Human Rights in Togo - Basic Rights

Basic Rights

Togo's constitution and laws forbid discrimination “based on race, gender, religion, disability, language, or social status,” but these prohibitions are not adequately enforced. Although Togo's constitution and laws guarantee freedom of speech and of the press, there are considerable restrictions on those rights, with many journalists being fined or sued for defamation, and some engaging in self-censorship to avoid lawsuits or violent reprisals. Libel fines can be as high as 5 million CFA francs (USD 10,000), and the number of libel cases and convictions, especially involving statements about the president and his family, peaked in 2010. In 2011, journalists formed “SOS Journalists in Danger” after several of them were named in an anonymous note, supposedly from the government, which threatened torture and physical abuse.

According to a 2012 report by Freedom House, the size of Togo's private media sector “is impressive for a relatively small country, and its content is often highly politicized. There are approximately 30 privately owned newspapers that publish with some regularity, including 2 dailies, about 100 private radio stations...and 8 independent television stations.” Print media do not require official licenses, but “ervasive impunity for crimes against journalists has created an illiberal media environment marked by self-censorship that persisted during the tense election year of 2010 and only improved marginally in 2011.”

The High Authority of Audiovisuals and Communications (HAAC) is supposed to be an independent agency that protects freedom of the press, in fact it censors the media on behalf of the government, and has the power to suspend newspapers for six months and to confiscate journalists' press cards and equipment. Also, radio stations cannot retransmit foreign programs without HAAC approval. Still, much of the press is very critical of the government, while government-owned media are heavily biased in its favor. Although the private media has grown in the last decade or so, the government still owns the media outlets with the largest audiences, including the only nationwide TV station.

In 2012, the HAAC suspended the call-in shows on Légende FM, an order that was backed up by a magistrate in Lomé. The station's news director, Guy Mario, said that it “was being punished for its shows in June in which callers had criticized the violent crackdown by security forces on anti-government protests in Lomé....Mario said that the programs, which ran for nine days, featured participants criticizing the government in uncensored language.” The station was not given the chance to defend itself in court, which is contrary to Togolese law. “We were never informed, invited, or summoned to the tribunal – neither us nor our lawyers,” Mario said.

During the 2010 presidential election campaign, French journalists were denied accreditation until election day; the situation on this front improved in 2011.

There are no restrictions on, or monitoring of, Internet use. A security force is maintained at the University of Lome to intimidate academics, and undercover government informants attend classes. While Togo's constitution and laws guarantee freedom of assembly, it is generally restricted, with the government preventing meetings of its opponents and using force, including deadly force, to disperse anti-government demonstrations. Likewise, though Togo technically guarantees the right to move freely around the country, travel abroad, emigrate, and repatriate, these rights are also restricted in practice, with armed forces manning checkpoints around the country at which they arbitrarily search travelers and demand bribes.

In May 2012 a law was passed requiring prior notification of public demonstrations. In the same year, security forces used excessive force to disperse a number of demonstrators, and the head of the ANC was subjected to house arrest to keep him from taking part in protests. Student activists connected to the Mouvement pour l’épanouissement des étudiants togolais (Movement for the development of Togolese students, MEET) were arrested, wounded by rubber bullets, and generally abused.

Corruption is a crime, but is rarely punished. <> The 2005 presidential election was rife with fraud, intimidation, and violence, but the 2010 election was relatively peaceful and was considered generally free and fair.

The opposition began holding protests in April demanding electoral reforms, calling for an end to the Gnassingbé dynasty, and insisting on respect for human rights. Government security forces brutally put down several demonstrations in mid 2012. In October 2012, a sociology student described the situation as “very worrying,” noting that the opposition “is hardening its stance and the government doesn’t seem to be listening.” A former economy and finance minister said at the same time that the Togolese people “are angry about the government’s slip-ups in terms of human rights, acting arbitrarily and using the judiciary to cling to power.”

In Togo, where 33 percent of the population is animist, 28 percent Catholic, 14 percent Sunni Muslim, and 10 percent Protestant, and where both Christian and Muslim holy days are national holidays, there have been no reports in recent years of abuses of religious freedom or of discrimination based on religious affiliation. Members of different religions regularly invite one another to worship services, according to a 2012 U.S. State Department report on religious freedom, which also notes that religious intermarriage is common.