Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the adoption of Act No. 2006-010 of 13 December 2006 issuing the Labour Code (the Labour Code of 2006) which repeals the Labour Code of 8 May 1974, as well as the adoption of Order No. 1464/MTEFP/DGTLS of 12 November 2007 determining the types of work prohibited for children, which repeals Order No. 15/MTAS-FP of 6 December 1958.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. Further to its previous comments, the Committee notes the information provided by the Government to the effect that a national policy for the protection of children and a five-year strategic plan (2008–13) were prepared in 2008 to serve as a reference framework for the preparation and implementation of child protection programmes. Among the expected results at the halfway stage of the implementation of the five-year strategic plan, the Committee observes that it is envisaged that 25,000 children and their parents in situations of extreme vulnerability will benefit from support and social assistance measures, with the strengthening of the capacities of 40 social centres and 14 education, activation and training centres for underprivileged young persons outside the school system. It is also expected that by 2013 a total of 2,400 children at risk between the ages of 12–17 years will benefit from a national programme of training, integration and assistance for the commencement of occupational activities. The Committee further notes that the Government is currently participating in a project to combat child labour through education implemented with the support of ILO–IPEC. It notes from the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that various action programmes have been adopted in the context of this project, including the implementation of measures to prevent the use of children as porters and for the removal and reintegration of 625 child porters from the markets of the city of Lomé and the protection and integration into the school system of 200 children removed from domestic work in the city of Lomé, as well as strengthening the capacities of community structures for the removal and social reintegration of 1,800 children engaged in hazardous agricultural work. According to the technical progress report for the project of September 2010, a total of 3,063 children have been prevented from working through the provision of educational services and 719 children were removed from work between the months of March and August 2010.

While taking due note of the measures adopted by the Government for the abolition of child labour, the Committee notes that, according to UNICEF statistics for the years 1999–2008, 29 per cent of children between the ages of 5 and 14 years are engaged in work in Togo. According to the report of the quantitative survey undertaken in four economic regions of the country (Maritime, Plateau, Central and Lomé) in 2009–10 by the General Directorate of National Statistics and Accounting, which was attached to the Government’s report under Convention No. 182, children principally work in the agricultural sector, household work and the urban informal economy. Moreover, the majority of children working in these three sectors are between 5–14 years of age. Expressing its concern at the number of children who work and whose age is lower than the minimum age for admission to employment or work, the Committee requests the Government to continue its efforts to combat child labour, affording particular attention to children engaged in work in agriculture and the informal economy. It requests the Government to continue providing information on the number of children between the ages of 5–14 years who are prevented from prematurely entering the labour market and on the number of children removed from work in the context of the current action programmes.

Article 2(1). Scope of application. With reference to its previous comments, the Committee notes with satisfaction that section 150 of the Labour Code of 2006 provides that children under 15 years of age may not be employed in any enterprise or perform any type of work, even on their own account. The Committee requests the Government to provide information on the measures adopted or envisaged, including strengthening the capacities of the labour inspection services, with a view to ensuring the protection afforded by the Labour Code of 2006 to children who work on their own account or in the informal sector.

Minimum age for admission to employment or work. The Committee notes that, under section 150 of the Labour Code of 2006, the minimum age for admission to employment or work is set at 15 years, unless derogations are envisaged by order of the Minister responsible for labour. It notes the Government’s indication that, in accordance with section 150 of the Labour Code, an order derogating from the minimum age for admission to employment has been prepared and is awaiting approval by the National Council for Labour and Labour Laws, which includes membership by employers’ and workers’ organizations. The Committee requests the Government to provide additional information on the nature of the exceptions covered by the Order derogating from the application of section 150 of the Labour Code of 2006 and requests it to provide a copy of the Order as soon as possible.

Article 2(2). Raising the minimum age initially specified. The Committee notes that Togo initially specified a minimum age for admission to employment or work of 14 years when it ratified the Convention. It notes with interest that section 150 of the Labour Code of 2006 provides that, “subject to the provisions respecting apprenticeship, children of either sex may not be employed in any enterprise or perform any type of work, even on their own account, before the age of fifteen (15) years”. It draws the Government’s attention to the fact that Article 2(2) of the Convention envisages the possibility for a State which decides to raise the minimum age for admission to employment or work initially specified to notify the Director-General of the International Labour Office by a further declaration with a view to harmonizing the age established in the national legislation with that envisaged at the international level.

Article 2(3). Age of completion of compulsory schooling. With reference to its previous comments, the Committee notes that article 35 of the Constitution of 1992 provides that schooling is compulsory up to the age of 15 years, which coincides with the minimum age for admission to employment or work set out in section 150 of the Labour Code of 2006.

Article 3(1) and (2). Minimum age for admission to hazardous types of work and determination of such types of work. Further to its previous comments, the Committee notes that section 151(4) of the Labour Code of 2006 provides that children may not be assigned to types of work which are liable to harm their health, safety or morals. Furthermore, it notes with satisfaction that Order No. 1464/MTEFP/DGTLS of 12 November 2007 (Order No. 1464), adopted following consultation of the National Council for Labour and Labour Laws, determines the nature of the types of work prohibited for children under section 151(4) of the Labour Code of 2006 and that it contains in annex a list of the types of work on which it is prohibited to employ children under 18 years of age.

Article 3(3). Admission to hazardous work from the age of 16 years. Further to its previous comments, the Committee notes that certain provisions of Order No. 1464 authorize the employment of children from the age of 16 years on work likely to harm their health, safety or morals. For example, under section 9 of Order No. 1464, children may be engaged to operate vertical wheels, winches and pulleys from the age of 16 years, and section 11 authorizes the employment of young girls of 16 years of age on the external displays of shops and boutiques. The Committee also notes that section 12 authorizes children over 15 years of age to carry, drag or push loads of a weight of up to 140 kgs for boys of 15 years of age employed in transport by wheelbarrow. It also observes that no protection measures are envisaged relating to the performance of these types of work. The Committee reminds the Government that, under the terms of Article 3(3) of the Convention, national laws or regulations may, after consultation with employers’ and workers’ organizations, authorize the performance of hazardous types of work as from the age 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore requests the Government to provide information on the measures adopted to ensure that the conditions set out in Article 3(3) of the Convention are fully guaranteed for young persons between 16–18 years of age engaged in the types of work covered by Order No. 1464. It also requests the Government to take the necessary measures to ensure that the legislation is in conformity with the Convention by guaranteeing that in no case may the performance of hazardous types of work be authorized for children under 16 years of age.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the information provided by the Government that a revision of the Labour Code is under way and that a technical committee responsible for reviewing the draft text has become operational. It also noted that the procedure for the revision of Order No. 15/MTFP of 6 December 1958 respecting child labour is under way. The Committee requests the Government to keep it informed of the progress made in this work, and to provide a copy of the new texts as soon as they are adopted.

Article 1 of the Convention. National policy on the elimination of child labour. The Committee noted with interest the information provided by the Government on the action plans to combat child labour. It noted that the objective of the Government is to raise the awareness of the main stakeholders (parents, children, employers, trade unions, traditional and religious authorities and public opinion) of the phenomenon of child labour and that for this purpose, public awareness campaigns have been carried out. The Government indicated that sectoral action plans in the targeted fields followed the public awareness campaigns, and are currently being implemented through various programmes. These include a programme to combat the exploitation of girls in domestic work, as well as the use of children as porters in Lomé and a capacity building programme to strengthen the capacity of trade unions to combat child labour. It also noted that other action plans are in the process of being adopted and that copies of these plans will be transmitted as soon as they are available. The Committee requests the Government to continue to supply detailed information on the formulation, implementation and practical results of these action plans.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee recalled, as an indication only, that the Government specified a minimum age of 14 years for admission to employment or work when ratifying the Convention. In response to the previous comments of the Committee concerning the employment of children under 14 years of age in the informal sector as domestic workers or agricultural labourers and the lax practices of the labour inspectors responsible for reporting such cases, the Government indicated that a programme to reinforce the intervention capacities of labour inspectors had been designed within the framework of the IPEC project, and that it will soon be implemented. The Committee notes this initiative with interest and requests the Government to keep it informed of progress of the project and its impact in reducing child labour by young persons below 14 years of age in the informal sector.

Article 3, paragraph 1. 1. Minimum age for admission to hazardous work. The Committee noted that a draft order to raise the minimum age from that currently specified of 18 years for admission to employment likely to jeopardize the health, safety or morals of young persons, is being prepared and will be submitted to the National Council of Labour and Labour Legislation (a tripartite advisory body, section 170 of the Labour Code) for comments.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee noted previously the information provided by the Government concerning the employment of young persons above the age of 16 years in activities which, by their nature or circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of such persons, and in particular that admission to such employment is subject to special authorization by the labour inspector to ensure their protection. The Committee also noted that, by virtue of the draft Labour Code, an order of the minister responsible for labour issued on the advice of the National Council for Labour and Labour Legislation, will establish the nature of the work and the categories of the enterprises prohibited to young persons and the age up to which the prohibition will apply. The Committee noted that Order No. 15/MTAS-FP of 6 December 1958 contains various tables of the types of work prohibited to young persons below the age of 18 years. The Committee noted, nevertheless, that certain provisions of the above text authorize the employment of young persons from the age of 16 years in activities that could be considered as hazardous, and without any protection being envisaged. By way of example, the following types of work may be mentioned: operating vertical wheels, winches and pulleys (section 25 of Order No. 15/MTAS-FP of 6 December 1958); operating steam valves (section 26); work performed on scaffolding (section 28); the performance of hazardous feats of strength and contortionism (section 29). It is also forbidden to employ young persons below the age of 16 years as doublers for rolling mills and in drawing out wire rods, unless the work is protected by machine guards (section 27). It can therefore be deduced that children over the age of 16 have no protection, which appears to also be the case for the types of work mentioned above. Furthermore, children over 15 years of age can be admitted to work using bandsaws, upon the written authorization, delivered after investigation, by the inspector for labour and labour legislation, and which can be rescinded (section 22). The Committee once again reminded the Government that, in accordance with Article 3(3) of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 to types of hazardous employment or work constitutes an exception to the general principle of fixing the minimum age of 18 for admission to these types of employment (Article 3(1) of the Convention), and must therefore only be applied in a restrictive manner. The Committee therefore requests the Government to take the necessary measures when elaborating the new Labour Code to bring its legislation into conformity with this provision of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied, by providing, for example, statistics on the employment of children and young persons, extracts of the reports of the labour inspection services and details of the number and nature of the violations reported and the sanctions imposed.

The Committee requests the Government to provide information on the progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the information provided by the Government that a revision of the Labour Code is under way and that a technical committee responsible for reviewing the draft text has become operational. It also noted that the procedure for the revision of Order No. 15/MTFP of 6 December 1958 respecting child labour is under way. The Committee requests the Government to keep it informed of the progress made in this work, and to provide a copy of the new texts as soon as they are adopted.

Article 1 of the Convention. The Committee noted with interest the information provided by the Government on the action plans to combat child labour. It noted that the objective of the Government is to raise the awareness of the main stakeholders (parents, children, employers, trade unions, traditional and religious authorities and public opinion) of the phenomenon of child labour and that for this purpose, public awareness campaigns have been carried out. The Government indicated that sectoral action plans in the targeted fields followed the public awareness campaigns, and are currently being implemented through various programmes. These include a programme to combat the exploitation of girls in domestic work, as well as the use of children as porters in Lomé and a capacity‑building programme to strengthen the capacity of trade unions to combat child labour. It also noted that other action plans are in the process of being adopted and that copies of these plans will be transmitted as soon as they are available. The Committee requests the Government to continue to supply detailed information on the formulation, implementation and practical results of these action plans.

Article 2. Minimum age for admission to employment or work. The Committee recalled, as an indication only, that the Government specified a minimum age of 14 years for admission to employment or work when ratifying the Convention. In response to the previous comments of the Committee concerning the employment of children under 14 years of age in the informal sector as domestic workers or agricultural labourers and the lax practices of the labour inspectors responsible for reporting such cases, the Government indicated that a programme to reinforce the intervention capacities of labour inspectors had been designed within the framework of the IPEC project, and that it will soon be implemented. The Committee notes this initiative with interest and requests the Government to keep it informed of progress of the project and its impact in reducing child labour by young persons below 14 years of age in the informal sector.

Article 3. 1. Minimum age for admission to hazardous work. The Committee noted that a draft order to raise the minimum age from that currently specified of 18 years for admission to employment likely to jeopardize the health, safety or morals of young persons, is being prepared and will be submitted to the National Council of Labour and Labour Legislation (a tripartite advisory body, section 170 of the Labour Code) for comments.

2. Admission to hazardous work from the age of 16 years. The Committee noted previously the information provided by the Government concerning the employment of young persons above the age of 16 years in activities which, by their nature or circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of such persons, and in particular that admission to such employment is subject to special authorization by the labour inspector to ensure their protection. The Committee also noted that, by virtue of the draft Labour Code, an order of the minister responsible for labour issued on the advice of the National Council for Labour and Labour Legislation, will establish the nature of the work and the categories of the enterprises prohibited to young persons and the age up to which the prohibition will apply. The Committee noted that Order No. 15/MTAS-FP of 6 December 1958 contains various tables of the types of work prohibited to young persons below the age of 18 years. The Committee noted, nevertheless, that certain provisions of the above text authorize the employment of young persons from the age of 16 years in activities that could be considered as hazardous, and without any protection being envisaged. By way of example, the following types of work may be mentioned: operating vertical wheels, winches and pulleys (section 25 of Order No. 15/MTAS-FP of 6 December 1958); operating steam valves (section 26); work performed on scaffolding (section 28); the performance of hazardous feats of strength and contortionism (section 29). It is also forbidden to employ young persons below the age of 16 years as doublers for rolling mills and in drawing out wire rods, unless the work is protected by machine guards (section 27). It can therefore be deduced that children over the age of 16 have no protection, which appears to also be the case for the types of work mentioned above. Furthermore, children over 15 years of age can be admitted to work using bandsaws, upon the written authorization, delivered after investigation, by the inspector for labour and labour legislation, and which can be rescinded (section 22). The Committee once again reminded the Government that, in accordance with Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 to types of hazardous employment or work constitutes an exception to the general principle of fixing the minimum age of 18 for admission to these types of employment (Article 3, paragraph 1, of the Convention), and must therefore only be applied in a restrictive manner. The Committee therefore requests the Government to take the necessary measures when elaborating the new Labour Code to bring its legislation into conformity with this provision of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied, by providing, for example, statistics on the employment of children and young persons, extracts of the reports of the labour inspection services and details of the number and nature of the violations reported and the sanctions imposed.

The Committee requests the Government to provide information on the progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

 

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the information provided by the Government that a revision of the Labour Code is under way and that a technical committee responsible for reviewing the draft text has become operational. It also noted that the procedure for the revision of Order No. 15/MTFP of 6 December 1958 respecting child labour is under way. The Committee requests the Government to keep it informed of the progress made in this work, and to provide a copy of the new texts as soon as they are adopted.

Article 1 of the Convention. The Committee noted with interest the information provided by the Government on the action plans to combat child labour. It noted that the objective of the Government is to raise the awareness of the main stakeholders (parents, children, employers, trade unions, traditional and religious authorities and public opinion) of the phenomenon of child labour and that for this purpose, public awareness campaigns have been carried out. The Government indicated that sectoral action plans in the targeted fields followed the public awareness campaigns, and are currently being implemented through various programmes. These include a programme to combat the exploitation of girls in domestic work, as well as the use of children as porters in Lomé and a capacity‑building programme to strengthen the capacity of trade unions to combat child labour. It also noted that other action plans are in the process of being adopted and that copies of these plans will be transmitted as soon as they are available. The Committee requests the Government to continue to supply detailed information on the formulation, implementation and practical results of these action plans.

Article 2. Minimum age for admission to employment or work. The Committee recalled, as an indication only, that the Government specified a minimum age of 14 years for admission to employment or work when ratifying the Convention. In response to the previous comments of the Committee concerning the employment of children under 14 years of age in the informal sector as domestic workers or agricultural labourers and the lax practices of the labour inspectors responsible for reporting such cases, the Government indicated that a programme to reinforce the intervention capacities of labour inspectors had been designed within the framework of the IPEC project, and that it will soon be implemented. The Committee notes this initiative with interest and requests the Government to keep it informed of progress of the project and its impact in reducing child labour by young persons below 14 years of age in the informal sector.

Article 3. 1. Minimum age for admission to hazardous work. The Committee noted that a draft order to raise the minimum age from that currently specified of 18 years for admission to employment likely to jeopardize the health, safety or morals of young persons, is being prepared and will be submitted to the National Council of Labour and Labour Legislation (a tripartite advisory body, section 170 of the Labour Code) for comments.

2. Admission to hazardous work from the age of 16 years. The Committee noted previously the information provided by the Government concerning the employment of young persons above the age of 16 years in activities which, by their nature or circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of such persons, and in particular that admission to such employment is subject to special authorization by the labour inspector to ensure their protection. The Committee also noted that, by virtue of the draft Labour Code, an order of the minister responsible for labour issued on the advice of the National Council for Labour and Labour Legislation, will establish the nature of the work and the categories of the enterprises prohibited to young persons and the age up to which the prohibition will apply. The Committee noted that Order No. 15/MTAS-FP of 6 December 1958 contains various tables of the types of work prohibited to young persons below the age of 18 years. The Committee noted, nevertheless, that certain provisions of the above text authorize the employment of young persons from the age of 16 years in activities that could be considered as hazardous, and without any protection being envisaged. By way of example, the following types of work may be mentioned: operating vertical wheels, winches and pulleys (section 25 of Order No. 15/MTAS-FP of 6 December 1958); operating steam valves (section 26); work performed on scaffolding (section 28); the performance of hazardous feats of strength and contortionism (section 29). It is also forbidden to employ young persons below the age of 16 years as doublers for rolling mills and in drawing out wire rods, unless the work is protected by machine guards (section 27). It can therefore be deduced that children over the age of 16 have no protection, which appears to also be the case for the types of work mentioned above. Furthermore, children over 15 years of age can be admitted to work using bandsaws, upon the written authorization, delivered after investigation, by the inspector for labour and labour legislation, and which can be rescinded (section 22). The Committee once again reminded the Government that, in accordance with Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 to types of hazardous employment or work constitutes an exception to the general principle of fixing the minimum age of 18 for admission to these types of employment (Article 3, paragraph 1, of the Convention), and must therefore only be applied in a restrictive manner. The Committee therefore requests the Government to take the necessary measures when elaborating the new Labour Code to bring its legislation into conformity with this provision of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied, by providing, for example, statistics on the employment of children and young persons, extracts of the reports of the labour inspection services and details of the number and nature of the violations reported and the sanctions imposed.

The Committee requests the Government to provide information on the progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government that a revision of the Labour Code is under way and that a technical committee responsible for reviewing the draft text has become operational. It also notes that the procedure for the revision of Order No. 15/MTFP of 6 December 1958 respecting child labour is under way. The Committee requests the Government to keep it informed of the progress made in this work, and to provide a copy of the new texts as soon as they are adopted.

Article 1 of the Convention. The Committee notes with interest the information provided by the Government on the action plans to combat child labour. It notes that the objective of the Government is to raise the awareness of the main stakeholders (parents, children, employers, trade unions, traditional and religious authorities and public opinion) of the phenomenon of child labour and that for this purpose, public awareness campaigns have been carried out. The Government indicates that sectoral action plans in the targeted fields followed the public awareness campaigns, and are currently being implemented through various programmes. These include a programme to combat the exploitation of girls in domestic work, as well as the use of children as porters in Lomé and a capacity-building programme to strengthen the capacity of trade unions to combat child labour. It also notes that other action plans are in the process of being adopted and that copies of these plans will be transmitted as soon as they are available. The Committee requests the Government to continue to supply detailed information on the formulation, implementation and practical results of these action plans.

Article 2. Minimum age for admission to employment or work. The Committee recalls, as an indication only, that the Government specified a minimum age of 14 years for admission to employment or work when ratifying the Convention. In response to the previous comments of the Committee concerning the employment of children under 14 years of age in the informal sector as domestic workers or agricultural labourers and the lax practices of the labour inspectors responsible for reporting such cases, the Government indicates that a programme to reinforce the intervention capacities of labour inspectors had been designed within the framework of the IPEC project, and that it will soon be implemented. The Committee notes this initiative with interest and requests the Government to keep it informed of progress of the project and its impact in reducing child labour by young persons below 14 years of age in the informal sector.

Article 3. 1. Minimum age for admission to hazardous work. The Committee notes that a draft order to raise the minimum age from that currently specified of 18 years for admission to employment likely to jeopardize the health, safety or morals of young persons, is being prepared and will be submitted to the National Council of Labour and Labour Legislation (a tripartite advisory body, section 170 of the Labour Code) for comments.

2. Admission to hazardous work from the age of 16 years. The Committee noted previously the information provided by the Government concerning the employment of young persons above the age of 16 years in activities which, by their nature or circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of such persons, and in particular that admission to such employment is subject to special authorization by the labour inspector to ensure their protection. The Committee also noted that, by virtue of the draft Labour Code, an order of the minister responsible for labour issued on the advice of the National Council for Labour and Labour Legislation, will establish the nature of the work and the categories of the enterprises prohibited to young persons and the age up to which the prohibition will apply. The Committee notes that Order No. 15/MTAS-FP of 6 December 1958 contains various tables of the types of work prohibited to young persons below the age of 18 years. The Committee notes, nevertheless, that certain provisions of the above text authorize the employment of young persons from the age of 16 years in activities that could be considered as hazardous, and without any protection being envisaged. By way of example, the following types of work may be mentioned: operating vertical wheels, winches and pulleys (section 25 of Order No. 15/MTAS-FP of 6 December 1958); operating steam valves (section 26); work performed on scaffolding (section 28); the performance of hazardous feats of strength and contortionism (section 29). It is also forbidden to employ young persons below the age of 16 years as doublers for rolling mills and in drawing out wire rods, unless the work is protected by machine guards (section 27). It can therefore be deduced that children over the age of 16 have no protection, which appears to also be the case for the types of work mentioned above. Furthermore, children over 15 years of age can be admitted to work using bandsaws, upon the written authorization, delivered after investigation, by the inspector for labour and labour legislation, and which can be rescinded (section 22). The Committee once again reminds the Government that, in accordance with Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 to types of hazardous employment or work constitutes an exception to the general principle of fixing the minimum age of 18 for admission to these types of employment (Article 3, paragraph 1, of the Convention), and must therefore only be applied in a restrictive manner. The Committee therefore requests the Government to take the necessary measures when elaborating the new Labour Code to bring its legislation into conformity with this provision of the Convention.

Further to its previous comments, the Committee notes with interest that consultations with the organizations of employers and workers took place in the National Council for Labour and Labour Legislation, prior to the adoption of Order No. 15/MTAS-FP of 6 December 1958 respecting child labour, which contains a list of the types of work considered hazardous. The Committee notes that, according to section 171 of the Labour Code, the National Council for Labour and Labour Legislation, must be consulted on all draft labour laws and regulations.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied, by providing, for example, statistics on the employment of children and young persons, extracts of the reports of the labour inspection services and details of the number and nature of the violations reported and the sanctions imposed.

The Committee requests the Government to provide information on the progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government that a revision of the Labour Code is under way and that a technical committee responsible for reviewing the draft text has become operational. It also notes that the procedure for the revision of Order No. 15/MTFP of 6 December 1958 respecting child labour is under way. The Committee requests the Government to keep it informed of the progress made in this work, and to provide a copy of the new texts as soon as they are adopted.

Article 1 of the Convention. The Committee notes with interest the information provided by the Government on the action plans to combat child labour. It notes that the objective of the Government is to raise the awareness of the main stakeholders (parents, children, employers, trade unions, traditional and religious authorities and public opinion) of the phenomenon of child labour and that for this purpose, public awareness campaigns have been carried out. The Government indicates that sectoral action plans in the targeted fields followed the public awareness campaigns, and are currently being implemented through various programmes. These include a programme to combat the exploitation of girls in domestic work, as well as the use of children as porters in Lomé and a capacity-building programme to strengthen the capacity of trade unions to combat child labour. It also notes that other action plans are in the process of being adopted and that copies of these plans will be transmitted as soon as they are available. The Committee requests the Government to continue to supply detailed information on the formulation, implementation and practical results of these action plans.

Article 2. 1. Scope of application of the Convention. The Committee noted previously 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 also notes that, by virtue of Chapter IV of the draft Labour Code, unless otherwise provided in respect of apprentices, children 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 reminds the Government that the Convention covers all types of employment or work, including self-employment. It therefore hopes that the revision of the new Labour Code will bring it into conformity with the provisions of Article 2 of the Convention.

2. Raising of the minimum age for admission to employment or work. In its previous comments, the Committee noted that the draft Labour Code raised the minimum age for admission to work or employment from 14 to 15 years. The Committee also notes that employers’ and workers’ organizations are consulted within the framework of the National Council for Labour and Labour Legislation (section 170 of the Labour Code), and that the draft Labour Code will soon be adopted. The Committee requests the Government to keep it informed of the progress of the draft Labour Code.

3. Minimum age for admission to employment or work. The Committee recalls, as an indication only, that the Government specified a minimum age of 14 years for admission to employment or work when ratifying the Convention. In response to the previous comments of the Committee concerning the employment of children under 14 years of age in the informal sector as domestic workers or agricultural labourers and the lax practices of the labour inspectors responsible for reporting such cases, the Government indicates that a programme to reinforce the intervention capacities of labour inspectors had been designed within the framework of the IPEC project, and that it will soon be implemented. The Committee notes this initiative with interest and requests the Government to keep it informed of progress of the project and its impact in reducing child labour by young persons below 14 years of age in the informal sector.

Article 3. 1. Minimum age for admission to hazardous work. The Committee notes that a draft order to raise the minimum age from that currently specified of 18 years for admission to employment likely to jeopardize the health, safety or morals of young persons, is being prepared and will be submitted to the National Council of Labour and Labour Legislation (a tripartite advisory body, section 170 of the Labour Code) for comments.

2. Admission to hazardous work from the age of 16 years. The Committee noted previously the information provided by the Government concerning the employment of young persons above the age of 16 years in activities which, by their nature or circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of such persons, and in particular that admission to such employment is subject to special authorization by the labour inspector to ensure their protection. The Committee also noted that, by virtue of the draft Labour Code, an order of the minister responsible for labour issued on the advice of the National Council for Labour and Labour Legislation, will establish the nature of the work and the categories of the enterprises prohibited to young persons and the age up to which the prohibition will apply. The Committee notes that Order No. 15/MTAS-FP of 6 December 1958 contains various tables of the types of work prohibited to young persons below the age of 18 years. The Committee notes, nevertheless, that certain provisions of the above text authorize the employment of young persons from the age of 16 years in activities that could be considered as hazardous, and without any protection being envisaged. By way of example, the following types of work may be mentioned: operating vertical wheels, winches and pulleys (section 25 of Order No. 15/MTAS-FP of 6 December 1958); operating steam valves (section 26); work performed on scaffolding (section 28); the performance of hazardous feats of strength and contortionism (section 29). It is also forbidden to employ young persons below the age of 16 years as doublers for rolling mills and in drawing out wire rods, unless the work is protected by machine guards (section 27). It can therefore be deduced that children over the age of 16 have no protection, which appears to also be the case for the types of work mentioned above. Furthermore, children over 15 years of age can be admitted to work using bandsaws, upon the written authorization, delivered after investigation, by the inspector for labour and labour legislation, and which can be rescinded (section 22). The Committee once again reminds the Government that, in accordance with Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 to types of hazardous employment or work constitutes an exception to the general principle of fixing the minimum age of 18 for admission to these types of employment (Article 3, paragraph 1, of the Convention), and must therefore only be applied in a restrictive manner. The Committee therefore requests the Government to take the necessary measures when elaborating the new Labour Code to bring its legislation into conformity with this provision of the Convention.

Further to its previous comments, the Committee notes with interest that consultations with the organizations of employers and workers took place in the National Council for Labour and Labour Legislation, prior to the adoption of Order No. 15/MTAS-FP of 6 December 1958 respecting child labour, which contains a list of the types of work considered hazardous. The Committee notes that, according to section 171 of the Labour Code, the National Council for Labour and Labour Legislation, must be consulted on all draft labour laws and regulations.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied, by providing, for example, statistics on the employment of children and young persons, extracts of the reports of the labour inspection services and details of the number and nature of the violations reported and the sanctions imposed.

The Committee requests the Government to provide information on the progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its reports of 2002 and 2003. Furthermore, it notes with interest that Togo on 19 September 2000 ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and that it signed a Memorandum of Understanding with IPEC in April 2000. It also notes that a revision of the Labour Code is under way and that a technical committee responsible for reviewing the draft text has become operational. It also notes that the procedure for the revision of Order No. 15/MTFP of 6 December 1958 respecting child labour is under way. The Committee requests the Government to keep it informed of the progress made in this work, and to provide a copy of the new texts as soon as they are adopted.

Article 1 of the Convention. The Committee notes with interest the information provided by the Government on the action plans to combat child labour. It notes that the objective of the Government is to raise the awareness of the main stakeholders (parents, children, employers, trade unions, traditional and religious authorities and public opinion) of the phenomenon of child labour and that for this purpose, public awareness campaigns have been carried out. The Government indicates that sectoral action plans in the targeted fields followed the public awareness campaigns, and are currently being implemented through various programmes. These include a programme to combat the exploitation of girls in domestic work, as well as the use of children as porters in Lomé and a capacity-building programme to strengthen the capacity of trade unions to combat child labour. It also notes that other action plans are in the process of being adopted and that copies of these plans will be transmitted as soon as they are available. The Committee requests the Government to continue to supply detailed information on the formulation, implementation and practical results of these action plans.

Article 2. 1. Scope of application of the Convention. The Committee noted previously 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 also notes that, by virtue of Chapter IV of the draft Labour Code, unless otherwise provided in respect of apprentices, children 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 reminds the Government that the Convention covers all types of employment or work, including self-employment. It therefore hopes that the revision of the new Labour Code will bring it into conformity with the provisions of Article 2 of the Convention.

2. Raising of the minimum age for admission to employment or work. In its previous comments, the Committee noted that the draft Labour Code raised the minimum age for admission to work or employment from 14 to 15 years. The Committee also notes that employers’ and workers’ organizations are consulted within the framework of the National Council for Labour and Labour Legislation (section 170 of the Labour Code), and that the draft Labour Code will soon be adopted. The Committee requests the Government to keep it informed of the progress of the draft Labour Code.

3. Minimum age for admission to employment or work. The Committee recalls, as an indication only, that the Government specified a minimum age of 14 years for admission to employment or work when ratifying the Convention. In response to the previous comments of the Committee concerning the employment of children under 14 years of age in the informal sector as domestic workers or agricultural labourers and the lax practices of the labour inspectors responsible for reporting such cases, the Government indicates that a programme to reinforce the intervention capacities of labour inspectors had been designed within the framework of the IPEC project, and that it will soon be implemented. The Committee notes this initiative with interest and requests the Government to keep it informed of progress of the project and its impact in reducing child labour by young persons below 14 years of age in the informal sector.

Article 3. 1. Minimum age for admission to hazardous work. The Committee notes that a draft order to raise the minimum age from that currently specified of 18 years for admission to employment likely to jeopardize the health, safety or morals of young persons, is being prepared and will be submitted to the National Council of Labour and Labour Legislation (a tripartite advisory body, section 170 of the Labour Code) for comments.

2. Admission to hazardous work from the age of 16 years. The Committee noted previously the information provided by the Government concerning the employment of young persons above the age of 16 years in activities which, by their nature or circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of such persons, and in particular that admission to such employment is subject to special authorization by the labour inspector to ensure their protection. The Committee also noted that, by virtue of the draft Labour Code, an order of the minister responsible for labour issued on the advice of the National Council for Labour and Labour Legislation, will establish the nature of the work and the categories of the enterprises prohibited to young persons and the age up to which the prohibition will apply. The Committee notes that Order No. 15/MTAS-FP of 6 December 1958 contains various tables of the types of work prohibited to young persons below the age of 18 years. The Committee notes, nevertheless, that certain provisions of the above text authorize the employment of young persons from the age of 16 years in activities that could be considered as hazardous, and without any protection being envisaged. By way of example, the following types of work may be mentioned: operating vertical wheels, winches and pulleys (section 25 of Order No. 15/MTAS-FP of 6 December 1958); operating steam valves (section 26); work performed on scaffolding (section 28); the performance of hazardous feats of strength and contortionism (section 29). It is also forbidden to employ young persons below the age of 16 years as doublers for rolling mills and in drawing out wire rods, unless the work is protected by machine guards (section 27). It can therefore be deduced that children over the age of 16 have no protection, which appears to also be the case for the types of work mentioned above. Furthermore, children over 15 years of age can be admitted to work using bandsaws, upon the written authorization, delivered after investigation, by the inspector for labour and labour legislation, and which can be rescinded (section 22). The Committee once again reminds the Government that, in accordance with Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 to types of hazardous employment or work constitutes an exception to the general principle of fixing the minimum age of 18 for admission to these types of employment (Article 3, paragraph 1, of the Convention), and must therefore only be applied in a restrictive manner. The Committee therefore requests the Government to take the necessary measures when elaborating the new Labour Code to bring its legislation into conformity with this provision of the Convention.

Further to its previous comments, the Committee notes with interest that consultations with the organizations of employers and workers took place in the National Council for Labour and Labour Legislation, prior to the adoption of Order No. 15/MTAS-FP of 6 December 1958 respecting child labour, which contains a list of the types of work considered hazardous. The Committee notes that, according to section 171 of the Labour Code, the National Council for Labour and Labour Legislation, must be consulted on all draft labour laws and regulations.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied, by providing, for example, statistics on the employment of children and young persons, extracts of the reports of the labour inspection services and details of the number and nature of the violations reported and the sanctions imposed.

The Committee requests the Government to provide information on the progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

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

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.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

In its report, the Government states that the minimum age for admission to employment is set by the Labour Code. The Committee hopes that the Government will take measures as soon as possible to bring the legislation into conformity with the Convention on the following points, which were raised previously by the Committee.

Article 2, paragraph 1 of the Convention. The Committee recalls that the minimum age for admission to employment or work applies to all types of employment, including activities carried out by the persons concerned on their own account. The Committee notes that the provisions of section 114, in conjunction with section 2 of the Labour Code, which prohibit work for young persons of 14 years of age and under, apply only to work performed for, and under the direction of an employer. The Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure that no person under the specified minimum age is admitted to employment or work in any occupation.

Article 3, paragraphs 1 and 3. According to the information provided by the Government previously, the employment of young persons above the age of 16 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 young persons, is subject to special authorization from the labour inspector who will supervise their protection. The Committee recalls that the employment of young persons aged 16 and over in such activities may be authorized by national laws or regulations or the competent authority, after consultation with employers' and workers' organizations and on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It requests the Government to indicate the measures that have been taken to bring the legislation into conformity with the Convention on this point, by ensuring that consultations are held with the organizations concerned and that the conditions referred to above are implemented.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

National policy for the abolition of child labour

With reference to its general observation of 1995, the Committee notes the role played by the Ministry of Technical Education and Vocational Training with a view to matching training and employment and improving skills, and by the Ministry of Social Affairs to ensure the protection and well-being of children and young persons. It requests the Government to indicate whether coordination and consultation mechanisms have been established or are envisaged in the application of a national policy designed to ensure the effective abolition of child labour, within the meaning of Article 1 of the Convention and, if so, to indicate its composition and functions.

Recalling that Article 2, paragraph 3, provides that the minimum age for admission to employment or work shall not be less than the age of completion of compulsory schooling, the Committee requests the Government to indicate the measures which have been taken or are envisaged for the benefit of street children and children who are employed as domestic servants.

A request on certain other matters is being addressed directly to the Government.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In its report, the Government indicates that it has taken note of the Committee's comments and will take steps as soon as possible to bring the legislation into conformity with the Convention on the following points which the Committee raised previously:

Article 2, paragraph 1, of the Convention. The minimum age for admission to employment or work applies to all types of employment, including self-employment. The Committee notes that the provisions of section 114, in conjunction with section 2 of the Labour Code, prohibiting work by children under the age of 14, apply only to work performed for, and under the direction of, an employer. The Committee requests the Government to indicate the measures taken or envisaged to ensure that no person under the specified minimum age shall be admitted to employment or work in any occupation.

Article 3, paragraphs 1 and 3. According to information supplied by the Government previously, the employment of young people above the age of 16 in activities which by their nature or the circumstances in which they are carried out are likely to jeopardise the health, safety or morals of young persons, is subject to special authorisation from the labour inspector who will supervise their protection. The Committee recalls that the employment of young persons aged 16 and over in such activities may be authorised by national laws or regulations or the competent authority, after consultation with employers' and workers' organisations 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 vocational training in the relevant branch of activity. It asks the Government to indicate the measures taken to bring the legislation into conformity with the Convention on this point, by ensuring that consultations are held with the organisations concerned and that the conditions recalled above are implemented.

2. Article 2, paragraph 5. The Committee draws the Government's attention to the information which it must provide under Article 2, paragraph 5(a) or (b) of the Convention and requests it to include this information in future reports.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 2 of the Convention. In its previous comments, the Committee noted that the prohibition to employ children below the age of 14 is only applicable, by virtue of section 114 of the Labour Code read in conjuction with section 2, to work carried out in the context of an employment relationship. The Committee notes from the Government's report that the prohibition to employ children under the age of 14, provided for by the legislation, is of a more general nature owing, in particular, to the fact that education is compulsory up to the age of 15. Furthermore, it is not the custom in Togo to allow children of less than 14 years of age to be self-employed.

The Committee therefore hopes that the Government will have no difficulty in inserting a provision in the legislation, to prohibit children under the age of 14 from carrying out work not only in the context of an employment relationship, but also outside any such employment relationship, including work carried out for ones own account, so that no doubt or uncertainty remains as to the application of this prohibition.

Article 3, paragraph 3. With reference to its previous comments, the Committee notes from the Government's report that the employment of young people above the age of 16 in activities likely to be dangerous for their health and safety is subject to special authorisation from the labour inspector who will supervise their protection. The Committee recalls that, by virtue of the provisions of Article 3, paragraph 3, of the Convention, authorisations for employment or work for young persons aged 16 and over in activities which, by their nature or the circumstances in which they are carried out, are likely to jeopardise their health, safety or morals, can only be granted by the national legislation or the competent authority after consultation with the employers' and workers' organisations. Such authorisations are also subject to two basic conditions: full guarantees with regard to the protection of their health, safety and morals, and the existence of adequate specific instructions or vocational training in the relevent branch of activity.

The Committee hopes that it will be possible to bring the legislation into conformity with the Convention in the near future to ensure observance of the conditions governing the granting and the content of authorisations for employment or work of young people under 18 years of age in the activities covered by Article 3, and requests the Government to provide information on any measures taken or envisaged in this respect.