Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 3(a) and Article 7(1) and (2)(a) and (b) of the Convention. Sale and trafficking of children and penalties. Effective and time-bound measures for prevention, assistance and removal of children from the worst forms of child labour. In its previous comments, the Committee noted that Act No. 2005-009 of 3 August 2005, concerning the trafficking of children prohibits the sale and trafficking of children. However, children living in poor and rural areas continued to be particularly vulnerable to trafficking inside and outside Togo for domestic and agricultural work and sexual exploitation, and the internal trafficking and sale of children have continued to be largely ignored. Traffickers rarely appear to be prosecuted; some are released owing to the corruption of State officials or are given light sentences. The National Commission for the Shelter and Social Reintegration of Child Victims of Trafficking (CNARSEVT) succeeded in identifying 281 child victims of trafficking, of whom 53 were repatriated, from Nigeria, Benin and Gabon. As a result of various action programmes, 840 families of child victims of trafficking received financial assistance and support in developing income-generating activities with a view to improving their living conditions. An anti-trafficking unit comprising five magistrates was established.

The Committee notes the Government’s indication in its report that in 2016, child protection structures registered 1,723 child victims of cross-border trafficking. There were 609 child victims of internal trafficking. Furthermore, 551 child victims of trafficking were socially reintegrated through school enrolment and 182 received vocational training. In that year, the Government recorded 47 investigations, 33 prosecutions and 22 convictions. In 2018, 49 cases were investigated and prosecuted and eight convictions were handed down. A project to combat child sex trafficking being implemented in the prefecture of Anié since 2018 will make it possible, during the period from March 2018 to February 2020, to train 1,350 students on trafficking issues and to provide 1,075 adults and 75 young people with training and direct assistance in the form of a kit for savings and the creation of income-generating activities. However, the Committee notes the Government’s indication that there are difficulties relating to the punishment of traffickers who, increasingly, are developing strategies and methods of operation beyond the reach of the law enforcement agencies. Furthermore, as a result of financial difficulties it is not possible to ensure the social and occupational rehabilitation of all child victims. The Committee encourages the Government to intensify its efforts to combat trafficking in children. It requests the Government to take the necessary measures to ensure that thorough investigations are carried out, prosecutions brought and sufficiently effective and dissuasive penalties imposed in trafficking cases involving persons under the age of 18 years. Please provide detailed information on the number and nature of convictions handed down and criminal penalties imposed. Noting the absence of information in this regard in the report, the Committee once again 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 to continue to provide information on the results achieved in terms of the number of child victims of trafficking who have been repatriated, provided with care and reintegrated.

Article 3(a) and (d) and Article 7(2)(b). Forced or compulsory labour and hazardous work and effective and time-bound measures. 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, determining the types of work prohibited for children, domestic work is considered to be a hazardous type of work prohibited for children under the age of 18 years. However, noting 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, the Committee noted with regret the lack of information from the Government on the application of the provisions relating to this worst form of child labour.

The Committee notes the recent conclusions of the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, on her visit to Togo from 27 to 31 May 2019, according to whom the domestic servitude of children remains a national problem. Although boys are also subject to forced labour in the construction, mining and agricultural sectors and in engineering workshops, girls are disproportionately affected by domestic servitude. This situation is consistent with social norms that continue to discriminate against women. Noting with deep regret the absence of information from the Government in this regard in its report, the Committee is bound to remind the Government once again that, under the terms of Article 3(a) and (d) of the Convention, the work or employment of children under the age of 18 years under conditions similar to slavery or under hazardous conditions constitute 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 do not perform domestic work, giving full application to order No. 1464/MTEFP/DGTLS of 12 November 2007, and, in practice, do not work under conditions similar to slavery or under hazardous conditions. In this respect, it once again urges the Government to provide information on the application of the provisions relating to these worst form of child labour, including statistics on the number and nature of reported violations, investigations, prosecutions, convictions and criminal penalties imposed. Furthermore, the Committee strongly encourages the Government to take immediate and effective measures to remove child victims from domestic work, one of the worst forms of child labour, and requests it to provide detailed information on the measures taken and on the number of children actually removed from this worst form of child labour and socially rehabilitated.

Article 7(2) of the Convention. Effective and time-bound measures. 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 84,000 in 2018. 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.