Country Report on Human Rights Practices for 1992
TOGO
A transition government headed by Prime Minister Joseph Koffigoh and charged
with holding national elections remained in office during most of 1992. However,
President Gmassingbe Eyadema retained effective control over the security forces.
Scheduled elections were postponed because of political violence and squabbling
among various factions. This resulted in month-long negotiations between tne President
and the major political parties in August 1992 to prolong the transition period
to December 31, 1992, by which time a new, democratically elected government was
to be installed. Although the agreement explicitly retained the Prime Minister and
the High Council of the Republic (HCR) or interim legislature, it also enhanced
President Eyadema's powers, putting him in charge of security issues, giving his political
party greater representation in the Government, and requiring ms agreement
to a new ministerial cabinet. As agreed in August, the President now presides over
the Council of Ministers when the subject matter is in his domain, e.g., security,
although in fact he chose to preside over all the Cabinet meetings. The August
agreement also contained changes to the draft constitution; in particular, it deleted
a requirement that active-duty military personnel resign in order to become candidates
for the FVesidency. Tms deletion permits President Eyadema to be a candidate
again if he chooses. A draft constitutional provision requiring presidential
candidates to be 45 years old was retained, effectively excluding 44-year-old interim
Prime Minister Koffigoh from running for the Presidency in 1992.
While a constitutional referendum did take place on September 27, other scheduled
elections were repeatedly postponed. The Constitution was passed overwhelmingly.
In the wake of the hostage-taking at the HCR in October 1992, a major independent
labor union and the Collective of Major Opposition Political Parties (COD
II) declared an indefinite general strike which was still in effect at year's end. The
political demands made by the coalition were resisted by President Eyadema, and
the continuing stalemate made it impossible to carry out the elections originally
scheduled for 1992.
The Togolese security forces, numbering approximately 13,000, consist primarily
of the Army, Navy, Air Force, National Police (Surete), and Gendarmerie. The Interior
Minister is responsible for the National Police. The Defense Minister nominally
supervises the other Togolese security forces, but, in fact, they report through the
General Staff to President Eyadema. Total military expenditures for 1989, the last
year for which the U.S. Arms Control and Disarmament Agency conducted a detailed
analysis, were $43 million. While military expenditures have been the subject
of public debate, the transition Government has left the decision to implement any
such reductions to the next, elected government. Members of the security forces, and
especially elements of the Army, were credibly cited in 1992 for various human
ri^ts abuses.
Togo has an annual per capita gross domestic product of less than $500. More
than 70 percent of its 3.6 million people are engaged in subsistence agriculture, but
the country also has an active commercial sector. The economy continued to stagnate
in 1992 due to political uncertainty, inadequate rainfall, and declining terms
of trade for principal exports: phosphates, coffee, cocoa, and cotton. While the Government
of Prime Minister Koffigoh remained committed to respect for human
rights, political polarization and subsequent violence, much of it committed by members
of die security forces, seriously affected the human rights situation. Political
parties were active, and a free press functioned, but elements of the military engaged
in harassment of both political figures and journalists. There were no reports
of long-term political prisoners in Togo in 1992, although there were brief detentions
under questionable circumstances byr members of the security forces. This included
an incident in which the entire HCR was effectively taken hostage for a day, and
members of the HCR were beaten.
Assassinations and attempted assassinations of political figures and members of
President Kofligoh's Government were part of a larger climate of insecurity in which
prominent figures were threatened, and many bombings and attacks by gunmen
were carried out throughout the country. Several political figures were killed. Some
of these incidents were credibhr attributed by human rights organizations to elements
of the security forces. The climate of insecurity and attendant fears of violence
had a very negative effect on political expression. One credible instance of torture
by members of the security forces was reported.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom from
a. Political and Other Extrajudicial Killing.
Several politically motivated killings
occurred in Togo in 1992, and no effective action was taken to apprehend and punish
the perpetrators. On May 5, unidentified persons ambushed GUchrist Olympio,
likely presidential candidate and chairman of the Union of Forces of Change (UFC)
Kolitical party. Olympio was seriously wounded, and two of his associates. Dr.
lessan Atidepe, a Member of the HCR, and Elliot Ohin, Chairman of the Togolese
Movement for Democracy, were killed. After an investigation in Togo, the Parisbased
International Federation of Human Rights (FIDH) attributed these killings to
security forces associated with the President. On July 23, Tavio Amorin, a member
of the HCR and first National Secretary of the Pan-African Socialist Party, was shot
by unidentified persons in civilian dress. He later died of his wounds. His death was
credibly attributed to elements of the security forces. In May a member of President
Eyadema's political party was killed in a clash with UFC supporters. Another member
and his family were killed in a September explosion oi uncertain origin at his
home. In retaliation for the bombing, the homes of 37 members of the opposition
reportedly were burned, and many opposition supporters fled the area. The Government
subsequently sent in troops to restore order.
There were scattered incidents of violence associated with the November and December
general strike in which both police and civilians were killed and injured. Examples
of individuals affected during the period include several prefects who failed
to appear at a meeting called by President Eyadema. They were subsequently
threatened by members of the security forces; at least two were beaten, and a number
went into hiding, fearing for their safety. On December 4, several policemen and
civilians were shot and wounded in Lome in a clash between an opposition figure
and the poUoe. On December 6 in Kpalime, an opposition stronghold, a gendarme
in civilian clothes was discovered carrying a weapon and was kUled by a crowd. Another
gendarme was injured in the same incident, and security forces responded
with force, shooting to death several civilians. Additional incidents were recorded in
Badou and other regional cities.
b. Disappearance.
^No disappearances were reported.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
There was one credible report of torture in 1992. Captain Esso Pelo, a military officer,
was reported by the press to have been severely tortured by members of the
security forces for allegedly providing information on President Eyadema and his associates
to members of the opposition. No action to punish this reported crime or
those of a similar nature reported in earlier years had been taken by the end of
1992.
Two journalists were beaten and briefly detained by security forces on November
16. The journalists, members of the Union of Government-Employed Journalists
(SYNJOPE), had gone to Radio Lome, the government radio network, to urge the
station managers to go to a minimum service broadcast format during the general
strike. It was credibfy reported that the Minister of Culture and Communications
was present and witnessed the beating.
Prison conditions remained very harsh in 1992 with serious overcrowding and inadequate
food and medical care for prisoners.
d. Arbitrary Arrest, Detention, or Exile
Under long-standing Togolese law, persons
arrested may be held incommunicado without charge for 48 hours, with an additional
48-hour extension in cases deemed serious or complex. In practice, most de279
tentions conform to this provision. On October 22, elements of the military forces,
induing members of the Presidential Guard, surrounded the meeting place of the
HCR, effectivelv taking hostage the members of the HCR and other persons in the
building. The nostagetakers were seeking rebates of dues they had paid to the
former sole political party. They were seen to beat some of the hostages before freeing
them. Passersby in the street were severely beaten by soldiers as well. On several
occasions, journalists were detained briefly for publishing materials oflensive to
the President or military forces. It is questionable whether these detentions met
legal requirements.
A shortage of qualified judicial personnel has produced a backlog of prisoners who
are held for long periods of time—in some cases 6 months or more—before being
brought to trial.
In 1992 there were no persons formally exiled from Togo, since a general amnesty
had been promulgated in 1991. However, some critics of President Eyadema remained
abroad for all or part of 1992 because of threats against them.
e. Denial of Fair Public Trial
The judicial system, wnile officially independent
of the Government, frequently has been subject to intervention by President
Eyadema in the past, but no such incidents were noted in 1992. The jucucial system
employs both traditional law and the Napoleonic code in tr3ring criminal and civil
cases. The Supreme Court is at the apex of the system. The criminal process begins
with pretrial investigation by a special judge who examines the adequacy of the evidence
and decides on bail. The number of judges is inadequate, and training is insufficient.
The result is a serious impediment to the delivery of justice. Trials are
open to the public, and judicial procedures are respected. Defendants have the right
to counsel, and lower court decisions may be appealed to two higher courts. In rural
areas, the village chief or council of elders may try minor criminal and civil cases.
Those who reject a traditional ruling may take their case to the regular court system,
which is the starting point for cases in urban areas. Special courts handle
cases related to public security (State Security Court), embezzlement of public funds
(Tribunal for Recovery of Pubuc Funds), and violent crimes (Court of Assizes). There
are procedural safeguards and a right of appeal in the special courts.
The State Security Court has not convened in recent years. There have been no
political or security cases tried under the transition Government.
There were no Imown political prisoners in Togo in 1992.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
In
criminal cases, searches of private residences may be authorized by a judge or senior
police oflicial. In political and national security cases, the security forces do not
require such authorization. The new Government has ended the practice of opening
mail and monitoring telephones. The police and gendarmerie continue to maintain
domestic intelligence services. The transition Government's efforts to eliminate the
domestic activities of military intelligence have not been conapletely successful.
During 1992 there were many bombings or armed attacks against private residences.
In many of these cases, the victims were members of opposition groups, and
the attacks were credibly believed by the opposition and loctd human rights groups
to have been conducted by elements of the security forces. In some cases, attacks
were carried out against the homes of persons closely associated with President
Eyadema, his political party, or the security forces, presumably by unidentified opponents.
In many instances, motivation was not clear. No arrests or trials of suspects
in the cases of bombings or house attacks were reported in 1992.
Section 2. Respect for Civil Liberties, Including
a. Freedom of Speech and Press
Freedom of speech and press was exercised in
1992 in Togo, but those freedoms were sometimes constrained by episodes of harassment,
damage to property, threats of violence, arrests, and personal injury, particularly
inflicted by tne security forces.
Approximatefy 15 independent weekly or biweekly newspapers were published in
1992. While opposition newspapers are widely available in Lome, some have reported
difficulties in distribution in interior regions because of harassment from
supporters of President Eyadema. On January 22, 1992, uniformed men, apparently
from the army, wrecked the offices of the opposition newspaper, Courrier du Golfe.
The presumed reason for the attack was the publication of stories considered to be
defamatory to military personnel. In early September, the military and gendarmerie
increased their harassment of opposition newspapers, briefly taking into custody the
directors or editors of four of the leading weeklies (La Parole, Ibanou Express,
Forum Hebdo, and Courrier du Golfe). Formal charges for defamation of IVesident
Eyadema were brou^t against the director of La Parole in September. Court proceedings
in the La Parole case had not been concluded by year's end. The newspapers
continued critical coverage despite these incidents of'^harassment.
Until September the oflicial media (two radio stations, one television station, and
one daily newspaper) covered the views of the various government organs and the
opposition factually and in some detail. However, since the September government
reshuffle, the state media have tended toward favorable coverage of President
Eyadema and his political party, to the disadvantage of the Prime Minister and the
opposition. During and after the October 22-23 seizure of the HCR, the state media
often failed to carry domestic and foreign statements critical of the military's actions.
On September 4, Mrs. Madeleine Aduayom, an opposition figure and member of
the HCR, was beaten by gendarmes after she left a television station where she had
participated in a discussion program dealing with political topics. The national television
station suspended its weekly political broadcasts in protest against Mrs.
Aduajrom's mistreatment. Also in response, SYNJOPE called a strike to protest "the
precarious treatment and insecurity" they face in their woris. In November an unofficial
radio station, Radio Liberte, began clandestine broadcasting of opposition
views. The unregistered station was denounced by the Communications Minister,
who ordered the station located and closed down. Security force efforts to do so were
unsuccessful.
On September 13, following reluctance of the HCR to approve a new Eyademadominated
Cabinet, a group of military personnel entered the premises of the national
radio and demanded the station broadcast a communique attributed to the
Togolese armed forces demanding the immediate acceptance of the new Cabinet.
The communique was rebroadcast repeatedly until withdrawn by a military officer,
reportedly acting on the orders of President Eyadema. The HCR acted positively on
the new Cabinet appointments less than 24 hours later. On October 22, during the
seizure of the HCR, soldiers again occupied the radio station briefly and forced the
station to broadcast army communiques.
b. Freedom of Peaceful Assembly and Association
Under the transition Government,
Togolese were free to organize in associations and political parties, and many
did so. Political activities were subject on occasion to harassment and interference
from menJjers of the security forces or opposing political groups. Death threats and
attacks against opposition leaders and members of Prime Minister Koffigoh's Government,
following assassinations and attempted assassinations, led to curtailment
of public political activities. Some prominent figures avoided living at home because
of the threat to their safety.
Political groups from southern Togo hesitated to campaign in the north central
part of the country, the President's home area, where they were sometimes harassed
or attacked by supporters of the President. Similarly, members of the President's
party were on occasion beaten when attempting to engage in political activities in
parts of the south, where opposition to the President is concentrated. While some
public gatherings were held without interference, in other instances, the security
forces dispersea them with force. On July 30, at least 23 persons were reported injured
as police and gendarmes fired tear gas, and, in at least one case, live ammunition
at crowds which were blocking streets and burning tires in protest against the
death of political leader Tavio Amorin. On August 4, security force members fired
in the air and beat members of a women's group preparing to hold a demonstration
for democracy. During the general strike in November and December, security forces
forcibly dispersed an opposition march, beating some participants, when marchers
attempted to move through an area of Lome in which demonstrations had been
banned.
c. Freedom of Religion
The Constitution adopted on September 27, like the preceding
interim constitution, provides for religious freedom. Jehovah's Witnesses and
several small apostolic/celestial groups in the past were denied official approval to
practice their beliefs. Formerly aole to worship only in private, they may now practice
openly. Non-Togolese clergy may proselytize and engage in otner religious activities.
Local religious groups may maintain contacts with coreligionists in other countries.
ITiere are no restrictions on travel for religious purposes. All oflicial religious
observances are ecumenical in nature, and the Government does not favor anv specific
religion. Membership in particular religious groups has no bearing on civil service
promotions.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Free movement (including domestic and foreign travel, emigration, the
right to change residence or workplace, and the right to return to the country) is
generally enjoyed by all. With the rise in tensions between the northern and southem
regions, some residents of minority ethnic groups were harassed by members
of majority populations and therefore were obliged to return to their home regions.
Section 3. Respect for Political Rights: The Right of Citizens to Change Their Government
Throughout 1992 Togolese citizens did not enjoy the right and ability to change
their government throu^ democratic means. The struggle toward democracy was
dealt serious blows during the year. In the biggest success, a referendum on the new
Constitution was held on September 27, ana the Constitution was overwhelmingly
approved. The referendum was marked by a large turnout and was essentially free
and fair.
The political parties reached agreement in August on modifying and extending the
transitional regime until Deceniber 31, 1992. The original date of August 28 had
been set by the National Conference in 1991. The agreement provided more authority
to President Eyadema, including returning the military and security services to
his formal control.
Scheduled municipal, legislative, and presidential elections were repeatedly postponed
either by political wrangling or by technical difficulties. Even after the agreement
in August on dates for Qie elections, they had to be postponed, first because
of technical problems which became evident during the constitutional referendum,
but also because of a dispute over what kind of voting system would be used. The
October 22-23 HCR seizure led the opposition to demand additional guarantees of
army neutrality and security for the electoral period.
The climate of fear which prevailed throughout most of the year had a negative
impact on the ability of people to campaign or speak freely. For example, on December
4, uniformed members of the security forces fired at the headquarters of the
U.T.D. opposition party with no casualties. The repeated instances oi military interference
in the political process rendered the transition even more difficult and problematic.
Section 4. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations ofHuman Rights
In 1987 the Government established and funded the National Human Rights
Commission (CNDH) to investigate reports of human richts abuses. The CNDH,
which functions independently of the Government, issued several reports in 1992
critical of abuses by the Togolese military. There are several private human rights^
groups in Togo, including the Togolese Human Rights League and the Association
for FVomotion of Rule of Law. The Togolese Human Rights league prepared a report
on the state of human ri^ts in Togo and intervened on behalf of victims of human
rights abuses during the year. The transition Government also established a Ministry
of Human Rights, which was later combined with the Ministry of Social Welfare.
Human rights monitors were subject to threats of violence, credibly attributed
to elements of the security forces, and were obliged to take special security precautions,
sometimes absenting themselves from Togo. The Government received visits
from representatives of international human rights organizations. The armed
forces denounced as false a report from the Paris-based International Federation of
Human Rights accusing members of the security forces of complicity in the assassination
attempt against Gilchrist Olympio.
Section 5. Discrimination Based on Race, Sex, Religion, Language, or Social Status
In Togo the security forces are dominated by northern ethnic groups, while commerce
and the professions tend to be the preserve of southerners. Most political parties
are dominated by southerners, except for the President's own party. Ethnic rivalries,
dating from precolonial times, have been exacerbated by the civil unrest of
recent years and inadequate law enforcement. On May 2-3, a clash occurred between
the Kabye and Kotokoli communities in Central Togo in a land dispute complicated
by ethnic and political animosities.
Togolese women have equality with men under the law, and women's economic
and social rights are set forth in the Family Code adopted in early 1980. While this
Code guarantees various women's rights, including maternity leave benefits, in
practice, women continue to be subjected to discrimination, especially in education,
pension benefits, and traditional law. Far fewer women than men receive university
education, and the number of women graduates from secondary schools is low. In
the urban economic sphere, women dominate both local market activities and commerce
with Togo's neighbors, often amassing considerable wealth in the process.
However, harsh economic conditions in rural areas leave women with little time for
anything other than taxing domestic and agricultural work. Unlike civil law, customary
or traditional law—which affects the vast majority of women—discriminates
against women, e.g., giving all property to the male in the event of separation or
divorce. Women participated in the recent political changes through membership in
associations and political parties, teachers' unions, and protest groups. Five women
are in the 79-member legislature, and 1 is a Minister in the transition Government.
Violence against women, including wife beating, occurs in Togo. Mechanisms exist
within both the traditional extended family and formal judicial structures for redress,
but the police rarely intervene in domestic violence cases. Femsde genital mutilation
(circumcision) is practiced by some northern ethnic groups but is reportedly
diminishing gradually. However, according to an independent expert in the field, the
percentage of T(^lese women who have undergone this procedure may be as high
as 50 percent. While the Government has undertaken a campaign to make women
throughout Togo aware of their expanded oppxjrtunities under the new Family Code,
it has not specifically addressed the issue of violence against women or female genital
mutilation. A government-sponsored national women's organization publicizes
women's health, education, and welfare issues, and private groups have formed to
address similar concerns.
Section 6. Worker Rights
a. The Right (^Association.—Togolese workers have the right to ioin labor unions
and to strike. Prior to 1991, the right of association was effectively limited by the
requirement that all workers pay dues to the National Confederation of Togolese
Workers (CNTT), which was formerly associated with the ruling party, a practice
that had been criticized for years by the International Labor Organization. This
gave the CNTT a de facto monopoly on the labor movement, althourfi trade unions
could and did exist outside the CT4TT. In August 1991, the National Conference suspended
the automatic withholding of CNTT dues for all workers, and it froze
CNTTs assets. A number of trade unions left the CNTT, some of which then afiiliated
with two new federations: the Labor Federation of Togolese Workers (CSTT)
and the National Union of Independent Syndicates (UNSIT). The CSTT and the
UNSIT are supplanting the CNTT in importance.
In response to various political events, labor unions called for general strikes
which were generally observed. Such strikes followed the assassination atternpt
against Gilcluist Olympio, the murder of Tavio Amorin, and the takeover of HCR
headquarters by military personnel. Four strikes were called in 1992. Striker demands
were primarily political, particularly in the case of the HCR takeover, calling
for cabinet changes, assured neutrality of the armed forces, and punishment of military
members responsible for the October 22 HCR takeover. In the case of this
strike, begun in November, the demands had not been met, and the strike was continuing
at year's end.
A police strike in March was marked by violence as elements of the police erected
roadblocks, commandeered private vehicles, and shot randomly, killing at least one
person. The strike had political overtones, as one issue was what to do with 500
recruits—former soldiers mainly from President Eyadema's ethnic group—who did
not meet police standards.
The various federations and unions are free to associate with international labor
groups. The CNTT and the UNSIT were approved as affiliates of the ICFTU in December
1992.
b. The Right to Organize and Bargain Collectively
The Labor Code guarantees
workers the right to organize and bargain collectively. All formal sector employees
are nominally covered by a collective bargaining agreement. There is one tripartite
collective bai^gaining agreement signed by the unions, management, and the Government.
It sets wage standards for all formal sector employees. Individual groups
of the formal sector can attempt to negotiate a more favorable package, and some
do, though it is not a common practice. The CNTT had a role in collective bargaining
when it was the de facto monopoly labor federation, but it acted more as a
spokesman for labor interests within the Government and ruling party than as an
independent labor federation. Since 1991 the CNTT, as well as the newer labor federations,
have taken a more active role in independent collective bargaining.
While the interim Constitution is silent on worker rights, the 1974 Labor Code
prohibits antiunion discrimination.
A law allowing the establishment of Export Processing Zones (EPZ's) was enacted
in late 1989. A number of companies have received EPZ status, and about a dozen
have begun operations. The EPZ law provides exemptions from some provisions of
Togolese labor law, notably the regulations on hiring and firing workers. Employees
of EPZ firms do not enjoy the same protection against antiunion discrimination as
do other workers.
c. Prohibition of Forced or Compulsory Labor
Although the law is silent on the
question, forced or compulsory labor does not exist.
d. Minimum Age for Employment of Children
The Labor Code prohibits the employment
of diil£«n under the age of 14 in any enterprise. Some types of industrial
and technical emplojrment require a minimum age of 18. These age requirements
are generally enforced in the formal sector in uroan areas by inspectors from the
Ministry of Labor. In both urban and rural areas, particularly m farming, very
young cnildren traditionally assist in their families' woric.
e. Acceptable Conditions of Work
Minimum wages are set by the Government
for different categories, but less than the official minimum wage is often paid in
practice. Workers sometimes cannot maintain a decent standard of living even at
the oflicial minimum wages, and many must supplement their incomes through second
jobs or subsistence farming.
Labor practices are regulated by the Labor Code. The Code stipulates that there
should be equal pay for equal wore, regardless of sex, and this provision is generaUy
observed 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 per week is compulsory; and workers must receive 30 days
of paid leave each year. Enforcement is weak, and these provisions are not universallv
respected.
Health and safety standards in the workplace are determined by a technical consulting
committee in the Ministry of Labor, which may levy penalties on employers
who do not meet the conditions. In practice, the Ministry's enforcement of the various
provisions of the Labor Code is limited. Larger enterprises are required to provide
medical services for their employees and usually attempt to respect occupational
health and safety rules, but smaller firms often do not.
