E/C.12/TGO/CO/1
The Committee recommends that the State party: (a) reinforce its legislation
promoting equality, in particular by abrogating all provisions that discriminate
against persons with disabilities and by introducing the obligation to provide
reasonable adjustments and to apply a quota system in employment; (b) establish a
system for collecting data on the situation of persons with disabilities; (c) continue
efforts to remove behavioural and physical barriers; and (d) provide sufficient
resources for the implementation of the national strategy for the protection and
promotion of persons with disabilities in Togo and its plan of action.
13.
The Committee regrets that provisions that discriminate against women were
maintained in the Individuals and Family Code of 2012, including the possibility of
applying customary law in matters of succession. The Committee is also concerned about
delays in the adoption of the revised Criminal Code, which includes a prohibition of all
forms of discrimination (art. 3).
The Committee recommends that the State party revise its legislation with a view to
amending any provisions that are discriminatory or likely to lead to discrimination
once enforced, and to ensuring that it prohibits any form of discrimination in the
exercise of economic, social and cultural rights. In this respect, the Committee draws
the attention of the State party to article 2, paragraph 2, of the Covenant and to its
general comment No. 20 (2009) on non-discrimination in economic, social and cultural
rights. The Committee furthermore calls upon the State party to speed up adoption of
the new Criminal Code.
14.
The Committee is concerned about the persistence of the many practices that are
harmful to women and girls listed in paragraph 317 of the State party’s report, such as early
marriage, forced marriage, or the exploitation of girls in fetishist convents, despite the fact
that they are prohibited by law and despite the steps taken by the State party to raise
awareness of the matter (art. 3).
The Committee calls upon the State party to redouble its efforts to combat practices
that are harmful to women and girls, by, for example, acting on studies that are
corroborated by empirical data on the root causes of such practices, paying due
attention to their various manifestations in ethnic groups and in customs, and
conducting an ongoing awareness campaign to draw attention to such practices. The
Committee refers the State party to its general comment No. 16 (2005) on the equal
right of men and women to the enjoyment of all economic, social and cultural rights.
15.
The Committee is concerned about the scale of unemployment in the State party,
despite the implementation of the National Employment Policy. While noting the
delegation’s statement to the effect that the National Employment Agency is one of the
most viable public bodies, the Committee would like to express its concern regarding the
Agency’s ineffectiveness in the light of the very low number of persons who received
assistance in 2012 (art. 6).
The Committee recommends that the State party speed up the adoption and
implementation of the new National Employment Policy and a functional action plan.
The Committee also recommends that the State party incorporate a rights-based
approach into this policy. The Committee directs the State party’s attention to its
general comment No. 18 (2005) on the right to work. It also encourages the State party
to do more to make the public aware of the existence and terms of reference of the
National Employment Agency.
16.
The Committee notes with concern the very low level of the minimum wage and of
the wages paid in the public sector. It considers to be a matter of even greater concern the
fact that the minimum wage does not apply to rural workers, domestic workers or workers
in the informal sector (art. 7).
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