survey on the fundamental Conventions, paras 695 and 701). The Committee requests the Government to provide information on the progress made in application of section 155 of the Labour Code, indicating the measures taken to ensure that, in practice, any job evaluation method is based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions, to ensure the effective application of the principle of the Convention. It also requests the Government to provide a copy of an updated wage scale concerning the amount and rates of the various elements of civil servants’ remuneration, adopted under section 183 of Act No. 2013-002 of 21 January 2013 issuing the General Public Service Regulations.

Enforcement. The Committee notes the Government’s indication that to date the competent services have not recorded any complaints of pay inequality for a worker carrying out the same work as a colleague of the opposite sex. The Government indicates that, in order to obtain reliable statistics, a general investigation may be led on this matter, in coordination with the labour inspectorate, if resources allow, to get a clear picture of the application of the regulations and take appropriate measures. The Committee requests the Government to provide information on: (i) any activity undertaken to raise awareness among workers, employers and their organizations of the relevant legislative provisions, procedures and remedies available in relation to the principle of the Convention; (ii) any measures taken to build the capacities and resources available to labour inspectors, magistrates and other public service officials to identify and deal with cases of unequal remuneration between men and women; and, where relevant; and (iii) the results of any general investigations conducted on this matter, in coordination with the labour inspectorate, as well as the number and nature of cases of unequal remuneration dealt with by labour inspectors, courts or any other competent authority, including penalties imposed and compensation awarded.