Mission Reports

Report of the Promotion Mission to the Togolese Republic _ 3rd - 6th October, 2022

Report of the Promotion Mission to the Togolese Republic _ 3rd - 6th October, 2022.pdf
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 Page 2 on 43
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 Page 3 on 43
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 Page 4 on 43
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 Page 5 on 43
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 Page 6 on 43
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; Page 10 on 43
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 Page 11 on 43
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. Page 13 on 43
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. Page 14 on 43
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 Page 17 on 43
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. Page 18 on 43
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. Page 19 on 43
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 Page 20 on 43
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 Page 21 on 43
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. Page 22 on 43
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. Page 23 on 43
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 Page 24 on 43
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. Page 25 on 43
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 Page 26 on 43
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 Page 27 on 43
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. Page 29 on 43
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. Page 30 on 43
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 Page 31 on 43
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; Page 32 on 43
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. Page 33 on 43
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. Page 34 on 43
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. Page 35 on 43
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. Page 36 on 43
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. Page 37 on 43
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. Page 38 on 43
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; Page 39 on 43
- 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; Page 40 on 43
- 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; Page 41 on 43
- 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 Page 42 on 43
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 Page 43 on 43

Created Jun 17, 2026 · Edited Jul 7, 2026