In 2019, Togo made a minimal advancement in its efforts to eliminate the worst forms of child labor. The government signed a tripartite agreement with the Governments of Benin and Burkina Faso to increase cooperation on efforts to combat child trafficking. However, children in Togo engage in the worst forms of child labor in commercial sexual exploitation, sometimes as a result of human trafficking. Children also engage in child labor in domestic work. The government has not devoted sufficient resources to combat child labor, and labor inspectors are not authorized to assess penalties for child labor violations. Coordinating bodies to combat child labor were not active during the reporting period, and the government does not collect and publish data related to its efforts to enforce child labor laws.
Children in Togo engage in the worst forms of child labor in commercial sexual exploitation, sometimes as a result of human trafficking. Children also engage in child labor in domestic work. (1-7) Table 1 provides key indicators on children's work and education in Togo.
|
Children |
Age |
Percent |
|---|---|---|
|
Working (% and population) |
5 to 14 |
29.6 (2,131,395) |
|
Attending School (%) |
5 to 14 |
86.1 |
|
Combining Work and School (%) |
7 to 14 |
29.5 |
|
Primary Completion Rate (%) |
89.7 |
Source for primary completion rate: Data from 2018, published by UNESCO Institute for Statistics, 2020. (8)
Source for all other data: International Labor Organization's analysis of statistics from Demographic and Health Survey, 2013–2014. (9)
Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.
|
Sector/Industry |
Activity |
|---|---|
|
Agriculture |
Working in agriculture, including spraying pesticides (5,10) |
|
Production of charcoal† (10) |
|
|
Industry |
Working in quarries and sand mines, including excavating, crushing rocks, sifting gravel, and carrying heavy loads† (1,6,10-12) |
|
Working in tailoring (10) |
|
|
Construction (6,10,13) |
|
|
Services |
Domestic work† (1,2,4,5,10,12,13) |
|
Carrying heavy loads,† and small-scale vending in markets (9,10,14) |
|
|
Work as motorcycle repairmen (6,10,15,16) |
|
|
Garbage scavenging (6,10,15) |
|
|
Categorical Worst Forms of Child Labor‡ |
Forced begging (10,14,15) |
|
Commercial sexual exploitation, sometimes as a result of human trafficking (6,7,10,12,17) |
|
|
Forced labor in agriculture, including in coffee, cocoa, and cotton; domestic work; quarries; and markets, including carrying heavy loads; each sometimes as a result of human trafficking (2,14,17) |
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
Togo is a source and transit country for victims of human trafficking to neighboring countries, primarily for domestic work, work in agriculture, and commercial sexual exploitation. (2,4,18,19) Parents may be complicit in child trafficking as a result of confiage, which involves sending a child to a relative or friend to attend school in a larger town or city, a practice that may place children at risk of exploitation as a result of internal human trafficking. (3,7,10,13,19,20)
Although education is free and compulsory by law, parents must pay for associate fees, uniforms, and school supplies, which makes education prohibitively expensive for many families. (21-24) Research found that long distances to schools, as well as physical and sexual abuse in schools, also posed barriers to education for some children. (7,21,23-27)
Togo has ratified all key international conventions concerning child labor (Table 3).
|
Convention |
Ratification |
|---|---|
|
ILO C. 138, Minimum Age |
✓ |
|
ILO C. 182, Worst Forms of Child Labor |
✓ |
|
UN CRC |
✓ |
|
UN CRC Optional Protocol on Armed Conflict |
✓ |
|
UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography |
✓ |
|
Palermo Protocol on Trafficking in Persons |
✓ |
The government's laws and regulations are in line with relevant international standards (Table 4).
|
Standard |
Meets International Standards |
Age |
Legislation |
|---|---|---|---|
|
Minimum Age for Work |
Yes |
15 |
Article 150 of the Labor Code; Article 262 of the Children's Code; Article 881.1a of the Penal Code (28-30) |
|
Minimum Age for Hazardous Work |
Yes |
18 |
Article 151 of the Labor Code; Articles 6–12 of Ministerial Order No. 1464 Determining the Work Prohibited to Children (28,31) |
|
Identification of Hazardous Occupations or Activities Prohibited for Children |
Yes |
Articles 6–12 of Ministerial Order No. 1464 Determining the Work Prohibited to Children; Articles 263–264 of the Children's Code; Articles 319.9 and 882 of the Penal Code; Article 151 of the Labor Code (28-31) |
|
|
Prohibition of Forced Labor |
Yes |
Articles 4 and 151 of the Labor Code; Articles 264 and 411 of the Children's Code; Articles 150.3 and 151 of the Penal Code (28-30) |
|
|
Prohibition of Child Trafficking |
Yes |
Article 151 of the Labor Code; Articles 2–6 of Law No. 2005-009 Suppressing Child Trafficking in Togo; Articles 264 and 411–414 of the Children's Code; Articles 150.3, 151, 317–323, and 882 of the Penal Code (28-30,32) |
|
|
Prohibition of Commercial Sexual Exploitation of Children |
Yes |
Article 151 of the Labor Code; Articles 264, 276.f, and 387–390 of the Children's Code; Article 224 of the Penal Code (28-30) |
|
|
Prohibition of Using Children in Illicit Activities |
Yes |
Article 151 of the Labor Code; Articles 264, 276.i, and 405 of the Children's Code; Articles 317.7, 319.9, and 329.8 of the Penal Code (28-30) |
|
|
Minimum Age for Voluntary State Military Recruitment |
Yes |
18 |
Article 426 of the Children's Code; Article 42 of Law No. 2007-010 Regarding the General Statute of the Togolese Armed Forces (29,33) |
|
Prohibition of Compulsory Recruitment of Children by (State) Military |
Yes* |
Article 426 of the Children's Code; Articles 146.14, 147.11, and 342 of the Penal Code (29,30) |
|
|
Prohibition of Military Recruitment by Non-state Armed Groups |
Yes |
Article 426 of the Children's Code; Articles 146.14, 147.11, and 342 of the Penal Code (29,30) |
|
|
Compulsory Education Age |
Yes |
15 |
Article 35 of the Constitution; Article 255 of the Children's Code (29,34) |
|
Free Public Education |
Yes |
Article 35 of the Constitution (34) |
* No conscription (33)
The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the authority of the Ministry of Civil Service, Labor, and Administrative Reform (MOL) that may hinder adequate enforcement of their child labor laws.
|
Organization/Agency |
Role |
|---|---|
|
Ministry of Civil Service, Labor, and Administrative Reform (MOL) |
Enforces all labor laws, including child labor laws. (13,24) Through its Unit to Combat Child Labor (CNLTE), withdraws children from child labor situations, raises awareness, and collects data. (35) |
|
Ministry of Justice and Government Relations |
Enforces criminal laws related to the worst forms of child labor and prosecutes violators. (35) |
|
Ministry of Social Action, Promotion of Women and Literacy (MASPFA), Director General for the Protection of Children |
Raises awareness of child labor issues, enforces laws against the worst forms of child labor, provides technical assistance, and leads government efforts to combat human trafficking. (13,16,36) Supports a network of 42 foster families in 4 regional capitals. (37) Operates the Allo 1011 hotline for reporting child abuse, including child trafficking. (13,17,37,38) In 2019, Allo 1011 received 13,769 calls, 187 of which were related to child trafficking or economic exploitation. (10) |
|
Ministry of Security's Division of Drugs, Morals, and Pimping |
Investigates crimes involving child victims, including child trafficking. Operates as part of the National Police in all five regions of Togo. (39) |
Labor Law Enforcement
In 2019, labor law enforcement agencies in Togo took actions to combat child labor (Table 6). However, gaps exist within the authority of MOL that may hinder adequate labor law enforcement, including the authority to assess penalties.
|
Overview of Labor Law Enforcement |
2018 |
2019 |
|---|---|---|
|
Labor Inspectorate Funding |
$77,193 (35) |
$71,851 (10) |
|
Number of Labor Inspectors |
131 (35) |
128 (10) |
|
Inspectorate Authorized to Assess Penalties |
No (28) |
No (10) |
|
Initial Training for New Labor Inspectors |
Yes (37) |
Yes (10) |
|
Training on New Laws Related to Child Labor |
N/A |
N/A (10) |
|
Refresher Courses Provided |
Unknown |
Yes (10) |
|
Number of Labor Inspections Conducted |
385 (35) |
Unknown (10) |
|
Number Conducted at Worksite |
385 (35) |
Unknown (10) |
|
Number of Child Labor Violations Found |
Unknown (35) |
716 (40) |
|
Number of Child Labor Violations for Which Penalties Were Imposed |
Unknown (35) |
Unknown (10) |
|
Number of Child Labor Penalties Imposed that Were Collected |
Unknown(35) |
Unknown (10) |
|
Routine Inspections Conducted |
Yes (35) |
Yes (10) |
|
Routine Inspections Targeted |
Unknown (35) |
Unknown (10) |
|
Unannounced Inspections Permitted |
Yes (28) |
Yes (10) |
|
Unannounced Inspections Conducted |
Yes (35) |
Yes (10) |
|
Complaint Mechanism Exists |
Yes (37) |
Yes (10) |
|
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services |
Yes (37) |
Yes (10) |
In addition to the 128 labor inspectors, MOL employs 60 tax and health inspectors who may report labor infractions, but none of these inspectors are authorized to assess penalties. (10) MOL lacks sufficient resources for transportation, which may hinder its ability to conduct investigations. (10,24) In addition, the Labor Code makes labor inspectors responsible for reconciliation and arbitration in collective disputes, which may detract from their primary duties of conducting inspections and enforcing the Labor Code. (28,41) Togo allocated fewer resources to labor enforcement than the previous year. (10) Routine inspections were conducted, however the majority of child labor occurs in the informal sector, where inspectors are legally allowed to inspect, but rarely do. (10,28)
Criminal Law Enforcement
Research did not find information on whether criminal law enforcement agencies in Togo took actions to combat child labor.
|
Overview of Criminal Law Enforcement |
2018 |
2019 |
|---|---|---|
|
Initial Training for New Criminal Investigators |
Yes (37) |
Yes (10) |
|
Training on New Laws Related to the Worst Forms of Child Labor |
N/A (35) |
N/A |
|
Refresher Courses Provided |
Yes (20) |
Unknown (10) |
|
Number of Investigations |
Unknown (35) |
Unknown (10) |
|
Number of Violations Found |
118 (20) |
Unknown (10) |
|
Number of Prosecutions Initiated |
Unknown (35) |
Unknown (10) |
|
Number of Convictions |
Unknown (35) |
Unknown (10) |
|
Imposed Penalties for Violations Related to The Worst Forms of Child Labor |
Unknown (35) |
Unknown (10) |
|
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services |
Yes (37) |
Yes (10) |
Investigators lacked the resources to adequately enforce the law. Research also indicates that poor record keeping, a shortage of physical copies of existing child labor laws throughout the country, and high investigator turnover result in gaps in knowledge and enforcement capacity. (10) Cases involving child trafficking may be settled outside of court due to difficulties gathering evidence. Additionally, judges may be reluctant to impose fines or prison sentences in cases in which parents are involved due to a fear of perpetuating the poverty that originally led them to violate child trafficking laws. (14)
The Ministry of Labor confirmed that they did not send any cases to the Ministry of Justice to investigate in 2019. This is why there are no investigations or convictions. (40) The Ministry of Labor settles cases with mediation rather than bringing criminal charges, and in 2019 all cases were resolved by mediation. (40)
The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including funding constraints.
|
Coordinating Body |
Role & Description |
|---|---|
|
National Steering Committee for the Prohibition and Elimination of the Worst Forms of Child Labor |
Coordinating government body for child labor issues. Comprises representatives from 17 ministries and NGOs; the Ministry of Civil Service, Labor, and Administrative Reform's Unit to Combat Child Labor serves as the permanent secretariat. (10) Operates at the community level. (10,15) |
|
Local Vigilance Committees (LVCs) |
Aim to address the worst forms of child labor, and are overseen by the National Steering Committee for the Prohibition and Elimination of the Worst Forms of Child Labor and composed of local government officials and community members. During the reporting period, LVCs rescued trafficked children and attempted to detain alleged traffickers and bring them to the authorities. (10) |
The Government of Togo does not reliably disburse the allocated budget for the National Steering Committee for the Prohibition and Elimination of the Worst Forms of Child Labor, limiting its ability to combat child labor and support data collection efforts. (10)
The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including implementation.
|
Policy |
Description |
|---|---|
|
National Policy of Social Protection |
MASPFA policy that aims to improve social safety nets, strengthen mechanisms to combat the exploitation of children, and promote systematic birth registration. (42) During the reporting period MASPFA evaluated the effectiveness of previous National Action Plan Against Child Labor. (40) |
|
Multilateral Agreements to Combat Child Trafficking† |
In December 2019, the Governments of Togo, Benin, and Burkina Faso signed a trilateral agreement to combat child trafficking. (10,43) |
|
National Development Plan (2018–2022) |
Aims to improve economic growth, structurally transform the Togolese economy, and strengthen social protection and inclusion measures, including the implementation of a national biometric identification system. (10,44) During the reporting period, the government created a technical committee to reorganize the registry office to ensure that all births are recorded. (20) |
† Policy was approved during the reporting period.
‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (26,45)
Research was unable to determine whether all policies were implemented during the reporting period. (10) A National Plan of Action Against Child Labor is undergoing technical validation, but has yet to be adopted. (23,46) The Ministry of Social Action, Promotion of Women and Literacy's Anti-Trafficking in Persons Cell is working on a draft national action plan to combat human trafficking, and the Council of Ministers is reviewing a draft decree to create a coordinating body that would oversee its implementation. (20) The government has not included child labor elimination and prevention strategies in the Education Sector Plan (2010–2020). (47) Although the Government of Togo has adopted a policy addressing child trafficking, research found no evidence of a policy on other worst forms of child labor. (10)
In 2019, the government funded and participated in programs that may contribute to preventing child labor (Table 10). However, gaps exist in these social programs, including the adequacy of programs to address the full scope of the problem.
|
Program |
Description |
|---|---|
|
National Development Plan (2018–2023) |
During the reporting period, the government continued the implementation of the 5-year plan with a social development pillar that expands child related programs, including increasing school enrollment, providing additional food and drug supplies to orphaned and vulnerable children, and expanding immunization coverage. Continues to offer shelters for vulnerable children, including those referred by Allo 1011. (10) |
|
World Bank-Funded Programs |
World Bank programs that aim to combat child labor by improving social safety nets for vulnerable families and increasing access to education. These projects include the Education and Institutional Strengthening Project 2 (2015–2019), a $27.8 million project that aimed to revise course textbooks for grades one through three, provide teacher training, identify recipients of school grants, and select 80 sites for promoting girls' education. This project closed in September 2019 with noted success, fulfilling five of its six objectives. The Safety Nets and Basic Services Project (2017–2020), a $29 million project implemented by MASPFA and the Ministry of Grassroots Development, aims to provide social safety nets to poor communities.(10,16,49-53) Research was unable to determine whether the Social Safety Nets was active during the period. |
|
Forum of Traditional and Religious Chiefs of Togo on the Harmful Social and Cultural Practices that Affect Children† |
MASPFA-funded program that aims to eliminate traditional practices that may contribute to child trafficking by educating local leaders on child labor issues and the importance of education. (35) Research was unable to determine whether activities were undertaken to implement this program during the reporting period. |
† Program is funded by the Government of Togo
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (24,37,49)
Social programs focus on alleviating poverty and promoting education rather than targeting specific sectors of child labor, such as domestic work. The government relies heavily on NGOs and international organizations for the implementation of social programs. (10,54) A shortage of funds may hinder program implementation. (10) As a result, the scope of existing programs is insufficient to fully address the extent of the problem, including in commercial sexual exploitation and domestic work. (10)
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Togo (Table 11).
|
Area |
Suggested Action |
Year(s) Suggested |
|---|---|---|
|
Enforcement |
Strengthen the labor inspectorate by authorizing the inspectorate to assess penalties. |
2014 – 2019 |
|
Publish information about the number and type of inspections conducted, as well as the number of child labor penalties that were imposed and collected. |
2010 – 2019 |
|
|
Ensure that labor inspectors have the time and resources to carry out their primary duties of inspection and monitoring of labor laws throughout the country, including in the informal sector. |
2009 – 2019 |
|
|
Publish data on criminal law enforcement efforts, including the number of investigations conducted, criminal violations found, prosecutions initiated, convictions obtained, and penalties imposed for the worst forms of child labor. |
2010 – 2019 |
|
|
Ensure that criminal investigators have sufficient financial and physical resources to adequately enforce criminal laws against child labor. |
2017 – 2019 |
|
|
Ensure that criminal labor law enforcement officials receive refresher courses and that all regional offices have copies of relevant laws related to child labor. |
2009 – 2019 |
|
|
Enforce legal penalties for criminal violations, such as child trafficking. |
2014 – 2019 |
|
|
Coordination |
Provide coordinating bodies with sufficient resources to implement their mandates to combat child labor. |
2009 – 2016; 2018 – 2019 |
|
Government Policies |
Ensure child labor is integrated into all relevant policies. |
2016 – 2019 |
|
Integrate child labor elimination and prevention strategies into the Education Sector Plan. |
2013 – 2019 |
|
|
Adopt a policy that addresses all relevant worst forms of child labor, such as a National Action Plan. |
2019 |
|
|
Social Programs |
Increase access to education by eliminating school-related fees; ensuring that schools are free from sexual and physical violence; and increasing the number of schools. |
2010 – 2019 |
|
Ensure that all social programs are implemented and that data is published on their activities. |
2019 |
|
|
Ensure that social protection programs to combat child labor receive adequate funding, are sufficient to address the scope of the problem in all relevant sectors. |
2009 – 2019 |
|
|
Ensure that social programs focus on targeting specific sectors of child labor in addition to alleviating poverty and promoting education. |
2019 |
-
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