Committee on the Rights of the Child reviews report of Togo

Committee on the Rights of the Child
23 January 2012

The Committee on the Rights of the Child today reviewed the combined third and fourth periodic report of Togo on its implementation of the provisions of the Convention on the Rights of the Child.

Yacoubou Koumadjo Hamadou, Minister of Arts and Culture of Togo, said that Togo had a population of 6.1 million, of which 48 per cent were children, and while there were challenges to overcome, it was committed to working towards the happiness and welfare of its children to meet the objectives of the Convention and its Optional Protocols. To date reforms included various items of legislation to protect children, raising the marriageable age to 18 and the criminal liability age to 14, a campaign on birth registration which enabled 150,000 primary school children to be registered for the first time in their lives, and training of officials such as teachers, lawyers and community leaders. Harmful traditional practices, such as female genital mutilation, infanticide of children with disabilities and forced early marriage, were being tackled, and the National Youth Council, represented in all the regions of Togo through 370 youth clubs, involved children in combating violence towards them. The Government was committed to meeting Millennium Development Goals five and six on combating malaria, sexually transmitted diseases including HIV AIDS, and immunization.

Hatem Kotrane, the Committee Expert acting as Rapporteur for the report of Togo, said that the Committee must consider the context that had handicapped Togo in recent years. The country had been gripped by conflict and ongoing tensions, it had one of the lowest human development index ratings, which had raised poverty levels, and half of the population were children. However, the difficult context must not prevent the country from making progress. He welcomed legislative and administrative developments, but said ongoing causes for concern included early and forced marriage, discrimination against girls and children with disabilities and the lack of an independent complaints commission.

Experts also raised questions about school infrastructure, juvenile justice, adoptions, corporal punishment and combating HIV AIDS and harmful traditional practices such as female genital mutilation.

The Committee and delegation will make concluding remarks at the end of tomorrow’s meeting on Togo’s initial report on the Optional Protocol on the sale of children, child prostitution and child pornography. The Committee’s concluding observations and recommendations on the report will be released towards the end of the session, which will conclude on 3 February 2012.
The delegation of Togo included representatives of the Ministries of Arts and Culture, Social Action and National Solidarity, Justice, Security and Civil Protection, Education, Protection of Women, Human Rights, Health, Finance and of the Permanent Mission of Togo to the United Nations Office at Geneva.

The next meeting of the Committee will take place at 10 a.m. on Tuesday 24 January 2012, when the Committee will examine the initial report of Togo on the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/TGO/1). At 3 p.m. that day the Committee will start its review of the combined third and fourth periodic report of Thailand (CRC/C/THA/3-4).
Report of Togo

The combined third and fourth periodic report of Togo can be read via the following link: (CRC/C/TGO/3-4).

Presentation of the Report

YACOUBOU KOUMADJO HAMADOU, Minister of Arts and Culture of Togo, said Togo had a population of 6.1 million, of which 48 per cent were children; a youth population of 2.9 million, according to the 2010 census. Togo’s recent history was marked by socio-economic crisis, but a 2006 agreement had led to a calmer political environment and a resumption of international cooperation. The Togolese Government since 1990 had ratified 17 conventions relating to human rights, and started wide-ranging legislature reform. In addition to the 1992 Constitution, which contained articles on the promotion and protection of human rights, new laws including the Childhood Code and the Labour Code had been passed, while national organs had been established to deliver new policies. They included the National Human Rights Commission, the National Committee for the Rights of the Child, and committees on trafficking prevention, regulation of adoption, abolition of child labour, family health and drug addiction. Professionals such as lawyers, teachers, journalists, the judiciary, community leaders and children had received training in the Convention. In 2011 a national campaign on birth registration enabled 150,000 primary school children to be registered for the first time in their lives.

Harmful traditional practices, such as female genital mutilation, infanticide of children with disabilities and forced early marriage, were being tackled. For example, the 1998 law banning female genital mutilation had led to a decrease in victims from 12 per cent of girls in 1998 to 3.9 per cent in 2010. The Complete Sexual Education programme in schools educated children, especially girls, on the risks of sexual violence and exploitation, while the National Youth Council, represented in all the regions of Togo through 370 youth clubs, involved children in combating violence towards them. Measures to prevent violence against children included a Child Help Hotline through which violations and abuse could be reported. The right to education faced socio-cultural constraints, problems with school infrastructure and a lack of qualified teachers. Those problems were even more serious for children with disabilities, despite a policy of inclusive education. However, a reduction in secondary school fees for girls helped more stay in education beyond primary level.

Children had free access to healthcare, and the Government was committed to meeting Millennium Development Goals five and six on combating malaria, sexually transmitted diseases including HIV AIDS, and immunization. In particular measures to reduce the HIV AIDS infection rate in Togo – particularly mother to infant – had contributed to a drop in transmission from 20 per cent in 2005 to 7.5 per cent in 2010. Juvenile justice was an important area of reform, especially opening of children’s courts and training for specialist judges. The notion of the protection of children within the family home was also a priority, promoted through awareness-raising on the need to keep children within the family, which also related to the National Plan on Adoption. An awful lot remained to be done for children, and Togo had difficult constraints to overcome, but the Government was determined to work towards the happiness and welfare of all of its children in order to meet the objectives of the Convention and its Optional Protocols.

Questions from the Experts

HATEM KOTRANE, Committee Expert acting as Rapporteur for the report of Togo, said that the Committee must consider the context that had handicapped Togo in recent years. The country had been gripped by conflict and ongoing tensions, it had one of the lowest human development index ratings, which had raised poverty levels, and half of the population were children. However, a difficult context must not prevent a country from making progress. The Committee welcomed developments such as the 2007 Childhood Code, which implemented the Committee’s previous recommendations; the 2009 law on the Abolition of the Death Penalty; the 2006 Labour Code; a 2005 law on Trafficking of Children and the 2009 law on Civil Status. Togo had ratified several international instruments – in fact, almost all of the human rights treaties and mechanisms – as well as International Labour Organization standards and the Hague Conventions on the Protection of Children and on Adoption. A National Committee for the Rights of the Child had been formed. Overall the legislative and administrative frameworks of Togo were good and were in line with the Convention.

Ongoing causes for concern included significant delays in the revision of the Family Code, the Criminal Code and the Personal Status Code. The Government had not yet implemented the Childhood Code because of a lack of resources and a weak judicial system. Mr. Kotrane asked when the National Committee for the Rights of the Child would become operational. The National Independent Commission needed to be more child focused to allow children’s complaints to be heard and responded to. The Committee welcomed the increase of the legal age for marriage to 18 for both boys and girls, but Mr. Kotrane noted that a foreign child who married a Togolese man or woman could gain Togolese nationality, which permitted early marriage of foreign children. Early and forced marriage was still widely practiced. The principle of discrimination was limited to Togolese citizens, while discrimination against children, specifically girls and children living with disabilities, was ongoing.

An Expert asked about children’s consent to marriage, and how a child who had not been registered at birth had their age established prior to marriage. At least 20 per cent of girls under the age of 18 were married, with a far higher proportion in rural areas. Despite the change in law, child marriage continued. If girls attended school for longer they were less likely to get married. What was being done to help girls stay in school? Furthermore, there seemed to be complete impunity for orchestrators of early marriage. The practice of children being given away to be married, in exchange for money or to settle debts, continued. Many of those children handed over for early marriage were forced into polygamous unions. The Committee had raised the issue of legal polygamy in Togo before. Polygamy was extremely harmful, not only to women but specifically to adolescents and to the children born out of polygamous marriages, who did not have much status. What was the Government doing to overcome that serious phenomenon?

Could the delegation comment on the problem of domestic violence? There appeared to be no laws against domestic violence or violence against women and children. Marital rape was not illegal either. What was the position of women with regard to inheritance?

Children with disabilities were very vulnerable to abuse and violence. What was being done to protect children with disabilities living in institutions and communities, and to promote a positive image of children with disabilities as equal citizens and contributors to society?

Approximately 50 per cent of children in Togo were not registered at birth, leaving their age very much in doubt. If children were not registered they could not access their rights. The Government said that the main obstacle was the cost of birth registration. Would free birth registration, also free of corruption, be an option?

Corporal punishment was not allowed under the Children’s Code, but corporal punishment in the family environment was common. In 2006, a United Nations Children’s Fund report showed 90 per cent of children said they had suffered corporal punishment. Had there been any jurisprudence in that area and had any cases of corporal punishment been prosecuted?

An Expert spoke about the active civil society in Togo, but noted that some human rights defenders – particularly women – faced negative pressures, mockery, derision and stigmatization from their families and communities, and were often called ‘home breakers’, ‘bad mothers’ and other derogatory names. Women human rights defenders were generally also very keen defenders of children’s rights. What was the Government doing to change discriminatory attitudes against human rights defenders?

Response from the Delegation

The delegation said the Togolese Government was determined to transpose ratified Conventions into its legislation and complete reforms to other laws, including the Family Code, which was currently being analysed by the National Assembly. Togo was overhauling most of its legislation and justice system; as a result there had been delays. The Government would do everything in its power to speed up the process.

The National Human Rights Commission was a constitutional body. The Commission had the power to examine complaints of rights violations but children were not making complaints. That would only come when the population learnt about the Convention and what complaints they could make. Dissemination of the Convention suffered from the lack of means, but the Government used other strategies, such as para-legal experts with French legal training, who travelled throughout the country explaining the Convention to local communities.

In the past civil society members were considered to be members of the political opposition. Today that had changed, but the attitudes of society needed to be changed as well. A delegate agreed with the Committee that the difficulties civil society faced were real, but the Government was working to help them operate in a more cooperative environment.

The Criminal Code would take into account violence against women, something the Government was deeply concerned about.

A delegate told the Committee that in addition to the political crisis, Togo had been the victim of natural disasters. One night, Togo was split into two after a terrible downpour broke 11 bridges. Entire areas of the country were completely split away from the capital. The Government wanted to make fast progress in improving human rights in general and children’s rights specifically.

Regarding children living with disabilities, current legislation was being reviewed, while the Government worked with grass-roots organizations, conducting awareness-raising door to door at the community level. The Government had set up specialised committees for child protection within communities, staffed by local leaders and specialized personnel. Those Committees operated to better protect children with disabilities while taking into account cultural sensibilities.

Importantly the Government recently set up youth councils, staffed by students and children, which worked to empower children in their rights, making decisions and giving opinions on reform. Those councils were most active in school holidays. Children had been consulted on the drafting of the Children’s Code, via civil society, and indeed some of their amendments were included in the final document. That code also specified that children’s opinions could be heard in legal proceedings, so a judge must listen to a child’s opinion in any case concerning that child. The free Child Help Hotline allowed children and adults to make complaints about abuses or violations of children’s rights, and receive advice and support.

Togo was engaged in a range of actions to prevent early marriage, particularly awareness-raising with community and religious leaders, to eradicate the traditional belief that it was best to marry girls off. Girl First Clubs and other initiatives supported by the United Nations Children’s Fund helped girls to stay in school, while a new project titled ‘Because I Am A Girl’ aimed to dissuade girls from entering marriage early. Messages were also spread through mass media, particularly local radio, with programmes which taught the importance of educating girls and avoiding early marriage.

Follow-Up Question from an Expert

An Expert appreciated the efforts of the State party to prevent early marriage, but regretted that it still happened. He quoted an example of the prefecture of Dankpem, 76 cases of forced marriage on children aged between 12 and 17 were reported, but no action was taken against perpetrators, who understood the harm of their actions but just promised not to do it again.

Response from the Delegation

A delegate replied that difficulties in the field were not always visible from a long way away, and explained that parts of the Togolese population were reluctant to take on new practices. The practices the Committee objected to were acceptable to many conservative communities. If the Government prosecuted perpetrators of such acts then the community would turn against it, social pressure meant that parents of victims would ask for proceedings to be dropped, and prosecution would cause crisis in those communities while stigmatizing the victim and her family. The original sin was in people’s mindsets; perpetrators needed to know their acts were illegal but the Government also had to maintain the social peace. Togo understood the Committee’s concerns, but it was difficult to enforce certain principles of the Convention. Awareness-raising took time.

Questions from Experts

HATEM KOTRANE, Committee Member acting as Rapporteur for the report of Togo, expressed concern about the delay in the abrogation of provisions that were discriminatory against women and girls, and the repudiation of women, who were forced to return to their parents’ home with their children. Did the Government have awareness-raising programmes to change stereotypes of the family roles played by mothers and fathers, the relationship of parents and children, and custody rulings?

Child labour was extensive in Togo, but the State party had not given any data on it. It was significantly worrying to hear about girls of nine who worked as domestic labourers, suffered long hours without a day of rest, poor pay and were subject to sexual and verbal violence. Many children performed dangerous duties, such as ‘porters’ in markets carrying heavy loads, or were exposed to pesticides in the agricultural sector. Many more children lived and worked on the streets: they were stigmatized, their rights were violated, they did not receive education and were not truly a part of society.

Children were not mentioned in the National Poverty Rate Action Strategy. Over two thirds of families lived under the poverty level, which meant many children were affected and should be targeted separately. One third of children did not attend school. Girls especially suffered discrimination, while child labourers and street children were stigmatized. It seemed a luxury to talk about children’s leisure time, but without the space to play and have a joyful childhood they could not be expected to become healthy adults. What steps were planned to tackle child poverty, and how could the State party provide better living standards, including leisure time, to children?

What was the Government doing to prevent the harmful practice of killing twin babies, who were often believed to be a taboo and a bad omen? Another harmful traditional practice, female genital mutilation, was still widely practiced in Togo. What did the Government intend to do about female genital mutilation committed outside of Togo, for example in Benin or Ghana, when the victim was brought back into Togo afterwards? What was the Government doing to prevent mothers themselves from committing female genital mutilation to their own babies, at birth?

Children in pre-trial detention were not kept separately from adults and police officers dealing with their arrest were not properly trained. Only two judges in Togo were specialised in childhood cases, and there was only one juvenile court. The age of criminal responsibility may have been raised to 14, but that was still low.

A high percentage of children were affected by HIV, but not all children who needed treatment received it. Around 265,000 pregnant mothers were known to be HIV positive, but many more had not been tested and lived with the disease, and the number of children born to HIV positive mothers had increased. There was a large proportion of AIDS orphans who had been neglected in the 2007 National Strategy Plan to fight HIV/AIDS.

How was education being improved within existing resources? Could the delegation comment on reports of teachers who exploited their pupils and forced them to work in return for lessons, or were guilty of widespread corporal punishment?

Response from the Delegation

If democracy and good governance were the goal Togo was striving for, then it must be noted that democracy involved the people’s respect and opinions, the delegation said. The Government had adopted a group of new bills which were currently before parliament, but 2012 was an electoral year and all political parties were fine-tuning their campaigns. Democracy was based on the will of the majority, and it must be accepted that the opinions of Togo’s people were not always in line with international demands.

Regarding children with disabilities, a delegate asked rhetorically whether a deaf child should be allowed to attend school simply to avoid accusations of discrimination, and said children with disabilities were not kept out of mainstream schools to protect them from being mocked or teased by other students. Togo needed specialised institutions, because children with disabilities must be handled in a special way. Today 215 boys and 274 girls attended special institutions, although some children with disabilities were hidden by their parents, who felt they dishonoured their family. Fees for public primary schools were abolished in 2008 and those schools were now subsidised by the State.

A Committee Expert intervened at that point in the dialogue and told the delegation that children must be taught that they were all equal, and that must start at school. Separating children with disabilities into ghettos put them at a disadvantage for their entire life, and allowed other children to view them as separate. The Expert said that in Togo children with disabilities were stigmatized and often doomed from birth. Those children had the same right to be educated in mainstream schools as other children.

A delegate responded that teachers were not trained to teach children with disabilities, and that schools were not structurally able to cater for them. More resources were needed, namely training for teachers, but the finances for that were not available yet, although inclusive education was part of the long-term national plan.

Early forced marriages should be punished by the Criminal Code. Children born from annulled forced marriages had the same rights as other children. Repudiation was taken into consideration, and was a breach against women’s rights. Violence against women and domestic violence would be included in the Criminal Code and the Family Code, but were not specific crimes yet. A related problem was that domestic violence victims were reluctant to make a complaint. A delegate said that part of the Poverty Reduction Strategy was based on gender equality and promoting women’s empowerment. All sexual stereotyping in the curriculum had been banished.

If a child of 13 years or younger committed murder he could not be prosecuted, but the children’s judge would take measures for the child’s education in a special state centre that cared for the educational needs of juvenile criminals. A child could not be held in custody for longer than 30 hours, and children under 16 were not sent to prison.

The health code compelled all doctors to report any ill-treatment or violence detected on children. Teachers had the same obligation. To prosecute corporal punishment it had to be an assault that was a clear attack punishable by law – a slap across the face could not be prosecuted by the courts. Teachers were banned from using a cane or anything else to inflict physical punishment. Some teachers still used the cane or the ruler but faced administrative sanctions. Parents needed to be educated in the necessary skills to raise their children. Togo was not a police state, so it was difficult to ensure the prohibition of corporal punishment – conscientious raising was the key tool.

The Government wanted to enable Togolese nationals to adopt children but did not want to discriminate against international adoptions. In any case the procedures were the same, but a delegate agreed that if costs remained at the current level they may discourage Togolese nationals from adopting.

The prevalence of female genital mutilation had fallen in recent years, as a result of awareness-raising. The Accelerated Campaign to Reduce Women’s Mortality in Africa had operated in Togo, particularly helping victims of fistula, a mutilation the Government was campaigning to eradicate. The high rate of maternal mortality related to the lack of qualified health staff and people living in remote areas. The Government was actively recruiting qualified staff and training others, and had also decreed a subsidy for caesarean section births. Mobile vaccination units and regular vaccination campaigns – particularly on malaria – were widespread. Family planning clinics provided free services and contraception, including the pill, condoms and others.

Measures to combat child labour included a national educational programme, funded by the United States, the use of labour inspectors and legislation. Recently over 500 children were removed from positions of labour and sent to school. Cases of sexual exploitation of children were being documented with a view to draw up a national programme to tackle this problem. A main cause of child labour was family poverty, so measures such as providing a school lunch helped to keep children in school, while financial support from the World Bank helped families to set up small businesses.

Child domestic workers were often assisted by non-governmental organizations, which provided training and counselling to help those children live a better life. Children often became domestic labourers after being taken from rural villages to cities, and ended up working ‘underground’. There was now a minimum salary for domestic workers to try and improve their working lives.

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