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TOGO.TXU
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TITLE: TOGO HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 6 Worker Rights
a. The Right of Association
The Constitution provides most workers the right to join unions
and the right to strike. Security forces, including firemen
and policemen, do not have these rights; government health care
workers may join unions but may not strike. The work force in
the formal (wage) sector is small, involving about 20 percent
of the work force, of whom 60 to 70 percent are union members
or supporters. There were no strikes in 1994.
There are several major trade union federations. The National
Confederation of Togolese Workers (CNTT), though no longer
formally affiliated with the Government, remains closely
associated with it. The Labor Federation of Togolese Workers
(CSTT) and the National Union of Independent Syndicates (UNSIT)
probably surpassed the CNTT in membership. Although
independent of any political party, they cooperated closely
with the opposition parties in the 1992-93 general strike,
which was primarily political in nature. During the general
strike, a new labor federation, the General Union of Free
Unions (UGSL) was formed by workers not in agreement with the
strike. This federation is made up primarily of supporters of
President Eyadema.
The Constitution prohibits discrimination against workers for
reasons of sex, origin, beliefs, or opinions. There is no
specific law prohibiting retribution against strikers. The
Government transferred many civil servants in the wake of their
participation in the 1993 general strike. Labor leaders and
opposition politicians denounced these transfers as arbitrary
and discriminatory.
Security forces threatened and harassed some labor leaders.
The authorities arrested and imprisoned union official Komi
Dackey. Another labor leader, Tchao Idrissou of the Unsyndito
Chauffeurs' Union, was kidnaped and murdered by unknown persons
for reasons which may have involved his union activities (see
Section 1.a.).
The various federations and unions are free to associate with
international labor groups. The CNTT and the UNSIT are
affiliates of the International Confederation of Free Trade
Unions.
b. The Right to Organize and Bargain Collectively
The Labor Code nominally provides workers with the right to
organize and bargain collectively. All formal (wage) sector
employees are covered by a collective bargaining agreement.
However, true collective bargaining is limited by the
Government's role in producing a single tripartite bargaining
agreement signed by the unions, management, and the
Government. This agreement sets wage standards for all formal
sector employees. Individual groups in the formal sector can
attempt through collective bargaining to negotiate a more
favorable package, and some do, but this is not common. The
CNTT had a role in the bargaining process in earlier years when
it was the de facto monopoly labor federation, but it acted
more as a spokesman for labor interests within the Government
and ruling party than as an independent labor federation.
The Labor Code prohibits antiunion discrimination. The
Ministry of Labor is charged with resolving labor-related
complaints but does not always do so effectively.
A 1989 law allows the establishment of export processing zones
(EPZ's). Many companies have EPZ status, and about 20 are
currently operating. The EPZ law provides exemptions from some
provisions of the Labor Code, notably the regulations on hiring
and firing. Employees of EPZ firms do not enjoy the same
protection against antiunion discrimination as do other workers.
c. Prohibition of Forced or Compulsory Labor
Although the law does not address this question, forced or
compulsory labor is not known to exist.
d. Minimum Age for Employment of Children
The Labor Code prohibits the employment of children under the
age of 14 in any enterprise. Some types of industrial and
technical employment require a minimum age of 18. Inspectors
from the Ministry of Labor enforce these age requirements, but
only in the formal sector in urban areas. In both urban and
rural areas, particularly in farming and petty trading, very
young children traditionally assist in their families' work.
e. Acceptable Conditions of Work
The Government sets minimum wages for different categories,
ranging from unskilled labor through professional positions.
Less than the official minimum wage is often paid in practice,
but mostly to less skilled workers. Official monthly minimum
wages range from approximately $27.50 to $45 (14,000 to 22,000
CFA francs). The minimum wage was established in 1987 and has
not been changed, despite the January CFA devaluation which
halved the value of the local currency in dollar terms. Many
workers cannot maintain a decent standard of living at the
lower official minimum wages, and many must supplement their
incomes through second jobs or subsistence farming. The
Ministry of Labor is ostensibly responsible for enforcement of
the minimum wage system but does not enforce the law in
practice. The Labor Code, which regulates labor practices,
requires equal pay for equal work, regardless of sex. However,
this provision is generally observed only in the formal sector.
Working hours of all employees in any enterprise, except for
agricultural enterprises, normally must not exceed 40 hours per
week; at least one 24-hour rest period per week is compulsory,
and workers must receive 30 days of paid leave each year. The
law requires overtime payments, and there are restrictions on
excessive overtime. The Ministry of Labor's enforcement is
weak, however, and employers often ignore these provisions.
A technical consulting committee in the Ministry of Labor sets
health and safety standards in the workplace. It may levy
penalties on employers who do not meet the standards, and
employees ostensibly have the right to complain to labor
inspectors of unhealthy or unsafe conditions without penalty.
In practice, the Ministry's enforcement of the various
provisions of the Labor Code is limited. Larger enterprises
must legally provide medical services for their employees and
usually attempt to respect occupational health and safety
rules, but smaller firms often do not.