ECOWAS Court Affirms Violation of Work Rights Of 53 Togolese By The State

The Economic Community of West African States (ECOWAS) Court of Justice ruled that the Togolese Republic violated Abiguime Maguiliwè and 52 others’ right to work.

The applicants claimed that the Republic of Togo violated their right to work, freedom of association, and the right not to be arbitrarily detained.

Justice Ricardo Claúdio Monteiro Gonçalves, the judge Rapporteur who delivered the judgement, stated that the Court dismissed the allegations regarding the right to free association.

The Court also found no violations of the right to strike or the right not to be arbitrarily detained. However, it ordered the Republic of Togo to pay 10,000,000 CFA francs to each of the 53 Applicants for violating their right to work, while rejecting the remaining claims for compensation.

The Applicants, a group of Togolese teachers, claimed that despite forming the Togolese Teachers’ Union (SET) on May 22, 2021, and submitting the necessary documents on June 18, 2021, the Togolese authorities refused to recognise the union.

They claimed that despite sending a “Platform of Demands” on February 3, 2022, and issuing a strike notice for March 24-25, 2022, SET received no response and was threatened and intimidated by authorities.

They also stated that 150 teachers were transferred as disciplinary action between March and April 2022, and three union leaders were arrested on April 8, 2022, on charges of inciting uprising, which they denied.

They stated that on April 25, 2022, some teachers were fired or suspended for participating in the strike. Furthermore, the Court of Lomé prohibited the use of the acronym “SET,” which the Applicants challenged, arguing that protection should be based on the name or domain, not the acronym.

Despite being duly summoned, the Respondent declined to contest it.

In its decision, the Court determined that the Republic of Togo violated the Applicants’ right to work. Togolese authorities had dismissed and temporarily suspended several teachers, including the Applicants, for participating in the strike.

The Court determined that these actions did not follow a fair process and violated their right to work. As a result, the Republic of Togo was ordered to pay each Applicant 10,000,000 CFA francs in compensation for this violation.

The Court also determined that the Applicants’ right to freedom of association had not been violated. The Togolese Teachers’ Union (SET) was not recognised because the applicants failed to follow the updated procedures required by the new Labour Code, which went into effect on the day SET was formed.

Furthermore, the Court discovered no violation of the right to strike. Because the SET was not legally recognised, the suspension and dismissal of its members for participating in a strike was considered legal under Togolese law.

Furthermore, the Court determined that the detention of three SET members accused of inciting revolt did not violate their rights. The detentions were conducted by legal procedures, and the detainees were released within the time frame prescribed by law.

Hon. Justice Edward Amoako Asante – Presiding, and Hon. Justice Sengu Mohamed Koroma – Member, were also on the three-member panel.