CMNT_TITLE

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

Other comments on C029

Observation

Direct Request

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Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide detailed information on the measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation, as well as on the difficulties encountered by the public authorities in this regard.

The Committee notes the Government’s statement that it has strengthened its legal framework in order to combat the trafficking of persons and that, in practice, public awareness campaigns are being conducted by the National Committee for the Protection and Reinsertion into Society of Child Victims of Trafficking (CNARSEVT), the Ministry of Social Action and National Solidarity, NGOs and ILO–IPEC projects.

Noting that the Government’s various activities are aimed essentially at combating trafficking in children, the Committee requests the Government to indicate the measures taken or envisaged to prevent, suppress and punish the trafficking of adults for the purpose of exploitation, to specify the sanctions imposed and to send it copies of judicial decisions in this regard.

Article 2(2)(c). Prison labour. Sentences of community service. In the comments that it has been making for a number of years, the Committee has requested the Government to provide copies of the regulations issued under sections 22 and 26 of the 1908 Penal Code, whereby the conditions of work and employment of persons sentenced to imprisonment (for a criminal act) or to detention (for a misdemeanour) are to be determined by a decree issued by the Minister of Justice. The Committee also noted that section 35 includes penal labour consisting of community service among the lesser penalties and that the procedures for the employment and surveillance of persons sentenced to perform this type of work are also to be determined by an order of the Minister of Justice. The Committee further noted the Government’s indication that no sentence of community service was handed down in 2011.

The Committee notes the Government’s statement that information on the application in practice of sentences of community service is not yet available. The Committee requests the Government to provide this information as soon as the national courts have handed down such a penalty.

The Committee likewise took note of the Government’s assurance before the Conference Committee on the Application of Standards in June 2009 that the preparation and adoption of the texts to be issued under sections 22, 26 and 35 of the Penal Code were part of its reform and modernization of the judicial system and that they would be sent to the Office once they had been adopted.

Referring to its comments in respect of the Abolition of Forced Labour Convention, 1957 (No. 105), the Committee noted the Government’s indication that the term “compulsory penal labour” has been replaced in the Penal Code by the concept of non-forced prison labour. The Committee observed from this that prison labour is now voluntary rather than compulsory and requested the Government to provide a copy of the revised Penal Code.

The Committee once again notes the Government’s statement that the Penal Code has been revised and is in the process of being adopted. In December 2011 two teams were given the task of finalizing the revision work and the draft texts will shortly be sent for technical approval.

The Committee once again requests the Government to send a copy of the revised Penal Code, once it has been adopted, drawing attention to the provisions that concern the voluntary nature of work in prisons. The Committee also requests the Government to indicate whether, as part of the reform and modernization of the justice system to which the Government referred previously, the regulations with respect to the working conditions of prisoners are in the process of being adopted.