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

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

Previous comment

Article 8. Artistic performances. The Committee noted previously 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 notes the information in the Government’s report, according to which the new Labour Code of 2021 contains no exceptions regarding children of less than 15 years of age, and that it will take steps to adopt an order in this regard. The Committee requests the Government to provide information on all progress made concerning the adoption of the draft order to bring its legislation into conformity with Article 8 of the Convention.

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

Previous comment

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the adoption of the National Action Plan to combat child labour and its worse forms (NAP 2020–24). The six strategic pillars of the NAP are: (1) reinforcement of the legal and institutional framework to combat child labour; (2) information, awareness-raising and social mobilisation; (3) education and training; (4) protection, follow-up, and care for child victims and those at risk of the worst forms of child labour; (5) monitoring and repression; and (6) coordination and evaluation of the NAP. A mid-term and final review of the NAP is foreseen. Implementation is undertaken by the Ministry of Labour through the National Steering Committee on combatting child labour.

The Committee also takes note of the data contained in the report of the Understanding Children’s Work programme, referenced in the NAP, that around 719,000 children of less than 15 years of age are economically active, and 214,000 children of 15 to 17 years of age are reported to be engaged in the worst forms of labour. Moreover, according to the 2017 UNICEF Multiple Indicator Cluster Survey, a total of 38.5 percent of girls and 38.4 per cent of boys between 5 and 17 years of age are engaged in child labour. While noting certain measures taken by the Government, the Committee is bound to express its concern at the persistently large number of children working in Togo, including in hazardous conditions. The Committee therefore requests the Government to reinforce its efforts and to continue to take the necessary measures to ensure the effective abolition of child labour. It requests the Government to provide information on the results obtained under the NAP 2020–24, particularly through the evaluation to be undertaken for that purpose.

Article 2(1). Scope of application and labour inspection. The Committee notes the information from the Government according to which between 2019 and 2022, apart from induction training of labour inspectors provided by the National School of Administration, at least one inspector a year was trained at the African Regional Labour Administration Centre. Nevertheless, the Government stresses that only the induction training contains a module on child labour, and that it is struggling to mobilize the means of offering specialised training, such as on child labour. It adds that several factors, among them the security crisis in the north of Togo, have had a negative impact on the budget allocated to the social services, which in turn has hampered the labour inspectorate’s ability to conduct data collection on child labour and in drawing up the training plan for inspectors. While taking account of the crisis in the north of Togo, the Committee again requests the Government to continue its efforts to strengthen the capacity of the labour inspection, including in the informal economy, to identify children working below the minimum age for admission to employment. It requests 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. In its previous comments, the Committee requested 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, and that the health, safety and morals of children between 16 and 18 years of age performing types of work figuring among the hazardous types listed in Order No. 1556/MPFTRAPS are fully guaranteed and that these children have received adequate specific training in the relevant branch of activity.

The Committee notes the information provided in the Government’s report, that the social partners are currently being consulted on the reformulation of section 11 of Order No. 1556/MPFTRAPS of 22 May 2020, to ensure that the hazardous types of work provided for by the Order shall only be performed by children of at least 16 years of age and that strict conditions of protection and training are respected. The Committee requests the Government to provide information on all progress achieved concerning the amendment of section 11 of Order No. 1556/MPFTRAPS of 22 May 2020. It also requests 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, as provided under Article 3(3) of the Convention.

Article 6. Apprenticeship. The Committee takes good note of the new Labour Code of 2021 (Act No. 2021-012 of 18 June 2021), as well as the provisions of section 122 under which an apprenticeship contract shall only be concluded with a person under 15 years of age on authorization by the labour inspector, and section 123, under which the conditions relating to the conclusion and performance of the apprenticeship contract shall be determined by the legislation in force.

However, the Committee notes with regret that the draft code on apprenticeship, which determines the conditions with which an apprenticeship contract shall comply and by virtue of which such a contract shall not start before the age of compulsory schooling and in no case before 15 years of age, is currently going through technical validation, and has not yet been adopted. The Committee again requests the Government to take the necessary measures so that the code on apprenticeship is 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.

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

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

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.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

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 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, 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 the Government to 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 the Government to 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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 8 of the Convention. 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 derogations are envisaged by order of the minister responsible for labour. It noted the Government’s indication that, in accordance with section 150, an order derogating from the minimum age for admission to employment has been prepared and is awaiting approval by the National Council for Labour and Labour Laws, the members of which include employers’ and workers’ organizations. 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 derogations would be granted after consultation with the organizations of the employers and workers concerned and would specify the number of hours of work authorized, and the working conditions.

The Committee notes the Government’s indication that the draft order has not yet been approved but that in practice such authorizations are granted by labour inspectors. The Committee requests the Government to provide information on the number and nature of individual authorizations granted by labour inspectors to children under the age of 15 to allow them to appear in public performances and to participate as actors or extras in films. The Committee again requests the Government for information on progress towards the adoption of the draft order and to send a copy once it has been adopted.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that the Government was participating in a project to combat child labour through education that was being implemented with the support of the ILO–IPEC (ILO–IPEC–CECLET project), under which a national survey on child labour in Togo (ENTE) was carried out and completed in 2010. The survey revealed that roughly six out of ten children aged between 5 and 17 years (58.1 per cent, or 1,177,341 children) were economically active at the national level. It 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, or 894,360 out of the 1,629,072 Togolese children in that age group. The results further showed that children aged 5 to 14 years tended to work in agriculture (52.2 per cent), domestic work (26.3 per cent) and other sectors. The Committee noted the Government’s statement that a national action plan (NAP) to combat child labour was in the process of adoption as part of the ILO–IPEC–CECLET project.

While noting the Government’s statement that the NAP is currently in the process of being adopted, the Committee must express its concern at the number of children below the minimum age who work in Togo. The Committee urges the Government to pursue its efforts to combat child labour, notably by devoting special attention to children working in agriculture and in the informal economy, and to send information on the results obtained. It again requests the Government to provide information on progress achieved in drafting the NAP and to send it a copy of the plan once it has been validated.

Article 2(1) and Part III of the report form. Scope of application and labour inspection. In its previous comments the Committee noted that section 150 of the 2006 Labour Code 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. The Government also indicated that, with technical and financial support of the ILO, it envisaged establishing an information system on the activities of the labour inspection services so as to draw public attention to the steps taken to ensure compliance with the law. The Committee noted that action had been taken under the ILO–IPEC–CECLET project to strengthen the labour inspectorate, including 24 observation and monitoring missions led by 12 inspectors between 1 October 2011 and 31 March 2012 in the agricultural sector, the informal urban economy, restaurants and sand transport, in the framework of which 293 children (121 girls and 172 boys) were identified as being engaged in child labour.

The Committee notes the Government’s statement that, for lack of logistical and financial resources, it is difficult to continue strengthening the labour inspection services so as to rescue children working in the informal economy or for their own account and, more importantly, to assure their social reinsertion. In this regard, the Committee notes that the Government wishes to prevail itself of ILO technical assistance. The Committee requests the Government to continue taking the necessary measures to strengthen the capacity of the labour inspection services to ensure that all children under the age of 15, including those working for their own account or in the informal economy, benefit from the protection afforded by the Convention, and to inform it of results.

In response to the Government’s request for ILO technical assistance, the Committee asks the Office to see that the Government receives a positive response.

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 in work that is liable to harm their health, safety or morals. The Committee also noted that section 12 authorizes children over 15 to carry, pull or push heavy loads – weighing up to 140 kilograms in the case of some 15 year-olds working with wheelbarrows. Furthermore, the Committee observed that there were no provisions that protect them in this type of work. The Committee reminded the Government that Article 3(3) of the Convention provides that 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 sector. In this regard, the Committee has noted the Government’s indication that it was committed to take the necessary measures to have Order No. 1464 amended to bring it into line with the Convention.

The Committee notes the Government’s statement that tripartite discussions are currently under way on the amendment of Order No. 1464/MTEFP/DGTLS. The Committee urges the Government to take the necessary measures 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 the Government to provide a copy of the Order, once duly revised.

Article 6. Apprenticeships. The Committee previously noted that, under the ILO–IPEC–CECLET project, a draft code on apprenticeship has been prepared that specifies the conditions to be respected in apprenticeship contracts, under which no such contracts may start before the completion of compulsory schooling and, in any case, not before an apprentice reaches 15 years of age.

The Committee notes the Government’s statement that the Apprenticeship Code has already been approved from the technical standpoint and that it is now currently before the Government awaiting adoption by the Council of Ministers. The Committee hopes that the draft Code will very soon be adopted and again requests the Government to keep it informed of progress in this respect.

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that the Government is currently participating in a project to combat child labour through education implemented with the support of ILO–IPEC (the ILO–IPEC–CECLET project). It noted that various action programmes have been adopted in the context of this project.

The Committee notes that, in the context of the ILO–IPEC–CECLET project, a national survey on child labour in Togo (ENTE) was carried out and completed in 2010. The results of this study reveal that around six out of ten children (58.1 per cent) aged between 5 and 17 years, or approximately 1,177,341 children, are economically active at the national level. The ENTE also indicates that the incidence of children aged 5 to 14 years engaged in work that is 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 by national law, including the provisions giving effect to the Convention – is 54.9 per cent, or approximately 894,360 children out of the 1,629,072 children aged 5 to 14 years in Togo. The results show that children aged 5 to 14 years generally work more in sectors such as agriculture (52.2 per cent) and domestic work (26.3 per cent) and others.

In this regard, the Committee notes the Government’s indication that the ILO–IPEC–CECLET project resulted in 12,279 children aged 8–15 years being prevented from entering or being removed from the worst forms of child labour particularly in the informal economy and the agricultural sector. The Committee also notes that, in the context of this project, a national action plan (PAN) against child labour is being developed, the key strategies of which will be awareness raising; the strengthening of educational alternatives; the enforcement of the legislation; increasing knowledge about child labour; the development of direct action programmes for prevention and rehabilitation; and the improvement and coordination of action, monitoring and supervision.

The Committee takes due note of the efforts made by the Government to combat child labour in Togo. The Committee requests the Government to continue its efforts to combat child labour, affording particular attention to children engaged in agriculture and the informal economy. It requests the Government to continue providing information on the number of children between the ages of 5–14 years who are prevented from prematurely entering the labour market and on the number of children removed from work in the context of the ILO–IPEC-CECLET project. Lastly, it requests the Government to provide information on the progress made in the development of the PAN and to provide a copy when it has been approved.

Article 2(1). Scope of application. In its previous comments, the Committee noted that section 150 of the Labour Code of 2006 provides that children under 15 years cannot be employed in any enterprise or perform any type of work, even on their own account. The Committee requested the Government to provide information on the measures adopted to strengthen the capacities of the labour inspection services with a view to ensuring that children who work on their own account or in the informal economy benefit from the protection of the Labour Code of 2006.

The Committee notes the Government’s indication that labour inspectors often benefit from training with a view to strengthening their capacities. The Committee therefore notes with interest that, to strengthen the action of the labour inspection services, particularly in relation to the supervision of the working conditions of children of working age, a number of measures have been adopted: (i) progressively increasing the number of inspectors through an active training policy in the National School of Administration; (ii) strengthening the network of areas covered, particularly by creating a regional labour directorate in each economic region and ten prefectural inspection services in densely populated areas, as well as creating new inspection areas in Lomé; and (iii) progressively allocating high-quality human resources to the inspection services. The Government also indicates that it envisages establishing, with the technical and financial support of the ILO, an information system on the activities of the labour inspection services to raise the visibility of the actions to be carried out to ensure compliance with the law. The Committee also notes that, according to information available to ILO–IPEC, actions have been carried out in the context of the ILO/IPEC/CECLET project with a view to strengthening labour inspection. These include 24 observation and monitoring missions led by 12 inspectors between 1 October 2001 and 31 March 2012 in the agricultural sector, the informal urban economy, restaurants and sand carriers, during which 293 children (121 girls and 172 boys) were detected. Taking due note of the efforts made by the Government, the Committee requests it to continue providing information on the measures taken to strengthen the capacities of the labour inspection services to ensure that all children under 15 years of age, including those who work on their own account or in the informal economy, benefit from the protection afforded by the Convention, and 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 on work likely to harm their health, safety or morals. The Committee also noted that section 12 authorizes children over 15 years of age to carry, drag or push loads of a weight of up to 140 kilograms for boys of 15 years of age employed in transport by wheelbarrow. The Committee also observed that there was no protection measure relating to the performance of these types of work. The Committee reminded the Government 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 adolescents from 16 years of age, 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 notes the Government’s indication that it takes into account its concern and undertakes to take the necessary measures to review Order No. 1464 to bring it into conformity with the provisions of the Convention, in consultation with the social partners in the near future. The Committee requests the Government to provide information on the progress made in reviewing Order No. 1464 with a view to bringing it into conformity with the requirements of Article 3(3) of the Convention. It requests the Government to provide a copy of the Order, once it has been revised.

Article 6. Apprenticeships. The Committee notes that, within the context of the ILO–IPEC–CECLET project, a draft code on apprenticeship has been prepared, which sets out in detail the conditions which must be respected by an apprenticeship contract and under which such a contract cannot start before the completion of compulsory schooling and, in any case, not before 15 years of age. Hoping that the draft code on apprenticeship will be adopted in the near future, the Committee requests the Government to provide information on the progress made in that 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 derogations are envisaged by order of the minister responsible for labour. It noted the Government’s indication that, in accordance with section 150 of the Labour Code, an order derogating from the minimum age for admission to employment has been prepared and is awaiting approval by the National Council for Labour and Labour Laws, the members of which include employers’ and workers’ organizations.

The Committee notes the Government’s indication that a draft order has been submitted for approval by the National Council for Labour and Labour Laws. 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 indicates that these derogations will be granted after consultation with the organizations of employers and workers concerned and will specify the number of hours of work authorized, and the working conditions. The Committee requests the Government to provide information on the progress made in the adoption of this draft order and to provide a copy of it, once it has been adopted. It also requests the Government to provide information on the granting of such individual permits in practice, once the draft order has been adopted.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

The Committee noted the adoption of Act No. 2006-010 of 13 December 2006 issuing the Labour Code (the Labour Code of 2006) which repeals the Labour Code of 8 May 1974, as well as the adoption of Order No. 1464/MTEFP/DGTLS of 12 November 2007 determining the types of work prohibited for children, which repeals Order No. 15/MTAS-FP of 6 December 1958.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. Further to its previous comments, the Committee noted the information provided by the Government to the effect that a national policy for the protection of children and a five-year strategic plan (2008–13) were prepared in 2008 to serve as a reference framework for the preparation and implementation of child protection programmes. Among the expected results at the halfway stage of the implementation of the five-year strategic plan, the Committee observed that it is envisaged that 25,000 children and their parents in situations of extreme vulnerability will benefit from support and social assistance measures, with the strengthening of the capacities of 40 social centres and 14 education, activation and training centres for underprivileged young persons outside the school system. It is also expected that by 2013 a total of 2,400 children at risk between the ages of 12–17 years will benefit from a national programme of training, integration and assistance for the commencement of occupational activities. The Committee further noted that the Government is currently participating in a project to combat child labour through education implemented with the support of ILO–IPEC. It noted from the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that various action programmes have been adopted in the context of this project, including the implementation of measures to prevent the use of children as porters and for the removal and reintegration of 625 child porters from the markets of the city of Lomé and the protection and integration into the school system of 200 children removed from domestic work in the city of Lomé, as well as strengthening the capacities of community structures for the removal and social reintegration of 1,800 children engaged in hazardous agricultural work. According to the technical progress report for the project of September 2010, a total of 3,063 children have been prevented from working through the provision of educational services and 719 children were removed from work between the months of March and August 2010.

While taking due note of the measures adopted by the Government for the abolition of child labour, the Committee noted that, according to UNICEF statistics for the years 1999–2008, 29 per cent of children between the ages of 5 and 14 years are engaged in work in Togo. According to the report of the quantitative survey undertaken in four economic regions of the country (Maritime, Plateau, Central and Lomé) in 2009–10 by the General Directorate of National Statistics and Accounting, which was attached to the Government’s report under Convention No. 182, children principally work in the agricultural sector, household work and the urban informal economy. Moreover, the majority of children working in these three sectors are between 5–14 years of age. Expressing its concern at the number of children who work and whose age is lower than the minimum age for admission to employment or work, the Committee requests the Government to continue its efforts to combat child labour, affording particular attention to children engaged in work in agriculture and the informal economy. It requests the Government to continue providing information on the number of children between the ages of 5–14 years who are prevented from prematurely entering the labour market and on the number of children removed from work in the context of the current action programmes.

Article 2(1). 1. Scope of application. With reference to its previous comments, the Committee noted with satisfaction 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 requests the Government to provide information on the measures adopted or envisaged, including strengthening the capacities of the labour inspection services, with a view to ensuring the protection afforded by the Labour Code of 2006 to children who work on their own account or in the informal sector.

2. Minimum age for admission to employment or work. The Committee 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 derogations are envisaged by order of the Minister responsible for labour. It noted the Government’s indication that, in accordance with section 150 of the Labour Code, an order derogating from the minimum age for admission to employment has been prepared and is awaiting approval by the National Council for Labour and Labour Laws, which includes membership by employers’ and workers’ organizations. The Committee requests the Government to provide additional information on the nature of the exceptions covered by the Order derogating from the application of section 150 of the Labour Code of 2006 and requests it to provide a copy of the Order as soon as possible.

Article 2(2). Raising the minimum age initially specified. The Committee noted that Togo initially specified a minimum age for admission to employment or work of 14 years when it ratified the Convention. It noted with interest that section 150 of the Labour Code of 2006 provides that, “subject to the provisions respecting apprenticeship, children of either sex may not be employed in any enterprise or perform any type of work, even on their own account, before the age of fifteen (15) years”. It drew the Government’s attention to the fact that Article 2(2) of the Convention envisages the possibility for a State which decides to raise the minimum age for admission to employment or work initially specified to notify the Director-General of the International Labour Office by a further declaration with a view to harmonizing the age established in the national legislation with that envisaged at the international level.

Article 3(3). Admission to hazardous work from the age of 16 years. Further to its previous comments, the Committee noted that certain provisions of Order No. 1464 authorize the employment of children from the age of 16 years on work likely to harm their health, safety or morals. For example, under section 9 of Order No. 1464, children may be engaged to operate vertical wheels, winches and pulleys from the age of 16 years, and section 11 authorizes the employment of young girls of 16 years of age on the external displays of shops and boutiques. The Committee also noted that section 12 authorizes children over 15 years of age to carry, drag or push loads of a weight of up to 140 kgs for boys of 15 years of age employed in transport by wheelbarrow. It also observed that no protection measures are envisaged relating to the performance of these types of work. The Committee reminded the Government that, under the terms of 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 as from the age 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore requests the Government to provide information on the measures adopted to ensure that the conditions set out in Article 3(3) of the Convention are fully guaranteed for young persons between 16–18 years of age engaged in the types of work covered by Order No. 1464. It also requests the Government to take the necessary measures to ensure that the legislation is in conformity with the Convention by guaranteeing that in no case may the performance of hazardous types of work be authorized for children under 16 years of age.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the adoption of Act No. 2006-010 of 13 December 2006 issuing the Labour Code (the Labour Code of 2006) which repeals the Labour Code of 8 May 1974, as well as the adoption of Order No. 1464/MTEFP/DGTLS of 12 November 2007 determining the types of work prohibited for children, which repeals Order No. 15/MTAS-FP of 6 December 1958.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. Further to its previous comments, the Committee notes the information provided by the Government to the effect that a national policy for the protection of children and a five-year strategic plan (2008–13) were prepared in 2008 to serve as a reference framework for the preparation and implementation of child protection programmes. Among the expected results at the halfway stage of the implementation of the five-year strategic plan, the Committee observes that it is envisaged that 25,000 children and their parents in situations of extreme vulnerability will benefit from support and social assistance measures, with the strengthening of the capacities of 40 social centres and 14 education, activation and training centres for underprivileged young persons outside the school system. It is also expected that by 2013 a total of 2,400 children at risk between the ages of 12–17 years will benefit from a national programme of training, integration and assistance for the commencement of occupational activities. The Committee further notes that the Government is currently participating in a project to combat child labour through education implemented with the support of ILO–IPEC. It notes from the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that various action programmes have been adopted in the context of this project, including the implementation of measures to prevent the use of children as porters and for the removal and reintegration of 625 child porters from the markets of the city of Lomé and the protection and integration into the school system of 200 children removed from domestic work in the city of Lomé, as well as strengthening the capacities of community structures for the removal and social reintegration of 1,800 children engaged in hazardous agricultural work. According to the technical progress report for the project of September 2010, a total of 3,063 children have been prevented from working through the provision of educational services and 719 children were removed from work between the months of March and August 2010.

While taking due note of the measures adopted by the Government for the abolition of child labour, the Committee notes that, according to UNICEF statistics for the years 1999–2008, 29 per cent of children between the ages of 5 and 14 years are engaged in work in Togo. According to the report of the quantitative survey undertaken in four economic regions of the country (Maritime, Plateau, Central and Lomé) in 2009–10 by the General Directorate of National Statistics and Accounting, which was attached to the Government’s report under Convention No. 182, children principally work in the agricultural sector, household work and the urban informal economy. Moreover, the majority of children working in these three sectors are between 5–14 years of age. Expressing its concern at the number of children who work and whose age is lower than the minimum age for admission to employment or work, the Committee requests the Government to continue its efforts to combat child labour, affording particular attention to children engaged in work in agriculture and the informal economy. It requests the Government to continue providing information on the number of children between the ages of 5–14 years who are prevented from prematurely entering the labour market and on the number of children removed from work in the context of the current action programmes.

Article 2(1). Scope of application. With reference to its previous comments, the Committee notes with satisfaction 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 requests the Government to provide information on the measures adopted or envisaged, including strengthening the capacities of the labour inspection services, with a view to ensuring the protection afforded by the Labour Code of 2006 to children who work on their own account or in the informal sector.

Minimum age for admission to employment or work. The Committee notes 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 derogations are envisaged by order of the Minister responsible for labour. It notes the Government’s indication that, in accordance with section 150 of the Labour Code, an order derogating from the minimum age for admission to employment has been prepared and is awaiting approval by the National Council for Labour and Labour Laws, which includes membership by employers’ and workers’ organizations. The Committee requests the Government to provide additional information on the nature of the exceptions covered by the Order derogating from the application of section 150 of the Labour Code of 2006 and requests it to provide a copy of the Order as soon as possible.

Article 2(2). Raising the minimum age initially specified. The Committee notes that Togo initially specified a minimum age for admission to employment or work of 14 years when it ratified the Convention. It notes with interest that section 150 of the Labour Code of 2006 provides that, “subject to the provisions respecting apprenticeship, children of either sex may not be employed in any enterprise or perform any type of work, even on their own account, before the age of fifteen (15) years”. It draws the Government’s attention to the fact that Article 2(2) of the Convention envisages the possibility for a State which decides to raise the minimum age for admission to employment or work initially specified to notify the Director-General of the International Labour Office by a further declaration with a view to harmonizing the age established in the national legislation with that envisaged at the international level.

Article 2(3). Age of completion of compulsory schooling. With reference to its previous comments, the Committee notes that article 35 of the Constitution of 1992 provides that schooling is compulsory up to the age of 15 years, which coincides with the minimum age for admission to employment or work set out in section 150 of the Labour Code of 2006.

Article 3(1) and (2). Minimum age for admission to hazardous types of work and determination of such types of work. Further to its previous comments, the Committee notes that section 151(4) of the Labour Code of 2006 provides that children may not be assigned to types of work which are liable to harm their health, safety or morals. Furthermore, it notes with satisfaction that Order No. 1464/MTEFP/DGTLS of 12 November 2007 (Order No. 1464), adopted following consultation of the National Council for Labour and Labour Laws, determines the nature of the types of work prohibited for children under section 151(4) of the Labour Code of 2006 and that it contains in annex a list of the types of work on which it is prohibited to employ children under 18 years of age.

Article 3(3). Admission to hazardous work from the age of 16 years. Further to its previous comments, the Committee notes that certain provisions of Order No. 1464 authorize the employment of children from the age of 16 years on work likely to harm their health, safety or morals. For example, under section 9 of Order No. 1464, children may be engaged to operate vertical wheels, winches and pulleys from the age of 16 years, and section 11 authorizes the employment of young girls of 16 years of age on the external displays of shops and boutiques. The Committee also notes that section 12 authorizes children over 15 years of age to carry, drag or push loads of a weight of up to 140 kgs for boys of 15 years of age employed in transport by wheelbarrow. It also observes that no protection measures are envisaged relating to the performance of these types of work. The Committee reminds the Government that, under the terms of 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 as from the age 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore requests the Government to provide information on the measures adopted to ensure that the conditions set out in Article 3(3) of the Convention are fully guaranteed for young persons between 16–18 years of age engaged in the types of work covered by Order No. 1464. It also requests the Government to take the necessary measures to ensure that the legislation is in conformity with the Convention by guaranteeing that in no case may the performance of hazardous types of work be authorized for children under 16 years of age.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the information provided by the Government that a revision of the Labour Code is under way and that a technical committee responsible for reviewing the draft text has become operational. It also noted that the procedure for the revision of Order No. 15/MTFP of 6 December 1958 respecting child labour is under way. The Committee requests the Government to keep it informed of the progress made in this work, and to provide a copy of the new texts as soon as they are adopted.

Article 1 of the Convention. National policy on the elimination of child labour. The Committee noted with interest the information provided by the Government on the action plans to combat child labour. It noted that the objective of the Government is to raise the awareness of the main stakeholders (parents, children, employers, trade unions, traditional and religious authorities and public opinion) of the phenomenon of child labour and that for this purpose, public awareness campaigns have been carried out. The Government indicated that sectoral action plans in the targeted fields followed the public awareness campaigns, and are currently being implemented through various programmes. These include a programme to combat the exploitation of girls in domestic work, as well as the use of children as porters in Lomé and a capacity building programme to strengthen the capacity of trade unions to combat child labour. It also noted that other action plans are in the process of being adopted and that copies of these plans will be transmitted as soon as they are available. The Committee requests the Government to continue to supply detailed information on the formulation, implementation and practical results of these action plans.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee recalled, as an indication only, that the Government specified a minimum age of 14 years for admission to employment or work when ratifying the Convention. In response to the previous comments of the Committee concerning the employment of children under 14 years of age in the informal sector as domestic workers or agricultural labourers and the lax practices of the labour inspectors responsible for reporting such cases, the Government indicated that a programme to reinforce the intervention capacities of labour inspectors had been designed within the framework of the IPEC project, and that it will soon be implemented. The Committee notes this initiative with interest and requests the Government to keep it informed of progress of the project and its impact in reducing child labour by young persons below 14 years of age in the informal sector.

Article 3, paragraph 1. 1. Minimum age for admission to hazardous work. The Committee noted that a draft order to raise the minimum age from that currently specified of 18 years for admission to employment likely to jeopardize the health, safety or morals of young persons, is being prepared and will be submitted to the National Council of Labour and Labour Legislation (a tripartite advisory body, section 170 of the Labour Code) for comments.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee noted previously the information provided by the Government concerning the employment of young persons above the age of 16 years in activities which, by their nature or circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of such persons, and in particular that admission to such employment is subject to special authorization by the labour inspector to ensure their protection. The Committee also noted that, by virtue of the draft Labour Code, an order of the minister responsible for labour issued on the advice of the National Council for Labour and Labour Legislation, will establish the nature of the work and the categories of the enterprises prohibited to young persons and the age up to which the prohibition will apply. The Committee noted that Order No. 15/MTAS-FP of 6 December 1958 contains various tables of the types of work prohibited to young persons below the age of 18 years. The Committee noted, nevertheless, that certain provisions of the above text authorize the employment of young persons from the age of 16 years in activities that could be considered as hazardous, and without any protection being envisaged. By way of example, the following types of work may be mentioned: operating vertical wheels, winches and pulleys (section 25 of Order No. 15/MTAS-FP of 6 December 1958); operating steam valves (section 26); work performed on scaffolding (section 28); the performance of hazardous feats of strength and contortionism (section 29). It is also forbidden to employ young persons below the age of 16 years as doublers for rolling mills and in drawing out wire rods, unless the work is protected by machine guards (section 27). It can therefore be deduced that children over the age of 16 have no protection, which appears to also be the case for the types of work mentioned above. Furthermore, children over 15 years of age can be admitted to work using bandsaws, upon the written authorization, delivered after investigation, by the inspector for labour and labour legislation, and which can be rescinded (section 22). The Committee once again reminded the Government that, in accordance with 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 the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 to types of hazardous employment or work constitutes an exception to the general principle of fixing the minimum age of 18 for admission to these types of employment (Article 3(1) of the Convention), and must therefore only be applied in a restrictive manner. The Committee therefore requests the Government to take the necessary measures when elaborating the new Labour Code to bring its legislation into conformity with this provision of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied, by providing, for example, statistics on the employment of children and young persons, extracts of the reports of the labour inspection services and details of the number and nature of the violations reported and the sanctions imposed.

The Committee requests the Government to provide information on the progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the information provided by the Government that a revision of the Labour Code is under way and that a technical committee responsible for reviewing the draft text has become operational. It also noted that the procedure for the revision of Order No. 15/MTFP of 6 December 1958 respecting child labour is under way. The Committee requests the Government to keep it informed of the progress made in this work, and to provide a copy of the new texts as soon as they are adopted.

Article 1 of the Convention. The Committee noted with interest the information provided by the Government on the action plans to combat child labour. It noted that the objective of the Government is to raise the awareness of the main stakeholders (parents, children, employers, trade unions, traditional and religious authorities and public opinion) of the phenomenon of child labour and that for this purpose, public awareness campaigns have been carried out. The Government indicated that sectoral action plans in the targeted fields followed the public awareness campaigns, and are currently being implemented through various programmes. These include a programme to combat the exploitation of girls in domestic work, as well as the use of children as porters in Lomé and a capacity‑building programme to strengthen the capacity of trade unions to combat child labour. It also noted that other action plans are in the process of being adopted and that copies of these plans will be transmitted as soon as they are available. The Committee requests the Government to continue to supply detailed information on the formulation, implementation and practical results of these action plans.

Article 2. Minimum age for admission to employment or work. The Committee recalled, as an indication only, that the Government specified a minimum age of 14 years for admission to employment or work when ratifying the Convention. In response to the previous comments of the Committee concerning the employment of children under 14 years of age in the informal sector as domestic workers or agricultural labourers and the lax practices of the labour inspectors responsible for reporting such cases, the Government indicated that a programme to reinforce the intervention capacities of labour inspectors had been designed within the framework of the IPEC project, and that it will soon be implemented. The Committee notes this initiative with interest and requests the Government to keep it informed of progress of the project and its impact in reducing child labour by young persons below 14 years of age in the informal sector.

Article 3. 1. Minimum age for admission to hazardous work. The Committee noted that a draft order to raise the minimum age from that currently specified of 18 years for admission to employment likely to jeopardize the health, safety or morals of young persons, is being prepared and will be submitted to the National Council of Labour and Labour Legislation (a tripartite advisory body, section 170 of the Labour Code) for comments.

2. Admission to hazardous work from the age of 16 years. The Committee noted previously the information provided by the Government concerning the employment of young persons above the age of 16 years in activities which, by their nature or circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of such persons, and in particular that admission to such employment is subject to special authorization by the labour inspector to ensure their protection. The Committee also noted that, by virtue of the draft Labour Code, an order of the minister responsible for labour issued on the advice of the National Council for Labour and Labour Legislation, will establish the nature of the work and the categories of the enterprises prohibited to young persons and the age up to which the prohibition will apply. The Committee noted that Order No. 15/MTAS-FP of 6 December 1958 contains various tables of the types of work prohibited to young persons below the age of 18 years. The Committee noted, nevertheless, that certain provisions of the above text authorize the employment of young persons from the age of 16 years in activities that could be considered as hazardous, and without any protection being envisaged. By way of example, the following types of work may be mentioned: operating vertical wheels, winches and pulleys (section 25 of Order No. 15/MTAS-FP of 6 December 1958); operating steam valves (section 26); work performed on scaffolding (section 28); the performance of hazardous feats of strength and contortionism (section 29). It is also forbidden to employ young persons below the age of 16 years as doublers for rolling mills and in drawing out wire rods, unless the work is protected by machine guards (section 27). It can therefore be deduced that children over the age of 16 have no protection, which appears to also be the case for the types of work mentioned above. Furthermore, children over 15 years of age can be admitted to work using bandsaws, upon the written authorization, delivered after investigation, by the inspector for labour and labour legislation, and which can be rescinded (section 22). The Committee once again reminded the Government that, in accordance with Article 3, paragraph 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 the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 to types of hazardous employment or work constitutes an exception to the general principle of fixing the minimum age of 18 for admission to these types of employment (Article 3, paragraph 1, of the Convention), and must therefore only be applied in a restrictive manner. The Committee therefore requests the Government to take the necessary measures when elaborating the new Labour Code to bring its legislation into conformity with this provision of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied, by providing, for example, statistics on the employment of children and young persons, extracts of the reports of the labour inspection services and details of the number and nature of the violations reported and the sanctions imposed.

The Committee requests the Government to provide information on the progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

 

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the information provided by the Government that a revision of the Labour Code is under way and that a technical committee responsible for reviewing the draft text has become operational. It also noted that the procedure for the revision of Order No. 15/MTFP of 6 December 1958 respecting child labour is under way. The Committee requests the Government to keep it informed of the progress made in this work, and to provide a copy of the new texts as soon as they are adopted.

Article 1 of the Convention. The Committee noted with interest the information provided by the Government on the action plans to combat child labour. It noted that the objective of the Government is to raise the awareness of the main stakeholders (parents, children, employers, trade unions, traditional and religious authorities and public opinion) of the phenomenon of child labour and that for this purpose, public awareness campaigns have been carried out. The Government indicated that sectoral action plans in the targeted fields followed the public awareness campaigns, and are currently being implemented through various programmes. These include a programme to combat the exploitation of girls in domestic work, as well as the use of children as porters in Lomé and a capacity‑building programme to strengthen the capacity of trade unions to combat child labour. It also noted that other action plans are in the process of being adopted and that copies of these plans will be transmitted as soon as they are available. The Committee requests the Government to continue to supply detailed information on the formulation, implementation and practical results of these action plans.

Article 2. Minimum age for admission to employment or work. The Committee recalled, as an indication only, that the Government specified a minimum age of 14 years for admission to employment or work when ratifying the Convention. In response to the previous comments of the Committee concerning the employment of children under 14 years of age in the informal sector as domestic workers or agricultural labourers and the lax practices of the labour inspectors responsible for reporting such cases, the Government indicated that a programme to reinforce the intervention capacities of labour inspectors had been designed within the framework of the IPEC project, and that it will soon be implemented. The Committee notes this initiative with interest and requests the Government to keep it informed of progress of the project and its impact in reducing child labour by young persons below 14 years of age in the informal sector.

Article 3. 1. Minimum age for admission to hazardous work. The Committee noted that a draft order to raise the minimum age from that currently specified of 18 years for admission to employment likely to jeopardize the health, safety or morals of young persons, is being prepared and will be submitted to the National Council of Labour and Labour Legislation (a tripartite advisory body, section 170 of the Labour Code) for comments.

2. Admission to hazardous work from the age of 16 years. The Committee noted previously the information provided by the Government concerning the employment of young persons above the age of 16 years in activities which, by their nature or circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of such persons, and in particular that admission to such employment is subject to special authorization by the labour inspector to ensure their protection. The Committee also noted that, by virtue of the draft Labour Code, an order of the minister responsible for labour issued on the advice of the National Council for Labour and Labour Legislation, will establish the nature of the work and the categories of the enterprises prohibited to young persons and the age up to which the prohibition will apply. The Committee noted that Order No. 15/MTAS-FP of 6 December 1958 contains various tables of the types of work prohibited to young persons below the age of 18 years. The Committee noted, nevertheless, that certain provisions of the above text authorize the employment of young persons from the age of 16 years in activities that could be considered as hazardous, and without any protection being envisaged. By way of example, the following types of work may be mentioned: operating vertical wheels, winches and pulleys (section 25 of Order No. 15/MTAS-FP of 6 December 1958); operating steam valves (section 26); work performed on scaffolding (section 28); the performance of hazardous feats of strength and contortionism (section 29). It is also forbidden to employ young persons below the age of 16 years as doublers for rolling mills and in drawing out wire rods, unless the work is protected by machine guards (section 27). It can therefore be deduced that children over the age of 16 have no protection, which appears to also be the case for the types of work mentioned above. Furthermore, children over 15 years of age can be admitted to work using bandsaws, upon the written authorization, delivered after investigation, by the inspector for labour and labour legislation, and which can be rescinded (section 22). The Committee once again reminded the Government that, in accordance with Article 3, paragraph 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 the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 to types of hazardous employment or work constitutes an exception to the general principle of fixing the minimum age of 18 for admission to these types of employment (Article 3, paragraph 1, of the Convention), and must therefore only be applied in a restrictive manner. The Committee therefore requests the Government to take the necessary measures when elaborating the new Labour Code to bring its legislation into conformity with this provision of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied, by providing, for example, statistics on the employment of children and young persons, extracts of the reports of the labour inspection services and details of the number and nature of the violations reported and the sanctions imposed.

The Committee requests the Government to provide information on the progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government that a revision of the Labour Code is under way and that a technical committee responsible for reviewing the draft text has become operational. It also notes that the procedure for the revision of Order No. 15/MTFP of 6 December 1958 respecting child labour is under way. The Committee requests the Government to keep it informed of the progress made in this work, and to provide a copy of the new texts as soon as they are adopted.

Article 1 of the Convention. The Committee notes with interest the information provided by the Government on the action plans to combat child labour. It notes that the objective of the Government is to raise the awareness of the main stakeholders (parents, children, employers, trade unions, traditional and religious authorities and public opinion) of the phenomenon of child labour and that for this purpose, public awareness campaigns have been carried out. The Government indicates that sectoral action plans in the targeted fields followed the public awareness campaigns, and are currently being implemented through various programmes. These include a programme to combat the exploitation of girls in domestic work, as well as the use of children as porters in Lomé and a capacity-building programme to strengthen the capacity of trade unions to combat child labour. It also notes that other action plans are in the process of being adopted and that copies of these plans will be transmitted as soon as they are available. The Committee requests the Government to continue to supply detailed information on the formulation, implementation and practical results of these action plans.

Article 2. Minimum age for admission to employment or work. The Committee recalls, as an indication only, that the Government specified a minimum age of 14 years for admission to employment or work when ratifying the Convention. In response to the previous comments of the Committee concerning the employment of children under 14 years of age in the informal sector as domestic workers or agricultural labourers and the lax practices of the labour inspectors responsible for reporting such cases, the Government indicates that a programme to reinforce the intervention capacities of labour inspectors had been designed within the framework of the IPEC project, and that it will soon be implemented. The Committee notes this initiative with interest and requests the Government to keep it informed of progress of the project and its impact in reducing child labour by young persons below 14 years of age in the informal sector.

Article 3. 1. Minimum age for admission to hazardous work. The Committee notes that a draft order to raise the minimum age from that currently specified of 18 years for admission to employment likely to jeopardize the health, safety or morals of young persons, is being prepared and will be submitted to the National Council of Labour and Labour Legislation (a tripartite advisory body, section 170 of the Labour Code) for comments.

2. Admission to hazardous work from the age of 16 years. The Committee noted previously the information provided by the Government concerning the employment of young persons above the age of 16 years in activities which, by their nature or circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of such persons, and in particular that admission to such employment is subject to special authorization by the labour inspector to ensure their protection. The Committee also noted that, by virtue of the draft Labour Code, an order of the minister responsible for labour issued on the advice of the National Council for Labour and Labour Legislation, will establish the nature of the work and the categories of the enterprises prohibited to young persons and the age up to which the prohibition will apply. The Committee notes that Order No. 15/MTAS-FP of 6 December 1958 contains various tables of the types of work prohibited to young persons below the age of 18 years. The Committee notes, nevertheless, that certain provisions of the above text authorize the employment of young persons from the age of 16 years in activities that could be considered as hazardous, and without any protection being envisaged. By way of example, the following types of work may be mentioned: operating vertical wheels, winches and pulleys (section 25 of Order No. 15/MTAS-FP of 6 December 1958); operating steam valves (section 26); work performed on scaffolding (section 28); the performance of hazardous feats of strength and contortionism (section 29). It is also forbidden to employ young persons below the age of 16 years as doublers for rolling mills and in drawing out wire rods, unless the work is protected by machine guards (section 27). It can therefore be deduced that children over the age of 16 have no protection, which appears to also be the case for the types of work mentioned above. Furthermore, children over 15 years of age can be admitted to work using bandsaws, upon the written authorization, delivered after investigation, by the inspector for labour and labour legislation, and which can be rescinded (section 22). The Committee once again reminds the Government that, in accordance with Article 3, paragraph 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 the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 to types of hazardous employment or work constitutes an exception to the general principle of fixing the minimum age of 18 for admission to these types of employment (Article 3, paragraph 1, of the Convention), and must therefore only be applied in a restrictive manner. The Committee therefore requests the Government to take the necessary measures when elaborating the new Labour Code to bring its legislation into conformity with this provision of the Convention.

Further to its previous comments, the Committee notes with interest that consultations with the organizations of employers and workers took place in the National Council for Labour and Labour Legislation, prior to the adoption of Order No. 15/MTAS-FP of 6 December 1958 respecting child labour, which contains a list of the types of work considered hazardous. The Committee notes that, according to section 171 of the Labour Code, the National Council for Labour and Labour Legislation, must be consulted on all draft labour laws and regulations.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied, by providing, for example, statistics on the employment of children and young persons, extracts of the reports of the labour inspection services and details of the number and nature of the violations reported and the sanctions imposed.

The Committee requests the Government to provide information on the progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government that a revision of the Labour Code is under way and that a technical committee responsible for reviewing the draft text has become operational. It also notes that the procedure for the revision of Order No. 15/MTFP of 6 December 1958 respecting child labour is under way. The Committee requests the Government to keep it informed of the progress made in this work, and to provide a copy of the new texts as soon as they are adopted.

Article 1 of the Convention. The Committee notes with interest the information provided by the Government on the action plans to combat child labour. It notes that the objective of the Government is to raise the awareness of the main stakeholders (parents, children, employers, trade unions, traditional and religious authorities and public opinion) of the phenomenon of child labour and that for this purpose, public awareness campaigns have been carried out. The Government indicates that sectoral action plans in the targeted fields followed the public awareness campaigns, and are currently being implemented through various programmes. These include a programme to combat the exploitation of girls in domestic work, as well as the use of children as porters in Lomé and a capacity-building programme to strengthen the capacity of trade unions to combat child labour. It also notes that other action plans are in the process of being adopted and that copies of these plans will be transmitted as soon as they are available. The Committee requests the Government to continue to supply detailed information on the formulation, implementation and practical results of these action plans.

Article 2. 1. Scope of application of the Convention. The Committee noted previously that the provisions of section 114, in conjunction with section 2, of the Labour Code, which prohibit work by young persons of 14 years of age and under, only apply to work performed for and under the direction of an employer. The Committee also notes that, by virtue of Chapter IV of the draft Labour Code, unless otherwise provided in respect of apprentices, children may not be employed in any enterprise, nor perform any type of work before the age of 15 years, unless an exception is made by order of the minister responsible for labour, after consulting the National Labour Council and taking into account local circumstances and the work which they may be called upon to perform. The Committee reminds the Government that the Convention covers all types of employment or work, including self-employment. It therefore hopes that the revision of the new Labour Code will bring it into conformity with the provisions of Article 2 of the Convention.

2. Raising of the minimum age for admission to employment or work. In its previous comments, the Committee noted that the draft Labour Code raised the minimum age for admission to work or employment from 14 to 15 years. The Committee also notes that employers’ and workers’ organizations are consulted within the framework of the National Council for Labour and Labour Legislation (section 170 of the Labour Code), and that the draft Labour Code will soon be adopted. The Committee requests the Government to keep it informed of the progress of the draft Labour Code.

3. Minimum age for admission to employment or work. The Committee recalls, as an indication only, that the Government specified a minimum age of 14 years for admission to employment or work when ratifying the Convention. In response to the previous comments of the Committee concerning the employment of children under 14 years of age in the informal sector as domestic workers or agricultural labourers and the lax practices of the labour inspectors responsible for reporting such cases, the Government indicates that a programme to reinforce the intervention capacities of labour inspectors had been designed within the framework of the IPEC project, and that it will soon be implemented. The Committee notes this initiative with interest and requests the Government to keep it informed of progress of the project and its impact in reducing child labour by young persons below 14 years of age in the informal sector.

Article 3. 1. Minimum age for admission to hazardous work. The Committee notes that a draft order to raise the minimum age from that currently specified of 18 years for admission to employment likely to jeopardize the health, safety or morals of young persons, is being prepared and will be submitted to the National Council of Labour and Labour Legislation (a tripartite advisory body, section 170 of the Labour Code) for comments.

2. Admission to hazardous work from the age of 16 years. The Committee noted previously the information provided by the Government concerning the employment of young persons above the age of 16 years in activities which, by their nature or circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of such persons, and in particular that admission to such employment is subject to special authorization by the labour inspector to ensure their protection. The Committee also noted that, by virtue of the draft Labour Code, an order of the minister responsible for labour issued on the advice of the National Council for Labour and Labour Legislation, will establish the nature of the work and the categories of the enterprises prohibited to young persons and the age up to which the prohibition will apply. The Committee notes that Order No. 15/MTAS-FP of 6 December 1958 contains various tables of the types of work prohibited to young persons below the age of 18 years. The Committee notes, nevertheless, that certain provisions of the above text authorize the employment of young persons from the age of 16 years in activities that could be considered as hazardous, and without any protection being envisaged. By way of example, the following types of work may be mentioned: operating vertical wheels, winches and pulleys (section 25 of Order No. 15/MTAS-FP of 6 December 1958); operating steam valves (section 26); work performed on scaffolding (section 28); the performance of hazardous feats of strength and contortionism (section 29). It is also forbidden to employ young persons below the age of 16 years as doublers for rolling mills and in drawing out wire rods, unless the work is protected by machine guards (section 27). It can therefore be deduced that children over the age of 16 have no protection, which appears to also be the case for the types of work mentioned above. Furthermore, children over 15 years of age can be admitted to work using bandsaws, upon the written authorization, delivered after investigation, by the inspector for labour and labour legislation, and which can be rescinded (section 22). The Committee once again reminds the Government that, in accordance with Article 3, paragraph 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 the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 to types of hazardous employment or work constitutes an exception to the general principle of fixing the minimum age of 18 for admission to these types of employment (Article 3, paragraph 1, of the Convention), and must therefore only be applied in a restrictive manner. The Committee therefore requests the Government to take the necessary measures when elaborating the new Labour Code to bring its legislation into conformity with this provision of the Convention.

Further to its previous comments, the Committee notes with interest that consultations with the organizations of employers and workers took place in the National Council for Labour and Labour Legislation, prior to the adoption of Order No. 15/MTAS-FP of 6 December 1958 respecting child labour, which contains a list of the types of work considered hazardous. The Committee notes that, according to section 171 of the Labour Code, the National Council for Labour and Labour Legislation, must be consulted on all draft labour laws and regulations.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied, by providing, for example, statistics on the employment of children and young persons, extracts of the reports of the labour inspection services and details of the number and nature of the violations reported and the sanctions imposed.

The Committee requests the Government to provide information on the progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its reports of 2002 and 2003. Furthermore, it notes with interest that Togo on 19 September 2000 ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and that it signed a Memorandum of Understanding with IPEC in April 2000. It also notes that a revision of the Labour Code is under way and that a technical committee responsible for reviewing the draft text has become operational. It also notes that the procedure for the revision of Order No. 15/MTFP of 6 December 1958 respecting child labour is under way. The Committee requests the Government to keep it informed of the progress made in this work, and to provide a copy of the new texts as soon as they are adopted.

Article 1 of the Convention. The Committee notes with interest the information provided by the Government on the action plans to combat child labour. It notes that the objective of the Government is to raise the awareness of the main stakeholders (parents, children, employers, trade unions, traditional and religious authorities and public opinion) of the phenomenon of child labour and that for this purpose, public awareness campaigns have been carried out. The Government indicates that sectoral action plans in the targeted fields followed the public awareness campaigns, and are currently being implemented through various programmes. These include a programme to combat the exploitation of girls in domestic work, as well as the use of children as porters in Lomé and a capacity-building programme to strengthen the capacity of trade unions to combat child labour. It also notes that other action plans are in the process of being adopted and that copies of these plans will be transmitted as soon as they are available. The Committee requests the Government to continue to supply detailed information on the formulation, implementation and practical results of these action plans.

Article 2. 1. Scope of application of the Convention. The Committee noted previously that the provisions of section 114, in conjunction with section 2, of the Labour Code, which prohibit work by young persons of 14 years of age and under, only apply to work performed for and under the direction of an employer. The Committee also notes that, by virtue of Chapter IV of the draft Labour Code, unless otherwise provided in respect of apprentices, children may not be employed in any enterprise, nor perform any type of work before the age of 15 years, unless an exception is made by order of the minister responsible for labour, after consulting the National Labour Council and taking into account local circumstances and the work which they may be called upon to perform. The Committee reminds the Government that the Convention covers all types of employment or work, including self-employment. It therefore hopes that the revision of the new Labour Code will bring it into conformity with the provisions of Article 2 of the Convention.

2. Raising of the minimum age for admission to employment or work. In its previous comments, the Committee noted that the draft Labour Code raised the minimum age for admission to work or employment from 14 to 15 years. The Committee also notes that employers’ and workers’ organizations are consulted within the framework of the National Council for Labour and Labour Legislation (section 170 of the Labour Code), and that the draft Labour Code will soon be adopted. The Committee requests the Government to keep it informed of the progress of the draft Labour Code.

3. Minimum age for admission to employment or work. The Committee recalls, as an indication only, that the Government specified a minimum age of 14 years for admission to employment or work when ratifying the Convention. In response to the previous comments of the Committee concerning the employment of children under 14 years of age in the informal sector as domestic workers or agricultural labourers and the lax practices of the labour inspectors responsible for reporting such cases, the Government indicates that a programme to reinforce the intervention capacities of labour inspectors had been designed within the framework of the IPEC project, and that it will soon be implemented. The Committee notes this initiative with interest and requests the Government to keep it informed of progress of the project and its impact in reducing child labour by young persons below 14 years of age in the informal sector.

Article 3. 1. Minimum age for admission to hazardous work. The Committee notes that a draft order to raise the minimum age from that currently specified of 18 years for admission to employment likely to jeopardize the health, safety or morals of young persons, is being prepared and will be submitted to the National Council of Labour and Labour Legislation (a tripartite advisory body, section 170 of the Labour Code) for comments.

2. Admission to hazardous work from the age of 16 years. The Committee noted previously the information provided by the Government concerning the employment of young persons above the age of 16 years in activities which, by their nature or circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of such persons, and in particular that admission to such employment is subject to special authorization by the labour inspector to ensure their protection. The Committee also noted that, by virtue of the draft Labour Code, an order of the minister responsible for labour issued on the advice of the National Council for Labour and Labour Legislation, will establish the nature of the work and the categories of the enterprises prohibited to young persons and the age up to which the prohibition will apply. The Committee notes that Order No. 15/MTAS-FP of 6 December 1958 contains various tables of the types of work prohibited to young persons below the age of 18 years. The Committee notes, nevertheless, that certain provisions of the above text authorize the employment of young persons from the age of 16 years in activities that could be considered as hazardous, and without any protection being envisaged. By way of example, the following types of work may be mentioned: operating vertical wheels, winches and pulleys (section 25 of Order No. 15/MTAS-FP of 6 December 1958); operating steam valves (section 26); work performed on scaffolding (section 28); the performance of hazardous feats of strength and contortionism (section 29). It is also forbidden to employ young persons below the age of 16 years as doublers for rolling mills and in drawing out wire rods, unless the work is protected by machine guards (section 27). It can therefore be deduced that children over the age of 16 have no protection, which appears to also be the case for the types of work mentioned above. Furthermore, children over 15 years of age can be admitted to work using bandsaws, upon the written authorization, delivered after investigation, by the inspector for labour and labour legislation, and which can be rescinded (section 22). The Committee once again reminds the Government that, in accordance with Article 3, paragraph 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 the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 to types of hazardous employment or work constitutes an exception to the general principle of fixing the minimum age of 18 for admission to these types of employment (Article 3, paragraph 1, of the Convention), and must therefore only be applied in a restrictive manner. The Committee therefore requests the Government to take the necessary measures when elaborating the new Labour Code to bring its legislation into conformity with this provision of the Convention.

Further to its previous comments, the Committee notes with interest that consultations with the organizations of employers and workers took place in the National Council for Labour and Labour Legislation, prior to the adoption of Order No. 15/MTAS-FP of 6 December 1958 respecting child labour, which contains a list of the types of work considered hazardous. The Committee notes that, according to section 171 of the Labour Code, the National Council for Labour and Labour Legislation, must be consulted on all draft labour laws and regulations.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied, by providing, for example, statistics on the employment of children and young persons, extracts of the reports of the labour inspection services and details of the number and nature of the violations reported and the sanctions imposed.

The Committee requests the Government to provide information on the progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its report. It notes that the Labour Code is currently under revision and requests the Government to provide information on the progress made in this work. It requests the Government to provide fuller information on the following points.

Article 1 of the Convention.  The Committee notes the information provided by the Government to the effect that a national tripartite seminar on the adoption of a national action plan and sectoral plans to combat child labour was held in Togo in March 2000. It also notes that the participants at this meeting adopted national and sectoral action plans against child labour. The Committee requests the Government to provide detailed information on the implementation of these action plans in practice. Furthermore, it would be grateful if the Government would provide copies of the above action plans.

Article 2, paragraph 1.  In its previous comments, the Committee noted that the provisions of section 114, in conjunction with section 2, of the Labour Code, which prohibit work by young persons of 14 years of age and under, only apply to work performed for and under the direction of an employer. The Committee once again reminds the Government that, under the terms of the Convention, the minimum age for admission to employment or work applies to any type of employment or work, including own-account work. The Committee also notes that, by virtue of Chapter IV of the draft Labour Code, unless otherwise provided in respect of apprentices, children of either sex may not be employed in any enterprise, nor perform any type of work before the age of 15 years, unless an exception is made by order of the minister responsible for labour, after consulting the National Labour Council and taking into account local circumstances and the work which they may be called upon to perform. The Committee hopes that the revision of the Labour Code will bring it into conformity with this Article of the Convention with a view to ensuring that work by children who have not reached the minimum age set out in the law is prohibited in activities performed on their own account.

Article 2, paragraph 2.  The Committee notes that the draft Labour Code raises the minimum age for admission to employment or work from 14 to 15 years. The Committee recalls that, under the terms of paragraph 2 of this Article, the Government may raise the minimum age specified when ratifying the Convention by notifying the Director-General of the ILO by means of a further declaration. The Committee hopes that the Government will send in the above declaration when the new Labour Code has been adopted.

Article 2, paragraph 3.  The Committee recalls that Article 2, paragraph 3, of the Convention provides that the minimum age for admission to employment or work shall not be less than the age of completion of compulsory schooling and, in any case, not less than 15 years. The Committee recalls that the Government has established the minimum age for admission to employment or work at 14 years. However, the Committee notes that, according to the information provided by the Government on the occasion of the examination of the initial report that it submitted at the 421st meeting of the Committee on the Rights of the Child (CRC/C/SR.421), in October 1997, the Government indicated that, despite provisions prohibiting the employment of children under 14 years of age, children under that age often find work in the informal sector or as farm labourers. The Government also indicated that, although the labour inspectorate is supposed to report such cases, practices are lax. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to ensure that children under 14 years of age are not employed in the informal sector, as domestic workers or as farm labourers. Furthermore, the Committee requests the Government to indicate the measures which have been taken to combat lax practices by the authorities responsible for ensuring the observance of legal provisions respecting child labour.

Article 3.  According to the information provided previously by the Government, the employment of young persons above the age of 16 years in activities which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of such persons is subject to special authorization by the labour inspector who will supervise their protection. The Committee also notes that, under the terms of the draft Labour Code, an order issued by the minister responsible for labour, following consultation of the National Labour Council, will determine the nature of the work and the categories of enterprises which are prohibited for young persons, and the age up to which this prohibition shall apply. The Committee once again recalls that the employment of young persons as from the age of 16 years in hazardous work cannot be authorized by laws or regulations or by the competent authority until the organizations of employers and workers have been consulted and only on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction in the relevant branch of activity. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to ensure that the revision of the Labour Code can be completed in the near future and will bring the legislation into conformity with this provision of the Convention.

Article 7.  The Committee notes that, under the terms of Chapter IV of the draft Labour Code, young persons over 15 years of age may perform light work during school holidays. Employers will be required to submit a prior declaration to the labour inspector, who will have a period of eight days to inform them of any disagreement. The Committee requests the Government to ensure that the provisions of the above draft text comply with this Article of the Convention.

Part V of the report form.  The Committee requests the Government to provide information on the application of the Convention in practice, including statistics on inspections carried out, violations reported and penalties imposed.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

In its report, the Government states that the minimum age for admission to employment is set by the Labour Code. The Committee hopes that the Government will take measures as soon as possible to bring the legislation into conformity with the Convention on the following points, which were raised previously by the Committee.

Article 2, paragraph 1 of the Convention. The Committee recalls that the minimum age for admission to employment or work applies to all types of employment, including activities carried out by the persons concerned on their own account. The Committee notes that the provisions of section 114, in conjunction with section 2 of the Labour Code, which prohibit work for young persons of 14 years of age and under, apply only to work performed for, and under the direction of an employer. The Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure that no person under the specified minimum age is admitted to employment or work in any occupation.

Article 3, paragraphs 1 and 3. According to the information provided by the Government previously, the employment of young persons above the age of 16 in activities which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, is subject to special authorization from the labour inspector who will supervise their protection. The Committee recalls that the employment of young persons aged 16 and over in such activities may be authorized by national laws or regulations or the competent authority, after consultation with employers' and workers' organizations and on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It requests the Government to indicate the measures that have been taken to bring the legislation into conformity with the Convention on this point, by ensuring that consultations are held with the organizations concerned and that the conditions referred to above are implemented.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

National policy for the abolition of child labour

With reference to its general observation of 1995, the Committee notes the role played by the Ministry of Technical Education and Vocational Training with a view to matching training and employment and improving skills, and by the Ministry of Social Affairs to ensure the protection and well-being of children and young persons. It requests the Government to indicate whether coordination and consultation mechanisms have been established or are envisaged in the application of a national policy designed to ensure the effective abolition of child labour, within the meaning of Article 1 of the Convention and, if so, to indicate its composition and functions.

Recalling that Article 2, paragraph 3, provides that the minimum age for admission to employment or work shall not be less than the age of completion of compulsory schooling, the Committee requests the Government to indicate the measures which have been taken or are envisaged for the benefit of street children and children who are employed as domestic servants.

A request on certain other matters is being addressed directly to the Government.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In its report, the Government indicates that it has taken note of the Committee's comments and will take steps as soon as possible to bring the legislation into conformity with the Convention on the following points which the Committee raised previously:

Article 2, paragraph 1, of the Convention. The minimum age for admission to employment or work applies to all types of employment, including self-employment. The Committee notes that the provisions of section 114, in conjunction with section 2 of the Labour Code, prohibiting work by children under the age of 14, apply only to work performed for, and under the direction of, an employer. The Committee requests the Government to indicate the measures taken or envisaged to ensure that no person under the specified minimum age shall be admitted to employment or work in any occupation.

Article 3, paragraphs 1 and 3. According to information supplied by the Government previously, the employment of young people above the age of 16 in activities which by their nature or the circumstances in which they are carried out are likely to jeopardise the health, safety or morals of young persons, is subject to special authorisation from the labour inspector who will supervise their protection. The Committee recalls that the employment of young persons aged 16 and over in such activities may be authorised by national laws or regulations or the competent authority, after consultation with employers' and workers' organisations on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific vocational training in the relevant branch of activity. It asks the Government to indicate the measures taken to bring the legislation into conformity with the Convention on this point, by ensuring that consultations are held with the organisations concerned and that the conditions recalled above are implemented.

2. Article 2, paragraph 5. The Committee draws the Government's attention to the information which it must provide under Article 2, paragraph 5(a) or (b) of the Convention and requests it to include this information in future reports.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 2 of the Convention. In its previous comments, the Committee noted that the prohibition to employ children below the age of 14 is only applicable, by virtue of section 114 of the Labour Code read in conjuction with section 2, to work carried out in the context of an employment relationship. The Committee notes from the Government's report that the prohibition to employ children under the age of 14, provided for by the legislation, is of a more general nature owing, in particular, to the fact that education is compulsory up to the age of 15. Furthermore, it is not the custom in Togo to allow children of less than 14 years of age to be self-employed.

The Committee therefore hopes that the Government will have no difficulty in inserting a provision in the legislation, to prohibit children under the age of 14 from carrying out work not only in the context of an employment relationship, but also outside any such employment relationship, including work carried out for ones own account, so that no doubt or uncertainty remains as to the application of this prohibition.

Article 3, paragraph 3. With reference to its previous comments, the Committee notes from the Government's report that the employment of young people above the age of 16 in activities likely to be dangerous for their health and safety is subject to special authorisation from the labour inspector who will supervise their protection. The Committee recalls that, by virtue of the provisions of Article 3, paragraph 3, of the Convention, authorisations for employment or work for young persons aged 16 and over in activities which, by their nature or the circumstances in which they are carried out, are likely to jeopardise their health, safety or morals, can only be granted by the national legislation or the competent authority after consultation with the employers' and workers' organisations. Such authorisations are also subject to two basic conditions: full guarantees with regard to the protection of their health, safety and morals, and the existence of adequate specific instructions or vocational training in the relevent branch of activity.

The Committee hopes that it will be possible to bring the legislation into conformity with the Convention in the near future to ensure observance of the conditions governing the granting and the content of authorisations for employment or work of young people under 18 years of age in the activities covered by Article 3, and requests the Government to provide information on any measures taken or envisaged in this respect.