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

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

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

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

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

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