HUMAN RIGHTS COMMITTEE CONSIDERS THIRD PERIODIC REPORT OF TOGO

Human Rights Committee
76th session
22 October 2002




The Human Rights Committee this morning concluded its consideration of a third periodic report from Togo on how that country was implementing the provisions of the International Covenant on Civil and Political Rights.

Presenting his country's report, Roland Yao Kpotsra, Ambassador and Permanent Representative of Togo to the United Nations, said that his Government remained firmly attached to democracy, respect of fundamental freedoms and good governance. He added that the political reforms that had been carried out during the last ten years were aimed at building a democratic society based on national consensus and the historic and socio-cultural realities of the country.

During the review, which started yesterday afternoon, the Committee Experts raised a number of questions on the current and past human rights situation in Togo, particularly on allegations of ill-treatment, torture, extrajudicial executions and arbitrary detention.

Over the course of the discussion, the Togolese delegation replied to many of the queries. The delegation denied the occurrence of hundreds of alleged cases of extrajudicial executions.

In a concluding remark, Chairperson Prafullachandra Natwarlala Bhagwati said that the Committee had had a highly constructive dialogue with the delegation with regard to the human rights situation in Togo. The dialogue had revealed that considerable progress had been made by Togo towards the realization of the Covenant rights.

He said that another significant achievement in the area of human rights was that, though the death penalty existed, no execution had taken place in Togo in the last 5 years. But unfortunately the death penalty still remained on the statute book. He suggested that Togo accede to the Second Optional Protocol to the Covenant concerning abolition of the death penalty.

Accompanying Mr. Kpotsra was Abdou Assouma, a member of the Constitutional Court of Togo.

The delegation said that it was unfortunate that the discussion in the Committee had been commented upon in the international press. Togo was open to human rights causes but its trust had been betrayed. This event was not helpful to the functioning of the United Nations human rights mechanisms, and was proof of the political use of human rights issues. This seriously affected the credibility of the United Nations.

In response, the Chairperson of the Committee said that since the discussion was public and open to all, this dispatch had nothing to do with the Committee. A Committee Expert said he hoped that the comments by the delegation were not a threat to persons who collaborated with the Committee.

The Committee will release its concluding observations and recommendations on the report of Togo at the end of its three-week session to be concluded on 1 November.

As one of the 149 States parties to the Covenant, Togo is obligated to submit periodic reports to the Committee on how it was implementing the provisions of the treaty.

When the Committee reconvenes at 3 p.m., it will examine the human rights situation in Suriname in the absence of a report but in the presence of a delegation from Suriname.


Report of Togo

The third periodic report of Togo (document CCPR/C/TGO/2001/3) enumerates the administrative, legislative and judicial measures undertaken by the State party with the view to implementing the provisions of the Covenant. It says that following social and political problems related to the transition to democracy, Togo has now set its feet on the road to stability and social peace. Considerable efforts are being made with regard to national reconciliation. A number of measures have been taken in order to implement the policy of national reconciliation and "general forgiveness" advocated by the first Government in its political programme.

The report notes that human rights occupy a prominent place in the legal, political and institutional systems of Togo. The authors of the Togolese Constitution included in it a considerable number of articles on questions relating to human rights. In addition, the provisions of the Covenant form an integral part of the domestic order. A colossal effort to promote human rights has been undertaken to consolidate the basis of the burgeoning democracy in the country and to promote the construction of a State governed by the rule of law.


Introduction of Report

ROLAND YAO KPOTSRA, Ambassador and Representative of Togo to the United Nations, underlined that his Government remained firmly attached to democracy, respect of fundamental freedoms and good governance. It was within those contexts that the political process had been carried out for the last ten years with the aim of building a democratic society based on national consensus and the historic and socio-cultural realities of the country.

Mr. Kpotsra said that at present, the efforts deployed had resulted in the effective functioning of the national institutions created by the Fourth Republic. State authority and security had been strengthened. The process of national economic development had also been enhanced. The results were obtained despite the difficulties which had been affecting the democratic process, and the various obstructions encountered by the Government.


Response of Togo

In response to written questions prepared by the Committee Experts in advance, the members of the Togolese delegation said that the Government had endeavoured to bring the country's legislation into conformity with the obligations contained in the Covenant. The various codes, such as the family, labour and criminal codes, had been brought in line with the provisions of the international treaty.

With regard to the role of the Constitutional Court, the delegation said that cases such as electoral disputes could be addressed to that body for its consideration and decision. However, the Court had never been seized with cases in which the Covenant's provisions had been directed invoked.

On the independence of the National Human Rights Commission, the delegation said that its independence was guaranteed by law and in practice. The members of the Commission were drawn from various professions and they served for a renewable four-year term. The Commission also served as an Ombudsman between the public administration and citizens. It received and considered complaints, and carried out investigations through a rapporteur appointed by the Commission who reported back to it.

Responding to a question on the action taken by the State concerning the recommendations of the joint United Nations/Organization of African Unity International Commission of Inquiry, the delegation said that the Government had submitted its report to the United Nations Human Rights Commission during its 57th and 58th sessions and the case had been closed. The report was based on the findings of the National Inquiry Commission which was set up to investigate the allegations of extrajudicial executions, forced or involuntary disappearances, and torture and ill-treatment. The Commission had been composed of four magistrates and they had found that the allegations of the International Commission of Inquiry and Amnesty International were false. The International Commission had concluded that it could neither affirm nor deny the cases of extrajudicial executions. Some of the names communicated to the Government as victims of extrajudicial executions had not been known to the gendarmerie. However, the Government had investigated some cases of ill-treatment and had suspended the perpetrators from their duties. Two members of the gendarmerie had been recently suspended from their posts because of their ill-treatment of a member of the political opposition.

No death penalty had been carried out between 1995 and 2000, the delegation said. There was also a recommendation by the National Legislation Harmonization Commission which was currently considering the death penalty as it revised the Penal Code.

With regard to prison over-crowding, the delegation said that the Government had difficulties in maintaining reasonable prison conditions corresponding to international norms.

The range of offences to which the death penalty could be applied was actually quite limited and comprised of intentional homicide carried out with premeditation; attack against external State security, such as treason and espionage; and attack against internal State security, such as armed rebellion with the aim of changing the Government.

The average duration of police custody was limited to 48 hours, the delegation said; however, it might be extended when requested by the State prosecutor. In serious cases involving drug dealings, the duration of police custody could be for much longer than for an ordinary crime suspect. Persons suspected of any crime had access to a lawyer and their families were informed of the arrest.

The Government had taken measures to implement the Lomé Framework Agreement, signed on 29 July 1999 concerning the security of persons and property. Asked if compensation was paid out to victims of political violence, the delegation said that since there had never been any form of complaint lodged by individuals, the Government had not awarded any compensation.

Asked to provide data concerning any changes in conditions of detention during the period under consideration by the report, notably with regard to the prison population, food, access to health care and treatment of women and juveniles, the delegation responded by saying that the prisons, particularly that of Lomé, were over-crowded. There was a proposal to build new prison facilities, but due to lack of financial resources, no measures were taken to build any. There were frequent shortages in food supplies. Due to a break down in supplies, the two meals a day might be reduced to one. Concerning health care, the necessary drugs might be lacking on occasion, and prison pharmacies were restocked by Catholic nuns.

Speaking on freedom of religion, freedom of expression, freedom of association and the right to peaceful assembly, the delegation said that the information on the allegations concerning the harassment and intimidation of journalists from independent media, in particular with respect to what were considered to be the excessive fines imposed on them and their arbitrary arrests, were unfounded. Unfortunately, the private press immediately engaged in a campaign of spreading false information and insulting and defaming the State authorities, the army and citizens. It was against that background of increasing disorder that the judicial authorities, responsible for enunciating the law, were seized with cases of press offences. In all cases, proceedings were brought in accordance with the Press and Communication Code of February 2000, which also needed further review because of the shortcomings it encountered, such as the flouting of the law by journalists.

Concerning the registration of religious organizations, the delegation said that 434 churches had applied for recognition, but only 95 were granted licence to operate; the requests of many of them had been rejected as result of their moral conduct.

The delegation said that since the military service in Togo was based on a voluntary basis, the issue of conscientious objection to military service did not exist.


Oral Questions by Experts

Following the responses given by the Togolese delegation, the Committee Experts queried the Government delegation on various issues. An expert asked if there were complaints of discrimination raised by either women or members of ethnic groups to the National Human Rights Commission. What was the outcome of those complaints? Which body was responsible for the implementation of the decisions by the Commission?

Another Expert said that Togo's political situation had been agitated since its independence in 1960, which had also been marked by a coup d'etat. However, there had been a serious commitment on the part of the country to stabilize the situation. But much remained to be done. For human rights to prevail in the country, the rule of law and democracy should be strengthened. The Government had congratulated itself by saying that the international community had appreciated its human rights records. However, the elections of 1993 and 1998 had been associated with violence. The speaker cited cases of human rights violations and the lack of measures to prosecute the perpetrators.

The speaker continued to say that the country's President had said that the constitutional review envisaged by the Government would not affect the term of the President. It was hoped that according to article 58 of the current Constitution, the President would step down at the end of his final term in office. In addition, the Government had been denying allegations addressed to it by international organizations such as Amnesty International. The reports that extrajudicial executions had been carried out at the beaches of Togo had been rejected by the Togolese authorities. The delegation had said there were only a few cases of extrajudicial executions, adding that many of the names of alleged victims given to the authorities were unknown names. It was unfortunate that cases of death in prisons were not investigated by the Government, the Expert said.

An Expert said that the delegation had been referring to a lack of funds in its effort to uphold human rights; however, acts of torture and ill-treatment did not implicate financial resources, instead, it was much cheaper to avoid them. The Committee had received information on cases of torture. But the Government rejected any allegations of torture. The relevant authorities were not dealing with any cases of torture. The report had affirmed that the judicial system had never been seized with any case of torture. Even false allegations should be investigated to establish the truth.

Another Expert said that Togo was among the few States parties that gave the Covenant constitutional rank. But the problem was that the criminal procedure code had never been amended. In addition, comments had been made by international organizations following the results of the International Inquiry Commission. The practices on the ground did not correspond to the law of the country.

An Expert said that the repression against the press was too much and the fines too heavy. The flouting of professional ethics alluded to by the delegation did not make much sense as long at there were no established ethics. Were journalists provided with training? What was meant by journalistic "dérapage"?

Concerning pre-trial detention, another Expert said that there were individuals who were detained for more than two years without being brought to court. What guarantees could the Government give to the international community with regard to the forthcoming elections?


Response of Togo

In response to the oral queries by the Committee Experts, the delegation said that the country had made a choice to live up to its commitments and to abide by the rule of law. However, the democratic process had been hampered by acts of terrorism and subversion by some quarters.

With regard to the question on the code of ethics for journalists, the delegation said that the Government had put in place a series of laws governing the activities of journalists. The Committee and other States could help the Government in that regard.

The delegation said that it was unfortunate that the discussion in the Committee had been commented upon in the international press. Togo was open to human rights causes but its trust had been betrayed. This event was not helpful to the functioning of the United Nations human rights mechanisms, and was proof of the political use of human rights issues. This seriously affected the credibility of the United Nations.

(A dispatch by Agence France-Presse had reflected the dialogue between the Committee and the delegation, particularly the Committee's request for further information on the alleged cases of extra-judicial executions.)

The Chairperson of the Committee said that since the discussion was public and open to all, this dispatch had nothing to do with the Committee. A Committee Expert said he hoped that the comments by the delegation were not a threat to persons who collaborated with the Committee.

The Togolese delegation said that there were no cases of discrimination brought to courts with regard to women.

The National Human Rights Commission acted as a mediator and it was also engaged in promoting human rights in the country, the delegation said, adding that it defended the human rights of citizens.

With regard to the report by the International Inquiry Commission on hundreds of alleged cases of extrajudicial executions, the delegation said that it was surprising to the Government. It had been alleged that the individuals had been found dead along the beaches of Togo, but no one saw their bodies. International observers and even diplomats posted in the capital had not seen a single body. What was the reason behind such intense publicity against Togo?

Asked why amnesty was used as a form of impunity, the delegation said that countries that had experienced war appreciated peace; and it was to reach peace and reconciliation that an amnesty was granted. Thanks to the amnesty, the Togolese people were able to talk to each other. The amnesty corresponded to the work of the Truth and Reconciliation Commission of South Africa that was designed to help the people forgive the past.

The death penalty was maintained in the country but it was rarely practised, the delegation said. Recently, a death sentence had been handed down following an atrocious crime but it had been suspended while waiting for the result of an appeal. The issue of the abolishing of the death penalty would be debated soon.

There were no secret detention centres in the country, the delegation said.

A question was raised on the issue of a morality inquiry with regard to the recognition of churches in the country, to which the delegation said that because of acts of cheating by some parish leaders, the authorities had been engaged into inquiries of the churches before granting them permission to operate. With regard to places of worship, some neighbours had been complaining about the activities of certain forms of churches in some parts of the country.

The was no formal rule banning Christian names in the country, the delegation said; the practice had been to use indigenous or authentic names before people started to give "imported" names. At present, people were allowed in practice to use any name they wished.


Response of Togo to Written Questions

Asked why legislative elections were postponed, the delegation said that the lack of consensus between the President and the opposition had been the main difficulty encountered by the independent National Electoral Commission which led to the postponement of the elections on two occasions. The Commission was composed of twenty members out of which ten were supporters of the President and ten of the opposition.

The Togolese judiciary system was independent, the delegation said, adding that article 118 of the Constitution guaranteed the independence of the judiciary. In 1996, the National Assembly had unanimously adopted the Organization Act on the Status of the Togolese Judiciary. Judges were not removed, instead they were reassigned or promoted with their consent.

Asked if military courts existed in the Togolese judicial system, the delegation said they did not.

Because of cases of trafficking in children in the region, the Government of Togo in conjunction with neighbouring countries had entered into a series of cooperation agreements to tackle this problem. One of the agreements involved the repatriation of victims of trafficking to their countries of origin and their rehabilitation. In addition, the Government had launched an awareness-increasing campaign among the population on trafficking of children.

Concerning acts of female genital mutilation, the delegation said that the practice was now disappearing. In order to eradicate excision systematically, in 1998, the National Assembly had adopted an act prohibiting it. In addition, a committee had been set up to monitor the implementation of the law.

The delegation said there was no specific provision on the enactment of a state of emergency or defining the conditions. The Government never resorted to article 4 of the Covenant to take measures which might derogate from the obligations of the State. However, article 94 of the country's Constitution required the promulgation of a state of emergency in times of war and general disturbances.


Oral Questions by Experts

The Committee Experts continued to raise questions on a number of issues. An Expert said that a ship carrying 200 children had been found sailing along the coast of Togo and neighbouring countries last year. What had happened to those children? What was the ethnic composition of the military and the police? It seemed that those forces were mainly made up of members of the northern ethnic group from where the President originated.

Another Expert said that the right to freedom of movement had been seriously impeded. Political opponents were particularly affected by restrictions imposed on them. Certain politicians were banned from returning to their native regions. What were the bureaucratic hurdles in obtaining passports?

Referring to the situation of women in the country, an Expert said that women in certain regions were subjected to rape and ill-treatment.

Another Expert asked about the fate of asylum-seekers expelled from Togo. He asked if Togo respected the principle of "non-refoulement" in order to prevent any acts of ill-treatment or torture where asylum-seekers might be subjected to upon their return to their respective countries of origin.


Togo's Response

Responding to the oral questions raised by the Committee Experts, the members of the delegation said that judges were appointed by the Supreme Council of the Judiciary following nomination by the Ministry of Justice. Once appointed, judges could not be removed. They were well paid, better than other professions. There were three unions in the country in which judges could be members. As long as the unions did not enter into political polemics, they could exist to defend their interests.

Togolese families sent their children away to Gabon for work with the hope of receiving a small amount of money every month, the delegation said. The children ended up in Gabon as servants for Gabonese families. The Government had been campaigning against sending children outside the country.

With regard to the composition of the army and the police, the delegation said that the fact that the army was made of persons from one region was a practice of the colonial period. Only one ethnic group preferred to be drafted into the army while others make their professional choice elsewhere.

The practice of female genital mutilation was a tradition among Togolese families, the delegation said. Although efforts had been made to prohibit the practice legally, still there was resistance in that regard with some women who believed that if excision was not carried out, the women could be seen differently within the society.

Concerning the rights of women, the delegation said only boys could inherit land. There was a belief that if a girl inherited land, the family would be impoverished because of the girl's choice to hand it to her husband's family.

The right to freedom of movement was guaranteed in the county, and anyone could get a passport after the payment of a small amount of money, the delegation said.


Concluding Remarks by Committee Chairperson

PRAFULLACHANDRA NATWARLALA BHAGWATI, Committee Chairperson, said that the Committee had had a highly constructive dialogue with the delegation with regard to the human rights situation in Togo. The dialogue had revealed that considerable progress had been made by Togo towards the realization of the Covenant rights. The most significant achievement was the incorporation of the Covenant in the Constitution so that the Covenant could be invoked before the courts.

He said that another significant achievement in the area of human rights was that, though the death penalty still existed, no execution had taken place in Togo in the last 5 years. But unfortunately the death penalty still remained in the statute book. He suggested that Togo accede to the Second Optional Protocol to the Covenant.

The Chairperson said that a number of questions had been raised by the Committee Experts but no satisfactory explanations had been given by the delegation.


Remarks by Delegation

ROLAND YAO KPOTSRA, Ambassador and Representative of Togo to the United Nations Office at Geneva, said Togo would spare no effort in improving its human rights record. However, its efforts had been affected by financial difficulties which had been further complicated by the lack of cooperation with donor countries and institutions. He proposed that the Committee send one of its members to a country before considering that country's report.





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