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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Togo - 12th session - 2011 Scroll to: National Report 3. Covering an area of 56,000 km2, Togo is bordered to the north by Burkina Faso, to the south by the Gulf of Guinea, to the east by Benin and to the west by Ghana. It has more than 40 ethnic groups, an estimated population in 2011 of 5.7 million people, of which 51 per cent are women, and a population growth rate of 2.4 per cent. The 15- to 59-year-old age group makes up 51 per cent of the population, 0- to 15-year-olds account for 42 per cent and the over-60s make up the remaining 7 per cent. Its economy is based primarily on agriculture, which accounts for 70 per cent of the economically active population and 40 per cent of gross domestic product. 5. Togo has ratified or acceded to several instruments including: (1) the International Covenant on Economic, Social and Cultural Rights; (2) the International Covenant on Civil and Political Rights; (3) the International Convention on the Elimination of All Forms of Racial Discrimination; (4) the Convention on the Elimination of All Forms of Discrimination against Women; (5) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; (6) the Convention on the Rights of the Child as well as its two Protocols; (7) International Labour Organization conventions Nos. 4, 6, 29, 87, 98, 100, 105, 111 and 182; (8) the Geneva Conventions of 1949 and their two Additional Protocols; (9) the Convention on Cultural Diversity of the United Nations Educational, Scientific and Cultural Organization. 6. Togo is party to several regional instruments including: (1) the African Charter on Human and Peoples' Rights; (2) the Constitutive Act of the African Union; (3) the African Charter on the Rights and Welfare of the Child; (4) the Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa; (5) the African Union Convention on Preventing and Combating Corruption; (6) the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa; (7) the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court of Human and Peoples' Rights. 7. Togo has a considerable framework of legislation whose cornerstone is the Constitution of 14 October 1992, which, in articles 50 and 142, incorporates all of the rights and responsibilities set out in the Universal Declaration of Human Rights and in all the international human rights instruments ratified by Togo. The legislation includes: Act No. 2005-009 of 3 August 2005 on the trafficking of children; Act No. 2007-017 of 6 July 2007 on the Children's Code; Act No. 2009-011 of 24 June 2009 abolishing the death penalty; Act No. 2010-004 of 14 June 2010 on the Water Code; Act No. 2010-018 of 31 December 2010 amending Act No. 2005-012 of 14 December 2005 on the protection of persons with regard to HIV/AIDS; and the Act on the Press Code. In addition, the Constitution contains provisions that safeguard human rights, such as those on the right to life (art. 13), freedom of thought, conscience, religion, worship, opinion and expression (art. 25); the right to health (art. 34); the right to education (art. 35); and the right to a fair trial (art. 19). 25. To bring justice closer to the citizens, district courts have been created in most of the prefectural capitals. There are now 30 courts of first instance, 2 appeal courts and 1 supreme court. The problem still remains, however, that specialized courts, i.e. the youth court and the labour court, only sit in Lomé. The draft bill on the organization of the courts, therefore, provides that, to meet its responsibilities, each region should have a regional court housing a youth court and a labour court. Furthermore, the regional court shall have jurisdiction in criminal and administrative cases at first instance. 57. Article 35 of the Constitution sets out the principle of free and compulsory primary education for children up to the age of 15. This was previously referred to in executive order No. 16 of 6 May 1975 on the educational reform. The first stage of providing free education began in 2008 with the abolition of school fees for public preschools and primary schools under decree No. 2008-129/PR of 2 October 2008. This led to a 16 per cent rise in school enrolment rates, thereby bringing the net enrolment rate to 87.8 per cent. 58. To meet the challenge of achieving universal primary education by 2015 and thus reach MDG 3, in 2010 Togo adopted the education sector plan 2010–2020, with the triennial medium-term expenditure framework 2010–2012. Pursuant to this, the capacity of educational establishments was increased, more schools were created, new teachers were recruited and trained, and some educational establishments which had been set up as a result of local initiatives were transformed into public schools. The budget for primary school education was increased from 15,860,000,000 CFA francs in 2004 to 34,760,000,000 CFA francs in 2010. The secondary school budget was increased from 9,260,000,000 CFA francs in 2004 to 15,320,000,000 CFA francs in 2010. 60. In terms of higher education, besides a few private establishments, which mainly offer courses leading to the advanced vocational training certificate, Togo boasts two public universities: the University of Lomé and the University of Kara. There has been a consistent rise in student numbers: in 2005, the University of Lomé had some 14,453 students, including 2,864 girls, and by 2010, enrolment had reached 41,342, including 9,958 girls, for a capacity of 15,000 places. Over this same period, the number of students at the University of Kara increased from 2,761 (including 366 girls) to 9,908 (including 1,848 girls) for a capacity of 5,500 places. 63. A five-year plan (2002–2006) and a strategy note were adopted in 2001 to clarify the general lines of the national public health policy. On the basis of the conclusions and recommendations of this plan, the priorities identified in the Poverty Reduction Strategy Paper (PRSP), and subregional and international guidelines on health, especially the MDGs, a new health development plan was drawn up for the period 2009–2013. Theme- based strategies (malaria, HIV/AIDS, reduction of maternal and neonatal mortality, vaccination, community-based interventions) have been implemented. 66. Around 84 per cent of pregnant women have antenatal consultations and receive support from midwives and birth attendants. The figure for maternal mortality is high, with 478 deaths per 100,000 live births. The infant mortality rate is estimated at 77 per thousand and the child mortality rate at 123 per thousand. In order to reduce these levels, the Government has begun implementing high-impact interventions, namely: subsidies have been given for caesarean section operations since 2 May 2001; a campaign was launched in 2010 to speed up the reduction of maternal mortality; and a national programme was launched in April 2011 to provide treatment for obstetric fistula. 67. Awareness-raising publicity campaigns by the Government and civil society organizations pushed up contraceptive use from 11.3 per cent in 2003 to 16.8 per cent in 2008. The proportion of births assisted by qualified health personnel rose from 51 per cent in 1998 to 62 per cent in 2006. 68. An expanded programme of immunization (EPI) and a free public vaccine distribution system are in operation across the country. In 2006, 42.2 per cent of children received eight doses of EPI vaccine before their first birthday, and 43 per cent were fully immunized. At the same time, 6 per cent received no vaccinations at all. In 2001, measles- related mortality was reduced by 100 per cent and the morbidity level decreased by 84 per cent. Notwithstanding, measles immunization campaigns were conducted in 2004, 2008 and 2010. In 2007, Togo was certified by WHO as a country which had eradicated poliomyelitis. The immunization activities have been aimed at children under 5 years of age. In 2010, immunization coverage for poliomyelitis stood at 92 per cent, for tuberculosis at 94 per cent and for measles at 84 per cent. 70. Furthermore, activities have been launched across the entire range of support centres to prevent mother-to-child transmission of HIV. The number of sites offering such activities increased from 48 in 2008 to 128 in 2009 (with a geographical coverage of 20.4 per cent). In 2009, this made it possible to reach about 32 per cent of the target population. Despite these significant results, there is still considerable progress to be made. In May 2010, Togo acceded to the International Health Partnership, through the signing in Geneva of a compact seeking to accelerate the achievement of MDGs 4, 5 and 6 and enhance the health of the country's population. 78. With regard to trafficking in women, Togo ratified the United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others; the Declaration of the Economic Community of West African States on the Fight against Trafficking in Persons; the Protocol to Prevent Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; Multilateral Cooperation Agreement to Combat Trafficking in Persons, Especially Women and Children in West and Central Africa. 79. In addition to the Constitution, the following legislation and regulations are used to establish the status of women and promote and protect their rights: (1) Act No. 98-16 of 17 November 1998, prohibiting female genital mutilation; (2) Act No. 2006-010 of 13 December 2006 on the Labour Code; Act No. 2007-005 of 10 January 2007 on reproductive health; and Act No. 2010-018 of 31 December 2010 on the protection of persons with regard to HIV/AIDS. Nevertheless there are still areas of gender inequality, notably in the civil service (8,395 women across all departments out of a total staff of 43,422), Parliament (9 out of 81 members), Government (7 out of 32 ministers), and other decision-making bodies. 80. Togo has worked with its partners to establish legislation that is compatible with the international and regional instruments to which it is party, and to improve the regulations for the institutional care of children considered victims through the following: Act No. 2007-017 of 6 July 2007, on the Children's Code Act No. 2009-010 of 11 June 2009 on the organization of the civil service in Togo, which modifies the limit for declaring new births from 30 to 45 days The Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption Protocol to Prevent Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, ratified in Palermo in 2009 81. A number of measures have been taken to enact this legislation: the creation of a
directorate-general within the Ministry of Social Action and National Solidarity to carry through the policies and programmes focused on children; the installation in 2009 of a telephone helpline and the drafting of practical reference documents for people involved in childcare; the establishment of the National Commission for the Care and Social Reintegration of Child Victims of Trafficking which helped to improve the organization of the reintegration into society and employment of 1,722 children between 2007 and 2010; and the establishment of the National Child Adoption Committee in 2008 to provide better guidance on the procedures. 82. Arrangements have been made in prisons to separate children in conflict with the law from adults. A youth court was created under the jurisdiction of the Lomé court of appeal, followed by the nomination of some 20 investigating judges acting as youth court judges in courts outside of the capital. Although the existence of street children is clear to see, there are not enough programmes to assist them and efforts are being made to meet this need. 83. Studies into the conditions of orphans and vulnerable children have made it possible to identify factors of vulnerability such as family poverty, HIV/AIDS infection, family status, shortages of care facilities for children in difficult circumstances, foster homes lacking know-how and financial means, and the lack of community services to help provide care for children in difficult circumstances. 84. Insufficient public awareness of the current law and scarce resources make establishing an environment which is protective of the rights of the child a major challenge. 89. A National Orthopaedic Appliances Centre, five regional branches, and two vocational training centres have been created. The education centres for the visually impaired, for children with hearing disabilities and for mentally disabled children are private. The State however provides grants for these each year, as does the Togolese Federation of Associations of Disabled Persons. 90. The issue of the protection of children and the disabled has been introduced on the curriculum of the National School of Social Training and the National School for Medical Auxiliaries. Despite the fact that there is legislation to protect persons with disabilities, they still face difficulties: limited access to education for children with mental and sensory disabilities (they cannot go to ordinary schools); lack of access to public buildings (no ramps in schools and public places such as health-care centres); limited employment opportunities (public and private); difficult working conditions; and lack of attention given to the reproductive health of disabled women in the training of health workers. 94. Togo recognizes that, due to a lack of funds, it has not fully met its obligations regarding the submission of reports to treaty bodies. However, thanks to stronger collaboration with the country office of the Office of the United Nations High Commissioner for Human Rights (OHCHR) since it was set up in 2006 and the revitalization of the Interministerial Commission for the Preparation of Initial and Periodic Reports on Human Rights, Togo has submitted: (1) its fourth periodic report on civil and political rights, in 2011; and (2) its sixth to seventeenth periodic reports on the International Convention on the Elimination of All Forms of Racial Discrimination, in 2008. It has also submitted the following reports: (1) its second periodic report on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in 2011; (2) its third and fourth periodic reports on the Convention on the Rights of the Child, in 2010; (3) its sixth and seventh periodic reports on the Convention on the Elimination of All Forms of Discrimination against Women, in 2010; (4) its initial report on the International Covenant on Economic, Social and Cultural Rights, in 2009; and (5) its initial report on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in 2008. 95. Measures have been taken to implement a number of the recommendations made by the aforementioned treaty bodies: the adoption of the Children's Code; the creation of a telephone helpline; the definition of torture in the preliminary draft of the Criminal Code; the drafting of a text for a mechanism to prevent torture; and the abolition of the death penalty. 97. At the regional level, Togo presented its initial report on the African Charter on the Rights and Welfare of the Child in 2011 and submitted its third to fifth periodic reports on the African Charter on Human and Peoples' Rights. 103. Regarding the rights of children, Togo has established the National Commission for the Care and Social Reintegration of Child Victims of Trafficking, it established the National Committee for the Adoption of Children in 2008, and made changes to the organization of prisons to separate children in conflict with the law from adults. 107. A number of constraints are impeding the Government from fulfilling its international commitments. Among them: (a) State institutions: National Human Rights Commission and Interministerial Commission for the Preparation of Initial and Periodic Reports on Human Rights: lack of financial and human resources; lack of materials; (b) Cooperation with mechanisms: tardiness in the submission of reports and in following the recommendations of treaty bodies and special procedures; (c) Civil and political rights: administration of justice: obsolete infrastructure; lack of human and financial resources; lack of equipment; slowness of proceedings; and lack of specialized courts; (d) Economic, social and cultural rights: poverty; illiteracy; lack of security in employment and housing; lack of social housing; unemployment; lack of equipment; not enough trained medical personnel; lack of health facilities; lack of health training; high cost of medication; poor access to drinking water; lack of human and financial resources; lack of materials; and limited access to professional training; (e) Rights of specific groups: lack of facilities for orphans and vulnerable children; low birth registration rates, particularly in rural areas; poor access to resources and insufficient dissemination of legislation; high illiteracy rate; low level of female representation in decision-making bodies; sociocultural and traditional constraints; persistence of violence against women and children; exploitation of girls in domestic service; lack of training for health personnel on the reproductive health of women with disabilities; limited access to education; inaccessible facilities and public buildings; and problems with access to employment for disabled people; (f) Other: consequences of the suspension of international aid; insufficiency or non-existence of statistics; and persistence of political rivalries. 5. L'UNICEF a indiqué que l'harmonisation de la législation nationale avec la Convention relative aux droits de l'enfant et les autres normes internationales relatives à la protection de l'enfant par le biais de l'adoption du Code de l'enfant constituait une grande avancée dans la mise en œuvre des droits de l'enfant au Togo. CRC recommended that Togo revise the Code de l'enfant through a participatory process in order to ensure full compliance with the Convention; and to undertake a comprehensive review of other existing legislation in order to identify areas where legal reform is required. 11. En 2011, l'UNICEF a indiqué que le Comité national des droits de l'enfant (CNE) prévu à l'article 453 du Code de l'enfant n'avait pas encore été mis en place. 13. En 2011, l'UNICEF a indiqué que le Document de politique nationale de protection de l'enfant et le Plan stratégique national quinquennal 2009-2013, validés en décembre 2008 par tous les acteurs de la protection de l'enfant, n'avaient pas encore été adoptés par le Gouvernement. 15. OHCHR, through its country office in Togo, has been extending assistance to the Government for the submission of overdue reports, including reports to CERD (2008), HR Committee (2009), CESCR (2009), CRC (2010) and CAT (2011). 17. CEDAW urged the introduction of measures to modify or eliminate customs and practices that discriminate against women, in particular forced and early marriages, discriminatory widowhood practices, as well as levirate, bondage and female genital mutilation. It invited Togo to increase its efforts to implement awareness-raising programmes, in collaboration with civil society organizations, women's non-governmental organizations and community leaders. 20. CEDAW noted with appreciation the adoption of special measures in the fields of education and employment, such as the lowering of school fees for girls and the establishment of entry quotas for women in sectors traditionally reserved for men, including the police and the army. 21. CEDAW remained concerned that the law relating to nationality precludes a foreign woman spouse from retaining Togolese nationality upon divorce. CRC was concerned that children born out of wedlock or children with foreign fathers may, in some instances, be denied Togolese citizenship. 25. CRC noted with concern that societal discrimination persisted against vulnerable groups of children, in particular girls and children with disabilities. It expressed concern about continuing discrimination against girls with respect to access to education, employment and inheritance. It urged Togo to undertake an in-depth review of its legislation, including the Individuals and Family Code and the Nationality Code of 1998, in order to fully guarantee the application of the principle of non-discrimination, and to adopt a comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups. En 2011, l'UNICEF a indiqué que malgré la signature en 2008 de la Convention relative aux droits des personnes handicapées, les enfants handicapés au Togo continuaient de faire face à une forte exclusion, tant au niveau de la famille que de la communauté. CRC was concerned that only very few children with disabilities have access to education and employment services. 32. CAT noted the worrying detention conditions, in particular in Lomé and Kara prisons. The most widespread problems were overcrowding, a shortage of food and poor hygiene. The treatment of prisoners, including corporal punishment, remained a matter of concern. Often women and children were not held separately from men and adults, and persons awaiting trial were not separated from those serving sentence. Togo should comply with the Standard Minimum Rules for the Treatment of Prisoners. The HR Committee was similarly concerned at prison overcrowding, which was partly attributable to the persistent phenomenon of arbitrary detention. 34. CRC was deeply concerned about reports of killing, in certain areas, of children born with disabilities, malformations, skin discoloration (albinos), as well as of children born with teeth, or from mothers who died during delivery. It urged Togo to prevent the occurrence of such killings, to prosecute those responsible and to raise awareness among the population of the need to eradicate such practices. 35. CEDAW urged Togo to accord priority to addressing violence against women and girls and enacting legislation on domestic violence, including marital rape, and on sexual abuse and harassment. Such legislation should ensure that victims have access to immediate means of redress and protection and that perpetrators are prosecuted and punished. 36. HR Committee and CAT noted with regret that female genital mutilation (FGM) continued to be widely practised. Selon le SNU-Togo, une étude sur les mutilations génitales féminines en 2008 révélait que 6,9 % des femmes et des filles en étaient encore victimes dans le pays. CRC recommended that Togo work with traditional and religious leaders to ensure that harmful traditional practices are effectively banned; and raise awareness of the harmful impact of FGM and other harmful traditional practices on the girl child. 37. While noting the adoption in 2005 of legislation relating to trafficking in children, CAT was concerned by information that the problem persists, in particular in the north and centre of the country. L'UNICEF a indiqué que la traite des enfants prenait une proportion inquiétante en raison de l'absence d'un système national de protection sociale capable d'apporter une réponse holistique à la pauvreté et à la vulnérabilité des enfants. UNODC indicated that in 2007, six men had been convicted of trafficking in persons, but had received a sentence of less than one year in prison. In 2011, the ILO Committee of Experts requested Togo to ensure that thorough investigations and robust prosecutions of persons engaged in the sale and trafficking of children under 18 years of age were carried out and that sufficiently dissuasive penalties were imposed. CRC recommended that Togo ensure effective programmes for child protection, repatriation and recovery; strengthen law enforcement, intensify efforts to raise awareness, and prosecute the perpetrators. 38. CRC was concerned at the large number of child victims of violence, abuse and neglect, including sexual abuse, in schools, detention centres, public places and the family. En 2011, l'UNICEF a indiqué que les violences, les abus et l'exploitation sexuelle des enfants augmentaient de façon inquiétante. 39. In 2010, the ILO Committee of Experts requested Togo to take urgent measures to bring an end to the exploitation experienced by certain children in domestic service and apprenticeship, which were similar to forced labour within the meaning of the ILO Forced Labour Convention (No. 29). En 2011, le SNU-Togo a constaté que bien que le Code de l'enfant fixe l'âge minimum du travail à 15 ans, 29 % des enfants âgés entre 5 et 14 ans étaient occupés à un travail considéré comme dangereux pour leur développement. CRC recommended that Togo focus on addressing the root causes of child labour through poverty eradication and access to quality education, and by developing a comprehensive child labour monitoring system in collaboration with NGOs, community-based organizations, law enforcement personnel, labour inspectors and the ILO Programme on the Elimination of Child Labour (ILO-IPEC). 40. En 2011, le SNU-Togo a fait observer que le Code de l'enfant consacrait l'interdiction des châtiments corporels et des violences faites aux enfants en milieu familial et scolaire. Or, dans la pratique, l'école restait bien souvent un lieu où les élèves se retrouvaient en butte aux violences. CRC recommended that Togo adopt a law effectively prohibiting all forms of corporal punishment of children, undertake public-awareness campaigns on the negative impact of corporal punishment on children, and provide teachers and parents with training on non-violent forms of discipline as an alternative to corporal punishment. 41. CRC was concerned at the large number of children living and working on the streets, the vulnerability of these children to various forms of violence, including sexual abuse and economic exploitation, the lack of a systematic and comprehensive strategy to address the situation and protect these children, and the poor registration and tracing of missing children by the police. 52. CRC was concerned about the absence of a juvenile justice system compatible with the Convention, and in particular about the very limited number of qualified judges for juveniles; the lack of alternatives to detention for persons under 18 in conflict with the law; and the fact that persons under 18 are often detained with adults and in very poor conditions and for long periods. En 2011, le SNU-Togo a indiqué que le Code de l'enfant de 2007 mettait l'accent désormais non pas sur l'emprisonnement mais plutôt sur les mesures d'une justice restauratrice. La mise en place de structures de réinsertion des mineurs en nombre suffisant, la nomination de juges des mineurs dans chaque juridiction et l'institution de services sociaux spécialisés dans la prise en charge psychologique des enfants restaient à parachever. 55. CRC recommended that Togo take all necessary measures to protect adopted children, including by establishing a system to monitor and supervise effectively the system of adoption. 63. In 2005, CRC was concerned at the sharp decrease in public expenditure on education and health, and at the lack of funds available for children living in poverty. 65. CEDAW urged Togo to continue its efforts to improve the country's health infrastructure and improve women's access to health care and health-related services and information, including in rural areas. CRC recommended that Togo strengthen its efforts to raise awareness of HIV/AIDS among adolescents. 66. CRC was also concerned at the increasing infant mortality rate, the high child and maternal mortality rates, low birth weight, child malnutrition, the low breastfeeding rate, the low rate of immunization, the prevalence of infectious diseases, mosquito-born diseases, including malaria, and the lack of access to safe drinking water and sanitation. It was further concerned about the disparity between the number of health centres in rural and urban areas. 68. CRC recommended that Togo ensure, as a matter of priority, that at least primary education is compulsory and free; that girls and boys, from urban and rural areas, all have equal access to educational opportunities, without any financial obstacles; and that teachers are adequately trained and paid. Togo should also take measures to prevent and punish the abuse of school pupils by teachers, including sexual harassment and economic exploitation, and introduce human rights into the school curricula. 69. CEDAW recommended that Togo implement measures to ensure equal access of girls and women to all levels of education, retain girls in school and abolish circular No. 8478/MEN-RS which prohibits pregnant girls or students from attending school. 70. En 2011, l'UNICEF a indiqué que seuls 51% des nouveaux nés étaient enregistrés à leur naissance. Cette situation pénalisait considérablement les enfants car ceux qui n'avaient pas de certificat de naissance n'étaient pas autorisés à se présenter aux examens nationaux de passage d'un cycle à l'autre au sein de l'enseignement primaire. 73. CRC noted that Togo was among the group of least developed countries and that a large part of the population lived below the poverty line. CRC was concerned at reports of widespread corruption, which had a negative impact on the level of resources available for the implementation of the Convention. 75. En 2011, l'UNICEF a indiqué que la mise en place de la ligne verte «ALLO 111» avait permis de lever le tabou sur les violations des droits de l'enfant en général, et plus particulièrement sur les violences, les abus et les exploitations graves. 79. CRC recommended that Togo seek further assistance concerning children with disabilities from UNICEF and the World Health Organization (WHO); concerning HIV/AIDS from, UNICEF, WHO and UNAIDS and concerning juvenile justice from OHCHR and UNICEF. 80. CRC recommended that Togo continue and strengthen its cooperation with UNICEF and the Division for the Advancement of Women in order to counter the practice of FGM. 81. CRC recommended that Togo strengthen cooperation with UNESCO, UNICEF and other partners in improving the education sector. 9. CNDH notes Government efforts in the area of promoting and protecting children's rights with the implementation of a legal framework conform to international standards. 27. The International Catholic Child Bureau (ICCB) reports that in 2005 Togo adopted a law prohibiting child trafficking, a crime which is also covered under articles 410 et seq. of the Children's Code. Trafficking is extensively defined to ensure that the offenders and their accomplices, including parents, do not go unpunished. ICCB reports that child trafficking nonetheless persists on the national as well as the international level. Togo is a country both of origin and of transit for the international trafficking of children. On the national level, trafficking mainly consists of confiage, and exploitation of children within the family. 28. ICCB adds that Togo has implemented a data-collection system on child trafficking with the National Commission for the Care and Social Reintegration of Child Victims of Trafficking (CNARSEVT), but that it does not include the selling and kidnapping of children. CNARSEVT has regional and prefectoral branches but they are not always operational. Togo has also signed multilateral accords on cooperation in the fight against child trafficking with other countries from the subregion, but they are not always respected. 29. ICCB recommends that Togo issue a decree on the organization and functioning of a national commission to combat the trafficking of children; that it change the name of the CNARSEVT to conform with Act 2005-009 and expand its powers; that it strengthen the system to protect children and prevent child trafficking and also ensure that subregional procedures are operational; and that it include information about the selling and kidnapping of children in its existing CNARSEVT data-collection system. 30. ICCB reports that harmful traditional practices (placement of children in voodoo convents, female genital mutilation, scarification, tattooing, and sale of female children into servitude to pay off debts) still persist in Togo. Only female genital mutilation is a punishable offence under the Children's Code. ICCB recommends that Togo establish provisions making all harmful traditional practices criminal offences, put in place decentralized surveillance mechanisms and raise public awareness of the consequences of harmful traditional practices on the life and health of the child. 31. ICCB states that Ministry of Labour Order No. 1464 of 12 November 2007 established a list of types of work prohibited to children and that most of the provisions in International Labour Organization Convention No. 182 have been integrated into domestic law. ICCB notes, however, that the worst forms of child labour still persist, particularly in rural areas. ICCB recommends that Togo publicize current legislation concerning the worst forms of child labour, fight to punish offenders who exploit children by effectively implementing the laws in force, and reorganize and work with the informal sector to ensure recognition of the need to protect children against the worst forms of labour. 32. ICCB reports that the Children's Code goes further than the Criminal Code by prohibiting moral and physical violence towards children, including paedophilia. There is also a helpline to encourage people to report cases of abuse and ill-treatment in the Golfe prefecture. ICCB notes that some of these acts are not effectively punished, that some proceedings are never settled, and that violence is not always reported. The Istituto Internazionale Maria Ausiliatrice (IIMA) adds that girls are more vulnerable to violence. IIMA also notes that children accused of sorcery suffer violence and recommends that Togo implement specific measures to eradicate the phenomenon. 33. ICCB recommends that Togo harmonize all of the provisions relating to the protection of children against abuse and ill-treatment in Togolese legislation to conform with the Children's Code; fight against the impunity of offenders who abuse or ill-treat children by effectively applying the legislation in force; extend the "Allo III" helpline to cover the entire country; and put in place a mechanism to provide psychological and social support, rehabilitation and employment support for victims. 34. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) states that it has not been able to obtain official confirmation that the Children's Code is interpreted as prohibiting all corporal punishment at home. However, corporal punishment is unlawful in all other settings, although still practised in schools, as confirmed by ICCB. 35. ICCB notes the various reform proposals relating to the administration of justice, such as the preliminary draft decree on the reorganization and functioning of the Juvenile Division, the preliminary draft document on legal aid, and the preliminary draft policy for the reintegration of detainees. ICCB recommends that Togo enact the reform laws to consolidate the legal framework for juvenile justice without delay. ICCB also recommends that Togo ensure the provision of training on the particularities of children's rights for those involved in the legal system. 36. ICCB reports that the legal framework for juvenile justice is laid out in Act No. 2007-017 of 6 July 2007 which establishes the Children's Code, but that it is not effectively implemented. Lomé has the only youth court, and the judges appointed to youth cases under the jurisdiction of the Kara appeal court do not have any special training in juvenile justice. ICCB recommends that Togo set up youth courts and juvenile divisions and appoint juvenile judges in conformance with article 317 of the Children's Code. 37. ICCB notes that there is only one Juvenile Division in Togo (in Lomé), that it separates girls from boys and its occupancy rate is acceptable. However, the building is in disrepair and the Division depends on civil society for 80 per cent of the vocational training given to young inmates of an age to learn a trade because it does not receive a budget allocation from the Government. 45. CNDH reports that, despite Government and civil society organizations' efforts to raise public awareness of the issue, there is still a problem of low birth registration rates.69 IIMA notes that this affects the right to education. 46. CNDH deplores the continued adherence to certain social and cultural practices that result, inter alia, in women being denied inheritance rights. OSC adds the issue of forced and early marriages. 63. CNDH notes the Government's efforts with regard to health policies but also the shortage of equipment and of specialized physicians in hospitals (apart from the two university hospitals in Lomé), and that the majority of the population cannot afford adequate health care due to their low purchasing power. OSC recommends that Togo increase the budget allocation for children and women's health care. 66. ICCB reports that the rights to education and to vocational training are enshrined in the Constitution and in the Children's Code. Education is mandatory for children of both sexes until the age of 15. ICCB also notes that the abolition of tuition fees for preschools and primary schools has resulted in an increased enrolment rate, which in turn has led to an increase in the education budget.107 IIMA notes the adoption in 2009 of a sectoral policy declaration on education (DPSE) and in 2010 of a sectoral plan for education (PSE), which both set ambitious goals to be attained by 2020 in the field of education. 67. ICCB notes that there are still many obstacles to attaining Millennium Development Goal 2 by 2015. They include very low levels of access to preschool education, high dropout rates, insufficiently adapted textbooks, lack of textbooks, poorly trained teachers, use of volunteers as teachers, insufficient Government monitoring and guidelines, limited school infrastructure, poor sanitary conditions, child exploitation, and the lack of school cafeterias. IIMA reports similar findings. 68. ICCB recommends that Togo increase the national education budget, implement the main recommendations of the national education policy adopted in 2008, ensure better monitoring and guidance for schools, undertake flexible and proactive practical measures and provide adequate funding to organize primary and secondary school education and ensure that it is free. 69. IIMA also notes that sociocultural and economic factors result in discrimination against young girls in education.112 IIMA recommends that Togo take the necessary measures to promote girls' emancipation in the collective mentality to give them the same opportunities as men in education, work and society. 70. OSC reports that children with disabilities have difficulty getting into school buildings and accessing work tools, and also reports that there are no appropriate educational facilities for students with hearing or visual impairments.114 IIMA reports similar findings, adding that some beliefs made parents reluctant to send their disabled children to school. Accepted and Rejected Recommendations The following recommendations were accepted: A - 100.10. Strengthen efforts to fulfil its obligations under the Convention on the Rights of the Child (Australia); A - 100.12. Amend its domestic legislation relating to the rights of women, children and persons with disabilities, in line with its international obligations (United Kingdom of Great Britain and Northern Ireland); A - 100.24. Take all necessary measures to establish a national committee on the rights of the child at the earliest possible date (Hungary); A - 100.28. Adopt the text on national policy to protect children, completed in 2008, and intensify the fight against trafficking in children and labour affecting children (Cape Verde); A - 100.29. Develop a national plan of action for the implementation of children’s rights and to adopt a holistic child rights approach (Islamic Republic of Iran); A - 100.43. Adopt all necessary measures to eradicate and eliminate practices and customs that discriminate against women, in particular forced and early marriage, discriminatory practices in the area of widowhood, the levirate, slavery and female genital mutilation. At the same time, develop awareness and education programmes on the harmful effects of such practices (Uruguay); A - 100.44. Deepen the efforts, including through international cooperation, aimed at eradicating all practices that violate the rights of women, with a particular emphasis on female genital mutilation and any form of gender based violence, and continue to implement measures, which tend to provide the legal recognition of civil, political, economic and social rights among women and men (Argentina); A - 100.47. Take appropriate measures to better protect vulnerable groups such as older persons, women and children (Djibouti); A - 100.57. Conduct appropriate public awareness-raising campaigns with a view to eliminate female genital mutilation and other harmful traditional practices (Slovakia); A - 100.59. Take necessary measures to effectively combat violence against women and girls and enact legislation on domestic violence. (Republic of Moldova); A - 100.64. Continue to effectively fight against child trafficking and access to education of children with disabilities, and especially girls (Turkey); A - 100.66. Adopt all necessary measures to eradicate child abuse, labour and sexual exploitation of children, as well as violence against children, paying particular attention to cases of children who are killed because they were born with disabilities, malformation, without pigmentation or because their mother died during childbirth (Uruguay); A - 100.73. Set priorities to ensure the basic social and economic rights, particularly in the fields of employment, poverty reduction, education and healthcare. At the same time, priority policies and measures should also be provided to support the social vulnerable groups, like women, children and the poor people (Vietnam); A - 100.77. Continue to work for taking the necessary steps to achieve universal primary education by 2015 (Turkey); A - 100.78. Implement measures to ensure girls’ and women’s access to all levels of education and to ensure a higher level of women’s participation in public life (Norway); A - 100.79. Inform children with disabilities that they have the right to education on an equal basis with other children, and build capacity with organizations of persons with disabilities (Slovenia); A - 100.80. Improve the access for persons with disabilities to education and health care, with particular focus on children (Slovakia); A - 100.81. Implement necessary measures to reduce the relative high drop-out rate in primary schools (Norway); A - 101.3. In line with the Committee on the Rights of the Child recommendations regarding discrimination against vulnerable children, in particular girls and children with disabilities, envisage reviewing the legislation to guarantee the application of the non-discrimination principle (Chile); A - 101.12. Include sale and abduction of children in the data collection system of the National Commission for the Care and Social Reintegration of Child Victims of Trafficking with a view to guarantee the operational continuity and effectiveness of the commitments undertaken through the cooperation agreements to combat trafficking in children (Mexico); A - 101.13. Take adequate measures to counter the worrying increase of violence against, abuse and sexual exploitation of children, by ensuring the implementation of applicable laws including through awareness and education programmes targeting more particularly parents, teachers, correctional officers and other relevant professionals (Canada); A - 101.22. Take measures to ensure free and compulsory primary education (Brazil); The following recommendations were rejected: No relevant rejected recommendations. The following recommendations were left pending: No relevant pending recommendations.
6 October, 2.30pm to 5.30pm
UN Compilation
Stakeholder Compilation
Accepted and rejected recommendations