Country Report on Human Rights Practices for 1985
TOGO
The Government of Togo is authoritarian, and power is firmly
centralized in the hands of President General Gnassingbe
Eyadema. Eyadema is also head of the armed forces and of the
only legal political party, the Rassemblement Du Peuple
Togolais. The Eyadema Government has been in power since
1967. Its legal authority is based on a written Constitution
adopted by national referendum in 1979. Only party members
are permitted to participate in the political process. As
head of the party. President Eyadema dominates the executive,
legislative, and judicial functions of government. The
Government's control of the elements of coercion, including
the military, the Gendarmerie, and civil police (Surete), and
the wide recognition that it is willing to use them, are
important factors in maintaining its authority.
Togo's economy is heavily oriented toward subsistence
agriculture, with most Togolese participating only marginally
in the modern (cash) sector. Coffee and cocoa are the only
significant crop exports. Togo exploits and exports one
mineral product, phosphate. World prices for these three
exports have been well below normal recently, and Togo has had
to institute an austerity program, with attendant hardship on
the population. Togo also has a small but flourishing
commercial sector and encourages private enterprise, much of
which is carried out by women.
The human rights situation in Togo changed little in 1985.
Following a series of bomb explosions in August, about 20
people were arrested on suspicion of ant i government
activities, and most are still being held. There were about
40 persons being held without charge in late 1985 on general
political grounds. There were also cases of death of several
persons from unresolved causes while under government
survei 1 lance/custody .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
The death of Colonel Koffi Kongo on March 29 while he was
under government surveillance led to some speculation that he
had been killed by security personnel. An Amnesty
International team visited Lome 10 days later and met with the
President, other government officials, and Kongo's family,
including his French wife. All concerned — including the
attending military physician — said that Kongo had died of a
heart attack. Although President Eyadema had agreed to an
autopsy, the family members refused to permit a postmortem
examination. The causes of his death thus remain unverified.
During August, there was a series of three separate weekend
bomb explosions in Lome. The primary purpose appears to have
been to embarrass the Government. When a bomb went off at the
national insurance office August 24, an employee who was
working late was killed by the blast. Those responsible have
not as yet been identified nor has anyone claimed
responsibility for the blasts. In addition, the Government
informed Amnesty International representatives who visited
Lome in October that one of those who was arrested on
suspicion of antigovernment activity died of hypertension and
heart trouble while under detention. Amnesty International
said that they had received reports that he died following
electrical torture. As no judicial inquiry was held following
his death, it too will likely continue to be surrounded by
uncertainty as to the actual cause.
b. Disappearance
In 1985, there were no reports of disappearance in Togo.
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
While the President has enjoined Togolese authorities to
refrain from torturing prisoners, there is no specific
Togolese law prohibiting torture. Some released prisoners and
trial defendants have claimed to have been beaten or tortured
and have alleged that their statements to the police were
obtained either by threat or application of physical
coercion. There were several such reports in 1985,
particularly after the September arrests. Following the visit
by Amnesty International in October, Amnesty representatives
said that they had seen 14 of the prisoners, and they all had
the general look of having been "badly treated." It appears
to be the general belief of the populace that torture is
practiced, particularly by the military and the Gendarmerie.
Prison facilities are overcrowded and rudimentary with limited
space, light, sanitation facilities, and ventilation. Food
and medical care are reported to be barely adec[uate by local
standards. Families are allowed to visit prisoners and to
provide food. Only military and paramilitary personnel are
granted access to Togo's four military prisons. Past reports
have cited prisoner beatings and hard labor on state-owned
farms .
d. Arbitrary Arrest, Detention, or Exile
The Togolese legal system does not include the right of habeas
corpus, nor does this right exist in practice. Prisoners
accused of crimes unrelated to political security are usually
held for no longer than 48 hours prior to indictment or
provisional release pending investigation, but nothing
prevents authorities from holding a person beyond that time
without charge. Arbitrary arrest and detention occur in Togo,
although such cases are generally confined to those the
Government considers guilty of "crimes against the public
trust" (e.g., corruption or threat to national security,
including political opposition). There is no functioning bail
system. Those held in administrative or preventive detention
are usually not formally charged and cannot obtain redress
through the courts. They may be detained as long as the
Government deems necessary for the investigation. As many as
20 people were placed under administrative detention in
September for antigovernment activities (i.e., possession
and/or distribution of antigovernment tracts or painting
antigovernment slogans on walls). They were subsecjuently
fired from their jobs. Administrative sanctions against
officials have also included assignments to residences in
their home villages, where they are required to report weekly
to the regional Gendarmerie office.
Reports indicate the national Gendarmerie has exercised almost
unlimited power in arresting and detaining persons in Togo.
Present practice allows any permanent officer of the
Gendarmerie to arrest and detain persons without seeking prior
permission or submitting a subseqraent report. President
Eyadema is believed to follow such cases closely. The number
of detainees held by the Gendarmerie in its Lome prison,
outside the structures of local judicial process, has been
reported to be as high as 50. Persons detained by the
military are processed through the military judicial system.
There is no forced labor in Togo outside the prison system.
e. Denial of Fair Public Trial
Traditional courts at the village level handle a large number
of civil and even criminal cases, with evidence generally
being presented by both sides before the village chief or' a
council of elders who then make a decision. Those who do not
accept a traditional court's ruling may take cases to the more
formal legal system existing in the cities. Formal pretrial
proceedings are sometimes protracted. A crowded court docket
and shortage of judges make speedy trials unlikely.
Defendants accused of nonpolitical crimes are generally
accorded the right to a public trial and the right to be
represented by counsel . When the defendant cannot afford the
cost of an attorney, counsel is appointed by the Government.
A defense attorney is permitted to talk with the defendant
privately. Defendants and counsel are formally notified of .
charges in writing. Special courts handle security,
embezzlement of public funds, and violent crimes and observe
the same standards of justice as regular courts. Togo's
judicial system is not independent of the executive branch and
is open to political interference in those trial cases deemed
important to the Government .
In July 1985, President Eyadema announced the release of what
the Government claims to be the last three political prisoners
it was holding. The three, Kodjobi de Souza, Kaou Sanvi, and
Kouassi Lanyo Sanvi de Tove, were convicted in 1979 for their
part in the abortive 1977 coup. Opposition sources outside
Togo have claimed that there are up to 200 political prisoners
in Togo but are unable to produce specific names. Nearly all
of the approximately 50 detainees mentioned in Section Id were
arrested because they were judged to be threats to internal
security and thus could be considered political prisoners.
The number of political exiles is unknown.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
It is generally thought that there is monitoring of
correspondence and telephones and that there are extensive
networks of informants in all important sectors of Togolese
society in order to check on dissident activity. Searches of
private residences in both civil and criminal cases are
normally authorized by a judge or senior police official. In
matters judged by the Government to involve national security,
searches without formal authorization are permitted.
Section 2 Respect for Civil Rights, Including:
a. Freedom of Speech and Press
There is no legal restraint to freedom of speech in Togo. It
is exercised fully except on political matters. On all
matters concerning the President or Government, citizens feel
constrained and are careful to avoid criticism. A free press
does not exist in Togo. The Government owns and operates the
media, which it regards as a vehicle for mobilizing popular
support for its policies. It does not permit publication or
circulation of material criticizing its policies or officials
and considers any such activity a serious offense. From
time-to-time, the media will report that some cabinet
ministers and raid-level government functionaries have been
accused of corruption and/or ineffective implementation of
programs. Foreign publications normally freely circulate and
foreign radio broadcasts are not jammed. In early April 1985,
following the death of Colonel Kongo, one issue of the
magazine Jeune Afrique was not allowed into Togo. Academic
freedom is practiced only in nonpolitical fields.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is strictly controlled. Prior government
approval must be obtained before large groups may assemble.
Approval for such gatherings involves a political question and
is granted at the discretion of the Government. This
effectively precludes antigovernment political meetings.
Permission for other types of meetings is not difficult to
obtain. Professional groups are enjoined to avoid political
activities .
The single national trade union federation. La Confederation
Nationale des Travailleurs du Togo (CNTT), is controlled by
the national political party. Organization of workers is
permitted only under its banner. The federation conveys the
Government's views and requirements to workers and, on certain
economic issues, represents workers' concerns to the
Government. The right to organize is guaranteed under the
Togolese labor code and all major sectors of the Togolese work
force are unionized. Workers also have the right to strike,
but only after every remedy to arbitrate the dispute has been
throughly exhausted. When disputing parties deadlock, the
Government involves itself as arbitrator and through this
informal mechanism, most strikes are averted. Strikes,
however, have occurred only rarely in the past. In each
instance, the Government continued to dialogue with striking
workers and the strikes ended shortly thereafter without
physical coercion or arrests of striking union members.
c. Freedom of Religion
Freedom of religion generally prevails in Togo, although the
Jehovah's Witnesses were banned by a government decree in
1979. This one religious faith is not recognized by the
Government as a religious group having the right to conduct
services, proselytize, or otherwise carry out religious
activities. There are, however, no known legal penalties for
being a Jehovah's Witness. No specific religion is favored by
the Government. There is no requirement for religious groups
to be licensed by the Government. With the exception of
Jehovah's Witnesses, the open practice and teaching of
religion is permitted. There is no restriction on publishing
strictly religious material. Foreign clergy are allowed to
proselytize. Local religious groups are permitted contact
with similar organizations in other countries. No
restrictions exist on -religious travel. Religious affiliation
is neither an impediment nor an advantage with regard to
advancement in Togo and is compatible with membership in
Togo's only political party.
d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation
Free movement, including domestic and foreign travel,
emigration, and the right to change residence or workplace, is
allowed for Togolese and foreigners. Domestic travelers may
encounter security or customs-related official roadblocks.
Passport issuance is restricted by the Government in order to
control the number of professional Togolese who emigrate and
also to keep known political dissidents under close scrutiny.
Exit visas are also required. Except for the few political
exiles, Togolese who have chosen to reside in other countries
may return at will. Togo has traditionally welcomed refugees,
as well as displaced persons.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
President Eyadema holds a monopoly of power in Togo and has
maintained it since 1967. Togo is a one-party state. There
are, however, institutions permitting some participation in
decisionmaking where the President is not directly involved.
All citizens are considered to be members of the party, and
active party members may express their views at party meetings
on issues such as the implementation of policy and the
behavior of subordinate officials. No challenges are allowed,
however, to the President's political program and the central
committee's decisions. During the last election in
December 1979, President Eyadema was the only candidate and
was elected for a seven-year term with 99 . 7 percent of the
votes. Togo has a 77-member National Assembly which debates
certain categories of proposed legislation as defined by the
Constitution but has no real power to reject laws proposed by
the executive. The National Assembly can and does require
ministers to justify their budgets, and it gives sanction to
policy decisions. The National Assembly elections of March 24
permitted party members, for the first time, to be elected
from local groups. Previously, all Assembly members
represented a national constituency and one list of candidates
was selected by the Government. Within the one party there
were 216 candidates for 77 seats and there were a number of
spirited contests. The Government's control of the local
media insured that campaign rhetoric did not take an
ant i government tone. All regional ethnic groups and both
sexes are represented within the single party. Currently, 4
women serve on the 26-member central committee of the party,
and 3 women are National Assembly delegates.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Togo has been active in human rights forums. Togo was a
member of the U.N. Human Rights Commission in Geneva from
1982-84. Following the abortive July 4, 1985,0coup in Guinea,
President Eyadema joined with the President of the Ivory Coast
in appealing to the Guinean President for leniency for the
coup plotters, when there were pressures for their immediate
execution.
The Government of Togo has also in the past cooperated with
international organizations such as Amnesty International, in
investigating charges of human rights violations. As
mentioned above. Amnesty International teams visited in both
April and October. A lesser degree of cooperation was
exhibited on December 31, however, when a three-person Amnesty
International team arrived at the Lome airport and was denied
entry. There are no human rights organizations based within
Togo that report on or observe human rights violations. In
its 1985 Report, Amnesty International expressed concern about
the use of politically motivated detention without trial and
about reports of torture and ill-treatment and harsh prison
conditions. Freedom House rates Togo as "not free."
ECONOMIC, SOCIAL, AND CULTURAL SITUATION
Togo is listed among the U.N. General Assembly's least
developed countries. Its population of 3,023,000 (1985) is
growing at the high rate of 3 . 1 percent annually, in a
relatively resource-poor land mass of only 56,000 square
kilometers. Per capita gross national product was $280 in
1983. Revenues from its major exports, phosphates, cocoa, and
coffee, have been much lower than historic levels. In the
late 1970 's, Togo made major investments in industrial
projects and tourist infrastructure, many of which proved to
be unprofitable. As a result, the Government found itself in
economic straits and had to institute major reforms with World
Bank and International Monetary Fund cooperation. Over the
past 5 years, the primary focus of governmental development
policies has been on increasing agricultural production. Togo
is virtually self-sufficient in food in normal climatic
conditions .
Inadequate government resources have limited efforts to
improve health and sanitation levels in Togo, although
Ministries for Public Health, Social Affairs, and Education
typically receive large shares of the regular national budget
(40 percent of the 1983 budget). Life expectancy at birth is
49 years, and the infant mortality rate is 107 (1985) per
1,000 live births. On a nationwide basis, there is only 1
doctor for every 18,100 people (1980) and 1 nurse for every
1,430 people (1980), although the Government operates 21
hospitals and nearly 300 dispensaries or clinics throughout
the country's 21 prefectures. About 42 percent of the
population (1980) has access to safe water; in urban areas,
the figure rises to around 70 percent, while dropping to 31
percent for rural areas. About 42 percent of the urban
population is estimated to be living below the absolute
poverty level (1978).
Education has also been a major focus of government policy.
School attendance is theoretically compulsory until age 15.
The adult literacy rate was cited by the World Bank as 16
percent in 1970, 27 percent for males and 7 percent for
females. Since many children beyond normal primary school age
(6-11) are still enrolled in primary schools, the overall
primary school enrollment ratio is 105 percent (1982). For
males, this ratio is 131 percent and for females 80 (1982).
Labor practices in Togo are set by the Togolese Labor Code
adopted in 1974, which is generally respected in practice.
The Code specifically stipulates that there should be equal
pay for equal work, cjualif ications, and production for both
sexes; working hours of all employees in any enterprise,
except for agricultural enterprises, should not normally
exceed 40 hours per week; the employment of children under 14
in any enterprise is prohibited; at least one period of 24
hours of rest per week is compulsory; and workers earn 30 days
of paid leave each year. Enterprises must run a regular
medical service for its employees. Health and safety
standards in the workplace are determined by a technical
consulting committee at the Ministry of Labor and instituted
by decrees. There are penalities for employers who do not
meet the conditions of the decree.
The economic and social rights of Togolese women are spelled
out in the Family and Individual Code which was adopted in
early 1980. Under this Code, women's rights include maternity
leave benefits. Women dominate local market activities and
commerce with Togo's neighbors and often amass considerable
wealth. Formal equality under the law and success in the
local marketplace do not mean total eqiaality for all women
throughout Togo. Civil law, for example, recognizes a woman's
property rights, but customary or traditional law gives all
property to the male in the event of separation or divorce.
Economic conditions in rural areas also often leave women
little time for anything other than carrying water, finding
firewood, cooking, caring for the family, and helping to raise
food crops. The Government has undertaken a campaign to make
women throughout the Togo aware of their expanded
opportunities under the new family Code.
