Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Minimum Age Convention, 1973 (No. 138) - Togo (Ratification: 1984)

The Committee notes the adoption of Act No. 2006-010 of 13 December 2006 issuing the Labour Code (the Labour Code of 2006) which repeals the Labour Code of 8 May 1974, as well as the adoption of Order No. 1464/MTEFP/DGTLS of 12 November 2007 determining the types of work prohibited for children, which repeals Order No. 15/MTAS-FP of 6 December 1958.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. Further to its previous comments, the Committee notes the information provided by the Government to the effect that a national policy for the protection of children and a five-year strategic plan (2008–13) were prepared in 2008 to serve as a reference framework for the preparation and implementation of child protection programmes. Among the expected results at the halfway stage of the implementation of the five-year strategic plan, the Committee observes that it is envisaged that 25,000 children and their parents in situations of extreme vulnerability will benefit from support and social assistance measures, with the strengthening of the capacities of 40 social centres and 14 education, activation and training centres for underprivileged young persons outside the school system. It is also expected that by 2013 a total of 2,400 children at risk between the ages of 12–17 years will benefit from a national programme of training, integration and assistance for the commencement of occupational activities. The Committee further notes that the Government is currently participating in a project to combat child labour through education implemented with the support of ILO–IPEC. It notes from the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that various action programmes have been adopted in the context of this project, including the implementation of measures to prevent the use of children as porters and for the removal and reintegration of 625 child porters from the markets of the city of Lomé and the protection and integration into the school system of 200 children removed from domestic work in the city of Lomé, as well as strengthening the capacities of community structures for the removal and social reintegration of 1,800 children engaged in hazardous agricultural work. According to the technical progress report for the project of September 2010, a total of 3,063 children have been prevented from working through the provision of educational services and 719 children were removed from work between the months of March and August 2010.

While taking due note of the measures adopted by the Government for the abolition of child labour, the Committee notes that, according to UNICEF statistics for the years 1999–2008, 29 per cent of children between the ages of 5 and 14 years are engaged in work in Togo. According to the report of the quantitative survey undertaken in four economic regions of the country (Maritime, Plateau, Central and Lomé) in 2009–10 by the General Directorate of National Statistics and Accounting, which was attached to the Government’s report under Convention No. 182, children principally work in the agricultural sector, household work and the urban informal economy. Moreover, the majority of children working in these three sectors are between 5–14 years of age. Expressing its concern at the number of children who work and whose age is lower than the minimum age for admission to employment or work, the Committee requests the Government to continue its efforts to combat child labour, affording particular attention to children engaged in work in agriculture and the informal economy. It requests the Government to continue providing information on the number of children between the ages of 5–14 years who are prevented from prematurely entering the labour market and on the number of children removed from work in the context of the current action programmes.

Article 2(1). Scope of application. With reference to its previous comments, the Committee notes with satisfaction that section 150 of the Labour Code of 2006 provides that children under 15 years of age may not be employed in any enterprise or perform any type of work, even on their own account. The Committee requests the Government to provide information on the measures adopted or envisaged, including strengthening the capacities of the labour inspection services, with a view to ensuring the protection afforded by the Labour Code of 2006 to children who work on their own account or in the informal sector.

Minimum age for admission to employment or work. The Committee notes that, under section 150 of the Labour Code of 2006, the minimum age for admission to employment or work is set at 15 years, unless derogations are envisaged by order of the Minister responsible for labour. It notes the Government’s indication that, in accordance with section 150 of the Labour Code, an order derogating from the minimum age for admission to employment has been prepared and is awaiting approval by the National Council for Labour and Labour Laws, which includes membership by employers’ and workers’ organizations. The Committee requests the Government to provide additional information on the nature of the exceptions covered by the Order derogating from the application of section 150 of the Labour Code of 2006 and requests it to provide a copy of the Order as soon as possible.

Article 2(2). Raising the minimum age initially specified. The Committee notes that Togo initially specified a minimum age for admission to employment or work of 14 years when it ratified the Convention. It notes with interest that section 150 of the Labour Code of 2006 provides that, “subject to the provisions respecting apprenticeship, children of either sex may not be employed in any enterprise or perform any type of work, even on their own account, before the age of fifteen (15) years”. It draws the Government’s attention to the fact that Article 2(2) of the Convention envisages the possibility for a State which decides to raise the minimum age for admission to employment or work initially specified to notify the Director-General of the International Labour Office by a further declaration with a view to harmonizing the age established in the national legislation with that envisaged at the international level.

Article 2(3). Age of completion of compulsory schooling. With reference to its previous comments, the Committee notes that article 35 of the Constitution of 1992 provides that schooling is compulsory up to the age of 15 years, which coincides with the minimum age for admission to employment or work set out in section 150 of the Labour Code of 2006.

Article 3(1) and (2). Minimum age for admission to hazardous types of work and determination of such types of work. Further to its previous comments, the Committee notes that section 151(4) of the Labour Code of 2006 provides that children may not be assigned to types of work which are liable to harm their health, safety or morals. Furthermore, it notes with satisfaction that Order No. 1464/MTEFP/DGTLS of 12 November 2007 (Order No. 1464), adopted following consultation of the National Council for Labour and Labour Laws, determines the nature of the types of work prohibited for children under section 151(4) of the Labour Code of 2006 and that it contains in annex a list of the types of work on which it is prohibited to employ children under 18 years of age.

Article 3(3). Admission to hazardous work from the age of 16 years. Further to its previous comments, the Committee notes that certain provisions of Order No. 1464 authorize the employment of children from the age of 16 years on work likely to harm their health, safety or morals. For example, under section 9 of Order No. 1464, children may be engaged to operate vertical wheels, winches and pulleys from the age of 16 years, and section 11 authorizes the employment of young girls of 16 years of age on the external displays of shops and boutiques. The Committee also notes that section 12 authorizes children over 15 years of age to carry, drag or push loads of a weight of up to 140 kgs for boys of 15 years of age employed in transport by wheelbarrow. It also observes that no protection measures are envisaged relating to the performance of these types of work. The Committee reminds the Government that, under the terms of Article 3(3) of the Convention, national laws or regulations may, after consultation with employers’ and workers’ organizations, authorize the performance of hazardous types of work as from the age 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore requests the Government to provide information on the measures adopted to ensure that the conditions set out in Article 3(3) of the Convention are fully guaranteed for young persons between 16–18 years of age engaged in the types of work covered by Order No. 1464. It also requests the Government to take the necessary measures to ensure that the legislation is in conformity with the Convention by guaranteeing that in no case may the performance of hazardous types of work be authorized for children under 16 years of age.