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

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that the Government is currently participating in a project to combat child labour through education implemented with the support of ILO–IPEC (the ILO–IPEC–CECLET project). It noted that various action programmes have been adopted in the context of this project.

The Committee notes that, in the context of the ILO–IPEC–CECLET project, a national survey on child labour in Togo (ENTE) was carried out and completed in 2010. The results of this study reveal that around six out of ten children (58.1 per cent) aged between 5 and 17 years, or approximately 1,177,341 children, are economically active at the national level. The ENTE also indicates that the incidence of children aged 5 to 14 years engaged in work that is to be abolished – meaning the performance by a child of prohibited work and, more generally, of types of work that should be eliminated as they are considered socially and morally undesirable by national law, including the provisions giving effect to the Convention – is 54.9 per cent, or approximately 894,360 children out of the 1,629,072 children aged 5 to 14 years in Togo. The results show that children aged 5 to 14 years generally work more in sectors such as agriculture (52.2 per cent) and domestic work (26.3 per cent) and others.

In this regard, the Committee notes the Government’s indication that the ILO–IPEC–CECLET project resulted in 12,279 children aged 8–15 years being prevented from entering or being removed from the worst forms of child labour particularly in the informal economy and the agricultural sector. The Committee also notes that, in the context of this project, a national action plan (PAN) against child labour is being developed, the key strategies of which will be awareness raising; the strengthening of educational alternatives; the enforcement of the legislation; increasing knowledge about child labour; the development of direct action programmes for prevention and rehabilitation; and the improvement and coordination of action, monitoring and supervision.

The Committee takes due note of the efforts made by the Government to combat child labour in Togo. The Committee requests the Government to continue its efforts to combat child labour, affording particular attention to children engaged in agriculture and the informal economy. It requests the Government to continue providing information on the number of children between the ages of 5–14 years who are prevented from prematurely entering the labour market and on the number of children removed from work in the context of the ILO–IPEC-CECLET project. Lastly, it requests the Government to provide information on the progress made in the development of the PAN and to provide a copy when it has been approved.

Article 2(1). Scope of application. In its previous comments, the Committee noted that section 150 of the Labour Code of 2006 provides that children under 15 years cannot be employed in any enterprise or perform any type of work, even on their own account. The Committee requested the Government to provide information on the measures adopted to strengthen the capacities of the labour inspection services with a view to ensuring that children who work on their own account or in the informal economy benefit from the protection of the Labour Code of 2006.

The Committee notes the Government’s indication that labour inspectors often benefit from training with a view to strengthening their capacities. The Committee therefore notes with interest that, to strengthen the action of the labour inspection services, particularly in relation to the supervision of the working conditions of children of working age, a number of measures have been adopted: (i) progressively increasing the number of inspectors through an active training policy in the National School of Administration; (ii) strengthening the network of areas covered, particularly by creating a regional labour directorate in each economic region and ten prefectural inspection services in densely populated areas, as well as creating new inspection areas in Lomé; and (iii) progressively allocating high-quality human resources to the inspection services. The Government also indicates that it envisages establishing, with the technical and financial support of the ILO, an information system on the activities of the labour inspection services to raise the visibility of the actions to be carried out to ensure compliance with the law. The Committee also notes that, according to information available to ILO–IPEC, actions have been carried out in the context of the ILO/IPEC/CECLET project with a view to strengthening labour inspection. These include 24 observation and monitoring missions led by 12 inspectors between 1 October 2001 and 31 March 2012 in the agricultural sector, the informal urban economy, restaurants and sand carriers, during which 293 children (121 girls and 172 boys) were detected. Taking due note of the efforts made by the Government, the Committee requests it to continue providing information on the measures taken to strengthen the capacities of the labour inspection services to ensure that all children under 15 years of age, including those who work on their own account or in the informal economy, benefit from the protection afforded by the Convention, and on the results achieved.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that certain provisions of Order No. 1464/MTEFP/DGTLS of 12 November 2007 authorize the employment of children from the age of 16 years on work likely to harm their health, safety or morals. The Committee also noted that section 12 authorizes children over 15 years of age to carry, drag or push loads of a weight of up to 140 kilograms for boys of 15 years of age employed in transport by wheelbarrow. The Committee also observed that there was no protection measure relating to the performance of these types of work. The Committee reminded the Government that under Article 3(3) of the Convention, national laws or regulations may, after consultation with employers’ and workers’ organizations, authorize the performance of hazardous types of work by adolescents from 16 years of age, on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity.

The Committee notes the Government’s indication that it takes into account its concern and undertakes to take the necessary measures to review Order No. 1464 to bring it into conformity with the provisions of the Convention, in consultation with the social partners in the near future. The Committee requests the Government to provide information on the progress made in reviewing Order No. 1464 with a view to bringing it into conformity with the requirements of Article 3(3) of the Convention. It requests the Government to provide a copy of the Order, once it has been revised.

Article 6. Apprenticeships. The Committee notes that, within the context of the ILO–IPEC–CECLET project, a draft code on apprenticeship has been prepared, which sets out in detail the conditions which must be respected by an apprenticeship contract and under which such a contract cannot start before the completion of compulsory schooling and, in any case, not before 15 years of age. Hoping that the draft code on apprenticeship will be adopted in the near future, the Committee requests the Government to provide information on the progress made in that respect.

Article 8. Artistic performances. The Committee previously noted that, under section 150 of the Labour Code of 2006, the minimum age for admission to employment or work is set at 15 years, unless derogations are envisaged by order of the minister responsible for labour. It noted the Government’s indication that, in accordance with section 150 of the Labour Code, an order derogating from the minimum age for admission to employment has been prepared and is awaiting approval by the National Council for Labour and Labour Laws, the members of which include employers’ and workers’ organizations.

The Committee notes the Government’s indication that a draft order has been submitted for approval by the National Council for Labour and Labour Laws. The draft order provides that, outside school hours and in the interest of art, science or education, the labour inspector may grant individual permits to children under 15 years of age to allow them to appear in public performances and to participate as actors or extras in films. The Government indicates that these derogations will be granted after consultation with the organizations of employers and workers concerned and will specify the number of hours of work authorized, and the working conditions. The Committee requests the Government to provide information on the progress made in the adoption of this draft order and to provide a copy of it, once it has been adopted. It also requests the Government to provide information on the granting of such individual permits in practice, once the draft order has been adopted.