The applicants, a group of Togolese teachers, alleged that their right to work, freedom of association, and protection from arbitrary detention were violated by Togolese authorities. They formed the Togolese Teachers’ Union (SET) on May 22, 2021, but faced refusal of recognition, threats, and intimidation. Despite their “Platform of Demands” and strike notice, authorities did not respond and instead transferred 150 teachers as disciplinary action, arrested three union leaders, and dismissed or suspended teachers involved in the strike.
Justice Ricardo Claúdio Monteiro Gonçalves, the judge Rapporteur, announced that the Court found no violations of the right to freedom of association, the right to strike, or protection from arbitrary detention. However, the Court confirmed that the Republic of Togo violated the teachers’ right to work by unfairly dismissing and suspending them due to their strike participation. The Court ordered Togo to compensate each applicant with 10,000,000 CFA francs.
The Court ruled that SET’s lack of recognition was due to non-compliance with the updated Labour Code procedures and thus did not violate the right to freedom of association. It also determined that the suspensions and dismissals were lawful since SET was not legally recognized. Additionally, the Court found that the detention of three SET members followed due legal process.
The judgment was delivered by Justice Gonçalves, with Hon. Justice Edward Amoako Asante presiding and Hon. Justice Sengu Mohamed Koroma as a panel member. The Respondent, the Togolese Republic, did not contest the case despite being duly summoned.
