Country Report on Human Rights Practices for 1991
TOGO
In 1991 rapidly escalating demands for political and economic
change dramatically altered Togo's political system. In power
for 24 years, Gnassingbe Eyadema was still President at the end
of the year but with greatly reduced de jure authority as the
National Conference, which met in July and August, installed a
new transitional Government, headed by Prime Minister Joseph
Kokou Koffigoh, with the objective of establishing a
democratic, multiparty system. The Conference's 971 members
were nominated by the Government, opposition political parties,
traditional elites, socioprofessional groups, and geographic
regions.
Among the Conference's many actions was the adoption of an
interim Constitution which established the Prime Minister as
Head of Government and in charge of the military. The
Constitution also incorporated many fundamental rights,
including freedom of speech, assembly, and association. It
placed ultimate power in a legislative body—the High Council
of the Republic—and created an independent judiciary. The
final delineation of powers between the President and Prime
Minister remained to be determined. The Conference set a
timetable for a constitutional referendum and presidential and
legislative elections for the period from February to June 1992.
The transition to a multiparty democratic system was thrown
into turmoil by actions of the military in October and again in
November and December. In October elements of the military,
including the Presidential Guard, occupied the radio station
and attempted to kidnap Prime Minister Koffigoh. At least
five, and probably more, civilians were killed in the first
takeover of the radio station on October 1. Following the
attack on the Prime Minister, unarmed civilian militias
attacked and looted the houses of supporters of President
Eyadema.
On November 28, elements of the Togolese army again took over
the radio station, surrounded the Prime Minister's office, and
randomly shot civilians. On December 3, after the troops
physically attacked his offices, the Prime Minister surrendered
and was taken unharmed to the President's residence. Many
Togolese believe that President Eyadema played a role in the
military uprisings, even though he denies it and worked on all
three occasions to restore calm.
Prime Minister Koffigoh announced and the High Council of the
Republic approved a 23-member government of national unity on
December 30. Thirteen members of the previous government were
retained, and three members of President Eyadema ' s former
government party, the Rassemblement du Peuple Togalaise (RPT),
were added along with two human rights advocates.
The state security apparatus—the armed forces, the National
Police (Surete), and the Gendarmerie—were called upon
fregTjently by the Eyadema Government in the first 6 months of
1991. The National Human Rights Commission (CNDH) estimated
that 100 people were killed and 1,000 injured in the 10 months
of demonstrations and strikes before the Conference began.
With rare exceptions, security forces respected orders given by
President Eyadema not to use live ammunition against
demonstrators but still used with deadly effect tear gas,
concussion grenades, and wooden clubs. Members of the Togolese
army are believed to be responsible for most of the deaths of
28 civilians whose bodies were recovered from a Lome lagoon in
April. Neighborhood militias, organized to counter possible
military action against the civilian population before the
National Conference, in some cases turned into vigilante groups
following the Conference in the absence of an effective police
presence. By the end of 1991, they were believed to have
killed in Lome as many as 30 persons suspected of theft and
other crimes.
Togo has an annual per capita gross domestic product of under
$500. Approximately 80 percent of its 3.4 million people are
engaged in subsistence agriculture, but Togo also has a lively
commercial sector. Togo's economy stagnated in 1990 and 1991
due to uncertainty over the political situation as well as
inadequate rainfall and declining terms of trade for its
principal exports, coffee, cocoa, and cotton.
The Eyadema regime committed serious human rights abuses as it
attempted to counter the rising public demands for change.
These abuses included the excessive use of force by security
forces, resulting in many deaths, and the harassment of
government critics. There were also abuses by those
demonstrating against the regime, including attacks on police
facilities and vehicles, individual policemen and soldiers, and
general destruction of property. The President gradually made
concessions to the opposing forces, notably in April with the
promulgation of a political party charter and a general amnesty
and subsequently in June by cooperating with the convening of
the National Conference. Following the announcement of the
political party charter, 22 parties were registered, and
several hundred political opponents of the Eyadema Government
returned to Togo. By midyear, Togo's human rights situation
had improved significantly with the installation of the
transitional Government and institution of a democratic interim
Constitution. The National Conference brought out the
extensive human rights violations committed in the past under
the Eyadema regime. For example, witnesses asserted that 109
persons had died from torture over a period of years in the
prison at D'Agombio. An important task facing the new
Government in 1992 will be to change the laws and practices
that permitted the previous extensive human rights abuses.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from;
a. Political and Other Extrajudicial Killing
There were no reports of political killing, but there were
numerous instances of extrajudicial killings. As demands for
political change and economic betterment escalated in 1991, the
number and severity of clashes between security forces and
opponents of the Government increased and spread throughout the
country. The most serious disturbances occurred in Lome, Keve,
Sokode, Tsevie, Atakpame, Kpalime, Aneho, Notse, Vogan, and
Dapaong. With the exception of President Eyadema ' s home
region, few areas of the country were left untouched by
violence. The CNDH informed the National Conference that 100
were killed and 1,000 injured in the disturbances which began
in October 1990 and continued through June 1991. The CNDH has
accounted for 74 of the deaths by name or cause of death.
Prior to November 1991, the security forces repeatedly used
excessive force in countering demonstrations for political
reform. In March the security forces disrupted the
opposition's first major rally and touched off violent
disturbances, in which at least two persons were killed,
including a policeman. Shots fired by Presidential Guard
members resulted in at least two deaths in Lome on April 5, and
another fatality in Keve during an April demonstration was
caused by nervous gendarmes firing into a hostile crowd.
Nearly all other casualties apparently occurred as a result of
beatings and the indiscriminate use of tear gas and concussion
grenades.
On April 11, following several days of violent clashes between
demonstrators and security forces, 28 bodies, including two
children and a pregnant woman, were recovered by local
residents from a lagoon in the Be section of Lome. Two
international human rights groups and an Eyadema governmentappointed
commission initiated inquiries, but had not reported
by year's end. The CNDH unanimously concluded that the army
was responsible for the deaths. Subsequently, two members of
the military publicly admitted their participation in the
deaths. According to the CNDH ' s report, security forces
clashed with government opponents forcing many people
(demonstrators and bystanders alike) off a narrow bridge into
the shallow lagoon. Deaths resulted from beatings, close-range
explosions of tear-gas and concussion grenades, and drowning.
Other deaths were attributed to beatings by security forces at
other locations in Lome with the corpses later deposited in the
lagoon. The President continues to deny any wrongdoing by the
military.
Violent clashes took place on the campuses of the University of
Benin and the Technical Lycee on March 12-14. Rival student
and ethnic groups clashed with each other and with security
forces. Traditional weapons—clubs, bows and arrows, and
machetes—were used in the melees which left at least 4
students dead and countless injured. On November 28, after
surrounding the office of the Prime Minister and taking over
the radio station, soldiers opened fire on civilians in various
neighborhoods of Lome. According to hospital reports, 19
civilians were killed and 54 seriously injured; there were
additional unreported casualties.
b. Disappearance
No disappearances were reported during 1991. Dindigoue Nayone,
reported missing after speaking out against the Government
during a May 1990 student union meeting, returned to Togo in
April from Chad. His welfare and whereabouts was an issue with
striking university students. His return was facilitated by
the French and Togolese Governments and the CNDH. He remained
in protective custody for several months after his return,
reportedly at his own request, but met frequently with
journalists and human rights activists.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There were no reported incidents of torture in 1991. However,
delegates to the National Conference, as well as witnesses
organized by the CNDH, presented extensive and detailed
accounts of torture administered during the past 24 years of
the Eyadema Government at military camps and prisons,
especially at Yade (Otadi), Mandouri, D'Agombio (Kaza), and
Mango. The majority of those tortured were held for political
offenses or on charges of sorcery. Witnesses asserted that 109
persons had died from torture during incarceration at
D'Agombio. Most, but not all, of the deaths appeared to have
occurred prior to 1986. Practices included beatings, forced
labor, sexual abuse, denial of food and water, drowning, and
exposure to poisonous insects and snakes. Punishment of
officials for human rights abuses under the Eyadema Government
was rare. The National Conference demanded that offenders be
held accountable, but no action had been taken by year's end.
Prison conditions remained very harsh in 1991 with serious
overcrowding and inadequate food and medical care.
d. Arbitrary Arrest, Detention, or Exile
Under current Togolese law, which has not yet been amended by
the new Government, persons arrested may be held incommunicado
without charge for 48 hours, with an additional 48-hour
extension if the case is deemed serious or complex. In
practice, most detentions conform to this provision. Although
persons accused of "political crimes," such as defaming the
President, may be arrested and detained without limit, such
action was not taken during 1991. Prefects (governors) have de
facto authority to order detention at will, a power which was
exercised in some areas against antigovernment demonstrators.
Security officers also have unrestricted arrest and detention
powers in cases involving national security.
Owing more to a shortage of qualified judicial personnel than
intent to evade required judicial procedures, a substantial
number of nonpolitical prisoners are held for long periods of
time—in some cases 6 months or more—before being brought to
trial.
The Eyadema Government frequently used, as a harassment
technique, both arbitrary arrest and intensive interrogation of
journalists and others (see Section 2.a.). For example, in
mid-January, Bassirou Ayeva, a journalist with the government
newspaper, representing Sokode citizens resident in Lome, sent
a letter to the independent newspapers explaining why his
organization believed that Sokode was underdeveloped. He was
held by gendarmes for about 48 hours for questioning, then
released.
A general amnesty covering political acts, a key opposition
demand, was promulgated on April 12. Several hundred opponents
of the Eyadema regime returned from self-imposed exile, some
with the cooperation of the CNDH, and many participated in the
National Conference. A government decision to arrest, under
defamation laws, Andoch Bonin, an outspoken Eyadema critic,
following his return under the amnesty was reversed after the
National Conference expressed its opposition, and after the
general public threatened civil unrest.
e. Denial of Fair Public Trial
Under Eyadema the judiciary was not independent of the
executive, and the President intervened repeatedly in the
judicial process (see Section 2.a.). The interim Constitution
declares the judicial system independent of the executive and
legislative branches. It remains, therefore, to be seen what
practical effect this constitutional provision will have for
the conduct of justice in Togo.
The judicial system employs both African traditional law and
the Napoleonic Code in trying criminal and civil cases. The
Supreme Court stands at the apex of the Napoleonic court
system. The criminal process begins with pretrial
investigation by a special judge who examines the adequacy of
the evidence and decides on bail. The number of judges is
inadequate, but the court system functions well for most
routine cases. Trials are open to the public, and judicial
procedures are respected. Defendants have the right to
counsel, and lower court decisions may be appealed to two
higher courts. In rural areas, the village chief or council of
elders may try minor criminal and civil cases. Those who
reject the traditional ruling may take their cases to the
regular court system, which is the starting point for cases in
urban areas.
Under statutes which remain in effect but unused, procedural
safeguards for fair trial are lacking in security and political
cases. Special courts handle cases related to public security
(State Security Court), embezzlement of public funds (Tribunal
for Recovery of Public Funds), and violent crimes (Court of
Assizes). The State Security Court has not convened in 6
years. Persons who embezzle large sums generally remain in
jail until the money is repaid.
Under the general amnesty, the Government released 19 persons
convicted of participation in the 1986 coup/invasion attempt.
Seven of the 19 had received death sentences and another 3 life
imprisonment. At the end of the year, there were no political
prisoners or detainees being held.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
In criminal cases, searches of private residences are
authorized by a judge or senior police official. In political
and national security cases, the security forces need no prior
authorization. In the months preceding the National
Conference, security forces routinely and randomly entered
residential compounds without search warrants. The new
Government has ended the former practice of opening mail and
monitoring telephones. During the transition, the police and
gendarmerie continue to maintain domestic intelligence
services, but they are no longer focused on the political
opposition. The transitional Government's efforts to eliminate
the domestic activities of military intelligence have not been
completely successful.
According to credible reports, members of the army in civilian
clothes set fire to the residence and automobiles of opposition
leader Yao Agboyibo on March 16 following the disturbances.
Mrs. Agboyibo was manhandled, but she and her children were
allowed to leave before the house was burned. A residence
belonging to opposition leader Edem Kodjo was burned on
December 3. No one was injured.
The practice since 1974 of requiring all persons to have
Togolese or Muslim first names in order to qualify for
government benefits was abandoned. Many people, including the
Prime Minister, have reverted to their Christian names.
Section 2 Respect for Civil Liberties, Including
a. Freedom of Speech and Press
While Togo achieved freedom of speech and of the press in 1991,
the military rebellion in November and December led to
harassment of the independent press. The independent press
expanded from two papers in early 1990 to approximately 26 at
the end of 1991. The majority were weekly or biweekly. In
all, over 30 independent newspapers appeared in 1991, but a
number suspended publication due to financial and market
realities. The two radio stations, one television station, and
one newspaper remain government owned.
In the official media, coverage of local political developments
became consideraJDly more balanced after the start of the
National Conference. Beginning in April, a weekly program
featured government representatives and leading members of the
opposition debating freely on government television. Radio and
television provided live coverage of almost all of the National
Conference proceedings.
Prior to midyear, the Eyadema Government took steps to limit
press freedom. In late 1990, the Government introduced a new
press code which covered all printed materials destined to be
distributed, sold, or rented, as well as records, audio and
video cassettes, photographs, and films. The code introduced
numerous fines and penalties for journalists, editors,
printers, and vendors if a published article was found by court
officials to be untrue or defaming.
While the Government presented the code as a long overdue
updating of French law, it was used twice in January, when
press articles were considered as antigovernment . In one case,
Koffi Kpe Homawoo, editor of Courrier du Golfe, was questioned
extensively about articles written about the army and the
government newspaper. The charges against him were dropped on
the day before the scheduled trial. A second editor, Komi
Gabriel Agah, of Forum Hebdo , was summoned for 2 days of
questioning about two series of articles, one alleging military
brutality and the second about underdevelopment in a regional
capital. That investigation was later suspended. Finally,
approximately 1,000 copies of Forum Hebdo were seized, without
the authorizations required by law, although additional copies
were distributed the next day with difficulty.
In early April, the Eyadema Government again used the new code,
to file charges against Kangni Foly, editor of La Parole, for
an editorial which discussed the President's distribution of
public funds. Charges were again dropped on the day before the
trial.
Uniformed men ransacked the offices of Forum Hebdo on December
9, following distribution of its postrebellion edition.
Employees were injured by the intruders and by their efforts to
escape the two-story building. Sidewalk vendors of the paper
were also reportedly harassed by the military.
Teachers and students were in the forefront of efforts to
expand freedom of association and expression as well as to
secure more general political reform. Concerns about academic
freedom were not central to campus protests. However, some
professors expressed reservations about university
self-censorship which developed as a result of disciplinary
actions against professors who in previous years addressed
human rights and other sensitive issues.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association, except for religious
purposes, was tightly controlled in pre-1991 Togo. Permits
were required for all nonreligious organizations and public
gatherings. Only one political party, the government-sponsored
Rass emblement du Peuple Togolais (RPT), was permitted. During
early 1991, various human rights activists and organizations,
without government authorization or challenge, held public
meetings to publicize their organizations and to educate the
public on various human rights topics.
Government control was further eroded by students who formed
action committees and organized strikes to press political and
campus reforms and by the formation of the Front of
Associations for Renewal (FAR). FAR was one of three umbrella
organizations of human rights organizations, political parties,
and student groups which negotiated with the Government prior
to the National Conference. Government attempts to prevent
FAR ' s first public rally on March 16 resulted in a violent
confrontation between the security forces and opponents of the
Government.
Following negotiations between FAR and the Government on March
18, which resulted in the legalization of political parties,
party meetings and scheduled public rallies were held without
government interference. Opposition groups held two large
public meetings in the government stadium in May and June, the
latter in the midst of a general strike, with the Government's
concurrence.
The National Conference ended the automatic membership of all
Togolese in the former government political party, disbanded
the party itself, and required that its assets be returned to
the State. When the party was reconstituted under the same
name but complying with the terms of the Political Party
Charter, it was banned by the High Council of the Republic. It
was this banning which led to ethnic violence and the military
rebellion against the transitional Government.
c. Freedom of Religion
The interim Constitution provides for religious freedom. It
remains unclear whether the transitional Government will
enforce existing statutes that require all religious groups to
qualify under one of seven categories lasted by the Ministry of
Interior. Upon obtaining Ministry permission, qualifying
groups are then unrestricted in their religious practices.
They may publish religious material, conduct services, and
teach their faith. Non-Togolese clergy are welcome to reside
in Togo, proselytize, and engage in other religious activities.
The Jehovah's Witnesses and several small apostolic/celestial
groups in the past have been denied official permission to
practice their beliefs. While this has prevented these groups
from publicized, open worship, in 1991 they continued to
practice their faith in private.
Local religious groups are free to maintain contacts with
coreligionists in other countries. There are no restrictions
on travel for religious purposes. All official religious
observances are ecumenical in nature, and the Government does
not favor any specific religion. Membership in authorized
religious groups has no bearing on civil service promotions.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Free movement (including domestic and foreign travel,
emigration, the right to change residence or workplace, and the
right to return to the country) is generally allowed. In the
past, in issuing passports and visas, the Government controlled
the emigration of professional Togolese and kept known
political dissidents under scrutiny. Since the advent of the
transitional Government, there has been a relaxation of these
controls.
The United Nations High Commissioner for Refugees (ITNHCR)
recognized some 433 refugees in Togo on June 30, 1991, although
the actual number is undoubtedly higher. In the past, the
Government kept a close watch on political refugees, and
refugees from countries with which Togo enjoys good relations
were reluctant to register with the UNHCR for fear that the
Togolese Government would provide their governments with
information about them.
Section 3 Respect for Political Rights: The Right of Citizens',
to Change Their Government
Although people did not use the electoral process, in 1991 they
changed their government from a one-party state to a multiparty
state under the transition Government. President Eyadema and
his party, the RPT, still remained forces on the scene, but
throughout the year they had to make concessions to growing
opposition forces supported by public opinion. This
transformation was accomplished after 10 months of
negotiations, strikes, large demonstrations, and street
violence. The National Conference's 971 members, nominated by
the Government, opposition political parties, traditional
elites, socioprofessional groups, and geographic regions,
adopted the interim Constitution, elected an interim Prime
Minister and Legislative Assembly, and scheduled a
constitutional referendum and legislative and presidential
elections for the period between February and June 1992.
The interim Constitution provides for basic political and human
rights, including freedoms of expression, assembly, speech, and
religion. A constitutional drafting committee was announced in
mid-October. It will write a new permanent constitution to be
submitted to the people. The political party charter enacted
in April after negotiations between the Government and
opposition forces also remains in effect. The interim
Constitution greatly reduces the power of the President,
transferring most of his previous powers to the transition
Prime Minister, who is Head of Government and head of the
military forces. The Legislative Assembly during this period
is responsible for implementation of the decisions of the
National Conference.
The role and loyalty of the military remained unclear at year's
end, but it generally supported the President throughout 1991.
The key cadres are from the President's northern region.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Eyadema Government in 1987 approved and facilitated the
establishment of the National Human Rights Commission (CNDH) to
investigate reports of human rights abuses. During 1991 the
CNDH acted virtually independently in investigating charges of
abuses by government agents, including the lagoon deaths and
other killings. It assisted in the return of Dindigoue Nayone
(see Section l.b.) and several former regime opponents under
the general amnesty. The CNDH also organized a presentation to
the National Conference to highlight human rights abuses during
the Eyadema regime.
Activists reported that during the CNDH ' s early years some
people were deterred from filing complaints by government
pressure or fear of harassment.
Other independent human rights organizations proliferated in
early 1991, both as human rights watchdogs and as
protopolitical parties before the adoption of the political
parties charter. International human rights organizations have
communicated directly with the CNDH and the Human Rights League
concerning individual cases.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Before President Eyadema took power in 1967, southern ethnic
groups dominated Togo. A northerner, President Eyadema made a
serious effort to integrate all ethnic groups into the
political structure. The important exception was the security
forces, which are still dominated by northern ethnic groups.
Commerce and the professions are the preserve of southerners.
Ethnic rivalries, dating from precolonial times, have been
exacerbated by the civil unrest of the preconf erence period and
by the subsequent lack of effective law enforcement. During
the spring, threats against northerners residing in both rural
and urban areas of the south resulted in some injuries,
particularly in the Kpalime area, and in the decision of large
numbers of northerners to return to their native area. In the
north, two small groups attacked one another in October,
leading to 28 deaths and over 100 serious injuries. There was
a report of ethnic violence at Aneho, near the border with
Benin. Much of the pro- and anti-Eyadema violence in October
also had an ethnic cast, as northerne^rs tended to support the
President while southerners led the fight against him. Most
political parties, except for the former government party, are
dominated by southerners.
Togolese women have formal equality with men under the law, and
women's economic and social rights are set forth in the Family
Code adopted in early 1980. While this Code guarantees various
women's rights, including maternity leave benefits, in
practice, women continue to be subjected to discrimination,
especially in education, pension benefits, and traditional
law. Far fewer women than men receive university education,
and the number of women graduates from secondary schools is
low. In the urban economic sphere, women dominate both local
market activities and commerce with Togo's neighbors, often
amassing considerable wealth in the process.
However, harsh economic conditions in rural areas leave women
with little time for anything other than taxing domestic and
agricultural field work. Unlike civil law, customary or
traditional law—which affects the vast majority of
women—discriminates against women, e.g., it gives all property
to the male in the event of separation or divorce. The new
Government has pledged that it will review and strengthen the
Family Code.
Women participated in the political changes through membership
in associations and political parties, teachers' unions, and
protest groups. Only 20 to 25 women were delegates to the
National Conference, and 5 are in the 79-member interim
Legislative Assembly. One woman has been appointed as a
minister in the transitional Government.
Violence against women, including wife beating, occurs, but its
extent is not known, as it rarely comes to public attention,
including in the press. Mechanisms exist within both the
traditional extended family and formal judicial structures for
redress, but the police rarely intervene in domestic violence
cases. Female circumcision is practiced by a few northern
ethnic groups but is gradually diminishing. While the
Government has undertaken a campaign to make women throughout
Togo aware of their expanded opportunities under the new Family
Code, it has not specifically addressed the issue of violence
against women or female circumcision. A government-sponsored
national women's organization publicized women's health,
educational, and welfare issues, and private groups have now
been formed to address similar concerns.
Section 6 Worker Rights
a. The Right of Association
Prior to 1991, the right of association was effectively limited
by the reguirement that all workers pay dues to the National
Confederation of Togolese Workers (CNTT), which was formerly
associated with the ruling party. This gave the CNTT a de
facto monopoly on the labor movement, although trade unions
could and did exist outside of the CNTT. In August the
National Conference suspended the automatic withholding of CNTT
dues for all workers, which had been criticized for years by
the International Labor Organization, and it froze CNTT '
s
assets. A number of trade unions left the CNTT, some of which
have affiliated with two new federations: The Labor Federation
of Togolese Workers (CSTT) and the National Union of
Independent Syndicates (UNSIT).
Strikes were cominonplace in 1991. Workers generally won
significant pay raises and other concessions. Many of the
strikes were in support of political reform. While some of the
strikes did not comply with applicable laws, the Government did
not prosecute strikers, although some people were convicted of
charges related to strike-related violence. They were later
pardoned.
The various federations and unions are free to associate with
international labor groups.
b. The Right to Organize and Bargain Collectively
The Labor Code guarantees workers the right to organize and
bargain collectively. The CNTT had a role in collective
bargaining when it was the de facto monopoly labor federation,
but it acted more as a spokesman for labor interests within the
Government and party than as an independent labor federation.
In 1991 the CNTT, as well as the newly created labor
federations and the independent unions, took more independent
negotiating stances. Collective bargaining took place in a
number of sectors throughout the year.
While the interim Constitution is silent on worker rights, the
1974 Labor Code prohibits antiunion discrimination.
A law allowing the establishment of export processing zones
(EPZs) was enacted in late 1989. A number of companies have
received EPZ status, and about a dozen have begun operations.
The EPZ law provides exemptions from some provisions of
Togolese labor law, notably the regulations on hiring and
firing workers. Employees of EPZ firms may not enjoy the same
protection against antiunion discrimination as do other workers.
c. Prohibition of Forced or Compulsory Labor
Although the law is silent on the question, forced or
compulsory labor does not exist.
d. Minimum Age for Employment of Children
The Labor Code prohibits the employment of children under the
age of 14 in any enterprise. Some types of industrial and
technical employment require a minimum age of 18. These age
requirements are generally enforced in the formal sector in
urban areas by inspectors from the Ministry of Labor. However,
in the urban informal sector and m rural areas even very young
children traditionally help their families.
e. Acceptable Conditions of Work
Minimum wages are set by the Government for different
categories. Workers cannot maintain a decent standard of
living at these wages and must often supplement their incomes
through second jobs or subsistence farming.
Labor practices are regulated by the Labor Code. The Code
stipulates that there should be equal pay for equal work
regardless of sex, and this provision is generally observed in
the formal sector. Working hours of all employees in any
enterprise, except for agricultural enterprises, must not
normally exceed 40 hours per week; at least one period of 24
hours of rest per week is compulsory; and workers must receive
30 days of paid leave each year. Enforcement is weak and these
provisions are not universally respected, however.
Health and safety standards in the workplace are determined by
a technical consulting committee in the Ministry of Labor,
which may levy penalties on employers who do not meet the
conditions. In practice, the Ministry's enforcement of the
various provisions of the Labor Code is limited. Larger
enterprises are required to provide medical services for their
employees and usually attempt to respect occupational health
and safety rules, but smaller firms often do not.
