COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF TOGO

Committee on the Elimination
of Racial Discrimination

31 July 2008



The Committee on the Elimination of Racial Discrimination has considered the combined sixth to seventeenth periodic report of Togo on how that State party is fulfilling its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination.

Célestine Akouavi Aidam, Minister of Human Rights and the Consolidation of Democracy of Togo, introducing the report, said that Togo had gone through a long history of difficulties in the transition to democracy. The long socio-political crisis from 1990 to 2007 had been aggravated by economic sanctions against Togo since 1993. After efforts to renew cooperation with the international community, the Togolese Government initiated a national political dialogue which concluded with the signature in 2006 of the Global Political Accord. The implementation of this peace agreement had made it possible for elections to be held on 14 October 2007 and the establishment of the presence of the Office of the High Commissioner for Human Rights in Togo. The efforts of the Government and the steps taken by the Office of the High Commissioner for Human Rights made possible the real objectives of the peace agreement. Togo had ratified a number of international conventions on human rights. Serious efforts were needed for the population to fully enjoy these main rights, as the last 14 years had provided a number of challenges to the implementation of the provisions of a number of the international human rights conventions ratified by Togo.

Koffi Kounte, President of the National Human Rights Commission of Togo, speaking about the work of the Commission, said that the prohibition of racism and racial discrimination was at the centre of its work. Regional and tribal discrimination were central to the causes of conflicts between the people of Togo. The Commission engaged in an awareness raising campaign in the countryside and rural areas, calling upon people to do away with tribalism and discriminatory acts.

In preliminary concluding remarks, Régis de Gouttes, the Committee Expert serving as country Rapporteur for the report of Togo, said that it was a very fruitful dialogue and the delegation provided a great deal of detailed information. He welcomed the developments made on national reconciliation, the normalization of the civil administration, the reform of civil law and the ongoing reforms to the justice system. He noted that concerns remained. Specifically with the set-up of the Truth, Justice and Reconciliation Commission, on the one hand impunity needed to be decreased, but on the other hand there should be a goal for a true national reconciliation where peace prevailed. It was important to point out that possible racial discrimination remained in the armed forces and with the preference of support that the Government gave to the dominant political group in the country.

Questions raised by Committee Experts included concerns, amongst other things, on the definition of national unity and the potential for such an aim to suppress local ethnic identities; the enrolment rates of girls in education; exploitation of children as domestic workers; the torture and ill treatment of detainees, especially women; the status of the Truth, Justice and Reconciliation Committee; the incorporation of Convention, specifically article 1 pertaining to the definition of racial discrimination and article 4 pertaining to punishment of acts of discrimination in the Constitution; racial discrimination within the civil service and armed forces; the lack of resources for the legal system and the absence of complaints lodged with the National Human Rights Commission.

The Committee reviewed the report of Togo over two meetings and will issue its concluding observations and recommendations at the end of the session on 15 August.

Togo is one of the 173 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination and is obligated to submit periodic reports on the implementation of the provisions of the Convention.

Togo's delegation, which presented the report, included representatives from the Ministry of Human Rights and the Consolidation of Democracy; Ministry of Justice; Ministry of Security and Civil Protection; the Permanent Mission of Togo to the United Nations Office at Geneva; the Ministry of Foreign Affairs and Regional Integration, and the Ministry of Defence and Veterans.

When the Committee reconvenes on Thursday, 31 July at 3 p.m., it will begin consideration of the combined eighteenth to nineteenth periodic reports of the Russian Federation.

Report of Togo

The combined sixth to seventeenth periodic report of Togo, submitted in one document (CERD/C/TGO/17), notes that in the early 1990s Togo was marked by social and political unrest, and in response to demands for political change the country introduced democracy and a multiparty system. During the period of transition to democracy, inter-ethnic strife led to several deaths in Barkoissi, Sotouboua, Bassar, Bodjé and Médjé and to the expulsion of groups in certain areas where they had previously lived in harmony for decades. A national conference in July and August 1991 was held, establishing the transitional bodies responsible for conducting democratic elections and drafting the Constitution of the Fourth Republic, which was adopted by referendum in October 1992. Following this, the Ministry of Human Rights was established in 1992 in order to broaden the institutional framework for protecting and promoting human rights in the country, and has now changed its name to the Ministry of Justice, which is responsible for promoting democracy and the rule of law. In May 1994, the first Government was committed to building a democratic Togo, in which all population groups would be reconciled and united in their desire to safeguard national unity, peace and public tranquillity. Considerable efforts were made to promote national reconciliation, amongst the measures taken, training seminars were held on democracy, national reconciliation, and tolerance in Lomé, Kpalimé and Kara in 1995 and Dapaong, Sokodé and Aného in 1996. The aim was to banish the hatred that had divided the Togolese people and to encourage them to cherish dialogue, tolerance and consensus.

A decisive step was taken in that direction with the signing of an agreement between the Government of Togo and the Office of the United Nations High Commissioner for Refugees (UNHCR) on 12 August 1995, to promote, facilitate and organize the voluntary repatriation of Togolese refugees who were obliged to leave the country as a result of the social and political unrest that prevailed during the period of transition to democracy. As part of the Government's unstinting efforts to restore the rule of law in Togo, measures continue to be taken to incorporate into domestic law all the international standards contained in the various international human rights instruments. Thus, according to the preamble to the Constitution of 14 October 1992, “the Togolese people are determined to build a State based on the rule of law, in which fundamental human rights, civil liberties and the dignity of the individual shall be guaranteed and protected”. Furthermore, Togo has ratified or acceded to most international instruments on the protection and promotion of human rights and has formally incorporated them into its Constitution.

Presentation of Report

CÉLESTINE AKOUAVI AIDAM, Minister of Human Rights and the Consolidation of Democracy of Togo, introducing the report, said that Togo had gone through a long history of difficulties in the transition to democracy. The long socio-political crisis from 1990 to 2007 had been aggravated by economic sanctions against Togo since 1993 by development partners, especially the European Union and the United States. After efforts to renew cooperation with the international community, the Togolese Government initiated a national political dialogue which concluded with the signature in 2006 of the Global Political Accord. The implementation of this peace agreement had made it possible for elections to be held on 14 October 2007, and the establishment of a presence of the Office of the High Commissioner for Human Rights in Togo. The efforts of the Government and the steps taken by the Office of the High Commissioner for Human Rights made possible the real objectives of the peace agreement. Togo had ratified a number of international conventions on human rights. Serious efforts were needed for the population to fully enjoy these main rights, as the last 14 years had provided a number of challenges to the implementation of the provisions of a number of the international human rights conventions ratified by Togo. The lack of financial resources and the lack of certain recent data all contributed to the long time span between reports submitted to the Committee.

Ms. Aidam said that following the consideration of the past reports, the Committee posed 28 questions and the current report addressed these in the best possible way considering the circumstances. The report of Togo was comprised of two parts: the first part related to the evolution of the political institutions, the present political administrative structures, and the judicial protections of human rights. The second part related to information on articles 2 through to 7 of the Convention. The concerns of the Committee were grouped into five key areas: the definition of racial discrimination; the provisions that related to the elimination of racial discrimination; the independence of the National Human Rights Commission and its actions in favour of the elimination of racial discrimination; the measures taken by the Government to give effect to the Convention; and the information requested by the Rapporteur with regard to the Convention.

KOFFI KOUNTE, President of the National Human Rights Commission of Togo, speaking about the work of the Commission, said that the prohibition of racism and racial discrimination was at the centre of its work. As an independent international institution the Commission's work highlighted the fact that there were a number of variables in Togo that did not exist elsewhere. To that effect he said that racism based on colour did not exist in Togo. Regional and tribal discrimination were central to the causes of conflicts between the people of Togo. The Commission engaged in an awareness raising campaign in the country side and rural areas, calling upon people to do away with tribalism and discriminatory acts. The Commission was engaged in establishing seminars and programmes in collaboration with the Government to eradicate this phenomenon. The Commission called on the Government to take more decisive decisions to assist the process of national reconciliation. He also requested that the Committee include a recommendation in its final observations in this context.

Response by the Delegation to Written Questions Submitted in Advance

Responding to the list of issues submitted by the Committee in advance with regard to the definition of racial discrimination within the meaning of article 1 of the Convention, the delegation noted that there was a new draft amendment to the Criminal Code put forth for adoption, which would criminalize racial discrimination in accordance with the section of the Programme for the Modernization of the Justice System on the harmonization of national legislation with international human rights instruments ratified by Togo. It would be distributed widely once adopted.

The principle that all human beings should enjoy equal dignity and rights was contained in article 11 of the Constitution, noted the delegation. The provisions of domestic law which infringed on this principle were found in the Nationality Code and in the Individuals and Family Code under which, respectively, women could not pass on their nationality to their children and could not inherit from the deceased if during his lifetime he had not opted for the application of the modern law. With respect to the Nationality Code, article 32 of the Constitution provided that children born to a Togolese father or mother must be granted Togolese nationality by law. The international agreements on gender equality which conferred rights and did not require any harmonization with domestic law before their application were being implemented, so that women enjoyed the same right to inherit as men. The constitutional principle set out in article 11 should be applied in domestic law. The Criminal Code had not taken into account the legislative provisions which suppressed the behaviour specified in article 11, paragraph 3, of the Constitution. This shortcoming had been remedied with the amendment of the Criminal Code, which was older than the Constitution, and had incorporated the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

Article 50 and 140 of the Constitution gave light to the integration into national law of the provisions of the Convention, and the delegation said that the application of international agreements required the analysis of the specifics of the agreements as in some cases it was not automatic that they were applied. The exact conditions of how they were applied related to the objectives of the case. Those provisions that related to fact were subject to the provisions of internal law, which included relevant sanctions. Acts that required punishment had been applied in the past.

On the strengthening of measures to combat racism and racial discrimination, the delegation noted that consultations with the newly established Truth, Justice and Reconciliation Commission would take into account the conclusions of different reports, both national and international. Thus taking into account what studies had been produced and a chance to analyse the data from a range of sources would in turn more effectively guide the measures taken to combat such acts.

The crisis in Togo had provided a clearer picture of the issue of discrimination, said the delegation. In an aim to initiate the reconciliation process in Togo, the Office of the High Commissioner for Reconciliation and Strengthening National Unity was established by Decree on 11 March 2008.
Its responsibilities included presenting to the President of the Republic all measures which may strengthen the effectiveness of the institutions involved in nation-building; proposing legislative or regulatory measures to establish a commission responsible for combating impunity and promoting forgiveness and reconciliation; proposing any relevant legislative or institutional measures to combat impunity, promote community values of peaceful coexistence, a culture of dialogue and solidarity and the participation of citizens in everyday life based on the acceptance of differences; and ensuring, in the fulfilment of its mandate, observance and implementation of the goals of combating impunity and promoting reconciliation, peace and national unity by all national authorities and actors. Furthermore, a study on the occurrence of ethnic strife had been carried out and the conclusions had been taken into consideration by the Office of the High Commissioner for National Reconciliation within the scope of its mandate. One of the results of the Office was the adoption of the membership and organization of the National Human Rights Commission. The National Human Rights Commission was proven to be an independent, effective and credible entity, and as a result in Geneva 14-18 April 2008 was accredited with “A” status under the Paris Principles. The National Human Rights Commission in August 2001 held a workshop on human rights, in which feedback remained to be received.

The Government had started to think about how to balance out ethnic representation in the civil service, the delegation noted. Therefore particular emphases had been placed on candidates applying for positions to identify their origins in order to reflect the demography of the country in the civil service. The Government of Togo intended to make the armed forces a republican “A” political entity, which was given effect with the Act 1 March 2007 on the status of Togolese military personnel and armed forces. Centres had also been set-up to train the judiciary with the help of France.

The Government of Togo adopted a decree on 17 November 1998 on the inclusion of human rights education in Togolese schools. The decree introduced the teaching of basic human rights, public freedoms, the dignity of the human person and subjects relating to these principles for training citizens in democratic culture and peace. However, the programme was not very successful owing to the difficulties the country faced. The National Programme for the Promotion and Protection of Human Rights, prepared by the Ministry of Human Rights and Consolidation of Democracy with support from United Nations Development Programme and adopted by the Council of Ministers on 31 May 2007, devoted one section to the teaching of human rights and the dissemination of the international human rights instruments ratified by Togo. This Programme was just beginning to be implemented and a piloting committee had been established.

On the question of measures taken to strengthen national unity, the delegation said that the media broadcasted programmes that promoted tolerance among Togo's various ethnic groups, through sketches and special advertisements. Further, the political parties and the Government of Togo signed the Global Political Accord, brokered by President Blaise Compaoré of Burkina-Faso, on 20 August 2006, and established a follow-up committee. The agreement proposed the creation of two commissions that would be responsible for establishing the truth on past post electoral crimes and human rights violations, and for promoting reconciliation. The Office of the High Commissioner for Human Rights in Togo would provide technical, neutral support for the process. A code of good conduct was also established to assist more successful elections within the country. Under the code political players were committed to social harmony, to reject all forms of discrimination and to accept diverse political opinions. On the concern of integrating more women in the national elections and political life, the Government encouraged political parties to integrate women by setting a minimum number of women as a requirement for the make-up of political parties. It was also noted that since the submission of the periodic report Togo had made significant progress in addressing measures to combat racism and racial discrimination.

Further, the delegation noted that the lack of adequate financial means to ensure the effectiveness of measures made on the ground remained a real challenge. The Office of the High Commissioner for Human Rights in Togo conducted workshops held from 7 to 11 July 2008 on drafting techniques for initial and periodic report submissions. This was a fruitful and constructive avenue for the Togolese Government to increase interaction with the treaty bodies. Togo remained focused on the search for solutions to ensure public freedom and full enjoyment of rights for its entire people.

Oral Questions Raised by the Rapporteur and Experts

RÉGIS DE GOUTTES, the Committee Expert serving as country Rapporteur for the report of Togo, said that the high level of the delegation reflected Togo's commitment to the work of the Committee. The cause for delay in reports was primarily due to the political crisis the country had been experiencing. On 3 and 4 December 2007 a sub-regional workshop was held on racial discrimination in Togo as well as the Durban Plan of Action. It brought together 14 countries in West Africa and the Office of the High Commissioner for Human Rights in Togo, amongst others. The topics included tribal and regional problems faced by African countries in dealing with the problem of racism and racial discrimination in their respective countries.

Mr. de Gouttes said that his analysis included two parts: one which focused on the general information and the second part related to the information concerning the articles of the Convention. He noted that the political and institutional situation from 1960 to 1999 in Togo was covered in the report from Togo, and welcomed additional information for any new developments taken after 1999. On social characteristics of Togo, the official language was French, however, as of 1980 Ewa and Kabeneah were taught in schools. The economic and political situation in the country had seriously worsened since international aid ended in 1993 and the burden of debt had a major impact. The main donor and organizations were ready to resume their work; however, this depended on the reforms currently taking place in Togo.

Mr. de Gouttes explored the factors and difficulties that impeded the implementation of the Convention in Togo. The report of Togo recognized that the country very nearly found itself in a state of ethnic intolerance with the increase of attacks on certain ethnic groups, the massacre of people and other acts of violence. Further, encouragement of tribal hatred led to scores of incidents of violence in the cities and rural areas. Acts of murder, assault and battery had also increased. In July 2006 the Committee on Torture noted the ill treatment of women in prisons. On the issue of discrimination against ethnic groups, discrimination existed based on ethnic appearance, especially involving people from the north and south, which led to inter-ethnic violence. Discrimination against women, especially in the area of education and inheritance rights, was confirmed by the concerns of the Committee against Torture and the Committee on the Elimination of Discrimination against Women in 2006. The problems in the area of health related to malaria, AIDS, the lack of access to drinking water supply and the global market of medicines and the lack of health workers.

Article 1 of the Convention was not dealt with in the report of Togo. Mr. de Gouttes asked the delegation to provide additional statistical information based on the population. He also wanted to know if a definition on racial discrimination existed that was fully compatible with article 1 of the Convention, and was the Convention or parts of it applicable in courts? On the process of reconciliation and strengthening of national unity, what measures had been taken to advance this effort and what measures had been taken to combat racial discrimination in politics and the State party.

Mr. de Gouttes welcomed the February 2005 reform which enshrined the independence of the National Human Rights Commission as an “A” status institution, fulfilling the requirements set out by the Paris Principles. He asked for information on actions carried out by the Commission on Human Rights. He also asked when the Truth, Justice and Reconciliation Commission would start its work. The Fact Finding Mission 2005 made recommendations that the army be converted into a republican army that was politically neutral. He also asked when the reform to include the definition of racial discrimination in keeping with the meaning of article 1 of the Convention would be incorporated in the Criminal Code. It was noted as a concern that the written report noted that racial discrimination did not take place in Togo, and few lodged complaints had been lodged, especially considering that a number of ethnic clashes were reported and were ongoing in the country.

Further Mr. de Gouttes asked what measures were adopted to promote all the ethnics groups in all parts of the State institutions. Additional information was also requested on the cases of children who had been obliged to work as domestic workers; what were the sanctions against the perpetrators and what recourse was provided for the victims.

Committee Experts raised concerns and asked a number of questions on national unity with regard to what measures were taken by the Government, what did national unity mean and why was it not possible for ethnic identities to be encouraged and still maintain unity within the country? On the number of ethnic clashes exploding in Togo, an Expert asked, what role did the media and Government take, if any, in the prevention or incitement of such clashes. On low enrolment rates of females in schools, an Expert asked what was being done to encourage or discourage girls from attending school and how were cultural norms, if any, discouraging girls' participation in school being addressed. Further, on the enforcement of the death penalty, an Expert noted concern and asked why the country still supported this type of punishment which was discouraged largely by members of the international community.

Response by Delegation to Oral Questions

In response to oral questions raised by Committee Experts, the delegation said that impunity fed and encouraged political violence in Togo and the Government was committed to fight against it. In an aim to bring about positive effects in this context, there was a need for what was pedagogical in nature, a change in the thinking and reflex of the perpetrators so that both in the present and future there was reassurance that these acts would not be repeated. Further, the National Consultation exercise had led to the creation of the Truth, Justice and Reconciliation Committee which was mandated to effectively resolve the issue of impunity.

On the absence of complaints lodged with the National Human Rights Commission, the delegation said it was linked to a lack of knowledge within the population of the appeal process open to them. In that regard the Government, the National Human Rights Commission and other non-governmental organizations were actively engaged in carrying out campaigns to promote this service which was available to all citizens.

The lack of resources for the legal system was a reality, however assistance from a number of development partners allowed for the acquisition of new materials such as libraries, a judicial intranet, computers, and various other things, noted the delegation. The Government's focus was the improvement of the legal system through a programme of modernization, which took into account all international instruments available to Togo. Furthermore, a judicial database had been launched in August 2008, and the European Union in July 2008 carried out a project to built and equip two appeal courts in Togo which also involved other rehabilitation structures already present in the country. The Government had operated credit systems to each court which ensured adequate resource allocation was available to each court. On the definition of racial discrimination as set out in article 1 of the Convention, the delegation said it was being put into law with the current draft legislation to be included in the Criminal Code; however, there was no precise time table for how long it would take to adopt the new Criminal Code

France was working with Togo on capacity building for judges and magistrates through a comprehensive training programme which would culminate into the building of a judicial training institute in Bordeaux, France. A team of magistrates had been sent to the future institute to train every applicant on the judicial field. On the measures to increase staff and personnel, every year a competitive exam was conducted in Togo in which successful candidates were selected and integrated into the judicial order, and for example it was noted that in 2008 a total of 21 successful applicants were accepted. These changes also had a positive impact on the improvement of the prison system with the high level training of judges and magistrates, and the Government's commitment to the management committee programme which gave effect to training centres in prisons, ensuring the proper social and economic rehabilitation of prisoners.

On the representation of ethnic groups in the civil service and the army, the Government had noted that racial discrimination was a reality in these sectors. However, it was working to integrate the previously marginalized groups of people into these sectors, through, amongst other things, the increase of education centres closer to areas where these ethnic groups lived. Furthermore, the High Commission for Reconciliation and Unity's work was currently limited to the gathering of information, but it would resume its core work focusing on programmes to combat this issue once the national consultations were complete.

Decentralization allowed citizens to participate actively in public affairs at the local level. Citizens who were concerned about public affairs encouraged unity of people under a common interest, which effectively and positively contributed to national unity. On the abolition of the death penalty it was currently under study; the last execution was in 1979, thus in practice this method of punishment was not used in Togo.

Further Oral Questions Posed by Experts

In further oral questions, an Expert noted that reference a number of times throughout the written report was made to “communities of foreigners”, and it was not clear what this referred to exactly. Thus the Expert asked what was the make-up of this community, where did they come from, and if the delegation could provide more information on this matter. Further concerns were raised by Committee Experts on the question of decentralization and national unity, and specifically how Togo focused on decentralization or de-concentration.

Replies by the Delegation

In response to further oral questions raised by Committee Experts, the delegation said that the next report would be a more conclusive response to most of the questions and concerns raised. However, on the question of foreign communities, these were comprised of people who were not Togolese, people with another nationality, and they had the right to freedom or religion and culture. They were very well integrated into the community, for example members of the Lebanese community had become Togolese. On the question of whether there was focus on a programme of decentralization or de-concentration, it was noted that in Togo the Government was focused on promoting local authority and it was in fact a programme of decentralization. It was noted that the Government wanted to bring schools and training facilities closer to the north in order for the population to catch up with the south. In the case of the army, the balancing effort was not easily tackled. During the period of colonization, the Europeans developed institutions and services in the southern part of the country and the northern part of the country remained rural. Thus it was predominantly farm lands and as a result people joined the army as a choice of career because they did not have many other options and degrees like their brothers in the south of the country.

Preliminary Concluding Observations

RÉGIS DE GOUTTES, the Committee Expert serving as country Rapporteur for the report of Togo, said that it was a very fruitful dialogue and the delegation provided a great deal of detail. He paid special tribute to Ms. Aidam, Minister of Human Rights and the Consolidation of Democracy of Togo for the methodological way in which she presented the responses. He welcomed the developments made on national reconciliation, the normalization of the civil administration, the reform of civil law and the ongoing reforms to the justice system. He also welcomed the presence of the President of the National Commission of Human Rights and said that the involvement of the Commission and other non-governmental organizations was always encouraged.

Mr. de Gouttes noted that concerns remained. Specifically with the set-up of the Truth, Justice and Reconciliation Commission, where on the one hand impunity needed to be decreased, but on the other hand there should be a goal for a true national reconciliation where peace prevailed. It was important to point out that possible racial discrimination remained in the armed forces and with the preference of support the Government gave to the dominant political group in the country. The delegation was reminded that the Committee adopted a range of general recommendations in the past including recommendation number 31 on the prevention of racial discrimination in the administration and criminal justice system, where a number of indicators were available that highlighted acts of racial discrimination. Furthermore, the incorporation of the Convention into the legal order, specifically with article 1 on the definition of racial discrimination (noting that reform of the penal code was underway) and article 4 on acts of racial discrimination remained to be adequately addressed. Also noted with importance was the activity and role of the media in assisting to avoid or prevent the dissemination of racial hatred and contribute to interethnic harmony and tools available for interethnic harmony training had been recommended.

Mr. de Gouttes noted that the delegation had not referred to the implementation of the Durban Action plan. It was important that the delegation consider including information in this context in the next report. He pointed out that this was a personal impression and that the entire Committee would present its final observations at the end of the session.

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