Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Article 1(a) of the Convention. Imposition of prison sentences involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. Penal Code and Charter for political parties. The Committee recalls that a number of provisions in national legislation may give rise to the application of prison sentences involving an obligation to work under section 68 of the Penal Code, for offences related to activities through which persons express political views or views ideologically opposed to the established political, social or economic system, namely:

• Penal Code: sections 290 to 292 (defamation), 301 and 302 (insulting the President or members of the Government or other public authorities), 491 and 492 (insulting representatives of public authority, or insulting the flag or anthem), 540 (organizing demonstrations on public thoroughfares that fail to comply with legal requirements), 552 (seditious cries or chants uttered in public places or gatherings) and 665 (the publication, dissemination or reproduction, by whatever means of fake news).
• Act No. 91-4 of 12 April 1991 establishing a charter for political parties: section 25 (persons who lead or run a political party in violation of the provisions of the charter).

The Committee notes with regret the absence of information from the Government on the application of these provisions in practice, and on any measures envisaged 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 on the basis of these provisions.

The Committee further notes that, in its concluding observations of 2021, the United Nations Human Rights Committee expressed concern in relation to: (1) the existence of a number of vague legislative provisions that impose excessive limits on the content of speech, notably in the Press and Communications Code; (2) a number of sections of the Penal Code that criminalize activities linked to the exercise of freedom of expression, such as seditious chants and cries in public places or meetings, the publication of fake news, and defamation; (3) allegations of the use of these penal provisions to hamper the activities of journalists, trade unionists, opinion leaders and human rights defenders, and to curb their freedom of expression; and (4) reports concerning numerous incidents involving threats, intimidation, harassment and arbitrary arrests of human rights defenders (CCPR/C/TGO/CO/5, 24 August 2021).

The Committee notes this information and expresses concern at the continuing existence in the legislation of provisions that can be used to restrict the exercise of the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media) and that can result in the imposition of penalties involving compulsory prison labour.

The Committee once again recalls that Article 1(a) of the Convention prohibits the use of compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The range of activities which must be protected, under this provision, from punishment involving forced or compulsory labour thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media, or through the exercise of the right of association, including the creation of political parties or societies). However, certain limitations may be imposed by law on the rights and freedoms concerned, which must be accepted as normal safeguards against their abuse, examples being laws against incitement to violence, civil strife or racial hatred (see 2012 General Survey on the fundamental Conventions, paragraphs 302 and 303).

The Committee urges the Government to take steps, both in law and in practice, to ensure that any person expressing political views or views ideologically opposed to the established political, social or economic system cannot be sentenced to penalties involving an obligation to work. It requests the Government to amend these sections of the Penal Code and the charter for political parties, clearly limiting the scope of these provisions to situations involving the use of violence or incitement to violence, or by repealing the penal sanctions involving compulsory labour. The Committee requests the Government to provide information on any progress made in this respect and to indicate the number of prosecutions initiated on the basis of these provisions, the nature of the penalties imposed, and the events giving rise to the prosecutions or convictions.

2. Act No. 40-484 of 1 July 1901 concerning contracts of association. The Committee recalls that a number of provisions of Act No. 40-484 of 1 July 1901 concerning contracts of association provide for prison sentences that include the obligation to work for offences related to the exercise of freedom of expression and which may therefore fall within the scope of the Convention, namely:

• section 8(1), which provides for a fine, which may be commuted to a prison sentence for non-payment pursuant to section 76 of the Penal Code, in the event of failure to comply with formalities relating to prior notification of changes in the administration or management of an association, and any amendments to the statutes;
• section 8(2), which provides for a fine and imprisonment of between six days and one year for the founders, directors or administrators of an association that has been maintained or reconstituted illegally after a ruling of dissolution, and section 8(3), which provides that any persons who have facilitated meetings of members of the dissolved association by granting them the use of premises available to them shall be liable to the same penalty; and
• section 15, which provides for the penalties established in section 8(2) for the representatives or directors of a religious congregation who have not complied with the provisions concerning the keeping of a list of the congregation members and the presentation of such a list at the request of the prefect.

The Committee notes with regret the repeated lack of information in the Government’s report on the practical application of these provisions. The Committee also notes that a draft bill on freedom of association to replace the 1901 Act was launched in 2020 and that it provides for prison sentences. It notes that several United Nations Special Rapporteurs have expressed concern about this draft bill, particularly with regard to the penalties imposed (OL/TGO 3/2021, 13 August 2021).

The Committee trusts that in revising Act No. 40-484 of 1 July 1901 concerning contracts of association, the Government will take account of the requirements of the Convention and ensure that no penalty involving compulsory labour may be imposed on persons who exercise rights through which they express opinions or oppose the established political, social or economic system. It requests the Government to provide updated information on this legislative review process and to send copies of any new legislation adopted in this regard. Meanwhile, the Committee again requests the Government to provide information on the application of these provisions in practice and to communicate any court decisions handed down on the basis of these provisions.

3. Press and Communications Code. With regard to the Press and Communications Code, the Committee notes the Government’s indication that progress has been made leading to the adoption of a new Press and Communications Code (Act No. 2020-001 of 7 January 2020). The Government indicates that section 157 of the Code, replacing section 86 of the previous Code, no longer provides for prison sentences for journalists, technicians or media assistants who incite the public to violate the laws of the Republic, but rather stipulates that this offence shall be punished in accordance with the provisions of ordinary law. The Committee requests the Government to indicate the provisions of ordinary law that would be applicable in this respect.

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