Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - Togo (Ratification: 1999)

Article 1(a) of the Convention. Imposition of prison sentences involving an obligation to work as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that under section 68 of the Penal Code (Act No. 2015-010 of 24 November 2015), persons sentenced to imprisonment are subjected to the obligation to work. It noted that the following items of legislation establish penalties of imprisonment of three months to one year: (i) Penal Code: sections 301 and 302, concerned with insulting the President or members of the Government or other public authorities; sections 491 and 492, concerning insults towards representatives of the public authority; and sections 540 and 665, concerned with the organization of demonstrations on public thoroughfares; and (ii) Charter of Political Parties: section 25, concerning persons who lead or run a political party in violation of the provisions of the Charter. The Committee asked the Government to provide information on the application of the above-mentioned sections in practice.

The Committee notes the Government’s indications in its report that in practice the court of first instance has never issued judgments on the basis of, or pursuant to, sections 301, 302, 491, 492, 540 and 665 of the Penal Code. As regards the application in practice of section 25 of the Charter of Political Parties, the Government indicates that the Directorate of Public Freedoms and Political Affairs has been assigned the task of studying files for the recognition of political parties and the out-of-court settlement of disputes. The Committee requests the Government to provide information on the application in practice of section 25 of the Charter of Political Parties (Act of 1991) and of sections 301, 302, 491, 492, 540 and 665 of the Penal Code, indicating the number of convictions handed down on the basis of these provisions, the material facts behind the convictions and the type of penalties imposed.

Article 1(d) and (e). Imposition of prison sentences including an obligation to work as punishment for participation in strikes and as a means of racial, social, national or religious discrimination. In its previous comments, the Committee drew the Government’s attention to a number of provisions of the Act of 1 July 1901 concerning contracts of association, which provide for prison sentences that include the obligation to work in circumstances falling within the scope of the Convention. The Committee asked the Government to provide information on the application of the following provisions in practice:

• -section 8(1), which provides that any person who has contravened the provisions of section 5 shall be punished with a fine of 16 to 200 CFA francs, the amount of the fine being doubled for a repeat offence (section 5 concerns the formalities for prior declaration, changes that have occurred in an association’s administration or management, and modifications that have been made to its regulations, read in conjunction with section 36 of the Penal Code);
• -section 8(2), which provides that the founders, directors or administrators of an association which has been illegally maintained or reconstituted after the judgment of dissolution shall be punished with a fine of 16 to 5,000 CFA francs and imprisonment of six days to one year, and section 8(3), which provides that any persons who have facilitated meetings of members of the dissolved association by granting them the use of premises available to them shall be liable to the same penalty;
• -section 15, which provides for the penalties established in section 8(2) for the representatives or directors of a religious congregation who have not complied with the provisions concerning the keeping of a list of the congregation members and the presentation of such a list at the request of the prefect.

The Committee notes that there is no information on this matter in the Government’s report. The Committee once again requests the Government to provide information on the application in practice of the above-mentioned provisions and to send a copy of any court ruling issued on this basis.

Article 1(d). Requisitioning of public officials in the event of a strike. In its previous comments, the Committee noted that sections 244 and 245 of the Public Service Regulations (21 January 2013) provide for the requisitioning of public officials in the event of a strike, and that the posts and jobs concerned would be identified in a decree. Even though the new provisions restrict the power of requisition to cases where the officials concerned occupy posts that are essential to the security of people and property, to the maintenance of public order, to the continuity of public services or to meeting the nation’s essential needs, the Committee noted that officials who do not comply with a requisition order are liable to six days’ imprisonment and/or a fine. The Committee recalled that the power of requisition should be limited to exceptional circumstances, including in services that are essential in the strict sense of the term, namely services the interruption of which would endanger the life, safety or health of the whole or part of the population. The Committee therefore asked the Government to take this restriction into account when adopting the decree defining the posts of officials subject to requisitioning.

The Committee notes that there is no information on this matter in the Government’s report. The Committee once again requests the Government to indicate whether the decree defining the posts of officials subject to requisitioning has been adopted and, if so, to specify the provisions defining requisitioning. The Committee also requests the Government to send a copy of the above-mentioned decree.