Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. The Committee takes note of the communication dated 6 July 2006 received from the International Confederation of Free Trade Unions and the World Confederation of Labour, which contains observations concerning the work of children as domestic servants, as well as conditions of work of apprentices. The Committee notes that this communication was transmitted to the Government, on 20 July 2006, for such comments as might be considered appropriate. The Committee hopes that the Government will provide its comments on the matters raised in the abovementioned communication with its next report.

2. 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 following matters raised in its previous direct request:

The Committee has noted the Government’s indication that the draft Labour Code will prohibit forced or compulsory labour and will define the various forms of forced labour. The Committee hopes that this Labour Code will be adopted in the near future and requests the Government to provide a copy.

Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee noted that, under the terms of sections 22 and 26 of the Penal Code, the conditions of work and employment of persons convicted to a sentence of imprisonment (for a criminal act) or of detention (for an offence) shall be determined by decree issued on the basis of a report by the Minister of Justice. Furthermore, section 35 includes penal labour of “general interest” among the lesser penalties. 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. Noting that none of the texts envisaged under the Penal Code had been adopted, the Committee reminded the Government of the provisions of Article 2, paragraph 2(c), of the Convention under which, on the one hand, only persons convicted in a court of law may be subjected to compulsory labour and, on the other, such persons may not be hired to or placed at the disposal of private individuals, companies or associations within or outside prison establishments. The Government confirmed on that occasion that detainees who have not been convicted in a court of law are not obliged to perform any work, with the exception of the cleaning of their cell, and that no form of privatization of prison labour exists in Togo.

The Committee would be grateful if the Government could indicate whether sentences of penal labour of general interest (the penalty which may be imposed under section 34 of the Penal Code) have been imposed and, if so, to provide information on the manner in which these penalties are performed in practice. Please also provide copies of the implementing decrees envisaged under sections 22, 26 and 36 of the Penal Code when they are adopted.

Powers of requisitioning in the event of a strike. The Committee noted 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. The Government indicates in its report that it has not been possible to adopt texts regulating the right to requisition. The Committee requests the Government to provide information on any new developments in this respect. It would also be grateful if the Government would indicate whether use has been made of the power of requisitioning and, if so, in what circumstances.

Trafficking in persons. The Committee notes that in its concluding observations concerning Togo, the United Nations Committee on Economic, Social and Cultural Rights indicated that it was concerned that “trafficking in women for the purpose of forced prostitution and of non-consensual labour as domestic servants persists” (E/C.12/1/Add. 61 of 21 May 2001). Noting that the Government has not provided any information in reply to the Committee’s request for information in its general observation in 2000, the Committee requests it to refer to this general observation and to provide detailed information on the measures adopted with a view to preventing, repressing and punishing trafficking in persons for the purposes of exploitation and on the difficulties encountered by the public authorities in this respect.