Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (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 Act No. 2007-017 of 6 July 2007 issuing the Children’s Code (Children’s Code of 2007).

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced or compulsory recruitment of children for use in armed conflict. The Committee previously noted that article 44 of the Constitution provides that all citizens have the duty to undertake national service under the conditions set out in the law and it requested the Government to provide information on the age of recruitment to the armed forces.

The Committee notes that, under the terms of section 42 of Act No. 2007-010 of 1 March 2007 issuing the general conditions of service of military personnel in the armed forces of Togo, the minimum age for the recruitment of rank and file military personnel among civilian volunteers is 18 years. It also notes that, under the terms of section 426 of the Children’s Code of 2007, no child (under 18 years of age) may take part in hostilities or be enrolled in the military or incorporated into a militia.

Articles 3(b) and (c) and 7(1). Use, procuring or offering of a child for the production of pornography or for pornographic performances; use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and the related penalties. With reference to its previous comments, the Committee notes with interest that section 151 of the Labour Code of 2006 and section 264 of the Children’s Code of 2007 prohibit the worst forms of child labour, which are defined in conformity with Article 3 of the Convention. It notes that under section 388 of the Children’s Code of 2007, pornography using children constitutes a criminal offence giving rise to a sentence of ten years of imprisonment (section 392). It also notes that the fact of causing a child to participate in the cultivation, production, manufacture or illicit traffic of drugs (section 405) and of causing a child to engage in begging constitute offences (section 423). The Committee requests the Government to provide information on the application in practice of the above provisions, including statistics on the number and nature of the violations detected, the investigations conducted, prosecutions and convictions.

Article 5. Monitoring mechanisms. National Steering Committee to Combat Child Labour in Togo. Further to its previous comments, the Committee notes the Government’s indications that a National Steering Committee to Combat Child Labour (CNDLTE) was created by Order No. 004/MTSS/DGTLS of 7 July 2008 with the mandate to guide, coordinate and supervise all action to combat child labour on the national territory. The CNDLTE’s main responsibilities include: (i) promoting laws and regulations on child labour by supervising the application of the legislation; (ii) ensuring the follow-up and evaluation of all activities undertaken to combat child labour; and (iii) preparing and submitting to the Government regular reports on the child labour situation in Togo. The Steering Committee is composed of representatives of the various ministerial departments, the social partners, the National Committee on Children and several networks or federations of NGOs working to combat child labour. At the regional level, the CNDLTE’s mission is discharged by regional committees that are active in the five economic regions of the country. The Committee requests the Government to provide additional information on the measures adopted by the CNDLTE to follow up the application of the national legislation on the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. Further to its previous comments, the Committee notes the Government’s indications that Togo has been participating since October 2008 in an ILO–IPEC project to combat child labour through education. In the context of this project, various workshops were organized with the participation of the social partners. The objectives of these workshops included drawing up of a plan of action in the informal economy in urban areas, as well as a plan of action to combat child labour in hotels and catering and the sexual exploitation of children. The Committee requests the Government to provide information on the measures adopted or envisaged in the context of the implementation of these various plans of action.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s indications in its report that a large number of children in Togo do not have opportunities to attend school. It notes that, according to the 2008 statistics of the UNESCO Institute for Statistics, 6 per cent of children of primary school age do not attend school and only 61 per cent reach the final year of primary school. Furthermore, the gross school attendance rate at the secondary level is no higher than 40 per cent.

The Committee also notes the adoption in March 2010 of a sectoral education plan (2010–20). The Committee observes that the following objectives have been established: (i) universal access to and completion of primary school; (ii) the development of a programme of action for education to cover children between 9 and 14 years of age who are not attending school; (iii) the reduction of the school drop-out rate in primary and secondary education; and (iv) the reinforcement of the institutional framework for non-formal education. According to this document, the main weaknesses of the current education system include wide social disparities in the school careers of the poor and those in rural areas, and the significance of regional disparities in the supply of schooling. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to improve the functioning of the education system through measures intended, among other objectives, to increase the school attendance and completion rates and reduce school drop-out rates, particularly in rural areas. It requests the Government to provide information on the results achieved in the context of the sectoral education plan.

Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. Further to its previous comments, the Committee notes that, according to the information contained in the national report for 2010 provided in the context of the follow-up to the declaration of commitment on HIV/AIDS, three orphans and vulnerable children (OVCs) out of five have benefited from at least some external assistance or support (school, psychosocial, medical, nutritional) over the past three or 12 months of the period covered by the report. The Committee also notes that, according to the same document, a national plan of action explicitly intended for OVCs appears to have been prepared. However, the Committee notes the information contained in the Epidemiological Fact Sheet on HIV and AIDS of the United Nations Programme on HIV/AIDS (UNAIDS) (2008 Update) reporting that the number of child orphans of HIV/AIDS in Togo increased from 31,000 in 2001 to 68,000 in 2008. Expressing its concern at the increase in the number of child orphans of HIV/AIDS, the Committee requests the Government to provide information on the measures adopted and the results obtained in the context of the national plan of action in ensuring that child orphans of HIV/AIDS are not engaged in the worst forms of child labour.

Clause (e). Taking account of the special situation of girls. In its previous comments, the Committee noted that the Government grants girls partial or total exemption from school fees. The Committee also noted that, through the Togo/UNICEF cooperation programme for 1997–2001 and the concerted action of various NGOs, the school attendance rate of young girls has increased in certain provinces. The programme is intended to create nursery schools, thereby liberating young girls from the obligation to look after their younger brothers and sisters, as well as providing financial assistance to cover school fees and supplies.

The Committee notes with interest the Government’s indication that, since 2008, school fees have been made free for pre-school and primary school and are reduced for girls in secondary education in public establishments. Moreover, according to the Government, the special situation of girls is taken into account in the implementation of all programmes of action. The Committee also notes that, according to the Education for All Global Monitoring Report 2009, published by UNESCO and entitled “Overcoming inequality: Why governance counts”, the disparities between the sexes in primary and secondary education fell between 1999 and 2006, with an improvement of over 20 per cent for secondary school. Nevertheless, the report reveals that the rate of completion of the final year of primary school by girls was very much lower than that of boys in 2005. The Committee further notes that, according to the 2008 statistics of the UNESCO Institute for Statistics, the net school attendance rate of girls in primary school remains lower than that of boys. The Committee encourages the Government to pursue its efforts to ensure that girls of school age attend school and remain at school, and requests it to continue providing information on the measures taken and the results achieved in this respect.

Article 8. International cooperation and assistance. Poverty reduction. Further to its previous comments, the Committee notes the Government’s indications that the Poverty Reduction Strategy Paper (PRSP) effectively incorporates action intended to eliminate child labour, including the promotion of access to primary education for all by 2015. It notes that the Full Poverty Reduction Strategy Paper (F-PRSP) was adopted in June 2009 and covers a three-year period (2009–11). The Committee notes that, according to this paper, a survey carried out in 2006 revealed that over 60 per cent of the population of Togo is under the poverty line, with a particularly high rate in rural areas. Moreover, it is estimated that, following the high price rises in 2008, poverty has probably increased further. Considering that poverty reduction programmes contribute to breaking the circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts to reduce the incidence of poverty and requests it to provide information on any significant impact of the implementation of the F-PRSP on the elimination of the worst forms of child labour.