Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 2, paragraph 1, of the Convention. Trafficking in children. In its previous comments, the Committee noted the information concerning Togo contained in the summary report entitled "Combating trafficking in children for labour exploitation in West and Central Africa" (IPEC/ILO, 2001), prepared in the context of the subregional project to combat trafficking in children for labour exploitation in Africa of the International Programme on the Elimination of Child Labour (IPEC). In all nine of the countries in the region covered by the report, trafficking in children constitutes a national and transboundary phenomenon. The report indicates that Togo, which is a country of origin, transit and destination, has been engaged for a certain length of time in combating trafficking in children. The Committee noted in this context several measures taken by the Government: the drafting of a Bill establishing a minimum age for the placement of children and punishing their trafficking; the adoption of a national action plan in March 1999 by the Ministry of Social Affairs which, in January 1998, had issued a directive to the directors of regional social services on trafficking in children recommending concerted action with communities, associations and NGOs, and the establishment of special programmes to combat trafficking in children, including those undertaken in collaboration with the IPEC programme.

The Committee requested the Government to provide information on the results achieved following the adoption of the national action plan and the programmes to combat trafficking in children and on the legal proceedings instituted against those responsible for the trafficking in children and the penalties imposed.

The Committee notes that the Government has not provided information on this subject in its last two reports. However, it indicates that the study-survey on the elimination of obstacles to the application of fundamental labour principles and rights, launched by the Government and undertaken with ILO support, has revealed the existence of certain practices similar to forced labour and that these practices are expected to disappear progressively in view of the action taken in the context of the project to support the implementation of the ILO Declaration (PAMODEC). The Committee notes the indication in the study-survey that a significant number of children from rural areas of Togo are taken to urban centres to perform domestic work, act as porters in major markets, serve in bars (fufu-bars and dance halls) or for their sexual exploitation in Togo or abroad, mostly without an employment contract and against their will. The study also refers to the situation of children from Togo working in plantations in Côte d’Ivoire far from centres of habitation and therefore with no possibility of escaping from their owners. The Committee also notes a preliminary draft of a Bill defining the trafficking of children to be discussed by the Council of Ministers.

The Committee also notes that in its concluding observations on Togo, the United Nations Committee on Economic, Social and Cultural Rights notes with concern that trafficking in persons predominantly concerns children, who are sold as young as two years old for future work on plantations or as house servants. These children are allegedly exploited extensively, poorly fed, crudely clothed and inadequately cared for. While recognizing the efforts made by the Government to address the problem of the trafficking in children, such as conducting public-awareness campaigns and organizing a workshop for border police and other law enforcement officers on child trafficking trends and judicial remedies, the Committee on Economic, Social and Cultural Rights notes that the root causes of these problems have not been adequately addressed (E/C.12/1/Add. 61 of 21 May 2001).

The Committee also notes the recent report of the United Nations Commission on Crime Prevention and Criminal Justice (Report on the Twelfth Session, 13-22 May 2003, E/CN.15/2003/14). In a thematic discussion of "trafficking in human beings, especially women and children", Togo is cited as an example of effective action. The report states that "despite the relative lack of resources, Togo had established and equipped monitoring committees around the country, mounted awareness-raising campaigns and set up programmes to provide school supplies to children and economic support to mothers, aimed at reducing the incidence of trafficking in children."

The Committee recalls that trafficking in persons constitutes a grave violation of the Convention. In view of all the above information, it requests the Government to provide detailed information on the results achieved through the various measures adopted to combat trafficking in children and on any difficulties encountered in their implementation. The Committee would also be grateful if the Government would indicate whether new legislative measures have been adopted with a view to the repression of trafficking in children and whether legal action has been taken against those responsible for such acts, with an indication of the penalties imposed. The Committee recalls in this respect that, under the terms of Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and any Member ratifying the Convention is under the obligation to ensure that such penalties are really adequate and strictly enforced.

Finally, the Committee notes that Togo has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), which provides in Article 3, paragraph (a), that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour." The Committee draws the Government’s attention to the fact that the protection of children is reinforced by the fact that Convention No. 182 places the obligation on States which ratify it to 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 requests the Government to provide the information requested above in its report on the application of Convention No. 182.

The Committee is also addressing a request directly to the Government on other points.