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), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that the measures taken by the Government only concern trafficking in children, and therefore asked the Government to provide information on the measures taken or envisaged to prevent, suppress and punish the trafficking of adults for the purpose of exploitation. The Committee notes the Government’s reference in its report to section 338 of Act No. 2015-010 of 24 November 2015 issuing the Penal Code, which imposes the penalty of five to ten years’ imprisonment for the imposition of forced labour. It also notes the Government’s indication that issues relating to the application of the Convention have never been brought before the courts. The Committee notes that section 317 of the Penal Code establishes a precise definition of the crime of trafficking in persons, which includes trafficking for labour exploitation, and imposes penalties of ten to 20 years’ imprisonment and a fine. If aggravating circumstances are present, the penalty is doubled. The Committee requests the Government to provide information on the application in practice of sections 317 and 338 of the Penal Code, indicating the number of investigations, prosecutions and convictions for forced labour and for trafficking in persons, for sexual exploitation and labour exploitation. The Committee also requests the Government to provide information on the measures taken or contemplated, in law and in practice, to prevent, suppress and punish trafficking in persons and on any obstacles encountered by the authorities in these areas.

Article 2(2)(c). Prison labour. The Committee notes that, under section 68 of the Penal Code, prison labour is compulsory. It also notes that the aforementioned section provides that a ministerial decree should determine prisoners’ conditions of work in penitentiary institutions. The Committee requests the Government to provide further information on prison labour, indicating whether prisoners work for private entities and, if so, under what conditions. The Committee also requests the Government to indicate whether the ministerial decree on prisoners’ conditions of work in prisons has been adopted.