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TITLE: TOGO HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
TOGO
President Gnassingbe Eyadema continued to dominate Togo's
Government. In 1994 citizens elected a National Assembly in
generally free and fair elections. The new Head of Government
is opposition leader Edem Kodjo who serves as Prime Minister.
Togo's governmental institutions are, however, still too weak
and fragile to ensure democratic government in practice.
Although the February elections produced a slight opposition
majority in the National Assembly, President Eyadema retains
the final say in all matters due to his personal control of the
military and security forces.
The security forces consist primarily of the army, navy, air
force, national police (Surete), gendarmerie, and regular
police. Approximately 90 percent of the army's officers and 70
percent of its soldiers come from the President's northern
ethnic group. The Interior Minister (after June 1994, the
Secretary of State for Security) is nominally in charge of the
national police, and the Defense Minister has nominal authority
over the other security forces. In fact, all the security
forces remain loyal to their chief, President Eyadema, and
carry out whatever orders he gives them. Members of the
security forces committed serious acts of brutality against
civilians. Except for a few cases, the Government did not
punish the perpetrators.
About 80 percent of the country's 3.4 million people are
engaged in subsistence agriculture, but there is also an active
commercial sector. Annual per capita gross domestic product is
less than $400. The January devaluation of the local currency
and the suspension of much foreign economic assistance due to
the country's record of human rights abuses severely damaged
the economy.
The human rights situation was mixed. Although the country
held legislative elections, and the new National Assembly
assumed some functions of a democratic legislature, there was a
significant incidence of political violence and abuse of human
rights. There were credible reports that in several cases the
security forces and their allies continued to intimidate,
harass, and kill civilians and those perceived as enemies of
President Eyadema with little apparent fear of punishment. The
Eyadema Government subjected the opposition press to repeated
criminal prosecutions for expressing critical views. An attack
by Togolese armed dissidents and the Togolese military's
indiscriminate reaction to it resulted in hundreds of civilian
deaths and nearly 100 Togolese military fatalities.
Prolonged pretrial detention and beating of prisoners are
commonplace, and there were several documented cases of
torture. Prison conditions remained very harsh. Defendants'
rights to fair and expeditious trials are not ensured.
Discrimination and some violence against women and some abuse
of children continued.
Although somewhat diminished, there is a large backlog of
persons awaiting trial--some as long as 3 years--due to lack of
qualified judicial personnel, an ineffective criminal justice
system, and indifference to abuses on the part of some
officials.
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 political and
extrajudicial killing. In only a few instances has the
Government proved willing or able to punish the perpetrators.
On January 5, a group of armed Togolese dissidents based in
Ghana attacked the main military camp and other government
sites in Lome with the apparent aim of killing President
Eyadema and inflicting casualties on the security forces.
Fatalities among the attackers were low, about 10 by their own
estimate and somewhat higher according to the Government. In
the ensuing 3 days of battle, dissidents killed upwards of 100
members of the security forces, while up to 500 innocent
civilians died either at the hands of the attackers or from
careless and indiscriminate firing by the security forces.
Security forces summarily executed several Ghanaian youths and
Togolese military personnel already detained for suspected
complicity with the Ghana-based attackers. The Government
arrested several persons alleged to have been involved in the
January 5 attack, but it did not prosecute or punish any
members of the security forces for killing civilians or
military detainees.
On February 12, according to credible reports, elements of the
security forces kidnaped and killed Gaston Edeh, newly elected
National Assembly deputy of the opposition Action Committee for
Renewal (CAR) party, and two companions. Throughout the year,
unknown assailants killed several finance officials, bankers,
and other businessmen under unexplained circumstances; but the
perpetrators and their motives were unclear since the crimes
were not fully investigated.
On January 25, assailants kidnaped and murdered labor leader
Tchao Idrissou (see Section 6.a.). On February 18, six
relatives and associates of the Secretary-General of the same
union were reportedly kidnaped by persons in uniform; they have
not been seen since that time. By year's end, the Government
had made no arrests nor indicated a suspected motive.
Seven bodies of persons burned beyond recognition were
discovered around the town of Tsevie, north of Lome, in August
and September. Although members of the security forces were
widely suspected of having committed these killings, police
conducted only a cursory investigation and made no arrests. On
October 9, armed persons credibly identified as Togolese
dissident forces shot and killed four members of the security
forces at the gendarmerie and police offices at Vogan,
southeast Togo. Several suspects were subsequently arrested
and made televised confessions, but the private press widely
questioned whether they were, in fact, the ones who carried out
the attack.
In only a few cases, the Government arrested or punished
members of the security forces suspected of involvement in
extrajudicial killings. On October 29, authorities arrested
and detained Lt. Col. Yoma Djoua, the Commander of the
Presidential Guard, along with Master Sergeant Pouli on charges
of the robbery and murder of a Togolese notary, Laurent
Agbemavor, earlier in the year. Djoua is widely thought to be
responsible for many past human rights violations and was more
recently rumored to have been involved in plotting against
President Eyadema. The military subsequently demoted Djoua to
Private. Djoua retired from the military but had not been
brought to trial by year's end. Other military associates of
Djoua are reportedly in custody.
b. Disappearance
There were several disappearances, although most had no evident
political motive. In some cases these disappearances were
credibly linked to members of the security forces. On
September 6, armed persons kidnaped Togolese diplomat David
Bruce, who has not been seen since then. A witness indicated
involvement by members of the security forces. Bruce had been
Chief of Staff to the President of the High Council of the
Republic, the opposition-dominated interim National Legislature
which members of the security forces had earlier targeted with
threats and violence. Although the Government began an
investigation, it has not reported any results.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although the law prohibits these practices, security forces and
their official affiliates reportedly tortured detainees. The
most common means of torture was severe beating, and security
force personnel frequently beat detainees after arresting
them. The Government did not prosecute or punish any officials
for these abuses.
Prison conditions remained very harsh, with serious
overcrowding and inadequate food and medical care. Children
are often incarcerated with adult criminals. The International
Committee of the Red Cross (ICRC) and local private
organizations have access to prisons for monitoring purposes
with advance government permission, but the Government
sometimes denied access to other private international
nongovernmental groups (NGO's).
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 are often 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 qualified
personnel and official indifference have resulted in lengthy
pretrial detentions--in some cases from 1 to 3 years. As a
rough estimate 30 percent of the prison population were
pretrial detainees. While a large backlog of untried cases
remained, the new Government of Prime Minister Kodjo freed a
significant number of prisoners in pretrial detention whose
time in jail exceeded that permitted by law. 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.
There were several political detentions during the year.
However, at least 27 political detainees and political
prisoners were released at year's end under an amnesty proposed
by President Eyadema and approved by the National Assembly on
December 15. The amnesty applies specifically to the armed
dissidents allegedly involved in the attacks on Lome of March
25, 1993, and January 5, 1994, as well as to other persons
inside or outside Togo who allegedly committed political crimes
through December 14. It covers opponents of the Government and
members of the security forces who may have committed
offenses. Bikagni Nikabou was arrested in 1992 and held
without trial until he was tried and sentenced to 3 years'
imprisonment for arms smuggling on January 7, 1994. Four
members of his family were detained without trial starting in
1992. Under the general amnesty, the four family members were
released at the end of the year and Nikabou at the beginning of
1995.
Police arrested six members of the Union des Forces de
Changement, the political party associated with President
Eyadema's opponent, Gilchrist Olympio, for having hung posters
and for distributing tracts calling on people to boycott the
February legislative elections. The authorities released four
persons without trial, and convicted two of attempting to
disrupt the elections. Police arrested Komi Dackey, a local
official of the Aviation Workers' Union, in January on
suspicion of involvement in the January 5 attack on Lome by
Ghana-based Togolese dissidents. He was held without
presentation of evidence but was released in December under the
yearend amnesty.
The Constitution prohibits exile and the Government did not
formally exile anyone. However, several opposition leaders
remained abroad for reasons of personal safety, as did over
150,000 citizens who left because of political violence,
notably that committed by the security forces in January 1993.
e. Denial of Fair Public Trial
Although the judicial system is formally independent of the
Government, the executive branch can and does intervene at
times to manipulate the judiciary. The judicial system employs
both African traditional law and the Napoleonic code in trying
criminal and civil cases. The Supreme Court stands at the apex
of the court system, and special courts exist to handle cases
related to public security, embezzlement of public funds, and
violent crimes.
The court system remained overburdened and understaffed (see
Section l.d.). 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 case to the regular court
system, which is the starting point for cases in urban areas.
Political prisoners included Martin Gbenouga, director of the
newspaper Tribune des Democrats, who was sentenced to 5 years'
imprisonment for publishing a newspaper article critical of the
President. He was pardoned in January 1995 (see Section
2.a.). Two members of the opposition political party
Democratic Convention of the African People, Gerard Akoumey and
Stephane Koudossou, were released in the yearend amnesty. They
had been convicted in September 1993 for placing a bomb in July
1993 at the headquarters of the CAR Party. They publicly
confessed, but some opposition sources asserted that the
charges were police fabrications and that the confessions had
been coerced.
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 such warrantless searches
extensively, searching for dissidents' arms caches as well as
for criminals. The Government uses telephone taps, monitors
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.
However, the authorities engaged in sporadic persecution of the
independent press, using threats, arrests, prosecutions, and
occasional seizures of newspapers. Approximately 15
independent newspapers were published during the year, many
highly critical of the President and the Government. Some
reported difficulties distributing their editions in interior
regions because of harassment by supporters of the President,
including some members of the security forces.
The official media (two radio stations, one television station,
and one daily newspaper) were generally slanted in favor of
President Eyadema and the Government, but allowed the
opposition limited access. The two private Ghana-based radio
stations, which had broadcast opposition views in 1993 ceased
to operate during the year, as did a pro-Eyadema private
station.
The authorities arrested Martin Gbenouga, director of the
opposition newspaper Tribune des Democrats, for publishing an
article critical of President Eyadema and other African
leaders. A court convicted Gbenouga on May 6 of insulting the
President and sentenced him to 5 years' imprisonment. Gbenouga
was quickly transferred to one of the country's worst prisons,
the Mango Penitentiary in Northern Togo In October Gbenouga's
conviction was invalidated by the Appeals Court on technical
grounds. On January 17, 1995 he was pardoned by the President
and released.
In March gendarmes briefly detained staff members from the
opposition Courrier du Golfe newspaper, whose senior officials
then fled the country. The newspaper had reported an alleged
plot by pro-Eyadema forces against opposition leader Yaovi
Agobyibor and his political party.
On August 31, a court sentenced in absentia the managing and
assistant editors of the opposition La Sentinelle to 5 years'
imprisonment and fined them 3 million CFA francs for publishing
an article that allegedly defamed and threatened President
Eyadema. The two defendants had already fled Togo. The court
further prohibited the newspaper from publishing for 6 months.
At the University of Benin, Togo's sole university, academic
freedom is constrained by concern by 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 restricted public demonstrations. In
February and March, local authorities violently suppressed
anti-government demonstrations in the largely Muslim city of
Sokode. It also violently suppressed religious assemblies
there during Ramadan, beating the participants. Although many
political meetings were held during the legislative election
campaign, many others were canceled after the murder of elected
Deputy Gaston Edeh for fear of violence from the pro-Eyadema
faction. The Government requires all political parties to
register and requires advance notification for public
demonstrations. On occasion the Government banned
demonstrations or modified their time or place, citing a threat
to public safety or interference with public business.
c. Freedom of Religion
The Constitution provides for religious freedom, and the
Government generally respects this right in practice. However,
the Government has on occasion used force to dispel religious
meetings (see Section 2.b.).
Local religious groups are free to maintain contacts with
coreligionists in other countries. There are no restrictions
on travel for religious purposes. All official religious
observances are ecumenical in nature, and the Government does
not favor any specific religion. Membership in a particular
religious group confers no advantage or disadvantage in the
regime.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The right of domestic and foreign travel and emigration, the
right to change residence or workplace, and the right to return
to the country are generally respected. In 1993, in the wake
of political violence by the security forces, more than 250,000
citizens, mainly southerners, fled to neighboring Benin and
Ghana, and roughly 125,000 were displaced internally. Many
returned, but approximately 150,000 were still abroad at year's
end because of concern about their personal safety should they
return or because of other considerations including economic
ones. The Government's amnesty law was intended to encourage
the refugees' return, but results by the end of the year were
disappointing. The Government accommodates an estimated 6,000
refugees, mainly Ghanians, and does not force them to return to
countries in which they fear persecution.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Despite Constitutional and structural advances, citizens still
were only partly able to change their Government. President
Eyadema continued to dominate the state apparatus, despite the
creation of a parliamentary system and the installation of a
new Government under opposition leader Prime Minister Edem
Kodjo. In contrast with the seriously flawed presidential
elections of 1993, international observers deemed the
legislative elections in February to be generally free and
fair, although there were deficiencies, including the
Government's unwillingness to accredit some foreign observers
and local poll watchers.
The principles of universal suffrage and secret ballot were
observed. However, some members of the security forces, and
militants engaged with them, are credibly reported to have
engaged in several bombings and attacks on polling places and
on one vote-counting center during the second round of the
legislative elections. They are also believed responsible for
the kidnaping and murder of Gaston Edeh, newly elected member
of the CAR Party. Opponents of President Eyadema are credibly
reported to have bombed a house belonging to pro-Eyadema
Minister of Information Benjamin Agbeka. The Supreme Court's
Constitutional Chamber, dominated by Eyadema supporters,
invalidated the election of Eyadema opponents in three
districts in a ruling widely considered to be questionable.
Opposition parties won a slight legislative majority and
President Eyadema named as Prime Minister Edem Kodjo, the
leader of the smaller opposition party in the legislature, the
Togolese Union for Democracy, with six seats. In doing so, he
met the formal constitutional requirement to name someone "from
among the parliamentary majority", but bypassed the leader of
the larger (34-seat) opposition party, the CAR's Yaovi
Agboyibor. Although the Government allows opposition political
parties to function legally and openly, security forces or
propresidential militants occasionally harassed, threatened, or
intimidated their members or leaders.
There are no legal restrictions on the participation of women
in political activities, and many women do so through
membership in associations and political parties, teachers'
unions, and protest groups. However, there was only one female
minister in the Kodjo Government.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are several local private human rights groups. These
include the Togolese Human Rights League and the Association
for the Promotion of the Rule of Law.
The National Human Rights Commission, a government-sponsored
and government-funded human rights organization, remained
relatively inactive. The Paris-based Federation Internationale
des Ligues des Droits de L'Homme and the International
Committee of the Red Cross visited and participated in
seminars. The U.N. Human Rights Subcommission, Amnesty
International, and other private organizations criticized the
Government for abuses including its failure to take action on
human rights violations in 1993 and earlier, including the 1992
attempted assassination of opposition leader Gilchrist
Olympio. The Government did not respond in detail but termed
the United Nations report "scandalous and outdated."
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
Despite the law and constitutional protections, women continue
to experience discrimination, especially in education, pension
benefits, and traditional law. A husband may legally oppose
his wife's right to work and control her earnings. Employers
are often reluctant to hire women, especially for higher level
positions. Far fewer women than men attend university, and few
women graduate from secondary 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 affects the vast
majority of women, a wife has no rights in the event of
divorce, separation, or the death of her husband.
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. In recent years, instances of trafficking
in Togolese women for the purposes of prostitution have come to
public attention. These women have been promised jobs in the
Middle East or Europe, transported there, then forced into
prostitution and sometimes otherwise abused. There are no
specific laws dealing with trafficking of this nature, and the
Government has made no visible efforts to curtail it.
Children
The Government cannot afford adequate protection of children's
welfare. There are few juvenile courts, and children are often
jailed with adult criminals. Orphans and other needy children
receive more aid from extended families or private
organizations than from the State.
Female genital mutilation (FGM), which international health
experts have condemned as dangerous to both physical and
psychological health is practiced by a few ethnic groups in
Togo's northern and central regions. Although some reports
indicate the practice, which is typically performed at an early
age, may be gradually diminishing, as high as 50 percent of
Togolese women may have undergone FGM.
National/Racial/Ethnic Minorities
Members of northern ethnic groups dominate the security forces,
while southerners dominate most commerce and the professions.
Southerners also dominate most political parties, except for
the pro-Eyadema party. Civil unrest in recent years and
inadequate 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. Mainly southern Togolese fled in
January 1993 to neighboring Benin and Ghana after some members
of the security forces in Lome fired indiscriminately on
civilians (see Section 1.a.).
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 some responsible government positions, the disabled
have no meaningful recourse against private sector
discrimination, which compels many to beg.