Forced Labour Convention, 1930 (No. 29) - Togo (RATIFICATION: 1960)

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Previous comment

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the adoption of Decree No. 2021-104/PR of 29 September 2021 on the establishment, mandate, structure and functioning of the National Committee against trafficking in persons (CNLTP), whose members were appointed by Interministerial Decree No. 004/MASPFA/MSPC/MIJ of 19 January 2022. The Committee notes that the CNLTP is responsible for coordinating prevention and support measures for combating trafficking in persons, drafting and implementing a national action plan to combat trafficking in persons, and collecting and centralizing all trafficking-related data and statistics. The Committee also notes the Government’s indication in its report that a number of capacity-building seminars have been organized for law enforcement authorities. Regarding protection and support for adult victims of trafficking, the Government indicates that it has: (1) mapped existing referral centres for minor victims, and urged these centres to review their terms of reference with a view to providing care for adult victims; (2) drafted a procedural manual for the care of victims; and (3) set up a fund to support adult victims. The Government adds that, in the 2022–23 period, nine cases of trafficking in persons were identified and 19 persons were arrested, prosecuted and charged for cases of trafficking. While welcoming the measures adopted by the Government, the Committee notes the low number of cases of trafficking identified and the lack of information on the penalties imposed on the perpetrators of trafficking.

The Committee encourages the Government to continue its efforts to combat trafficking in persons for both sexual and labour exploitation. The Committee requests the Government to continue to build the capacity of law enforcement authorities (police, labour inspectors and prosecutors) to better identify, investigate and prosecute cases of trafficking in order to punish the perpetrators. The Committee requests the Government to provide statistical data in this regard. Noting that the National Plan of Action to combat trafficking in persons has not been renewed since 2008, the Committee requests the Government to provide information on the activities of the National Committee against trafficking in persons, with a view to drafting a new plan of action on this issue, and on any available assessments of the outcomes achieved and the difficulties encountered in combating trafficking in persons. It also requests the Government to provide information on the number of victims of trafficking identified and the nature of the assistance and services provided.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court. 1. Prison labour. The Committee notes the Government’s indication that the ministerial decree to determine the working conditions of prisoners, in accordance with section 68 of the Penal Code, is still being drafted. The Government indicates, however, that prisoners cannot be required to work for private individuals, enterprises or associations. The Committee takes due note of this information and requests the Government to provide a copy of any laws or regulations governing the working conditions of prisoners and trusts that such laws or regulations will clearly establish that prisoners cannot be permitted to work for private individuals, enterprises or associations.

2. Sentences of community service. The Committee notes that sections 82 and 83 of the Penal Code allow a judge to hand down a sentence of community work as an alternative to imprisonment, where the accused is present and consents after being informed of his or her right to refuse the sentence. Community service is a sentence requiring the offender to work for a specified period, without receiving any remuneration, for the benefit either of a legal person governed by public law, or of a legal person governed by private law performing a public service function, or of an association authorized to undertake community work. Noting that section 83 of the Penal Code provides that a ministerial decree shall determine the arrangements for the organization and implementation of community service, the Committee requests the Government to indicate whether such a decree has been adopted and, if so, to provide a copy thereof. It also requests the Government to provide information on the arrangements for the application of community service, indicating the number and nature of private legal persons and associations authorized to receive persons sentenced to this penalty, as well as the types of work that may be required in this context.

Article (2)(d). Cases of emergency. Requisitioning powers. The Committee notes the adoption of the new Labour Code (Act No. 2021-012 of 18 June 2021) and, in particular, sections 327 and 328 of the Code, which allow the competent administrative authority to requisition, at any time, striking workers who hold jobs essential to the safety of persons and property, the maintenance of public order, or the satisfaction of the essential needs of the nation. Any requisitioned employee who fails to attend work is guilty of serious misconduct and liable to disciplinary action under the Labour Code, including lay-off or dismissal. The Committee notes that, according to section 327 of the Code, essential services include those “which relate to security, health, education, justice, prison administration, energy, water, State financial institutions, banks and financial establishments, air and maritime transport, and communications, with the exception of private radio and television stations”, a list which may be supplemented, if necessary, through the adoption of regulations. It notes that these provisions are included in Decree No. 2022-022/PR of 23 February 2022 on the representativeness of trade unions and the exercise of the right to strike in the Togolese Republic (sections 20 and 21). In this regard, the Committee refers to its Observation of 2022 on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it observed that some of these services cannot be considered essential within the strict sense of the term, that is their interruption would not endanger the life, personal safety or health of the whole or part of the population.

The Committee recalls that the requisition of workers, enforced by sanctions, is compatible with the Convention only in so far as it is necessary to cope with cases of force majeure within the strict sense of the term – namely, when the existence or well-being of the whole or part of the population is endangered – provided that the duration of the prohibition is limited to the period of immediate necessity (see the Committee’s 2012 General Survey on fundamental Conventions, paragraph 280). The Committee therefore requests the Government to provide information on the measures taken to ensure that the requisition of striking workers is strictly limited, in law and in practice, to services considered essential within the strict sense of the term, that is their interruption would not endanger the life, personal safety or health of the whole or part of the population. The Committee requests the Government to provide information on the application of sections 327 and 328 of the Labour Code and sections 20 and 21 of Decree No. 2022-022/PR in practice, indicating whether this power of requisition has ever been used and, if so, in what circumstances.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously requested the Government to provide information on the application in practice of sections 317 and 338 of the Penal Code of 2015 in relation to the crimes of forced labour and trafficking in persons, both for sexual exploitation and for labour exploitation. It also requested the Government to provide information on the measures taken or envisaged to prevent, suppress and punish trafficking in persons and on any obstacles encountered by the authorities in these areas.

The Government states in its report that in 2017, under sections 317 and 338 of the Penal Code, 46 cases of trafficking in persons were reported, 43 cases were investigated, 43 cases were prosecuted, and 16 convictions were handed down. In 2018, 63 cases of trafficking in persons were reported, 49 cases were investigated, 49 cases were prosecuted, and eight convictions were handed down. The Government also indicates that approximately 40 trainers, including lawyers, magistrates, journalists and social workers, received training on trafficking in persons in Kpalimé in July 2020. The Government further emphasizes that the obstacles encountered regarding the fight against trafficking include a lack of care facilities for adult victims of trafficking in persons and the slowness of legal proceedings against trafficking. The Committee takes due note of the information provided by the Government and requests it to continue providing information on the number of reported violations, investigations, prosecutions and convictions for trafficking in persons, both for sexual exploitation and for labour exploitation, and to specify which sections of the Penal Code were used. It also asks the Government to indicate the penalties imposed on the perpetrators of trafficking in persons. The Committee requests the Government to continue providing information on the measures taken to provide strengthen the capacities of law enforcement bodies, and to provide information on the measures envisaged to improve the protection and support for adult victims of trafficking in persons.

Article 2(2)(c). Prison labour. The Committee previously noted section 68 of the Penal Code, which provides for compulsory prison labour and the adoption of a ministerial decree to determine prisoners’ conditions of work in prisons. The Committee requested the Government to provide further information on prison labour and on the adoption of the aforementioned decree.

The Government indicates that prisoners participate in vocational training workshops and vocational activities, including sewing, hairdressing, baking, carpentry, jewellery-making and soap-making. The prisoners choose and learn freely the trade they wish to pursue. A portion of the income from sales is used for prisoners, the other for stock renewal. The Government adds that in September 2019, for the first time, 22 prisoners participated in and passed the CFA exam, which certifies the completion of their apprenticeships. The Government also indicates that the ministerial decree on prisoners’ conditions of work in penitentiary institutions, provided for in section 68 of the Penal Code, has not yet been adopted. The Committee requests the Government to indicate whether prisoners can be required to perform work for the benefit of private individuals, companies or associations and, if so, to indicate the conditions governing this work. Furthermore, the Committee hopes that the ministerial decree on prisoners’ conditions of work in prisons will be adopted in the near future, and asks the Government to provide information on the progress made in this respect.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that the measures taken by the Government only concern trafficking in children, and therefore asked the Government to provide information on the measures taken or envisaged to prevent, suppress and punish the trafficking of adults for the purpose of exploitation. The Committee notes the Government’s reference in its report to section 338 of Act No. 2015-010 of 24 November 2015 issuing the Penal Code, which imposes the penalty of five to ten years’ imprisonment for the imposition of forced labour. It also notes the Government’s indication that issues relating to the application of the Convention have never been brought before the courts. The Committee notes that section 317 of the Penal Code establishes a precise definition of the crime of trafficking in persons, which includes trafficking for labour exploitation, and imposes penalties of ten to 20 years’ imprisonment and a fine. If aggravating circumstances are present, the penalty is doubled. The Committee requests the Government to provide information on the application in practice of sections 317 and 338 of the Penal Code, indicating the number of investigations, prosecutions and convictions for forced labour and for trafficking in persons, for sexual exploitation and labour exploitation. The Committee also requests the Government to provide information on the measures taken or contemplated, in law and in practice, to prevent, suppress and punish trafficking in persons and on any obstacles encountered by the authorities in these areas.

Article 2(2)(c). Prison labour. The Committee notes that, under section 68 of the Penal Code, prison labour is compulsory. It also notes that the aforementioned section provides that a ministerial decree should determine prisoners’ conditions of work in penitentiary institutions. The Committee requests the Government to provide further information on prison labour, indicating whether prisoners work for private entities and, if so, under what conditions. The Committee also requests the Government to indicate whether the ministerial decree on prisoners’ conditions of work in prisons has been adopted.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that the measures taken by the Government only concern trafficking in children, and therefore asked the Government to provide information on the measures taken or envisaged to prevent, suppress and punish the trafficking of adults for the purpose of exploitation. The Committee notes the Government’s reference in its report to section 338 of Act No. 2015-010 of 24 November 2015 issuing the Penal Code, which imposes the penalty of five to ten years’ imprisonment for the imposition of forced labour. It also notes the Government’s indication that issues relating to the application of the Convention have never been brought before the courts. The Committee notes that section 317 of the Penal Code establishes a precise definition of the crime of trafficking in persons, which includes trafficking for labour exploitation, and imposes penalties of ten to 20 years’ imprisonment and a fine. If aggravating circumstances are present, the penalty is doubled. The Committee requests the Government to provide information on the application in practice of sections 317 and 338 of the Penal Code, indicating the number of investigations, prosecutions and convictions for forced labour and for trafficking in persons, for sexual exploitation and labour exploitation. The Committee also requests the Government to provide information on the measures taken or contemplated, in law and in practice, to prevent, suppress and punish trafficking in persons and on any obstacles encountered by the authorities in these areas.

Article 2(2)(c). Prison labour. The Committee notes that, under section 68 of the Penal Code, prison labour is compulsory. It also notes that the aforementioned section provides that a ministerial decree should determine prisoners’ conditions of work in penitentiary institutions. The Committee requests the Government to provide further information on prison labour, indicating whether prisoners work for private entities and, if so, under what conditions. The Committee also requests the Government to indicate whether the ministerial decree on prisoners’ conditions of work in prisons has been adopted.

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Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide detailed information on the measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation, as well as on the difficulties encountered by the public authorities in this regard.

The Committee notes the Government’s statement that it has strengthened its legal framework in order to combat the trafficking of persons and that, in practice, public awareness campaigns are being conducted by the National Committee for the Protection and Reinsertion into Society of Child Victims of Trafficking (CNARSEVT), the Ministry of Social Action and National Solidarity, NGOs and ILO–IPEC projects.

Noting that the Government’s various activities are aimed essentially at combating trafficking in children, the Committee requests the Government to indicate the measures taken or envisaged to prevent, suppress and punish the trafficking of adults for the purpose of exploitation, to specify the sanctions imposed and to send it copies of judicial decisions in this regard.

Article 2(2)(c). Prison labour. Sentences of community service. In the comments that it has been making for a number of years, the Committee has requested the Government to provide copies of the regulations issued under sections 22 and 26 of the 1908 Penal Code, whereby the conditions of work and employment of persons sentenced to imprisonment (for a criminal act) or to detention (for a misdemeanour) are to be determined by a decree issued by the Minister of Justice. The Committee also noted that section 35 includes penal labour consisting of community service among the lesser penalties and that the procedures for the employment and surveillance of persons sentenced to perform this type of work are also to be determined by an order of the Minister of Justice. The Committee further noted the Government’s indication that no sentence of community service was handed down in 2011.

The Committee notes the Government’s statement that information on the application in practice of sentences of community service is not yet available. The Committee requests the Government to provide this information as soon as the national courts have handed down such a penalty.

The Committee likewise took note of the Government’s assurance before the Conference Committee on the Application of Standards in June 2009 that the preparation and adoption of the texts to be issued under sections 22, 26 and 35 of the Penal Code were part of its reform and modernization of the judicial system and that they would be sent to the Office once they had been adopted.

Referring to its comments in respect of the Abolition of Forced Labour Convention, 1957 (No. 105), the Committee noted the Government’s indication that the term “compulsory penal labour” has been replaced in the Penal Code by the concept of non-forced prison labour. The Committee observed from this that prison labour is now voluntary rather than compulsory and requested the Government to provide a copy of the revised Penal Code.

The Committee once again notes the Government’s statement that the Penal Code has been revised and is in the process of being adopted. In December 2011 two teams were given the task of finalizing the revision work and the draft texts will shortly be sent for technical approval.

The Committee once again requests the Government to send a copy of the revised Penal Code, once it has been adopted, drawing attention to the provisions that concern the voluntary nature of work in prisons. The Committee also requests the Government to indicate whether, as part of the reform and modernization of the justice system to which the Government referred previously, the regulations with respect to the working conditions of prisoners are in the process of being adopted.

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Articles 1(1) and 2(2) of the Convention. 1. Trafficking in persons. Referring to its previous comments, the Committee had requested the Government to provide detailed information on the measures adopted with a view to preventing, suppressing and punishing trafficking in persons for the purposes of exploitation and on the difficulties encountered by the public authorities in that respect.

The Committee notes the Government’s indication in its latest report that it has reinforced its juridical framework in order to combat the trafficking of persons and that it has signed several agreements on the subject, notably the United Nations Convention against Transnational Organized Crime and its additional Protocol to Prevent, Suppress and Punish Trafficking in Persons, and the Multilateral Cooperation Agreement to Combat Trafficking in Persons, Especially Women and Children, in West and Central Africa, signed in July 2006, under which a plan of action was adopted in 2007. While noting this information, the Committee requests the Government to provide it with information on the steps taken, both in terms of legislation and in practice, to implement the various international and regional cooperation agreements it has signed in pursuit of its anti-trafficking policy.

2. Powers of requisitioning in the event of a strike. The Committee noted in previous comments that section 7 of the General Conditions of Service of Public Officials (Ordinance No. 1 of 4 January 1968) authorizes the Government to limit the exercise of the right to strike by public officials by means of collective or individual requisitions. It noted also the Government’s indication at the Conference Committee on the Application of Standards in June 2009; that no use had been made of the right to requisitioning and that a reform was envisaged in the General Conditions of Service of Public Officials which would cover the question of that right.

In its latest report, the Government indicated that the main texts governing public liberties and freedoms, including those dealing with the public service, were to be extensively revised under the programmes to reform and modernize the public service and to streamline the judicial system. The text containing the general statutes of the public service had, pending its adoption, already been examined twice by the Council of Ministers in 2011 and the Penal Code is in the process of revision. In addition, a study is to be carried out on the establishment of a list of essential services for which the Government will seek the support of the ILO.

The Committee notes further that, in its concluding observations, the Human Rights Committee of the United Nations had indicated that: “while it notes the State party’s assurances that legislative reforms are well advanced, namely the imminent adoption of the Criminal Code (…) the Committee notes with concern that the reforms were still at the planning stage, while the Committee had already made a recommendation on their implementation in its preceding concluding observations in 2002” (CCPR/C/TGO/CO/4, March–April 2011). Therefore, the Committee urges the Government to take the necessary steps to ensure that the legislation is duly amended on the subject of the power of requisitioning in the event of a strike, so as to bring it into line with the Convention.

Article 2(2)(c) of the Convention. Prison labour. Penal labour of general interest. In its previous comments, the Committee requested the Government to provide copies of the regulations issued under sections 22, 26 and 35 of the 1908 Penal Code, under which the conditions of work and employment of persons convicted to a sentence of imprisonment (for a criminal act) or of detention (for an offence) were to be determined by decree issued on the basis of a report by the Minister of Justice. The Committee also noted that section 35 includes penal labour of “general interest” among the lesser penalties and that the procedures for the employment and surveillance of persons sentenced to perform this type of work are also to be determined by order of the Minister of Justice.

The Committee likewise took note of the Government’s assurance before the Conference Committee on the Application of Standards in June 2009 that the programme for the reform and modernization of the judicial system included the formulation and adoption of texts to be issued under sections 22, 26 and 35 of the Penal Code, which would be communicated to the Office once they had been adopted.

In its latest report, the Government indicated that no penal labour of general interest had been ordered under section 35 of the Penal Code in 2011 and that copies of the regulations issued under sections 22, 26 and 35 of the Penal Code would be communicated to the Office once they had been adopted. While noting this information, the Committee requests the Government to provide information on the modalities of the application of this sentence in practice, when it is applied.

Referring to its comments under the Abolition of Forced Labour Convention, 1957 (No. 105), also ratified by the Government, the Committee notes the Government’s indication that the term “compulsory prison labour” was removed from the Criminal Code and gave way to optional work in prisons. The Committee therefore observes that prison labour is voluntary and is no longer compulsory. In this regard, the Committee requests the Government to provide a copy of the revised Penal Code, indicating the voluntary nature of work in prisons. The Committee also requests the Government to indicate whether within the framework process reform and modernization of the justice system, to which the Government referred during the Committee on the Application of Standards of the Conference in June 2009, regulations on the working conditions of prisoners are in the process of adoption.

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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:

Article 2(2)(c) of the Convention. Prison labour. Penal labour of general interest. In its previous comments, the Committee noted that, under the terms of sections 22 and 26 of the Penal Code, the conditions of work and employment of persons convicted to a sentence of imprisonment (for a criminal act) or of detention (for an offence) were to be determined by decree issued on the basis of a report by the Minister of Justice. Furthermore, section 34 includes penal labour of “general interest” among the lesser penalties. The procedures for the employment and surveillance of persons sentenced to perform this type of work are also to be determined by order of the Minister of Justice. Noting that none of the texts envisaged under the Penal Code had been adopted, the Committee reminded the Government of the provisions of Article 2(2)(c), of the Convention, under which, on the one hand, only persons convicted in a court of law may be subjected to compulsory labour and, on the other, such persons may not be hired to or placed at the disposal of private individuals, companies or associations within or outside prison establishments. The Government confirmed on that occasion that detainees who have not been convicted in a court of law are not obliged to perform any work, with the exception of the cleaning of their cells, and that no form of privatization of prison labour exists in Togo. The Government indicated to the Conference Committee on the Application of Standards in June 2009, that the programme for the reform and modernization of the judicial system includes the formulation and adoption of texts to be issued under sections 22, 26, and 35 of the Penal Code, which will be communicated to the office once they have been adopted.

The Committee once again requests the Government to indicate whether sentences of penal labour of general interest (the penalty envisaged in section 34 of the Penal Code) have been imposed and, if so, to provide information on the manner in which these penalties are given effect in practice. It also requests the Government to provide copies of the regulations issued under sections 22, 26 and 35 of the Penal Code, as soon as they are adopted.

Powers of requisitioning in the event of a strike. The Committee noted previously that section 7 of the General Conditions of Service of Public Officials (Ordinance No. 1 of 4 January 1968) authorizes the Government to limit the exercise of the right to strike by public officials by means of collective or individual requisitions. The Government indicated in a previous report that the text regulating the right to requisition had not been adopted. The Government indicated at the Conference Committee on the Application of Standards in June 2009 that no use had been made of the right to requisitioning. It also indicated that a reform was envisaged in the General Conditions of Service of Public Officials, which would include the right to requisitioning.

The Committee requests the Government to provide information on any new developments in this respect, and particularly on the progress made in the reform of the General Conditions of Service of Public Officials and its consequences in relation to the power of requisitioning in the event of a strike.

Trafficking in persons. The Committee noted previously that, in its concluding observations concerning Togo, the United Nations Committee on Economic, Social and Cultural Rights expressed its concern with the fact that “trafficking in women for the purpose of forced prostitution and of non-consensual labour of domestic servants persists” (E/C.12/1/Add.61 of 21 May 2001). During the discussion in the Conference Committee on the Application of Standards in June 2009, the Government referred to Act No. 2005-009 of 3 August 2005 respecting the trafficking of children in Togo. It also indicated that the specific case of women would be included in the overall process of reforming and modernizing the judicial system.

Having noted that the Government has not provided any information in reply to the Committee’s general observation of 2000, the Committee once again requests the Government to refer to the general observation and to provide detailed information on the measures adopted with a view to preventing, suppressing and punishing trafficking in persons for the purposes of exploitation and on the difficulties encountered by the public authorities in this respect.

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Article 2, paragraph 2(c), of the Convention. Prison labour. Penal labour of general interest. In its previous comments, the Committee noted that, under the terms of sections 22 and 26 of the Penal Code, the conditions of work and employment of persons convicted to a sentence of imprisonment (for a criminal act) or of detention (for an offence) were to be determined by decree issued on the basis of a report by the Minister of Justice. Furthermore, section 34 includes penal labour of “general interest” among the lesser penalties. The procedures for the employment and surveillance of persons sentenced to perform this type of work are also to be determined by order of the Minister of Justice. Noting that none of the texts envisaged under the Penal Code had been adopted, the Committee reminded the Government of the provisions of Article 2(2)(c), of the Convention, under which, on the one hand, only persons convicted in a court of law may be subjected to compulsory labour and, on the other, such persons may not be hired to or placed at the disposal of private individuals, companies or associations within or outside prison establishments. The Government confirmed on that occasion that detainees who have not been convicted in a court of law are not obliged to perform any work, with the exception of the cleaning of their cells, and that no form of privatization of prison labour exists in Togo. The Government indicated to the Conference Committee on the Application of Standards in June 2009, that the programme for the reform and modernization of the judicial system includes the formulation and adoption of texts to be issued under sections 22, 26, and 35 of the Penal Code, which will be communicated to the office once they have been adopted.

The Committee once again requests the Government to indicate whether sentences of penal labour of general interest (the penalty envisaged in section 34 of the Penal Code) have been imposed and, if so, to provide information on the manner in which these penalties are given effect in practice. It also requests the Government to provide copies of the regulations issued under sections 22, 26 and 35 of the Penal Code, as soon as they are adopted.

Powers of requisitioning in the event of a strike. The Committee noted previously that section 7 of the General Conditions of Service of Public Officials (Ordinance No. 1 of 4 January 1968) authorizes the Government to limit the exercise of the right to strike by public officials by means of collective or individual requisitions. The Government indicated in a previous report that the text regulating the right to requisition had not been adopted. The Government indicated at the Conference Committee on the Application of Standards in June 2009 that no use had been made of the right to requisitioning. It also indicated that a reform was envisaged in the General Conditions of Service of Public Officials, which would include the right to requisitioning.

The Committee requests the Government to provide information on any new developments in this respect, and particularly on the progress made in the reform of the General Conditions of Service of Public Officials and its consequences in relation to the power of requisitioning in the event of a strike.

Trafficking in persons. The Committee noted previously that, in its concluding observations concerning Togo, the United Nations Committee on Economic, Social and Cultural Rights expressed its concern with the fact that “trafficking in women for the purpose of forced prostitution and of non-consensual labour of domestic servants persists” (E/C.12/1/Add.61 of 21 May 2001). During the discussion in the Conference Committee on the Application of Standards in June 2009, the Government referred to Act No. 2005-009 of 3 August 2005 respecting the trafficking of children in Togo. It also indicated that the specific case of women would be included in the overall process of reforming and modernizing the judicial system.

Having noted that the Government has not provided any information in reply to the Committee’s general observation of 2000, the Committee once again requests the Government to refer to the general observation and to provide detailed information on the measures adopted with a view to preventing, suppressing and punishing trafficking in persons for the purposes of exploitation and on the difficulties encountered by the public authorities in this respect.

The Committee expresses the firm hope that the Government will be in a position to provide the requested information in its next report.

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The Committee notes with regret that, for the fifth consecutive year, the Government has not provided a report on the application of the Convention. However, the Government provided information orally to the Conference Committee on the Application of Standards (98th Session, June 2009), which is noted by the Committee of Experts.

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Child labour in domestic service and apprenticeship under conditions similar to forced labour. In its previous comments, the Committee noted a communication dated 6 July 2006 from the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), and the World Confederation of Labour (WCL), containing observations on the existence of situations similar to forced labour affecting children in domestic service and in the context of apprenticeship. According to the information contained in this communication, many children from rural areas are employed as domestic workers in urban areas. These children work long days (often from 4 a.m. to 11 p.m.) seven days a week, and carry out their work under the constant threat of physical violence and dismissal. The communication also reported the exploitation of apprentices working in the informal economy under conditions amounting to debt bondage. The apprentices are entrusted by their parents to an employer with the objective of learning a trade. During their apprenticeship, they are subjected to the menial tasks of fetching water, washing and housework. In certain mechanical and woodworking workshops, they act as night guards under conditions described as being deplorable. The very high fee for apprenticeship demanded by certain employers prevent apprentices from freeing themselves at the end of their contracts, thereby obliging them to work for free for long periods. One year of free work is sometimes required from apprentices as a gesture of gratitude. During holiday periods, apprentices often work until the early hours of the morning without financial compensation, particularly in clothes-making workshops and hairdressing establishments.

The Committee notes that the Government has made no comment on this communication, which was forwarded to it on 20 July 2006. In the context of the Conference Committee on the Application of Standards in June 2009, the Government confined itself to indicating that two Bills were to be submitted to the National Council on Labour and Social Legislation in August 2009: a draft Code of apprenticeship clarifying the role, responsibilities and obligations of the various actors, and a draft order determining the conditions for the use of domestic work.

The Committee requests the Government to take all the necessary measures in law and practice on an urgent basis to bring an end to the situations of exploitation experienced by certain children in domestic service and apprenticeship, which are similar to forced labour within the meaning of the Convention, as their work is imposed under the menace of a penalty (ill-treatment) and they cannot validly give their consent to the performance of such work as, in view of the conditions under which it is carried out, it is likely to harm their health, safety and development. It also requests the Government to provide information on the progress made concerning the two Bills respecting apprenticeship and domestic work and to provide a copy of these texts to the Office once they have been adopted.

The Committee refers to its comments concerning the application of the Worst Forms of Child Labour Convention, 1999 (No. 182). Since the Government has not provided the information requested in reply to its comments made both under Convention No. 182 and under Convention No. 29, the Committee reiterates its comments on the application of Convention No. 29. In the future, these issues will be examined exclusively and more specifically under Convention No. 182, since the latter Convention provides that forced labour is one of the worst forms of child labour.

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

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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 following matters raised in its previous direct request:

1. The Committee takes note of the communication dated 6 July 2006 received from the International Confederation of Free Trade Unions and the World Confederation of Labour, which contains observations concerning the work of children as domestic servants, as well as conditions of work of apprentices. The Committee notes that this communication was transmitted to the Government, on 20 July 2006, for such comments as might be considered appropriate. The Committee hopes that the Government will provide its comments on the matters raised in the abovementioned communication with its next report.

2. Article 2(2)(c) of the Convention. In its previous comments, the Committee noted that, under the terms of sections 22 and 26 of the Penal Code, the conditions of work and employment of persons convicted to a sentence of imprisonment (for a criminal act) or of detention (for an offence) shall be determined by decree issued on the basis of a report by the Minister of Justice. Furthermore, section 35 includes penal labour of “general interest” among the lesser penalties. The procedures for the employment and surveillance of persons sentenced to perform this type of work are also to be determined by order of the Minister of Justice. Noting that none of the texts envisaged under the Penal Code had been adopted, the Committee reminded the Government of the provisions of Article 2, paragraph 2(c), of the Convention under which, on the one hand, only persons convicted in a court of law may be subjected to compulsory labour and, on the other, such persons may not be hired to or placed at the disposal of private individuals, companies or associations within or outside prison establishments. The Government confirmed on that occasion that detainees who have not been convicted in a court of law are not obliged to perform any work, with the exception of the cleaning of their cell, and that no form of privatization of prison labour exists in Togo.

The Committee would be grateful if the Government could indicate whether sentences of penal labour of general interest (the penalty which may be imposed under section 34 of the Penal Code) have been imposed and, if so, to provide information on the manner in which these penalties are performed in practice. Please also provide copies of the implementing decrees envisaged under sections 22, 26 and 36 of the Penal Code when they are adopted.

3. Powers of requisitioning in the event of a strike. The Committee noted that section 7 of the General Conditions of Service of Public Officials (Ordinance No. 1 of 4 January 1968) authorizes the Government to limit the exercise of the right to strike by public officials by means of collective or individual requisitions. The Government indicates in its report that it has not been possible to adopt texts regulating the right to requisition. The Committee requests the Government to provide information on any new developments in this respect. It would also be grateful if the Government would indicate whether use has been made of the power of requisitioning and, if so, in what circumstances.

4. Trafficking in persons. The Committee notes that in its concluding observations concerning Togo, the United Nations Committee on Economic, Social and Cultural Rights indicated that it was concerned that “trafficking in women for the purpose of forced prostitution and of non-consensual labour as domestic servants persists” (E/C.12/1/Add. 61 of 21 May 2001). Noting that the Government has not provided any information in reply to the Committee’s request for information in its general observation in 2000, the Committee requests it to refer to this general observation and to provide detailed information on the measures adopted with a view to preventing, repressing and punishing trafficking in persons for the purposes of exploitation and on the difficulties encountered by the public authorities in this respect.

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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:

1. The Committee takes note of the communication dated 6 July 2006 received from the International Confederation of Free Trade Unions and the World Confederation of Labour, which contains observations concerning the work of children as domestic servants, as well as conditions of work of apprentices. The Committee notes that this communication was transmitted to the Government, on 20 July 2006, for such comments as might be considered appropriate. The Committee hopes that the Government will provide its comments on the matters raised in the abovementioned communication with its next report.

2. Article 2(2)(c) of the Convention. In its previous comments, the Committee noted that, under the terms of sections 22 and 26 of the Penal Code, the conditions of work and employment of persons convicted to a sentence of imprisonment (for a criminal act) or of detention (for an offence) shall be determined by decree issued on the basis of a report by the Minister of Justice. Furthermore, section 35 includes penal labour of “general interest” among the lesser penalties. The procedures for the employment and surveillance of persons sentenced to perform this type of work are also to be determined by order of the Minister of Justice. Noting that none of the texts envisaged under the Penal Code had been adopted, the Committee reminded the Government of the provisions of Article 2, paragraph 2(c), of the Convention under which, on the one hand, only persons convicted in a court of law may be subjected to compulsory labour and, on the other, such persons may not be hired to or placed at the disposal of private individuals, companies or associations within or outside prison establishments. The Government confirmed on that occasion that detainees who have not been convicted in a court of law are not obliged to perform any work, with the exception of the cleaning of their cell, and that no form of privatization of prison labour exists in Togo.

The Committee would be grateful if the Government could indicate whether sentences of penal labour of general interest (the penalty which may be imposed under section 34 of the Penal Code) have been imposed and, if so, to provide information on the manner in which these penalties are performed in practice. Please also provide copies of the implementing decrees envisaged under sections 22, 26 and 36 of the Penal Code when they are adopted.

3. Powers of requisitioning in the event of a strike. The Committee noted that section 7 of the General Conditions of Service of Public Officials (Ordinance No. 1 of 4 January 1968) authorizes the Government to limit the exercise of the right to strike by public officials by means of collective or individual requisitions. The Government indicates in its report that it has not been possible to adopt texts regulating the right to requisition. The Committee requests the Government to provide information on any new developments in this respect. It would also be grateful if the Government would indicate whether use has been made of the power of requisitioning and, if so, in what circumstances.

4. Trafficking in persons. The Committee notes that in its concluding observations concerning Togo, the United Nations Committee on Economic, Social and Cultural Rights indicated that it was concerned that “trafficking in women for the purpose of forced prostitution and of non-consensual labour as domestic servants persists” (E/C.12/1/Add. 61 of 21 May 2001). Noting that the Government has not provided any information in reply to the Committee’s request for information in its general observation in 2000, the Committee requests it to refer to this general observation and to provide detailed information on the measures adopted with a view to preventing, repressing and punishing trafficking in persons for the purposes of exploitation and on the difficulties encountered by the public authorities in this respect.

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1. The Committee takes note of the communication dated 6 July 2006 received from the International Confederation of Free Trade Unions and the World Confederation of Labour, which contains observations concerning the work of children as domestic servants, as well as conditions of work of apprentices. The Committee notes that this communication was transmitted to the Government, on 20 July 2006, for such comments as might be considered appropriate. The Committee hopes that the Government will provide its comments on the matters raised in the abovementioned communication with its next report.

2. 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 following matters raised in its previous direct request:

The Committee has noted the Government’s indication that the draft Labour Code will prohibit forced or compulsory labour and will define the various forms of forced labour. The Committee hopes that this Labour Code will be adopted in the near future and requests the Government to provide a copy.

Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee noted that, under the terms of sections 22 and 26 of the Penal Code, the conditions of work and employment of persons convicted to a sentence of imprisonment (for a criminal act) or of detention (for an offence) shall be determined by decree issued on the basis of a report by the Minister of Justice. Furthermore, section 35 includes penal labour of “general interest” among the lesser penalties. The procedures for the employment and surveillance of persons sentenced to perform this type of work are also to be determined by order of the Minister of Justice. Noting that none of the texts envisaged under the Penal Code had been adopted, the Committee reminded the Government of the provisions of Article 2, paragraph 2(c), of the Convention under which, on the one hand, only persons convicted in a court of law may be subjected to compulsory labour and, on the other, such persons may not be hired to or placed at the disposal of private individuals, companies or associations within or outside prison establishments. The Government confirmed on that occasion that detainees who have not been convicted in a court of law are not obliged to perform any work, with the exception of the cleaning of their cell, and that no form of privatization of prison labour exists in Togo.

The Committee would be grateful if the Government could indicate whether sentences of penal labour of general interest (the penalty which may be imposed under section 34 of the Penal Code) have been imposed and, if so, to provide information on the manner in which these penalties are performed in practice. Please also provide copies of the implementing decrees envisaged under sections 22, 26 and 36 of the Penal Code when they are adopted.

Powers of requisitioning in the event of a strike. The Committee noted that section 7 of the General Conditions of Service of Public Officials (Ordinance No. 1 of 4 January 1968) authorizes the Government to limit the exercise of the right to strike by public officials by means of collective or individual requisitions. The Government indicates in its report that it has not been possible to adopt texts regulating the right to requisition. The Committee requests the Government to provide information on any new developments in this respect. It would also be grateful if the Government would indicate whether use has been made of the power of requisitioning and, if so, in what circumstances.

Trafficking in persons. The Committee notes that in its concluding observations concerning Togo, the United Nations Committee on Economic, Social and Cultural Rights indicated that it was concerned that “trafficking in women for the purpose of forced prostitution and of non-consensual labour as domestic servants persists” (E/C.12/1/Add. 61 of 21 May 2001). Noting that the Government has not provided any information in reply to the Committee’s request for information in its general observation in 2000, the Committee requests it to refer to this general observation and to provide detailed information on the measures adopted with a view to preventing, repressing and punishing trafficking in persons for the purposes of exploitation and on the difficulties encountered by the public authorities in this respect.

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The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

The Committee has noted the Government’s indication that the draft Labour Code will prohibit forced or compulsory labour and will define the various forms of forced labour. The Committee hopes that this Labour Code will be adopted in the near future and requests the Government to provide a copy.

Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee noted that, under the terms of sections 22 and 26 of the Penal Code, the conditions of work and employment of persons convicted to a sentence of imprisonment (for a criminal act) or of detention (for an offence) shall be determined by decree issued on the basis of a report by the Minister of Justice. Furthermore, section 35 includes penal labour of "general interest" among the lesser penalties. The procedures for the employment and surveillance of persons sentenced to perform this type of work are also to be determined by order of the Minister of Justice. Noting that none of the texts envisaged under the Penal Code had been adopted, the Committee reminded the Government of the provisions of Article 2, paragraph 2(c), of the Convention under which, on the one hand, only persons convicted in a court of law may be subjected to compulsory labour and, on the other, such persons may not be hired to or placed at the disposal of private individuals, companies or associations within or outside prison establishments. The Government confirmed on that occasion that detainees who have not been convicted in a court of law are not obliged to perform any work, with the exception of the cleaning of their cell, and that no form of privatization of prison labour exists in Togo.

The Committee would be grateful if the Government could indicate whether sentences of penal labour of general interest (the penalty which may be imposed under section 34 of the Penal Code) have been imposed and, if so, to provide information on the manner in which these penalties are performed in practice. Please also provide copies of the implementing decrees envisaged under sections 22, 26 and 36 of the Penal Code when they are adopted.

Powers of requisitioning in the event of a strike. The Committee noted that section 7 of the General Conditions of Service of Public Officials (Ordinance No. 1 of 4 January 1968) authorizes the Government to limit the exercise of the right to strike by public officials by means of collective or individual requisitions. The Government indicates in its report that it has not been possible to adopt texts regulating the right to requisition. The Committee requests the Government to provide information on any new developments in this respect. It would also be grateful if the Government would indicate whether use has been made of the power of requisitioning and, if so, in what circumstances.

Trafficking in persons. The Committee notes that in its concluding observations concerning Togo, the United Nations Committee on Economic, Social and Cultural Rights indicated that it was concerned that "trafficking in women for the purpose of forced prostitution and of non-consensual labour as domestic servants persists" (E/C.12/1/Add. 61 of 21 May 2001). Noting that the Government has not provided any information in reply to the Committee’s request for information in its general observation in 2000, the Committee requests it to refer to this general observation and to provide detailed information on the measures adopted with a view to preventing, repressing and punishing trafficking in persons for the purposes of exploitation and on the difficulties encountered by the public authorities in this respect.

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The Committee notes the Government’s latest reports. It notes the Government’s indication that the draft Labour Code will prohibit forced or compulsory labour and will define the various forms of forced labour. The Committee hopes that this Labour Code will be adopted in the near future and requests the Government to provide a copy.

Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee noted that, under the terms of sections 22 and 26 of the Penal Code, the conditions of work and employment of persons convicted to a sentence of imprisonment (for a criminal act) or of detention (for an offence) shall be determined by decree issued on the basis of a report by the Minister of Justice. Furthermore, section 35 includes penal labour of "general interest" among the lesser penalties. The procedures for the employment and surveillance of persons sentenced to perform this type of work are also to be determined by order of the Minister of Justice. Noting that none of the texts envisaged under the Penal Code had been adopted, the Committee reminded the Government of the provisions of Article 2, paragraph 2(c), of the Convention under which, on the one hand, only persons convicted in a court of law may be subjected to compulsory labour and, on the other, such persons may not be hired to or placed at the disposal of private individuals, companies or associations within or outside prison establishments. The Government confirmed on that occasion that detainees who have not been convicted in a court of law are not obliged to perform any work, with the exception of the cleaning of their cell, and that no form of privatization of prison labour exists in Togo.

The Committee would be grateful if the Government could indicate whether sentences of penal labour of general interest (the penalty which may be imposed under section 34 of the Penal Code) have been imposed and, if so, to provide information on the manner in which these penalties are performed in practice. Please also provide copies of the implementing decrees envisaged under sections 22, 26 and 36 of the Penal Code when they are adopted.

Powers of requisitioning in the event of a strike. The Committee noted that section 7 of the General Conditions of Service of Public Officials (Ordinance No. 1 of 4 January 1968) authorizes the Government to limit the exercise of the right to strike by public officials by means of collective or individual requisitions. The Government indicates in its report that it has not been possible to adopt texts regulating the right to requisition. The Committee requests the Government to provide information on any new developments in this respect. It would also be grateful if the Government would indicate whether use has been made of the power of requisitioning and, if so, in what circumstances.

Trafficking in persons. The Committee notes that in its concluding observations concerning Togo, the United Nations Committee on Economic, Social and Cultural Rights indicated that it was concerned that "trafficking in women for the purpose of forced prostitution and of non-consensual labour as domestic servants persists" (E/C.12/1/Add. 61 of 21 May 2001). Noting that the Government has not provided any information in reply to the Committee’s request for information in its general observation in 2000, the Committee requests it to refer to this general observation and to provide detailed information on the measures adopted with a view to preventing, repressing and punishing trafficking in persons for the purposes of exploitation and on the difficulties encountered by the public authorities in this respect.

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Article 2, paragraph 1, of the Convention. Trafficking in children. In its previous comments, the Committee noted the information concerning Togo contained in the summary report entitled "Combating trafficking in children for labour exploitation in West and Central Africa" (IPEC/ILO, 2001), prepared in the context of the subregional project to combat trafficking in children for labour exploitation in Africa of the International Programme on the Elimination of Child Labour (IPEC). In all nine of the countries in the region covered by the report, trafficking in children constitutes a national and transboundary phenomenon. The report indicates that Togo, which is a country of origin, transit and destination, has been engaged for a certain length of time in combating trafficking in children. The Committee noted in this context several measures taken by the Government: the drafting of a Bill establishing a minimum age for the placement of children and punishing their trafficking; the adoption of a national action plan in March 1999 by the Ministry of Social Affairs which, in January 1998, had issued a directive to the directors of regional social services on trafficking in children recommending concerted action with communities, associations and NGOs, and the establishment of special programmes to combat trafficking in children, including those undertaken in collaboration with the IPEC programme.

The Committee requested the Government to provide information on the results achieved following the adoption of the national action plan and the programmes to combat trafficking in children and on the legal proceedings instituted against those responsible for the trafficking in children and the penalties imposed.

The Committee notes that the Government has not provided information on this subject in its last two reports. However, it indicates that the study-survey on the elimination of obstacles to the application of fundamental labour principles and rights, launched by the Government and undertaken with ILO support, has revealed the existence of certain practices similar to forced labour and that these practices are expected to disappear progressively in view of the action taken in the context of the project to support the implementation of the ILO Declaration (PAMODEC). The Committee notes the indication in the study-survey that a significant number of children from rural areas of Togo are taken to urban centres to perform domestic work, act as porters in major markets, serve in bars (fufu-bars and dance halls) or for their sexual exploitation in Togo or abroad, mostly without an employment contract and against their will. The study also refers to the situation of children from Togo working in plantations in Côte d’Ivoire far from centres of habitation and therefore with no possibility of escaping from their owners. The Committee also notes a preliminary draft of a Bill defining the trafficking of children to be discussed by the Council of Ministers.

The Committee also notes that in its concluding observations on Togo, the United Nations Committee on Economic, Social and Cultural Rights notes with concern that trafficking in persons predominantly concerns children, who are sold as young as two years old for future work on plantations or as house servants. These children are allegedly exploited extensively, poorly fed, crudely clothed and inadequately cared for. While recognizing the efforts made by the Government to address the problem of the trafficking in children, such as conducting public-awareness campaigns and organizing a workshop for border police and other law enforcement officers on child trafficking trends and judicial remedies, the Committee on Economic, Social and Cultural Rights notes that the root causes of these problems have not been adequately addressed (E/C.12/1/Add. 61 of 21 May 2001).

The Committee also notes the recent report of the United Nations Commission on Crime Prevention and Criminal Justice (Report on the Twelfth Session, 13-22 May 2003, E/CN.15/2003/14). In a thematic discussion of "trafficking in human beings, especially women and children", Togo is cited as an example of effective action. The report states that "despite the relative lack of resources, Togo had established and equipped monitoring committees around the country, mounted awareness-raising campaigns and set up programmes to provide school supplies to children and economic support to mothers, aimed at reducing the incidence of trafficking in children."

The Committee recalls that trafficking in persons constitutes a grave violation of the Convention. In view of all the above information, it requests the Government to provide detailed information on the results achieved through the various measures adopted to combat trafficking in children and on any difficulties encountered in their implementation. The Committee would also be grateful if the Government would indicate whether new legislative measures have been adopted with a view to the repression of trafficking in children and whether legal action has been taken against those responsible for such acts, with an indication of the penalties imposed. The Committee recalls in this respect that, under the terms of Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and any Member ratifying the Convention is under the obligation to ensure that such penalties are really adequate and strictly enforced.

Finally, the Committee notes that Togo has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), which provides in Article 3, paragraph (a), that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour." The Committee draws the Government’s attention to the fact that the protection of children is reinforced by the fact that Convention No. 182 places the obligation on States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to provide the information requested above in its report on the application of Convention No. 182.

The Committee is also addressing a request directly to the Government on other points.

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Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee asked the Government to provide copies of any texts setting out practical arrangements and regulations for prison labour which may have been adopted pursuant to sections 22, 26 and 35(3) of the Penal Code of 1980.

In its last comment, the Committee noted that no such texts had been adopted but that the Government was planning enactment of the following, pursuant to the provisions of the Penal Code of 1980:

(a)  a decree to establish the working conditions of prisoners and the disciplinary regulations of the establishment;

(b)  an order to establish the working conditions, supervision and employment of convicted prisoners; and

(c)  an order to establish the employment and working arrangements of persons sentenced to penal labour.

The Committee expressed the hope that the above text would be drafted in compliance with the conditions set forth in Article 2, paragraph 2(c), of the Convention, that is, only persons convicted in a court of law may be subjected to compulsory labour and, furthermore, these persons must not be hired to or placed at the disposal of private individuals, companies or associations, either inside or outside prisons. However, the Committee also recalled that, as noted in paragraph 97 of its General Survey of 1979 on the abolition of forced labour, the Convention is not opposed to allowing certain prisoners the possibility of voluntarily accepting employment with private employers, subject to guarantees as to the payment of normal wages and social security, etc.

The Committee notes the Government’s statement in its last report that it undertakes to provide the adopted texts shortly. The Government also states that pre trial and other prisoners not convicted by a court of law are not compelled to perform any work other than the cleaning of cells.

The Committee takes due note of this information and asks the Government to provide copies of the texts in force governing the execution of penalties and the regulation of prison labour, and copies of the new texts as soon as they have been adopted.

Authority to requisition in the event of a strike. The Committee notes that section 7 of Ordinance No. 1 of 4 January 1968 issuing the General Public Service Regulations allows the Government to requisition public servants individually or in a group and stipulates that the authority to requisition must not be a means of opposing a strike by public servants in order to eliminate their claims. The Committee asks the Government to provide copies of the texts regulating the authority to requisition together with information on the penalties imposed for refusing to obey a requisition order.

Freedom of workers to leave their jobs. According to sections 105 and 106 of Ordinance No. 1 of 4 January 1968, an application to resign by a public servant will be accepted only if it has the agreement of the appointing authority. Refusals may be challenged before the Joint Administrative Committee, which sends a reasoned opinion to the competent authority for decision. The Committee observes that there is no provision which sets the criteria for refusal or a time limit for the decision. Nor is there any reference to the available means of challenging the decision of the above authority. The Committee observes that any termination of appointment exposes the public official to revocation and suspension of pension entitlements, which constitutes a penalty within the meaning of Article 2, paragraph 1, of the Convention.

In its General Survey of 1979 on the abolition of forced labour, the Committee considered that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Conventions relating to forced labour.

The Committee acts the Government to indicate the measures taken or envisaged to ensure that public servants are free to leave their employment by means of notice of reasonable length.

Article 2, paragraph 1. The Committee notes the summary report of the subregional project of the International Programme on the Elimination of Child Labour (IPEC/ILO, 2001) entitled "Combating trafficking in children for labour exploitation in West and Central Africa". According to this report, the Government started to tackle child trafficking three years ago. Special programmes to combat such trafficking are being implemented. The report on Togo indicates that 70 children repatriated to Togo after being sold abroad were between 6 and 14 years of age, and that 70 per cent of them were girls. Where girls have been the victims of such trafficking, they were younger than the boys: 88 per cent of the girls were under 15 years of age whereas 62 per cent of the boys were over 15. The girls who were repatriated had worked as servants in small restaurants in Niger or Burkina Faso and as itinerant traders, waitresses or servants in Gabon. In Togo the intermediaries entice the children by giving them a bicycle or a radio by way of payment. Togo is a receiving country for child trafficking and Togolese children are also victims of trafficking. The abovementioned report indicates that Togo has drafted a bill establishing a minimum age for the placement of children and punishing such trafficking. A national action plan was prepared in March 1999 by the Ministry of Social Affairs, which had also issued a directive on child trafficking in January 1998. The above report on Togo indicates that an agreement was signed in October 1984 between Ghana, Benin, Nigeria and Togo to facilitate the return of the victims of child trafficking and the extradition of the traffickers. Special programmes have been set up to combat child trafficking. The ILO/IPEC is on the point of starting programmes in Togo.

Article 25. According to Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and any Member ratifying the Convention must ensure that the penalties imposed by law are really adequate and are strictly enforced. The Committee observes that, according to the Government’s report, no proceedings have been initiated to punish persons responsible for trafficking in children for labour exploitation. The Committee asks the Government to provide a copy of the law establishing a minimum age for the placement of children and punishing child trafficking if it has been adopted, and a copy of the directive on child trafficking. Please also provide information on the evaluation of the national action plan of March 1999, the programmes to combat child trafficking and the agreement of 1984. The Committee also asks the Government to provide information on the legal proceedings instituted against those responsible and the penalties imposed.

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The Committee notes the Government's report.

1. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee requested the Government to provide copies of any texts setting out practical procedures and regulations with respect to prison labour which might have been adopted in accordance with sections 22, 26 and 35, (3), of the 1980 Penal Code.

The Committee notes the Government's indication that, to date, none of these texts has been adopted, but that it is envisaging adoption, in application of the provisions of the 1980 Penal Code, of the following:

(a) a decree to establish the working conditions of prisoners and the disciplinary regulations of the establishment;

(b) an order to establish the working conditions, supervision and employment of convicted prisoners;

(c) an order to establish procedures for the employment and work of persons sentenced to penal labour.

The Committee trusts that these texts will be drafted in compliance with the conditions set forth in Article 2, paragraph 2(c), of the Convention, that is, that only persons convicted in a court of law may be subjected to compulsory labour and furthermore, that these persons must not be hired or placed at the disposal of private individuals, companies or associations, either inside or outside of prisons. However, as the Committee noted in paragraph 97 of its 1979 General Survey on the abolition of forced labour, the Convention is not opposed to allowing certain prisoners the possibility of voluntarily accepting employment with private employers, subject to guarantees as to the payment of normal wages and social security, etc.

The Committee hopes the Government will soon transmit texts adopted in compliance with the Convention.

Pending adoption of such texts, it requests the Government to supply information on the present practical situation firstly, regarding the status of detainees and other prisoners not sentenced by a court of law in respect of prison labour and secondly, on the following points raised in the general observation under the Convention made in the Committee's report to the 87th Session of the International Labour Conference (1999):

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prisons premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purposes of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoner's work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

2. Freedom of public servants to terminate their employment. In its previous comments, the Committee drew the attention of the Government to the need to repeal or amend any text which obliged public servants and military personnel to serve the State for a period of ten years in exchange for the training they have received.

The Committee notes from the Government's latest report that the practice of requiring prior agreement to a ten-year engagement, as a condition of entry to the various training schools, has long been abandoned, and has no legal basis in national legislation.

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The Committee takes note of the Government's report.

Article 2, paragraph 2(c), of the Convention. 1. In the comments which it has made since 1982, the Committee has requested the Government to provide copies of any texts setting out practical procedures and regulations with respect to prison labour which might have been adopted in accordance with section 22(2), 26(2) and 35(3) of the 1980 Penal Code. The Committee notes that the Government's report does not contain the information requested, and expresses the firm hope that the Government will be able to indicate whether such texts have been adopted and, if this is the case, to provide copies of the texts which have been requested for a number of years, or to provide information on any developments in this matter.

Freedom of public servants to terminate their employment. 2. The Committee in its previous comments since 1988 has referred to the absence of legislation or regulations to abolish the pre-determined ten-year engagement as a condition of entry for training in different establishments. The Government has indicated in earlier reports that the ten-year engagement is no longer applicable. The Committee requested the Government to take measures to bring its legislation into conformity with the stated practice. The Committee notes that, according to the Government's last report, the situation has not changed.

3. The Committee recalls that effective application of the Convention presupposes that both national practice and national legislation comply with the spirit and the letter of the forced labour Conventions. It therefore hopes that the Government will take the necessary measures to repeal or amend those provisions in national legislation which oblige public servants and military personnel to serve the State for a period of ten years in exchange for the training they have received, and that it will provide a copy of the relevant text.

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1. Article 2, paragraph 2(c), of the Convention. In its previous comments the Committee noted the practical procedures and provisions governing prison labour. It again expresses the hope that in one of its future reports the Government will provide a copy of any texts that have been issued under section 22(2), section 26(2) and section 35(3) of the Penal Code.

2. In its previous comments the Committee noted that a ten-year engagement was no longer one of the conditions for applying for admission to the various training establishments, but that no text had been adopted to repeal this requirement. The Committee notes from the information in the Government's latest report that this is still the case. It hopes that the Government will shortly be able to inform it of the provisions adopted to bring the law into conformity with the stated practice and with the Convention.

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1. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee noted that under sections 22(2) and 26(2) of the Penal Code of 1980, the working conditions and conditions of employment of persons sentenced to imprisonment are determined by decree and that, under section 35(3) of the same Code, the practical procedure for the employment and supervision of persons sentenced to penal labour are determined by Order. The Committee noted the Government's statement that the implementing texts had not yet been adopted. The Committee notes that the Government's last report contains no information on this subject and expresses the hope that the Government will provide the information in its next report, including any relevant texts that have been adopted.

2. Freedom of public servants and career servicemen to leave the service. In its previous comments, the Committee noted the Government's statement that a ten-year engagement is no longer one of the conditions for applying for admission to the various training establishments, and asked the Government to provide a copy of the provisions repealing this requirement. The Committee takes note of the Government's statement in its report that no texts have been adopted for this purpose. The Committee hopes that the Government will take the necessary steps to bring its legislation into conformity with the Convention and the practice described with regard to this point and that it will supply copies of any relevant texts adopted. The Committee also asks the Government once again to provide copies of the laws and regulations governing the length of service and the resignation of career servicemen.

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1. Article 2, paragraph 2(c) of the Convention. In its previous comments, the Committee noted that, under section 35(3) of the Penal Code, the procedure for the employment of persons sentenced to penal labour is determined by an Order, and, under sections 22(2) and 26(2) the working conditions and conditions of employment of persons sentenced to imprisonment involving compulsory labour and of those sentenced to ordinary imprisonment are determined by Decree. The Committee also noted the information supplied by the Government concerning the practical procedure and provisions applicable to prison labour, and requested the Government to supply copies of the texts to be issued under the above sections.

The Committee takes note of the information provided by the Government in its report, to the effect that it will not fail to forward the above texts when they are adopted. The Committee requests the Government to provide a copy of the texts as soon as they have been adopted.

2. Freedom of public servants and career servicemen to leave the service. In its previous request, the Committee asked the Government to provide a copy of any text establishing the conditions and arrangements under which the undertaking is made to serve the State for a predetermined period in exchange for training which has been received. The Committee notes from the Government's report that a ten-year engagement is no longer one of the conditions for applying for admission to the various training establishments. The Committee requests the Government to provide a copy of the texts repealing the requirement of a ten-year period of service and of the main texts currently governing admission to training establishments, particularly those which provide training for a career in administration. The Committee repeats its request to the Government to supply a copy of the laws and regulations governing the length of service and resignation of career servicemen who, according to the indications supplied by the Government in a previous report, are not covered by the Labour Code or the General Conditions of Service of Public Servants.