Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Togo (Ratification: 2000)

Autre commentaire sur C182

Observation

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted the adoption of Act No. 2005-009 of 3 August 2005 concerning the trafficking of children (2005 Trafficking of Children Act), which places an effective prohibition on the sale and trafficking of children. However, the Committee notes the allegations from the International Trade Union Confederation (ITUC) to the effect that internal and international trafficking of children for domestic work exists in Togo.

The Committee notes the Government’s indication that efforts are continuing with a view to eliminating the trafficking of children in Togo. The Government indicates that in 2007 nine persons were prosecuted for the trafficking of children and six of them were convicted. In 2008, a total of 201 persons were prosecuted and 99 were convicted. In 2009, a total of 46 persons were prosecuted and 31 were convicted. Lastly, in 2010, a total of 51 persons were prosecuted and 40 were convicted. The Government also indicates that between January and August 2011 a total of 31 traffickers were arrested and imprisoned. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 8 March 2012 (CRC/C/TGO/CO/3-4, paragraph 71), expressed concern at the fact that children from poor and rural areas continue to be particularly vulnerable to trafficking inside and outside Togo for the purpose of domestic and agricultural work and sexual exploitation, and that the internal trafficking and sale of thousands of children, which often take place through the practice of confiage (placement of rural children with urban relatives mainly for domestic work) have been and continue to be largely ignored. The CRC also expressed concern at the fact that the prosecution of traffickers is rare and some traffickers obtain release owing to the corruption of state officials. When prosecuted, traffickers are usually given light sentences ranging from six months to two years in prison. While noting the measures taken by the Government to combat trafficking in children, the Committee again expresses its concern at the allegations of corruption of which some traffickers take advantage to evade justice and at the lenient sentences handed down for convictions. The Committee, therefore, urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of all persons who engage 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. The Committee urges the Government to provide information on the number of investigations conducted, prosecutions carried out and convictions obtained under the 2005 Trafficking of Children Act.

Clauses (a) and (d). Forced or compulsory labour and hazardous types of work. Child domestic work. The Committee previously noted 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 noted 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. However, the Committee noted the ITUC’s communication reporting that there are thousands of child domestic workers in Togo, the large majority of whom are girls, from poor and rural areas of the country, 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 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.

The Committee notes that the CRC, in its concluding observations of 8 March 2012 (CRC/C/TGO/CO/3-4, paragraph 65), expressed serious concern at the fact that children, especially girls as young as 9 years of age, employed as domestics work very long hours, without any rest days and for little or no remuneration, and are regularly subjected to verbal, physical and sexual abuse. The Committee again 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 again 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 must 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 again requests the Government to provide information on the application of the provisions relating to this worst form of child labour, including statistics on the number and nature of reported violations, investigations, prosecutions, convictions and criminal penalties imposed. As far as possible, all information provided should be disaggregated by sex and age.

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. 1. Sale and trafficking of children. In its previous comments the Committee noted that a National Commission for the Shelter and Social Reintegration of Child Victims of Trafficking (CNARSEVT) had been established in April 2002.

The Committee notes with interest the Government’s indication that the CNARSEVT was successful in identifying 281 child victims of trafficking (194 girls and 87 boys) between January and September 2011. Of the 281 children identified, 225 were intercepted before arrival at their destination and 53 were repatriated from Nigeria, Benin and Gabon (eight girls were repatriated from Gabon, 20 girls from Benin, and 22 girls and three boys from Nigeria). The Committee requests the Government to continue to provide information on the activities of the CNARSEVT and on the results achieved in terms of the number of child victims of trafficking who are repatriated, cared for and reintegrated.

2. Domestic work. The Committee notes that, in the context of the ILO–IPEC project to combat exploitative child labour through education in Togo (CECLET project), an action programme has been implemented for the protection and school enrolment of 200 girls withdrawn from domestic work in Lomé and the establishment of protection mechanisms for 300 girls at risk in the prefectures of Sotouboua-Blitta and Agou. As part of this action programme, 662 girls between 6 and 17 years of age have been enrolled in school. The Committee strongly encourages the Government to continue to take immediate and effective measures to remove child victims from domestic work, one of the worst forms of child labour, and requests it to continue to provide information on the number of children who have actually been removed from this worst form of child labour and socially rehabilitated.

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