Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted was participating in a project to combat child labour through education that was being implemented with the support of ILO–IPEC (the ILO–IPEC–CECLET project), through which a national survey of child labour in Togo (ENTE) was carried out and completed. The survey revealed that around six out of ten children between 5 and 17 years of age (58.1 per cent or 1,177,341 children) were economically active at the national level. The survey also showed that the incidence of children aged 5 to 14 who were engaged in work 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 under national law – was 54.9 per cent. The results further showed that children aged 5 to 14 years worked in agriculture (52.2 per cent), domestic work (26.3 per cent) as well as other sectors.

The Committee notes the Government’s indication in its report that it has established several policies and strategies to abolish child labour and progressively raise the minimum age for admission to employment. These include the adoption by the Government of a Five-Year Action Plan (2013–17), which includes measures to combat child labour and the worst forms thereof. However, the Government’s report does not contain any information on the implementation of these strategies or their impact and the results achieved. Moreover, the Committee notes that, according to UNICEF statistics, the figure for child labour for the 2002–12 period was 28.3 per cent. The Committee once again notes with concern the number of children under the minimum age who work in Togo. The Committee therefore urges the Government to intensify its efforts to combat child labour, especially by devoting special attention to children working in agriculture and in the informal economy, and to provide information on the impact of the measures taken and the results achieved.

Article 2(1). Scope of application and labour inspection. In its previous comments, the Committee noted that section 150 of the Labour Code of 2006 provides that children under 15 years of age may not be employed in any enterprise or perform any type of work, even on their own account. The Committee noted with interest that a number of measures had been adopted to strengthen the action of the labour inspection services, especially with regard to monitoring the conditions of work of working-age children. The Government also indicated that, with ILO technical and financial support, it was planning to establish an information system relating to the activities of the labour inspectorate so as to create greater transparency in the action taken to enforce the law. Noting the lack of information provided on this matter, the Committee once again requests continue taking the necessary steps to strengthen the capacity of the labour inspection services to ensure that all children under 15 years of age, including those working on their own account or in the informal economy, enjoy the protection afforded by the Convention, and to provide information 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 in work that is liable to harm their health, safety or morals. The Committee also noted that section 12 authorizes children over 15 years of age to carry, pull or push heavy loads – weighing up to 140 kilograms in the case of some 15 year-old boys working with wheelbarrows. Furthermore, the Committee observed that there were no provisions as required by Article 3(3) of the Convention that protect them in this type of work. The Government indicated that it was committed to taking the necessary steps to revise Order No. 1464 in order to bring it into line with the Convention.

The Committee notes the Government’s indication that it considers Order No. 1464/MTEFP/DGTLS of 12 November 2007 to be in conformity with the Convention. The Committee is therefore bound to remind the Government once again 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 young persons from the age of 16 years 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 therefore urges the Government once again to take the necessary steps to ensure that Order No. 1464/MTEFP/DGTLS is amended in the near future to bring it into line with Article 3(3) of the Convention. It once again requests provide a copy of the Order, once it has been duly revised.

Article 6. Apprenticeships. The Committee previously noted that, under the ILO–IPEC–CECLET project, a draft code on apprenticeships has been prepared which specifies the conditions to be observed in apprenticeship contracts and stipulates that no such contracts may start before the completion of compulsory schooling and, in any case, not before the age of 15 years. The Apprenticeship Code has already received technical approval and is currently before the Government awaiting adoption by the Council of Ministers. Noting the lack of information received on this matter, the Committee hopes that the Apprenticeship Code will be adopted in the near future and once again requests provide information in this 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 exceptions are established by order of the Labour Minister. The Government indicated that, in accordance with section 150 of the Labour Code, an order establishing exceptions to the minimum age for admission to employment has been prepared and is awaiting approval by the National Council for Labour and Labour Legislation, the members of which include the social partners. 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 indicated that these exceptions will be granted after consultation with the employers’ and workers’ organizations concerned and will specify the authorized number of hours of work and the working conditions.

The Committee notes the Government’s indication that section 259 of the Children’s Code establishes the right of children to participate in cultural and artistic activities. The Committee recalls that Article 8 of the Convention provides for exceptions to the minimum age for admission to employment in individual cases for participation in activities such as artistic performances. However, it notes that section 259 does not constitute an exception to the minimum age for admission to work, but belongs to Part III of the Code, which establishes “children’s right to leisure and to recreation and cultural activities”. The Committee therefore requests take the necessary steps to adopt the draft order with a view to bringing the legislation into conformity with Article 8 of the Convention. It requests provide information on progress made in this respect and to send a copy of the order, once it has been adopted.