Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 404, Octubre 2023

1. 652. The complaint is contained in a communication dated 28 April 2022, submitted by the Syndicat des enseignants du Togo (Togo Teachers’ Union) (SET). The complainant provided supplementary information in communications dated 25 May, and 13 and 20 June 2023.
2. 653. The Government sent its observations in communications dated 7 September 2022 and 10 January 2023.
3. 654. Togo has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 655. In its communication dated 28 April 2022, the complainant indicates that the SET was established on 22 May 2021 in compliance with current legislation and that the union's officials had, in a letter dated 14 June 2021, filed the relevant documents with the competent authorities, namely the mayor of Golfe 2, in accordance with the legislation applicable at the time, in this case article 10 of Law No. 2006-010 of 13 December 2006 on the Labour Code, and in a letter dated 6 October 2021 informed the Minister of Primary, Secondary, Technical and Arts and Crafts Education. The complainant states that, under the terms of article 10: “The founders of any trade union are required to file their by-laws and the names, including the nationality, place of residence, age, status and profession/occupation of the persons who, in any way, are responsible for its administration or management. Four copies of these documents must be filed, in return for an acknowledgement of receipt, at the town hall or prefecture headquarters where the trade union is based. The mayor or prefect sends a copy to the public prosecutor and to the local labour and social legislation inspectorate respectively“. The complainant also states that, under article 242 of the General Public Service Regulations, the right of public officials to organize is recognized and that: “In addition to the legal filing, any public officials’ trade union is required, within two (2) months of its establishment, to file its by-laws and list of administrators with the authority invested with the power to appoint the public officials invited to join it, or with the minister responsible for the public or labour service“. The complainant alleges that, even though these formalities have been completed, the administrative authorities of Togo do not recognize the SET as a trade union organization and deny it the prerogatives that come with such recognition, as they wrongly adhere to the provisions of section 13 of the new Labour Code of 18 June 2021, according to which registration must be made with the Minister of Territorial Administration, with a copy to the Minister of Labour, whereas the law can only make provision for the future.
2. 656. The complainant indicates that, on 3 February 2022, it sent a letter submitting a “platform of demands" to the Minister of Public Service, Labour and Social Dialogue, with a copy to the Minister of Primary, Secondary, Technical and Arts and Crafts Education, together with a reminder letter dated 21 February 2022. In the absence of a reply, the SET indicates that it had given notice of strike action to the minister in a communication dated 9 March 2022, with a view to staging a work stoppage on 24 and 25 March 2022 and with the possibility of extending it if the platform of demands was not met, as well as in another letter dated 22 March 2022. The strike call had been extended for a further four days, namely 4, 5, 6 and 7 April 2022.
3. 657. The trade union alleges that, in reply, SET officials and teachers were subjected to violent threats of reprisals by the Minister of Primary, Secondary, Technical Education and Arts and Crafts Education, which were immediately followed up by three successive orders (Order No. 0957/MFPTDS of 30 March 2022, Order No. 1013/MFPTDS of 5 April 2022 and Order No. 1220/MFPTDS of 19 April 2022). The Minister for Public Service removed a total of 150 teachers from the cadre of education officials and seconded them to the Ministry of Public Service to meet "service needs" and because of "repeated actions and conduct incompatible with the skills and requirements of the teaching profession”. The SET points out that "secondment" does not comply with the General Public Service Regulations, in particular article 102(3), insofar as the orders in question do not specify the duration of secondment or the procedures for reinstating the officials concerned. It also contested the legality of the aforementioned orders with regard to the procedure for imposing sanctions. The disciplinary sanctions set out in articles 170 and 171 of the General Public Service Regulations provide that the first-level sanctions in question are imposed following a clearly established procedure. A written request for explanations is sent to the public official concerned, setting out the allegations made against him/her and setting a deadline for reply; the sanction is imposed only after the official has replied or, in the absence of a reply, on expiry of the deadline set. The complainant alleges that requests for explanations, which should have preceded the disciplinary sanctions, were instead sent to the teachers in question after the event, which renders them unlawful and without legal basis, and indicates that an appeal against abuse of power has been lodged with the Administrative Chamber of the Supreme Court against disciplinary measures by some of the teachers subjected to these disciplinary measures.
4. 658. The complainant alleges that, on the evening of 8 April 2022, Mr Kossi Kossikan, Mr Joseph Toyou and Mr Ditorga Sambara Bayamina, Deputy Secretary-General, Regional Secretary for Savanes and Representative of the Grand Lomé prefecture respectively, were arrested and detained at the premises of the Service central de recherches et d'investigations criminelles (SCRIC) (central service for criminal research and investigations), before being remanded in custody by the dean of senior investigating judges of the Lomé court on 11 April. They are accused of inciting students and other persons to revolt, through inducements, threats, rallying orders or signals, based on a statement issued on 30 March 2022, which was neither signed nor recognized by SET officials. The trade union states that Mr Ditorga Sambara Bayamina has been on hunger strike since his arrest.
5. 659. The complainant also alleges that, on 25 April 2022, the Minister for Public Service through three successive orders (No. 1245/MFPTDS, No. 1246/MFPTDS and No. 1247/MFPTDS) proceeded to dismiss, make redundant or impose a temporary suspension on most of the teachers subjected to the "secondment" orders (No. 0957/MFPTDS of 30 March 2022, No. 1013/MFPTDS of 5 April 2022 and No. 1220/MFPTDS of 19 April 2022) (see para. 6 above). Of the 150 teachers concerned, 116 public officials and trainee public officials have been removed or dismissed.
6. 660. According to the complainant, the Minister of Public Service, Labour and Social Dialogue, who issued the disciplinary orders, claimed that, since the SET is not legally established, the strike calls it has issued are also illegal. Thus, he is proceeding in support of the said orders, and without even specifying the offences, on the basis of “repeated actions and conduct incompatible with the skills and requirements of the teaching profession”.
7. 661. The complainant drew attention to the terms of Law No. 2021 012 of 18 June 2021 on the Labour Code: “A strike is understood as being a concerted and collective cessation of work by workers with a view to having their demands of an occupational nature met. Workers have the right to strike to defend their rights and occupational interests, either individually, collectively or through trade union action, under the conditions laid down by the laws and regulations in force (section 322) and that: “Any dispute relating to the exercise of the right to strike shall be referred to the labour court, which shall issue a summary judgment” (section 333). In other words, in addition to the fact that a strike is a worker's right, its unlawful nature cannot simply be alleged or proclaimed; it must be decided by a decision of the court, in this case the labour court, ruling on summary proceedings.
8. 662. In support of its complaint, the SET alleges that, in two previous statements (January and February 2022), movements and associations expressed their deep concern about the shrinking of freedoms in Togo, characterized by the systematic ban on freedom of assembly and peaceful public protest, the muzzling of the private press and the “decapitation of the trade union world”, and alerted development partners to this, particularly with regard to a rapporteur member of the SET, who was abducted from his home by elements of the anti-gang force attached to the national gendarmerie in January 2021, as well as a member of another organization (Mouvement pour la justice sociale (MJS) (Movement for Social Justice).
9. 663. In its communication dated 13 June 2023, the complainant draws attention to the alarming situation of the 116 teachers who had been dismissed or made redundant and the three "former detainees" of the SET. It alleges that, 13 months after the events, the authorities are determined to stifle the trade union movement by placing the victims in a very precarious situation. Threats and intimidation, manipulation, violent and even fatal robberies, as in the case of Mr N'Moigni Gnonkpa, the organization's first general secretary, are all elements characteristic of a violent method aimed at silencing any demands and dissuading the victims from taking legal action. In support of its claim, the complainant produced a new press release, dated 23 October 2022, from civil society organizations sounding the alarm and calling on the Minister of Security and Civil Protection to open an investigation to shed light on the circumstances of Mr N’Moigni Gnonkpa’s assassination and into the various robberies and accidents suffered by his three other colleagues Mr Mawuli Kokouvi Adjogble, Mr Mayigma Gbantchare and Mr Kokou Miwonounyue Mawouegna.
10. 664. In the communication of 13 June 2023, the organization also forwards the decision of the Lomé court of first instance of 23 May 2022 prohibiting the Togo Teachers’ Union from using the acronym SET, given that the association Synergie des Etudiants du Togo (Togolese students association) has been duly registered with this acronym since January 2014.
11. 665. In its communication dated 20 June 2023, the SET alleges that a minority of the 116 teachers dismissed or made redundant have opted "for the pardon route", in the hope of reinstatement, and denounce the pressure and manipulation to which its members had been subjected.
12. 666. In particular, the SET asks the Committee to urge the authorities to: (i) revoke the three orders that removed the 150 teachers from the cadre of education officials and second them to the Ministry of Public Service; (ii) cease threats and intimidation against teachers who are members of the SET; and (iii) reinstate the teachers who have been unjustly and illegally made redundant, suspended and dismissed.

B. The Government’s reply

1. 667. In a communication dated 7 September 2022, the Government begins by pointing out that in 2018 it initiated dialogue and consultations with all the stakeholders in the education system. This initiative led to the signing, in April 2018, of a protocol agreement on the education sector, together with a follow-up mechanism, and to the adoption of the special status of the cadre of education officials. The Government also announced the signing of a memorandum of understanding in March 2022, devoting significant effort to the mobilization of exceptional budgetary resources to ensure, in particular, increased bonuses for teaching staff and the payment of subsidies to volunteer teachers in state schools.
2. 668. The Government indicates that it is against this background that an organization known as the "Togo Teachers' Union" appeared in the media and on social networks on 21 January 2021, reporting its establishment as a trade union and at the same time announcing a strike notice and sit-ins and affirming its intention to paralyse school and teaching activities on 27 and 28 January 2021. On 22 January 2021, the Ministry of Public Service, Labour and Social Dialogue reminded the SET of the legal and regulatory framework governing the establishment of trade unions and the conditions for exercising the right to strike. Then, on 27 January 2021, the SET published a press release in which it acknowledged the shortcomings and irregularities that had marred its establishment process and the strike calls and announced the suspension of all activity until its situation was regularized.
3. 669. The Government indicates that: (i) in a letter dated 6 October 2021, a group of teachers nevertheless announced the establishment of a trade union also called the Togo Teachers’ Union (SET), following a constituent assembly reportedly held virtually on 22 May 2021, with the same leaders as those referred to above; (ii) the by-laws of the new trade union were never sent either to the Ministry of Labour or to the public prosecutor for verification of the status of the founding members, as required under the 2006 Labour Code in force at the time; (iii) according to information disclosed in the media and social networks by the teacher founding members of the “purported” trade union, the by-laws of the trade union were filed with a town hall in Lomé on 18 June 2021, that is on the same day as the entry into force of the new Labour Code, which simplifies and clarifies the terms and conditions for setting up trade unions.
4. 670. According to the Government, the process of establishing the SET was therefore carried out in disregard of the legal and regulatory requirements and despite the health-crisis restrictions in force at the time. On a number of occasions, meetings were held with the teachers concerned to urge them to exercise restraint and adhere to the laws and regulations in force (see letters Nos 020, 278 and 286/2021/MFPTDS/CAB dated 22 January 2021 and 14 and 21 October 2021). Similar initiatives have been taken by the Conseil national du dialogue social (CNDS) (National Social Dialogue Council) and trade union confederations to explain to the teachers concerned the legislation and principles with regard to trade unionism and the exercise of the right to strike, but to no avail.
5. 671. The Government indicates that, despite this desire for appeasement, the SET has embarked on unlawful and illegal strikes and has repeatedly engaged in acts of violence and serious public order disturbances, including by forcing pupils to go to other schools in order to force their fellow pupils to join street demonstrations and protests, in order to force the Government to meet their demands and requirements. This resulted in serious injuries and the destruction of and damage to public and private property.
6. 672. The Government states that it has so far refrained from deducting the salaries of striking teachers for days not worked, as a gesture to ease tensions and calm the social climate, but that, in view of these repeated actions, two steps were taken: (i) a precautionary administrative measure, in accordance with current legislation (Decree No. 2018 130/PR of 28 August 2018, on the special status of the cadre of education officials, and Inter-ministerial Order No. 001/2022/MFPTDS/MEPSTA of 24 February 2022 on the code of conduct for staff in public schools and technical and vocational training centres), aimed at maintaining a calm social climate in order to ensure the physical integrity of learners and teaching staff; and (ii) disciplinary proceedings against the teachers concerned, in compliance with legislation in force and their right to be heard (see letter dated 7 April 2022 and Order No. 1136/MFPTDS dated 13 April 2022 referring public officials to the Disciplinary Board). The Government states that, at the end of these disciplinary proceedings involving representatives of the public officials concerned, the culpability of each public official was established, as well as the level of misconduct and appropriate sanctions.
7. 673. Lastly, the Government emphasizes that the public officials in no way dispute the gross misconduct and failings of which they are accused: it produced a letter of apology from the SET Secretary-General, dated 8 August 2022, referring to many errors committed and problems in carrying out its activities in the education sector, actions that had escaped the control and attention of the organization’s leaders. It also referred to a letter “seeking pardon“, dated 4 May 2022, from a group of teachers who had been dismissed, and another making an “application for leniency, for the reinstatement of teachers that had been dismissed, made redundant and detained“, dated 4 July 2022, signed by Mr N’Moigni Gnonkpa in his capacity as representative of the dismissed and redundant teachers.
8. 674. In its communication dated 10 January 2023, the Government states that almost all of the persons concerned have, on numerous occasions and through steps freely taken, either directly or through trade union and civil society organizations, acknowledged unreservedly the materiality and even the seriousness of the offences of which they are accused, while expressing their regret and pleading for leniency. These are therefore, according to the Government, facts and actions that are now "irrefutable and compelling". The disciplinary or other measures against the persons concerned were taken only after numerous unsuccessful attempts and steps had been taken by the Government. The teaching officials were subjected to disciplinary proceedings for professional misconduct and failings levelled at them that have nothing to do with the exercise of trade union freedoms. The Government states that, at the end of the disciplinary proceedings, the situation was as follows: (i) 33 teachers were reinstated in their posts as their misconduct had not been sufficiently established; (ii) 29 teachers were temporarily suspended as they had been found guilty of first-degree disciplinary offences (minor professional misconduct). To date, the persons concerned have complied with the disciplinary measure and have returned to their government posts; (iii) 30 trainees, whose appointment to public service was still in process and who therefore did not enjoy full public servant status at the time of the events, were dismissed for serious disciplinary offences; and (iv) 86 fixed-term public servants also found guilty of serious disciplinary offences were dismissed.
9. 675. Lastly, regarding the situation of Mr Kossi Kossikan, Mr Joseph Toyou and Mr Ditorga Sambara Bayamina, the Government explains that they are subject to criminal proceedings, including for aggravated public disorder offences resulting in the destruction of public and private property, violence and assault and battery.

C. The Committee’s conclusions

1. 676. The Committee notes that the present case concerns allegations of the government authorities’ failure to recognize the SET, reprisals by the Government against many teachers for striking, as well as acts of intimidation, threats and violent robberies against SET.
2. 677. With regard to the issue of the lack of recognition of the SET as a trade union organization by the government authorities, the Committee notes that the complainant states that the SET was established on 22 May 2021 pursuant to section 10 of the 2006 Labour Code, according to which: “The founders of any trade union are required to file their by-laws and the names, including the nationality, place of residence, age, status and profession/occupation of the persons who, in any way, are responsible for its administration or management. Four copies of these documents must be filed, in return for an acknowledgement of receipt, at the town hall or prefecture headquarters where the trade union is based. The mayor or prefect sends a copy to the public prosecutor and to the local labour and social legislation inspectorate respectively“. The Committee notes that the SET indicates that, in a letter dated 14 June 2021 and received on 18 June 2021, it filed the relevant documents with the town hall of Golfe 2, and that it informed the Minister of Primary, Secondary, Technical and Arts and Crafts Education in a letter dated 6 October 2021. The Committee also notes that the complainant states that it has also fulfilled its obligations under article 242 of the General Public Service Regulations, which provides that: “In addition to the legal filing, any public officials’ trade union is required, within two (2) months of its establishment, to file its by-laws and list of administrators with the authority invested with the power to appoint the public officials invited to join it, or with the minister responsible for the public or labour service.”
3. 678. The Committee notes that the SET alleges that, even though these formalities have been completed, the administrative authorities do not recognize the SET as a trade union organization and deny it the prerogatives that come with such recognition, as they wrongly adhere to the provisions of section 13 of the new Labour Code of 18 June 2021, according to which registration must be made with the Minister of Territorial Administration, with a copy to the Minister of Labour, as the new code had not entered into force when the trade union was set up.
4. 679. The Committee notes that, in the light of information provided by the Government, although the SET had already tried to set up a trade union organization in January 2021, at the same time issuing a strike notice, the subject of the complaint relates solely to the conditions of its registration following its constituent assembly in May 2021.
5. 680. The Committee notes in this regard that the Government indicates that the process of establishing the SET was carried out in disregard of the legal and regulatory requirements, and incidental to the health measures in force at the time. The Government states that: (i) in a letter dated 6 October 2021, the establishment of the SET was announced at the end of a constituent assembly that would have taken place virtually on 22 May 2021; (ii) the by-laws of the new organization were never sent either to the Ministry of Labour or to the public prosecutor for verification of the status of the founding members, as required under the 2006 Labour Code in force at the time; and (iii) according to information disclosed in the media and social networks by its founding members, the SET's by-laws would have been filed with a town hall in Lomé on 18 June 2021, that is on the same day as the entry into force of the new Labour Code, which simplifies and clarifies the terms and conditions for setting up trade unions.
6. 681. The Committee takes note of the contradictory information brought to its attention on this subject and notes that the SET registration procedure was carried out at the same time as the adoption of the new Labour Code, in other words on 18 June 2021. The Committee notes in this respect that the provisions on registration have been amended, pursuant to section 13 of the new Labour Code, and considers that it does not have any information enabling it to verify whether the by-laws and other information required under section 10 of the 2006 Labour Code have actually been sent to the public prosecutor and the local labour and social legislation inspectorate. The Committee also notes the decision of the Lomé court of first instance of 23 May 2022 concerning the use of the acronym SET already being used by the Synergie des Etudiants du Togo. In these circumstances, while recalling that the right to official recognition through legal registration is an essential facet of the right to organize since that is the first step that workers’ or employers’ organizations must take in order to be able to function efficiently, and represent their members [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 449], the Committee requests the Government to work with the complainant to ensure that any doubt as to the formalities required for the registration of the Togo Teachers’ Union be removed as soon as possible and that the said union be able to carry out its trade union activities in the same way as the country's other trade union organizations and enjoy the same prerogatives. The Committee requests the Government to keep it informed in this regard.
7. 682. With regard to the industrial action taken by the SET, the Committee notes that the complainant indicates that, on 3 February 2022, it sent a letter submitting a “platform of demands" to the Minister of Public Service, Labour and Social Dialogue, with a copy to the Minister of Primary, Secondary, Technical and Arts and Crafts Education, together with a reminder letter dated 21 February 2022. The Committee notes that, in the absence of a reply, the SET indicates that it had given notice of strike action to the minister in a communication dated 9 March 2022, with a view to staging a work stoppage on 24 and 25 March 2022 and with the possibility of extending it if the platform of demands was not met, as well as in another letter dated 22 March 2022, and that the strike call had been extended for a further four days, namely 4, 5, 6 and 7 April 2022.
8. 683. The Committee notes that, according to the complainant, the Minister of Public Service, Labour and Social Dialogue considered that, since the SET is not legally established, the strike calls are also illegal, whereas the Minister has no power to rule on the lawfulness or otherwise of industrial action and that this issue, under sections 322 and 333 of the Labour Code, must be decided by a decision of the court, in this case the labour court, ruling on summary proceedings.
9. 684. The Committee notes that the Government stresses that it has repeatedly played the dialogue card but that, despite this desire for appeasement, the SET has embarked on unlawful and illegal strikes and has repeatedly engaged in acts of violence and serious public order disturbances.
10. 685. The Committee wishes to recall from the outset that, if the principles of freedom of association do not protect abuses consisting of criminal acts while exercising the right to strike, the responsibility for declaring a strike illegal should not lie with the Government, but with an independent and impartial body [see Compilation, paras 965 and 909].
11. 686. The Committee notes the complainant's allegations that SET officials and teachers were subjected to violent threats of reprisals by the Minister of Primary, Secondary, Technical Education and Arts and Crafts Education, with immediate consequences: by three successive orders (Order No. 0957/MFPTDS of 30 March 2022, Order No. 1013/MFPTDS of 5 April 2022 and Order No. 1220/MFPTDS of 19 April 2022), the Minister for Public Service removed a total of 150 teachers from the cadre of education officials and seconded them to the Ministry of Public Service to meet "service needs" and because of "repeated actions and conduct incompatible with the skills and requirements of the teaching profession”.
12. 687. The Committee notes that the SET points out in this respect that "secondment" does not comply with the General Public Service Regulations, in particular article 102(3), insofar as the orders in question do not specify the duration of secondment or the procedures for reinstating the officials concerned, and articles 170 and 171. The disciplinary sanctions set out in the above-mentioned articles provide that the first-level sanctions in question are imposed following a clearly established procedure. A written request for explanations is sent to the public official concerned, setting out the allegations made against him/her and setting a deadline for reply; the sanction is imposed only after the official has replied or, in the absence of a reply, on expiry of the deadline set for the official. However, according to the complainant, the requests for explanations, which should have preceded the disciplinary sanctions, were instead sent to the teachers in question after the event, which, according to the complainant, rendered them unlawful and without legal basis.
13. 688. Noting that an appeal against abuse of power has been lodged with the Administrative Chamber of the Supreme Court against disciplinary measures by some of the teachers subjected to these disciplinary measures, the Committee requests the Government to provide information on the outcome of this appeal.
14. 689. The Committee notes, moreover, that the complainant alleges that, on 25 April 2022, the Minister for Public Service through three successive orders (No. 1245/MFPTDS, No. 1246/MFPTDS and No. 1247/MFPTDS) proceeded to remove, dismiss and impose a temporary suspension on most of the teachers subjected to the "secondment" orders (No. 0957/MFPTDS of 30 March 2022, No. 1013/MFPTDS of 5 April 2022 and No. 1220/MFPTDS of 19 April 2022). The Committee notes that of the 150 teachers concerned, 116 public officials and trainee public officials have been dismissed.
15. 690. The Committee notes that the Government indicates in this regard that the disciplinary proceedings against the teachers concerned were conducted in compliance with legislation in force and their right to be heard, and that at the end of these disciplinary proceedings, which involved representatives of the public officials concerned, the culpability of each public official was established, as well as the level of misconduct and appropriate sanctions.
16. 691. The Committee notes the Government’s statement that: (i) almost all of the persons concerned have, on numerous occasions and through steps freely taken, either directly or through trade union and civil society organizations, acknowledged unreservedly the materiality and even the seriousness of the offences of which they are accused, while expressing their regret and pleading for leniency. These are therefore facts and actions that are now "irrefutable and compelling"; (ii) the disciplinary or other measures against the persons concerned were taken only after numerous unsuccessful attempts and steps had been taken by the Government; and (iii) the teaching officials were subjected to disciplinary proceedings for professional misconduct and failings levelled at them that had nothing to do with the exercise of trade union freedoms.
17. 692. The Committee notes that the Government states that, at the end of the disciplinary proceedings, the situation was as follows: (i) 33 teachers were reinstated in their posts as their misconduct had not been sufficiently established; (ii) 29 teachers were temporarily suspended as they had been found guilty of first-degree disciplinary offences (minor professional misconduct). To date, the persons concerned have complied with the disciplinary measure and have returned to their government posts; (iii) 30 trainees, whose appointment to public service was still in process and who therefore did not enjoy full public servant status at the time of the events, were dismissed for serious disciplinary offences; and (iv) 86 fixed-term public officials also found guilty of serious disciplinary offences were dismissed.
18. 693. With regard to the letters seeking pardon and leniency referred to by the Government, the Committee notes from the information brought to its attention by the complainant on 20 June 2023 that some teachers had made an application for leniency from the Government with a view to being reinstated in their posts. The Committee observes that the mere fact that the SET intended to uphold its complaint before the Committee does not preclude ruling out at this stage the possibility of pressure being brought to bear on SET members. The Committee also notes the allegations made by the complainant in his communication dated 13 June 2023 concerning the "alarming" situation of the 116 teachers dismissed and the three "former detainees" of the SET, according to which, 13 months after the events, the authorities were determined to stifle the trade union movement by placing the victims in a very precarious situation.
19. 694. Recalling that no person should be dismissed or prejudiced in employment by reason of trade union membership or legitimate trade union activities, and that it is important to forbid and penalize in practice all acts of anti-union discrimination in respect of employment [see Compilation, para. 1075], the Committee requests the Government to provide the Disciplinary Board’s report of 22 April 2022, as referred to in Orders Nos 1245, 1246 and 1247/MFPTDS of 25 April 2022.
20. 695. The Committee also takes note of the allegations of threats and violent robberies, sometimes resulting in death, provided by the SET, namely the assassination of Mr N'Moigni Gnonkpa, the SET’s first Secretary-General, and the robberies and accidents involving three of his colleagues, Mr Mawuli Kokouvi Adjogble, Mr Mayigma Gbantchare and Mr Kokou Miwonounyue Mawouegna. Recalling that all appropriate measures should be taken to guarantee that, irrespective of trade union affiliation, trade union rights can be exercised in normal conditions with respect for basic human rights and in a climate free of violence, pressure, fear and threats of any kind [see Compilation, para. 73], the Committee requests the Government to provide information on any investigations carried out in this regard.
21. 696. Lastly, the Committee notes that the complainant alleges that, on the evening of 8 April 2022, Mr Kossi Kossikan, Mr Joseph Toyou and Mr Ditorga Sambara Bayamina, Deputy Secretary-General, Regional Secretary for Savanes and Representative of the Grand Lomé prefecture respectively, were arrested and detained at the premises of the central service for criminal research and investigations (SCRIC), before being remanded in custody by the dean of investigating judges of the Lomé court on 11 April. They are accused of inciting students and other persons to revolt, through inducements, threats, rallying orders or signals, based on a statement issued on 30 March 2022, which was neither signed nor recognized by SET officials. The Committee notes that, in its communication of 13 June 2023, the SET refers to them as "former detainees" and that, for its part, the Government explains that they are subject to criminal proceedings, including for aggravated public disorder offences resulting in the destruction of public and private property, violence and assault and battery.
22. 697. Recalling, on the one hand, that measures designed to deprive trade union leaders and members of their freedom entail a serious risk of interference in trade union activities and, when such measures are taken on trade union grounds, they constitute an infringement of the principles of freedom of association and, on the other, that penal sanctions should only be imposed if, in the framework of a strike, violence against persons and property or other serious violations of the ordinary criminal law are committed, and this, on the basis of the laws and regulations punishing such acts [see Compilation paras 124 and 955], the Committee requests the Government to provide information on the situation of Mr Kossi Kossikan, Mr Joseph Toyou and Mr Ditorga Sambara Bayamina, to indicate whether they have been convicted of a criminal offence and, if so, to provide copies of the relevant court decisions.