Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Minimum Age Convention, 1973 (No. 138) - Togo (Ratification: 1984)

The Committee notes the information provided by the Government in its report. It notes that the Labour Code is currently under revision and requests the Government to provide information on the progress made in this work. It requests the Government to provide fuller information on the following points.

Article 1 of the Convention.  The Committee notes the information provided by the Government to the effect that a national tripartite seminar on the adoption of a national action plan and sectoral plans to combat child labour was held in Togo in March 2000. It also notes that the participants at this meeting adopted national and sectoral action plans against child labour. The Committee requests the Government to provide detailed information on the implementation of these action plans in practice. Furthermore, it would be grateful if the Government would provide copies of the above action plans.

Article 2, paragraph 1.  In its previous comments, the Committee noted that the provisions of section 114, in conjunction with section 2, of the Labour Code, which prohibit work by young persons of 14 years of age and under, only apply to work performed for and under the direction of an employer. The Committee once again reminds the Government that, under the terms of the Convention, the minimum age for admission to employment or work applies to any type of employment or work, including own-account work. The Committee also notes that, by virtue of Chapter IV of the draft Labour Code, unless otherwise provided in respect of apprentices, children of either sex may not be employed in any enterprise, nor perform any type of work before the age of 15 years, unless an exception is made by order of the minister responsible for labour, after consulting the National Labour Council and taking into account local circumstances and the work which they may be called upon to perform. The Committee hopes that the revision of the Labour Code will bring it into conformity with this Article of the Convention with a view to ensuring that work by children who have not reached the minimum age set out in the law is prohibited in activities performed on their own account.

Article 2, paragraph 2.  The Committee notes that the draft Labour Code raises the minimum age for admission to employment or work from 14 to 15 years. The Committee recalls that, under the terms of paragraph 2 of this Article, the Government may raise the minimum age specified when ratifying the Convention by notifying the Director-General of the ILO by means of a further declaration. The Committee hopes that the Government will send in the above declaration when the new Labour Code has been adopted.

Article 2, paragraph 3.  The Committee recalls that Article 2, paragraph 3, of the Convention provides that the minimum age for admission to employment or work shall not be less than the age of completion of compulsory schooling and, in any case, not less than 15 years. The Committee recalls that the Government has established the minimum age for admission to employment or work at 14 years. However, the Committee notes that, according to the information provided by the Government on the occasion of the examination of the initial report that it submitted at the 421st meeting of the Committee on the Rights of the Child (CRC/C/SR.421), in October 1997, the Government indicated that, despite provisions prohibiting the employment of children under 14 years of age, children under that age often find work in the informal sector or as farm labourers. The Government also indicated that, although the labour inspectorate is supposed to report such cases, practices are lax. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to ensure that children under 14 years of age are not employed in the informal sector, as domestic workers or as farm labourers. Furthermore, the Committee requests the Government to indicate the measures which have been taken to combat lax practices by the authorities responsible for ensuring the observance of legal provisions respecting child labour.

Article 3.  According to the information provided previously by the Government, the employment of young persons above the age of 16 years in activities which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of such persons is subject to special authorization by the labour inspector who will supervise their protection. The Committee also notes that, under the terms of the draft Labour Code, an order issued by the minister responsible for labour, following consultation of the National Labour Council, will determine the nature of the work and the categories of enterprises which are prohibited for young persons, and the age up to which this prohibition shall apply. The Committee once again recalls that the employment of young persons as from the age of 16 years in hazardous work cannot be authorized by laws or regulations or by the competent authority until the organizations of employers and workers have been consulted and only on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction in the relevant branch of activity. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to ensure that the revision of the Labour Code can be completed in the near future and will bring the legislation into conformity with this provision of the Convention.

Article 7.  The Committee notes that, under the terms of Chapter IV of the draft Labour Code, young persons over 15 years of age may perform light work during school holidays. Employers will be required to submit a prior declaration to the labour inspector, who will have a period of eight days to inform them of any disagreement. The Committee requests the Government to ensure that the provisions of the above draft text comply with this Article of the Convention.

Part V of the report form.  The Committee requests the Government to provide information on the application of the Convention in practice, including statistics on inspections carried out, violations reported and penalties imposed.