Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its report.

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 notes the Government's statement that labour relations between employers and workers in the Togo processing zone are governed by an agreement concluded on 1 June 1996 between the interested parties, and submitted to the clerk of the court of the first instance of Lomé. The Government annexes a copy of this agreement. The Committee notes that Chapter V of the agreement, which deals with worker representatives within the enterprises, governs in particular 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 requests the Government to specify in its next report 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.

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. The Committee notes the Government's statement that measures in this regard are envisaged in the new Labour Code currently in preparation. 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, which prohibits foreigners from carrying out administrative or managerial office in trade unions and requests the Government to keep it informed on all developments in this connection.