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Title: Togo Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
TOGO
President Gnassingbe Eyadema and his Assembly of the Togolese People
(RPT) party, strongly backed by the military, continue to dominate the
exercise of political power in Togo. The opposition, however, has since
February 1994 held a narrow majority in the National Assembly, and the
Government is headed by Edem Kodjo, leader of a small opposition party,
the Democratic Union of Togo (UTD). Most of the institutions called for
in the Constitution either do not exist or are too weak or fragile to
ensure democratic government. Togo took positive steps toward economic
and democratic reform and made some progress in its professed intention
to move from an authoritarian legacy to multiparty democracy.
The security forces consist primarily of the army (including the elite
Presidential Guard), navy, air force, the Gendarmerie, and the Surete
Nationale (which includes the national police). Approximately 90
percent of army officers and 70 percent of enlisted soldiers come from
the President's northern (Kabye) ethnic group. The Minister of the
Interior is in charge of the national police and the Defense Minister
has authority over other security forces. These ministers remain
overwhelmingly loyal to their chief, and thus President Eyadema
exercises direct control over the security forces. There are credible
reports that members of the security forces committed numerous serious
human rights abuses.
About 80 percent of the country's estimated 4.3 million citizens are
engaged in subsistence agriculture; there is also an active commercial
sector. Annual per capita gross domestic product is approximately $300.
Foreign donors, notably France and the European Union, resumed military
and economic assistance. The economy showed moderate growth this year.
The human rights situation improved somewhat, and the number of reported
violations significantly diminished. However, the conditions that led
to the abuses of the past--the political dominance of President Eyadema
and the unchecked actions of the military--still exist, and problems
remained in certain areas. There were credible reports that security
forces and their allies were responsible for extrajudicial killing,
beatings, intimidation, interference with privacy rights, and arbitrary
detentions. The Government did not effectively punish any of those
involved. In general, the Government does not investigate or punish
security force members who commit such abuses. Prolonged pretrial
detention is commonplace, and prison conditions remained very harsh.
The judicial system fails to ensure defendants' rights to fair and
expeditious trials. Some detainees wait as long as 4 years to be
judged. There were instances of infringement of freedom of speech of
the press by security forces. Discrimination and violence against women
continued, as did abuse of children. In August the Government signed an
agreement with the United Nations High Commissioner for Refugees (UNHCR)
to facilitate the safe repatriation of refugees from neighboring Ghana
and Benin.
Armed dissidents were responsible for the deaths of security force
personnel and civilians.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
Security forces were responsible for at least one extrajudicial killing.
On July 27, in Accra, Ghana, unknown persons credibly alleged to be
Togolese security forces murdered Lieutenant Vincent Tokofai, a leader
of the armed Togolese opposition in Ghana. Lt. Tokofai was one of the
guards for Prime Minister Koffigoh who defended the Prime Minister's
office during the December 1991 siege by security forces. He was
alleged to be the person responsible for killing the brother of
President Eyadema during that attack. The Government disclaimed
responsibility for Lt. Tokofai's murder but did not investigate,
prosecute, or punish anyone for the killing.
Lieutenant Colonel Yoma Djoua was convicted of robbery and premeditated
murder, and sentenced to 35 years' imprisonment. He had been under
arrest since 1994 and was widely thought to have committed many
extrajudicial killings on behalf of President Eyadema in the past.
There was no resolution of the 1994 murder of Action Committee for
Renewal (CAR) party leader Gaston Edeh.
On May 13, armed individuals, credibly alleged to be radical opposition
forces, fired on security forces in Bagbe, killing five soldiers and two
children of civilians. Opposition forces were also responsible for the
deaths of six soldiers in an armed battle in the Lome suburb of Ave-
Maria June 14, and for an attack in D'akepe which killed three soldiers
and three civilians.
b. Disappearance
There were no reports of politically motivated disappearances. There
were, however, no developments in the 1994 disappearance of diplomat
David Bruce, nor any resolution of the disappearances of Afougnilede
Essiba, Adanou Igbe, Kobono Kowouvi, and another companion, arrested by
soldiers at an armed checkpoint in Adetikope in 1994. In 1994 the
Government began an investigation of the Bruce disappearance, but has
not yet reported results.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law prohibits these practices, but on numerous occasions security
forces beat detainees immediately after arresting them. Some suspects
claimed to have been tortured. The Government did not investigate,
prosecute, or punish any officials for these abuses.
Prison conditions remained very harsh, with serious overcrowding and
inadequate sanitation and food. Medical facilities are practically
nonexistent, and widespread disease in prisons led to numerous deaths of
incarcerated individuals. Children are often incarcerated with
convicted adults. International and local private organizations have
access to prisons for monitoring purposes. Women are housed separately.
d. Arbitrary Arrest, Detention, or Exile
The law allows authorities to hold arrested persons incommunicado
without charge for 48 hours, with an additional 48-hour extension in
cases deemed serious or complex. In practice, detainees can be and
often are detained without bail for lengthy periods with the approval of
a judge. Family members and attorneys officially have access to a
detainee after the initial 48- or 96-hour detention period, but
authorities often delay, and sometimes deny, access.
Judges or senior police officials issue warrants. Although detainees
have the right to be informed of the charges against them, in practice,
police sometimes ignore this right. The law stipulates that a special
judge conduct a pretrial investigation to examine the adequacy of the
evidence and decide on bail. However, a shortage of judges and other
qualified personnel plus official indifference have resulted in lengthy
pretrial detentions--in some cases up to 4 years. An estimated 15
percent of the prison population were pretrial detainees. In rare
cases, the Government used brief investigative detentions of less than
48 hours to harass and intimidate opposition journalists for alleged
defamation of government officials (see Section 2.a.).
There were credible allegations of arbitrary arrests and detention. On
June 23, military police arrested Lt. Adiliou Badie of the national
gendarmerie in Lome. He was allegedly the leader of a group trying to
free Lt. Col. Djoua (see Section l.a.). Held without trial or charges,
Badie remains incarcerated at the officers' mess in Kara. Security
forces detained former refugee Kokou Koudaya and Ghanaian Salifou Zakari
without trial and without access to a lawyer or family for 10 months;
both claimed to have been tortured. Koudaya, an opposition party
member, was charged with arms possession and fraud. Although their
arrests predated the general amnesty of December 14, 1994, they were not
released until August 28.
The Constitution prohibits exile, and the Government did not formally
exile anyone.
e. Denial of Fair Public Trial
Although the Constitution provides for an independent judiciary, the
executive branch continued to influence the judiciary in practice.
The Supreme Court stands at the apex of the court system. The civil
judiciary system includes the Sessions (Court of Assizes) and Appeals
Courts. A military tribunal exists for crimes committed by security
forces, but its proceedings are closed. Traditional law discriminates
against women, particularly in the area of inheritance.
The court system remained overburdened and understaffed (see Section
l.d.), and magistrates, like most government employees, are not always
paid on time. The judicial system employs both African traditional law
and the Napoleonic Code in trying criminal and civil cases. Trials are
open to the public, and judicial procedures are generally respected.
Defendants have the right to counsel and to appeal. The Bar Association
provides attorneys for the indigent. Defendants may confront witnesses,
present evidence, and enjoy a presumption of innocence. In rural areas,
the village chief or council of elders may try minor criminal and civil
cases. Those who reject the traditional ruling may take their cases to
the regular court system, which is the starting point for cases in urban
areas.
The Government released all political prisoners in late 1994 and early
1995 under the December 1994 general amnesty. Several opposition groups
claim that the Government holds nine prisoners at the Kara military
prison for political reasons, but most groups--including the independent
Togolese League of Human Rights--consider them to be civil prisoners
convicted in a public trial in which their rights to due process were
respected.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
In criminal cases, a judge or senior police official may authorize
searches of private residences. In political and national security
cases, the security forces need no prior authorization. Police
conducted searches without warrants, searching for dissidents' arms
caches as well as for criminals. The Government monitors telephones and
correspondence, and maintains the police and gendarmerie as domestic
intelligence services.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press, and the
Government generally respects these rights in practice, although on
occasion it intimidated journalists through threats, detention, and
persecution. Authorities detained Knock-Kalao Billy, director of
publication of the satirical weekly newspaper Kpakpa Desenchante on June
2, following publication of an article critical of the gendarmerie. He
was released after a few hours of questioning. In November, Fulbert
Altisso, director of the opposition newspaper L'Eveil du Peuple, was
arrested and charged with defamation in regard to an article accusing
security forces of murdering four civilians. The Government released
him December 26. Journalist Martin Dossou Gbenouga, Managing Editor of
Tribune des Democrats, was pardoned after originally being convicted of
defamation of the President, and released in January.
In early August, the Secretary of State for Security cited an outdated
law in an attempt to penalize opposition newspapers for not conforming
to government guidelines. The same week, security forces confiscated
issues of La Sentinelle and La Lettre de Tchaoudjo and harassed street
vendors of opposition newspapers. The editors of La Sentinelle who fled
the country in 1994 remain abroad. Authorities also seized copies of
the opposition La Crocodile from the streets.
There is a lively press--often extremely critical of President Eyadema
and Prime Minister Kodjo--of approximately 10 independent newspapers.
There is one independent radio station, but it operates without an
official license. The official media consist of one radio station, one
television station, and one daily newspaper. Although they were
generally slanted in favor of President Eyadema and the Government, they
allowed the opposition limited access. In October two private
television stations received licenses to broadcast, but neither provide
any reporting of local or national events.
At the University of Benin, Togo's sole university, academic freedom is
constrained by concern among professors about potential harassment by
the Government or antiopposition militants.
b. Freedom of Peaceful Assembly and Association
Under the Constitution, citizens are free to organize in associations
and political parties, but fear of harsh reaction from the Government
has reduced public demonstrations.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
generally respects this right in practice.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for these rights, and the Government generally
respects them in practice. However, armed roadblocks and arbitrary
searches of vehicles are commonplace. The lack of discipline of the
soldiers manning the roadblocks, and actions such as firing at vehicles
and frequently demanding bribes before allowing citizens to pass,
impedes free movement within the country. Of the estimated 300,000
refugees who had left Togo for security-related or economic reasons in
the early 1990's, approximately 100,000 have still not returned.
In August the Government negotiated an agreement with the United Nations
High Commissioner for Refugees (UNHCR) for the repatriation of an
estimated 45,000 Togolese refugees living in Benin and 75,000 to 80,000
living in Ghana. At year's end, registration of refugees had begun, and
some spontaneous repatriations had taken place.
The Government accommodates roughly 8,500 refugees, mainly Ghanaians,
and there were no reports of forced expulsion of those having a valid
claim to refugee status.
Section 3 Respect for Political Rights: The Right of Citizens to
Change their Government
The Constitution provides for the right of citizens peacefully to change
their government. In recent elections, however, this right has been
only partly respected. Although international observers considered the
1994 legislative elections to be generally free and fair, they found the
1993 presidential elections to be seriously flawed. Institutions
created to ensure transparency in electoral procedures and to adjudicate
election disputes, such as the National Electoral Commission and the
Constitutional Court, are still not in place. Three legislative seats
won by the opposition, then questionably invalidated by the Supreme
Court's Constitutional Chamber in 1994, remain unfilled. There has been
no significant progress toward setting by-elections.
Although the opposition majority in Parliament has on occasion shown
independence, President Eyadema continues to dominate the Government.
In 1994 Eyadema used a questionable interpretation of the Constitution
to install Edem Kodjo, the leader of a minority opposition party, the
UTD, as Prime Minister. While Kodjo has demonstrated some independence
from Eyadema--notably in successfully negotiating the refugee
repatriation agreement with the UNHCR and a less successful effort to
open the phosphate parastatal to private investment--Eyadema continues
to influence important ministerial nominations, and maintains a highly
centralized government. The Government does not openly restrict the
functioning of political opponents, but the President uses the strength
of the military and his government allies to intimidate and harass
citizens and opposition groups. Eyadema also continues to influence the
judiciary. The 9-month boycott of the National Assembly by the
opposition majority CAR party limited the Parliament's ability to act
independently of the President. The CAR returned to Parliament in
August.
The Constitution provides for universal suffrage and a secret ballot.
There are no legal restrictions on the participation of women or ethnic
minority members in political activities. Although many women are
members of associations and political parties, teachers' unions, and
protest groups, there was only one female minister in government and one
female deputy in the National Assembly.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
There are several local private human rights groups, including the
Togolese Human Rights League (LTDH) and the Association for the
Promotion of the Rule of Law. Several international human rights
organizations, including the U.N. Center for Human Rights, visited Togo.
In general the Government allows these groups access to investigate
alleged violations of human rights, although there were instances of
threats and intimidation of human rights leaders.
The National Human Rights Commission (CNDH), a government-sponsored and
government-funded human rights organization, hosted a 3-day seminar for
African national human rights commissions. Together with the LTDH, the
CNDH was vital in the release of Kokou Koudaya and Salifou Zakari (see
Section l.d.), but was otherwise relatively inactive. The International
Committee of the Red Cross has a permanent representative in Togo.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution prohibits discrimination on the basis of ethnic group,
regional or family origin, sex, religion, social or economic status, or
personal political or other convictions. However, the Government does
not provide effective redress for discrimination complaints, and
discrimination based on both ethnic group and sex is common.
Women
Violence against women, including wife beating, continues. Although
mechanisms exist within both the traditional extended family and formal
judicial structures for redress, the police rarely intervene in domestic
violence cases. Local houses of prostitution exist, and some
trafficking in Togolese women for the purposes of prostitution or for
exploiting women as domestic servants occurs with no visible effort by
the Government to curtail these abuses. Women's groups and related
nongovernmental organizations have active campaigns to inform women of
their rights.
Despite a constitutional declaration of equality under the law, women
continue to experience discrimination, especially in education, pension
benefits, and as a consequence of traditional law. A husband may
legally oppose his wife's right to work and control her earnings, as
well as decide where his family will live. Employers are often
reluctant to hire women, especially for higher-level positions. Far
fewer women than men attend university, and fewer women graduate from
secondary school. Families traditionally give boys priority over girls
when deciding who shall attend school. In urban areas, women dominate
local market activities and commerce with Togo's neighbors. However,
harsh economic conditions in rural areas, where most of the population
lives, leave women with little time for anything other than taxing
domestic and agricultural field work. Under traditional law, which
applies for the vast majority of women, a wife has no rights of
survivorship in the event of divorce, separation, or the death of her
husband.
Children
Although the Constitution and laws provide for the protection of
children's rights, in practice government programs often suffer from a
lack of money and materials. The Government provides free education in
state schools, and there are social programs to provide free health care
for poor children. Orphans and other needy children receive some aid
from extended families or private organizations but less from the State.
There are few juvenile courts, and children are often jailed with
adults. There are credible reports that trafficking in children for the
purpose of forced labor exists (see Section 6.c.).
Female genital mutilation (FGM) is widely condemned by international
health experts as damaging to both physical and psychological health.
The Government has no stated policy on FGM, which is practiced by some
ethnic groups in Togo's northern and central regions. Although there
are no reliable figures, according to some estimates, as many as 50
percent of Togolese women may have undergone FGM.
People with Disabilities
The Government does not mandate accessibility to public or private
facilities for people with disabilities. Although the Constitution
nominally obliges the Government to aid disabled persons and shelter
them from social injustice, the Government provides only limited
assistance in practice. While there is no overt state discrimination
against disabled persons, and some hold responsible government
positions, the disabled have no meaningful recourse against private
sector discrimination, which compels many to beg.
National/Racial/Ethnic Minorities
Members of northern ethnic groups dominate the security forces, while
southerners dominate most commerce and the professions. With a few
exceptions, southerners and northerners are also divided along political
lines. Civil unrest in recent years and inadequate or prejudicial law
enforcement exacerbated ethnic rivalries dating from precolonial times.
With the rise in north-south tensions, majority ethnic group members in
those regions have harassed and attacked their neighbors belonging to
the minority groups, forcing them back to their home regions. In recent
years, many Togolese, predominantly southerners, fled to neighboring
Benin and Ghana, and members of northern ethnic groups were internally
displaced.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides most workers with the right to join unions and
the right to strike. Security forces, including firemen and policemen,
do not have these rights; government health care workers may join unions
but may not strike. The work force in the formal (wage) sector is
small, involving about 20 percent of the work force, of whom 60 to 70
percent are union members or supporters. There was one publicly
announced strike, a 1-day "wildcat strike" by a group of Air Afrique
airline workers.
There are several major trade union federations. These include the
National Confederation of Togolese Workers (CNTT), closely associated
with the Government, the Labor Federation of Togolese Workers (CSTT),
the National Union of Independent Syndicates (UNSIT), and the Union of
Free Trade Unions.The various federations and unions are free to
associate with international labor groups. The CNTT and the UNSIT are
affiliates of the International Confederation of Free Trade Unions.
The Constitution also prohibits discrimination against workers for
reasons of sex, origin, beliefs, or opinions. There is no specific law
prohibiting retribution against strikers.
b. The Right to Organize and Bargain Collectively
The Labor Code nominally provides workers with the right to organize and
bargain collectively. All formal sector employees are covered by a
collective bargaining agreement. However, true collective bargaining is
limited by the Government's role in producing a single tripartite
bargaining agreement which was signed by the unions, management, and the
Government. This agreement set wage standards for all formal sector
employees. Individual groups in the formal sector can attempt through
collective bargaining to negotiate a more favorable package, and some
do, but this is not common.
The Labor Code prohibits antiunion discrimination. The Ministry of
Labor is charged with resolving labor-related complaints but does not
always do so effectively.
A 1989 law allows the establishment of export processing zones (EPZ's).
Many companies have EPZ status, and about 20 are currently operating.
The EPZ law provides exemptions from some provisions of the Labor Code,
notably the regulations on hiring and firing. Employees of EPZ firms do
not enjoy the same protections against antiunion discrimination as do
other workers.
c. Prohibition of Forced or Compulsory Labor
The law does not specifically address this question, and children are
sometimes engaged in forced labor, primarily as domestic servants.
Credible sources have confirmed the international trafficking of
children, most often to other West and Central African countries, but
also to the Middle East and Asia. In rural areas, parents sometimes
force young children into domestic work in other households in exchange
for cash. The Government has done nothing to stop this practice.
d. Minimum Age for Employment of Children
The Labor Code prohibits the employment of children under the age of 14
in any enterprise. Some types of industrial and technical employment
require a minimum age of 18. Inspectors from the Ministry of Labor
enforce these age requirements, but only in the formal sector in urban
areas. In both urban and rural areas, particularly in farming and petty
trading, very young children traditionally assist in their families'
work. Under the Constitution, school is mandatory for both sexes to age
15, but this is not strictly enforced.
e. Acceptable Conditions of Work
The Government sets minimum wages for different categories, ranging from
unskilled labor through professional positions. Less than the official
minimum wage is often paid in practice, mostly to less-skilled workers.
Official monthly minimum wages range from approximately $28 to $44 (cfa
14,000 to cfa 22,000). This 1987 minimum wage has not been revised,
despite the 50 percent devaluation of the CFA in 1994. Many workers
cannot maintain a decent standard of living at the lower official
minimum wages, and many must supplement their incomes through second
jobs or subsistence farming. The Ministry of Labor is ostensibly
responsible for enforcement of the minimum wage system but does not
enforce the law in practice. The Labor Code, which regulates labor
practices, requires equal pay for equal work, regardless of sex.
However, this provision is generally observed only in the formal sector.
Working hours of all employees in any enterprise, except for
agricultural enterprises, normally must not exceed 40 hours per week; at
least one 24-hour rest period per week is compulsory, and workers must
receive 30 days of paid leave each year. The law requires overtime
compensation, and there are restrictions on excessive overtime work.
The Ministry of Labor's enforcement is weak, however, and employers
often ignore these provisions.
A technical consulting committee in the Ministry of Labor sets workplace
health and safety standards. It may levy penalties on employers who do
not meet the standards, and employees ostensibly have the right to
complain to labor inspectors of unhealthy or unsafe conditions without
penalty. In practice, the Ministry's enforcement of the various
provisions of the Labor Code is limited. Large enterprises must legally
provide medical services for their employees and usually attempt to
respect occupational health and safety rules, but smaller firms often do
not.
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