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

Minimum Age Convention, 1973 (No. 138) - Togo (Ratification: 1984)

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

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

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

Article 2. 1. Scope of application of the Convention. The Committee noted previously that the provisions of section 114, in conjunction with section 2, of the Labour Code, which prohibit work by young persons of 14 years of age and under, only apply to work performed for and under the direction of an employer. The Committee also notes that, by virtue of Chapter IV of the draft Labour Code, unless otherwise provided in respect of apprentices, children may not be employed in any enterprise, nor perform any type of work before the age of 15 years, unless an exception is made by order of the minister responsible for labour, after consulting the National Labour Council and taking into account local circumstances and the work which they may be called upon to perform. The Committee reminds the Government that the Convention covers all types of employment or work, including self-employment. It therefore hopes that the revision of the new Labour Code will bring it into conformity with the provisions of Article 2 of the Convention.

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

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

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

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

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

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

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