Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - Togo (Ratification: 1999)

Article 1(a) of the Convention. Imposition of prison sentences involving an obligation to work as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that, under section 68 of the Penal Code (Act No. 2015-010 of 24 November 2015), persons sentenced to imprisonment are subjected to the obligation to work. It noted that, following the adoption of a new Penal Code in 2015, sections 290, 291 and 292 of that Code relating to defamation prescribe prison sentences of one to six months and a fine. The Committee further noted that section 86 of the Media Code establishes a penalty of three months to one year of imprisonment and a fine for any person who, through various means referred to in section 85 of the Code (written or printed matter, posters or drawings), incites the population to violate the laws of the Republic and that, in the event of a repeat offence, the maximum penalty may be doubled. The Committee requested the Government to provide information on the application of the above-mentioned sections in practice.

The Committee notes the Government’s indication in its report that in practice the court of first instance has never issued judgments on the basis of, or pursuant to, sections 290, 291 and 292 of the Penal Code. However, the Government adds that a judicial proceeding has been initiated on the basis of section 86 of the Media Code. This proceeding is still in progress.

The Committee notes that in the 2016 compilation prepared by the Office of the United Nations High Commissioner for Human Rights, the Human Rights Council noted that the Special Rapporteur on the situation of human rights defenders had received testimonies of continued harassment and intimidation of journalists who worked on human rights-related issues, reported information of cases of corruption of government officials or publicly criticized the Government. Some of them had faced criminal lawsuits for defamation or charged under the Media Code. The Special Rapporteur recommended that defamation be repealed from criminal jurisdiction and be handled in civil jurisdiction, with penalties proportionate to the harm done (A/HRC/WG.6/26/TGO/2, paragraphs 65 and 67).

The Committee notes this information and expresses concern at the continuing existence in the legislation of provisions which can be used to restrict the exercise of the freedom to express political or ideological views (orally, in the press or through other communications media) and which can result in the imposition of penalties involving compulsory prison labour. In this regard, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced labour, including compulsory prison labour, as a punishment for persons who, without having recourse to violence, hold or express political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected, under this provision, from punishment involving forced or compulsory labour thus includes the freedom to express political or ideological views (orally, in the press or through other communications media) (see 2012 General Survey on the fundamental Conventions, paragraph 302). The Committee urges the Government to take the necessary steps, in law and in practice, to ensure that no penalty involving compulsory labour can be imposed for the peaceful expression of political views or of opposition to the established order, for example by suppressing penal sanctions involving compulsory labour. The Committee requests the Government to provide information on all progress made in this respect. The Committee also requests the Government to provide further details on the judicial proceeding initiated on the basis of section 86 of the Media Code and to indicate the outcome thereof, as well as on any other proceedings initiated on this basis or on the basis of the above-mentioned sections of the Penal Code.

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