Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C029

Observation

Direct Request

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Articles 1(1) and 2(2) of the Convention. 1. Trafficking in persons. Referring to its previous comments, the Committee had requested the Government to provide detailed information on the measures adopted with a view to preventing, suppressing and punishing trafficking in persons for the purposes of exploitation and on the difficulties encountered by the public authorities in that respect.

The Committee notes the Government’s indication in its latest report that it has reinforced its juridical framework in order to combat the trafficking of persons and that it has signed several agreements on the subject, notably the United Nations Convention against Transnational Organized Crime and its additional Protocol to Prevent, Suppress and Punish Trafficking in Persons, and the Multilateral Cooperation Agreement to Combat Trafficking in Persons, Especially Women and Children, in West and Central Africa, signed in July 2006, under which a plan of action was adopted in 2007. While noting this information, the Committee requests the Government to provide it with information on the steps taken, both in terms of legislation and in practice, to implement the various international and regional cooperation agreements it has signed in pursuit of its anti-trafficking policy.

2. Powers of requisitioning in the event of a strike. The Committee noted in previous comments that section 7 of the General Conditions of Service of Public Officials (Ordinance No. 1 of 4 January 1968) authorizes the Government to limit the exercise of the right to strike by public officials by means of collective or individual requisitions. It noted also the Government’s indication at the Conference Committee on the Application of Standards in June 2009; that no use had been made of the right to requisitioning and that a reform was envisaged in the General Conditions of Service of Public Officials which would cover the question of that right.

In its latest report, the Government indicated that the main texts governing public liberties and freedoms, including those dealing with the public service, were to be extensively revised under the programmes to reform and modernize the public service and to streamline the judicial system. The text containing the general statutes of the public service had, pending its adoption, already been examined twice by the Council of Ministers in 2011 and the Penal Code is in the process of revision. In addition, a study is to be carried out on the establishment of a list of essential services for which the Government will seek the support of the ILO.

The Committee notes further that, in its concluding observations, the Human Rights Committee of the United Nations had indicated that: “while it notes the State party’s assurances that legislative reforms are well advanced, namely the imminent adoption of the Criminal Code (…) the Committee notes with concern that the reforms were still at the planning stage, while the Committee had already made a recommendation on their implementation in its preceding concluding observations in 2002” (CCPR/C/TGO/CO/4, March–April 2011). Therefore, the Committee urges the Government to take the necessary steps to ensure that the legislation is duly amended on the subject of the power of requisitioning in the event of a strike, so as to bring it into line with the Convention.

Article 2(2)(c) of the Convention. Prison labour. Penal labour of general interest. In its previous comments, the Committee requested the Government to provide copies of the regulations issued under sections 22, 26 and 35 of the 1908 Penal Code, under which the conditions of work and employment of persons convicted to a sentence of imprisonment (for a criminal act) or of detention (for an offence) were to be determined by decree issued on the basis of a report by the Minister of Justice. The Committee also noted that section 35 includes penal labour of “general interest” among the lesser penalties and that the procedures for the employment and surveillance of persons sentenced to perform this type of work are also to be determined by order of the Minister of Justice.

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

In its latest report, the Government indicated that no penal labour of general interest had been ordered under section 35 of the Penal Code in 2011 and that copies of the regulations issued under sections 22, 26 and 35 of the Penal Code would be communicated to the Office once they had been adopted. While noting this information, the Committee requests the Government to provide information on the modalities of the application of this sentence in practice, when it is applied.

Referring to its comments under the Abolition of Forced Labour Convention, 1957 (No. 105), also ratified by the Government, the Committee notes the Government’s indication that the term “compulsory prison labour” was removed from the Criminal Code and gave way to optional work in prisons. The Committee therefore observes that prison labour is voluntary and is no longer compulsory. In this regard, the Committee requests the Government to provide a copy of the revised Penal Code, indicating the voluntary nature of work in prisons. The Committee also requests the Government to indicate whether within the framework process reform and modernization of the justice system, to which the Government referred during the Committee on the Application of Standards of the Conference in June 2009, regulations on the working conditions of prisoners are in the process of adoption.