Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Togo (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that Act No. 2005-009 of 3 August 2005 concerning the trafficking of children (2005 Trafficking of Children Act) places an effective prohibition on the sale and trafficking of children. However, the Committee noted the allegations of the International Trade Union Confederation (ITUC) to the effect that national and international trafficking of children for domestic work existed in Togo. In reply, the Government indicated that efforts were continuing with a view to eliminating the trafficking of children in Togo and that several individuals had been prosecuted and convicted for the trafficking of children. However, the Committee noted that children from poor and rural areas continued to be particularly vulnerable to trafficking inside and outside Togo for domestic and agricultural work and sexual exploitation, and that the internal trafficking and sale of thousands of children, which often take place through the practice of confiage (placement of rural children with urban relatives mainly for domestic work), have been and continue to be largely ignored. Moreover, the Committee noted the fact that the prosecution of traffickers is rare, some traffickers obtain release owing to the corruption of state officials and, in cases where traffickers are prosecuted, they are given light sentences.

The Committee notes the Government’s indication in its report that it is endeavouring to prosecute and convict persons who commit violations under Act No. 2005-009. The Government indicates that in 2013 there were 81 investigations, 62 prosecutions and 40 convictions relating to the trafficking of children. In 2015, the Government recorded 112 investigations, 101 prosecutions and 60 convictions. The Committee requests the Government to continue its efforts to eliminate the trafficking of children and to take the necessary steps to ensure the thorough investigation and effective prosecution of all persons who engage in the sale and trafficking of children under 18 years of age and ensure that penalties constituting an effective deterrent are imposed in practice. The Committee requests the Government to continue providing information on the number of investigations conducted, prosecutions carried out and convictions obtained under the 2005 Trafficking of Children Act, indicating the type of penalties imposed.

Clauses (a) and (d). Forced or compulsory labour and hazardous types of work. Child domestic work. The Committee previously noted that section 151(1) of the Labour Code of 2006 prohibits forced labour, which is defined as one of the worst forms of child labour. It also noted that, according to Order No. 1464/MTEFP/DGTLS of 12 November 2007 (Order No. 1464) determining the types of work prohibited for children, domestic work is considered to be a hazardous type of work prohibited for children under 18 years of age. However, the Committee noted the ITUC’s communication reporting that there are thousands of child domestic workers in Togo, the large majority of whom are girls from poor and rural areas of the country who perform various potentially hazardous household tasks in private homes. These children who live in the house of their employers, are dependent on the latter, and are isolated from their families, which makes them vulnerable to abuse and forced labour.

The Committee notes with regret the lack of information from the Government on the application of the provisions relating to this worst form of child labour. It is bound to remind the Government once again that, under the terms of Article 3(a) and (d) of the Convention, work or employment of children under 18 years of age under conditions similar to slavery or under hazardous conditions is among the worst forms of child labour and that, under Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee urges the Government to take immediate and effective measures to ensure the effective application of the national legislation so that children under 18 years of age who perform domestic work do not work under conditions similar to slavery or under hazardous conditions, and benefit from the protection afforded by the national legislation. In this respect, it urges the Government to provide information on the application of the provisions relating to this worst form of child labour, including statistics on the number and nature of reported violations, investigations, prosecutions, convictions and criminal penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. 1. Sale and trafficking of children. In its previous comments, the Committee noted that a National Commission for the Care and Social Reintegration of Child Victims of Trafficking (CNARSEVT) had been established. The CNARSEVT was successful in identifying 281 child victims of trafficking (194 girls and 87 boys), of whom 225 were intercepted before arrival at their destination and 53 were repatriated to Nigeria, Benin and Gabon.

The Committee notes that the Government does not provide any information on the results achieved through the activities of the CNARSEVT. However, it indicates that as a result of various action programmes, 840 families of child victims of trafficking have received financial assistance and support in developing income-generating activities with a view to improving their living conditions. The Government also indicates that an anti-trafficking unit comprising five magistrates has been established and that this unit can be consulted on any question relating to the trafficking of persons, especially women and children. The Committee requests the Government to provide information on the impact of the anti-trafficking unit in terms of removing children from this worst form of child labour and ensuring their rehabilitation and social integration. It also requests the Government once again to provide information on the activities of the CNARSEVT and on the results achieved in terms of the number of child victims of trafficking who have been repatriated, cared for and reintegrated.

2. Domestic work. The Committee previously noted that, under the ILO–IPEC project to use education to combat the exploitation of child labour in Togo (ILO–IPEC–CECLET), an action programme has been implemented for the protection and school enrolment of 200 girls withdrawn from domestic work in Lomé and the establishment of protection mechanisms for 300 girls at risk in the prefectures of Sotouboua-Blitta and Agou. As part of this action programme, 662 girls between 6 and 17 years of age have been enrolled in school.

The Committee notes the Government’s indication that 11 action programmes are under way in various regions and districts in the country, some of which are designed to cater for child victims of domestic work. However, the Government does not supply any details of the content or impact of programmes specifically established to remove children from domestic work. The Committee strongly encourages the Government to continue taking immediate and effective measures to remove children from domestic work, one of the worst forms of child labour, and requests it to provide details of the measures taken, and the number of children who have actually been removed from this worst form of child labour and socially rehabilitated.

Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. In its previous comments, the Committee noted the Government’s statement that, in the context of the ILO–IPEC–CECLET project, a national awareness-raising campaign on schooling for children and non-discrimination towards HIV/AIDS victims has been implemented. Moreover, support for reintegration in school has been given to 300 children under 15 years of age, including 200 children in vulnerable situations as a result of HIV/AIDS and 100 girls not attending school in the five districts of Lomé.

The Committee notes that the Government’s report does not contain any new information on the measures taken to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour. However, it notes with concern that, according to UNAIDS estimates, the number of HIV/AIDS orphans was put at 68,000 in 2015. The Committee, therefore, once again urges the Government to intensify its efforts to ensure that HIV/AIDS orphans receive such protection as to prevent their engagement in the worst forms of child labour. It requests the Government to supply information on the measures taken and the results achieved in this respect.

The Committee is raising other matters in a request addressed directly to the Government.