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The Committee notes the adoption of Act No. 2006-010 of 13 December 2006 issuing the Labour Code (the Labour Code of 2006) which repeals the Labour Code of 8 May 1974, as well as the adoption of Act No. 2007-017 of 6 July 2007 issuing the Children’s Code (Children’s Code of 2007).

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced or compulsory recruitment of children for use in armed conflict. The Committee previously noted that article 44 of the Constitution provides that all citizens have the duty to undertake national service under the conditions set out in the law and it requested the Government to provide information on the age of recruitment to the armed forces.

The Committee notes that, under the terms of section 42 of Act No. 2007-010 of 1 March 2007 issuing the general conditions of service of military personnel in the armed forces of Togo, the minimum age for the recruitment of rank and file military personnel among civilian volunteers is 18 years. It also notes that, under the terms of section 426 of the Children’s Code of 2007, no child (under 18 years of age) may take part in hostilities or be enrolled in the military or incorporated into a militia.

Articles 3(b) and (c) and 7(1). Use, procuring or offering of a child for the production of pornography or for pornographic performances; use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and the related penalties. With reference to its previous comments, the Committee notes with interest that section 151 of the Labour Code of 2006 and section 264 of the Children’s Code of 2007 prohibit the worst forms of child labour, which are defined in conformity with Article 3 of the Convention. It notes that under section 388 of the Children’s Code of 2007, pornography using children constitutes a criminal offence giving rise to a sentence of ten years of imprisonment (section 392). It also notes that the fact of causing a child to participate in the cultivation, production, manufacture or illicit traffic of drugs (section 405) and of causing a child to engage in begging constitute offences (section 423). The Committee requests the Government to provide information on the application in practice of the above provisions, including statistics on the number and nature of the violations detected, the investigations conducted, prosecutions and convictions.

Article 5. Monitoring mechanisms. National Steering Committee to Combat Child Labour in Togo. Further to its previous comments, the Committee notes the Government’s indications that a National Steering Committee to Combat Child Labour (CNDLTE) was created by Order No. 004/MTSS/DGTLS of 7 July 2008 with the mandate to guide, coordinate and supervise all action to combat child labour on the national territory. The CNDLTE’s main responsibilities include: (i) promoting laws and regulations on child labour by supervising the application of the legislation; (ii) ensuring the follow-up and evaluation of all activities undertaken to combat child labour; and (iii) preparing and submitting to the Government regular reports on the child labour situation in Togo. The Steering Committee is composed of representatives of the various ministerial departments, the social partners, the National Committee on Children and several networks or federations of NGOs working to combat child labour. At the regional level, the CNDLTE’s mission is discharged by regional committees that are active in the five economic regions of the country. The Committee requests the Government to provide additional information on the measures adopted by the CNDLTE to follow up the application of the national legislation on the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. Further to its previous comments, the Committee notes the Government’s indications that Togo has been participating since October 2008 in an ILO–IPEC project to combat child labour through education. In the context of this project, various workshops were organized with the participation of the social partners. The objectives of these workshops included drawing up of a plan of action in the informal economy in urban areas, as well as a plan of action to combat child labour in hotels and catering and the sexual exploitation of children. The Committee requests the Government to provide information on the measures adopted or envisaged in the context of the implementation of these various plans of action.

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 notes the Government’s indications in its report that a large number of children in Togo do not have opportunities to attend school. It notes that, according to the 2008 statistics of the UNESCO Institute for Statistics, 6 per cent of children of primary school age do not attend school and only 61 per cent reach the final year of primary school. Furthermore, the gross school attendance rate at the secondary level is no higher than 40 per cent.

The Committee also notes the adoption in March 2010 of a sectoral education plan (2010–20). The Committee observes that the following objectives have been established: (i) universal access to and completion of primary school; (ii) the development of a programme of action for education to cover children between 9 and 14 years of age who are not attending school; (iii) the reduction of the school drop-out rate in primary and secondary education; and (iv) the reinforcement of the institutional framework for non-formal education. According to this document, the main weaknesses of the current education system include wide social disparities in the school careers of the poor and those in rural areas, and the significance of regional disparities in the supply of schooling. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to improve the functioning of the education system through measures intended, among other objectives, to increase the school attendance and completion rates and reduce school drop-out rates, particularly in rural areas. It requests the Government to provide information on the results achieved in the context of the sectoral education plan.

Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. Further to its previous comments, the Committee notes that, according to the information contained in the national report for 2010 provided in the context of the follow-up to the declaration of commitment on HIV/AIDS, three orphans and vulnerable children (OVCs) out of five have benefited from at least some external assistance or support (school, psychosocial, medical, nutritional) over the past three or 12 months of the period covered by the report. The Committee also notes that, according to the same document, a national plan of action explicitly intended for OVCs appears to have been prepared. However, the Committee notes the information contained in the Epidemiological Fact Sheet on HIV and AIDS of the United Nations Programme on HIV/AIDS (UNAIDS) (2008 Update) reporting that the number of child orphans of HIV/AIDS in Togo increased from 31,000 in 2001 to 68,000 in 2008. Expressing its concern at the increase in the number of child orphans of HIV/AIDS, the Committee requests the Government to provide information on the measures adopted and the results obtained in the context of the national plan of action in ensuring that child orphans of HIV/AIDS are not engaged in the worst forms of child labour.

Clause (e). Taking account of the special situation of girls. In its previous comments, the Committee noted that the Government grants girls partial or total exemption from school fees. The Committee also noted that, through the Togo/UNICEF cooperation programme for 1997–2001 and the concerted action of various NGOs, the school attendance rate of young girls has increased in certain provinces. The programme is intended to create nursery schools, thereby liberating young girls from the obligation to look after their younger brothers and sisters, as well as providing financial assistance to cover school fees and supplies.

The Committee notes with interest the Government’s indication that, since 2008, school fees have been made free for pre-school and primary school and are reduced for girls in secondary education in public establishments. Moreover, according to the Government, the special situation of girls is taken into account in the implementation of all programmes of action. The Committee also notes that, according to the Education for All Global Monitoring Report 2009, published by UNESCO and entitled “Overcoming inequality: Why governance counts”, the disparities between the sexes in primary and secondary education fell between 1999 and 2006, with an improvement of over 20 per cent for secondary school. Nevertheless, the report reveals that the rate of completion of the final year of primary school by girls was very much lower than that of boys in 2005. The Committee further notes that, according to the 2008 statistics of the UNESCO Institute for Statistics, the net school attendance rate of girls in primary school remains lower than that of boys. The Committee encourages the Government to pursue its efforts to ensure that girls of school age attend school and remain at school, and requests it to continue providing information on the measures taken and the results achieved in this respect.

Article 8. International cooperation and assistance. Poverty reduction. Further to its previous comments, the Committee notes the Government’s indications that the Poverty Reduction Strategy Paper (PRSP) effectively incorporates action intended to eliminate child labour, including the promotion of access to primary education for all by 2015. It notes that the Full Poverty Reduction Strategy Paper (F-PRSP) was adopted in June 2009 and covers a three-year period (2009–11). The Committee notes that, according to this paper, a survey carried out in 2006 revealed that over 60 per cent of the population of Togo is under the poverty line, with a particularly high rate in rural areas. Moreover, it is estimated that, following the high price rises in 2008, poverty has probably increased further. Considering 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 strongly encourages the Government to continue its efforts to reduce the incidence of poverty and requests it to provide information on any significant impact of the implementation of the F-PRSP on the elimination of the worst forms of child labour.

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The Committee notes the communication of the International Trade Union Confederation (ITUC) of 24 August 2010 and the Government’s report. It also notes the adoption of Act No. 2006-010 of 13 December 2006, issuing the Labour Code (the Labour Code of 2006), which repeals the Labour Code of 8 May 1974, and the adoption of Act No. 2007-017 of 6 July 2007 issuing the Children’s Code (the Children’s Code of 2007).

Article 3 of the Convention. The worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that there was no provision in the current legislation prohibiting this worst form of child labour. It noted that Togo had prepared on 23 January 2003 a preliminary draft of a Bill to define the trafficking of children, which was awaiting adoption by the Council of Ministers, and that a draft Children’s Code had been forwarded to Parliament in 2002.

The Committee notes with satisfaction the adoption of Act No. 2005-009 on the trafficking of children of 3 August 2005 (the Act on the trafficking of children). It observes that, by virtue of section 3 of this Act, the term “trafficking” is defined as the process by which any child is recruited or abducted, transported, accommodated or hosted, both within and outside the national territory, by one or more persons, for the purposes of her or his exploitation. Under the terms of section 2, the term “child” is defined as any person under the age of 18 years. The Committee also notes that those who engage in or are accomplices to the trafficking of children are liable to a sentence of imprisonment of five years (section 10) and that the penalty is doubled in cases where acts of the trafficking of children result in the death or disappearance of the victim (section 11). Section 11 also envisages the existence of aggravating circumstances which may result in the person committing the offence serving a penal sentence of ten years of imprisonment. This is the case, among others, where the victim of the trafficking is under 15 years of age at the time of the offence or where the child has been subjected to the worst forms of child labour. The Committee also notes that, under the terms of section 264(a) of the Children’s Code of 2007, the sale and trafficking of children are considered to be one of the worst forms of child labour.

However, the Committee notes the allegations made by the ITUC to the effect that internal and international trafficking of children for domestic work exists in Togo. The internal trafficking affects children from poor and rural communities who are directed towards domestic work in towns, and particularly Lomé, or in fertile agricultural regions. Trans-border trafficking takes place, both from and towards Togo, from Nigeria, Gabon, Côte d’Ivoire, Burkina Faso, Niger, Benin and Ghana.

The Committee further notes the findings of the qualitative survey of the worst forms of child labour undertaken in 2009–10 by the General Directorate of Statistics and Accounting among 2,500 households in four economic regions of the country (Maritime, Plateau, Centrale and Lomé), which are appended to the Government’s report. It observes that, according to the report of the discussion by the central region group, girls who are victims of trafficking are used for prostitution and domestic work, while boys are used as manual workers in plantations and quarries. The Committee notes the information provided in the United Nations Office on Drugs and Crime (UNODC) Global Report on Trafficking in Persons of February 2009, indicating that, according to the Ministry of Labour of Togo, 1,758 victims of trafficking were identified in 2003 and 1,301 in 2004, most of whom were children. It notes that, according to the report, the number of investigations for trafficking in persons fell from 21 in 2005 (the year of the adoption of the Act on the trafficking of children) to nine in 2007. It observes that, of the nine persons investigated in 2007, six men were convicted of trafficking in persons, one for trafficking for sexual exploitation and the five others for trafficking for the purpose of slavery. The sentences received by these persons did not however exceed one year of imprisonment. The Committee also observes that, according to the indications contained in the report entitled “Trafficking in Persons Report 2010 – Togo” published on the website of the Office of the United Nations High Commissioner for Refugees (www.unhcr.org), certain traffickers appear to obtain their release through the corruption of state officials. While taking due note of the measures adopted by the Government to combat the trafficking of children, the Committee expresses concern at the fall in the number of investigations conducted following the adoption of the Act on child trafficking, and with regard to the allegations of corruption from which certain traffickers benefit to evade justice. The Committee therefore requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons engaged in the sale and trafficking of children under 18 years of age are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the number of investigations conducted, prosecutions carried out and convictions obtained under Act No. 2005-009 on the trafficking of children.

Clauses (a) and (d). Forced or compulsory labour and hazardous types of work. Child domestic work. The Committee notes the ITUC’s communication reporting conditions of work which are hazardous and/or similar to forced labour encountered by many children engaged as domestic workers. According to the ITUC’s allegations, there are thousands of child domestic workers in Togo, the large majority of whom are girls from poor and rural areas of the country, and who perform various potentially hazardous household tasks in private homes and may also be called upon to sell products in the street or in markets on behalf of their employers. These children work very long days (ten hours or more), frequently have no rest days and receive no or very little remuneration. They live in the house of their employers, are dependent upon the latter, and are isolated from their families, which makes them vulnerable to abuse and forced labour. Child domestic workers are also regularly subjected to verbal and physical violence and to sexual abuse, and are often deprived of education opportunities. The ITUC’s communication also refers to a survey carried out in Togo between 2007 and 2008 of 61 girl domestic workers, which shows that the average age at which they enter into domestic service is nine.

The Committee notes that section 151(1) of the 2006 Labour Code prohibits forced labour, which is defined as one of the worst forms of child labour. It further notes that, in accordance with Order No. 1464/MTEFP/DGTLS of 12 November 2007 (Order No. 1464) determining the types of work prohibited for children, domestic work is considered to be a hazardous type of work prohibited for children under 18 years of age.

The Committee observes that, although the national legislation is in conformity with the Convention on this point, child domestic work performed under conditions similar to forced labour or under hazardous conditions remains a concern in practice. It reminds the Government that, under the terms of Article 3(a) and (d) of the Convention, work or employment of children under 18 years of age under conditions similar to slavery or under hazardous conditions are some of the worst forms of child labour and that, by virtue of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take immediate and effective measures to ensure that children under 18 years of age engaged in domestic work under conditions similar to slavery or under hazardous conditions benefit from the protection afforded by the national legislation. In this respect, it requests the Government to provide information on the application of the provisions respecting this worst form of child labour, including statistics on the number and nature of the violations reported, investigations conducted, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Article 6. Programmes of action to eliminate the worst forms of child labour. Trafficking of children and child domestic work. The Committee notes the conclusions of the ITUC which recommends, inter alia, the implementation of measures to assist children engaged in domestic work to leave their work and to facilitate their rehabilitation. The Committee notes the information provided in the Government’s report indicating that, in the context of the ILO–IPEC project to combat child labour through education, two workshops were organized in June 2009 with a view to the preparation of a plan of action on the trafficking of children and a plan of action to combat domestic work. According to the technical progress report of the project of September 2010, these sectoral action plans would have been adopted in December 2009. The Committee also notes that, in the context of this ILO–IPEC project, 126 children were prevented from entering domestic work and 22 were removed from this worst form of child labour between March and August 2010. All of them benefited from rehabilitation measures through education services. The Committee further notes that between June and September 2010, workshops were conducted for the training of labour inspectors on the issue of child domestic work. The Committee requests the Government to provide information on the measures taken and the results achieved in the context of the plan of action on the trafficking of children and the plan of action to combat domestic work in terms of the identification, removal and reintegration of children under 18 years of age. It requests the Government to provide copies of these plans of action.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Sale and trafficking of children. 
1. National Commission for the Shelter and Social Reintegration of Child Victims of Trafficking. With reference to its previous comments, the Committee notes the Government’s indications that a National Commission for the Shelter and Social Reintegration of Child Victims of Trafficking (CNARSEVT) was established in April 2002. The responsibilities of the CNARSEVT include: (i) organizing the repatriation to Togo of child victims of trafficking identified at the borders and in the various destination countries; (ii) coordinating the shelter and care (accommodation and health care) of repatriated child victims of trafficking; (iii) supervising the family and social reintegration of repatriated child victims of trafficking; (iv) centralizing information and statistical data on child victims of trafficking, sheltered and reintegrated at the national level; and (v) mobilizing the necessary resources for the repatriation, shelter and social reintegration of child victims of trafficking. The CNARSEVT has regional committees to discharge its functions. The Committee requests the Government to provide additional information on the activities of the CNARSEVT, including extracts of reports or documents, as well as the results achieved in terms of the number of child victims of trafficking who are repatriated, cared for and reintegrated.

2. Measures adopted in the context of various ILO–IPEC projects. With reference to its previous comments, the Committee notes the Government’s indications that, in the context of the implementation of the ILO–IPEC–LUTRENA project, the direct action taken for children and their families between 2001 and 2007 resulted in the removal of 4,038 children from trafficking and the reintegration in the school system of 173 children removed from this worst form of child labour. The Committee also notes the information contained in the Government’s report indicating that four transitional shelter centres for children removed from trafficking have been established, that a system to shelter and refer children removed from trafficking has been created and that 165 vigilance committees have become operational in village communities. Furthermore, according to the technical progress report of September 2010 of the ILO–IPEC project to combat child labour through education, a total of 87 children, including 63 girls and 24 boys, were removed from trafficking between March and August 2010 and have benefited from educational services and training opportunities. The Committee strongly encourages the Government to continue to take immediate and effective measures to remove child victims of sale and trafficking and requests it to continue providing information on the number of children who are, in practice, removed from this worst form of child labour and placed in transitory shelter centres.

Article 8. International cooperation and assistance. Regional cooperation in relation to the sale and trafficking of children. Further to its previous comments, the Committee notes the information provided by the Government in its report indicating that several multilateral agreements have been concluded with neighbouring countries in the context of the measures to combat the trafficking of children. The Committee notes that Togo signed the Cooperation Agreement between Member States’ Police Forces on Investigation in Criminal Matters adopted in Accra in 2003 by the Member States of ECOWAS, the Multinational Cooperation Agreement to Combat Child Trafficking of Abidjan (2005) and the Abuja Multilateral Cooperation Agreement to Combat Trafficking in Persons, especially Women and Children (2006). It also notes that Togo has concluded a quadrilateral agreement with Benin, Ghana and Nigeria on border crime. It further notes the Government’s indication that discussions are under way with Nigeria for the signature of a bilateral agreement to combat the trafficking of children. The Committee strongly encourages the Government to continue its efforts and to take measures to cooperate with countries that are signatories to the multilateral cooperation agreements referred to above, thereby strengthening security measures on frontiers, with a view to detecting and intercepting child victims of trafficking and apprehending and arresting persons involved in networks engaged in the trafficking of children. It also requests the Government to continue providing information on the progress made in the discussions for the adoption of a bilateral agreement with Nigeria.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee noted the Government’s indication that the respective legislative provisions are in the process of being prepared. It noted that in practice there is no provision in the current legislation prohibiting this worst form of child labour. However, it noted that section 78 of the Penal Code of 13 August 1980 penalizes any person who, against the will of the persons exercising parental authority, except upon the legitimate order of the public authority, abducts, misleads, removes or transfers a child from the place in which those exercising authority over the child have placed the child. It also noted that section 67 of the Penal Code penalizes any person engaged in practices likely to harm other persons.

The Committee noted that Togo prepared a preliminary draft of a Bill to define the trafficking of children on 23 January 2003. This draft text was adopted by the Secretary-General of the Government and will be submitted to the Council of Ministers of Justice, Labour and Social Affairs for signature before being examined by the Council of Ministers for approval. If it is approved by the Council of Ministers, the draft text will be submitted to the Legislative Assembly to be voted upon. The Committee also noted that a draft Children’s Code was forwarded to Parliament in 2002 and gave rise to the establishment, on 25 May 2002, of a National Commission for the Care and Social Integration of Child Victims of Trafficking.

The Committee reminded the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children, both for economic exploitation and for sexual exploitation, are considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore hopes that the Bill on the trafficking of children will be adopted soon and that it will be in conformity with the principles set out above. It requests the Government to provide a copy of the text once it has been adopted. The Committee also requests the Government to provide information on the application in practice of the sections of the Penal Code referred to above.

2. Forced or compulsory labour. The Committee noted the information provided by the Government in its third report under the International Covenant on Civil and Political Rights (CCPR/C/TGO/2001/3, paragraph 125), according to which a preliminary draft of the Code of Rights and Duties of the Child addresses some of the contemporary forms of slavery-like practices. For example, in the field of international adoption, section 89 of this preliminary draft stipulates that the competent Togolese authorities shall take all appropriate measures to ensure that the placement of Togolese children in other countries does not entail trafficking. Similarly, in its provisions concerning the protection of child victims against violence, the preliminary draft refers to the protection of children against sale, smuggling and trafficking (sections 646 and 647). The Committee also noted that the preliminary draft of the Code of Rights and Duties of the Child punishes any person who uses children for begging. The Committee requests the Government to indicate whether the preliminary draft of the Code has been adopted and, if so, to provide a copy of it. It also requests the Government to provide a copy of any other provision adopted to prohibit and eliminate slavery or practices similar to slavery, and forced labour of young persons under 18 years of age.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee noted that article 44 of the Constitution provides that all citizens have the duty to undertake national service under the conditions set out in the law. The Committee requests the Government to provide information on the age of recruitment to the armed forces and to provide a copy of the relevant legislative provisions.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee noted that, under section 89 of the Penal Code, any person is penalized who exhibits in public, produces or sells with a view to public exhibition objects, images, films, sound or audio-visual recordings, which are offensive to decency, and who distributes or causes to be distributed on the public thoroughfare or through the post, or through door-to-door distribution, any books, brochures, catalogues, prospectuses, images, films, sound or audio-visual recordings which are offensive to decency, without the prior consent of those to whom they are destined; by means of words, writings or any other communication media, disseminates or causes to be disseminated publicly materials inciting practices that are contrary to morality. Section 12 of Order No. 15/MTAS-FP, of 6 December 1958, prohibits the employment of children in the production, maintenance or sale of writings, printed texts, posters, drawings, engravings, paintings, signs, images and other objects of which the sale, offering, exhibition, posting or distribution are such as to harm morals or exercise an unworthy influence. Section 13 of the same Order provides that it is also prohibited to employ young persons in any type of work in premises in which those types of work are carried on. The Committee was concerned that the prohibition in section 12 of the Order does not adequately prohibit the procuring or offering of a child for the production of pornography. The Committee therefore requests the Government to indicate the measures adopted to secure the prohibition of this worst form of child labour for all persons (girls and boys) under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted the indication in the Government’s report that relevant texts are under preparation. It hopes that a text to prohibit the use, procuring or offering of young persons under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, will be adopted rapidly, in accordance with Article 3(c) of the Convention. It therefore requests the Government to provide a copy of such provisions once they have been adopted.

Clause (d). Types of hazardous work. The Committee noted that section 1 of Order No. 15/MTAS-FP, of 6 December 1958, respecting child labour, provides that in establishments of any nature, whether agricultural, commercial or industrial, public or private, lay or religious, even if those establishments are devoted to vocational training or welfare, including family enterprises or individual homes, it is prohibited to employ young persons of either sex under 18 years of age on work which exceeds their strength, presents risks of danger or which, by their nature or the circumstances in which they are carried out, are likely to harm their morals. Section 34 of the Order provides that children are subject to the care of the employer, a medical examination by the enterprise physician or, if none exists, an approved physician. The Committee also noted that the Order is currently under review. It therefore requests the Government to provide a copy of the new text once it has been adopted.

Self-employed workers. The Committee noted that, under the terms of sections 1 and 2, Ordinance No. 16 of 8 May 1974 issuing the Labour Code only governs individual and collective labour relations between employees and employers. The Committee noted that, under the terms of these provisions, the Labour Code does not apply to employment relations which are not derived from a contract, such as work by children on their own account. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of children engaged in a non-wage economic activity, such as work by children on their own account, against engagement in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee noted the information provided by the Government that the list of types of hazardous work is under preparation. The Committee also noted that the categories of work prohibited for young persons under 18 years of age are established by Order No. 15/MTAS-FP, of 6 December 1958, in Schedules A and B. The Committee further noted that section 2 of the above Order provides that in no case may children be employed on work carried on for more than eight hours a day. Section 3 provides that, in factories, manufacturing facilities, mines and quarries, worksites, workshops and their associated buildings, child workers and apprentices may not be employed in any form of night work between 10 p.m. and 5 a.m. The Committee further noted that section 15 of the Order establishes the maximum weight of loads which may be carried, dragged or pushed by young persons under 18 years of age.

While noting this information, the Committee drew the Government’s attention to Article 4(1), of the Convention, which provides that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, and in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of Recommendation No. 190 indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the list of hazardous types of work will be adopted rapidly and requests the Government to provide a copy once it has been adopted, after consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4(1), of the Convention. When determining the hazardous types of work, the Committee hopes that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. The Committee noted the Government’s indication that the Government is still in the process of establishing or designating appropriate mechanisms to monitor implementation. However, it noted the establishment of a National Steering Committee for the Prohibition and Elimination of the Worst Forms of Child Labour. According to the Government’s report, this Committee is composed of the social partners, the public authorities and NGOs. It issues opinions on the action to be taken and evaluates the programmes of action proposed by other NGOs. The Committee further noted that section 143 of the Labour Code provides that inspectors of labour and labour laws must enforce the provisions issued in the field of labour. Section 144 of the Labour Code indicates that labour inspectors may at their own initiative inspect premises and conduct investigations. Section 150 of the Labour Code provides that inspectors may record, in reports that are presumed correct until proven to the contrary, infringements of labour law and regulations. They are empowered to refer matters directly to the competent judicial authorities. Section 151 of the Labour Code gives the labour inspectors wide powers to enter workplaces that are subject to inspection. The Committee requests the Government to provide information on the activities of the labour inspectorate, particularly through extracts of reports or documents, and to indicate whether other mechanisms have been established or designated to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted, according to the information provided by the Government, that a programme of action has been commenced with the assistance of the social partners for child porters, child domestic workers, child apprentice carpenters and mechanics. It also noted the Government’s indication concerning the existence of awareness-raising campaigns for community leaders and the managers of public services, a training programme for trade union confederations on combating child labour and a programme to reinforce the capacity of the labour inspection services. The Committee further noted the existence of a National Plan to Combat the Trafficking of Children, formulated by the Ministry of Social Affairs in March 1999. The objective of this Plan is to compile full information on the phenomenon, reinforce structures and mechanisms for concerted action to combat child labour and the trafficking of children, reduce risk factors in communities through awareness-raising among the families of the children concerned and introduce microfinance programmes.

The Committee further noted that Togo is participating in the ILO–IPEC LUTRENA Programme (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa), which covers nine countries: Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. The Committee requests the Government to continue providing information on the implementation of these programmes of action.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b) Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee noted that, according to the information provided by the Government in its report, various programmes of action have been commenced with the assistance of the social partners, in partnership with ILO–IPEC, to combat the exploitation of child porters, child domestic workers and child apprentice carpenters and mechanics. It noted that: 115 children out of 150 persons under 15 years of age have been removed from domestic work and reintegrated; 228 child porters aged between 9 and 14 years have been identified, of whom 111 children were enrolled in school for the year 2002-03; 114 apprentice mechanics, carpenters and welders between 8 and 17 years of age have been identified, and 69 master carpenters and mechanics trained in the regulations respecting child labour and the risks and dangers related to the work carried out.

The Committee noted, according to the information contained in the ILO–IPEC summary report of 2000 for the LUTRENA Programme against trafficking (page 13), that studies have shown that children from Togo are taken through Benin and Nigeria to Gabon. The Committee noted that, of 96 repatriated child victims of trafficking, 73 per cent were between 6 and 14 years of age, and 70 per cent were girls. It also noted that 76 per cent of the children questioned had dropped out of primary school, 46 per cent worked in trading and 31 per cent in the agricultural sector. However, the girls transported to Burkina Faso or Niger were all engaged as general helps in small restaurants. The Committee noted that, in the context of this programme, the social partners are in the process of compiling figures on the trafficking of children and that a data bank will be established with a view to raising the awareness of the population and improving understanding of this problem. The Committee requests the Government to provide information on the impact of the LUTRENA Programme in removing children from trafficking and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. The Committee noted that HIV/AIDS has consequences for orphans, who are at greater risk of being engaged in the worst forms of child labour. It noted, according to the information provided by the Government in the report submitted to the Committee on the Rights of the Child (CRC/C/65/Add.27, paragraph 45), that the incidence of HIV/AIDS is 5.9 per cent and that a national anti-AIDS programme has been established covering orphans, among other groups. The Committee requests the Government to provide information on the impact of this programme and of other effective and time-bound measures adopted to improve the situation of these children.

Clause (e). Taking account of the special situation of girls. The Committee noted the information provided by the Government that it grants girls partial or total exemption from school fees. The Committee noted that, according to UNICEF, 39 per cent of girls who are of school age do not currently attend school or drop out of school.

The Committee further noted, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2003 (CRC/C/65/Add.27, paragraph 55), that Decree No. 058/MENR/MEFP, of 3 November 2000, provides for lower school fees for girls than for boys in order to encourage parents to send their daughters to school. The Committee also noted that, through the Togo/UNICEF cooperation programme for 1997–2001, and the concerted action by various NGOs, the school enrolment rate for young girls has increased in certain provinces. The programme intends to set up nurseries so that girls do not have to look after younger sisters and brothers and to provide additional financial support to cover school fees and supplies. The Committee requests the Government to continue providing information on the effective and time-bound measures adopted and their impact on the prohibition and elimination of the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. 
1. International cooperation. The Committee noted the Government’s indication in its report that it benefits from cooperation programmes and financial assistance from UNDP for the implementation of various measures to combat the worst forms of child labour and other aspects related to poverty. The Committee noted that Togo is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also noted that Togo ratified the Convention on the Rights of the Child in August 1990. The Committee further observed that a Poverty Reduction Strategy Paper (PRSP) has been forwarded to the National Assembly for examination and adoption. The Committee noted that this document identifies the elimination of child labour and the trafficking of children as components of a poverty reduction strategy through the implementation of multi-sectoral activities to reduce the socio-economic and cultural factors which cause the emergence of the worst forms of child labour. It requests the Government to continue providing information on the adoption of the PRSP and its impact, particularly on the elimination of the worst forms of child labour, and especially the trafficking of children.

2. Regional cooperation. The Committee noted that an extradition treaty was adopted in 1984 between the Republic of Benin, the Republic of Ghana, the Republic of Nigeria and the Republic of Togo to facilitate the return of child victims of trafficking and the extradition of traffickers. Under this agreement, the police in these countries exchange information on the trafficking of children on their territory and collaborate in their repatriation (LUTRENA report, 2000, page 39).

Togo also ratified the African Charter on the Rights and Welfare of the Child in 1998. The Committee further noted that in December 2001 an initial plan of action was developed in Dakar by the Member States of the Economic Community of West African States (ECOWAS), which include Togo. The Committee encourages the Government to continue to provide detailed information on enhanced international cooperation and/or assistance.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted the Government’s indication that the information requested is not yet available. It requests the Government, as soon as they become available, to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.

CMNT_TITLE

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

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee noted the Government’s indication that the respective legislative provisions are in the process of being prepared. It noted that in practice there is no provision in the current legislation prohibiting this worst form of child labour. However, it noted that section 78 of the Penal Code of 13 August 1980 penalizes any person who, against the will of the persons exercising parental authority, except upon the legitimate order of the public authority, abducts, misleads, removes or transfers a child from the place in which those exercising authority over the child have placed the child. It also noted that section 67 of the Penal Code penalizes any person engaged in practices likely to harm other persons.

The Committee noted that Togo prepared a preliminary draft of a Bill to define the trafficking of children on 23 January 2003. This draft text was adopted by the Secretary-General of the Government and will be submitted to the Council of Ministers of Justice, Labour and Social Affairs for signature before being examined by the Council of Ministers for approval. If it is approved by the Council of Ministers, the draft text will be submitted to the Legislative Assembly to be voted upon. The Committee also noted that a draft Children’s Code was forwarded to Parliament in 2002 and gave rise to the establishment, on 25 May 2002, of a National Commission for the Care and Social Integration of Child Victims of Trafficking.

The Committee reminded the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children, both for economic exploitation and for sexual exploitation, are considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore hopes that the Bill on the trafficking of children will be adopted soon and that it will be in conformity with the principles set out above. It requests the Government to provide a copy of the text once it has been adopted. The Committee also requests the Government to provide information on the application in practice of the sections of the Penal Code referred to above.

2. Forced or compulsory labour. The Committee noted the information provided by the Government in its third report under the International Covenant on Civil and Political Rights (CCPR/C/TGO/2001/3, paragraph 125), according to which a preliminary draft of the Code of Rights and Duties of the Child addresses some of the contemporary forms of slavery-like practices. For example, in the field of international adoption, section 89 of this preliminary draft stipulates that the competent Togolese authorities shall take all appropriate measures to ensure that the placement of Togolese children in other countries does not entail trafficking. Similarly, in its provisions concerning the protection of child victims against violence, the preliminary draft refers to the protection of children against sale, smuggling and trafficking (sections 646 and 647). The Committee also noted that the preliminary draft of the Code of Rights and Duties of the Child punishes any person who uses children for begging. The Committee requests the Government to indicate whether the preliminary draft of the Code has been adopted and, if so, to provide a copy of it. It also requests the Government to provide a copy of any other provision adopted to prohibit and eliminate slavery or practices similar to slavery, and forced labour of young persons under 18 years of age.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee noted that article 44 of the Constitution provides that all citizens have the duty to undertake national service under the conditions set out in the law. The Committee requests the Government to provide information on the age of recruitment to the armed forces and to provide a copy of the relevant legislative provisions.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee noted that, under section 89 of the Penal Code, any person is penalized who exhibits in public, produces or sells with a view to public exhibition objects, images, films, sound or audio-visual recordings, which are offensive to decency, and who distributes or causes to be distributed on the public thoroughfare or through the post, or through door-to-door distribution, any books, brochures, catalogues, prospectuses, images, films, sound or audio-visual recordings which are offensive to decency, without the prior consent of those to whom they are destined; by means of words, writings or any other communication media, disseminates or causes to be disseminated publicly materials inciting practices that are contrary to morality. Section 12 of Order No. 15/MTAS-FP, of 6 December 1958, prohibits the employment of children in the production, maintenance or sale of writings, printed texts, posters, drawings, engravings, paintings, signs, images and other objects of which the sale, offering, exhibition, posting or distribution are such as to harm morals or exercise an unworthy influence. Section 13 of the same Order provides that it is also prohibited to employ young persons in any type of work in premises in which those types of work are carried on. The Committee was concerned that the prohibition in section 12 of the Order does not adequately prohibit the procuring or offering of a child for the production of pornography. The Committee therefore requests the Government to indicate the measures adopted to secure the prohibition of this worst form of child labour for all persons (girls and boys) under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted the indication in the Government’s report that relevant texts are under preparation. It hopes that a text to prohibit the use, procuring or offering of young persons under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, will be adopted rapidly, in accordance with Article 3(c) of the Convention. It therefore requests the Government to provide a copy of such provisions once they have been adopted.

Clause (d). Types of hazardous work. The Committee noted that section 1 of Order No. 15/MTAS-FP, of 6 December 1958, respecting child labour, provides that in establishments of any nature, whether agricultural, commercial or industrial, public or private, lay or religious, even if those establishments are devoted to vocational training or welfare, including family enterprises or individual homes, it is prohibited to employ young persons of either sex under 18 years of age on work which exceeds their strength, presents risks of danger or which, by their nature or the circumstances in which they are carried out, are likely to harm their morals. Section 34 of the Order provides that children are subject to the care of the employer, a medical examination by the enterprise physician or, if none exists, an approved physician. The Committee also noted that the Order is currently under review. It therefore requests the Government to provide a copy of the new text once it has been adopted.

Self-employed workers. The Committee noted that, under the terms of sections 1 and 2, Ordinance No. 16 of 8 May 1974 issuing the Labour Code only governs individual and collective labour relations between employees and employers. The Committee noted that, under the terms of these provisions, the Labour Code does not apply to employment relations which are not derived from a contract, such as work by children on their own account. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of children engaged in a non-wage economic activity, such as work by children on their own account, against engagement in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee noted the information provided by the Government that the list of types of hazardous work is under preparation. The Committee also noted that the categories of work prohibited for young persons under 18 years of age are established by Order No. 15/MTAS-FP, of 6 December 1958, in Schedules A and B. The Committee further noted that section 2 of the above Order provides that in no case may children be employed on work carried on for more than eight hours a day. Section 3 provides that, in factories, manufacturing facilities, mines and quarries, worksites, workshops and their associated buildings, child workers and apprentices may not be employed in any form of night work between 10 o’clock in the evening and 5 o’clock in the morning. The Committee further noted that section 15 of the Order establishes the maximum weight of loads which may be carried, dragged or pushed by young persons under 18 years of age.

While noting this information, the Committee drew the Government’s attention to Article 4, paragraph 1, of the Convention, which provides that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, and in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of Recommendation No. 190 indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the list of hazardous types of work will be adopted rapidly and requests the Government to provide a copy once it has been adopted, after consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4, paragraph 1, of the Convention. When determining the hazardous types of work, the Committee hopes that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. The Committee noted the Government’s indication that the Government is still in the process of establishing or designating appropriate mechanisms to monitor implementation. However, it noted the establishment of a National Steering Committee for the Prohibition and Elimination of the Worst Forms of Child Labour. According to the Government’s report, this Committee is composed of the social partners, the public authorities and NGOs. It issues opinions on the action to be taken and evaluates the programmes of action proposed by other NGOs. The Committee further noted that section 143 of the Labour Code provides that inspectors of labour and labour laws must enforce the provisions issued in the field of labour. Section 144 of the Labour Code indicates that labour inspectors may at their own initiative inspect premises and conduct investigations. Section 150 of the Labour Code provides that inspectors may record, in reports that are presumed correct until proven to the contrary, infringements of labour law and regulations. They are empowered to refer matters directly to the competent judicial authorities. Section 151 of the Labour Code gives the labour inspectors wide powers to enter workplaces that are subject to inspection. The Committee requests the Government to provide information on the activities of the labour inspectorate, particularly through extracts of reports or documents, and to indicate whether other mechanisms have been established or designated to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted, according to the information provided by the Government, that a programme of action has been commenced with the assistance of the social partners for child porters, child domestic workers, child apprentice carpenters and mechanics. It also noted the Government’s indication concerning the existence of awareness-raising campaigns for community leaders and the managers of public services, a training programme for trade union confederations on combating child labour and a programme to reinforce the capacity of the labour inspection services. The Committee further noted the existence of a National Plan to Combat the Trafficking of Children, formulated by the Ministry of Social Affairs in March 1999. The objective of this Plan is to compile full information on the phenomenon, reinforce structures and mechanisms for concerted action to combat child labour and the trafficking of children, reduce risk factors in communities through awareness-raising among the families of the children concerned and introduce microfinance programmes.

The Committee further noted that Togo is participating in the ILO–IPEC LUTRENA Programme (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa), which covers nine countries: Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. The Committee requests the Government to continue providing information on the implementation of these programmes of action.

Article 7, paragraph 2. Effective and time-bound measures. (b) Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee noted that, according to the information provided by the Government in its report, various programmes of action have been commenced with the assistance of the social partners, in partnership with ILO–IPEC, to combat the exploitation of child porters, child domestic workers and child apprentice carpenters and mechanics. It noted that: 115 children out of 150 persons under 15 years of age have been removed from domestic work and reintegrated; 228 child porters aged between 9 and 14 years have been identified, of whom 111 children were enrolled in school for the year 2002-03; 114 apprentice mechanics, carpenters and welders between 8 and 17 years of age have been identified, and 69 master carpenters and mechanics trained in the regulations respecting child labour and the risks and dangers related to the work carried out.

The Committee noted, according to the information contained in the ILO–IPEC summary report of 2000 for the LUTRENA Programme against trafficking (page 13), that studies have shown that children from Togo are taken through Benin and Nigeria to Gabon. The Committee noted that, of 96 repatriated child victims of trafficking, 73 per cent were between 6 and 14 years of age, and 70 per cent were girls. It also noted that 76 per cent of the children questioned had dropped out of primary school, 46 per cent worked in trading and 31 per cent in the agricultural sector. However, the girls transported to Burkina Faso or Niger were all engaged as general helps in small restaurants. The Committee noted that, in the context of this programme, the social partners are in the process of compiling figures on the trafficking of children and that a data bank will be established with a view to raising the awareness of the population and improving understanding of this problem. The Committee requests the Government to provide information on the impact of the LUTRENA Programme in removing children from trafficking and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. The Committee noted that HIV/AIDS has consequences for orphans, who are at greater risk of being engaged in the worst forms of child labour. It noted, according to the information provided by the Government in the report submitted to the Committee on the Rights of the Child (CRC/C/65/Add.27, paragraph 45), that the incidence of HIV/AIDS is 5.9 per cent and that a national anti-AIDS programme has been established covering orphans, among other groups. The Committee requests the Government to provide information on the impact of this programme and of other effective and time-bound measures adopted to improve the situation of these children.

Clause (e). Taking account of the special situation of girls. The Committee noted the information provided by the Government that it grants girls partial or total exemption from school fees. The Committee noted that, according to UNICEF, 39 per cent of girls who are of school age do not currently attend school or drop out of school.

The Committee further noted, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2003 (CRC/C/65/Add.27, paragraph 55), that Decree No. 058/MENR/MEFP, of 3 November 2000, provides for lower school fees for girls than for boys in order to encourage parents to send their daughters to school. The Committee also noted that, through the Togo/UNICEF cooperation programme for 1997–2001, and the concerted action by various NGOs, the school enrolment rate for young girls has increased in certain provinces. The programme intends to set up nurseries so that girls do not have to look after younger sisters and brothers and to provide additional financial support to cover school fees and supplies. The Committee requests the Government to continue providing information on the effective and time-bound measures adopted and their impact on the prohibition and elimination of the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. 1. International cooperation. The Committee noted the Government’s indication in its report that it benefits from cooperation programmes and financial assistance from UNDP for the implementation of various measures to combat the worst forms of child labour and other aspects related to poverty. The Committee noted that Togo is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also noted that Togo ratified the Convention on the Rights of the Child in August 1990. The Committee further observed that a Poverty Reduction Strategy Paper (PRSP) has been forwarded to the National Assembly for examination and adoption. The Committee noted that this document identifies the elimination of child labour and the trafficking of children as components of a poverty reduction strategy through the implementation of multi-sectoral activities to reduce the socio-economic and cultural factors which cause the emergence of the worst forms of child labour. It requests the Government to continue providing information on the adoption of the PRSP and its impact, particularly on the elimination of the worst forms of child labour, and especially the trafficking of children.

2. Regional cooperation. The Committee noted that an extradition treaty was adopted in 1984 between the Republic of Benin, the Republic of Ghana, the Republic of Nigeria and the Republic of Togo to facilitate the return of child victims of trafficking and the extradition of traffickers. Under this agreement, the police in these countries exchange information on the trafficking of children on their territory and collaborate in their repatriation (LUTRENA report, 2000, page 39).

Togo also ratified the African Charter on the Rights and Welfare of the Child in 1998. The Committee further noted that in December 2001 an initial plan of action was developed in Dakar by the Member States of the Economic Community of West African States (ECOWAS), which include Togo. The Committee encourages the Government to continue to provide detailed information on enhanced international cooperation and/or assistance.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted the Government’s indication that the information requested is not yet available. It requests the Government, as soon as they become available, to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.

CMNT_TITLE

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

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee noted the Government’s indication that the respective legislative provisions are in the process of being prepared. It noted that in practice there is no provision in the current legislation prohibiting this worst form of child labour. However, it noted that section 78 of the Penal Code of 13 August 1980 penalizes any person who, against the will of the persons exercising parental authority, except upon the legitimate order of the public authority, abducts, misleads, removes or transfers a child from the place in which those exercising authority over the child have placed the child. It also noted that section 67 of the Penal Code penalizes any person engaged in practices likely to harm other persons.

The Committee noted that Togo prepared a preliminary draft of a Bill to define the trafficking of children on 23 January 2003. This draft text was adopted by the Secretary-General of the Government and will be submitted to the Council of Ministers of Justice, Labour and Social Affairs for signature before being examined by the Council of Ministers for approval. If it is approved by the Council of Ministers, the draft text will be submitted to the Legislative Assembly to be voted upon. The Committee also noted that a draft Children’s Code was forwarded to Parliament in 2002 and gave rise to the establishment, on 25 May 2002, of a National Commission for the Care and Social Integration of Child Victims of Trafficking.

The Committee reminded the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children, both for economic exploitation and for sexual exploitation, are considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore hopes that the Bill on the trafficking of children will be adopted soon and that it will be in conformity with the principles set out above. It requests the Government to provide a copy of the text once it has been adopted. The Committee also requests the Government to provide information on the application in practice of the sections of the Penal Code referred to above.

2. Forced or compulsory labour. The Committee noted the information provided by the Government in its third report under the International Covenant on Civil and Political Rights (CCPR/C/TGO/2001/3, paragraph 125), according to which a preliminary draft of the Code of Rights and Duties of the Child addresses some of the contemporary forms of slavery-like practices. For example, in the field of international adoption, section 89 of this preliminary draft stipulates that the competent Togolese authorities shall take all appropriate measures to ensure that the placement of Togolese children in other countries does not entail trafficking. Similarly, in its provisions concerning the protection of child victims against violence, the preliminary draft refers to the protection of children against sale, smuggling and trafficking (sections 646 and 647). The Committee also noted that the preliminary draft of the Code of Rights and Duties of the Child punishes any person who uses children for begging. The Committee requests the Government to indicate whether the preliminary draft of the Code has been adopted and, if so, to provide a copy of it. It also requests the Government to provide a copy of any other provision adopted to prohibit and eliminate slavery or practices similar to slavery, and forced labour of young persons under 18 years of age.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee noted that article 44 of the Constitution provides that all citizens have the duty to undertake national service under the conditions set out in the law. The Committee requests the Government to provide information on the age of recruitment to the armed forces and to provide a copy of the relevant legislative provisions.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee noted that, under section 89 of the Penal Code, any person is penalized who exhibits in public, produces or sells with a view to public exhibition objects, images, films, sound or audio-visual recordings, which are offensive to decency, and who distributes or causes to be distributed on the public thoroughfare or through the post, or through door-to-door distribution, any books, brochures, catalogues, prospectuses, images, films, sound or audio-visual recordings which are offensive to decency, without the prior consent of those to whom they are destined; by means of words, writings or any other communication media, disseminates or causes to be disseminated publicly materials inciting practices that are contrary to morality. Section 12 of Order No. 15/MTAS-FP, of 6 December 1958, prohibits the employment of children in the production, maintenance or sale of writings, printed texts, posters, drawings, engravings, paintings, signs, images and other objects of which the sale, offering, exhibition, posting or distribution are such as to harm morals or exercise an unworthy influence. Section 13 of the same Order provides that it is also prohibited to employ young persons in any type of work in premises in which those types of work are carried on. The Committee was concerned that the prohibition in section 12 of the Order does not adequately prohibit the procuring or offering of a child for the production of pornography. The Committee therefore requests the Government to indicate the measures adopted to secure the prohibition of this worst form of child labour for all persons (girls and boys) under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted the indication in the Government’s report that relevant texts are under preparation. It hopes that a text to prohibit the use, procuring or offering of young persons under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, will be adopted rapidly, in accordance with Article 3(c) of the Convention. It therefore requests the Government to provide a copy of such provisions once they have been adopted.

Clause (d)  Types of hazardous work. The Committee noted that section 1 of Order No. 15/MTAS-FP, of 6 December 1958, respecting child labour, provides that in establishments of any nature, whether agricultural, commercial or industrial, public or private, lay or religious, even if those establishments are devoted to vocational training or welfare, including family enterprises or individual homes, it is prohibited to employ young persons of either sex under 18 years of age on work which exceeds their strength, presents risks of danger or which, by their nature or the circumstances in which they are carried out, are likely to harm their morals. Section 34 of the Order provides that children are subject to the care of the employer, a medical examination by the enterprise physician or, if none exists, an approved physician. The Committee also noted that the Order is currently under review. It therefore requests the Government to provide a copy of the new text once it has been adopted.

Self-employed workers. The Committee noted that, under the terms of sections 1 and 2, Ordinance No. 16 of 8 May 1974 issuing the Labour Code only governs individual and collective labour relations between employees and employers. The Committee noted that, under the terms of these provisions, the Labour Code does not apply to employment relations which are not derived from a contract, such as work by children on their own account. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of children engaged in a non-wage economic activity, such as work by children on their own account, against engagement in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee noted the information provided by the Government that the list of types of hazardous work is under preparation. The Committee also noted that the categories of work prohibited for young persons under 18 years of age are established by Order No. 15/MTAS-FP, of 6 December 1958, in Schedules A and B. The Committee further noted that section 2 of the above Order provides that in no case may children be employed on work carried on for more than eight hours a day. Section 3 provides that, in factories, manufacturing facilities, mines and quarries, worksites, workshops and their associated buildings, child workers and apprentices may not be employed in any form of night work between 10 o’clock in the evening and 5 o’clock in the morning. The Committee further noted that section 15 of the Order establishes the maximum weight of loads which may be carried, dragged or pushed by young persons under 18 years of age.

While noting this information, the Committee drew the Government’s attention to Article 4, paragraph 1, of the Convention, which provides that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, and in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of Recommendation No. 190 indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the list of hazardous types of work will be adopted rapidly and requests the Government to provide a copy once it has been adopted, after consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4, paragraph 1, of the Convention. When determining the hazardous types of work, the Committee hopes that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. The Committee noted the Government’s indication that the Government is still in the process of establishing or designating appropriate mechanisms to monitor implementation. However, it noted the establishment of a National Steering Committee for the Prohibition and Elimination of the Worst Forms of Child Labour. According to the Government’s report, this Committee is composed of the social partners, the public authorities and NGOs. It issues opinions on the action to be taken and evaluates the programmes of action proposed by other NGOs. The Committee further noted that section 143 of the Labour Code provides that inspectors of labour and labour laws must enforce the provisions issued in the field of labour. Section 144 of the Labour Code indicates that labour inspectors may at their own initiative inspect premises and conduct investigations. Section 150 of the Labour Code provides that inspectors may record, in reports that are presumed correct until proven to the contrary, infringements of labour law and regulations. They are empowered to refer matters directly to the competent judicial authorities. Section 151 of the Labour Code gives the labour inspectors wide powers to enter workplaces that are subject to inspection. The Committee requests the Government to provide information on the activities of the labour inspectorate, particularly through extracts of reports or documents, and to indicate whether other mechanisms have been established or designated to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted, according to the information provided by the Government, that a programme of action has been commenced with the assistance of the social partners for child porters, child domestic workers, child apprentice carpenters and mechanics. It also noted the Government’s indication concerning the existence of awareness-raising campaigns for community leaders and the managers of public services, a training programme for trade union confederations on combating child labour and a programme to reinforce the capacity of the labour inspection services. The Committee further noted the existence of a National Plan to Combat the Trafficking of Children, formulated by the Ministry of Social Affairs in March 1999. The objective of this Plan is to compile full information on the phenomenon, reinforce structures and mechanisms for concerted action to combat child labour and the trafficking of children, reduce risk factors in communities through awareness-raising among the families of the children concerned and introduce microfinance programmes.

The Committee further noted that Togo is participating in the ILO/IPEC LUTRENA Programme (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa), which covers nine countries: Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. The Committee requests the Government to continue providing information on the implementation of these programmes of action.

Article 7, paragraph 2. Effective and time-bound measures. (b) Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee noted that, according to the information provided by the Government in its report, various programmes of action have been commenced with the assistance of the social partners, in partnership with ILO/IPEC, to combat the exploitation of child porters, child domestic workers and child apprentice carpenters and mechanics. It noted that: 115 children out of 150 persons under 15 years of age have been removed from domestic work and reintegrated; 228 child porters aged between 9 and 14 years have been identified, of whom 111 children were enrolled in school for the year 2002-03; 114 apprentice mechanics, carpenters and welders between 8 and 17 years of age have been identified, and 69 master carpenters and mechanics trained in the regulations respecting child labour and the risks and dangers related to the work carried out.

The Committee noted, according to the information contained in the ILO/IPEC summary report of 2000 for the LUTRENA Programme against trafficking (page 13), that studies have shown that children from Togo are taken through Benin and Nigeria to Gabon. The Committee noted that, of 96 repatriated child victims of trafficking, 73 per cent were between 6 and 14 years of age, and 70 per cent were girls. It also noted that 76 per cent of the children questioned had dropped out of primary school, 46 per cent worked in trading and 31 per cent in the agricultural sector. However, the girls transported to Burkina Faso or Niger were all engaged as general helps in small restaurants. The Committee noted that, in the context of this programme, the social partners are in the process of compiling figures on the trafficking of children and that a data bank will be established with a view to raising the awareness of the population and improving understanding of this problem. The Committee requests the Government to provide information on the impact of the LUTRENA Programme in removing children from trafficking and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. The Committee noted that HIV/AIDS has consequences for orphans, who are at greater risk of being engaged in the worst forms of child labour. It noted, according to the information provided by the Government in the report submitted to the Committee on the Rights of the Child (CRC/C/65/Add.27, paragraph 45), that the incidence of HIV/AIDS is 5.9 per cent and that a national anti-AIDS programme has been established covering orphans, among other groups. The Committee requests the Government to provide information on the impact of this programme and of other effective and time-bound measures adopted to improve the situation of these children.

Clause (e). Taking account of the special situation of girls. The Committee noted the information provided by the Government that it grants girls partial or total exemption from school fees. The Committee noted that, according to UNICEF, 39 per cent of girls who are of school age do not currently attend school or drop out of school.

The Committee further noted, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2003 (CRC/C/65/Add.27, paragraph 55), that Decree No. 058/MENR/MEFP, of 3 November 2000, provides for lower school fees for girls than for boys in order to encourage parents to send their daughters to school. The Committee also noted that, through the Togo/UNICEF cooperation programme for 1997–2001, and the concerted action by various NGOs, the school enrolment rate for young girls has increased in certain provinces. The programme intends to set up nurseries so that girls do not have to look after younger sisters and brothers and to provide additional financial support to cover school fees and supplies. The Committee requests the Government to continue providing information on the effective and time-bound measures adopted and their impact on the prohibition and elimination of the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. 1. International cooperation. The Committee noted the Government’s indication in its report that it benefits from cooperation programmes and financial assistance from UNDP for the implementation of various measures to combat the worst forms of child labour and other aspects related to poverty. The Committee noted that Togo is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also noted that Togo ratified the Convention on the Rights of the Child in August 1990. The Committee further observed that a Poverty Reduction Strategy Paper (PRSP) has been forwarded to the National Assembly for examination and adoption. The Committee noted that this document identifies the elimination of child labour and the trafficking of children as components of a poverty reduction strategy through the implementation of multi-sectoral activities to reduce the socio-economic and cultural factors which cause the emergence of the worst forms of child labour. It requests the Government to continue providing information on the adoption of the PRSP and its impact, particularly on the elimination of the worst forms of child labour, and especially the trafficking of children.

2. Regional cooperation. The Committee noted that an extradition treaty was adopted in 1984 between the Republic of Benin, the Republic of Ghana, the Republic of Nigeria and the Republic of Togo to facilitate the return of child victims of trafficking and the extradition of traffickers. Under this agreement, the police in these countries exchange information on the trafficking of children on their territory and collaborate in their repatriation (LUTRENA report, 2000, page 39).

Togo also ratified the African Charter on the Rights and Welfare of the Child in 1998. The Committee further noted that in December 2001 an initial plan of action was developed in Dakar by the Member States of the Economic Community of West African States (ECOWAS), which include Togo. The Committee encourages the Government to continue to provide detailed information on enhanced international cooperation and/or assistance.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted the Government’s indication that the information requested is not yet available. It requests the Government, as soon as they become available, to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.

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

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s indication that the respective legislative provisions are in the process of being prepared. It notes that in practice there is no provision in the current legislation prohibiting this worst form of child labour. However, it notes that section 78 of the Penal Code of 13 August 1980 penalizes any person who, against the will of the persons exercising parental authority, except upon the legitimate order of the public authority, abducts, misleads, removes or transfers a child from the place in which those exercising authority over the child have placed the child. It also notes that section 67 of the Penal Code penalizes any person engaged in practices likely to harm other persons.

The Committee notes that Togo prepared a preliminary draft of a Bill to define the trafficking of children on 23 January 2003. This draft text was adopted by the Secretary-General of the Government and will be submitted to the Council of Ministers of Justice, Labour and Social Affairs for signature before being examined by the Council of Ministers for approval. If it is approved by the Council of Ministers, the draft text will be submitted to the Legislative Assembly to be voted upon. The Committee also notes that a draft Children’s Code was forwarded to Parliament in 2002 and gave rise to the establishment, on 25 May 2002, of a National Commission for the Care and Social Integration of Child Victims of Trafficking.

The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children, both for economic exploitation and for sexual exploitation, are considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore hopes that the Bill on the trafficking of children will be adopted soon and that it will be in conformity with the principles set out above. It requests the Government to provide a copy of the text once it has been adopted. The Committee also requests the Government to provide information on the application in practice of the sections of the Penal Code referred to above.

2. Forced or compulsory labour. The Committee notes the information provided by the Government in its third report under the International Covenant on Civil and Political Rights (CCPR/C/TGO/2001/3, paragraph 125), according to which a preliminary draft of the Code of Rights and Duties of the Child addresses some of the contemporary forms of slavery-like practices. For example, in the field of international adoption, section 89 of this preliminary draft stipulates that the competent Togolese authorities shall take all appropriate measures to ensure that the placement of Togolese children in other countries does not entail trafficking. Similarly, in its provisions concerning the protection of child victims against violence, the preliminary draft refers to the protection of children against sale, smuggling and trafficking (sections 646 and 647). The Committee also notes that the preliminary draft of the Code of Rights and Duties of the Child punishes any person who uses children for begging. The Committee requests the Government to indicate whether the preliminary draft of the Code has been adopted and, if so, to provide a copy of it. It also requests the Government to provide a copy of any other provision adopted to prohibit and eliminate slavery or practices similar to slavery, and forced labour of young persons under 18 years of age.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that article 44 of the Constitution provides that all citizens have the duty to undertake national service under the conditions set out in the law. The Committee requests the Government to provide information on the age of recruitment to the armed forces and to provide a copy of the relevant legislative provisions.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, under section 89 of the Penal Code, any person is penalized who exhibits in public, produces or sells with a view to public exhibition objects, images, films, sound or audio-visual recordings, which are offensive to decency, and who distributes or causes to be distributed on the public thoroughfare or through the post, or through door-to-door distribution, any books, brochures, catalogues, prospectuses, images, films, sound or audio-visual recordings which are offensive to decency, without the prior consent of those to whom they are destined; by means of words, writings or any other communication media, disseminates or causes to be disseminated publicly materials inciting practices that are contrary to morality. Section 12 of Order No. 15/MTAS-FP, of 6 December 1958, prohibits the employment of children in the production, maintenance or sale of writings, printed texts, posters, drawings, engravings, paintings, signs, images and other objects of which the sale, offering, exhibition, posting or distribution are such as to harm morals or exercise an unworthy influence. Section 13 of the same Order provides that it is also prohibited to employ young persons in any type of work in premises in which those types of work are carried on. The Committee is concerned that the prohibition in section 12 of the Order does not adequately prohibit the procuring or offering of a child for the production of pornography. The Committee therefore requests the Government to indicate the measures adopted to secure the prohibition of this worst form of child labour for all persons (girls and boys) under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the indication in the Government’s report that relevant texts are under preparation. It hopes that a text to prohibit the use, procuring or offering of young persons under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, will be adopted rapidly, in accordance with Article 3(c) of the Convention. It therefore requests the Government to provide a copy of such provisions once they have been adopted.

Clause (d)  Types of hazardous work. The Committee notes that section 1 of Order No. 15/MTAS-FP, of 6 December 1958, respecting child labour, provides that in establishments of any nature, whether agricultural, commercial or industrial, public or private, lay or religious, even if those establishments are devoted to vocational training or welfare, including family enterprises or individual homes, it is prohibited to employ young persons of either sex under 18 years of age on work which exceeds their strength, presents risks of danger or which, by their nature or the circumstances in which they are carried out, are likely to harm their morals. Section 34 of the Order provides that children are subject to the care of the employer, a medical examination by the enterprise physician or, if none exists, an approved physician. The Committee also notes that the Order is currently under review. It therefore requests the Government to provide a copy of the new text once it has been adopted.

Self-employed workers. The Committee notes that, under the terms of sections 1 and 2, Ordinance No. 16 of 8 May 1974 issuing the Labour Code only governs individual and collective labour relations between employees and employers. The Committee notes that, under the terms of these provisions, the Labour Code does not apply to employment relations which are not derived from a contract, such as work by children on their own account. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of children engaged in a non-wage economic activity, such as work by children on their own account, against engagement in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes the information provided by the Government that the list of types of hazardous work is under preparation. The Committee also notes that the categories of work prohibited for young persons under 18 years of age are established by Order No. 15/MTAS-FP, of 6 December 1958, in Schedules A and B. The Committee further notes that section 2 of the above Order provides that in no case may children be employed on work carried on for more than eight hours a day. Section 3 provides that, in factories, manufacturing facilities, mines and quarries, worksites, workshops and their associated buildings, child workers and apprentices may not be employed in any form of night work between 10 o’clock in the evening and 5 o’clock in the morning. The Committee further notes that section 15 of the Order establishes the maximum weight of loads which may be carried, dragged or pushed by young persons under 18 years of age.

While noting this information, the Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, which provides that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, and in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of Recommendation No. 190 indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the list of hazardous types of work will be adopted rapidly and requests the Government to provide a copy once it has been adopted, after consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4, paragraph 1, of the Convention. When determining the hazardous types of work, the Committee hopes that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that the Government is still in the process of establishing or designating appropriate mechanisms to monitor implementation. However, it notes the establishment of a National Steering Committee for the Prohibition and Elimination of the Worst Forms of Child Labour. According to the Government’s report, this Committee is composed of the social partners, the public authorities and NGOs. It issues opinions on the action to be taken and evaluates the programmes of action proposed by other NGOs. The Committee further notes that section 143 of the Labour Code provides that inspectors of labour and labour laws must enforce the provisions issued in the field of labour. Section 144 of the Labour Code indicates that labour inspectors may at their own initiative inspect premises and conduct investigations. Section 150 of the Labour Code provides that inspectors may record, in reports that are presumed correct until proven to the contrary, infringements of labour law and regulations. They are empowered to refer matters directly to the competent judicial authorities. Section 151 of the Labour Code gives the labour inspectors wide powers to enter workplaces that are subject to inspection.

The Committee requests the Government to provide information on the activities of the labour inspectorate, particularly through extracts of reports or documents, and to indicate whether other mechanisms have been established or designated to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes, according to the information provided by the Government, that a programme of action has been commenced with the assistance of the social partners for child porters, child domestic workers, child apprentice carpenters and mechanics. It also notes the Government’s indication concerning the existence of awareness-raising campaigns for community leaders and the managers of public services, a training programme for trade union confederations on combating child labour and a programme to reinforce the capacity of the labour inspection services. The Committee further notes the existence of a National Plan to Combat the Trafficking of Children, formulated by the Ministry of Social Affairs in March 1999. The objective of this Plan is to compile full information on the phenomenon, reinforce structures and mechanisms for concerted action to combat child labour and the trafficking of children, reduce risk factors in communities through awareness-raising among the families of the children concerned and introduce microfinance programmes.

The Committee further notes that Togo is participating in the ILO/IPEC LUTRENA Programme (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa), which covers nine countries: Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. The Committee requests the Government to continue providing information on the implementation of these programmes of action.

Article 7, paragraph 2. Effective and time-bound measures. (b) Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee notes that, according to the information provided by the Government in its report, various programmes of action have been commenced with the assistance of the social partners, in partnership with ILO/IPEC, to combat the exploitation of child porters, child domestic workers and child apprentice carpenters and mechanics. It notes that: 115 children out of 150 persons under 15 years of age have been removed from domestic work and reintegrated; 228 child porters aged between 9 and 14 years have been identified, of whom 111 children were enrolled in school for the year 2002-03; 114 apprentice mechanics, carpenters and welders between 8 and 17 years of age have been identified, and 69 master carpenters and mechanics trained in the regulations respecting child labour and the risks and dangers related to the work carried out.

The Committee notes, according to the information contained in the ILO/IPEC summary report of 2000 for the LUTRENA Programme against trafficking (page 13), that studies have shown that children from Togo are taken through Benin and Nigeria to Gabon. The Committee notes that, of 96 repatriated child victims of trafficking, 73 per cent were between 6 and 14 years of age, and 70 per cent were girls. It also notes that 76 per cent of the children questioned had dropped out of primary school, 46 per cent worked in trading and 31 per cent in the agricultural sector. However, the girls transported to Burkina Faso or Niger were all engaged as general helps in small restaurants. The Committee notes that, in the context of this programme, the social partners are in the process of compiling figures on the trafficking of children and that a data bank will be established with a view to raising the awareness of the population and improving understanding of this problem. The Committee requests the Government to provide information on the impact of the LUTRENA Programme in removing children from trafficking and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that HIV/AIDS has consequences for orphans, who are at greater risk of being engaged in the worst forms of child labour. It notes, according to the information provided by the Government in the report submitted to the Committee on the Rights of the Child (CRC/C/65/Add.27, paragraph 45), that the incidence of HIV/AIDS is 5.9 per cent and that a national anti-AIDS programme has been established covering orphans, among other groups. The Committee requests the Government to provide information on the impact of this programme and of other effective and time-bound measures adopted to improve the situation of these children.

Clause (e). Taking account of the special situation of girls. The Committee notes the information provided by the Government that it grants girls partial or total exemption from school fees. The Committee notes that, according to UNICEF, 39 per cent of girls who are of school age do not currently attend school or drop out of school.

The Committee further notes, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2003 (CRC/C/65/Add.27, paragraph 55), that Decree No. 058/MENR/MEFP, of 3 November 2000, provides for lower school fees for girls than for boys in order to encourage parents to send their daughters to school. The Committee also notes that, through the Togo/UNICEF cooperation programme for 1997-2001, and the concerted action by various NGOs, the school enrolment rate for young girls has increased in certain provinces. The programme intends to set up nurseries so that girls do not have to look after younger sisters and brothers and to provide additional financial support to cover school fees and supplies.

The Committee requests the Government to continue providing information on the effective and time-bound measures adopted and their impact on the prohibition and elimination of the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. 1. International cooperation. The Committee notes the Government’s indication in its report that it benefits from cooperation programmes and financial assistance from UNDP for the implementation of various measures to combat the worst forms of child labour and other aspects related to poverty. The Committee notes that Togo is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that Togo ratified the Convention on the Rights of the Child in August 1990. The Committee further observes that a Poverty Reduction Strategy Paper (PRSP) has been forwarded to the National Assembly for examination and adoption. The Committee notes that this document identifies the elimination of child labour and the trafficking of children as components of a poverty reduction strategy through the implementation of multi-sectoral activities to reduce the socio-economic and cultural factors which cause the emergence of the worst forms of child labour. It requests the Government to continue providing information on the adoption of the PRSP and its impact, particularly on the elimination of the worst forms of child labour, and especially the trafficking of children.

2. Regional cooperation. The Committee notes that an extradition treaty was adopted in 1984 between the Republic of Benin, the Republic of Ghana, the Republic of Nigeria and the Republic of Togo to facilitate the return of child victims of trafficking and the extradition of traffickers. Under this agreement, the police in these countries exchange information on the trafficking of children on their territory and collaborate in their repatriation (LUTRENA report, 2000, page 39).

Togo also ratified the African Charter on the Rights and Welfare of the Child in 1998. The Committee further notes that in December 2001 an initial plan of action was developed in Dakar by the Member States of the Economic Community of West African States (ECOWAS), which include Togo.

The Committee encourages the Government to continue to provide detailed information on enhanced international cooperation and/or assistance.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the information requested is not yet available. It requests the Government, as soon as they become available, to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.

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

Article 1 of the Convention. Measures adopted to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government, according to which a Memorandum of Understanding (MOU) between ILO/IPEC and the Government was signed in 2001. It also notes that the Government has embarked upon a procedure of reviewing Order No. 15/MFPT, of 6 December 1958, respecting child labour, through the introduction of provisions covering additional worst forms of child labour. The Committee requests the Government to continue providing information on the measures adopted and to indicate the impact of these measures on the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s indication that the respective legislative provisions are in the process of being prepared. It notes that in practice there is no provision in the current legislation prohibiting this worst form of child labour. However, it notes that section 78 of the Penal Code of 13 August 1980 penalizes any person who, against the will of the persons exercising parental authority, except upon the legitimate order of the public authority, abducts, misleads, removes or transfers a child from the place in which those exercising authority over the child have placed the child. It also notes that section 67 of the Penal Code penalizes any person engaged in practices likely to harm other persons.

The Committee notes that Togo prepared a preliminary draft of a Bill to define the trafficking of children on 23 January 2003. This draft text was adopted by the Secretary-General of the Government and will be submitted to the Council of Ministers of Justice, Labour and Social Affairs for signature before being examined by the Council of Ministers for approval. If it is approved by the Council of Ministers, the draft text will be submitted to the Legislative Assembly to be voted upon. The Committee also notes that a draft Children’s Code was forwarded to Parliament in 2002 and gave rise to the establishment, on 25 May 2002, of a National Commission for the Care and Social Integration of Child Victims of Trafficking.

The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children, both for economic exploitation and for sexual exploitation, are considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore hopes that the Bill on the trafficking of children will be adopted soon and that it will be in conformity with the principles set out above. It requests the Government to provide a copy of the text once it has been adopted. The Committee also requests the Government to provide information on the application in practice of the sections of the Penal Code referred to above.

2. Forced or compulsory labour. The Committee notes the information provided by the Government in its third report under the International Covenant on Civil and Political Rights (CCPR/C/TGO/2001/3, paragraph 125), according to which a preliminary draft of the Code of Rights and Duties of the Child addresses some of the contemporary forms of slavery-like practices. For example, in the field of international adoption, section 89 of this preliminary draft stipulates that the competent Togolese authorities shall take all appropriate measures to ensure that the placement of Togolese children in other countries does not entail trafficking. Similarly, in its provisions concerning the protection of child victims against violence, the preliminary draft refers to the protection of children against sale, smuggling and trafficking (sections 646 and 647). The Committee also notes that the preliminary draft of the Code of Rights and Duties of the Child punishes any person who uses children for begging. The Committee requests the Government to indicate whether the preliminary draft of the Code has been adopted and, if so, to provide a copy of it. It also requests the Government to provide a copy of any other provision adopted to prohibit and eliminate slavery or practices similar to slavery, and forced labour of young persons under 18 years of age.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that article 44 of the Constitution provides that all citizens have the duty to undertake national service under the conditions set out in the law. The Committee requests the Government to provide information on the age of recruitment to the armed forces and to provide a copy of the relevant legislative provisions.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 92 of the Penal Code penalizes any person who, with a view to satisfying the passions of another, encourages or engages one or more persons in prostitution, by means of promises, gifts or threats, fraud or violence. Section 94 provides that the penalties are increased if: (1) the guilty party has encouraged or engaged young persons in prostitution; or (2) the guilty party has resorted to violence to introduce or maintain persons in prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, under section 89 of the Penal Code, any person is penalized who exhibits in public, produces or sells with a view to public exhibition objects, images, films, sound or audio-visual recordings, which are offensive to decency, and who distributes or causes to be distributed on the public thoroughfare or through the post, or through door-to-door distribution, any books, brochures, catalogues, prospectuses, images, films, sound or audio-visual recordings which are offensive to decency, without the prior consent of those to whom they are destined; by means of words, writings or any other communication media, disseminates or causes to be disseminated publicly materials inciting practices that are contrary to morality. Section 12 of Order No. 15/MTAS-FP, of 6 December 1958, prohibits the employment of children in the production, maintenance or sale of writings, printed texts, posters, drawings, engravings, paintings, signs, images and other objects of which the sale, offering, exhibition, posting or distribution are such as to harm morals or exercise an unworthy influence. Section 13 of the same Order provides that it is also prohibited to employ young persons in any type of work in premises in which those types of work are carried on. The Committee is concerned that the prohibition in section 12 of the Order does not adequately prohibit the procuring or offering of a child for the production of pornography. The Committee therefore requests the Government to indicate the measures adopted to secure the prohibition of this worst form of child labour for all persons (girls and boys) under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the indication in the Government’s report that relevant texts are under preparation. It hopes that a text to prohibit the use, procuring or offering of young persons under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, will be adopted rapidly, in accordance with Article 3(c) of the Convention. It therefore requests the Government to provide a copy of such provisions once they have been adopted.

Clause (d). Types of hazardous work. The Committee notes that section 1 of Order No. 15/MTAS-FP, of 6 December 1958, respecting child labour, provides that in establishments of any nature, whether agricultural, commercial or industrial, public or private, lay or religious, even if those establishments are devoted to vocational training or welfare, including family enterprises or individual homes, it is prohibited to employ young persons of either sex under 18 years of age on work which exceeds their strength, presents risks of danger or which, by their nature or the circumstances in which they are carried out, are likely to harm their morals. Section 34 of the Order provides that children are subject to the care of the employer, a medical examination by the enterprise physician or, if none exists, an approved physician. The Committee also notes that the Order is currently under review. It therefore requests the Government to provide a copy of the new text once it has been adopted.

Self-employed workers. The Committee notes that, under the terms of sections 1 and 2, Ordinance No. 16 of 8 May 1974 issuing the Labour Code only governs individual and collective labour relations between employees and employers. The Committee notes that, under the terms of these provisions, the Labour Code does not apply to employment relations which are not derived from a contract, such as work by children on their own account. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of children engaged in a non-wage economic activity, such as work by children on their own account, against engagement in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes the information provided by the Government that the list of types of hazardous work is under preparation. The Committee also notes that the categories of work prohibited for young persons under 18 years of age are established by Order No. 15/MTAS-FP, of 6 December 1958, in Schedules A and B. The Committee further notes that section 2 of the above Order provides that in no case may children be employed on work carried on for more than eight hours a day. Section 3 provides that, in factories, manufacturing facilities, mines and quarries, worksites, workshops and their associated buildings, child workers and apprentices may not be employed in any form of night work between 10 o’clock in the evening and 5 o’clock in the morning. The Committee further notes that section 15 of the Order establishes the maximum weight of loads which may be carried, dragged or pushed by young persons under 18 years of age.

While noting this information, the Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, which provides that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, and in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of Recommendation No. 190 indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the list of hazardous types of work will be adopted rapidly and requests the Government to provide a copy once it has been adopted, after consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4, paragraph 1, of the Convention. When determining the hazardous types of work, the Committee hopes that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that the Government is still in the process of establishing or designating appropriate mechanisms to monitor implementation. However, it notes the establishment of a National Steering Committee for the Prohibition and Elimination of the Worst Forms of Child Labour. According to the Government’s report, this Committee is composed of the social partners, the public authorities and NGOs. It issues opinions on the action to be taken and evaluates the programmes of action proposed by other NGOs. The Committee further notes that section 143 of the Labour Code provides that inspectors of labour and labour laws must enforce the provisions issued in the field of labour. Section 144 of the Labour Code indicates that labour inspectors may at their own initiative inspect premises and conduct investigations. Section 150 of the Labour Code provides that inspectors may record, in reports that are presumed correct until proven to the contrary, infringements of labour law and regulations. They are empowered to refer matters directly to the competent judicial authorities. Section 151 of the Labour Code gives the labour inspectors wide powers to enter workplaces that are subject to inspection.

The Committee requests the Government to provide information on the activities of the labour inspectorate, particularly through extracts of reports or documents, and to indicate whether other mechanisms have been established or designated to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes, according to the information provided by the Government, that a programme of action has been commenced with the assistance of the social partners for child porters, child domestic workers, child apprentice carpenters and mechanics. It also notes the Government’s indication concerning the existence of awareness-raising campaigns for community leaders and the managers of public services, a training programme for trade union confederations on combating child labour and a programme to reinforce the capacity of the labour inspection services. The Committee further notes the existence of a National Plan to Combat the Trafficking of Children, formulated by the Ministry of Social Affairs in March 1999. The objective of this Plan is to compile full information on the phenomenon, reinforce structures and mechanisms for concerted action to combat child labour and the trafficking of children, reduce risk factors in communities through awareness-raising among the families of the children concerned and introduce microfinance programmes.

The Committee further notes that Togo is participating in the ILO/IPEC LUTRENA Programme (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa), which covers nine countries: Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. The Committee requests the Government to continue providing information on the implementation of these programmes of action.

Article 7, paragraph 1. Penalties. The Committee notes that section 67 of the Penal Code establishes a penalty of between one and five years of imprisonment for any person who engages in practices likely to harm other persons. Section 78 of the Penal Code establishes a penalty of from one to five years of imprisonment for any person who, against the will of the persons exercising parental authority, abducts, misleads, removes or transfers a young person. The Committee also notes that section 89 of the Penal Code provides that a penalty of imprisonment of between six months and two years and a fine of between 20,000 and 200,000 francs, or only one of these two penalties, shall be imposed upon any person who: (1) engages publicly in the exhibition of her or his sexual organs or in any other act which is offensive to decency; (2) exhibits publicly, produces or sells with a view to public exhibition objects, images, films, sound or audio-visual recordings which are offensive to decency; (4) by means of words, writings or any other means of communication, disseminates or causes to be disseminated publicly material inciting to practices that are contrary to morality. Section 90 adds that the objects, images, films, books, brochures, catalogues, prospectuses, sound or audio-visual recordings covered by the previous section shall in any event be seized and confiscated with a view to their destruction. Furthermore, those guilty may be deprived for a period of five or more years of the right to publish, sell or reproduce printed documents, recordings, films or images. The Committee also notes that section 91 of the Penal Code establishes a fine of between 2,000 and 30,000 francs for any person of either sex who publicly engages in soliciting with a view to prostituting her or himself. It also observes that section 92 of the Penal Code establishes a penalty of between one and five years of imprisonment and a fine of between 100,000 and 1,000,000 francs for any person who, with a view to satisfying the desires of another person, encourages or engages one or more persons in prostitution, by means of promises, gifts, threats, fraud or violence. Section 93 of the Penal Code provides that any person shall be considered to be a procurer and liable to the penalties established in the previous section who: (1) knowingly lives with a person habitually engaged in prostitution; (2) being in habitual relations with one or more persons engaged habitually in prostitution, cannot provide justification of the resources corresponding to her or his lifestyle; (3) places premises at the disposal of persons engaged in prostitution; (4) as a manager or employee in a hotel establishment, habitually tolerates in the establishment the presence of persons engaged in prostitution. Section 94 of the Penal Code adds that the sentence of imprisonment may be increased to ten years where: (1) the guilty person has encouraged or engaged young persons in prostitution; and (2) the guilty person has made use of violence to introduce or maintain persons in prostitution. The Committee notes that section 13 of the Penal Code provides that accomplices to a crime or offence shall be liable to the same penalty as the principal perpetrator, unless the law provides otherwise.

Article 7, paragraph 2. Effective and time-bound measures. (a) Preventing the engagement of children in the worst forms of child labour. The Committee notes that article 35 of the Constitution of 1992 provides that the State recognizes the right of children to education and shall create favourable conditions for this purpose. Article 35(2) of the Constitution provides that school is compulsory for children of both sexes up to the age of 15, and paragraph 3 of the same article provides that the State shall progressively ensure that public education is free of charge. The Committee notes the Government’s statement that school fees are reduced at the beginning of each school year to allow the poorest categories to have access to education.

(b) Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee notes that, according to the information provided by the Government in its report, various programmes of action have been commenced with the assistance of the social partners, in partnership with ILO/IPEC, to combat the exploitation of child porters, child domestic workers and child apprentice carpenters and mechanics. It notes that: 115 children out of 150 persons under 15 years of age have been removed from domestic work and reintegrated; 228 child porters aged between 9 and 14 years have been identified, of whom 111 children were enrolled in school for the year 2002-03; 114 apprentice mechanics, carpenters and welders between 8 and 17 years of age have been identified, and 69 master carpenters and mechanics trained in the regulations respecting child labour and the risks and dangers related to the work carried out.

The Committee notes, according to the information contained in the ILO/IPEC summary report of 2000 for the LUTRENA Programme against trafficking (page 13), that studies have shown that children from Togo are taken through Benin and Nigeria to Gabon. The Committee notes that, of 96 repatriated child victims of trafficking, 73 per cent were between 6 and 14 years of age, and 70 per cent were girls. It also notes that 76 per cent of the children questioned had dropped out of primary school, 46 per cent worked in trading and 31 per cent in the agricultural sector. However, the girls transported to Burkina Faso or Niger were all engaged as general helps in small restaurants. The Committee notes that, in the context of this programme, the social partners are in the process of compiling figures on the trafficking of children and that a data bank will be established with a view to raising the awareness of the population and improving understanding of this problem. The Committee requests the Government to provide information on the impact of the LUTRENA Programme in removing children from trafficking and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that HIV/AIDS has consequences for orphans, who are at greater risk of being engaged in the worst forms of child labour. It notes, according to the information provided by the Government in the report submitted to the Committee on the Rights of the Child (CRC/C/65/Add.27, paragraph 45), that the incidence of HIV/AIDS is 5.9 per cent and that a national anti-AIDS programme has been established covering orphans, among other groups. The Committee requests the Government to provide information on the impact of this programme and of other effective and time-bound measures adopted to improve the situation of these children.

Clause (e). Taking account of the special situation of girls. The Committee notes the information provided by the Government that it grants girls partial or total exemption from school fees. The Committee notes that, according to UNICEF, 39 per cent of girls who are of school age do not currently attend school or drop out of school.

The Committee further notes, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2003 (CRC/C/65/Add.27, paragraph 55), that Decree No. 058/MENR/MEFP, of 3 November 2000, provides for lower school fees for girls than for boys in order to encourage parents to send their daughters to school. The Committee also notes that, through the Togo/UNICEF cooperation programme for 1997-2001, and the concerted action by various NGOs, the school enrolment rate for young girls has increased in certain provinces. The programme intends to set up nurseries so that girls do not have to look after younger sisters and brothers and to provide additional financial support to cover school fees and supplies.

The Committee requests the Government to continue providing information on the effective and time-bound measures adopted and their impact on the prohibition and elimination of the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the competent authorities responsible for the implementation of the provisions giving effect to the Committee are the ministry responsible for labour and the labour inspection services. The Committee notes that the Government, in collaboration with ILO/IPEC, has established a programme of action to provide institutional support to reinforce capacities of the labour inspectorate to intervene in the field of child labour. It notes that 20 labour inspectors and controllers have been trained in the various forms of child labour, international standards and national regulations on child labour, and that six regional labour inspectorates have been provided with equipment and means of transport.

The Committee requests the Government to provide information on the activities of the Ministry responsible for labour and the labour inspectorate and to indicate the appropriate mechanisms that have been established to enforce the implementation of the provisions of the Convention. It also requests the Government to indicate the results achieved by the ILO/IPEC programme of action to reinforce the capacities of the labour inspectorate and its impact on the elimination of the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. 1. International cooperation. The Committee notes the Government’s indication in its report that it benefits from cooperation programmes and financial assistance from UNDP for the implementation of various measures to combat the worst forms of child labour and other aspects related to poverty. The Committee notes that Togo is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that Togo ratified the Convention on the Rights of the Child in August 1990. The Committee further observes that a Poverty Reduction Strategy Paper (PRSP) has been forwarded to the National Assembly for examination and adoption. The Committee notes that this document identifies the elimination of child labour and the trafficking of children as components of a poverty reduction strategy through the implementation of multi-sectoral activities to reduce the socio-economic and cultural factors which cause the emergence of the worst forms of child labour. It requests the Government to continue providing information on the adoption of the PRSP and its impact, particularly on the elimination of the worst forms of child labour, and especially the trafficking of children.

2. Regional cooperation. The Committee notes that an extradition treaty was adopted in 1984 between the Republic of Benin, the Republic of Ghana, the Republic of Nigeria and the Republic of Togo to facilitate the return of child victims of trafficking and the extradition of traffickers. Under this agreement, the police in these countries exchange information on the trafficking of children on their territory and collaborate in their repatriation (LUTRENA report, 2000, page 39).

Togo also ratified the African Charter on the Rights and Welfare of the Child in 1998. The Committee further notes that in December 2001 an initial plan of action was developed in Dakar by the Member States of the Economic Community of West African States (ECOWAS), which include Togo.

The Committee encourages the Government to continue to provide detailed information on enhanced international cooperation and/or assistance.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the information requested is not yet available. It requests the Government, as soon as they become available, to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.

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The Committee notes the Government’s first and second reports. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Measures adopted to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government, according to which a Memorandum of Understanding (MOU) between ILO/IPEC and the Government was signed in 2001. It also notes that the Government has embarked upon a procedure of reviewing Order No. 15/MFPT, of 6 December 1958, respecting child labour, through the introduction of provisions covering additional worst forms of child labour. The Committee requests the Government to continue providing information on the measures adopted and to indicate the impact of these measures on the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s indication that the respective legislative provisions are in the process of being prepared. It notes that in practice there is no provision in the current legislation prohibiting this worst form of child labour. However, it notes that section 78 of the Penal Code of 13 August 1980 penalizes any person who, against the will of the persons exercising parental authority, except upon the legitimate order of the public authority, abducts, misleads, removes or transfers a child from the place in which those exercising authority over the child have placed the child. It also notes that section 67 of the Penal Code penalizes any person engaged in practices likely to harm other persons.

The Committee notes that Togo prepared a preliminary draft of a Bill to define the trafficking of children on 23 January 2003. This draft text was adopted by the Secretary-General of the Government and will be submitted to the Council of Ministers of Justice, Labour and Social Affairs for signature before being examined by the Council of Ministers for approval. If it is approved by the Council of Ministers, the draft text will be submitted to the Legislative Assembly to be voted upon. The Committee also notes that a draft Children’s Code was forwarded to Parliament in 2002 and gave rise to the establishment, on 25 May 2002, of a National Commission for the Care and Social Integration of Child Victims of Trafficking.

The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children, both for economic exploitation and for sexual exploitation, are considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies it shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore hopes that the Bill on the trafficking of children will be adopted soon and that it will be in conformity with the principles set out above. It requests the Government to provide a copy of the text once it has been adopted. The Committee also requests the Government to provide information on the application in practice of the sections of the Penal Code referred to above.

2. Forced or compulsory labour. The Committee notes the information provided by the Government in its third report under the International Covenant on Civil and Political Rights (CCPR/C/TGO/2001/3, paragraph 125), according to which a preliminary draft of the Code of Rights and Duties of the Child addresses some of the contemporary forms of slavery-like practices. For example, in the field of international adoption, section 89 of this preliminary draft stipulates that the competent Togolese authorities shall take all appropriate measures to ensure that the placement of Togolese children in other countries does not entail trafficking. Similarly, in its provisions concerning the protection of child victims against violence, the preliminary draft refers to the protection of children against sale, smuggling and trafficking (sections 646 and 647). The Committee also notes that the preliminary draft of the Code of Rights and Duties of the Child punishes any person who uses children for begging. The Committee requests the Government to indicate whether the preliminary draft of the Code has been adopted and, if so, to provide a copy of it. It also requests the Government to provide a copy of any other provision adopted to prohibit and eliminate slavery or practices similar to slavery, and forced labour of young persons under 18 years of age.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that article 44 of the Constitution provides that all citizens have the duty to undertake national service under the conditions set out in the law. The Committee requests the Government to provide information on the age of recruitment to the armed forces and to provide a copy of the relevant legislative provisions.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 92 of the Penal Code penalizes any person who, with a view to satisfying the passions of another, encourages or engages one or more persons in prostitution, by means of promises, gifts or threats, fraud or violence. Section 94 provides that the penalties are increased if: (1) the guilty party has encouraged or engaged young persons in prostitution; or (2) the guilty party has resorted to violence to introduce or maintain persons in prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, under section 89 of the Penal Code, any person is penalized who exhibits in public, produces or sells with a view to public exhibition objects, images, films, sound or audio-visual recordings, which are offensive to decency, and who distributes or causes to be distributed on the public thoroughfare or through the post, or through door-to-door distribution, any books, brochures, catalogues, prospectuses, images, films, sound or audio-visual recordings which are offensive to decency, without the prior consent of those to whom they are destined; by means of words, writings or any other communication media, disseminates or causes to be disseminated publicly materials inciting practices that are contrary to morality. Section 12 of Order No. 15/MTAS-FP, of 6 December 1958, prohibits the employment of children in the production, maintenance or sale of writings, printed texts, posters, drawings, engravings, paintings, signs, images and other objects of which the sale, offering, exhibition, posting or distribution are such as to harm morals or exercise an unworthy influence. Section 13 of the same Order provides that it is also prohibited to employ young persons in any type of work in premises in which those types of work are carried on. The Committee is concerned that the prohibition in section 12 of the Order does not adequately prohibit the procuring or offering of a child for the production of pornography. The Committee therefore requests the Government to indicate the measures adopted to secure the prohibition of this worst form of child labour for all persons (girls and boys) under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the indication in the Government’s report that relevant texts are under preparation. It hopes that a text to prohibit the use, procuring or offering of young persons under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, will be adopted rapidly, in accordance with Article 3(c) of the Convention. It therefore requests the Government to provide a copy of such provisions once they have been adopted.

Clause (d). Types of hazardous work. The Committee notes that section 1 of Order No. 15/MTAS-FP, of 6 December 1958, respecting child labour, provides that in establishments of any nature, whether agricultural, commercial or industrial, public or private, lay or religious, even if those establishments are devoted to vocational training or welfare, including family enterprises or individual homes, it is prohibited to employ young persons of either sex under 18 years of age on work which exceeds their strength, presents risks of danger or which, by their nature or the circumstances in which they are carried out, are likely to harm their morals. Section 34 of the Order provides that children are subject to the care of the employer, a medical examination by the enterprise physician or, if none exists, an approved physician. The Committee also notes that the Order is currently under review. It therefore requests the Government to provide a copy of the new text once it has been adopted.

Self-employed workers. The Committee notes that, under the terms of sections 1 and 2, Ordinance No. 16 of 8 May 1974 issuing the Labour Code only governs individual and collective labour relations between employees and employers. The Committee notes that, under the terms of these provisions, the Labour Code does not apply to employment relations which are not derived from a contract, such as work by children on their own account. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of children engaged in a non-wage economic activity, such as work by children on their own account, against engagement in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes the information provided by the Government that the list of types of hazardous work is under preparation. The Committee also notes that the categories of work prohibited for young persons under 18 years of age are established by Order No. 15/MTAS-FP, of 6 December 1958, in Schedules A and B. The Committee further notes that section 2 of the above Order provides that in no case may children be employed on work carried on for more than eight hours a day. Section 3 provides that, in factories, manufacturing facilities, mines and quarries, worksites, workshops and their associated buildings, child workers and apprentices may not be employed in any form of night work between 10 o’clock in the evening and 5 o’clock in the morning. The Committee further notes that section 15 of the Order establishes the maximum weight of loads which may be carried, dragged or pushed by young persons under 18 years of age.

While noting this information, the Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, which provides that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, and in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of Recommendation No. 190 indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the list of hazardous types of work will be adopted rapidly and requests the Government to provide a copy once it has been adopted, after consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4, paragraph 1, of the Convention. When determining the hazardous types of work, the Committee hopes that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that the Government is still in the process of establishing or designating appropriate mechanisms to monitor implementation. However, it notes the establishment of a National Steering Committee for the Prohibition and Elimination of the Worst Forms of Child Labour. According to the Government’s report, this Committee is composed of the social partners, the public authorities and NGOs. It issues opinions on the action to be taken and evaluates the programmes of action proposed by other NGOs. The Committee further notes that section 143 of the Labour Code provides that inspectors of labour and labour laws must enforce the provisions issued in the field of labour. Section 144 of the Labour Code indicates that labour inspectors may at their own initiative inspect premises and conduct investigations. Section 150 of the Labour Code provides that inspectors may record, in reports that are presumed correct until proven to the contrary, infringements of labour law and regulations. They are empowered to refer matters directly to the competent judicial authorities. Section 151 of the Labour Code gives the labour inspectors wide powers to enter workplaces that are subject to inspection.

The Committee requests the Government to provide information on the activities of the labour inspectorate, particularly through extracts of reports or documents, and to indicate whether other mechanisms have been established or designated to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes, according to the information provided by the Government, that a programme of action has been commenced with the assistance of the social partners for child porters, child domestic workers, child apprentice carpenters and mechanics. It also notes the Government’s indication concerning the existence of awareness-raising campaigns for community leaders and the managers of public services, a training programme for trade union confederations on combating child labour and a programme to reinforce the capacity of the labour inspection services. The Committee further notes the existence of a National Plan to Combat the Trafficking of Children, formulated by the Ministry of Social Affairs in March 1999. The objective of this Plan is to compile full information on the phenomenon, reinforce structures and mechanisms for concerted action to combat child labour and the trafficking of children, reduce risk factors in communities through awareness-raising among the families of the children concerned and introduce microfinance programmes.

The Committee further notes that Togo is participating in the ILO/IPEC LUTRENA Programme (Combating the Trafficking in Children for Labour Exploitation in West and Central Africa), which covers nine countries: Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. The Committee requests the Government to continue providing information on the implementation of these programmes of action.

Article 7, paragraph 1. Penalties. The Committee notes that section 67 of the Penal Code establishes a penalty of between one and five years of imprisonment for any person who engages in practices likely to harm other persons. Section 78 of the Penal Code establishes a penalty of from one to five years of imprisonment for any person who, against the will of the persons exercising parental authority, abducts, misleads, removes or transfers a young person. The Committee also notes that section 89 of the Penal Code provides that a penalty of imprisonment of between six months and two years and a fine of between 20,000 and 200,000 francs, or only one of these two penalties, shall be imposed upon any person who: (1) engages publicly in the exhibition of her or his sexual organs or in any other act which is offensive to decency; (2) exhibits publicly, produces or sells with a view to public exhibition objects, images, films, sound or audio-visual recordings which are offensive to decency; (4) by means of words, writings or any other means of communication, disseminates or causes to be disseminated publicly material inciting to practices that are contrary to morality. Section 90 adds that the objects, images, films, books, brochures, catalogues, prospectuses, sound or audio-visual recordings covered by the previous section shall in any event be seized and confiscated with a view to their destruction. Furthermore, those guilty may be deprived for a period of five or more years of the right to publish, sell or reproduce printed documents, recordings, films or images. The Committee also notes that section 91 of the Penal Code establishes a fine of between 2,000 and 30,000 francs for any person of either sex who publicly engages in soliciting with a view to prostituting her or himself. It also observes that section 92 of the Penal Code establishes a penalty of between one and five years of imprisonment and a fine of between 100,000 and 1,000,000 francs for any person who, with a view to satisfying the desires of another person, encourages or engages one or more persons in prostitution, by means of promises, gifts, threats, fraud or violence. Section 93 of the Penal Code provides that any person shall be considered to be a procurer and liable to the penalties established in the previous section who: (1) knowingly lives with a person habitually engaged in prostitution; (2) being in habitual relations with one or more persons engaged habitually in prostitution, cannot provide justification of the resources corresponding to her or his lifestyle; (3) places premises at the disposal of persons engaged in prostitution; (4) as a manager or employee in a hotel establishment, habitually tolerates in the establishment the presence of persons engaged in prostitution. Section 94 of the Penal Code adds that the sentence of imprisonment may be increased to ten years where: (1) the guilty person has encouraged or engaged young persons in prostitution; and (2) the guilty person has made use of violence to introduce or maintain persons in prostitution. The Committee notes that section 13 of the Penal Code provides that accomplices to a crime or offence shall be liable to the same penalty as the principal perpetrator, unless the law provides otherwise.

Article 7, paragraph 2. Effective and time-bound measures. (a) Preventing the engagement of children in the worst forms of child labour. The Committee notes that article 35 of the Constitution of 1992 provides that the State recognizes the right of children to education and shall create favourable conditions for this purpose. Article 35(2) of the Constitution provides that school is compulsory for children of both sexes up to the age of 15, and paragraph 3 of the same article provides that the State shall progressively ensure that public education is free of charge. The Committee notes the Government’s statement that school fees are reduced at the beginning of each school year to allow the poorest categories to have access to education.

(b) Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee notes that, according to the information provided by the Government in its report, various programmes of action have been commenced with the assistance of the social partners, in partnership with ILO/IPEC, to combat the exploitation of child porters, child domestic workers and child apprentice carpenters and mechanics. It notes that: 115 children out of 150 persons under 15 years of age have been removed from domestic work and reintegrated; 228 child porters aged between 9 and 14 years have been identified, of whom 111 children were enrolled in school for the year 2002-03; 114 apprentice mechanics, carpenters and welders between 8 and 17 years of age have been identified, and 69 master carpenters and mechanics trained in the regulations respecting child labour and the risks and dangers related to the work carried out.

The Committee notes, according to the information contained in the ILO/IPEC summary report of 2000 for the LUTRENA Programme against trafficking (page 13), that studies have shown that children from Togo are taken through Benin and Nigeria to Gabon. The Committee notes that, of 96 repatriated child victims of trafficking, 73 per cent were between 6 and 14 years of age, and 70 per cent were girls. It also notes that 76 per cent of the children questioned had dropped out of primary school, 46 per cent worked in trading and 31 per cent in the agricultural sector. However, the girls transported to Burkina Faso or Niger were all engaged as general helps in small restaurants. The Committee notes that, in the context of this programme, the social partners are in the process of compiling figures on the trafficking of children and that a data bank will be established with a view to raising the awareness of the population and improving understanding of this problem. The Committee requests the Government to provide information on the impact of the LUTRENA Programme in removing children from trafficking and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that HIV/AIDS has consequences for orphans, who are at greater risk of being engaged in the worst forms of child labour. It notes, according to the information provided by the Government in the report submitted to the Committee on the Rights of the Child (CRC/C/65/Add.27, paragraph 45), that the incidence of HIV/AIDS is 5.9 per cent and that a national anti-AIDS programme has been established covering orphans, among other groups. The Committee requests the Government to provide information on the impact of this programme and of other effective and time-bound measures adopted to improve the situation of these children.

Clause (e). Taking account of the special situation of girls. The Committee notes the information provided by the Government that it grants girls partial or total exemption from school fees. The Committee notes that, according to UNICEF, 39 per cent of girls who are of school age do not currently attend school or drop out of school.

The Committee further notes, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2003 (CRC/C/65/Add.27, paragraph 55), that Decree No. 058/MENR/MEFP, of 3 November 2000, provides for lower school fees for girls than for boys in order to encourage parents to send their daughters to school. The Committee also notes that, through the Togo/UNICEF cooperation programme for 1997-2001, and the concerted action by various NGOs, the school enrolment rate for young girls has increased in certain provinces. The programme intends to set up nurseries so that girls do not have to look after younger sisters and brothers and to provide additional financial support to cover school fees and supplies.

The Committee requests the Government to continue providing information on the effective and time-bound measures adopted and their impact on the prohibition and elimination of the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the competent authorities responsible for the implementation of the provisions giving effect to the Committee are the ministry responsible for labour and the labour inspection services. The Committee notes that the Government, in collaboration with ILO/IPEC, has established a programme of action to provide institutional support to reinforce capacities of the labour inspectorate to intervene in the field of child labour. It notes that 20 labour inspectors and controllers have been trained in the various forms of child labour, international standards and national regulations on child labour, and that six regional labour inspectorates have been provided with equipment and means of transport.

The Committee requests the Government to provide information on the activities of the Ministry responsible for labour and the labour inspectorate and to indicate the appropriate mechanisms that have been established to enforce the implementation of the provisions of the Convention. It also requests the Government to indicate the results achieved by the ILO/IPEC programme of action to reinforce the capacities of the labour inspectorate and its impact on the elimination of the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. 1. International cooperation. The Committee notes the Government’s indication in its report that it benefits from cooperation programmes and financial assistance from UNDP for the implementation of various measures to combat the worst forms of child labour and other aspects related to poverty. The Committee notes that Togo is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that Togo ratified the Convention on the Rights of the Child in August 1990. The Committee further observes that a Poverty Reduction Strategy Paper (PRSP) has been forwarded to the National Assembly for examination and adoption. The Committee notes that this document identifies the elimination of child labour and the trafficking of children as components of a poverty reduction strategy through the implementation of multi-sectoral activities to reduce the socio-economic and cultural factors which cause the emergence of the worst forms of child labour. It requests the Government to continue providing information on the adoption of the PRSP and its impact, particularly on the elimination of the worst forms of child labour, and especially the trafficking of children.

2. Regional cooperation. The Committee notes that an extradition treaty was adopted in 1984 between the Republic of Benin, the Republic of Ghana, the Republic of Nigeria and the Republic of Togo to facilitate the return of child victims of trafficking and the extradition of traffickers. Under this agreement, the police in these countries exchange information on the trafficking of children on their territory and collaborate in their repatriation (LUTRENA report, 2000, page 39).

Togo also ratified the African Charter on the Rights and Welfare of the Child in 1998. The Committee further notes that in December 2001 an initial plan of action was developed in Dakar by the Member States of the Economic Community of West African States (ECOWAS), which include Togo.

The Committee encourages the Government to continue to provide detailed information on enhanced international cooperation and/or assistance.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the information requested is not yet available. It requests the Government, as soon as they become available, to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.

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The Committee notes the Government’s first report. It observes that it is not a detailed report. The Committee recalls that, when the Government has to supply a first report, it must contain full particulars on each of the provisions of the Convention and on each question raised in the report form. The Committee would be grateful if the Government would supply a detailed report in 2003, in accordance with the report form.