Texts of pending comments

Articles 1 and 2 of the Convention. Assessment of gender pay gaps. In its report, the Government indicates that, with regard to the assessment of the gender pay gap, in Togo, workers’ pay is not disaggregated by sex and is identical for men and women. While noting that the section 155(1) of the new Labour Code of 18 June 2021 (Act No. 2021-012) provides for equal pay among workers “for the same work or work of equal value” (identical in this respect to section 118 of the former Code) - which properly reflects the principle laid down by the Convention - the Committee states that its request concerned the situation in practice and the means of evaluating it. It emphasizes that in many countries, including those where the legislation is in conformity with the Convention, there are in fact gender pay gaps for work of equal value. In order to reduce these gaps, it must be possible to assess them. To be able to do this, it is necessary to have comprehensive and reliable statistical data on the remuneration of men and women in order to develop, implement and assess the measures taken. The Committee therefore reiterates its request to the Government to take the necessary steps to collect and analyse data on workers’ pay, disaggregated by sex, in the various sectors of economic activity, including the public sector, and in the various occupational categories, in order to be able to use them to develop and implement measures aimed at reducing any pay gaps that may exist in practice between men and women for work of equal value. The Committee requests the Government to provide information on any measures taken in this regard.

Article 2. Application of the principle of equal remuneration by means of collective agreements. In its previous comment, having emphasized that several collective agreements signed by the social partners provided that “under equal conditions of work, skill and output, wages shall be equal for all workers”, a provision which was more restrictive than the principle of equal pay for work of equal value enshrined in the Convention, the Committee requested the Government to take steps to raise awareness among workers’ and employers’ organizations of the principle of the Convention, particularly the concept of “work of equal value”, and to encourage them to consider revising the collective agreements in this regard. The Committee notes that the collective agreements annexed to the Government’s report show the same failure to conform to the principle of the Convention. It also notes the Government’s response that the concept of work of equal value has not been understood by those involved in the world of work (the employers as well as the workers and the Government) and that awareness-raising must be carried out among these three stakeholders in social dialogue. To this end, the Government requests the technical assistance of the Office to ensure a better understanding and implementation of the Convention in the country. The Committee invites the Government to present a formal request for technical assistance to the Office to raise the awareness of all persons concerned of the principle of the Convention. It requests the Government to provide information in its next report on the follow-up given to this request and on activities carried out to ensure that the collective agreements signed among the social partners contain provisions which are in conformity with the principle of equal pay for work of equal value enshrined in the Convention.

Article 3. Objective job evaluation. As noted by the Government itself in its report, section 155(4) of the Labour Code indicates that “job evaluation methods are based on impartial considerations pertaining primarily to the nature of the work that the jobs involve”. The Government recognizes, however, that the establishment of the different vocational categories and the determination of the corresponding wage scales are based exclusively on diplomas and not on an objective job evaluation. The Committee once again recalls that the method used must allow for a comparison of the relative value of different jobs, and not of individuals. Tasks to be performed should therefore be examined on the basis of perfectly objective and non-discriminatory criteria, such as skills and qualifications, the effort required, responsibilities and working conditions (see General Survey on fundamental Conventions, paragraphs 695–709). The Committee requests the Government to indicate the measures taken or envisaged to raise awareness and train the social partners in objective job evaluation methods. It reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Enforcement. In reply to the questions the Committee asked in its previous comment on enforcement of the Convention, the Government states that: (1) no measures have been taken to raise awareness among workers, employers and their organizations of the legislation relating to equal pay for work of equal value and to reinforce the specific means available to labour inspectors, judges and other public officials to detect and address cases of gender pay inequality; (2) no training activities relating to the principle of the Convention have been organized or planned for labour inspectors and other employees of the labour administration; and (3) no administrative or judicial decisions on gender-related pay discrimination are available. The Committee requests the Government to provide information on any developments in this regard, once it has benefited from the technical assistance required above.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Further to the adoption of Act No. 2014-019 of 17 November 2014, which amended the Personal and Family Code and, in particular, abolished the status of “head of the family” by making both spouses jointly responsible for the family (new section 99) and abolished discriminatory provisions towards women with regard to inheritance, the Committee requested the Government to provide information on the measures taken to publicize the new Personal and Family Code. The Government indicates in its report that it has organized several meetings to publicize the new Code for various populations across the country during which many copies of the Code were distributed. The Committee notes this information.

Articles 2 and 3. Equality of opportunity and treatment between men and women. In its previous comment, the Committee requested the Government to provide information on: (1) any evaluation undertaken of the National Policy on Gender Equity and Equality (PNEEG) of 2011; (2) the measures aiming to promote equality between men and women in education, training, employment and occupation; and (3) the activities of the Ministry Responsible for the Promotion of Women and those of the gender focus groups of ministerial departments in the area of employment. The Committee notes the information provided by the Government on the results achieved and the obstacles encountered in the implementation of the PNEEG, particularly the weak involvement of the private sector in promoting gender and the low level of activity of the gender focus groups of the ministerial departments. With regard to the measures aiming to promote gender equality, the Government indicates that it has, inter alia, updated the Education Sector Plan (PSE) to include the issue of gender; established new vocational training centres aimed at making this type of training accessible to all, including girls with difficulties in traveling and finding accommodation; and implemented a project to promote girls in scientific, technical and vocational fields by awarding academic achievement grants. The ministry responsible for the promotion of women has implemented a “girls’ academic achievement and leadership project” since 2017, as well as a national programme for women’s professional leadership. The Government states that it is committed to making access to means of production and employment opportunities one of the priorities for promoting gender equality, in particular by supporting the transition from formal to informal work. The gender focus groups periodically hold capacity-building sessions for women in the ministerial departments on several themes. The Committee notes that, in its report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25, national report), which covers the period between 2014-2019, the Government indicates that the five priorities identified by Togo to accelerate progress for women and girls are: (1) equality and non-discrimination in law and access to justice; (2) quality education, training and lifelong learning for women and girls; (3) elimination of poverty, and strengthening of agricultural productivity and food security; (4) elimination of violence against women and girls; and (5) political participation and representation. It notes that, while the Government refers to progress made in legislative, political, programmatic and strategic matters, it also recognizes that there are bottlenecks and failings with regard to gender equality and empowerment of women and girls. At the legal level, the Committee notes, for example, the adoption of Act No. 2018-005 of 14 June 2018 issuing the Land and Property Code, which currently guarantees access to land ownership for women on the same footing as men (sections 8, 13, 14, and 483).

At the level of the policy framework, the Committee notes the following initiatives: (1) the strategy for accelerated growth and employment promotion (SCAPE 2013-2017) which was followed by the national development plan (PND 2018-2022), the third pillar of which provides for the continued promotion of gender equity and equality, the empowerment of women and their effective participation in decision-making at all levels of the development process; (2) the 2016-2030 Agricultural Policy, the second pillar of which includes the issue of women’s access to productive resources (with a view to increasing their productive capacity) and the management and control of their own incomes; and (3) the updated 2011 national policy on gender equity and equality (PNEEG) and the corresponding implementation strategy revised in July 2019, the strategic directions of which focus on: promoting the position and potential of women in the family and community; increasing women’s productive capacity and income; improving equitable access of women and men to social services; promoting equitable participation of men and women in the management of power, respect for the law and elimination of all forms of violence; and strengthening the intervention capacities of the institutional framework for the implementation of the PNEEG. In this regard, the Committee notes that the Togo Decent Work Country Programme (DWCP) (2019-2022) also highlights that conditions of access to positions of responsibility remain difficult owing to sociocultural considerations, as the prevailing opinion is still that women should be committed to their reproductive function and household tasks. This in turn reinforces the structural barriers limiting their access to education, training, land and productive assets, while restricting the time and mobility they need for productive work and the choice of economic activity. With regard to combating gender stereotypes concerning women’s aspirations, preferences and vocational skills, and their role in the family and society in general, the Committee notes the Government’s statement that this consists essentially of organizing information and awareness-raising sessions for target populations and various socio-professional categories; holding public meetings and conferences; and awarding grants or computers to encourage women and girls to continue their studies in science subjects. In the light of the foregoing, the Committee requests the Government to provide information on the measures taken or envisaged to: (i) increase the involvement of the private sector in the promotion of gender equality; (ii) enhance the efficiency of the gender focus groups (gender focal points) in view of their central role; and (iii) facilitate women’s access, especially in rural areas, to means of production (credit, land etc.). It also requests the Government to provide detailed information on the results achieved through the new vocational training centres, the girls’ academic achievement and leadership project, the national programme for women’s professional leadership, and grants or computers awarded to encourage women and girls to continue their studies in scientific subjects (the number of women enrolled in the training centres and participating in various projects, statistics on the results achieved, the number of grants awarded and status of the number of young women continuing their studies in science subjects etc.). Furthermore, as the establishment of gender equality ensues from an awareness of the influence of gender stereotypes and their transformation, the Committee requests the Government to continue to provide information on the measures taken to effectively combat gender stereotypes, including through educational and vocational training institutions, the media and cultural industries (television, radio, advertising, cinema, theatre, social media etc.)

Article 3(d). Employment of women in the public sector. In response to the Committee’s request to train more women and encourage them to apply for a wider range of jobs in the public service, particularly higher-level posts and positions of responsibility, the Government merely produces data on the numbers, disaggregated by sex, of workers in categories A1 and A2 of the public service (workers who may be appointed to positions of responsibility). These data show that the proportion of women among public workers in these grades remained strikingly unchanged from 2015 (15.8 per cent) to 2019 (15.9 pour cent). The Committee also requested the Government to eliminate the obstacles that women may face in employment, in particular to combat negative stereotypes concerning women in society. In this regard, the Committee notes that the Government, in its Beijing +25 national report, recognizes that one of the obstacles to gender equality is the persistence of gender stereotypes. It also notes the concluding observations of the United Nations Human Rights Committee inviting the Government to take urgent action to strengthen public information and awareness-raising activities to eliminate sexist stereotypes, counter the problem of women’s subordination and promote respect for the roles and shared responsibilities of men and women in the family and in society (CCPR/C/TGO/CO/5, 24 August 2021, paragraph 20(c)). In light of the lack of any progress recorded for years on the proportion of women in positions of responsibility in the public service, the Committee requests the Government to indicate the concrete measures taken or envisaged to remedy this, and the results achieved. It also once again requests the Government to combat negative stereotypes concerning the aspirations, preferences and capabilities of women and their role in society and to eliminate, at every stage of employment, the obstacles that they may face.

Article 2. Promotion of equality and combating discrimination on grounds other than sex. In its previous comments, the Committee recalled that apart from sex, the most frequently cited grounds for discrimination in employment were ethnicity and social origin, followed by political opinion. As the Government, in its report, states that it was unable to provide the information requested by the Committee on the recommendations from the consultations and advocacy project for equitable access to employment in the private and public sectors carried out in 2014 and 2015, the Committee requests it to provide information on the measures taken or envisaged to combat discrimination and promote equality in employment and occupation irrespective of race, colour, national extraction, religion, political opinion, and social origin, in cooperation with employers’ and workers’ organizations.

General observation of 2018. The Committee thanks the Government for the information provided in response to the questions asked in the above observation.

Statistics. The Committee notes the Government’s statements in its Beijing +25 national report on the progress made in the availability of data disaggregated by sex and statistics on gender through the establishment of an inter-institutional coordination mechanism for statistics on gender, the development of a gender statistics database and dashboard, as well as capacity-building for managers of the national statistical system relating to the development of these statistics to promote the increased use of gender-specific data in policymaking and the implementation of programmes and projects. The Committee requests the Government to provide up-to-date statistical data on: (i) the economically active population disaggregated by sex in the private and public sectors; (ii) the numbers of women and men at all education levels and in the various vocational training provided; and (iii) the number of men and women who have found a job further to one of these training modalities, in particular a job traditionally occupied by a person of the opposite sex.

Article 1(a) of the Convention. Protection of workers against discrimination. Legislation. Public service. The Committee recalls that the Labour Code of 18 June 2021 prohibits discrimination on grounds of sex, colour, religion, ethnicity, race, political or philosophical opinion, trade union or cooperative activities, origin, including social origin, morals, legal status, national extraction, physical appearance, age, family situation, pregnancy and health, loss of autonomy or disability (section 4). In its previous comments, the Committee noted that the provisions of the Act of 21 January 2013 issuing the General Public Service Regulations, which prohibit discrimination (section 45), do not cover all the grounds of discrimination set out in the Convention, including race, colour, national extraction and social origin, and that they only concern recruitment. It therefore requested the Government to envisage the possibility of amending section 45 of the General Public Service Regulations with a view to ensuring that public service personnel are fully protected from discrimination. The Committee notes with concern that the Government once again confines itself to indicating that it has taken due note of this request, without providing any details on the measures envisaged to do so. In this regard, it once again recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (General Survey on the fundamental Conventions, 2012, paragraph 853). The Committee recalls that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin (with the possibility of extending its protection to discrimination on the basis of other grounds) and that no provision in the Convention limits its scope with regard to individuals or branches of activity. The Convention therefore applies to all sectors of activity, the public and private sectors, formal economy and informal economy (2021 General Survey, paragraph 733). In light of the above, the Committee firmly hopes that the Government will take the necessary measures in the near future to amend section 45 of the Act of 21 January 2013 issuing the General Public Service Regulations so that, in line with the Convention, public service employees are fully protected from discrimination, including discrimination based on race, colour, national extraction and social origin, as well as any other grounds that it considers useful to add (particularly to bring the protection against discrimination afforded to public servants into line with the protection for workers in the private sector) and to ensure that the prohibition of discrimination covers not only recruitment, but also terms and conditions of employment in the public service.

Discrimination on the basis of sex. Sexual harassment. The Committee notes with interest the adoption of Act No. 2021-012 of 18 June 2021 issuing the Labour Code, which amends section 40 of the Labour Code to include and explicitly prohibit – as the Committee had requested in its previous comments – both forms of sexual harassment, namely quid pro quo sexual harassment and sexual harassment resulting in an intimidating, hostile or humiliating work environment. However, the Committee notes, that contrary to its request, the reference to “misuse of authority” has not been removed, which effectively restricts the scope of application of this provision to sexual harassment committed by a hierarchical superior and does not cover harassment by a work colleague with the same status, a junior, customers of the enterprise or other persons encountered in the work context. Furthermore, the Committee once again notes that the provisions of Act No. 2015-010 of 24 November 2015 issuing the new Penal Code relating to sexual harassment (sections 399–401) only cover quid pro quo sexual harassment, or in other words harassment “aimed at obtaining favours of a sexual nature from another person against their will”. The Committee requests the Government to amend section 40 of the Labour Code to remove any reference to the concept of a misuse of authority. It also requests the Government to provide information on any measures taken or envisaged to prevent sexual harassment in respect of employment and occupation, including through training for labour inspectors and awareness-raising campaigns for employers, workers and their respective organizations.

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

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2016 and 2018 entered into force for Togo on 8 January 2019 and 26 December 2020, respectively. The Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article I of the Convention. General questions on application. Implementing measures. The Committee previously noted the adoption of Act No. 2016-028 of 11 October 2016 issuing the Merchant Shipping Code (hereinafter the MSC), Book IV of which takes into account the requirements of the MLC, 2006. Emphasizing that many provisions of the MSC envisage the adoption of supplementary implementing regulations, the Committee requested the Government to provide copies of all the laws, regulations and other measures which had been adopted or were being prepared to give effect to the MLC, 2006. Noting that the Government refers to article 140 of the Constitution of Togo of 1992, which provides that treaties and agreements regularly ratified or approved, following publication, have a higher rank than laws, the Committee recalls that the MLC, 2006, contains requirements for which Member States have to take the necessary measures to bring national law and practice into conformity. The Committee also notes that the Government refers to a collective agreement for seafarers, the draft text of which is still in the process of being approved, without however providing a copy. The Committee once again requests the Government to take the necessary measures to give effect to the requirements of the MLC, 2006, and to provide copies of any new laws and/or regulations when they are adopted and of the collective agreement for seafarers that is in the process of being approved. The Committee reminds the Government that it may avail itself the technical assistance of the Office. The Committee notes that the Government refers on several occasions to Act No. 2021-012 of 18 June 2021 issuing the Labour Code (for example in relation to night work and notice of termination). However, the Committee notes that section 3 of the new Labour Code provides that, in cases where they are governed by special provisions, employment relations are not subject to the provisions of the present Code. The Committee requests the Government to indicate whether or not the new Labour Code applies to “seafarers” who are employed or engaged or work in any capacity on board a ship to which the Convention applies. The Committee notes that the Government has provided an example of a maritime medical certificate and a copy of the declaration of maritime labour compliance (DMLC, Parts I and II), which have not been completed. The Committee requests the Government to provide a completed copy, as required by Standard A5.1.3, paragraph 12, of the maritime labour certificate and of the DMLC, Part I and an example or examples of the DMLC, Part II drawn up by a shipowner and endorsed by the competent authorities for the certification of one or more ships.

Article II. Definitions and scope of application. The Committee noted previously that Book IV of the MSC respecting seafarers does not cover all seafarers within the meaning of the MLC, 2006. Section 206 of the MSC provides that any waged employee engaged by a shipowner or having embarked on a commercial, service, or motorized fishing vessel on his or her own account to take up employment relating to the operation, conduct or exploitation of the ship shall be considered as exercising the profession of a seafarer. Section 294 excludes from the application of the provisions of the Title of the MSC respecting maritime labour, which covers matters such as working time and leave, the master, the doctor and nursing personnel engaged exclusively in nursing duties, persons who are not members of the crew and who are engaged, while the ship is in port or at sea, in repair work, cleaning, loading or unloading the ship or maintenance, monitoring or guard duties. The Committee notes that the Government recognizes that these provisions are in contradiction with section 3(1)(42) of the MSC, which provides that any person who is employed or engaged or works in any capacity on board a ship shall be considered a “seafarer”. Recalling that Article II, paragraphs 1(f) and 2, of the Convention provide that it applies, without any specification as to the duties discharged, to all seafarers, meaning any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies, the Committee once again requests the Government to indicate the measures taken to ensure that all seafarers within the meaning of the Convention, including the master and persons not employed in any duties relating to the operation, conduct or exploitation of the ship, benefit from the protection afforded by the MLC, 2006.

The Committee notes the Government’s indication that no cases of doubt have arisen as to whether a vessel or a particular category of vessels are to be regarded as “ships”, within the meaning of Article II, paragraphs 4 and 5, of the MLC, 2006. The Committee notes that the annual statistics published by UNCTAD, as confirmed by the statistics provided by the Government, show that the merchant fleet registered under the Togolese flag has increased substantially in recent years. The Committee requests the Government to provide detailed information on the number, date of construction and type of ships flying the Togolese flag to which the MLC, 2006, applies and on any issues of application or any different determinations respecting application within the meaning of Article II, paragraph 6, and Article VI, paragraphs 3 and 4, of the Convention. The Committee requests the Government to indicate the number of seafarers working on ships flying the Togolese flag and to specify the number of seafarers who are nationals or residents or otherwise domiciled in the national territory.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee previously noted that, while the MSC provides that a minor may only be employed on board ship in work and services which correspond to his or her physical capacities and to the performance of his or her duties (section 300), it does not prohibit types of work that are hazardous for young persons under 18 years of age or provide for the adoption of a list of prohibited types of work, as required by Standard A1.1, paragraph 4. The Committee notes that Order No. 1556/MFPTRAPS, of 22 May 2020, determines in sections 7 to 11 the types of hazardous work that are prohibited for children and contains a list of hazardous types of work, which refers to the prohibition of the employment of persons under 18 years of age as stokers on ships. The Committee observes that the work of stokers has disappeared from the maritime industry and recalls that Standard A1.1, paragraph 4, provides that the employment, engagement or work of seafarers under the age of 18 shall be prohibited where the work is likely to jeopardize their health or safety, and that the types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, in accordance with the relevant international standards. The Committee once again requests the Government to adopt effective measures without delay to prohibit any type of work that is likely to jeopardize the health or safety of seafarers under 18 years of age and to determine the various types of work that are prohibited (Standard A1.1, paragraph 4).

Regulation 1.4 and the Code. Recruitment and placement. In its previous comment, the Committee noted that the MSC, in sections 226 to 230, gives effect to certain of the requirements of Regulation 1.4 and Standard A1.4 of the Convention, but that these provisions are still very general and require more detailed implementing measures. The Committee notes that the supplementary regulations envisaged in sections 226 to 230 of the MSC have not been provided. The Committee requests the Government to adopt the necessary implementing regulations to give effect to Regulation 1.4 and Standard A1.4. It also requests the Government to provide detailed information on: (1) the conditions for the implementation in practice of the requirements of the Convention in relation to private seafarer recruitment and placement services operating in the territory of Togo (Standard A1.4, paragraphs 2, 5, 6 and 7); (2) the information provided to nationals of Togo on the possible problems of signing on a ship that flies the flag of a State which has not ratified the Convention (Standard A1.4, paragraph 8); and (3) the requirements to be met by shipowners of ships that fly the Togolese flag who use seafarer recruitment and placement services based in countries or territories in which the Convention does not apply (Standard A1.4, paragraph 9).

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. Noting that the MSC does not address this matter, the Committee previously requested the Government to indicate the manner in which it is ensured that seafarers signing a seafarers’ employment agreement are given an opportunity to examine and seek advice on the agreement before signing, as well as such other facilities as are necessary to ensure that they have freely entered into an agreement with sufficient understanding of their rights and responsibilities (Standard A2.1, paragraph 1(b)). The Committee notes the Government’s indication in this regard that the Department of Maritime Affairs has issued a document entitled “Statement of honour signed by seafarers”, which was not provided with the report. The Committee recalls that Standard A2.1, paragraph 1, requires legislation to be adopted on this point. The Committee once again requests the Government to adopt the necessary measures to give effect to Standard A2.1, paragraph 1(b), and to provide a copy of the document entitled “Statement of honour signed by seafarers”.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. With reference to the requirement for seafarers to be given a document containing a record of their employment on board the ship, in accordance with Standard A2.1, paragraphs 1(e) and 3, the Committee notes that the Government refers to the provisions of section 304 of the MSC, which however covers records of daily hours of work. The Committee requests the Government to adopt the necessary measures to give effect to Standard A2.1, paragraphs 1(e) and 3.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes that the MSC does not establish the conditions under which the protection required by the Convention shall be afforded to seafarers held captive as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under the national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above questions, indicating in each case the applicable national provisions.

Regulation 2.3 and Standard A2.3, paragraphs 2, 5 and 6. Hours of work and rest. Limits. Division of hours of rest. The Committee previously noted that the MSC deals with normal hours of work, but does not address maximum hours of work or minimum hours of rest, as required by Standard A2.3, paragraphs 2 and 5. The Committee also noted that the new MSC does not provide that hours of rest shall be divided into no more than two periods, one of which shall be at least six hours in length, or that the interval between consecutive periods of rest shall not exceed 14 hours (Standard A2.3, paragraph 6). The Committee notes that the Government refers in its report to sections 300 and 301 of the MSC, which only relate to seafarers under 18 years of age. The Committee once again requests the Government to adopt without delay the necessary measures to ensure that either the maximum hours of work or the minimum hours of rest are determined in accordance with the requirements of the Convention. It requests the Government to indicate the measures that give full effect to Standard A2.3, paragraph 6.

Regulation 2.5, paragraph 2, and Standard A2.5.2. Repatriation. Financial security. Abandonment. The Committee previously noted that section 290 of the MSC provides that any owner of a ship flying the Togolese flag shall arrange financial security to ensure the due repatriation of seafarers. The Committee also noted that the conditions for the implementation of this financial security are not specified in the provisions of the MSC. The Committee notes the Government’s indication that the provision respecting financial security has not been adopted, but that in practice shipowners take out an insurance policy or join P&I clubs. The Committee recalls, with reference to the 2014 amendments, that in accordance with Standard A2.5.2, the Government is required to ensure the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment. The Committee also recalls that the financial security for repatriation is one of the general areas that are subject to a detailed inspection by an authorized officer in port of a Member carrying out a port State inspection pursuant to Standard A5.2.1 (Appendix A5-III). The Committee once again requests the Government to adopt the necessary measures to give full effect to Regulation 2.5, paragraph 2, and Standard A2.5.2. The Committee also once again requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that the MSC does not specify the maximum duration of service periods on board. The Committee recalls that pursuant to Standard A2.5.1, paragraph 2(b), the maximum duration of service periods on board shall be “less than 12 months”. In this regard, it observes that, further to a combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, the maximum continuous period of service on a ship without any leave is in principle 11 months. The Committee therefore requests the Government to indicate the maximum duration of service periods on board applicable to ships flying the Togolese flag and to specify the measures adopted to ensure compliance with Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that section 285 of the MSC provides that repatriation shall be considered to have been ensured when suitable employment is found for the seafarer on board a ship destined for the port of embarkation referred to in section 281(1) (a port of embarkation in Togo). In cases where a seafarer is repatriated as a member of a crew, she or he shall be entitled to remuneration for the services provided during the voyage. The Committee recalls that Regulation 2.5, paragraph 1, provides that seafarers have a right to be repatriated at no cost to themselves in the circumstances and under the conditions specified in the Code, and that nothing in the Code provides that the shipowner may fulfil the obligation of repatriation by securing employment, even if it is suitable and paid, for a seafarer on board a ship sailing to the destination of repatriation. The Committee requests the Government to amend section 285 of the MSC to ensure its conformity with the Convention.

Regulation 2.5 and Standard 2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that section 284 of the MSC provides, in accordance with Standard 2.5.1, paragraph 3, that it is prohibited for the shipowner to require seafarers to make an advance payment towards the cost of repatriation at the beginning of their employment. It is also prohibited to recover the cost of repatriation from the seafarer’s wages or other entitlements, except where the seafarer has been found, in accordance with national laws or regulations or other relevant provisions or applicable collective bargaining agreements, to be in serous default of her or his employment obligations. The Committee requests the Government to provide the provisions setting out the procedure to be followed and the standard of proof applicable for a seafarer to be found to be in serious default of her or his employment obligations.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that section 276 of the MSC provides that all ships flying the Togolese flag shall be in compliance with the minimum standards set out in the present Code and the regulations adopted for its implementation with respect to the conditions of accommodation and the recreational facilities to be provided to seafarers …. The Committee notes that section 278 of the MSC provides for the adoption of decrees in the Council of Ministers to determine the conditions for the application of section 276 of the MSC. The Committee requests the Government to provide copies of all the measures adopted or under preparation to give effect to the detailed requirements of the MLC, 2006, respecting accommodation and recreational facilities on board ships (Regulation 3.1 and Standard A3.1) and to indicate the measures that are applicable to ships constructed prior to the date of the entry into force of the MLC, 2006, for Togo, which ensure decent accommodation and recreational facilities for seafarers working or living on board these ships (Regulation 3.1, paragraph 1).

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee previously noted that sections 354 to 357 of the MSC cover the organization and objectives of medical care for seafarers, which is the responsibility of emergency medical assistance on board ships and on drilling platforms. The Committee noted that the organization and operation of health services for seafarers shall be determined by decree in the Council of Ministers and requested the Government to provide information on all the measures prepared or adopted for this purpose. The Committee notes that these measures have not yet been adopted and that the Government refers to sections 327 et seq. of the MSC, which concern the responsibilities of the shipowner in the event of illness, accidents and death while at sea. The Committee recalls that Regulation 4.1, paragraph 2, provides for all seafarers to be covered by adequate measures for the protection of their health and to have access to prompt and adequate medical care whilst working on board. The Committee also recalls that Standard A4.1, paragraphs 3 and 4, provide that each Member shall adopt laws and regulations establishing requirements for on-board hospital and medical care facilities and equipment and training on ships that fly its flag. The Committee requests the Government to adopt the necessary measures without delay to give full effect to Regulation 4.1 and Standard A4.1.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee noted previously that the MSC does not take into account the 2014 amendments concerning shipowners’ liability (Standards A4.2.1 and A4.2.2) and that the requirements are not set out in the provisions of the MSC for the implementation of this financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard. The Committee noted the Government’s indication that the provisions respecting the financial security had not been adopted, but that in practice shipowners take out an insurance policy or join P&I clubs. The Committee notes the Government’s indication that the financial security referred to above is assured through the welfare and social insurance scheme applicable in Togo and possibly through private insurance policies (sections 323 to 326 and 347 of the MSC). However, the Committee notes that these provisions of the MSC do not set out the minimum requirements for the financial security envisaged in Standards A4.2.1 and A4.2.2 and that the Government admits that the current scheme does not give effect to certain of these minimum requirements (requirement to carry on board a certificate or other documentary evidence of financial security issued by the financial security provider; prior notification). Recalling that the financial security relating to shipowners’ liability is one of the general areas that are subject to a detailed inspection by a Member carrying out a port State inspection pursuant to Standard A5.2.1 (Appendix A5-III), the Committee once again requests the Government to adopt the necessary measures to give full effect to Standards A4.2.1 and A4.2.2 and to provide detailed information on the implementation of these provisions. The Committee once again requests the Government to provide a copy of a model certificate or other documentary evidence of the financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee previously noted that the provisions of the MSC respecting health and safety protection and accident prevention (sections 276 and 310) require the adoption of implementing regulations to give full effect to Regulation 4.3 and Standard A4.3. The Committee requested the Government to provide information on all the measures adopted for this purpose. The Committee notes that these measures have not been adopted. The Committee further notes that section 358 of the MSC provides that on each ship with more than ten seafarers, titular and substitute crew delegates shall be elected in accordance with the requirements set out in the laws and regulations that are in force. The Committee recalls that Standard A4.3, paragraph 2(d), provides for the establishment of a safety committee on board ships on which there are five or more seafarers and that the authority shall be specified of the ship’s seafarers who have been appointed or elected as safety representatives to participate in meetings of the ship’s safety committee. Finally, the Committee notes the Government’s indication that no provision sets out the requirement for shipowners to conduct risk evaluations in relation to occupational safety and health on board ship (Standard A4.3, paragraph 8), but that in practice, in order to be in compliance with ILO standards, the maritime authority ensures that shipowners conduct risk evaluations in relation to occupational safety and health on board ship. The Committee once again requests the Government to adopt all the necessary measures to give full effect to Regulation 4.3 and Standard A4.3.

Regulation 4.5 and the Code. Social security. The Committee noted in its previous comments the Government’s indication that the branches of social security from which seafarers benefit are covered by affiliation to the general social security scheme. The Committee noted that sections 347 to 353 of the MSC provide that all seafarers ordinarily resident in Togo shall benefit from the protection set out in the regulations, without prejudice to the protection established in relation to on-board medical care and sickness and injury occurring on board ship, for the following branches of social security: old-age benefit; employment injury benefit; family benefit; maternity benefit; invalidity benefit; and survivors’ benefit (section 348). Recalling that the Government indicated previously that the affiliation of seafarers to the National Social Security Fund is not operational in practice, even though it is provided for by the national legislation, the Committee requested the Government to provide detailed information on the application of section 348 of the MSC in respect of seafarers who are ordinarily resident in Togo. The Committee notes that the Government has not provided the information requested on this matter. It also notes the Government’s indication that the draft collective agreement that is in the process of being adopted could provide for an improvement in the benefits currently available to seafarers or an extension of the social security protection of seafarers to branches in which they do not yet benefit from such protection (Standard A4.5, paragraph 11). The Committee further notes the Government’s indication that no measures have been adopted for the provision of social benefits to seafarers who are not resident on the national territory, who work on ships that fly its flag and who do not have adequate social coverage (Standard A4.5, paragraphs 5 and 6). Finally, the Committee notes the Government’s indication that fair and effective procedures for the settlement of disputes in relation to the social security of seafarers (Standard A4.5, paragraph 9) have not yet been determined, but that they are envisaged in section 349(4) of the MSC. The Committee once again requests the Government to provide detailed information on the manner in which the social security coverage envisaged in section 348 of the MSC is provided in practice for seafarers who are ordinarily resident in Togo. It requests the Government to provide detailed statistics on the number of seafarers who are in practice affiliated to the general social security scheme. It further requests the Government to indicate any measures that are being prepared or have been adopted to give full effect to Standard A4.5, paragraphs 5, 6, 9 and 11.

Regulation 5.1 and the Code. Flag State responsibilities. Noting the absence of specific regulations, the Committee previously requested the Government to adopt the necessary measures as soon as possible to give full effect to Regulation 5.1 and the related provisions of the Code. The Committee notes the Government’s indication that in practice inspections are undertaken frequently to enforce scrupulously the requirements set out in the MLC, 2006. The Committee notes that the implementing measures necessary to give full effect to the requirements of Regulation 5.1 and the related provisions of the Code have still not been adopted. The Committee also notes the Government’s indication that section 361 of the MSC provides that the competent maritime authority shall determine the public institutions or other organizations that it recognizes as competent and independent to undertake inspections and issue certificates and that, under the terms of this provision, organizations can be authorized and procedures have been established to ensure their competence and independence. The Committee however notes that the Government has not provided a list of the recognized organizations authorized to act on its behalf, with an indication of the functions that they are authorized to carry out (Standard A5.1.2, paragraph 4). The Committee notes that section 188 of MSC provides for the creation of an independent maritime safety investigation bureau with responsibility for investigating and determining the causes of maritime casualties and incidents at sea. However, the Committee notes that the MSC does not provide that an official inquiry shall be held into any serious maritime casualty leading to injury or loss of life that involves a ship that flies the Togolese flag, nor that the final report of the inquiry shall normally be made public (Regulation 5.1.6, paragraph 1). The Committee once again requests the Government to adopt the necessary provisions as soon as possible to give full effect to Regulation 5.1 and the related provisions of the Code. It requests the Government to provide it with the list of recognized organizations authorized to act on its behalf, with an indication of the functions that they are authorized to carry out (Standard A5.1.2, paragraph 4). It requests the Government to indicate the measures that require an official inquiry to be held into any serious maritime casualty leading to injury or loss of life that involves a ship flying the Togolese flag and that the final report of the inquiry shall normally be made public (Regulation 5.1.6, paragraph 1).

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. In its previous comments, the Committee noted that Togo has adhered since 12 September 2007 to the Abuja Memorandum of Understanding (MoU). While recognizing the value of the coordinated implementation of inspections under port State control at the level of this regional organization, the Committee recalled that the national authorities are under the obligation to give full effect to the provisions of the MLC, 2006, in their own legislation and requested the Government to adopt the necessary measures as soon as possible to give full effect to Regulation 5.2.1 and Standard A5.2.1, as such measures are envisaged in the form of decrees in the Council of Ministers by section 363 of the MSC. Noting that the Government has not provided information on any measures that are being prepared for this purpose, the Committee once again requests it to adopt the necessary measures as soon as possible to give full effect to Regulation 5.2.1 and Standard A5.2.1.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee noted previously that the MSC does not address onshore seafarer complaint-handling procedures. The Committee notes the Government’s indication that there are no formally established procedures, but that in practice seafarers have recourse to the ITF or maritime labour inspectors, and that around ten complaints have been dealt with internally since the last report, in full confidentiality. Recalling that Regulation 5.2.2 and Standard A5.2.2 set out the framework for onshore seafarer complaint-handling procedures and call for their articulation with other procedures envisaged by the MLC, 2006, such as on-board complaint procedures and inspections by the port State, the Committee requests the Government to adopt the necessary measures to give full effect to these provisions of the Convention.

Additional documents and information requested. The Committee requests the Government to provide the following documents and information: an example of the approved document for the seafarer’s record of employment (Standard A2.1, paragraphs 1 and 3); an example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); a copy in English of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); for each type of ship, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1); an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see also Guideline B4.1.2, paragraph 1); a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraph 4(a); see also Guideline B4.1.1, paragraphs 4 and 5); an example of a document (for example, Part II of the DMLC) outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for your country’s inspection and certification system, including the procedures for its assessment (Regulation 5.1.1, paragraph 5); an example or examples of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); a copy in English of the interim maritime labour certificate if your country issues such a document (Regulation 5.1.3); a copy of the annual reports on inspection activities, issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report; a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; see also Guideline B5.1.4, paragraphs 7 and 8); a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and other parties concerned about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see also Guideline B5.1.4, paragraph 3); a copy of your country’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag (Regulation 5.1.5); a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7; and a copy of any document that describes the onshore complaint-handling procedures (Regulation 5.2.2).

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

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

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

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

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.

Article 7 of the Convention. Progressive extension of the functions of the system of labour administration to certain categories of workers. The Committee notes that the Government refers, in reply to its previous request concerning the procedures for the implementation of the Social Security Code in respect of self-employed workers and workers in the informal economy, to section 3 of Act No. 2011-006 issuing the Social Security Code, according to which self-employed workers in various sectors of activity are covered by all branches of the general social security scheme. It also notes that this section provides for the coverage of informal economy workers by the general social security scheme in relation to pensions and family benefits.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3, 11 and 16 of Convention No. 81 and Articles 6, 15 and 21 of Convention No. 129. Functioning and material resources of the labour inspection service. Effectiveness of the system. In its previous comments, the Committee noted that, in accordance with sections 183, 257 and 260 of the Labour Code, labour inspectors, in addition to their primary duties, are responsible for additional functions, including those of conciliation and arbitration in collective disputes. It requested the Government to provide information on the time and resources devoted by labour inspectors to their various duties, recalling the need to ensure that the additional duties entrusted to labour inspectors, particularly with regard to the settlement of disputes, do not interfere with the discharge of their primary duties.

The Committee notes that, according to the information contained in the Government’s report, in practice, inspectors spend most of their time performing office work, including for reasons related to the lack of means of transport. With regard to on-site inspections, 946 inspection visits were carried out throughout the country in 2017, more than half of which (491) in the informal economy, an average of nine visits per labour inspector in the inspection services and in regional directorates of labour and social legislation (DRTLS). With regard to material and financial resources, the General Directorate of Labour (DGT) has four vehicles, two of which are shared with the six inspection services of Lomé and the Lomé-Commune DRTLS. In the other five regions, the labour inspection services do not have vehicles at their disposal for the performance of their duties; consequently, the inspectors working there use their own means to carry out inspection visits. Furthermore, no measures are in place to reimburse their travel expenses. The inspection services have 45 functioning computers for 131 labour inspectors, an average of one computer for every three inspectors. They have no access to specialized documentation or measuring instruments. The Government emphasizes that the total budget allocated to labour inspection system services in 2017 was 37.52 per cent lower than in 2016. The Committee also notes that a strategic plan for labour inspection for the period 2018–22 has been developed. The Committee requests the Government to take specific measures, including within the framework of the strategic plan for labour inspection, to remedy the difficulties identified. In this respect, it requests the Government to take the necessary measures to ensure that the labour inspection services have at their disposal the material resources necessary to enable them to perform their duties effectively, including by allocating the necessary financial resources and transport facilities, and to provide information on any progress achieved in this regard. The Committee also requests the Government to provide information on the reasons for the reduction of the budget allocated to the labour inspection services from 2016 to 2017, and on the budget allocated in the following years. Lastly, the Committee requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, and to provide information on any progress achieved in this regard.

Article 5(a) of Convention No. 81 and Article 12(1) of Convention No. 129. Effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities. Cooperation with judicial bodies. In its previous comments, the Committee noted the lack of cooperation between the labour inspection services and the office of the Public Prosecutor, as represented by the Public Prosecutor of the Republic, and the Labour Court. The Committee notes the Government’s indication, in reply to its previous requests, that measures to ensure cooperation between the labour inspection services and judicial bodies are provided for in various sections of the Labour Code, including section 187 under which, in the event of a refusal to comply with the financial arrangement ordered by the labour inspector, a report is referred to the Public Prosecutor with a view to prosecution. It also notes that, according to the information contained in the report on the activities of the labour inspection system for 2017, only one prosecution report was prepared by the inspection services. The Committee requests the Government to provide information on the specific measures taken in practice to ensure cooperation between the labour inspection services and judicial bodies, as well as the results achieved in this regard, including the number of cases referred by the labour inspection services to the Public Prosecutor and the Labour Court.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Conditions concerning the recruitment and training of labour inspectors. The Committee notes the Government’s indication, in reply to its previous requests, that Togo no longer has labour controllers. Labour inspectors, after being recruited by a competitive process, receive initial and further training. The Committee also notes that, according to the information contained in the report on the activities of the labour inspection system for 2017, skills upgrading and capacity-building for labour inspectors are very infrequent. However, the Government indicates in the same report that the DGT is considering the development of a further training plan for labour inspectors. The Committee requests the Government to provide information on the measures taken to ensure that labour inspectors receive appropriate training for the performance of their duties, including the development and implementation of the training plan.

Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129. Powers and prerogatives of labour inspectors. In its previous comments, the Committee noted that, under section 188 of the Labour Code, inspectors are required to notify the head or deputy head of the enterprise or establishment at the start of the inspection, and that the latter may accompany them during the inspection. The Committee recalled that, in accordance with the above-mentioned Articles of Conventions Nos 81 and 129, labour inspectors are dispensed from this requirement if they consider that such notification may be prejudicial to the performance of the inspection.

The Committee notes that, according to the Government’s indication, the amendment to section 188(1) of the Labour Code is addressed in the draft of the new code currently being finalized. The Committee requests the Government to continue its efforts to bring its national legislation into conformity with the above-mentioned Articles of Conventions Nos 81 and 129 and to continue to provide information on any progress achieved in this regard.

Article 17 of Convention No. 129. Preventive control of new plant, new materials and new processes. In its previous comments, the Committee noted the absence of information on the adoption of the Order of the Minister of Labour, in application of section 206 of the Labour Code, which provides that any person proposing to start up an undertaking or establishment of any kind shall make a prior declaration to that effect to the competent labour inspector.

The Committee notes the information provided by the Government on the adoption of Order No. 022/MTESS/CAB/DGTLS of 30 July 2010, concerning measures for the application of section 206 of the Labour Code. The Order sets out the mandatory information required in the start-up declaration (section 3), as well as the cases in which a special declaration must be made (partial or complete cessation of activity, resumption of the activity of the undertaking or establishment, change of employer’s legal status, transfer of head office, change of activity, permanent closure of the undertaking or establishment) (section 4). The Committee takes note of this information.

Article 17 of Convention No. 81 and Article 22 of Convention No. 129. Action to be taken in the event of violations. The Committee noted previously that, under the terms of sections 186 and 187 of the Labour Code: (i) inspectors are empowered, following a formal notice procedure intended to allow the violation to be remedied, to issue reports of violations of the provisions of labour laws and regulations; and (ii) only in cases of extreme urgency may the inspector issue a report without prior notice.

The Committee notes the Government’s indication that inspectors are authorized to institute proceedings without prior formal notice only in cases of extreme urgency. The Committee recalls that Article 17 of Convention No. 81 and Article 22 of Convention No. 129 provide that, subject to certain exceptions, violations of the legal provisions enforceable by labour inspectors shall be subject to prompt legal or administrative proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give warning or advice instead of instituting or recommending proceedings. The Committee requests the Government to take the necessary measures to ensure that persons who violate the legal provisions enforceable by labour inspectors are liable to prompt legal proceedings, without previous warning, and that it must be left to the discretion of labour inspectors to give warning or advice instead of instituting or recommending proceedings. It also requests the Government to provide information on cases considered extremely urgent.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Appropriate penalties and effective application. Further to its previous comments, the Committee notes that, according to the information contained in the report on the activities of the labour inspection system, in 2017 a total of 9,480 violations were detected by labour inspectors in the formal and informal economies. The most frequently reported violations related to medical examinations (10.86 per cent), personal protective equipment (10.79 per cent) and membership of the National Social Security Fund (9.35 per cent). The inspection services imposed penalties for the violations committed (674 letters of comments, 165 warnings, three financial arrangement orders and one prosecution report). No penalties relating to the closure of an establishment were imposed. The Committee requests the Government to continue to provide information on the violations observed during inspection visits and on the penalties imposed.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Annual reports on the work of the inspection services. The Committee notes with interest the report on the activities of the labour inspection system of 2017, annexed to the Government’s report. According to the information contained in the report, a data collection tool for the labour inspection system was introduced in 2014, with technical and financial support from the ILO. The report was thus prepared on the basis of the results obtained after three years of use of this tool on the ground. It also notes that the report for 2018 is being finalized. The Committee encourages the Government to continue its efforts to prepare and communicate an annual report on labour inspection, ensuring that it contains all elements listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that, under the terms of section 126 of the Labour Code, the payment of wages in kind is prohibited, subject to the provisions of section 119 respecting the accommodation and food to be provided to a worker posted away from her or his normal residence and initial workplace. The criteria for the calculation of the value of the food provided are determined by the provisions of agreements or, in their absence, by order of the Minister of Labour. The Committee also notes that the interoccupational collective agreement adopted in 2011 does not cover this issue. Recalling the need to ensure that the value attributed to allowances in kind is fair and reasonable, in accordance with Article 4(2) of the Convention, the Committee requests the Government to indicate whether this matter is covered by collective agreements or whether a ministerial order has been adopted under the terms of section 126 of the Labour Code.

Articles 8 and 10. Deductions from wages: attachment or assignment of wages. Further to its previous comments, the Committee notes the Government’s indication in its report that the decree envisaged in section 137 of the Labour Code to determine the procedures for the application of section 136 respecting possible deductions from wages has still not been adopted. The Committee also notes that section 193 of Act No. 2013-003 issuing the General Public Service Regulations of Togo lists the deductions authorized from the remuneration of public employees. The Committee requests the Government to provide information on the adoption of the decree envisaged in section 137 of the Labour Code and on the texts determining the limits on the deductions that may be made from the remuneration of public employees, as envisaged in section 193 of the General Public Service Regulations.

Article 14. Payslips. Further to its previous comments, the Committee notes the Government’s indication that the order envisaged in section 129 of the Labour Code to determine the conditions respecting payslips has been adopted (Order No. 012/MTESS/CAB/DGTLS of 30 July 2010).

Articles 27, 41, 48, 61 of the Convention. Coverage by social security benefits. The Committee notes the information provided by the Government in reply to its previous request that for the purpose of applying Articles 27, 41, 48 and 61 of the Convention, subparagraph (b) of these Articles is retained, as to the persons protected. The Committee recalls that subparagraph (b) of the said Articles requires the protection of prescribed classes of the economically active population and, as the case may be, of their dependants, constituting not less than 20 per cent of all residents. In this regard, the Committee notes the Government’s indication that the total number of insured persons under the general scheme was 166,340 persons in 2019 and 35,601 persons under the scheme for civil servants. The Committee requests the Government to provide information on the total number of residents, together with the calculations necessary to demonstrate compliance with Articles 27, 41, 48, and 61 of the Convention, as indicated in the report form.

Articles 30, 45, 64. Starting day of benefits payment. The Committee observes that in accordance with article 42(4) of Law No. 201–006 of 21 February 2011 on the Social Security Code (Code), old-age pension is provided on the first day of the calendar month following the date on which the required conditions have been fulfilled. The Committee further observes that in accordance with article 29 of the Code, family benefits are granted from the day of filing an application whereas survivors’ benefits are provided on the first day of the calendar month following the date of receipt of an application as stated in article 45(7) of the Code. The Committee recalls that in accordance with Articles 30, 45 and 64 of the Convention, benefits shall be granted throughout the respective contingencies which these benefits cover and that there are no waiting periods foreseen by the Convention in respect of these benefits. The Committee points out that, consequently, old-age, family, and survivors’ benefits shall be paid from the first day of occurrence of the contingencies which are, respectively, reaching the pensionable age, the day of birth of a child and the death of a breadwinner. The Committee therefore requests the Government to ensure that the payment of old-age, family, and survivors’ benefits starts on the day of the occurrence of the contingencies which they cover.

Part VII (Family benefit). Article 44. Total value of family benefits. The Committee notes from the Government’s report that the total amount of family cash benefits provided to persons protected was 1,721,866,000 CFA francs in 2018 and that the minimum wage of an ordinary adult labourer corresponds to the guaranteed minimum interoccupational wage (SMIG) and amounted to 35,000 CFA francs per month. The Committee recalls that the wage of an ordinary manual male labourer, as defined by Article 66(4)(a) or (b) of the Convention, corresponds to the wage of a person deemed typical of unskilled labour in the manufacture of machinery or in the other major group of economic activities. The Committee further recalls that, according to Article 44(b), the requirements of the Convention as regards the amount of family benefits are met when the total value of family benefits granted to the persons protected represents 1.5 per cent of the wage of an ordinary adult male labourer determined according to Article 66(4), multiplied by the total number of children of all residents. The Committee therefore requests the Government to supply information on the total number of children of persons protected or all residents as well as the wage of an ordinary adult male labourer in accordance with Article 44(b) of the report form for the Convention.

Part VIII (Maternity benefit). Article 49. Maternity medical benefits. The Committee notes the Government’s indication that the general scheme only covers the costs of prenatal consultations and delivery. The Committee further notes that under the scheme for civil servants, insured persons directly participate in the costs of maternity medical care benefits by paying user fees. Recalling that in accordance with Article 49 of the Convention, medical care benefits in respect of pregnancy and confinement and their consequences shall be provided free of charge, the Committee requests the Government to ensure the provision of such benefits free of charge for all persons protected.

Part X (Survivors’ benefit). Article 63(2). Reduced survivor pension. In its previous comments, the Committee requested the Government to indicate whether a reduced survivors’ benefit was granted after the completion by persons protected of a five-year period of contribution or employment, as required by Article 63(2) of the Convention. The Committee notes the Government’s indication that the minimum period of insurance for entitlement to survivors’ benefit is 180 months (15 years) according to article 45 of the Code. Recalling that in accordance with Article 63(2) of the Convention, a reduced survivors’ benefit shall be secured at least to all persons protected after completion by a breadwinner of a qualifying period of five years of contribution or employment, the Committee requests the Government to take the necessary measures to give full effect to this Article of the Convention and to keep it informed in this regard.

Part XI (Standards to be complied with by periodical payments). Article 65. Calculation of survivors’ benefits. In its previous request, the Committee requested the Government to make calculations on the replacement rate of survivors’ benefits for a standard beneficiary. With respect to replacement rate of survivors’ benefits, the Committee notes the indication by the Government that under the general scheme, the survivors’ benefit is determined for a surviving spouse as 50 per cent of a deceased person’s old-age or invalidity pension and as 25 per cent for each deceased person’s child. The Committee therefore notes that a survivors’ benefit paid to a standard beneficiary represented in accordance with the Schedule to Part XI of the Convention by a surviving spouse with two children amounts to 100 per cent of a deceased person’s old-age or invalidity pension. The Committee further notes that the level of old-age pension is determined as 20 per cent of the average monthly earnings of an insured person for the last five years. In addition, this amount is increased by 1.33 per cent for each 12 months after completion of 180 months (15 years) of insurance. Recalling that Article 63(1), in conjunction with Article 65 and the Schedule to Part XI of the Convention, require that a survivors’ benefit corresponding to no less than 40 per cent of a standard beneficiary’s previous earnings be secured to persons protected after completion of 15 years of contribution or employment by the breadwinner prior to his/her death, the Committee requests the Government to provide the calculation of the survivors’ benefits and of its replacement rate in accordance with Titles I, II and IV of the report form for the Convention.

Articles 65(10) and 66(8). Review of the level of periodical payments. The Committee once again requests the Government to indicate in accordance with Title VI of the report form for the Convention any changes in the cost of living and the general level of earnings as well as the level of periodical payments since 2013.

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

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

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

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

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

Article 1(a) of the Convention. Imposition of prison sentences involving an obligation to work as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that under section 68 of the Penal Code (Act No. 2015-010 of 24 November 2015), persons sentenced to imprisonment are subjected to the obligation to work. It noted that the following items of legislation establish penalties of imprisonment of three months to one year: (i) Penal Code: sections 301 and 302, concerned with insulting the President or members of the Government or other public authorities; sections 491 and 492, concerning insults towards representatives of the public authority; and sections 540 and 665, concerned with the organization of demonstrations on public thoroughfares; and (ii) Charter of Political Parties: section 25, concerning persons who lead or run a political party in violation of the provisions of the Charter. The Committee asked the Government to provide information on the application of the above-mentioned sections in practice.

The Committee notes the Government’s indications in its report that in practice the court of first instance has never issued judgments on the basis of, or pursuant to, sections 301, 302, 491, 492, 540 and 665 of the Penal Code. As regards the application in practice of section 25 of the Charter of Political Parties, the Government indicates that the Directorate of Public Freedoms and Political Affairs has been assigned the task of studying files for the recognition of political parties and the out-of-court settlement of disputes. The Committee requests the Government to provide information on the application in practice of section 25 of the Charter of Political Parties (Act of 1991) and of sections 301, 302, 491, 492, 540 and 665 of the Penal Code, indicating the number of convictions handed down on the basis of these provisions, the material facts behind the convictions and the type of penalties imposed.

Article 1(d) and (e). Imposition of prison sentences including an obligation to work as punishment for participation in strikes and as a means of racial, social, national or religious discrimination. In its previous comments, the Committee drew the Government’s attention to a number of provisions of the Act of 1 July 1901 concerning contracts of association, which provide for prison sentences that include the obligation to work in circumstances falling within the scope of the Convention. The Committee asked the Government to provide information on the application of the following provisions in practice:

-section 8(1), which provides that any person who has contravened the provisions of section 5 shall be punished with a fine of 16 to 200 CFA francs, the amount of the fine being doubled for a repeat offence (section 5 concerns the formalities for prior declaration, changes that have occurred in an association’s administration or management, and modifications that have been made to its regulations, read in conjunction with section 36 of the Penal Code);
-section 8(2), which provides that the founders, directors or administrators of an association which has been illegally maintained or reconstituted after the judgment of dissolution shall be punished with a fine of 16 to 5,000 CFA francs and imprisonment of six days to one year, and section 8(3), which provides that any persons who have facilitated meetings of members of the dissolved association by granting them the use of premises available to them shall be liable to the same penalty;
-section 15, which provides for the penalties established in section 8(2) for the representatives or directors of a religious congregation who have not complied with the provisions concerning the keeping of a list of the congregation members and the presentation of such a list at the request of the prefect.

The Committee notes that there is no information on this matter in the Government’s report. The Committee once again requests the Government to provide information on the application in practice of the above-mentioned provisions and to send a copy of any court ruling issued on this basis.

Article 1(d). Requisitioning of public officials in the event of a strike. In its previous comments, the Committee noted that sections 244 and 245 of the Public Service Regulations (21 January 2013) provide for the requisitioning of public officials in the event of a strike, and that the posts and jobs concerned would be identified in a decree. Even though the new provisions restrict the power of requisition to cases where the officials concerned occupy posts that are essential to the security of people and property, to the maintenance of public order, to the continuity of public services or to meeting the nation’s essential needs, the Committee noted that officials who do not comply with a requisition order are liable to six days’ imprisonment and/or a fine. The Committee recalled that the power of requisition should be limited to exceptional circumstances, including in services that are essential in the strict sense of the term, namely services the interruption of which would endanger the life, safety or health of the whole or part of the population. The Committee therefore asked the Government to take this restriction into account when adopting the decree defining the posts of officials subject to requisitioning.

The Committee notes that there is no information on this matter in the Government’s report. The Committee once again requests the Government to indicate whether the decree defining the posts of officials subject to requisitioning has been adopted and, if so, to specify the provisions defining requisitioning. The Committee also requests the Government to send a copy of the above-mentioned decree.

Article 3(d) of the Convention and Article 4 of the Convention. Determination of hazardous work. The Committee notes the Government’s indication that Order No. 1464/MTEFP/DGTLS of 12 November 2007, which prohibits hazardous work for children under the age of 18 years, is being revised. The Committee requests the Government to continue to provide information on progress made in this regard and to provide a copy of the Order once it is adopted.

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. The Government indicates that it has just received financial support for an evaluation of the National Plan of Action against the Worst Forms of Child Labour (PAN). The aim is to produce a new version of the PAN for the period 2020–2024. The Committee further notes that the Decent Work Country Programme (DWCP) in Togo, developed for the period 2019–2022, anticipates under Outcome 3.1 that a plan of action against unacceptable forms of work, including the worst forms of child labour, will be available. The Committee once again requests the Government to provide detailed information on the specific measures taken and the results obtained in the context of the PAN and other action programmes for the elimination of the worst forms of child labour. Please also provide a copy of the PAN 2020-2024 once it is adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s indications in its report that a large number of children in Togo do not have the opportunity to attend school. It also noted that the portion of the State budget allocated to education is insufficient to enable the actual abolition of school fees. In addition, one-third of children have no access to primary education, with girls, children living in remote areas and children with disabilities being at particular risk of not attending school. The repetition rate is very high and the completion rate in primary education remains very low, especially among girls. There are not enough schools, and the teaching infrastructure and resources remain insufficient and unsuitable. As part of a plan to reduce the factors linked to the trafficking of girls, the Government has established a canteen programme in rural schools to encourage school enrolment and attendance for all children, especially girls.

The Government indicates that it has introduced educational reforms with a view to reducing the repetition rate and a project to improve school facilities by building classrooms and training teachers to provide quality education. In order to encourage their education, school fees for girls in public secondary establishments are reduced. From 2019 to 2020, a project to combat the worst forms of child labour, launched by the Office of Development and Social Works (ODOS) will be implemented in four villages in the Maritime region, where intensive gravel extraction is prevalent. The project is aimed at prevention, raising awareness and strengthening the financial capacities of families through the creation of large-scale agricultural cooperatives and the provision of school support to some 3,000 children at risk by offering them one meal a day. Monitoring committees have been established at extraction sites in the villages concerned. Considering that education is essential for preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to provide information on the measures taken to improve the functioning of the education system, including to raise school attendance and completion rates and reduce drop-out rates, particularly in rural areas. It requests the Government to provide information on the results achieved, and to provide updated statistical data on school enrolment and drop-out rates at the primary and secondary levels, disaggregated by gender and age.

Article 8. International cooperation and assistance. 1. Regional cooperation relating to the sale and trafficking of children. In its previous comments, the Committee noted that several multilateral agreements have been concluded by Togo with neighbouring countries (Economic Community of West African States (ECOWAS), including Benin and Ghana) in the context of the fight against the trafficking of children. The Committee also noted that discussions were under way with Nigeria with a view to the signing of a bilateral agreement against the trafficking of children.

The Government indicates that from 2013 to 2017, the main objective of the programme implemented to support the fight against trafficking in human beings in the countries of the Gulf of Guinea (Benin, Cameroon, Ghana, Nigeria, Togo) was to contribute to increasing the ability of Gulf of Guinea States to combat human trafficking and reinforce care for victims.

In particular, the programme has made it possible to strengthen and coordinate national anti-trafficking capacities; create a pool of trained investigators (police/gendarmes) and contact judges (magistrats référents), who trained their peers; strengthen the criminal justice system to combat impunity for traffickers; strengthen the capacities of civil society organizations providing assistance for victims of trafficking and their coordination with the authorities, as well as strengthening regional cooperation. The Committee notes the signature on 25 September 2018 by Gabon and Togo of the Bilateral Agreement on Cooperation to Combat Trafficking in Children, to which the Government’s report refers. Furthermore, the Committee notes the recent conclusions of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, on her visit to Togo from 27 to 31 May 2019, which find that child labour and exploitation are often the result of trafficking in persons at the national and regional levels, which is linked, inter alia, to the lack of development and the difficult security situation throughout the region. The Committee therefore requests the Government to continue its efforts to cooperate with the signatory countries of the abovementioned multilateral agreements and, thereby, strengthen border security measures in order to detect and intercept child victims of trafficking and to apprehend and arrest persons operating in networks involved in child trafficking. Noting that the Government’s report does not provide information in this regard, it also asks the Government to provide information on progress made with regard to the conclusion of bilateral agreements with Nigeria against child trafficking and on the impact of the results achieved as a result of the various existing multilateral and bilateral agreements.

2. Poverty reduction. In its previous comments, the Committee noted that more than 60 per cent of the Togolese population was living under the poverty threshold, with a particularly high rate in rural areas. It also noted that the Government was increasing initiatives aimed at improving the living conditions of at-risk groups, especially by implementing social security projects with assistance from the World Bank, namely: the community development project, providing school meals to some 38,000 children in primary schools in the most vulnerable areas of the country and creating jobs in public works for 25,000 rural youngsters; and the pilot project for the transfer of funds to 11,490 children between 0 and 24 months and pregnant women in the Savanes and Kara regions. Noting the lack of information provided on this matter, the Committee reminds the Government that poverty reduction programmes contribute to breaking the circle of poverty, which is essential for the elimination of the worst forms of child labour. The Committee once again requests the Government to provide information on any significant impact of the implementation of the abovementioned social projects on the elimination of the worst forms of child labour.

Article 3(a) and Article 7(1) and (2)(a) and (b) of the Convention. Sale and trafficking of children and penalties. Effective and time-bound measures for prevention, assistance and removal of children from the worst forms of child labour. In its previous comments, the Committee noted that Act No. 2005-009 of 3 August 2005, concerning the trafficking of children prohibits the sale and trafficking of children. However, children living in poor and rural areas continued to be particularly vulnerable to trafficking inside and outside Togo for domestic and agricultural work and sexual exploitation, and the internal trafficking and sale of children have continued to be largely ignored. Traffickers rarely appear to be prosecuted; some are released owing to the corruption of State officials or are given light sentences. The National Commission for the Shelter and Social Reintegration of Child Victims of Trafficking (CNARSEVT) succeeded in identifying 281 child victims of trafficking, of whom 53 were repatriated, from Nigeria, Benin and Gabon. As a result of various action programmes, 840 families of child victims of trafficking received financial assistance and support in developing income-generating activities with a view to improving their living conditions. An anti-trafficking unit comprising five magistrates was established.

The Committee notes the Government’s indication in its report that in 2016, child protection structures registered 1,723 child victims of cross-border trafficking. There were 609 child victims of internal trafficking. Furthermore, 551 child victims of trafficking were socially reintegrated through school enrolment and 182 received vocational training. In that year, the Government recorded 47 investigations, 33 prosecutions and 22 convictions. In 2018, 49 cases were investigated and prosecuted and eight convictions were handed down. A project to combat child sex trafficking being implemented in the prefecture of Anié since 2018 will make it possible, during the period from March 2018 to February 2020, to train 1,350 students on trafficking issues and to provide 1,075 adults and 75 young people with training and direct assistance in the form of a kit for savings and the creation of income-generating activities. However, the Committee notes the Government’s indication that there are difficulties relating to the punishment of traffickers who, increasingly, are developing strategies and methods of operation beyond the reach of the law enforcement agencies. Furthermore, as a result of financial difficulties it is not possible to ensure the social and occupational rehabilitation of all child victims. The Committee encourages the Government to intensify its efforts to combat trafficking in children. It requests the Government to take the necessary measures to ensure that thorough investigations are carried out, prosecutions brought and sufficiently effective and dissuasive penalties imposed in trafficking cases involving persons under the age of 18 years. Please provide detailed information on the number and nature of convictions handed down and criminal penalties imposed. Noting the absence of information in this regard in the report, the Committee once again requests the Government to provide information on the impact of the anti-trafficking unit in terms of removing children from this worst form of child labour and ensuring their rehabilitation and social integration. It also requests the Government, once again, to provide information on the activities of the CNARSEVT and to continue to provide information on the results achieved in terms of the number of child victims of trafficking who have been repatriated, provided with care and reintegrated.

Article 3(a) and (d) and Article 7(2)(b). Forced or compulsory labour and hazardous work and effective and time-bound measures. Child domestic work. The Committee previously noted that section 151(1) of the Labour Code of 2006 prohibits forced labour, which is defined as one of the worst forms of child labour. It also noted that according to Order No. 1464/MTEFP/DGTLS of 12 November 2007, determining the types of work prohibited for children, domestic work is considered to be a hazardous type of work prohibited for children under the age of 18 years. However, noting the ITUC’s communication reporting that there are thousands of child domestic workers in Togo, the large majority of whom are girls from poor and rural areas of the country who perform various potentially hazardous household tasks in private homes, the Committee noted with regret the lack of information from the Government on the application of the provisions relating to this worst form of child labour.

The Committee notes the recent conclusions of the United Nations Special Rapporteur on contemporary forms of slavery, including its causes and consequences, on her visit to Togo from 27 to 31 May 2019, according to whom the domestic servitude of children remains a national problem. Although boys are also subject to forced labour in the construction, mining and agricultural sectors and in engineering workshops, girls are disproportionately affected by domestic servitude. This situation is consistent with social norms that continue to discriminate against women. Noting with deep regret the absence of information from the Government in this regard in its report, the Committee is bound to remind the Government once again that, under the terms of Article 3(a) and (d) of the Convention, the work or employment of children under the age of 18 years under conditions similar to slavery or under hazardous conditions constitute the worst forms of child labour and that, under Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee urges the Government to take immediate and effective measures to ensure the effective application of the national legislation so that children under 18 years of age do not perform domestic work, giving full application to order No. 1464/MTEFP/DGTLS of 12 November 2007, and, in practice, do not work under conditions similar to slavery or under hazardous conditions. In this respect, it once again urges the Government to provide information on the application of the provisions relating to these worst form of child labour, including statistics on the number and nature of reported violations, investigations, prosecutions, convictions and criminal penalties imposed. Furthermore, the Committee strongly encourages the Government to take immediate and effective measures to remove child victims from domestic work, one of the worst forms of child labour, and requests it to provide detailed information on the measures taken and on the number of children actually removed from this worst form of child labour and socially rehabilitated.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. In its previous comments, the Committee noted the Government’s statement that, in the context of the ILO–IPEC–CECLET project, a national awareness-raising campaign on schooling for children and non-discrimination towards HIV/AIDS victims has been implemented. Moreover, support for reintegration in school has been given to 300 children under 15 years of age, including 200 children in vulnerable situations as a result of HIV/AIDS and 100 girls not attending school in the five districts of Lomé.

The Committee notes that the Government’s report does not contain any new information on the measures taken to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour. However, it notes with concern that, according to UNAIDS estimates, the number of HIV/AIDS orphans was put at 84,000 in 2018. The Committee, therefore, once again urges the Government to intensify its efforts to ensure that HIV/AIDS orphans receive such protection as to prevent their engagement in the worst forms of child labour. It requests the Government to supply information on the measures taken and the results achieved in this respect.

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

Article 2(3) of the Convention. Measures that could be taken to ratify relevant occupational safety and health (OSH) Conventions of the ILO. In its previous comments, the Committee noted the Government’s indication that tripartite consultations have been held on the possibility of ratifying other Conventions in the area of OSH.

The Committee notes that, according to information provided by the Government in its report, employers’ and workers’ organizations are still heavily involved in all activities carried out at the national level and the collaboration is fruitful and dynamic. However, the Government has not periodically considered what measures could be taken to ratify ILO Conventions in the area of OSH. The Committee requests the Government to provide information on the consultations held with the most representative employers’ and workers’ organizations regarding the measures that could be taken to ratify ILO Conventions in the area of OSH, and on the outcome of these consultations.

Articles 3(1) and 4(3)(a). National OSH policy and national tripartite advisory body. The Committee notes that section 168 of the Labour Code establishes the OSH Advisory Committee (CTCSST). The Interministerial decree No. 008/2011/MTESS/CAB/DGTLS of 26 May 2011 establishes the CTCSST’s tripartite composition and its functions, including to study and give opinions on regulations related to working conditions, occupational hygiene and occupational safety and safety and health. The Committee requests the Government to provide further information on the consultations on the national OSH policy held in the context of the CTCSST. It requests additional information on the activities of the CTCSST, including the frequency of its meetings and the OSH issues that are discussed.

Article 4(1). Obligation to establish, maintain, progressively develop and periodically review a national system for OSH, in consultation with the social partners. In its previous comments, the Committee noted that a national system for occupational safety and health, comprising the elements listed in Article 4(2), has been established in consultation with the most representative employers’ and workers’ organizations.

The Committee notes that, according to information provided by the Government, the national system for OSH has not yet been subject to a periodic review. The Committee requests the Government to take steps to ensure that the national system for OSH is reviewed periodically, in consultation with the most representative organizations of employers and workers. The Committee also requests the Government to provide information on the consultations held on this matter.

Article 4(3)(f). Mechanisms for the collection and analysis of data on occupational injuries and diseases. Application of the Convention in practice. In its previous comments, the Committee requested the Government to provide detailed information on the manner in which data on injuries and diseases are collected and analysed under section 172 of the Labour Code and section 51 of the Social Security Code.

The Committee notes the statistical information provided by the Government, according to which, in 2015, some 1,470 cases of occupational accidents and two cases of occupational disease were recorded. The Committee requests the Government to continue its efforts to ensure that data on occupational injuries and diseases are up to date and to continue to provide statistical information on this matter.

Article 4(3)(h). Support mechanisms for a progressive improvement of OSH conditions in microenterprises, in small and medium-sized enterprises and in the informal economy. The Committee notes that, according to information provided by the Government, support mechanisms for a progressive improvement of OSH conditions in microenterprises and small and medium-sized enterprises are planned as part of a project to improve labour governance in microenterprises and in small and medium-sized enterprises and support the transition to the formal sector. The Committee also notes that, with the support of this project, a strategic plan for labour inspection (2018–22) has been formulated, with OSH as one of its priorities. The Committee notes this information.

Article 5. National programme. The Committee notes the Government’s indication that a national programme on OSH has not been formulated. The Committee once again requests the Government to take steps to establish a national OSH programme in accordance with the requirements of paragraphs 1 and 2 of this Article of the Convention. It also requests the Government to supply information on these measures, on the employers’ and workers’ organizations consulted, and on the outcome of these consultations.

Comments adopted by the CEACR: Togo

Adopted by the CEACR in 2021

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C150 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C013 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C014 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C026 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C102 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C187 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Togo

Display the list by:

Adopted by the CEACR in 2021

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C150 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C013 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C014 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C026 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C102 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C187 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)