Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - Togo (Ratification: 1960)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously requested the Government to provide information on the application in practice of sections 317 and 338 of the Penal Code of 2015 in relation to the crimes of forced labour and trafficking in persons, both for sexual exploitation and for labour exploitation. It also requested the Government to provide information on the measures taken or envisaged to prevent, suppress and punish trafficking in persons and on any obstacles encountered by the authorities in these areas.

The Government states in its report that in 2017, under sections 317 and 338 of the Penal Code, 46 cases of trafficking in persons were reported, 43 cases were investigated, 43 cases were prosecuted, and 16 convictions were handed down. In 2018, 63 cases of trafficking in persons were reported, 49 cases were investigated, 49 cases were prosecuted, and eight convictions were handed down. The Government also indicates that approximately 40 trainers, including lawyers, magistrates, journalists and social workers, received training on trafficking in persons in Kpalimé in July 2020. The Government further emphasizes that the obstacles encountered regarding the fight against trafficking include a lack of care facilities for adult victims of trafficking in persons and the slowness of legal proceedings against trafficking. The Committee takes due note of the information provided by the Government and requests it to continue providing information on the number of reported violations, investigations, prosecutions and convictions for trafficking in persons, both for sexual exploitation and for labour exploitation, and to specify which sections of the Penal Code were used. It also asks the Government to indicate the penalties imposed on the perpetrators of trafficking in persons. The Committee requests the Government to continue providing information on the measures taken to provide strengthen the capacities of law enforcement bodies, and to provide information on the measures envisaged to improve the protection and support for adult victims of trafficking in persons.

Article 2(2)(c). Prison labour. The Committee previously noted section 68 of the Penal Code, which provides for compulsory prison labour and the adoption of a ministerial decree to determine prisoners’ conditions of work in prisons. The Committee requested the Government to provide further information on prison labour and on the adoption of the aforementioned decree.

The Government indicates that prisoners participate in vocational training workshops and vocational activities, including sewing, hairdressing, baking, carpentry, jewellery-making and soap-making. The prisoners choose and learn freely the trade they wish to pursue. A portion of the income from sales is used for prisoners, the other for stock renewal. The Government adds that in September 2019, for the first time, 22 prisoners participated in and passed the CFA exam, which certifies the completion of their apprenticeships. The Government also indicates that the ministerial decree on prisoners’ conditions of work in penitentiary institutions, provided for in section 68 of the Penal Code, has not yet been adopted. The Committee requests the Government to indicate whether prisoners can be required to perform work for the benefit of private individuals, companies or associations and, if so, to indicate the conditions governing this work. Furthermore, the Committee hopes that the ministerial decree on prisoners’ conditions of work in prisons will be adopted in the near future, and asks the Government to provide information on the progress made in this respect.