AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human &
Peoples' Rights
Commission Africaine des Droits de
l’Homme & des Peuples
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4410505 / 4410506; Fax: (220) 4410504; E-mail: au-banjul@africa-union.org; Web
www.achpr.org
REPORT OF THE PROMOTION MISSION
TO THE
TOGOLESE REPUBLIC
From
3rd TO 6th OCTOBER, 2022
BY
HONOURABLE COMMISSIONERS
REMY NGOY LUMBU
MARIE LOUISE ABOMO
IDRISSA SOW
Considered at the 74th Ordinary Session
of the African Commission on Human and Peoples' Rights
held virtually from 21 February to 7 March 2023
TABLE OF CONTENTS
I.
ACRONYMS AND ABBREVIATIONS .........................................................................5
II. ACKNOWLEDGEMENTS ................................................................................................8
III.
EXECUTIVE SUMMARY ...............................................................................................9
IV.
INTRODUCTION ..........................................................................................................10
A.
Composition of the Delegation ...............................................................................10
B.
Terms of Reference of the Mission .........................................................................10
C.
Previous Commitments between the Commission and Togo ...........................11
D.
Country Profile ...........................................................................................................12
E.
Methodology ...............................................................................................................13
V. FINDINGS..........................................................................................................................15
A.
Measures taken to give full effect to the provisions of the African Charter
and other duly ratified instruments ..................................................................................15
1.
Legislative and other measures to implement the provisions of the African
Charter .................................................................................................................................15
2.
Institutional measures for the implementation of the provisions of the
African Charter ...................................................................................................................16
3.
B.
Follow-up on the implementation of the recommendations .............................18
Promotion and protection of human rights ...........................................................19
1.
Right to Life ..............................................................................................................19
2.
Prohibition and Prevention of Torture and Cruel, Inhuman or Degrading
Treatment or Punishment in Africa (Robben Island Guidelines) ...............................19
3.
Prisons, Prison Conditions and Prison Situations ..............................................20
4.
Administration of Justice ........................................................................................21
5.
Right to freedom of expression and access to information................................22
6.
Freedom of association, assembly and peaceful demonstration ......................23
7.
Rights of refugees, asylum seekers, IDPs and Migrants ....................................24
8.
Participation in Public Affairs ................................................................................24
9.
The Right to work and Poverty Alleviation .........................................................25
10.
Right to Health .........................................................................................................26
11. Rights of people living with HIV/AIDS (PLWHA) and people at risk,
vulnerable to and affected by HIV ..................................................................................26
12.
The Right to Food ....................................................................................................27
13.
Access to Water and Electricity .............................................................................27
14.
Right to Education ...................................................................................................27
15.
Women's Rights .......................................................................................................28
16.
Children's Rights......................................................................................................29
17.
Rights of Older Persons ..........................................................................................30
18.
Rights of Persons with Disabilities ........................................................................30
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19.
Rights of Indigenous Peoples .................................................................................30
20. Extractive Industries and the Impact of the Extractive Industries on the
Environment and on the Lives of Citizens .....................................................................31
21.
Right to Peace and Security ....................................................................................31
22.
Transitional Justice ..................................................................................................31
VI.
RECOMMENDATIONS...............................................................................................32
I.
To the Togolese Government ......................................................................................32
A.
Overview ......................................................................................................................32
1.
Legislative and other measures to implement the provisions of the African
Charter .................................................................................................................................32
2.
Institutional measures for the implementation of the provisions of the
African Charter ...................................................................................................................32
3.
B.
Monitoring the implementation of recommendations .......................................33
Promotion and protection of human rights ...........................................................33
1.
Right to Life ..............................................................................................................33
2.
Prohibition and Prevention of Torture and Cruel, Inhuman or Degrading
Treatment or Punishment in Africa (Robben Island Guidelines) ...............................33
3.
Prisons, Conditions of Detention and Prison Situations ....................................33
4.
Administration of Justice ........................................................................................34
5.
Right to freedom of expression and access to information................................34
6.
Freedom of association, assembly and peaceful demonstration ......................34
7.
Rights of refugees, asylum seekers and migrants ...............................................34
8.
Participation in public affairs .................................................................................35
9.
The right to work and the fight against poverty .................................................35
10.
Right to Health .........................................................................................................35
11. Rights of People living with HIV/AIDS (PLWHA) and people at risk,
vulnerable to and affected by HIV ..................................................................................35
12.
Right to Food ............................................................................................................35
13.
Access to Water and Electricity .............................................................................35
14.
Right to Education ...................................................................................................35
15.
Women's Rights .......................................................................................................36
16.
Children's Rights......................................................................................................36
17.
Rights of Older People ............................................................................................36
18.
Rights of People with Disabilities..........................................................................36
19.
Rights of Indigenous Peoples .................................................................................36
20. Extractive Industries and the Impact of Extractive Industries on the
Environment and on the lives of Citizens ......................................................................36
21.
Right to Peace and Security ....................................................................................37
22.
Transitional Justice ..................................................................................................37
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II.
To Other Stakeholders ..............................................................................................37
ANNEXES ...................................................................................................................................38
Annex 1: List of people the delegation met during the meetings ................................38
Annex 2: Agenda of the Mission ........................................................................................42
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I.
ACRONYMS AND ABBREVIATIONS
AOMF
Association of Ombudsmen and
Mediators of the Francophonie
ANGE
National Environmental Management
Agency
ANR
National Intelligence Agency
ARV
Antiretroviral
CADJE
Centre for Access to Law and Justice for
Children
CEDAW
Convention on the Elimination of All
Forms of Discrimination against
Women
African Charter / ACHPR
African Charter on Human and Peoples'
Rights
Commission / ACHPR
African Commission on Human and
Peoples' Rights
CHU
University Hospital
ICRC
International Committee of the Red
Cross
NHRC
National Human Rights Commission
CNLTP
National Commission for Combating
Trafficking in Persons
CNR
National Refugees Commission
CVJR
Truth, Justice and Reconciliation
Commission
ECOWAS
Economic Community of West African
States
CEET
Electricity Company of Togo
HRDs
Human Rights Defenders
UPR
Universal Periodic Review
FAIEJ
Support Fund for Youth Economic
Initiatives
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FDS
Defence and Security Force
FNFI
National Inclusive Financing Fund
HAAC
High Audiovisual and Communication
Authority
HAPLUCIA
High Authority for the Prevention and
Fight against Corruption and Related
Offences
HCRRUN
High Commission for Reconciliation
and Consolidation of National Unity
IFAD
Work-related Training Institutes for
Development
EITI
Extractive Industries Transparency
Initiative
LGBTI
Lesbian, Gay, Bisexual, Transgender
and Intersex
MNP
National Mechanism for the Prevention
of Torture
FGM
Female Genital Mutilation
SDGs
Sustainable Development Goals
UNAIDS
United Nations Programme on
HIV/AIDS
OPJ
Judicial Police Officer
ODDH
Human Rights Defence Organisations
PIA
Adétikopé Industrial Platform
PND
National Development Plan
PNDS
National Health Development Plan
PNEEG
National Policy for Gender Equity and
Equality
PLWHA
Person Living with HIV
SAP
Supervisors of the Prison
Administration
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AIDS
Acquired Immune-Deficiency
Syndrome
EMONC
Emergency Obstetric and Neonatal Care
TdE
Togolese Water Company
UNHCR
Office of the United Nations High
Commissioner for Refugees
HIV
Human Immunodeficiency Virus
Page 7 on 43
II.
ACKNOWLEDGEMENTS
1. The African Commission on Human and Peoples' Rights (the Commission) wishes to
express its deep appreciation to the Government of the Togolese Republic (Togo) for
authorising this promotion mission in the country.
2. The Commission also expresses its thanks for all the arrangements made to provide the
delegation with the necessary facilities for the success of this mission. It also thanks all
the stakeholders the delegation met as part of the mission for the frank and fruitful
discussions with a view to achieving the objectives set for this activity. These include all
the representatives of the various ministerial departments, national institutions and
other civil society bodies and organisations, as well as the individuals who, despite their
busy schedules, availed themselves to meet the delegation.
3. The Commission particularly expresses its gratitude to the Ministry of Foreign Affairs,
Regional Integration and Togolese Abroad and to the various focal points who
accompanied the delegation throughout the mission, for the excellent arrangements put
in place to facilitate meetings with various actors in order to gain a significant insight
into the human rights situation in the country.
4. The representatives of the Embassy of the Togolese Republic in Ethiopia should not be
forgotten for having liaised with the State Party to the African Charter on Human and
Peoples' Rights (the African Charter) in order to obtain the Government's authorisation
to undertake this mission.
Page 8 on 43
III.
EXECUTIVE SUMMARY
5. This mission is in line with Article 45 of the African Charter on Human and Peoples'
Rights (the African Charter) which mandates, among others, the African Commission
on Human and Peoples' Rights (the Commission) to promote human rights. It is also
part of the implementation of Rule 76 of the Commission's 2020 Rules of Procedure
which authorises the Commission to undertake "from time to time, promotion missions to
States Parties".
6. The combined reading of the above-mentioned texts therefore makes it imperative for
the Commission, during promotion missions, to gather information on the
implementation of the provisions of the African Charter with a view to formulating
principles and rules that can serve as a basis for the development of legislation and
policies relating to human rights.
7. Thus, following the authorisation of the Government of the Togolese Republic (Togo),
a delegation of the Commission conducted a Promotion Mission in the country from 3
to 6 October, 2022.
8. This mission, the second of its kind after the one carried out from 15 to 23 May 2012,
was to undertake a general assessment of the human rights situation in Togo, a State
Party to the African Charter.
9. Secondly, the mission was to follow up on the implementation of the recommendations
made by the Commission in the reports of previous missions to the country and in the
Concluding Observations adopted following the submission of the various combined
periodic reports.
10. During its stay, the delegation held discussions and exchanges with State actors at the
highest level of governance involved in the promotion and protection of human rights
in Togo, foremost among them being the Prime Minister, H.E. Mrs. Victoire Tomegah
Dogbe. The delegation also met with representatives of the national institutions of the
Togolese Republic.
11. The delegation also held meetings with representatives of International Organisations.
12. The delegation had various exchanges with representatives of Civil Society
Organisations and media professionals in Togo.
13. The delegation also visited the Lomé Civil Prison and the Adétikopé Industrial Platform
(PIA).
14. The delegation was not able to carry out all the planned visits and exchange meetings
with certain actors, due to time constraints.
15. The delegation noted many positive developments characterised by a political will and
a real commitment shown by the highest authorities of the country to the promotion
and protection of human rights of the Togolese people. It also noted some areas of
concern for which it made recommendations to the Government and other stakeholders.
Page 9 on 43
IV.
INTRODUCTION
A. Composition of the Delegation
16. The Commission's delegation was composed as follows:
i.
Honourable Commissioner Rémy Ngoy Lumbu, Chairperson of the Commission,
Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in
Africa and Commissioner responsible for monitoring the human rights situation in
Togo (Head of Delegation) ;
ii.
Honourable Commissioner Marie-Louise Abomo, Chairperson of the Working
Group on the Rights of Older Persons and People with Disabilities in Africa;
iii.
Honourable Commissioner Idrissa Sow, Chair of the Working Group on the Death
Penalty and Extrajudicial, Summary or Arbitrary Executions and Enforced
Disappearances in Africa
17. The following members of the Commission Secretariat provided technical support to
the delegation during the mission
i.
Ms Anita Bagona, Senior Legal Officer;
ii.
Ms Lidawh-wè Fabienne Dontema, Legal Assistant; and
iii.
Ms Aji Bajen Jammeh, Finance Officer.
B. Terms of Reference of the Mission
18. The objectives of the mission according to the terms of reference were the following:
i.
Promote the African Charter and all other regional and international human rights
instruments ratified by the Togolese Republic and carry out advocacy for the
ratification of those instruments that have not yet been ratified;
ii.
Strengthen the collaborative relationship between the Commission and Togo in the
area of promotion and protection of the rights guaranteed by the African Charter and
other relevant regional and international instruments;
iii.
Engage in a dialogue with the Government of Togo on the legislative, institutional
and other measures taken to give full effect to the provisions of the African Charter
and other duly ratified instruments;
iv.
Exchange views and share experiences with the Togolese Government, as well as
other actors working on human rights in the country, on strategies to improve the
enjoyment of the rights guaranteed by the different instruments ratified;
v.
Gather all relevant information on the situation of women's and children's rights, and
identify good practices and affirmative action measures, and where appropriate,
persistent challenges.
vi.
Collect information on the situation of indigenous people as well as that of the
elderly, people with disabilities, refugees, asylum seekers and migrants in Togo;
vii.
Assess the level of enjoyment of economic, social and cultural rights of Togolese
citizens and the measures taken by the government towards the implementation of
these rights;
viii.
Exchange views and gather information on the exercise of the right to freedom of
expression and access to information in the Togolese Republic;
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ix.
Collect information on the situation of human rights defenders in the Togolese
Republic and engage the various stakeholders in understanding the problems, if any,
that impede the effective enjoyment of their rights;
x.
Exchange views and gather information on the extractive industries sector, and
assess the impact of the extractive industries on the lives of citizens and on the
environment;
xi.
Assess the impact of HIV/AIDS in the country, and ascertain from the authorities
and other stakeholders involved in the fight against the pandemic, the legislative,
policy and other measures in place for the prevention, treatment, care and support
for people living with HIV (PLHIV) and those at risk, vulnerable to and affected by
HIV;
xii.
Collect information on the implementation of the Guidelines and Measures for the
Prohibition and Prevention of Torture and Cruel, Inhuman or Degrading Treatment
or Punishment in Africa (Robben Island Guidelines);
xiii.
Meet with all stakeholders involved in human rights activities in order to discuss,
among other things, their programmes, their assessment of the human rights
situation in the country and the difficulties encountered in carrying out their
activities;
xiv.
Collect information on the prison situation and to visit prisons and other detention
centres in order to learn about the conditions in which prisoners are held;
xv.
Visit some socio-economic achievements that have an impact on the lives of Togolese
people; and
xvi.
Follow up on the implementation of the recommendations made by the Commission
to the Togolese Government in the report of the mission carried out in the country
from 15 to 23 May 2012 and in the Concluding Observations adopted by the
Commission following the presentation of the 3rd, 4th and 5th combined periodic
reports and the 6th, 7th and 8th combined periodic reports respectively.
C. Previous Commitments between the Commission and Togo
19. This promotion mission comes after a decade, since the previous one took place from 15
to 23 May 2012.
20. The Togolese Republic submitted its initial report covering the period 1982 to 1992 on 7
April 1993. The Commission's Concluding Observations on this report were adopted at
the 13th Ordinary Session of the Commission held from 29 March to 7 April 1993 in
Banjul, The Gambia.
21. Togo's second report covering the period 1991 to 2001 was then submitted on 16 May
2002. The Commission adopted the relevant Concluding Observations at its 31st
Ordinary Session held from 2 to 16 May 2002 in Pretoria, South Africa.
22. Togo then submitted its 3rd to 5th combined periodic report covering the period 2003 to
2010 during the 51st Ordinary Session of the Commission held from 18 April to 2 May
2012 in Banjul, The Gambia. The Commission adopted the relevant Concluding
Observations during its 51st Ordinary Session held from 18 April to 2 May 2012 in Banjul,
The Gambia.
23. The last periodic report of Togo was submitted on 26 June 2018 for the period 2011 to
2016, covering the 6th, 7th and 8th periodic reports. The related Concluding Observations
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were adopted at the 31st Extraordinary Session of the Commission held virtually from
19 to 25 February 2021.
24. Altogether, Togo is among the States that have submitted all their reports on the
implementation of the African Charter and an initial report on the implementation of
the Maputo Protocol.
25. Complaints have been lodged against Togo for alleged human rights violations.
Communication No. 35/89 - Seyoum Ayele v. Togo was declared inadmissible at the
15th Ordinary Session held from 18 to 27 April 1994. Communication 387/10 - Kofi
Yamgnane v. Togo was struck out for lack of diligence on the part of the Complainant
at the 17th Extraordinary Session of the Commission held from 19 February to 28
February 2015.
D. Country Profile
26. With a total area of 56,785 km2 and an estimated population of 8,847,011 in 2022, the
Republic of Togo is a sub-Saharan State comprising a long strip of land in West Africa
with the capital city of Lomé, located in the southwest of the country. Togo is divided
into five administrative regions: the Maritime region, the Plateaux region, the Central
region, the Kara region and the Savanes region.
27. Togo gained its independence on 27 April 1960. It has since undergone four phases in
its constitutional development. The first Republic was established on 14 November 1960
with a presidential system of government, the second on 11 May 1963 with a semipresidential system, and the third on 9 January 1980 with a presidential system. The
fourth, and most recent, was established on 14 October 1992 with a semi-presidential
system and a multi-party National Assembly.
28. The 1967 military coup abolished the 1963 Constitution and dissolved the National
Assembly. A new Constitution of 1992, as amended, established the President as Head
of State and a directly elected multi-party National Assembly, whose members are
elected for a six-year term, with a two-term limit.
29. The President, who is elected by direct universal suffrage in a single round for a fiveyear term, appoints the Prime Minister. The current President of Togo is His Excellency
Faure Essozimna Gnassingbé.
30. In 2002, the two-term presidential limit was abolished, but it was restored in 2019;
however, it has not been restored ex post facto.
31. The Togolese Parliament is composed of the National Assembly and the Senate. As the
latter is not yet operational, its powers are temporarily exercised by the National
Assembly, composed of 91 members, elected by direct universal suffrage for a six-year
term.
32. The Togolese judicial system comprises Courts of First Instance, Courts of Appeal and
a Supreme Court. Justice is dispensed on behalf of the people by the courts. The
Constitutional Court is the highest jurisdiction of the State in constitutional matters. It
rules on the constitutionality of laws, ensures respect for fundamental human rights and
freedoms and regulates the functioning of institutions and the activities of public
authorities. It announces the results of presidential and legislative elections and
referendums, settles any disputes and has extensive ex ante and ex post control powers.
Its organisation and operation are governed by organic law No. 2004-004 of 1st March
2004.
Page 12 on 43
33. It must be acknowledged that Togo is a model in terms of ratification of international
instruments in the sub-region for the guarantee of human rights in the country.
34. Despite these efforts, there are still instruments that have not been ratified by the
country. Among the texts not ratified by Togo are: the Protocol to the African Charter
on the Rights of Older Persons, the Protocol to the African Charter on the Rights of
People with Disabilities, the Optional Protocol to the Convention on the Elimination of
All Forms of Discrimination against Women, and the Convention on the Reduction of
Statelessness
E. Methodology
35. During the mission, the delegation met with various State and non-State actors involved
in the promotion and protection of human rights in Togo, including
i.
Her Excellency Victoire Tomegah Dogbé, Prime Minister;
ii.
Mr Christian Trimua, Minister of Human Rights, Citizenship Training, Relations
with the Institutions of the Republic and Government Spokesperson;
iii.
Mr. Pius Kokouvi Agbetomey, Keeper of the Seals, Minister of Justice and
Legislation;
iv.
Mrs Adjovi Lolonyo Apedoh-Anakoma, Minister of Social Action, Promotion of
Women and Literacy;
v.
General Yark Damehame, Minister of Security and Civil Protection;
vi.
Prof. Akodah Ayewouadan, Minister of Communication and Media Relations,
Government Spokesperson;
vii.
Senior officials representing various ministries from the Ministry of Foreign
Affairs, Regional Integration and Togolese Abroad; the Ministry of Grassroots
Development, Youth and Youth Employment; the Ministry of Health, Public
Hygiene and Universal Access to Health Care; the Ministry of Primary,
Secondary and Technical Education and Handicrafts; and the Ministry of
Territorial Administration, Decentralisation and Territorial Development
viii.
The National Assembly;
ix.
The Supreme Court;
x.
The Attorney General of the Republic;
xi.
The Mediator of the Republic;
xii.
The High Commission for Reconciliation and the Consolidation of National
Unity (HCRRUN);
xiii.
The National Human Rights Commission;
xiv.
The European Union Country Office in Togo;
xv.
UNAIDS;
xvi.
The Office of the United Nations High Commissioner for Refugees;
xvii.
Civil Society Organisations;
xviii.
Media Professionals in Togo.
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36. The delegation also visited the Adétikopé Industrial Platform (PIA) and the Lomé Civil
Prison, where it met with their senior officials.
37. The delegation concluded the mission with a press conference.
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V.
FINDINGS
38. The mission lasted four (4) days during which the delegation had the opportunity to
meet and interact with a representative sample of stakeholders.
39. The delegation's interaction with a range of stakeholder representatives provided
relevant information on the human rights situation in the country.
40. After the last mission to Togo in May 2012, the 2022 mission provided the opportunity
for the Commission’s delegation to see the human rights developments in Togo and the
challenges that remain.
41. This mission also afforded the delegation an opportunity to recognise the efforts of the
State Party to guarantee human rights in the country and to respect its international
commitments. This includes, among others, the regular submission of periodic reports.
42. In terms of progress, the delegation noted the adoption of numerous legislative,
regulatory and institutional provisions for the promotion and protection of human
rights throughout the country, the establishment of mechanisms and arrangements for
the protection and support of victims of violence, etc., and other measures aimed at
improving the living conditions of Togolese people.
43. With regard to challenges, the delegation noted the non-ratification of certain
international and regional human rights protection instruments, overcrowding in
prisons, especially in the Lomé civil prison, as well as the various obstacles to
fundamental freedoms in a democracy, namely freedom of expression, freedom of
assembly and public demonstration, the right of access to information, the right of
access to the Internet in the context of the fight against the Covid-19 pandemic and the
fight against terrorism.
44. Despite these areas of concern, the delegation noted a clear commitment by the State
Party to ensure that human rights are effective in the country.
45. The senior officials of the Togolese Republic met by the Commission's delegation also
expressed the willingness of the State Party to collaborate further with the Commission.
In this sense, the Commission was invited to increase its visits in order to support Togo
in its efforts to implement the human rights guaranteed by the Charter and other
instruments duly ratified throughout the country.
46. Looking first at the Terms of Reference of the mission and taking into account the
information gathered by the Delegation during its exchanges with the various
stakeholders, the following findings are reported.
A. Measures taken to give full effect to the provisions of the African Charter and other
duly ratified instruments.
1. Legislative and other measures to implement the provisions of the African
Charter
47. In order to make effective the provisions of the international and regional instruments
to which it is party, the Togolese Republic has, in recent years, adopted and/or revised
legislative measures, including the following
i.
Law No. 2009-011 of 24 June 2009 on the abolition of the death penalty;
ii.
Law No. 2013-010 of 27 May 2013 on legal assistance;
iii.
Law No. 2015-010 of 24 November 2015 on the new Penal Code;
iv.
Law No. 2018-005 of 14 June 2018 on the Land and Property Code;
Page 15 on 43
v.
Law No. 2018-026 of 7 December 2018 on cybersecurity and the fight against
cybercrime;
vi.
Law No. 2019 - 003 of 15 May 2019 amending the provisions of Articles 13, 52, 54, 55,
59,60, 65, 75, 94, 100, 101, 104, 106, 107, 108, 109, 110, 111, 115, 116, 117, 120, 125, 127,
128, 141, 145,155 and 158 of the Constitution of 14 October 1992;
vii.
Law No. 2019-015 of 30 October 2019 on the Code of Judicial Organisation;
viii.
Law No. 2020-001 of 7 January 2020 on the Media and Communication Code;
ix.
Organic Law No. 2021-006 of 1 April 2021 establishing the composition, organisation
and functioning of the services of the Mediator of the Republic;
x.
Law No. 2021-021 of 11 October 2021 amending the law establishing the conditions
for the exercise of freedom of assembly and peaceful demonstration;
xi.
Organic Law No. 2021-025 of 01 December 2021 on the organisation, responsibilities
and functioning of the Court of Auditors and regional courts of audit.
48. The delegation also noted the legislative plans underway. These include:
i.
The new Code of Criminal Procedure adopted on 30 May 2022, which is currently
being drafted and has been sent to the National Assembly. This Code will regulate,
among other things, the time limits for processing cases and the institutionalisation
of alternative sentences, electronic bracelets, etc. Its implementation will, according
to the testimonies provided, make it possible to relieve the congestion in places of
detention;
ii.
Administrative Code.
2. Institutional measures for the implementation of the provisions of the African
Charter
49. The Togolese State has set up several institutions which, by virtue of their missions,
contribute to the promotion and protection of human rights in the country.
50. Among the various institutions guaranteeing human rights in Togo, we can mention the
following:
i.
The Constitutional Court, the highest court in constitutional matters, is responsible,
among others, for reviewing the constitutionality of laws and guaranteeing
fundamental rights and public freedoms;
ii.
The Supreme Court was established by Organic Law No. 97-05 of 6 March 1997 on
the organisation and functioning of the Supreme Court. It is the highest
jurisdictional court in the country. Its mission is to monitor the application of the
rule of law by the lower courts. It decides on appeals against judgments of the
Courts of Appeal and final judgments of the courts. The Supreme Court is
composed of a judicial chamber subdivided into civil, commercial and social
chambers and an administrative chamber;
iii.
The National Assembly, which has legislative powers, also votes on the ratification
of international instruments. It is currently composed of 91 deputies, 17 of whom
are women, three of whom hold positions of responsibility, namely the Speaker of
the National Assembly and two of whom are sub-committee chairpersons. The
National Assembly is composed of several sub-committees, namely the:
Page 16 on 43
-
Committee on Health, Population and Social Action;
-
Committee on the Environment and Climate Change;
-
Defence and Security Committee;
-
Committee on External Relations and Cooperation;
-
Committee on Education and Socio-Cultural Development;
-
Agro-pastoral, Spatial Planning and Local Development Committee;
-
Committee on Finance and Economic Development;
-
Commission on Human Rights;
-
Committee on Constitutional Law, Legislation and General Administration.
iv.
The National Commission for Combating Trafficking in Persons in Togo;
v.
The High Radio and Television Communication Authority (HAAC) whose mission
is, among others, to guarantee and ensure the freedom and protection of the media
space and all means of mass communication in accordance with the law, to ensure
the respect of ethical standards in matters of information and the equitable access
of political parties, associations and citizens to the official means of information and
communication, to guarantee the equitable and appropriate use of the public media
and audiovisual communication bodies by the Institutions of the Republic; each
according to its constitutional missions and to ensure the necessary arbitration
where necessary;
vi.
The High Authority for the Prevention and Fight against Corruption and Related
Offences (HAPLUCIA) whose mission is to prevent acts of corruption through
awareness raising, information, education and popularisation of texts as well as the
promotion of a system of governance that prevents conflicts of interest and illicit
enrichment, repression through the collection and processing of complaints and
denunciations of acts of corruption, protection of whistle-blowers and respect for
the principle of presumption of innocence and cooperation with international
institutions and counterpart authorities, facilitation of mutual legal assistance in
relation to acts of corruption or similar offences and concerted action with State
bodies, the private sector and civil society organisations fighting corruption;
vii.
The High Commission for Reconciliation and Consolidation of National Unity
(HCRRUN) in charge of the implementation of the recommendations and the
reparations programme formulated by the Truth, Justice and Reconciliation
Commission (TJRC);
viii.
The National Human Rights Commission (CNDH), the independent national
human rights institution and guarantor of human rights. By Organic Law No. 2021015 of 3 August 2021 amending Organic Law No. 2018-006 of 20 June 2018 on the
National Human Rights Commission (CNDH), its missions have been revised. They
now focus on the promotion and protection of human rights, protection through
visits to places of detention, among other things, taking up challenges to make
recommendations, the protection of human rights defenders and the National
Mechanism for the Prevention of Torture (MNP) whose 2021-2025 strategy was
validated in June 2021. During the delegation's meeting with the CNDH, it was
noted that its subsidy had increased from 250,000,000 CFA francs in 2013 to
350,680,000 CFA francs in 2017. It also appears that following the adoption of the
2018 Organic Law establishing the status of members of the Commission as
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permanent, an additional financial provision of 90,000,000 CFA francs was allocated
to cover the allowances of Commissioners and the Secretary General. However, the
CNDH delegation indicated that with the status of members now being permanent,
and in view of the linking of the MNP to the CNDH, its resources are insufficient
for the accomplishment of its various missions. In fulfilling its mandate, the CNDH
indicated that it collaborates with community and religious leaders, the Human
Rights Defence Organisations (ODDH) and State institutions.
51. The Commission noted the slow pace of appointment of members of the CNDH, whose
composition has remained incomplete since 2020, as well as the inadequacy of the
financial resources allocated to it to carry out all its missions.
3. Monitoring the Implementation of Recommendations
52. During its mission, the Commission's delegation also had the opportunity to follow up
on certain recommendations that had been made to the Togolese Government. The
follow-up carried out concerned both the recommendations of the Universal Periodic
Review (UPR) and those of the National Human Rights Commission of Togo (CNDH).
53. Concerning the UPR recommendations, it was indicated that at the last review, out of
the 224 recommendations made to the Togolese government, the country accepted the
implementation of 182 and took note of 42 recommendations. The government has
already implemented 180 of the accepted recommendations.
54. The delegation was informed that the implementation of some recommendations
requires various resources and logistics which are not always available or easily
mobilised.
55. Regarding the follow-up to the recommendations of the CNDH, particularly in the case
of the attack on State security involving Mr Kpatcha Gnassingbe and others, the
delegation noted the following:
i.
The reorganisation of the intelligence and security services was carried out with the
reorganisation of their commands and the replacement of a certain number of officers
who had been implicated;
ii.
Regarding the detention of persons in conflict with the criminal law, steps are being
taken to ensure that the National Intelligence Agency (ANR) no longer detains
persons on its premises;
iii.
The Ministers responsible for Health, Finance and Justice were instructed to propose
a team of specialised doctors to examine the Complainants and propose a
compensation plan, if necessary. In execution of a ruling by the ECOWAS
Community Court of Justice in the same case, the State paid damages amounting to
532 million CFA francs to the victims;
iv.
Concerning the revision of the Penal Code, a new Penal Code was adopted on 24
November 2015 and revised in 2016. This text incorporates all the Conventions
signed and ratified by Togo, including those on torture and other cruel, inhuman or
degrading treatment or punishment;
v.
The revised Code of Criminal Procedure contains the indication that places of
detention within the context of police custody, pre-trial detention, or the execution
of sentences, remain open to visits, under the control of the prison administration.
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Places of detention are therefore open to visits by humanitarian NGOs and human
rights organisations and associations;
vi.
The National Human Rights Commission (CNDH) is designated to serve as the
National Prevention Mechanism (MNP) for torture;
vii.
The reform of the legislation concerning the Prison Service is underway;
viii.
The reorganisation of the equipment and training of the judicial police is underway
with a well-developed structure for the technical and forensic police;
ix.
Most of the detainees in the so-called "Kpatcha affair" have been released. Only three
are still in detention: Mr Kpatcha Gnassingbe, Captain Casimir Dontema and
Commander Abi Atti;
x.
Judicial Police Officers receive training on the provisions of the Code of Criminal
Procedure. Furthermore, police custody units are visited by supervisory bodies such
as the MNP, the Public Prosecutor's Office, the police hierarchy, etc. It should also be
noted that police custody units are equipped with registers in accordance with the
Luanda Guidelines, the proper keeping of which provides information on
compliance with the time limit for police custody.
B. Promotion and Protection of Human Rights
56. During the mission, the delegation also gathered information on different categories
of human rights protected by the African Charter.
1. Right to Life
57. On the right to life, the delegation took note of the adoption of Law No. 2019-003 of 15
May 2019 amending certain provisions of the Constitution of 14 October 1992, which,
among others, made it possible to enshrine the abolition of the death penalty and life
imprisonment in the constitution.
58. No challenges to the effectiveness of this right were reported by the various
stakeholders met by the delegation during the mission.
2. Prohibition and Prevention of Torture and Cruel, Inhuman or Degrading
Treatment or Punishment in Africa (Robben Island Guidelines)
59. Regarding this category of law, the representatives of Togolese institutions we met
indicated that the country has adopted several measures to prevent torture and cruel,
inhuman and degrading treatment. These measures include the adoption of Law No.
2015-010 of 24 November 2015 on the new Penal Code, amended by Law No. 2016-027
of 11 October 2016, which in Articles 198 to 208 deals with torture and other illtreatment and punishes the offence with up to thirty (30) years of criminal
imprisonment.
60. The Government recently issued Decree No. 2021-104/PR of 29 September 2021 on the
setting up, responsibilities, organisation and functioning of the National Commission
for the Fight against Trafficking in Persons in Togo (CNLTP), and an implementing
order appointing members of the CNLTP was issued on 19 January 2022.
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61. The delegation was also informed that, in its capacity as MNP, the CNDH regularly
conducts training and education activities for actors in the criminal justice system (the
Judicial Police Officers (OPJ) , judges, Prison Administration Supervisors (SAP) and the
Defence and Security Forces (FDS ).
62. Alongside these positive aspects, the delegation was also made aware of some areas of
continuing concern. It was revealed, for example, that it is becoming difficult to
implement certain decisions or recommendations of the courts.
63. The human rights organisations also denounced the lack of judicial safeguards during
arrests and the impunity enjoyed by certain perpetrators of acts of torture and the
trivialisation of allegations of torture. For example, it was reported that 33 complaints
filed were not followed up and out of 20 cases filed with the court of justice, only 12
were retained.
3. Prisons, Conditions of Detention and Prison Situations
64. On the theme of prison environments and conditions of detention, the delegation was
informed of the measures taken to reduce overcrowding in prisons, in particular the
presidential pardon decrees issued by the Head of State in order to reduce
overcrowding in the country's prisons.
65. The inventory reveals that Togo now has 13 prisons and a Centre for Access to Law and
Justice for Children (CADJE) in Cacavéli. Detention conditions have been improved by
respecting the principle of separation of adult and juvenile detainees, women and men.
However, there is still no prison specifically dedicated to women.
66. In terms of infrastructure, it was noted that among the various prisons, only the prisons
of Kpalimé and Sotouboua are close to meeting international standards. The civil prison
of Tsévié, which was dedicated to the care of prisoners who tested positive during the
Covid-19 pandemic, is currently used to accommodate prisoners with fragile health and
other prisoners.
67. On measures to promote the well-being of prisoners, the visit to the Lomé Civil Prison
enabled the delegation to ascertain that the prisoners of the afore-mentioned prison
have permanent access to drinking water and electricity, that there is an air extractor
and fan in the cells, which are however old.
68. The delegation also learned about the support provided by the Human Rights Defence
Organisations (ODDH) and the National Human Rights Commission (CNDH), in their
role as watchdogs, to ensure the protection of the rights of detainees in places of
detention through visits to these places.
69. Since the Covid-19 pandemic, there has been an increase in the number of daily meals
(two meals per day) with breakfast being provided four times a week and an
improvement in the quality of meals.
70. In this sense, during the Covid-19 pandemic, Togo received, from the European Union,
protective equipment in places of detention and enriched bread for prisoners.
71. In terms of recreational activities, it was reported that the prisoners benefited from
training workshops as well as the organisation of games (football, cultural weeks, etc.)
which had been suspended during the pandemic period.
72. According to the information gathered, each prison has a nurse or a supervisor of prison
administration (SAP) responsible for health, but serious cases are referred to the
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University Hospital (CHU). However, the insufficiency or even lack of medication in
almost all infirmaries is a fact that has been denounced.
73. The delegation noted that no prison had been built since the last visit. However, the
delegation noted various projects underway, including the construction of the Kpalimé
prison and an additional prison in Lomé, the institutionalisation of community justice
centres which, in their role as mediators, will help to reduce the overcrowding in
prisons; as well as the implementation of a new judicial organisation which will speed
up the processing of cases.
74. Among other concerns, the delegation was informed of the disturbing overcrowding in
Togo's prisons and was able to see for itself the actual situation at the civil prison in
Lomé where, in addition to the large number of prisoners, the cells are very constricted
and dilapidated and are only equipped with mats and small foam mattresses. The data
collected during the mission from those in charge of the civil prison in Lomé reveals
that on 1st October 2022, there were 6048 prisoners nationwide, including 178 women,
which represents a prison occupancy rate of 203 per cent.
75. The civil prison of Lomé, built during the colonial era and subdivided into two (2)
quarters, one for men and another for women, with a total capacity of 666 persons, was
accommodating, at the time of the mission, 2,288 persons, i.e., an occupancy rate of 344
per cent, including 801 persons in pre-trial detention, 709 accused persons, 83 women,
one (1) blind person, and one (1) elderly person aged 62 years.
76. The prison officers also indicated that illicit substances (cannabis) had been seized from
visitors and prisoners at times.
77. In the case of the attack on national security involving Mr Kpatcha Gnassingbe and
others, the delegation learned that people continue to be detained in the ANR premises
while human rights organisations denounce cases of detainees being ill-treated in
detention and detainees in critical health situations being denied referral to other
facilities.
78. The Human Rights Defence Organisations (ODDH) also noted the lack of a prison
policy and a policy for the social reintegration of prisoners.
4. Administration of Justice
79. The delegation learned of the existence of a Training Centre for Judicial Professions that
trains magistrates, clerks and secretaries of the prosecution department every two (2)
years. However, it was revealed that for some years now, training has been suspended
in view of the reorganisation and modernisation of the judiciary.
80. The delegation was also informed about the ongoing draft of the new Code of Criminal
Procedure. This will regulate, among others, the time limits for processing cases in order
to reduce the prolonged period of processing, alternative sentencing regimes, electronic
bracelets, .... However, it noted the slow pace of its adoption.
81. The delegation noted that Togo has only two (2) Courts of Appeal, which contributes to
keeping litigants away from the Courts of Appeal.
82. The delegation noted the slow pace of administration of justice due to the failure to
respect the time limits for police custody and pre-trial detention. In practice, there is an
excessive rate of pre-trial detention, with around two-thirds of detainees being held in
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irregular pre-trial detention, for reasons including the shortage of judges, the
complexity of procedures and the lack of resources...
5. Right to freedom of expression and access to information
83. Firstly, on freedom of expression, the delegation was informed of the adoption of
several laws governing this area, namely:
i.
Law No. 2018-026 of 7 December 2018 on cybersecurity and the fight against
cybercrime, which protects online journalists and all website users from illegal and
arbitrary surveillance, hacking and data interception;
ii.
The amendment, on 23 November 2021, of the Organic Law No. 2018-029 of 10
December 2018 on the High Audiovisual and Communication Authority (HAAC);
iii.
Law No. 2020-001 of 7 January 2020 on the Press and Communication Code, which
is specifically applicable to journalists and which also governs press offences. It
was added that the sanctions for Code offences are both preventive and repressive.
84. Secondly, on the right of access to information, during this mission, the delegation was
told that Law No. 2016-006 of 30 March 2016 on freedom of access to information and
public documentation is in force. It was further added that in view of the application of
this law, Decree No. 2017-104/PR on the modalities of the implementation of Law 2016006 of 30 March 2016 on freedom of access to public information and documentation
has been adopted. These measures govern, in particular, the enshrinement and free
access to available information.
85. With regard to decisions sanctioning the actions of certain journalists, the delegation
was told that they could make an ex-gratia appeal or refer the matter to the Mediator of
the Republic if they contested the decisions.
86. The Minister of Communication and Media Relations also clarified to the delegation
that the offence contained in Article 497 of the Penal Code relating to the dissemination
of false information is a common law provision that is not specific to journalists.
87. The delegation was also informed of the plan to set up an identification system by
assigning a computer number to everyone in Togo.
88. On internet access, the delegation was informed of the institutionalisation of the
principle of unrestricted internet access.
89. However, the effectiveness of this principle has been challenged by human rights
defence organisations (ODDH) who have denounced the discretionary disconnecting of
the internet at times throughout the country and the inclusion of this discretionary
disconnecting possibility in the current draft law.
90. In the same vein, Human Rights Defenders have denounced the malicious surveillance
by State authorities through the Pegasus spying software.
91. The delegation noted the limitations faced by journalists in the print media in Lomé, the
restrictions faced by the community media concerning the subjects covered and the
limited access of opposition political parties to the media, especially the public media.
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6. Freedom of Association, Assembly and Peaceful Demonstration
92. On freedom of association, the delegation noted the continuation of the 1901 law
governing freedom of association. However, the delegation was informed that a draft
law was underway and that civil society was actively involved in the process and in the
establishment of a committee to review the draft law.
93. Furthermore, the delegation was also informed that a draft law is being enacted to
govern places of worship and education.
94. During the mission, the delegation was also informed of the suspension of the issuance
of receipts to Associations and Non-governmental Organisations .
95. Finally, on freedom of assembly and peaceful demonstrations, the delegation noted the
recent adoption of Law No. 2019-010 of 12 August 2019 amending Law No. 2011-010 of
16 May 2011 laying down the conditions for the exercise of freedom of assembly and
peaceful public demonstrations and Law No. 2021-021 of 11 October 2021 amending the
law laying down the conditions for the exercise of freedom of assembly and peaceful
demonstrations. Senior ministry officials indicated that a national consultation had been
carried out with all stakeholders before the law was amended.
96. In terms of good practice, the delegation noted the setting up of an Observatory
composed of defence and security forces and human rights organisations, tasked with
monitoring security during public demonstrations and which, at the end of meetings,
carries out debriefings with a view to making recommendations.
97. The delegation was informed of the limitations imposed on the enjoyment of the civic
space and the limitations on public demonstrations due to the emergency health and
security measures in force. In response to this concern, the senior officials of the
ministries indicated that these restrictive measures have been put in place for purposes
of compliance with national strategies, the freedoms of other citizens and, above all,
security challenges. They also indicated that in the event of a challenge to these
decisions, the administrative judge, who is competent in the matter, can be called upon
to denounce the so-called abusive suspension of the right to freedom of demonstration.
98. On the protection of Human Rights Defenders in Togo, the delegation noted the
ongoing procedure of the draft law on Human Rights Defenders. The said bill, an
initiative of the Ministry of Human Rights, is the subject of a broad consultation among
stakeholders and aims, in addition to regulating the sector, to institute obligations for
HRDs, notably the obligation to wear a waistcoat, carry an identification card, etc. in
exchange for the granting of certain privileges.
99. The Minister of Human Rights, Citizenship Training and Relations with the Institutions
of the Republic informed the delegation that, contrary to the fears of civil society about
the risks of monitoring the activities of the human rights organisations through this law,
the process is entrusted to the CNDH, which is the custodian of the register of civil
society organisations specialising in the defence of human rights, according to Article 4
of organic law No. 2021-015 of 3 August 2021 relating to the composition, organisation
and functioning of the CNDH and will, moreover, be responsible for issuing
identification cards and other working tools to HRDs.
100. Regarding concerns, the delegation noted the need to protect whistle-blowers.
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7. Rights of refugees, asylum seekers, IDPs and migrants
101. Firstly, on the rights of refugees, the delegation noted the establishment of the
National Commission for Refugees (CNR), the Appeals Commission and the National
Coordination for Assistance to Refugees. Senior officials informed the delegation that
with the support of the International Committee of the Red Cross (ICRC) and the United
Nations High Commissioner for Refugees (UNHCR), support is offered to refugees.
102. It was also communicated that the refugees who were registered in Togo were, for
the most part, Ivorians but who, to date, have mostly returned to their country of origin.
Also, since June 2022, the Avépozo refugee camp has been closed.
103. The refugees registered in Togo come from nearly 25 nations, the majority of whom
are nationals of the Central African Republic, Congo, the Democratic Republic of Congo
and Côte d'Ivoire; their refugee status ended on 30 June 2022. The delegation learned
about the voluntary repatriation procedure for refugees, which is carried out in two (2)
phases with the support of the UNHCR.
104. In terms of challenges, the failure to grant residence permits to certain Ivorian
refugees was noted, as was the slowness in processing applications for refugee status.
105. The case of Ghanaian refugees in Togo was also raised. Indeed, following land and
chieftaincy conflicts, around 8,000 Ghanaians moved to Togo, the first wave in 1982 and
the second wave in 2014. The sites of Matougou and Gbadakungue have been allocated
to them.
106. However, the challenge that persists is that the Togolese government does not
actually recognise the refugee status of these Ghanaians, therefore they do not receive
the necessary care for their status.
107. On statelessness, it should be noted that Togo ratified the United Nations Convention
on Statelessness in 2021. Consequently, the country has appointed a focal point,
established a Commission to combat statelessness and adopted a National Plan on this
subject matter. Additionally, a study project on statelessness is underway.
108. Furthermore, the impossibility for Togolese women to grant their nationality to their
husbands under the Togolese Nationality Code was denounced.
109. Lastly, it was noted that internally displaced persons are mainly due to the spill over
effects of the Sahel crisis. The management of this phenomenon falls within the remit of
the National Civil Protection Agency, which is under the oversight of the Ministry of
Security and Civil Protection.
110. However, the Human Rights Defence Organisations (ODDH) deplore the lack of
actual care for these IDPs.
8. Participation in Public Affairs
111. Concerning women's participation in public affairs, an increase in the rate of
women's participation in public life was noted, as well as effective access for women to
certain decision-making positions, even though others still denounce the inequalities of
access that persist in several departments.
112. The delegation noted that, since 2020, Togo has taken into account women in several
positions, including in public institutions, 36.36% of women (12 women out of 33
members) in the government and the appointment of a woman as Prime Minister. It was
noted that, despite this progress, women are still under-represented in the management
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of public affairs; in parliament, they represent 18.68% of elected officials and 12.96% of
municipal councillors. At the level of traditional chiefs, there are 6 women out of 394
canton chiefs and 13 women village chiefs out of 7000.
113. With a view to promoting women's access to politics, Togo imposes the obligation of
lists of candidates comprising the same number of candidates of both sexes for
legislative elections and applies to women politicians a reduction of half the amount of
deposit required from men for both legislative and local elections. There is, however,
the problem of positioning women on electoral lists.
114. To encourage women to become more involved in public life, the CNDH and several
other organisations periodically organise awareness-raising activities for religious and
community leaders and young girls on the contribution of women to the development
process. However, the persistence of socio-cultural constraints hampers the impact of
these awareness-raising activities, but also on the involvement of rural women in
politics.
9. The right to work and poverty alleviation
115. Regarding poverty alleviation and access to employment, the government has
introduced dual vocational training which alternates training in a company with
training in an educational establishment (high school, university) or in an
apprenticeship centre, in order to reduce the discrepancy between the training provided
in schools and the requirements of the labour market. Also noteworthy is the adoption
of the national strategy document for technical education and vocational training; the
establishment of Work-related Training Institutes for Development (IFAD) which
implement specific education and training initiatives essential to meet development
needs, etc.
116. Furthermore, the 2018-2022 National Development Plan and the Government's 20202025 Roadmap take into account social inclusion, social harmony and job creation for
young people.
117. The Youth Economic Initiatives Support Fund (FAIEJ), the National Youth
Employment Strategic Plan, the establishment of the National Voluntary Work Agency,
the Voluntary Citizen Commitment Programme, the Youth Integration and
Employability Support Programme, the Vulnerable Youth Opportunities Project, and
the presidential measure for 25% of public contracts to be awarded to young people and
women entrepreneurs are all measures that have been put in place to promote access to
employment. However, there is a high rate of youth unemployment.
118. During its mission, the delegation had the opportunity to visit the Adetikope
Industrial Platform (PIA). The latter, which is a recent work, aims at the production and
marketing of textiles, wood, electric motorbikes, pharmaceutical products, cotton, food
products, etc., which will be sold both in Togo and internationally. The delegation was
informed that this project will create about 3000 jobs in all categories. According to the
terms of the partnership, at the beginning of the project, foreign engineers will be in
charge of production management. However, as the project progresses, they will ensure
that the nationals are empowered in the management of the various arrangements and
productions.
119. The delegation was also informed of the recent dismissal of 3000 teachers.
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10. Right to Health
120. With a view to guaranteeing the right to health, Togo has drawn up the National
Health Development Plan (PNDS) 2017-2022, which is part of a twofold concern to
provide appropriate solutions to the problems identified by the evaluation of the 20122015 PNDS, on the one hand, and alignment with the Sustainable Development Goals
(SDGs), on the other, within the framework of the establishment of universal health
coverage.
121. During this mission, the delegation noted that until 2021, Togo had an insurance
scheme that covered civil servants and their dependants. Since the advent of Law No.
202-022 of 18 October 2021 on universal health insurance, Togo has had a health
insurance system that gradually covers the entire Togolese population. Based on the
principles of solidarity, equity and risk pooling, the system is composed of two schemes:
a contributory scheme and an assistance scheme. Thus, any resident of Togo has access
to this system without any discrimination.
122. Concerning the protection of women's reproductive health and their access to
affordable health services, awareness-raising on family planning is regularly organised
with free open days. Planning services are offered by community health workers, which
brings the services closer to the users. Togo subsidises caesarean sections. This
mechanism has been strengthened, completed and extended to children since the Wezou
programme, instituted by Decree No. 2021-087/PR of 25 August 2021. This programme
covers the cost of care for pregnant women and newborns. From September 2021 to July
2022, more than 222,000 children were enrolled in this programme at a total cost of more
than two billion three hundred million CFA francs.
123. While commending the government for numerous measures taken to improve the
living conditions of the Togolese citizens, some have noted the need to actualise these
initiatives in the countryside and in all prefectures of the country.
124. Regarding the challenges, it is noted that in Togo, 81% of the population is within an
hour's travel time of an Emergency Obstetric and Neonatal Care (EmONC) Centre .
125. The persistence of understaffing in hospitals, especially public ones, is also noted.
Moreover, the equipment in these hospitals is sometimes insufficient or even nonexistent.
11. Rights of people living with HIV/AIDS (PLWHA) and people at risk, vulnerable
to and affected by HIV
126. The rights of people living with HIV/AIDS have not been neglected in Togo. During
the mission, the delegation had the opportunity to note the various actions carried out
in favour of this category of people.
127. Firstly, concerning legislative measures, the Penal Code (Article 838 et seq.) instituted
offences relating to reproduction and the protection of persons in respect of HIV and
AIDS and by Law No. 2010-018 of 31 December 2010, Togo revised Law No. 2005-012 of
14 December 2005 on the protection of persons living with HIV and AIDS.
128. Secondly, concerning institutional measures, support centres dedicated to people
living with HIV and those at risk (prisoners, sex workers, LGBTI and injecting drug
users) have been established in the country, as well as observatories made up of
volunteers and lawyers who collect cases of violence against PLWHA, which are usually
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dealt with amicably. Regular training is also organised for lawyers, police officers and
gendarmes, etc. for the protection of PLWHA.
129. The delegation was thus reassured that Togo is implementing actions to fight this
pandemic through prevention policies and mechanisms as well as treatment measures
for those affected. This is the case with the introduction of free screening programmes,
the distribution of ARVs and regular monitoring of the viral load of PLWHA
throughout the country. The delegation from the Commission also learned about the
condom and lubricant distribution campaigns that are being organised, as well as the
measures taken to ensure that prisoners' spouses can visit them in prison.
130. In the area of statistics, it was noted that over the last five (5) years, the rate of
infection has fallen by 50% and the death rate has fallen by 30%. It was also revealed
that out of 107,000 PLWHA, 84,000 are currently on ARVs.
131. Still on the subject of statistics, the delegation was informed that in 2020, 2% of the
population was known to be PLWHA, of which 20% (16,000) were homosexuals, 13%
(30,000) were sex workers, 3.9% were drug users, 4% (5,000) were prisoners, 1.5% were
girls and 0.5% were boys aged between 15 and 24.
132. The government has set up focal points for PLWHA in all prisons and a mechanism
for voluntary testing of prisoners on entry.
133. Areas of concern included the reluctance of prisoners to receive ARVs in prison and
their preference to go through their relatives to avoid stigmatisation and HIV testing of
adolescents which is contingent on parental consent.
134. The delegation also noted that the criminalisation of homosexuality, discrimination
and stigmatisation of key populations are sources of alienation of LGBTI people from
various HIV services and treatment as they are forced to live in hiding and conceal their
sexual orientation.
12. The Right to Food
135. The HRD Organisations deplored the lack of a food policy in the country and the
lack of training for farmers.
13. Access to Water and Electricity
136. With regard to the right of access to electricity, the Compagnie Energie Electrique du
Togo (CEET) is responsible for the distribution of electricity throughout the country. In
addition to CEET's programmes, the "Tinga Fund" has been set up in the Kara and
Savanes region, which is a mechanism for facilitating universal access to electricity for
low-income populations through repayable subsidies. Solar panels are also installed in
rural areas.
137. Secondly, on the right of access to water, its distribution is the responsibility of
Togolese Water Company (TdE). Boreholes and pump wells are also built in rural areas.
14. Right to Education
138. Regarding the right to education, the Togolese Government has taken steps to ensure
schooling, especially for girls, by covering two-thirds of school fees. Moreover, for
several years now, schooling has been free in public schools (primary, secondary and
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high schools) in Togo. The Togolese government has also set up school canteens,
especially in rural areas.
139. In order to encourage the efforts of the learners, the delegation was also informed
that the country has instituted BEPC and BAC awards for excellent girls.
140. Concerning the areas of concern, the delegation noted the challenges related, on the
one hand, to school dropouts due to early pregnancies, child marriages, and on the other
hand, to the crossing of borders by children in search of work. To address this challenge,
the senior officials the delegation met during the mission revealed Togo's strategy of
signing agreements with neighbouring countries to denounce such crossings and limit
child labour.
15. Women's Rights
141. Togo is party to almost all international instruments for the promotion and protection
of women's rights, notably the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW) and the Optional Protocol to the African
Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo
Protocol).
142. At the domestic level, the Constitution of 14 October 1992 provides in its Article 11.2
that "... men and women are equal before the law...". Togo has also harmonised its
legislation regarding international instruments, in particular Law No. 2014-019 of 17
November 2014 on the Personal and Family Code, Law No. 2018-005 of 14 June 2018 on
the Land and Property Code, which promotes, among others, women's access to land,
and the provisions of the new Penal Code punishing gender-based violence regardless
of the gender of the victim or perpetrator.
143. The Ministry of Social Action, Promotion of Women and Literacy is responsible for
implementing the government's policy on women’s development. To this end, the
National Policy for Gender Equity and Equality (PNEEG) and its 2011 action plan,
updated in July 2019, constitute the reference framework for all actions aimed at
promoting women’s development Togo, particularly the empowerment of women and
their effective participation in decision-making at all levels of the development process
in Togo.
144. During the mission, the delegation was reassured that women have free access to
health services throughout the country.
145. In this sense, Togo has put in place programmes to support women, including the
Wezou programme, a national initiative to support pregnant women and newborns in
reducing maternal and neonatal mortality by reducing the cost of prenatal
consultations, analyses and deliveries in public and accredited first-level health centres.
146. Togo also supports women by providing a subsidy for those who need caesarean
sections. Open days are also organised to raise awareness about family planning.
147. The delegation was also informed of the health insurance project for the benefit of
the various Togolese and foreign populations living in the country and of a project
underway in the Savanes region for women and people with disabilities with a view to
inclusive governance.
148. Regarding the fight against gender-based violence, the delegation noted several
measures taken by the Togolese government, including
Page 28 on 43
i.
The establishment of a 1014 toll-free number for reporting situations of violence.
In order to better deal with cases, the country has even set up freephone numbers
for each region in the country;
ii.
The establishment of listening centres and reception centres for victims of genderbased violence;
iii.
The implementation of support measures for victims of gender-based violence to
report the acts of which they have been victims. However, the persistence of social
limitations in the reporting of offences, which are often hushed up or settled out
of court, is still obvious.
149. Violence against women such as child marriages, Female Genital Mutilation (FGM) ,
sexual and economic violence are sanctioned by the new Penal Code. The delegation
was also informed of the persistence of cases of FGM reported in the border areas and
of cases of rape, including rape of minors, and cases of sexual harassment recorded in
certain counselling centres and courts.
150. For the socio-economic empowerment of women, the Government has taken a
number of measures, including
i.
The establishment of a support programme for vulnerable women through the
National Fund for Inclusive Finance (FNFI);
ii.
The establishment of agricultural areas for rural women;
iii.
The presidential initiative to reserve the 25% quota of public contracts for women
entrepreneurs.
16. Children's Rights
151. The Togolese Republic has adopted several measures to guarantee the rights of
children, the main part of which is contained in the Children's Code.
152. During its mission, the delegation learned that birth registration is now free of charge
for every child born on Togolese territory. In addition to this measure, the services of
civil status centres have been brought closer to hospitals and maternity centres in order
to facilitate birth registration. In this regard, it was noted that Togo has more than 1,000
civil status centres and that the time limit for registering births, which was initially 30
days, has been revised to 45 days, all with a view to guaranteeing the legal existence of
children born.
153. In addition to the Children's Code, and particularly with a view to combating child
labour, apart from the awareness-raising campaigns that are organised, the Togolese
Government issued Order No. 1464/MTEFP/DGTLS of 12 November 2012 determining
the work prohibited to children and more recently Order No. 1556/MFPTRAPS of 22
May 2020, determining dangerous work prohibited to children, while taking into
account new forms of work, in particular motorbike washing, scrap metal and plastic
collection, and the recovery of metals by burning objects.
154. Concerning the fight against early marriages, awareness-raising campaigns are
carried out in collaboration with religious and community leaders.
155. The delegation also noted the appointment of children's judges in all courts.
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17. Rights of Older Persons
156. The delegation noted that there is no specific national law on the protection of older
persons. However, the delegation was informed of the Togolese State's intention to
ratify the Protocol to the African Charter on Human and Peoples' Rights on the Rights
of Older Persons.
157. During its meeting with the National Assembly, the delegation was made aware of
the existence of the Committee on Health, Population and Social Action, which is
responsible, among other things, for older persons and people with disabilities.
158. The main challenge in Togo as far as the enjoyment of the rights of older persons is
concerned, is their isolation and the slow pace at which the government and its
institutions take them fully into account.
18. Rights of People with Disabilities
159. The delegation of the African Commission was informed of the ratification by Togo,
in 2011, of the United Nations Convention on the Rights of Persons with Disabilities.
However, the challenges related to its full implementation were noted.
160. At the national level, Law No. 2004-005 of 23 April 2004 on the social protection of
persons with disabilities is in force. The delegation was also informed of the ongoing
advocacy for the revision of this law.
161. At the programme level, Togo has put in place measures to take care of people with
disabilities, including in the school curriculum. Subsidising the education of children
with disabilities is also planned. In this sense, logistical arrangements have been made
to facilitate access to classrooms for people living with disabilities.
162. The delegation was told that there are no discriminatory measures against people
with disabilities in general and people with albinism in particular.
163. Even though the texts protect this category of people, the testimonies from them are
quite different. Indeed, people with reduced mobility have pointed out the difficulties
they face, particularly with regard to access to housing and to both private and public
buildings, since buildings do not always meet the standards that facilitate their access.
164. Difficulties were also noted regarding the availability of tools adapted to the
conditions of people with disabilities, for example the accessibility of appropriate
wheelchairs adapted to their needs.
165. During the meeting with the National Assembly, the latter informed the
Commission's delegation of the steps that had been taken to ratify the Protocol to the
African Charter on Human and Peoples' Rights on the rights of persons with disabilities.
166. Furthermore, the EU delegation is implementing a project in the Savanes region for
inclusive governance of women and people with disabilities.
19. Rights of Indigenous Peoples
167. On the rights of indigenous peoples, the delegation learned of conflicts involving the
Fulani over access to land. To address this, negotiations were held, with support from
USAID, to negotiate livestock corridors and the demarcation of these corridors.
168. Land conflicts are also a consequence of population growth and climate change.
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20. The extractive industries and the impact of the extractive industries on the
environment and on the lives of citizens
169. During its visit to the PIA, the delegation noted the platform's wide-ranging projects,
including the production and marketing of textiles, wood, electric motorbikes,
pharmaceuticals, cotton, food products, etc.; activities that have an impact on the
environment.
170. PIA officials reassured the delegation that all of their activities are monitored by the
National Environmental Management Agency (ANGE) which carries out
environmental impact assessments of activities at each stage of their implementation.
171. The mining sector is governed by Law No. 96-004 of 26 February 1996, amended by
Law No. 2003-012 of 4 October 2003 on the Mining Code. To ensure better management
of mining resources and to support a policy of good governance, Togo has joined the
Extractive Industries Transparency Initiative (EITI).
172. With these notable advances in the industrial sector, a major concern remains that of
the environmental and social impact of industrial activities. There are also
expropriations, the repayment of which is slow in some cases; the restriction of
cultivable land; massive deforestation and clearing; extensive soil degradation, with
high risks of erosion; air pollution (due to dust), leading to respiratory diseases; water
pollution, etc.
173. Concerns were also raised about the effectiveness of Corporate Social Responsibility
towards the population.
21. The Right to Peace and Security
174. On the right to security, the 2020-2022 National Development Plan provides for the
strengthening of inclusion, social harmony, security and stability in the light of the crisis
of the Sahel overflow.
175. The delegation noted the recurrence of terrorist attacks in the north of the country.
22. Transitional Justice
176. Following the socio-political crises that occurred in Togo, the Truth, Justice and
Reconciliation Commission (CVJR) was established and it recommended, among others,
the establishment of a special reparation fund and an independent reparation body for
transitional justice. The latter recommendation led to the establishment of the High
Commission for Reconciliation and Consolidation of National Unity (HCRRUN).
177. After categorising the victims according to the injury they suffered, reparations are
made accordingly. For the reparation of victims, a white paper was issued containing
all the responsibilities that were incumbent on the Government.
178. To date, after an identification of 40,000 victims (1958-2005) and five (5) years after
the launch of this transitional justice, more than 20,000 victims have already received
reparations.
179. Togo has instituted the services of a Mediator of the Republic. The latter is governed
by organic law No. 2021-006 of 1 April 2021, which determines the composition,
organisation and functioning of the services of the Mediator of the Republic and
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empowers him to, among others, receive the declaration of the property and assets of
all citizens, including the Head of State. This law also mandates the Mediator to take up
cases on his own initiative and to conduct enquiries and investigations as he deems
necessary, while enjoying independence and financial autonomy. The Mediator is the
sole custodian of the statements made to him, which can also be made online. There are
six (6) branches of the Mediator's office in Togo, i.e. a delegate in each region and in
Lomé, one delegate for civilians and another for the military.
180. The delegation was also informed that Togo is a member of The Association of
Ombudsmen and Mediators of the Francophonie (AOMF) .
VI.
RECOMMENDATIONS
I.
To the Togolese Government
181. In view of the above concerns, the Commission notes that the Togolese Republic is
still facing a number of challenges relating to the promotion and protection of human
rights in the country. In the light of the delegation's findings, the Commission invites
the Togolese Government to adopt the following recommendations in order to
guarantee better promotion and protection of human rights for the Togolese people.
182. Therefore, the Commission makes the following recommendations:
A. Overview
1. Legislative and other measures to implement the provisions of the African
Charter
i.
Accelerate the ratification process of the Protocol to the African Charter on Human
and Peoples' Rights on the Rights of Older Persons, the Protocol to the African
Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in
Africa, the Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women; and the Protocol of the Court of Justice of the African
Union;
ii.
Make the declaration in accordance with Article 34 of the Protocol to the African
Charter on Human and Peoples' Rights on the Establishment of an African Court on
Human and Peoples' Rights;
iii.
Domesticate the Commission's Guidelines on Enforced Disappearances;
iv.
Accelerate, finalise and adopt the new Criminal Procedure Code;
v.
Adopt the law on parity and the positioning of women on political party lists.
2. Institutional measures to implement the provisions of the African Charter
i.
Make available the financial resources necessary for the effective implementation of
policies and programmes in the country;
ii.
Complete the composition of the National Human Rights Commission (CNDH) and
increase its budget to enable it to effectively implement its mandate;
iii.
Provide the CNDH with the means to strengthen the capacities of its members in
internal, national and international training programmes;
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iv.
Continue and complete the implementation of the recommendations relating to the
reparation of victims of socio-political crises;
v.
Establish a fund to compensate victims of human rights violations.
3. Monitoring the implementation of recommendations
i.
Pursue and implement the recommendations made to it by national institutions,
regional and international bodies.
B. Promotion and protection of human rights
1. Right to Life
i.
Support the adoption of the Protocol to the African Charter on Human and
Peoples' Rights on the abolition of the death penalty at the level of the
Permanent Representatives Committee.
2. Prohibition and Prevention of Torture and Cruel, Inhuman or Degrading
Treatment or Punishment in Africa (Robben Island Guidelines)
i.
Establish a national mechanism for the urgent receipt and treatment of allegations of
torture;
ii.
Sanction with the full force of the law the security forces guilty of acts of torture or
any cruel, inhuman or degrading treatment;
iii.
Ensure the implementation of court decisions and/or recommendations;
iv.
Establish a fund for reparations to victims of torture.
3. Prisons, Conditions of Detention and Prison Situations
i.
Adopt and apply restorative justice as an alternative to repressive justice;
ii.
Speed up the processing of criminal cases to reduce pre-trial detention periods;
iii.
Decriminalise certain offences and introduce alternatives to imprisonment in order
to reduce the number of people in detention;
iv.
Build new prisons to reduce overcrowding in existing ones and build women's
prisons;
v.
Adopt a prison policy and a policy for the social reintegration of prisoners;
vi.
Regular training for law enforcement and security agencies;
vii.
Establish a transparent mechanism for dealing with persons identified as having
committed terrorist acts;
viii.
Prevent and combat the detention of persons on the premises of the National
Intelligence Agency (ANR);
ix.
Restructure and refurbish existing detention facilities and upgrade their equipment
to international standards;
x.
Make sufficient pharmaceutical products available to places of detention.
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4. Administration of Justice
i.
Accelerate the process of adopting the Criminal Procedure Code;
ii.
Review the judicial map in order to bring litigants closer to the courts of appeal;
iii.
Provide the judiciary with sufficient human and material resources to enable it to
function effectively for a better administration of justice;
iv.
Respect the legal time limits for police custody and pre-trial detention;
v.
Reintroduce training and capacity-building programmes for magistrates and
other court officials.
5. Right to freedom of expression and access to information
i.
Revise the legislative provisions on press offences in line with international
standards;
ii.
Guarantee permanent access to information for all, including through the Internet;
iii.
Create a secure framework for the work of journalists, including in rural areas;
iv.
Ensure equal access of political parties (ruling and opposition political parties) to
public media.
6. Freedom of association, assembly and peaceful demonstration
i.
Revise and adopt a new law on freedom of association to replace the 1901 law;
ii.
Revise and adopt a law on the conditions for the exercise of freedom of peaceful
assembly and demonstration in accordance with international standards;
iii.
Remove restrictions on the use of civic space and ensure its protection;
iv.
Lift restrictions on the granting of permits to associations and NGOs;
v.
Establish a framework for the protection of human rights defenders in the country
by accelerating the adoption of the law on the protection of HRDs in line with the
provisions of the 1998 UN Declaration on HRDs;
vi.
Establish a safe environment for the work of HRDs and whistle-blowers.
7. Rights of refugees, asylum seekers and migrants
i.
Submit regularly the State Party's report on the implementation of the Kampala
Convention;
ii.
Clarify the status of Ghanaian refugees residing in the Matougou and Gbadakungue
camps with a view to regularising their situation;
iii.
Grant a residence permit to Ivorian refugees in Togo;
iv.
Increase measures to protect the population against the risks of natural disasters;
v.
Adopt a law allowing Togolese women to give their nationality to their husbands;
vi.
Establish a mechanism to effectively deal with IDPs.
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8. Participation in public affairs
i.
Take positive measures to encourage women's participation in public affairs;
ii.
Establish a policy for the positioning of women at the top of electoral lists;
iii.
Sensitise women and religious and community leaders, especially in rural areas, on
the role of women in politics.
9. The right to work and poverty alleviation
i.
Increase programmes to promote access to jobs for young people;
ii.
Adopt more measures for the integration of the youth in the professional sector.
10. Right to Health
i.
Equip hospitals and health centres with sufficient equipment;
ii.
Train and make available qualified personnel to hospitals and health centres,
especially public ones.
11. Rights of people living with HIV/AIDS (PLWHA) and people at risk, vulnerable
to and affected by HIV
i.
Increase awareness campaigns especially in places of detention to prevent
stigmatisation of PLWHA;
ii.
Take the necessary measures to protect key populations from discrimination and
stigmatisation in order to ensure effective access to HIV/AIDS care and
treatment;
iii.
Lift the requirement for parental consent for adolescent screening.
12. Right to Food
i.
Implement a sustainable food policy.
13. Access to Water and Electricity
i.
Extend the "Tinga Fund" programme on access to electricity to other regions of the
country.
14. Right to Education
ii.
Adopt policies, plans and programmes to encourage and retain girls in school;
iii.
Establish a policy to support pregnant girls during their schooling;
iv.
Raise awareness among parents, community and religious leaders about the
harmful effects of child marriages and early pregnancy.
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15. Women's Rights
i.
Ratify the Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women;
ii.
Increase awareness campaigns against gender-based violence, rape and FGM;
iii.
Improve policies and programmes to support women in rural areas for their
empowerment.
16. Children's Rights
i.
Continue its efforts to combat child labour.
17. Rights of Older Persons
i.
Ratify the Protocol to the African Charter on Human and Peoples' Rights on the
Rights of Older Persons;
ii.
Create mechanisms for the care of older persons;
iii.
Create recreational settings for older persons to avoid isolation.
18. Rights of People with Disabilities
i.
Ratify the Protocol to the African Charter on Human and Peoples' Rights on the
Rights of Persons with Disabilities;
ii.
Increase measures for the inclusion of people with disabilities and their effective
participation in public affairs;
iii.
Establish a mechanism for the accessibility of tools for people with disabilities;
iv.
Establish and ensure compliance with urban planning and construction standards
that respect the situation of people with disabilities.
19. Rights of Indigenous Peoples
i.
Put in place mechanisms to prevent agro-pastoral conflicts.
20. Extractive industries and the impact of the extractive industries on the
environment and on the lives of citizens
i.
Regularly document and make available data on the activities of the extractive
industries in Togo;
ii.
Establish an online publishable licence register for the extractive industries and
their control;
iii.
Ensure the reimbursement of citizens whose land has been expropriated;
v.
Adopt measures to ensure effective compliance with Corporate Social
Responsibility.
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21. Right to Peace and Security
i.
Enhance mechanisms to manage the spill over effect of Sahel crisis;
ii.
Increase measures to combat terrorism.
22. Transitional Justice
i.
To continue its actions for the reparation of the victims of the socio-political
crises.
II.
To other stakeholders
183. The delegation recommends to other stakeholders:
i.
The national institutions should continue their actions for the promotion and
protection of human rights in Togo;
ii.
The representatives of civil society should continue their efforts for the promotion
and protection of human rights in the country and avoid any fanaticism with the
different political persuasions;
iii.
The delegation recommends that the international community continue to support
the efforts of the Togolese government, the institutions of the Republic and civil
society in promoting and protecting human rights in Togo and in consolidating
democracy in the country.
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ANNEXES
Annex 1: List of people the delegation met during the meetings
Monday 3 October 2022
i. Meeting with Ministers of the Togolese Government and Senior Officials of the
Ministries
-
Mr Christian Trimua, Minister of Human Rights, Citizenship Training, Relations with
the Institutions of the Republic and Government Spokesperson;
-
Mr. Pius Kokouvi Agbetomey, Keeper of the Seals, Minister of Justice and Legislation;
-
Mrs Adjovi Lolonyo Apedoh-Anakoma, Minister of Social Action, Promotion of
Women and Literacy;
-
General Yark Damehame, Minister of Security and Civil Protection;
-
Prof. Akodah Ayewouadan, Minister of Communication and Media, Government
Spokesperson;
-
Mr. Ousmane Afo Salifou, Ministry of Foreign Affairs, Regional Integration and
Togolese Abroad;
-
Mr. Noundja Nakpergou, Ministry of Foreign Affairs, Regional Integration and
Togolese Abroad;
-
Mr Kandalé Kondoh, Ministry of Social Action, Promotion of Women and Literacy;
-
Mr Akomotè Adjibogou, Ministry of Grassroots Development, Youth and Youth
Employment;
-
Ms Abidé Kpemsi, Ministry of Social Action, Promotion of Women and Literacy;
-
Mr Abdou Gafaou Akpaou, Ministry of Human Rights, Citizenship Training,
Relations with the Institutions of the Republic;
-
Mr F-Olivier N. Agboka, Ministry of Communication and Media Relations;
-
Mr Akila Koye, Ministry of Human Rights, Citizenship Training, Relations with the
Institutions of the Republic;
-
Mr Kossivi Abalo, Ministry of Health, Public Hygiene and Universal Access to Health
Care;
-
Mr. Ferrand Senyikem, Ministry of Primary, Secondary, Technical and Handicraft
Education;
-
Mr Koffi Pali, Ministry of Justice and Legislation;
-
Mr. Tawfic Ouro-Tagba, Ministry of Foreign Affairs, Regional Integration and
Togolese Abroad; and
-
Other senior officials representing different ministries.
ii. Meeting with the European Union Delegation in Togo
- Ambassador Joaquin Tasso Vilallonga;
- Ms Anne Charlotte, Human Rights Officer.
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iii. Meeting with UNAIDS Country Office in Togo
- Mr Eric Verschueren, UNAIDS Country Director;
- Ms Maboudou, Monitoring Officer.
Tuesday 4 October 2022
iv. Meeting with the NHRC (CNDH)
- Mr Yaovi Sronvie, President;
- Ms Afi Attitso, Vice-Chairperson;
- Mr Wengbama Kodaga, Member;
- Ms Ashina Aissah-Assih, Member;
- Mr Dosseh Sohey, Member;
- Mr Komlan A. Blaise Narteh-Messan, Member;
- Ms Adjidjatou Bouraïma, Director of Promotion;
- Mr Koffi Alikizang, Director of Regional Actions;
- Mr Lawoè Yawo Agama, Director of Protection;
- Mr Batuzi Koffi Tchamdja, Advisor to the President;
- Mr Sonkiban Popole, Deputy Secretary General;
- Mr. A. Komi Liggie, Programme Director;
- Mr Kassime Maliwoe, Director of Prevention.
v. Meeting with the UNHCR Office in Togo
- Ms. Monique Edo Mihoe Atayi Kuassi, Head of Office;
- Mr Paul Siela, Protection Officer on mission.
vi. Visit to the Adétikopé Industrial Platform (PIA)
- Mr. Tushar Khairmar, Director General;
- Ms Mariama Alou, Marketing Manager for PIA;
- Commander Idiola Sandah, General Administrator of the Adétikopé Industrial
Platform Coordination Authority (ACP);
- Senior PIA officials.
vii. Meeting with the National Assembly
- Ms Raymonde Lawson, Chairperson of the Commission;
- Mr Derman Assouma, Member;
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- Mr. Torou Tetou,
- Mr Koundjau Monkpebor, 2nd Rapporteur;
- Mr Kossi Hounakey-Akakpo, Vice-Chairman;
- Mr Komina Keretcho, 1st Rapporteur of the Committee on Defence and Security;
- Mr Lactieyi Djafok, member of the Committee on Education and Socio-Cultural
Development;
- Mr Diéra-Bariga Nonon, Vice-Chairman of the Committee on the Environment and
Climate Change;
- Ms Konfitine Sankoumbine, Member of the Committee on External Relations and
Cooperation;
- Mr Felidja Dandani, Chairman of the Committee on Health, Population and Social
Action ;
- Ms Molgah Abougnima, 1st Rapporteur of the Committee on Constitutional Laws,
Legislation and General Administration;
- Mrs. Dzigbodi Atti, 1st Rapporteur of the Agro-pastoral, Spatial Planning and Local
Development Commission;
- Ms Leonardine de Souza, 2nd Parliamentary Secretary;
- etc.
viii.
Visit to the Civil Prison in Lomé
- Ms Eugénie K. Kodjolo, in charge of monitoring the prison population, social action
and reintegration;
- Mr. Kokou Lokou, Chief Supervisor;
- Mr Djessoa Baleda, Legal Officer.
Wednesday 5 October 2022
ix. Meeting with Civil Society Organisations and media professionals
- Mr Fabrice Petchezi, President, OTM;
- Mr Katakou Fovi, Nubueke;
- Mr Gbapeba Analene, Inclusion Coordinator, FETAPH ;
- Ms Noussoessi Aguey, Secretary General GF2D ;
- Ms Estelle Koudjonou, President of AJPDH;
- Mr. Arimiyao Tchagnao, President CONAPP;
- Mr Modeste Mensan-Wusu, President URATEL;
- Mr Eric Etse, Executive Director ANAT;
- Mr Mazamasso Palanga, ASVITTO;
- Mr. Alphonse Logo, SYNJIT;
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- Mr Michel Tchadja, METOCOB;
- Mr Kossi-Kuma Fomedi, NGO JVE;
- Mr Kossi Edouh, NUBUEKE;
- Mr Bruno Haden, ACAT Togo;
- Mr. Pius Kossi Kougblenou, PWYP;
- Mr Kofi Kpenkpa, President FODDET;
- Mr. Yao Dogbe, RELLITEHT;
- Mr David Dosseh, Togo Debout;
- Ms Adjidjatou Pounpouni, Programme Officer WILDAF-Togo;
- Mr Adjevi Lassey, Amnesty International Togo;
- Mr Kao Atcholi, ASVITTO;
- Mr Abalo BAdjaliwa, CACIT;
- Ms. Melanie Sonhaye Kombate; ROADDH;
- Mr Godwin Etse, CDFDH;
- Ms Claire Quenum, Focal Point, CSPPS;
- Mr Bonaventure Mawuvi, CTDDH;
- Mr. Anderson Akue, Ecovision afrik;
- Mr Mawuko Anani Ekuhoho, ANAVIE;
- Mr. Eyassamim Lemou, ATOPPEL;
- Mr Etonam Sossou, Union pour la Patrie;
- Mr Roger Kpakou, PCJV/CACIT.
x.
Meeting with the Mediator of the Republic & Meeting with the members of the
High Commission for Reconciliation and the Strengthening of National Unity
(HCRRUN)
- Mrs Awa Nana-Daboya, Mediator of the Republic and President of the HCRRUN;
- Mr. Evalo Wiyao, 1st Rapporteur of the HCRRUN;
- Ms Claudine Ahianyo, 2nd Rapporteur of the HCRRUN;
- Mr Joseph Koffigih, Special Adviser to the Mediator;
- Mr. Kpéréguéni Ibouraim, Central Treasury Inspector;
- Mr Komlavi Rowland, Civil Administrator of the Mediator;
- Mr Firakouma Mimatea, Rapporteur;
- Mr. Tony Akue-Gedu, Manager UNHCR;
- Mr. Kamalouddin Seidou, Ombudsman Protocol;
- Ms Antoinette Mb, Senior Assistant;
- Ms Adjo Lovi, HCRRUN;
- Mr. Senyo Ahli, Finance Officer;
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- Mr Jules Lemou, Communication Assistant HCRRUN;
- Mr. Gafaou Abdou Akpaou, Director of Legislation and Protection of Human Rights
at the Ministry of Human Rights, Citizenship Training and Relations with the
Institutions of the Republic.
xi. Meeting with the Supreme Court
- Mr. Bawa Yaya Abdoulaye, President of the Supreme Court;
- Ms Georgina Djidonou-Amaral, President of the Administrative Chamber;
- Mr. Koffi Agbenyo Bassah, President of the Judicial Chamber;
- Mr Gabriel Kodjo Woayi, Secretary General.
xii. Meeting with the Public Prosecutor
- Mr. Kodjovi Ekluboko, Attorney General accompanied by his two (2) lawyers.
Thursday 6 October 2022
xiii. Feedback meeting with Her Excellency Mrs Victoire Tomegah Dogbé, Prime
Minister of Togo
- Her Excellency Victoire Tomegah Dogbé, Prime Minister.
xiv.
End of Mission; Press Conference
- Media Professionals.
Annex 2: Agenda of the Mission
PROGRAMME OF MEETINGS OF THE AFRICAN COMMISSION ON HUMAN
AND PEOPLES' RIGHTS: 3-6 OCTOBER 2022
No.
TIME
STAKEHOLDERS
Monday 3 October 2022
1.
2.
08:00
15:00
Meeting with the Ministers of the Togolese Government and Senior
Officials of the Ministries
Meeting with the European Union Delegation in Togo
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3.
16:00
Meeting with UNAIDS Delegation in Togo
Tuesday 4 October, 2022
4.
08:00
Meeting with the CNDH
5.
09:45
Meeting with the UNHCR Office in Togo
6.
11:00
Visit to the Adétikopé Industrial Platform (PIA)
7.
15:00
Meeting with the National Assembly
8.
16:15
Visit to the civil prison in Lomé
Wednesday 5 October, 2022
9.
08:00
Meeting with Civil Society Organisations and media professionals
Meeting with the Mediator of the Togolese Republic
10.
12:00
Meeting with members of the High Commission for Reconciliation and
Consolidation of National Unity (HCRRUN)
11.
15:15
Meeting with the Supreme Court
12.
15:50
Meeting with the Public Prosecutor
Thursday 6 October, 2022
13.
08:30
Feedback Meeting with Her Excellency Mrs Victoire Tomegah Dogbé,
Prime Minister of Togo
14.
15:30
End of Mission; Press Conference
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