A/HRC/45/8/Add.1 prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms”. Domestic legal framework 19. Slavery is not explicitly prohibited in the Constitution of Togo. However, article 4 of the Labour Code, of 2006, prohibits forced and compulsory labour, with prescribed penalties of three to six months’ imprisonment. Furthermore, forced labour and other forms of exploitation are explicitly prohibited under article 338 of the Penal Code, of 2015: “Any person who, by whatever means, commits the offence of forced labour or services shall be punished by a penalty of 5 to 10 years in captivity and a fine of 5 million to 20 million CFA francs.” Slavery is explicitly mentioned in the same paragraph: “Any person who practises, facilitates or derives financial or material benefit from the slavery of others or a similar practice, as defined in article 150 of this Code, shall be punished by a penalty of 10 to 20 years in captivity and a fine of 10 million to 30 million CFA francs.” The sentence may be increased to up to 20 years in captivity if violence has been used. 20. Article 351 of the Penal Code prohibits working and living conditions contrary to human dignity. For example, the “provision of unpaid services or in exchange for remuneration clearly unrelated to the importance of the work performed” is prohibited if the “vulnerability or state of dependence” of the person performing the work is apparent or known to the employer. Similarly, article 353 of the Penal Code establishes that “any person who subjects another person to working conditions or conditions of accommodation contrary to the dignity of the person shall be punished by a prison sentence of one to five years and a fine of 1 million to 5 million CFA francs or one of these two penalties”. 21. Forced or servile marriage is prohibited under article 341 of the Penal Code. Offenders are liable to a penalty of three to five years of imprisonment and a fine of 1 million to 5 million CFA francs. 22. In 2007, Togo introduced the Children’s Code, which sets the minimum legal age for marriage at 18 years. However, marriage at 16 years is possible for serious cause with permission from judicial authorities and parental consent. The Special Rapporteur notes that the Government has been considering a revision of the Code to bring it into line with ratified conventions.11 23. Togo did not yet have a comprehensive strategy to eradicate child labour at the time of the visit, and the national action plan to end child labour, including the worst forms of child labour, had yet to be finalized. However, the Special Rapporteur was informed that since her visit in February 2020, the Government of Togo has validated a new National Plan to Combat the Worst Forms of Child Labour, for the period 2020–2024. 24. The National Child Protection Policy, which was adopted in 2009, includes 12 guidelines focused on supporting and strengthening the childcare capacity of families. These guidelines are aimed at identifying children at risk more effectively in order to meet their needs. 25. Forced begging is prohibited in Togo, and section 151 (1) of the Labour Code of 2006 prohibits forced labour, which is defined as one of the worst forms of child labour. According to the provision, children over 15 years of age can do light work but children under the age of 15 may not be employed unless an exemption is provided for by order of the Minister for Labour, taken after consulting the National Labour Council. Such decisions are taken after consideration of “local circumstances, and the tasks which may be required of them”.12 In this regard, employers are required to send a prior declaration to the Labour and Social Security Inspector, who has eight days to notify any disagreement. In addition, the ministerial order determining light work and prohibiting the employment of children in hazardous work adopted in 2007 was revised by Order No. 1556/MFPTRAPS of 22 May 2020 to reflect developments regarding worst forms of child labour in Togo. 11 12 CAT/C/TGO/3, para. 42. Art. 150 of the Labour Code; see www.ilo.org/dyn/natlex/docs/ELECTRONIC/75548/78675/ F152868207/code%20travail.pdf. 5