Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s first and second reports. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Measures adopted to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government, according to which a Memorandum of Understanding (MOU) between ILO/IPEC and the Government was signed in 2001. It also notes that the Government has embarked upon a procedure of reviewing Order No. 15/MFPT, of 6 December 1958, respecting child labour, through the introduction of provisions covering additional worst forms of child labour. The Committee requests the Government to continue providing information on the measures adopted and to indicate the impact of these measures on the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s indication that the respective legislative provisions are in the process of being prepared. It notes that in practice there is no provision in the current legislation prohibiting this worst form of child labour. However, it notes that section 78 of the Penal Code of 13 August 1980 penalizes any person who, against the will of the persons exercising parental authority, except upon the legitimate order of the public authority, abducts, misleads, removes or transfers a child from the place in which those exercising authority over the child have placed the child. It also notes that section 67 of the Penal Code penalizes any person engaged in practices likely to harm other persons.

The Committee notes that Togo prepared a preliminary draft of a Bill to define the trafficking of children on 23 January 2003. This draft text was adopted by the Secretary-General of the Government and will be submitted to the Council of Ministers of Justice, Labour and Social Affairs for signature before being examined by the Council of Ministers for approval. If it is approved by the Council of Ministers, the draft text will be submitted to the Legislative Assembly to be voted upon. The Committee also notes that a draft Children’s Code was forwarded to Parliament in 2002 and gave rise to the establishment, on 25 May 2002, of a National Commission for the Care and Social Integration of Child Victims of Trafficking.

The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children, both for economic exploitation and for sexual exploitation, are considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore hopes that the Bill on the trafficking of children will be adopted soon and that it will be in conformity with the principles set out above. It requests the Government to provide a copy of the text once it has been adopted. The Committee also requests the Government to provide information on the application in practice of the sections of the Penal Code referred to above.

2. Forced or compulsory labour. The Committee notes the information provided by the Government in its third report under the International Covenant on Civil and Political Rights (CCPR/C/TGO/2001/3, paragraph 125), according to which a preliminary draft of the Code of Rights and Duties of the Child addresses some of the contemporary forms of slavery-like practices. For example, in the field of international adoption, section 89 of this preliminary draft stipulates that the competent Togolese authorities shall take all appropriate measures to ensure that the placement of Togolese children in other countries does not entail trafficking. Similarly, in its provisions concerning the protection of child victims against violence, the preliminary draft refers to the protection of children against sale, smuggling and trafficking (sections 646 and 647). The Committee also notes that the preliminary draft of the Code of Rights and Duties of the Child punishes any person who uses children for begging. The Committee requests the Government to indicate whether the preliminary draft of the Code has been adopted and, if so, to provide a copy of it. It also requests the Government to provide a copy of any other provision adopted to prohibit and eliminate slavery or practices similar to slavery, and forced labour of young persons under 18 years of age.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that article 44 of the Constitution provides that all citizens have the duty to undertake national service under the conditions set out in the law. The Committee requests the Government to provide information on the age of recruitment to the armed forces and to provide a copy of the relevant legislative provisions.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 92 of the Penal Code penalizes any person who, with a view to satisfying the passions of another, encourages or engages one or more persons in prostitution, by means of promises, gifts or threats, fraud or violence. Section 94 provides that the penalties are increased if: (1) the guilty party has encouraged or engaged young persons in prostitution; or (2) the guilty party has resorted to violence to introduce or maintain persons in prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, under section 89 of the Penal Code, any person is penalized who exhibits in public, produces or sells with a view to public exhibition objects, images, films, sound or audio-visual recordings, which are offensive to decency, and who distributes or causes to be distributed on the public thoroughfare or through the post, or through door-to-door distribution, any books, brochures, catalogues, prospectuses, images, films, sound or audio-visual recordings which are offensive to decency, without the prior consent of those to whom they are destined; by means of words, writings or any other communication media, disseminates or causes to be disseminated publicly materials inciting practices that are contrary to morality. Section 12 of Order No. 15/MTAS-FP, of 6 December 1958, prohibits the employment of children in the production, maintenance or sale of writings, printed texts, posters, drawings, engravings, paintings, signs, images and other objects of which the sale, offering, exhibition, posting or distribution are such as to harm morals or exercise an unworthy influence. Section 13 of the same Order provides that it is also prohibited to employ young persons in any type of work in premises in which those types of work are carried on. The Committee is concerned that the prohibition in section 12 of the Order does not adequately prohibit the procuring or offering of a child for the production of pornography. The Committee therefore requests the Government to indicate the measures adopted to secure the prohibition of this worst form of child labour for all persons (girls and boys) under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the indication in the Government’s report that relevant texts are under preparation. It hopes that a text to prohibit the use, procuring or offering of young persons under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, will be adopted rapidly, in accordance with Article 3(c) of the Convention. It therefore requests the Government to provide a copy of such provisions once they have been adopted.

Clause (d). Types of hazardous work. The Committee notes that section 1 of Order No. 15/MTAS-FP, of 6 December 1958, respecting child labour, provides that in establishments of any nature, whether agricultural, commercial or industrial, public or private, lay or religious, even if those establishments are devoted to vocational training or welfare, including family enterprises or individual homes, it is prohibited to employ young persons of either sex under 18 years of age on work which exceeds their strength, presents risks of danger or which, by their nature or the circumstances in which they are carried out, are likely to harm their morals. Section 34 of the Order provides that children are subject to the care of the employer, a medical examination by the enterprise physician or, if none exists, an approved physician. The Committee also notes that the Order is currently under review. It therefore requests the Government to provide a copy of the new text once it has been adopted.

Self-employed workers. The Committee notes that, under the terms of sections 1 and 2, Ordinance No. 16 of 8 May 1974 issuing the Labour Code only governs individual and collective labour relations between employees and employers. The Committee notes that, under the terms of these provisions, the Labour Code does not apply to employment relations which are not derived from a contract, such as work by children on their own account. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of children engaged in a non-wage economic activity, such as work by children on their own account, against engagement in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes the information provided by the Government that the list of types of hazardous work is under preparation. The Committee also notes that the categories of work prohibited for young persons under 18 years of age are established by Order No. 15/MTAS-FP, of 6 December 1958, in Schedules A and B. The Committee further notes that section 2 of the above Order provides that in no case may children be employed on work carried on for more than eight hours a day. Section 3 provides that, in factories, manufacturing facilities, mines and quarries, worksites, workshops and their associated buildings, child workers and apprentices may not be employed in any form of night work between 10 o’clock in the evening and 5 o’clock in the morning. The Committee further notes that section 15 of the Order establishes the maximum weight of loads which may be carried, dragged or pushed by young persons under 18 years of age.

While noting this information, the Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, which provides that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, and in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of Recommendation No. 190 indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the list of hazardous types of work will be adopted rapidly and requests the Government to provide a copy once it has been adopted, after consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4, paragraph 1, of the Convention. When determining the hazardous types of work, the Committee hopes that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that the Government is still in the process of establishing or designating appropriate mechanisms to monitor implementation. However, it notes the establishment of a National Steering Committee for the Prohibition and Elimination of the Worst Forms of Child Labour. According to the Government’s report, this Committee is composed of the social partners, the public authorities and NGOs. It issues opinions on the action to be taken and evaluates the programmes of action proposed by other NGOs. The Committee further notes that section 143 of the Labour Code provides that inspectors of labour and labour laws must enforce the provisions issued in the field of labour. Section 144 of the Labour Code indicates that labour inspectors may at their own initiative inspect premises and conduct investigations. Section 150 of the Labour Code provides that inspectors may record, in reports that are presumed correct until proven to the contrary, infringements of labour law and regulations. They are empowered to refer matters directly to the competent judicial authorities. Section 151 of the Labour Code gives the labour inspectors wide powers to enter workplaces that are subject to inspection.

The Committee requests the Government to provide information on the activities of the labour inspectorate, particularly through extracts of reports or documents, and to indicate whether other mechanisms have been established or designated to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes, according to the information provided by the Government, that a programme of action has been commenced with the assistance of the social partners for child porters, child domestic workers, child apprentice carpenters and mechanics. It also notes the Government’s indication concerning the existence of awareness-raising campaigns for community leaders and the managers of public services, a training programme for trade union confederations on combating child labour and a programme to reinforce the capacity of the labour inspection services. The Committee further notes the existence of a National Plan to Combat the Trafficking of Children, formulated by the Ministry of Social Affairs in March 1999. The objective of this Plan is to compile full information on the phenomenon, reinforce structures and mechanisms for concerted action to combat child labour and the trafficking of children, reduce risk factors in communities through awareness-raising among the families of the children concerned and introduce microfinance programmes.

The Committee further notes that Togo is participating in the ILO/IPEC LUTRENA Programme (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa), which covers nine countries: Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. The Committee requests the Government to continue providing information on the implementation of these programmes of action.

Article 7, paragraph 1. Penalties. The Committee notes that section 67 of the Penal Code establishes a penalty of between one and five years of imprisonment for any person who engages in practices likely to harm other persons. Section 78 of the Penal Code establishes a penalty of from one to five years of imprisonment for any person who, against the will of the persons exercising parental authority, abducts, misleads, removes or transfers a young person. The Committee also notes that section 89 of the Penal Code provides that a penalty of imprisonment of between six months and two years and a fine of between 20,000 and 200,000 francs, or only one of these two penalties, shall be imposed upon any person who: (1) engages publicly in the exhibition of her or his sexual organs or in any other act which is offensive to decency; (2) exhibits publicly, produces or sells with a view to public exhibition objects, images, films, sound or audio-visual recordings which are offensive to decency; (4) by means of words, writings or any other means of communication, disseminates or causes to be disseminated publicly material inciting to practices that are contrary to morality. Section 90 adds that the objects, images, films, books, brochures, catalogues, prospectuses, sound or audio-visual recordings covered by the previous section shall in any event be seized and confiscated with a view to their destruction. Furthermore, those guilty may be deprived for a period of five or more years of the right to publish, sell or reproduce printed documents, recordings, films or images. The Committee also notes that section 91 of the Penal Code establishes a fine of between 2,000 and 30,000 francs for any person of either sex who publicly engages in soliciting with a view to prostituting her or himself. It also observes that section 92 of the Penal Code establishes a penalty of between one and five years of imprisonment and a fine of between 100,000 and 1,000,000 francs for any person who, with a view to satisfying the desires of another person, encourages or engages one or more persons in prostitution, by means of promises, gifts, threats, fraud or violence. Section 93 of the Penal Code provides that any person shall be considered to be a procurer and liable to the penalties established in the previous section who: (1) knowingly lives with a person habitually engaged in prostitution; (2) being in habitual relations with one or more persons engaged habitually in prostitution, cannot provide justification of the resources corresponding to her or his lifestyle; (3) places premises at the disposal of persons engaged in prostitution; (4) as a manager or employee in a hotel establishment, habitually tolerates in the establishment the presence of persons engaged in prostitution. Section 94 of the Penal Code adds that the sentence of imprisonment may be increased to ten years where: (1) the guilty person has encouraged or engaged young persons in prostitution; and (2) the guilty person has made use of violence to introduce or maintain persons in prostitution. The Committee notes that section 13 of the Penal Code provides that accomplices to a crime or offence shall be liable to the same penalty as the principal perpetrator, unless the law provides otherwise.

Article 7, paragraph 2. Effective and time-bound measures. (a) Preventing the engagement of children in the worst forms of child labour. The Committee notes that article 35 of the Constitution of 1992 provides that the State recognizes the right of children to education and shall create favourable conditions for this purpose. Article 35(2) of the Constitution provides that school is compulsory for children of both sexes up to the age of 15, and paragraph 3 of the same article provides that the State shall progressively ensure that public education is free of charge. The Committee notes the Government’s statement that school fees are reduced at the beginning of each school year to allow the poorest categories to have access to education.

(b) Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee notes that, according to the information provided by the Government in its report, various programmes of action have been commenced with the assistance of the social partners, in partnership with ILO/IPEC, to combat the exploitation of child porters, child domestic workers and child apprentice carpenters and mechanics. It notes that: 115 children out of 150 persons under 15 years of age have been removed from domestic work and reintegrated; 228 child porters aged between 9 and 14 years have been identified, of whom 111 children were enrolled in school for the year 2002-03; 114 apprentice mechanics, carpenters and welders between 8 and 17 years of age have been identified, and 69 master carpenters and mechanics trained in the regulations respecting child labour and the risks and dangers related to the work carried out.

The Committee notes, according to the information contained in the ILO/IPEC summary report of 2000 for the LUTRENA Programme against trafficking (page 13), that studies have shown that children from Togo are taken through Benin and Nigeria to Gabon. The Committee notes that, of 96 repatriated child victims of trafficking, 73 per cent were between 6 and 14 years of age, and 70 per cent were girls. It also notes that 76 per cent of the children questioned had dropped out of primary school, 46 per cent worked in trading and 31 per cent in the agricultural sector. However, the girls transported to Burkina Faso or Niger were all engaged as general helps in small restaurants. The Committee notes that, in the context of this programme, the social partners are in the process of compiling figures on the trafficking of children and that a data bank will be established with a view to raising the awareness of the population and improving understanding of this problem. The Committee requests the Government to provide information on the impact of the LUTRENA Programme in removing children from trafficking and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that HIV/AIDS has consequences for orphans, who are at greater risk of being engaged in the worst forms of child labour. It notes, according to the information provided by the Government in the report submitted to the Committee on the Rights of the Child (CRC/C/65/Add.27, paragraph 45), that the incidence of HIV/AIDS is 5.9 per cent and that a national anti-AIDS programme has been established covering orphans, among other groups. The Committee requests the Government to provide information on the impact of this programme and of other effective and time-bound measures adopted to improve the situation of these children.

Clause (e). Taking account of the special situation of girls. The Committee notes the information provided by the Government that it grants girls partial or total exemption from school fees. The Committee notes that, according to UNICEF, 39 per cent of girls who are of school age do not currently attend school or drop out of school.

The Committee further notes, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2003 (CRC/C/65/Add.27, paragraph 55), that Decree No. 058/MENR/MEFP, of 3 November 2000, provides for lower school fees for girls than for boys in order to encourage parents to send their daughters to school. The Committee also notes that, through the Togo/UNICEF cooperation programme for 1997-2001, and the concerted action by various NGOs, the school enrolment rate for young girls has increased in certain provinces. The programme intends to set up nurseries so that girls do not have to look after younger sisters and brothers and to provide additional financial support to cover school fees and supplies.

The Committee requests the Government to continue providing information on the effective and time-bound measures adopted and their impact on the prohibition and elimination of the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the competent authorities responsible for the implementation of the provisions giving effect to the Committee are the ministry responsible for labour and the labour inspection services. The Committee notes that the Government, in collaboration with ILO/IPEC, has established a programme of action to provide institutional support to reinforce capacities of the labour inspectorate to intervene in the field of child labour. It notes that 20 labour inspectors and controllers have been trained in the various forms of child labour, international standards and national regulations on child labour, and that six regional labour inspectorates have been provided with equipment and means of transport.

The Committee requests the Government to provide information on the activities of the Ministry responsible for labour and the labour inspectorate and to indicate the appropriate mechanisms that have been established to enforce the implementation of the provisions of the Convention. It also requests the Government to indicate the results achieved by the ILO/IPEC programme of action to reinforce the capacities of the labour inspectorate and its impact on the elimination of the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. 1. International cooperation. The Committee notes the Government’s indication in its report that it benefits from cooperation programmes and financial assistance from UNDP for the implementation of various measures to combat the worst forms of child labour and other aspects related to poverty. The Committee notes that Togo is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that Togo ratified the Convention on the Rights of the Child in August 1990. The Committee further observes that a Poverty Reduction Strategy Paper (PRSP) has been forwarded to the National Assembly for examination and adoption. The Committee notes that this document identifies the elimination of child labour and the trafficking of children as components of a poverty reduction strategy through the implementation of multi-sectoral activities to reduce the socio-economic and cultural factors which cause the emergence of the worst forms of child labour. It requests the Government to continue providing information on the adoption of the PRSP and its impact, particularly on the elimination of the worst forms of child labour, and especially the trafficking of children.

2. Regional cooperation. The Committee notes that an extradition treaty was adopted in 1984 between the Republic of Benin, the Republic of Ghana, the Republic of Nigeria and the Republic of Togo to facilitate the return of child victims of trafficking and the extradition of traffickers. Under this agreement, the police in these countries exchange information on the trafficking of children on their territory and collaborate in their repatriation (LUTRENA report, 2000, page 39).

Togo also ratified the African Charter on the Rights and Welfare of the Child in 1998. The Committee further notes that in December 2001 an initial plan of action was developed in Dakar by the Member States of the Economic Community of West African States (ECOWAS), which include Togo.

The Committee encourages the Government to continue to provide detailed information on enhanced international cooperation and/or assistance.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the information requested is not yet available. It requests the Government, as soon as they become available, to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.