Togo: Children's Rights References in the Universal Periodic Review

A compilation of extracts featuring child-rights issues from the reports submitted to the second 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.

 

National report

II. Developments in the normative and institutional framework

C. Cooperation with international and regional mechanisms

1. Reports presented

Third and fourth periodic reports on the Convention on the Rights of the Child and the initial report on the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography (2012).

3. Visits of special procedures mandate holders and others

11. Togo has received visits from:

The African Committee of Experts on the Rights and Welfare of the Child (2013).

IV. Follow-up to recommendations from the first cycle

A. International instruments and cooperation with mechanisms

 1. Signatures, ratifications and implementation

24. The Convention has been ratified. UNESCO Convention against Discrimination in Education (Recommendations 102.5 and 102.6)

2. Cooperation with human rights mechanisms

Convention on the Rights of the Child (Recommendation 100.10)

Action taken:

• Implementation of 10 operational plans of actions to promote systematic birth registration resulting in the organization of awareness-raising courses on the subject, and mobile court hearings which, in 2012, allowed for the late issuance of 123,492 birth certificates for students in grades 4 to 6 of primary school;

• Construction of 21 civil status booths in peripheral health-care units with the support of the United Nations Children’s Fund (UNICEF);

• Renewal of the membership of the Advisory Council on Children (2014);

• Order of the Minister of Security of 2013 incorporating the rights of the child in police and gendarmerie training schools. Since then, 2,002 police officers and 2,600 gendarmes have been trained using a module on the rights and protection of the child;

• Training of 524 judicial officers on the rights of the child at the Judicial Careers Training Centre (2011-2013);

• Signature by traditional and religious leaders of a declaration to combat community practices that are harmful to children, including female genital mutilation, the placement of children in convents (2013), and an additional commitment aimed at combating child marriage (2016).

D. Equality and non-discrimination

51. Furthermore, with the support of civil society organizations, the Government carried out the following activities:

• Awareness-raising among men and women, community leaders and local authorities on violence against women and girls;

• Launch of the African campaign against child marriage in Africa with awareness-raising on early marriages and pregnancies;

53. The new Personal and Family Code contains the following provisions aimed at eliminating discrimination against women:

• Identical age of marriage for men and women

F. Economic, social and cultural rights

Fight against poverty

Fight against extreme poverty; social and economic development programmes; right to food; general living conditions of the population; Millennium Development Goals (Recommendations 100.69, 100.70, 100.72, 100.87 to 100.89 and 101.19)

• Financial assistance for 15,000 children from vulnerable families under the Cash Transfer Programme;

Right to health

• Seven free vaccines for women and children through the expanded immunization programme;

Maternal health and access of pregnant women to medical facilities (Recommendation 100.74)

65. Togo has taken the following action:

Training of hospital staff and equipment of health facilities in partnership with Muskoka funds, the Commission on Information and Accountability for Women’s and Children’s Health, the United Nations Population Fund, WHO and UNICEF, as a result of which the coverage rate for basic emergency obstetric and neonatal care increased from 18 per cent to 43.7 per cent between 2012 and 2015;

Right to education

Consolidating the education system; priorities, programmes and measures in the field of education; free and compulsory primary education (Recommendations 100.82 and 101.22)

70. With regard to general education

71. To develop quality basic education, the following initiatives were taken during the reporting period:

• Publication of textbooks and of a guide to arithmetic and reading for primary schools;

• Recruitment and training of 8,023 teachers for primary and lower secondary schools (2012-2015);

• Training of more than 600 heads of secondary schools (2015) and all teachers of French and experimental sciences in lower secondary schools through the Project to Support the Reform of Lower Secondary Schools;

• Supply of 11,115 reading boards for all public primary schools (2013-2014);

• Evaluation of learning outcomes in 200 schools using the Conference of Ministers of Education of French-speaking Countries Programme of Analysis of Educational Programmes.

72. To extend preschool coverage:

• Public kindergartens were established in all education regions;

• More than 1,000 preschool teachers were recruited;

• Public kindergartens were provided with textbooks for pre-arithmetic, pre-maths and pre-reading activities.

73. To promote inclusive education, textbooks in Braille and sign language have been introduced. A subregional forum (Togo, Burkina Faso and Niger) on inclusive education was organized in 2016.

74. Generally speaking, several measures have been implemented with a view to consolidating the Togolese education system:

• Provision of 3 million textbooks to 4,358 public primary schools under the Education and Institution-building Project with the support of l’Agence Française de Développement and the Islamic Development Bank (2013);

• Validation of preschool and primary education curricula (2014);

• Construction and equipment of several school buildings nationwide, including 200 under the Education and Institution-building Project, with the support of the World Bank (2012-2014), and the others by the NGO BØRNEfonden and religious institutions;

• Establishment of five teacher training colleges;

• Sponsorship of children by the NGOs BØRNEfonden, Aide et Action, Plan International Togo and l’Organisation de la Charité pour un Développement Intégral.

Universal primary education; access of girls and women to education; reduction of dropout rate in primary schools (Recommendations 100.75, 100.77 to 100.78 and 100.81)

77. More and more girls are attending school. According to a study by UNFPA, 87 per cent of girls and 98 per cent of boys are enrolled in primary education. There are two reasons for these figures — free primary education which prompts parents to send their children to school and a change in mentality, particularly in rural areas, where sending a girl to school is no longer taboo.

78. To consolidate these achievements further steps have been taken:

• Allocation of 1,016 scholarships and school supplies to girls from communities with low enrolment rates, with the support of UNESCO (2014);

• Awareness-raising among traditional and customary leaders of traditional practices harmful to girls leading to the Notsé declaration of 14 June 2013, whereby they undertake to proscribe customary practices preventing girls from attending school, including keeping them in convents (118 children removed from convents to be enrolled in school (2014 and 2016));

• Setting up of school canteens in 308 pilot schools for 85,000 students (2008-2015);

• Introduction of a system where classes are organized in subcycles thus preventing repetitions between cycles in order to lower the dropout rate;

• Distribution of 400 school kits and granting of 500 scholarships for the best secondary school pupils (2012 and 2013).

G. Rights of specific groups

Women’s rights

Protection of women; cultural or traditional customs and practices that incite violence or discrimination against women; female genital mutilation; forced and early marriage; widows, levirate and slavery (Recommendations 100.30, 100.37, 100.39, 100.40 to 100.44, 100.57 and 100. 58 and 100.60 to 100.62)

79. The Personal and Family Code prohibits customary practices that constitute violence or discrimination against women, especially discriminatory practices against widows, levirate and sororate (art. 411). The age of marriage is now 18 years for both sexes (art. 43). The law does not take into account the nature or the origin of assets and does not distinguish between the sexes in the settlement of estates (art. 414). It should also be noted that the provisions of article 99 of the Family Code now give responsibility as head of household to both spouses.

80. A national communication strategy targeting cultural or traditional practices that incite violence or discrimination against women, including female genital mutilation, as well as early marriage has also been implemented with the support of UNICEF. The strategy focuses on the involvement of the primary representatives of decentralized administrations and grass-roots organizations, namely prefects, traditional chiefs and religious leaders, representatives of the various religious denominations and village development committees. For example, eight regional consultations and two national consultations were organized and led to the signing of commitments by these different opinion leaders to become more involved or take initiatives to eradicate traditional practices harmful to children.

Rights of the child

Combat trafficking in children and child labour (Recommendations 100.28, 100.64 and 101.12)

86. Specific provisions on trafficking in children are contained in the Children’s Code (arts. 411-420) and the new Criminal Code (arts. 317, 319 and 320).

87. Under the priority solidarity fund project implemented by the French Embassy in five countries of the Gulf of Guinea, training on trafficking, victim protection and on the procedure for prosecuting perpetrators was organized for 21 judges and criminal investigation police officers, who subsequently replicated the training for 150 gendarmerie cadets (2014). In 2015, the process culminated in a discussion workshop with around 100 participants from five countries whose purpose was to consolidate police and judicial cooperation at the regional level and to encourage an exchange of experience and good practices among participants.

88. Concerning the inclusion of the 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, under the coordination of the Ministry of Social Action, an annual report on child protection is now produced, which provides information on all key child protection indicators and takes into account both the sale and abduction of children. Combat the violence, abuse and sexual exploitation of children (Recommendations 100.66 and 101.13)

89. Various programmes encompassing prevention and care activities are under way with technical and financial support from UNICEF, international NGOs and civil society organizations. They include:

• The Child Protection and Empowerment of Adolescents Programme (2014-2018);

• The National Programme to Combat Teenage Pregnancies in School and Non-school Settings (2015-2019);

• A project promoting a fulfilling environment for learning and education among children and young people in Togo, the “Eduquer autrement I” (Educate differently I) project run by BØRNEfonden for 2011-2014 in the Maritime Region, parts of the Plateaux and Kara Regions, and the “Eduquer autrement II” (Educate differently II) project currently being rolled out in certain locations in the Kara and Plateaux Regions train teachers in non-violent education methods through alternative measures;

• National guidelines on juvenile justice in Togo in 2015;

• Projects on gender-sensitive education without violence and on promoting the rights of adolescents to sexual and reproductive health;

• A communication strategy on cultural practices that are harmful to children. A/HRC/WG.6/26/TGO/1 GE.16-14249 21

90. Regarding prison officers and other professionals, the following initiatives have been taken:

• Introduction of a module on the rights and protection of the child in basic and continuing training for security forces, prison officers and social workers;

• Drafting of a protocol for dealing with children who are victims of abuse, violence and exploitation;

• Appointment of juvenile judges in most courts;

• Drafting of guidelines for dealing with child offenders. Adopt the national policy to protect children; national plan of action on children’s rights (Recommendations 100.28 and 100.29)

91. A study carried out in 2013 and 2014 revealed that the data contained in the national child policy document drafted in 2008 were inadequate. To remedy this situation, a new national child policy document is being drafted that takes into account the new developments.

Amend legislation relating to the rights of women, children and persons with disabilities, in line with international obligations (Recommendation 100.12)

92. The process of harmonizing national legislation which resulted in the adoption of the new Criminal Code and the new Personal and Family Code has helped to take greater account of the rights of children, women and persons with disabilities.

National committee on the rights of the child (Recommendation 100.24)

93. A Committee composed of representatives of ministries, civil society organizations and technical and financial partners was established for the preparation of a draft decree on the composition, organization and functioning of the national committee on the rights of the child, as provided for in the Children’s Code. Principle of non-discrimination against vulnerable children particularly girls and children with disabilities (Recommendation 101.3)

94. Article 5 of the Children’s Code covers the principle of non-discrimination.

Rights of persons with disabilities

Address the exclusion of persons with disabilities; education of children with disabilities (Recommendations 100.45 and 100.46, 100.64, 100.79 and 100.80)

95. Several measures have been adopted:

• Approval of the National Strategy for the Protection and Promotion of Persons with Disabilities and its Operational Plan for 2013-2015;

• Approval of a document on inclusive access to the employment market (2014);

• Implementation in the prefectures of several community-based rehabilitation projects for children with disabilities to identify and provide assistance with social and educational care, sign language and motor activities for 3,000 children, including 1,300 girls;

• Construction of five community-based rehabilitation centres;

• Training of 34 officials in sign language; A/HRC/WG.6/26/TGO/1 22 GE.16-14249

• Training on inclusive education for groups of national trainers, including three in sign language and three in Braille, who are responsible for training trainers at regional levels;

• Subsidies of CFAF 20 million per year for special schools.

96. Measures taken to promote inclusive education:

• Specialized training for teachers in order to improve the management and integration of children with disabilities in all regions;

• Experimentation of inclusive education with the support of Handicap International and La Fédération Togolaise des Associations des Personnes Handicapées (the Togolese Federation of Associations of Persons with Disabilities) in the Savanes and Kara Regions;

• Training in inclusive education in the Savanes and Kara Regions: 243 teachers and 1,200 trainee teachers (69 in Braille, 102 in sign language, 38 in intellectual disability).

Protection of vulnerable groups (Recommendations 100.47 and 100.73)

97. Measures adopted:

• Establishment with assistance from partners including Terre des Hommes, UNICEF, Plan International-Togo, the National Solidarity Agency, national NGOs and private companies of a centralized system for identifying and indexing vulnerable children and victims of abuse;

Forced labour: prostitution and trafficking (Recommendation 100.65)

100. The new Criminal Code punishes the procuring (arts. 338 et seq.) as well as trafficking and forced labour of children. Noteworthy results obtained are:

• In 2012, of the 110 recorded cases of trafficking in children, 106 were investigated and led to 80 prosecutions and 69 convictions;

VI. Priorities and the way ahead

Education

• Strengthening the entire education system;

• Tailoring training to employment;

• Building and equipping school facilities;

• Gradual expansion of inclusive education;

• Reforming vocational training through apprenticeships;

• Building the capacity of public officials in functional literacy;

• Developing and implementing a national blueprint for functional literacy.

Rights of specific groups

• Finalizing and implementing the National Policy on Child Protection;

• Adoption and implementation of the National Policy on the Child Welfare System;

• Establishment of the Committee on the Rights of the Child;

• Stepping up efforts to combat violence against women and girls;

 

Compilation of UN information

I. Background and framework

A. Scope of international obligations

 1. International human rights treaties

1.     In 2013, the Committee on Economic, Social and Cultural Rights, and in 2012, the Committee against Torture, the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child, encouraged Togo to consider ratifying ICRMW

B. Constitutional and legislative framework

3. The Committee against Torture recommended that Togo adopt the new Code of Criminal Procedure. The Committee on the Rights of the Child made a similar recommendation. The Committee on the Elimination of Discrimination against Women recommended once again that Togo bring domestic provisions in line with the Convention and ensure that all discriminatory provisions be reviewed and repealed.

4. The Committee on the Rights of the Child urged Togo to ensure that all rights enshrined in the Convention were integrated into the Children’s Code, repeal contrary provisions and adopt the implementing regulations for the Code.

6. The Committee on the Rights of the Child remained concerned that corruption continued to be pervasive. 18 The Committee on Economic, Social and Cultural Rights recommended that Togo adopt an anti-corruption law and enforce compliance with article 145 of the Constitution on the declaration of property and assets.

C. Institutional and human rights infrastructure and policy measures Status of national human rights institutions

7. The Committee against Torture was concerned that the budget of the national human rights commission had reportedly decreased by 20 per cent since 2008. It recommended that Togo provide the Commission with sufficient financial, human and material resources. The Committee on the Rights of the Child raised similar concerns and reiterated its recommendations

10. The Committee on the Rights of the Child noted with concern that the National Committee on the Rights of the Child, provided for in the 2007 Children’s Code as the coordinating body for the implementation of the Convention, had not yet been set up.

I. Implementation of international human rights obligations, taking into account applicable international humanitarian law

A. Equality and non-discrimination

20. The Committee on the Rights of the Child expressed concern that, in cases of repudiation, women lost custody of their children.

25. The Committee on the Rights of the Child was concerned that 50 per cent of children were not registered at birth. It urged Togo to ensure that birth registration was free and compulsory in practice. The Committee recommended that Togo guarantee that children without a birth certificate were not deprived of access to education, health care and other social services.

26. The Committee on the Rights of the Child was concerned about the prevailing societal attitudes conducive to the stigmatization of children with disabilities and that even led to infanticide.

B. Right to life, liberty and security of the person

34. The Committee on the Rights of the Child was concerned that children in conflict with the law were often kept with adults in police stations and detention facilities and regularly subjected to ill-treatment by prison officials.  It urged Togo to ensure that children be immediately removed from adult detention facilities and placed in a safe, child sensitive environment

38. The Committee on the Elimination of Discrimination against Women reiterated its recommendation to put in place a strategy to eliminate harmful practices against women. The Committee on the Rights of the Child and the Committee on Economic, Social and Cultural Rights made similar recommendations.

39. The Committee on the Rights of the Child was concerned that early and forced marriages continued to be widely practiced throughout Togo and that prosecution of those who married children had not been given priority.

40. While noting that female genital mutilation was criminalized and had significantly decreased, the Committee on the Rights of the Child was concerned that the practice was still widely practiced in certain communities and that perpetrators were not brought to justice. It urged Togo to empower practitioners of female genital mutilation to find an alternative source of income.  The United Nations Educational, Scientific and Cultural Organization (UNESCO) recommended that Togo take further steps towards to prohibit the practice and conduct campaigns on gender equality

42. The Committee on the Rights of the Child expressed concern that prostitution of children above 15 years was not considered a crime, 87 and that hundreds of children continued to be openly exploited into prostitution in Lomé, in particular at a place called the “child market”.

43. While welcoming the significant efforts to prevent the killing of children born with disabilities, malformations or skin discoloration and children born with teeth or whose mothers died during child birth, the Committee on the Rights of the Child remained concerned that such killings still occurred. It urged Togo to prosecute those responsible for such crimes.

44. The Committee on the Rights of the Child was concerned that the sexual harassment and rape of girls in schools were so widespread.90 It urged Togo to ensure inspections of school facilities and establish clear reporting systems for cases of violence in schools.

45. The Committee on the Rights of the Child expressed concern that corporal punishment remained socially accepted and widely practised in schools and in the home.

46. The Committee on the Rights of the Child was concerned that children, including girls as young as 9 years, performed domestic work over very long hours and were subjected to violence, and that numerous children were involved in hazardous work, notably children known as “porters”. The Committee on the Elimination of Discrimination against Women expressed similar concerns. The Committee on Economic, Social and Cultural Rights urged Togo to implement the National Plan of Action to Combat Child Labour.

47. The Committee on the Rights of the Child reiterated its concern at the large number of children living on the streets.

48. The Committee on the Rights of the Child was concerned that children from poor and rural areas continued to be particularly vulnerable to trafficking inside and outside Togo, that internal trafficking, which often took place through the practice of “confiage”, continued to be neglected, and that prosecution of traffickers was rare and some traffickers obtained release owing to the corruption of State officials.

50. The Committee on the Rights of the Child recommended that Togo criminalize the sale of children, in particular for the purpose of illegal adoption, and the transfer of children’s organs for profit.

51. The Committee on the Rights of the Child urged Togo to adopt without further delay the National Child Protection Policy

C. Administration of justice, including impunity, and the rule of law

58. The Committee on the Rights of the Child was concerned that the practice of out-of court settlement and compensation in sexual abuse cases remained widespread and often encouraged by law enforcement authorities. It was also concerned that, in some instances, information that could lead to the identification of the child victim had been disclosed by the judges. The Committee urged Togo to provide children with adequate legal and other assistance throughout the legal proceedings.

60. The Committee on the Rights of the Child was concerned that only one juvenile court existed in Togo

D. Right to privacy, marriage and family life

62. The Committee on the Rights of the Child urged Togo to ensure that the best interest of the child was always the primary consideration in cases of adoption.

E. Freedom of expression, association and peaceful assembly and right to participate in public and political life

66. The Special Rapporteur recommended that Togo conduct prompt and impartial investigations in cases of violence, intimidation and harassment against human rights defenders and hold perpetrators accountable. The Committee on the Rights of the Child urged Togo to implement the recommendations of the Special Rapporteur.

G. Right to social security and to an adequate standard of living

75. The Committee on the Rights of the Child expressed concern that more than two thirds of children and their families were still living below the poverty line. The Committee on Economic, Social and Cultural Rights recommended that Togo ensure that the accelerated growth and employment creation strategy was given sufficient priority and resources to combat poverty in rural areas and the most deprived regions. The Committee on the Elimination of Discrimination against Women urged Togo to elaborate poverty education strategies integrating a gender perspective and taking account of the specific needs of rural women

76. The Committee on Economic, Social and Cultural Rights noted with concern that a large proportion of the population of Togo enjoyed no form of social protection, despite the passage into law in 2011 of the Medical Insurance Act and the Social Security Code. The Committee on the Rights of the Child recommended that a national system of social protection be built.

H. Right to health

82. The Committee on Economic, Social and Cultural Rights noted the high cost of health care for households, public health problems such as malaria and diarrhoeal diseases, and infant and maternal mortality rates. It urged Togo to increase the resources allocated to the implementation of the national health policy adopted in 2012.The Committee on the Rights of the Child and the Committee on the Elimination of Discrimination against Women raised similar concerns and made similar recommendations.

84. The Committee on Economic, Social and Cultural Rights was concerned by the high prevalence of HIV in Togo, especially among vulnerable groups. The Committee on the Elimination of Discrimination against Women recommended that Togo strengthen the provision of free anti-retroviral treatment to all men and women living with HIV/AIDS. The Committee on the Rights of the Child urged Togo to reinforce preventive action among young people, and ensure that the necessary budget was allocated to the HIV/AIDS education programme provided in secondary schools

85. The Committee on the Rights of the Child urged Togo to adopt a reproductive health policy for adolescents. The Committee on the Elimination of Discrimination against Women called on Togo to address teenage pregnancies and promote widely education on sexual and reproductive health and rights, by incorporating it into the school curricula.

I. Right to education

86. UNESCO noted that Togo had strengthened its educational system through several plans, including the Plan sectoriel de l’education 2010-2020. Nevertheless, Togo had not taken further steps towards facilitating access to education for children with disabilities and had neither taken additional steps towards including human rights in the curriculum nor adopted measures for the elimination of practices and customs that discriminated against A/HRC/WG.6/26/TGO/2 14 GE.16-14493 women, especially female genital mutilation.155 It recommended that Togo create additional favourable conditions to facilitate access to education for persons with disabilities, especially girls.

87. The Committee on the Rights of the Child was concerned that one third of children had no access to primary education.157 It was concerned that the portion of budget allocated to education remained insufficient for the effective implementation of the abolition of school fees.

88. UNESCO recommended that Togo continue taking the necessary steps to achieve universal primary education, combat illiteracy and reduce the dropout rate in primary schools.

89. The Committee on the Elimination of Discrimination against Women was concerned about the high dropout rate of girls, the shortage of education facilities and qualified professionals, the existence of stereotypes in school textbooks and the high illiteracy rate among women. The Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child raised similar concerns. The Committee on the Elimination of Discrimination against Women invited Togo to ensure that girls and young women had de facto equal access to all levels of education, and to retain girls in schools, enforce a zero tolerance policy with respect to sexual abuse and harassment in schools and ensure that perpetrators were punished appropriately. It also invited Togo to abrogate circular 8478/MEN-RS, which forbade pregnant pupils from using school facilities.

90. The Committee on the Rights of the Child was concerned that an estimated one third of teachers, and up to 50 per cent in some regions, were volunteers who had no training and who depended on direct payment by parents. It was concerned that the portion of budget allocated to education remained insufficient for the effective implementation of the abolition of school fees.

J. Persons with disabilities

91. The Committee on the Rights of the Child was concerned that a high number of children with disabilities were deprived of access to education and health services and that a policy for integrating children with disabilities into mainstream schools had not yet been adopted

M. Right to development, and environmental issues

100. The Committee on the Rights of the Child recommended that companies operating in Togo be required to adopt measures to prevent and mitigate adverse human rights impacts of their operations in the country, including by their supply chain or associates.

 

Stakeholders' information

I.Information provided by the national human rights institution of the State under review accredited in full compliance with the Paris Principles

9. While welcoming the appointment of children’s judges, the NHRC noted some shortcomings, in particular the fact that the National Committee on the Rights of the Child provided for by the Children’s Code of 2007 has not yet been established, the persistence of forced marriage and other forms of violence and the inadequate child protection system. The NHRC recommended organizing training courses for children’s judges, setting up facilities for the education of children in difficult or dangerous circumstances and expediting the process of establishing the National Committee on the Rights of the Child.

14. With regard to the right to education, the NHRC observed the increase in the number of primary and secondary teachers.

II.Information provided by other stakeholders

3. Institutional and human rights infrastructure and policy measures

22. JS9, JS11 and JS12 recommended establishing the National Committee on the Rights of the Child.

C. Implementation of international human rights obligations, taking into account applicable international humanitarian law

 1. Equality and non-discrimination

28. As to women’s rights, JS10 was concerned that the Nationality Code does not allow women to transmit their nationality to a foreign spouse on an equal footing with men. JS10 recommended the deletion of the discriminatory legal provisions in the Code, which would allow women to enjoy full equality in terms of the transmission of their nationality to children and spouses and ensure that they do not automatically lose their nationality at the end of a marriage

30. IIMA recommended eradicating all forms of discrimination against children, including those living with HIV/AIDS.

2. Right to life, liberty and security of the person

47. JS9 stated that, following recommendations accepted during the first universal periodic review, child marriage and the pledging of children in marriage were banned in the Children’s Code. However, they are still practised in the name of tradition, particularly in the Kara Region and Dankpen Prefecture.  JS9 recommended that a multi-sectoral partnership be developed to mobilize resources at the national and community levels with a view to eliminating child marriage and that legislation be passed to set the minimum age for marriage at 18 years.

48. JS9 recognized the efforts made by Togo to implement the recommendations regarding child trafficking accepted at its first universal periodic review, including the creation of National Inclusive Finance Fund cooperation and with neighbouring countries. However, the practice remained a reality and, in January/February 2016, 50 child victims of trafficking were intercepted in central and northern Togo. JS9 recommended expediting the process of adopting the decree to establish the national commission to combat trafficking in persons.

 49. JS3 reported that children were exploited at markets, in houses and on the street. JS3 recommended taking legislative, regulatory and administrative measures to combat child trafficking and child labour.

 50. JS9 was concerned at the phenomenon of so-called “witch children”, in particular among the Losso people. Many children have been driven from their communities for supposedly having magic powers capable of causing harm. JS9 noted that legislation has yet to adapt to this reality. JS9 recommended documenting the phenomenon and including it in the national policy for the protection of children.

51. JS9 recommended the implementation of the recommendations accepted during the first universal periodic review, in particular the inclusion of the sale and abduction of children in the system for the collection of data on children in Togo.

3. Administration of justice, including impunity, and the rule of law

58. While welcoming the creation of 22 new children’s judges, JS3 regretted that there is only one Juvenile Division in Lomé, which functions as a preventive detention centre and prison.  JS9 noted that children are often detained for excessively long periods at the Juvenile Division, since they are frequently placed in preventive detention, despite it not being in their best interests. JS9 and JS3 recommended building juvenile divisions in the five regions of Togo.

6. Right to social security and to an adequate standard of living

77. FIAN noted that, despite the legislation in force, the right to food was an objective that has not yet been reached. Malnutrition, especially in children, is a problem in the phosphate mining area and among women who have left for the Lomé markets. Furthermore, phosphate mining has destroyed the economic system of the area, which is based on staple crops. FIAN recommended establishing social protection mechanisms to ensure that the right to food and nutrition is protected in the affected communities, adopting all necessary measures to prevent new phosphate mining projects from causing violations of these rights and implementing preventive mechanisms and mechanisms to improve the access to redress of communities under threat from and affected by phosphate mining.

8. Right to education

81. JS9 noted that, following recommendations accepted at the first universal periodic review, Togo has exempted pupils at public primary schools from school fees and implemented canteen pilot projects in some schools. Furthermore, 27.6 per cent of current spending is allocated to the education sector, which is much higher than the average for Africa. However, analyses show that nearly 7 per cent of children are still not able to go to school, nearly 23 per cent of those who are able to go to school drop out before the end of primary school, and the situation for girls is particularly concerning. As for grade retention, 21.5 per cent of children repeat a year at primary school, 22 per cent at secondary school and 35 per cent at high school. JS13 was concerned that, in some schools, a corresponding contribution is requested. IIMA recommended taking the necessary measures to ensure that primary education is free, the number of children in school increases, the school dropout rate is reduced and the quality of public education is improved.

10. Right to development and environmental issues

84. FIAN noted the dangers to the integrity and safety of persons in the phosphate mining area in the coastal region, which are due to, inter alia, floods, crocodiles and being buried alive during the production of gravel as well as the fact that mining activities destabilized social organization and communities. Furthermore, emigration to neighbouring countries, in particular the emigration of adult men, has increased as a result of the lack of reliable economic activities and the harsh living conditions in the area. Children and young people are idle because they do not go to school or follow a professional training course. Women often go to the Lomé markets to work in petty trade. They sleep in disused houses or in the streets around the markets. According to FIAN, women and children on the street fall victim to harassment and violence. They contract diseases through rape, which is a risk at the markets and on the street, and the unhygienic conditions in which they live.

Accepted and rejected recommendations

The following recommendations enjoy the support of Togo:

128.19 Accelerate the process to establish a national committee on the rights of children provided for in the Children’s Code (Gabon);

128.26 Ensure universal birth registration and take the necessary steps to achieve universal primary education and combat illiteracy (Slovenia);

128.27 Take the necessary measures to ensure that birth registration is obligatory and free for all children (Turkey);

128.29 Adopt and implement the national policies on child protection and on the child welfare system (Slovenia);

128.33 Develop and promote national policies in the field of child rights protection, in particular for vulnerable groups of the population (Tajikistan);

128.50 Strengthen its efforts to prevent and combat all forms of discrimination and violence against women, children and other vulnerable groups through the adoption of comprehensive legislation and awareness-raising campaigns (Italy);

128.52 Take legislative and statutory measures to eliminate all forms of discrimination against women, persons with disabilities and children affected by HIV/AIDS (Madagascar);

128.56 Prohibit harmful practices, including by adopting additional measures to fight against all forms of violence against women and girls (Slovenia);

128.58 Continue efforts to combat human trafficking, in particular exploitation of children and women, by stepping up the efforts to combat impunity of traffickers and regional cooperation (France);

128.59 Adopt effective prevention and education measures to end all cases of child marriage and female genital mutilation (Liechtenstein);

128.60 Prosecute all cases of child marriage and female genital mutilation and punish the perpetrators according to the law (Liechtenstein);

128.62 Step up efforts to combat violence against women and girls, including by promoting literacy among these groups (Zimbabwe);

128.63 Enhance its efforts aimed at improving the situation of the rights of the child, in particular efforts to eliminate early and forced marriage and child trafficking (Rwanda);

128.64 Strengthen actions aimed at ending child, early and forced marriage (Sierra Leone);

128.65 Separate children in conflict with the law from adults in police and detention facilities and place them in a child-sensitive environment (Zambia);

128.66 Urgently take legal, statutory and administrative measures against child labour (Central African Republic);

128.79 Investigate thoroughly cases of female genital mutilation and bring the perpetrators to justice (Russian Federation);

128.80 Thoroughly investigate and prosecute cases of sexual harassment and rape of girls in schools (Sierra Leone);

128.112 Improve the health-care system and specifically provide further measures on infrastructure and resources to maternal health, including midwife training, with a focus on health care for mothers and babies through pregnancy and childbirth (Albania);

128.114 Continue to strengthen the quality of education by building and equipping school facilities (Ethiopia);

128.115 Continue taking the necessary steps to achieve universal primary education (Georgia);

128.117 Seek the support of partners to pursue its efforts in the areas of the right to education and the right to health (Madagascar);

128.118 Continue to strengthen access to education through various programmes and initiatives for all children (Pakistan);

128.119 Take all necessary measures to ensure universal primary education, combat illiteracy and reduce the drop-out rate in primary schools (Portugal);

128.120 Continue taking the necessary measures to ensure universal primary education and to combat illiteracy in the country (Russian Federation);

128.121 Strengthen efforts at promoting inclusive education, including through regional initiatives (South Africa);

128.122 Continue its efforts in improving human rights in the country, especially education of girls (South Sudan);

128.123 Ensure inspections of school facilities and establish clear reporting systems for cases of violence in schools (Timor-Leste);

128.124 Continue the integration of human rights courses at all levels of education (United Arab Emirates);

128.125 Continue to reinforce its efforts towards attaining quality education at all levels (United Republic of Tanzania);

 128.126 Continue to consolidate its successful social plans, particularly its very successful education policy (Bolivarian Republic of Venezuela);

 128.127 Take further steps to ensure the right to education for all, especially through increasing the literacy rate (Viet Nam);

128.128 Give equal access to education, health care and other social services regardless of having birth certificates or not, to all children (Zambia);

128.129 Adopt a law aimed at promoting access to education and health services for all children with disabilities (Congo);

128.132 Continue to make efforts to progressively introduce an inclusive education system for the children with disabilities (Pakistan);

128.134 Continue its efforts in the area of human rights, particularly in providing elementary education for all, and combat illiteracy (Libya);

128.135 Investigate cases of killings related to children born with disabilities and bring to justice those responsible for such crimes (Zambia); 

129.6 Adopt and implement human trafficking legislation with a special focus on protecting children, in line with Togo’s obligations under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (United Kingdom of Great Britain and Northern Ireland);

129.11 Complete the process of creating a coordination body to implement the Convention on the Rights of the Child (Turkey);

129.12 Adopt laws guaranteeing compulsory birth registration (Lebanon);

129.13 Ensure that birth registration is free and compulsory in practice and guarantee that children without a birth certificate are not deprived of access to education, health care and other social services, in line with the recommendation of the Committee on the Rights of the Child (Namibia);

129.14 Swiftly implement the provisions in the new Criminal Code, aiming at the elimination of the practice of female genital mutilation (Portugal);

129.17 Ensure the abolition of all forms of early and forced marriage, including through increasing the minimum age of marriage to 18 for girls (Botswana);

129.18 Implement rigorously the legislation establishing the minimum age of marriage at 18 years old (Central African Republic);

129.20 Introduce criminal liability for trafficking in children, in particular with the purpose of adoption and sale of organs of children (Russian Federation);

The following recommendation has been noted by Togo:

130.1 Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Montenegro) (Portugal).

The following recommendations did not enjoy the support of Togo:

131.9 Strengthen the laws to ensure that sexual orientation and gender identity are included among the grounds for prohibition of discrimination in order to prevent impunity in acts of discrimination based on those grounds (Chile);