A/HRC/45/8/Add.1
83.
The Togolese education, gender and health ministries developed a National
Programme against Child Marriage and Teenage Pregnancy which was implemented in the
period between 2014 and 2019 and was not extended further. The programme’s
multisectoral approach was centred on five areas: improving legal frameworks, keeping
adolescent girls in the education system, providing adolescent-friendly information and
sexual and reproductive health services, encouraging adolescent girls’ leadership, and
strengthening the capacity of families, communities, and traditional and religious leaders.
Furthermore, as a member of ECOWAS, Togo has adopted the Strategic Framework for
Strengthening National Child Protection Systems, which prioritizes protecting children
from marriage.
84.
The judicial system of Togo is based largely on the French model,37 with a network
of ordinary and specialized courts, including one specialized juvenile court in Lomé. The
country has 39 prefectures, 30 tribunals, 2 appeal courts and a supreme court. Juvenile
justice is delivered in all ordinary courts of first instance, with juvenile judges presiding
over the proceedings. The Court of Appeal has a special chamber for minors. Article 151 of
the Labour Code provides that “subjecting children to the worst forms of labour is
punishable by criminal penalties”. The ordinary courts are responsible for prosecuting cases
relating to child labour.
85.
The Special Rapporteur was informed that all 30 first instance courts had juvenile
judges appointed. This includes 25 dedicated juvenile judges and an additional number of
judges serving in this capacity. These specialized judges are responsible for following up
on judicial processes related to the rights of the child. They have the power to preside over
criminal cases, when children are accused of committing offences, and over administrative
proceedings, when children are at risk and in need of protection.
86.
The Special Rapporteur was made aware that the juvenile courts in Togo continue to
lack capacity to deliver justice to children effectively. This appears to be consistent with the
2019 report of the Committee against Torture, signalling the insufficient number of judges
in Togo and the slowness of the judicial system.38
87.
Togo has a National Human Rights Commission which is in line with principles
relating to the status of national institutions for the promotion and protection of human
rights (the Paris Principles). 39 This Commission continues to raise awareness regarding
ratified instruments relating to human rights violations. While it is focused largely on issues
related to child trafficking, rather than child labour, it accepts complaints on all human
rights issues, including as submitted by individual actors. The National Human Rights
Commission is also part of the National Committee on the Rights of the Child.
Tackling harmful social attitudes and practices
88.
The Special Rapporteur welcomes information received from the Government and
civil society actors regarding a number of initiatives focused on raising awareness among
various stakeholders about the negative consequences of child labour and child marriage.
Systematic and quality sensitization programmes targeting parents, religious and local
community leaders, government actors, business owners and children themselves should be
rolled out, given the wide-scale social acceptance of child labour, child marriage and other
harmful practices.
89.
The Special Rapporteur welcomes initiatives by the National Human Rights
Commission focused on raising awareness about anti-trafficking standards in the country at
the national and the regional levels, including by involving religious leaders. At the same
37
38
39
14
The country’s justice system underwent a reform in October 2019. The present report is based on
information received during the Special Rapporteur’s visit.
CAT/C/TGO/CO/3, para. 18.
Reaccreditation of this institution took place in October 2019; see
https://nhri.ohchr.org/EN/AboutUs/GANHRIAccreditation/Documents/SCA%20Report%20October
%202019%20English.pdf.
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