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

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

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted with concern the number of children under the minimum age who worked in Togo and urged the Government to intensify its efforts to combat child labour, particularly in agriculture and in the informal economy.

The Government indicates in its report that in 2016, the dashboard on child protection in Togo indicated that 1,424 children under 15 years of age were working; 860 of them were removed with the support of social welfare and non-governmental organizations. The Committee notes the lack of information provided by the Government on the steps taken to eliminate child labour. It also notes that the 2019-2022 Decent Work Country Programme (DWCP) provides for the implementation of a plan to combat unacceptable forms of work, including child labour and its worst forms.

The Committee notes that, according to the Multiple Indicator Cluster Survey (MICS) conducted in 2017 by the National Institute of Statistics and Economic and Demographic Studies (INSEED), in collaboration with the Ministry of Health and UNICEF, 43.2 per cent of children between 5 and 11 years of age are engaged in child labour and 25.2 per cent work in hazardous conditions (page 319). With regard to children between 12 and 14 years of age, 54.9 per cent are engaged in child labour and 39.4 per cent work in hazardous conditions (page 319). The Committee also notes the observations of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, in the report on her visit to Togo in May 2019, that children continue to work in markets in Lomé as porters and vendors. She emphasized that child labour was a socially acceptable practice. The Committee is bound to express its deep concern with regard to the persistent and considerable number of children who work in Togo, including in hazardous conditions. The Committee therefore urges the Government to take the necessary steps to ensure the effective abolition of child labour, including in hazardous work, particularly through the adoption and implementation of a national policy for the eradication of child labour. The Committee also asks the Government to take steps, without delay, to raise awareness of child labour among communities, and to provide information in this respect.

Article 2(1). Scope of application and labour inspection. The Committee previously 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 nor perform any type of work, even on their own account. It requested the Government to 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, benefit from the protection afforded by the Convention.

The Government indicates that the “Governance Project”, which aims to strengthen inspectors’ capacity with regard to fundamental principles and rights at work, has enabled labour inspectors to receive training on inspection in the informal economy. The Government also indicates that in 2017, a manual information-gathering system on the labour inspection services’ activities was introduced. In addition, the Committee notes, in its 2019 comment on the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that the Directorate General of Labour (DGT) envisages drawing up a lifelong training plan for labour inspectors. The Committee requests the Government to continue its efforts to strengthen the capacity of the labour inspection services, including in the informal economy, to identify children working below the minimum age for admission to employment, and asks the Government to provide information in this respect, as well as on the inclusion in the training plan for training on child labour. The Committee also requests the Government to provide information on the data gathered using the labour inspection services’ data-gathering system concerning child labour, including statistical information on the number and nature of reported violations, and the penalties imposed in the event of violations.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee previously noted that Order No. 1464/MTEFP/DGTLS of 12 November 2007 authorizes the employment of children from the age of 16 years in hazardous work. It also noted that the Order authorizes children over 15 years of age to handle heavy loads, weighing up to 140 kilograms for boys using hand carts. Furthermore, it observed the lack of protection measures for the performance of this work. The Committee asked the Government to take the necessary steps to amend Order No. 1464/MTEFP/DGTLS to bring it into conformity with the provisions of Article 3(3) of the Convention.

The Government indicates that new Order No. 1556/MPFTRAPS of 22 May 2020, determining the hazardous types of work that children are prohibited from performing, has been adopted and has replaced the previous Order No. 1464. With regard to boys employed to carry loads of up to 140 kilograms using hand carts, the Committee takes due note of the increase in the minimum age from 15 to 16 years of age. For this type of work, provision has also been made for children to be given vocational training, or adequate specific instruction, and for adequate hygiene, safety and health measures to be observed. In addition, the employer must pay for the child to undergo a medical examination every six months in order to assess his ability to continue with the work. Labour inspectors are responsible for ensuring compliance with these requirements, including in the informal economy.

However, the Committee notes that, under the provisions of Order No. 1556/MPFTRAPS, activities included among hazardous types of work are still authorized for children from 15 years of age, including carrying, pulling or pushing loads within the weight limit established in section 11. Other activities are authorized from 16 years of age, including turning vertical wheels, winches and pulleys (section 9 of the Order) and carrying, pulling or pushing certain loads within the weight limit established in section 11 of the Order. The Committee observes, on the one hand, that the provisions allow for certain types of hazardous work to be performed by persons under 16 years of age. It notes, on the other hand, that the types of hazardous work authorized for children from 16 years of age, not including the transport of loads using hand carts, do not appear to comply with the strict conditions regarding protection and prior training set out in Article 3(3) of the Convention. The Committee reminds the Government that, under Article 3(3) of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that: (i) the health, safety and morals of the young persons concerned are fully protected, and (ii) they have received adequate specific training in the relevant branch of activity. The Committee therefore requests the Government to take the necessary steps to amend section 11 of Order No. 1556/MPFTRAPS of 22 May 2020, determining the hazardous types of work that children are prohibited from performing in order to guarantee that the hazardous work provided for under this Order can only be performed by children of at least 16 years of age. It also asks the Government to take the necessary steps to ensure that the health, safety and morals of children between 16 and 18 years of age performing certain types of hazardous work (under Order No. 1556/MPFTRAPS) are fully guaranteed and that these children have received adequate specific training in the relevant branch of activity. The Committee asks the Government to provide information on the progress made in this regard.

Article 6. Apprenticeship. In its previous comments, the Committee noted that a draft code on apprenticeship had been prepared, specifying the conditions to be observed in apprenticeship contracts and stipulating that no such contracts may start before the completion of compulsory schooling and, under no circumstances, before 15 years of age. The Committee requested the Government to provide information on the adoption of this code.

The Government indicates that the process of adopting the code on apprenticeship is still under way. The Committee also notes the preparation of the bill amending Act No. 2006-010 of 13 December 2006 issuing the Labour Code. It notes that, according to the reasoning given for the bill, it will, inter alia, improve the regulation of apprenticeship. The Committee notes that section 123 of the amended draft Labour Code provides that an apprenticeship contract may not be concluded with a person under 15 years of age. Section 124 provides that the conditions relating to the conclusion and performance of the apprenticeship contract shall be determined by the legislation in force. The Committee takes due note of the bill amending the Labour Code of 2006, which sets the minimum age for the conclusion of an apprenticeship contract at 15 years, and trusts that this bill, as well as the draft code on apprenticeship, will be adopted without delay, in conformity with Article 6 of the Convention. The Committee requests the Government to provide information on the progress made in this respect, as well as a copy of the texts, once they have been adopted.

Article 8. Artistic performances. The Committee previously noted that, under section 150 of the Labour Code, which provides for exceptions to the minimum age for admission to employment or work of 15 years, a draft order (establishing exceptions to the minimum age for admission to employment) had been prepared. The draft order provided that 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 would specify the authorized number of hours of work and working conditions. The Committee therefore asked the Government to take the necessary steps to adopt the draft order with a view to bringing the legislation into conformity with Article 8 of the Convention.

The Government indicates that the draft order is now outdated due to the ongoing revision of the Labour Code of 2006. However, the Committee notes that none of the provisions of the bill amending Act No. 2006-010 of 13 December 2006 issuing the Labour Code regulate the participation of children under 15 years of age in artistic performances. Section 191 of the bill reproduces section 150 of the current Labour Code of 2006, establishing that exceptions to the minimum age for admission to employment of 15 years shall be determined by ministerial order. The Committee therefore expresses the firm hope that the bill amending the Labour Code will be revised, or that an order will soon be adopted, in order to establish, after consultation with the organizations of employers and workers concerned, a system of individual permits for the participation of children aged under 15 years in artistic performances, which limit the number of hours during which and prescribe the conditions in which employment or work is allowed, in conformity with Article 8 of the Convention. The Committee requests the Government to provide full information on the progress made in this regard.