Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 29) sur le travail forcé, 1930 - Togo (Ratification: 1960)

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Observation

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the adoption of Decree No. 2021-104/PR of 29 September 2021 on the establishment, mandate, structure and functioning of the National Committee against trafficking in persons (CNLTP), whose members were appointed by Interministerial Decree No. 004/MASPFA/MSPC/MIJ of 19 January 2022. The Committee notes that the CNLTP is responsible for coordinating prevention and support measures for combating trafficking in persons, drafting and implementing a national action plan to combat trafficking in persons, and collecting and centralizing all trafficking-related data and statistics. The Committee also notes the Government’s indication in its report that a number of capacity-building seminars have been organized for law enforcement authorities. Regarding protection and support for adult victims of trafficking, the Government indicates that it has: (1) mapped existing referral centres for minor victims, and urged these centres to review their terms of reference with a view to providing care for adult victims; (2) drafted a procedural manual for the care of victims; and (3) set up a fund to support adult victims. The Government adds that, in the 2022–23 period, nine cases of trafficking in persons were identified and 19 persons were arrested, prosecuted and charged for cases of trafficking. While welcoming the measures adopted by the Government, the Committee notes the low number of cases of trafficking identified and the lack of information on the penalties imposed on the perpetrators of trafficking.

The Committee encourages the Government to continue its efforts to combat trafficking in persons for both sexual and labour exploitation. The Committee requests the Government to continue to build the capacity of law enforcement authorities (police, labour inspectors and prosecutors) to better identify, investigate and prosecute cases of trafficking in order to punish the perpetrators. The Committee requests the Government to provide statistical data in this regard. Noting that the National Plan of Action to combat trafficking in persons has not been renewed since 2008, the Committee requests the Government to provide information on the activities of the National Committee against trafficking in persons, with a view to drafting a new plan of action on this issue, and on any available assessments of the outcomes achieved and the difficulties encountered in combating trafficking in persons. It also requests the Government to provide information on the number of victims of trafficking identified and the nature of the assistance and services provided.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court. 1. Prison labour. The Committee notes the Government’s indication that the ministerial decree to determine the working conditions of prisoners, in accordance with section 68 of the Penal Code, is still being drafted. The Government indicates, however, that prisoners cannot be required to work for private individuals, enterprises or associations. The Committee takes due note of this information and requests the Government to provide a copy of any laws or regulations governing the working conditions of prisoners and trusts that such laws or regulations will clearly establish that prisoners cannot be permitted to work for private individuals, enterprises or associations.

2. Sentences of community service. The Committee notes that sections 82 and 83 of the Penal Code allow a judge to hand down a sentence of community work as an alternative to imprisonment, where the accused is present and consents after being informed of his or her right to refuse the sentence. Community service is a sentence requiring the offender to work for a specified period, without receiving any remuneration, for the benefit either of a legal person governed by public law, or of a legal person governed by private law performing a public service function, or of an association authorized to undertake community work. Noting that section 83 of the Penal Code provides that a ministerial decree shall determine the arrangements for the organization and implementation of community service, the Committee requests the Government to indicate whether such a decree has been adopted and, if so, to provide a copy thereof. It also requests the Government to provide information on the arrangements for the application of community service, indicating the number and nature of private legal persons and associations authorized to receive persons sentenced to this penalty, as well as the types of work that may be required in this context.

Article (2)(d). Cases of emergency. Requisitioning powers. The Committee notes the adoption of the new Labour Code (Act No. 2021-012 of 18 June 2021) and, in particular, sections 327 and 328 of the Code, which allow the competent administrative authority to requisition, at any time, striking workers who hold jobs essential to the safety of persons and property, the maintenance of public order, or the satisfaction of the essential needs of the nation. Any requisitioned employee who fails to attend work is guilty of serious misconduct and liable to disciplinary action under the Labour Code, including lay-off or dismissal. The Committee notes that, according to section 327 of the Code, essential services include those “which relate to security, health, education, justice, prison administration, energy, water, State financial institutions, banks and financial establishments, air and maritime transport, and communications, with the exception of private radio and television stations”, a list which may be supplemented, if necessary, through the adoption of regulations. It notes that these provisions are included in Decree No. 2022-022/PR of 23 February 2022 on the representativeness of trade unions and the exercise of the right to strike in the Togolese Republic (sections 20 and 21). In this regard, the Committee refers to its Observation of 2022 on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it observed that some of these services cannot be considered essential within the strict sense of the term, that is their interruption would not endanger the life, personal safety or health of the whole or part of the population.

The Committee recalls that the requisition of workers, enforced by sanctions, is compatible with the Convention only in so far as it is necessary to cope with cases of force majeure within the strict sense of the term – namely, when the existence or well-being of the whole or part of the population is endangered – provided that the duration of the prohibition is limited to the period of immediate necessity (see the Committee’s 2012 General Survey on fundamental Conventions, paragraph 280). The Committee therefore requests the Government to provide information on the measures taken to ensure that the requisition of striking workers is strictly limited, in law and in practice, to services considered essential within the strict sense of the term, that is their interruption would not endanger the life, personal safety or health of the whole or part of the population. The Committee requests the Government to provide information on the application of sections 327 and 328 of the Labour Code and sections 20 and 21 of Decree No. 2022-022/PR in practice, indicating whether this power of requisition has ever been used and, if so, in what circumstances.