Author : Freedom House
Site of publication : Freedom House
Type of publication : Report
Date of publication : 2021
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Overview
While regular multiparty elections have taken place since 1992, Togo’s politics have been controlled since 1963 by the late Gnassingbé Eyadéma and his son, current president Faure Gnassingbé. Advantages including security services dominated by the president’s ethnic group and malapportioned election districts have helped Gnassingbé and his party retain power. Opposition calls for constitutional and electoral reforms have been harshly repressed for years.
Political rights
- Electoral process
Faure Gnassingbé—who was initially installed as president by the military after the death of his father, Gnassingbé Eyadéma, in 2005—secured a fourth term in the February 2020 election, credited with 71 percent of the vote in the first round against six challengers. Permits for domestic civil society groups to deploy observers were denied or revoked, representatives of the US-based National Democratic Institute were expelled before the election, and mobile messaging applications were blocked on election day. A relatively small number of observers from the African Union and the Economic Community of West African States (ECOWAS) were granted entry and produced largely uncritical reports.
Faure Gnassingbé secured a fourth term in the February 2020 election
The runner-up, former prime minister Agbeyome Kodjo of the opposition Patriotic Movement for Democracy and Development (MPDD), was credited with 19 percent of the vote. He and other opposition members alleged that the election was stolen, accusing the government of using fake polling stations and engaging in ballot-box stuffing. In the aftermath of the voting, security forces surrounded Kodjo’s house and that of a retired archbishop to prevent them from leading demonstrations.
After Kodjo’s lawsuit challenging the election results was rejected by the Constitutional Court in March, his parliamentary immunity was lifted, and he was arrested and temporarily detained in April—along with other members of his party—for asserting that he was the legitimate president. Upon his release, Kodjo went into hiding, and the government issued an international warrant for his arrest in July. He reportedly remained in hiding at year’s end.
Elections are organized and supervised by CENI, whose membership by law should be balanced between the ruling party and the opposition. For the 2020 presidential election, however, only two of the 19 members were from the opposition. Among other irregularities on election day, opposition members were reportedly denied access to some polling places to monitor the vote, and CENI refused to publish detailed results for each precinct.
- Political Pluralism and Participation
There is a multiparty political system, and opposition parties are generally free to form and operate. Candidates can also run as independents. However, the dominance of the UNIR undermines the visibility and competitiveness of other parties. Opposition members are sometimes arrested in connection with peaceful political activities.
Opposition members are sometimes arrested in connection with peaceful political activities.
In 2017 and 2018, antigovernment protests organized by opposition parties were suppressed with deadly force, and opposition supporters were arrested and tortured. During the run-up to the 2020 presidential election, opposition candidates faced obstacles such as denial of permits to hold rallies. In the weeks after the balloting, several opposition leaders were arrested.
The Éwé, Togo’s largest ethnic group, have historically been excluded from positions of influence; they are prominent within the opposition. Since 2010, the community has been politically split, as the Éwé-dominated UFC reached a power-sharing agreement with the government while the majority remained loyal to opposition forces.
Women face some societal pressure that discourages their active and independent political participation. Only 16 percent of the National Assembly members elected in 2018 were women. Candidate registration fees were halved for women ahead of the 2019 local elections. In September 2020, Victoire Tomegah Dogbé became the first woman to serve as Togo’s prime minister, and she named women to a record 30 percent of the ministerial posts in her cabinet.
Women face some societal pressure that discourages their active and independent political participation
- Functioning of Government
The president holds most policymaking power, and the National Assembly, which is controlled by the ruling party, does not serve as an effective check on executive authority. A pattern of flawed elections has undermined the legitimacy of both the executive and the legislature.
Corruption is a serious and long-standing problem. The government has adopted legislation that is ostensibly designed to reduce corruption, such as a 2018 law on money laundering and the funding of terrorism, but these legal changes have not been followed by effective enforcement or convictions of high-ranking officials. The majority of members of the High Authority for the Prevention and Fight against Corruption and Related Offenses (HAPLUCIA) are presidential appointees, raising concerns about the body’s independence. HAPLUCIA cannot prosecute cases itself and must make referrals to the public prosecutor. In recognition of its disappointing performance, the president included a reorganization of the body among his campaign promises ahead of the 2020 election.
Civil Liberties
- Freedom of Expression and Belief
Freedom of the press is guaranteed in the constitution but inconsistently upheld in practice. Although numerous independent media outlets offer a variety of viewpoints, restrictive press laws and a history of impunity for those who commit crimes against journalists encourage self-censorship. There is no mechanism to appeal decisions made by the High Authority for Broadcasting and Communication (HAAC), which can suspend outlets for violations of broadly worded regulations. In March 2020, two newspapers were temporarily suspended for critical reporting on the French government, and a third was suspended for criticizing the first two suspensions.
Police have engaged in violence and other acts of intimidation to discourage press coverage of opposition protests. Authorities have also hampered reporting by cutting mobile phone and internet service during protests; instant messaging apps were blocked on election day in February 2020.
- Associational and Organizational Rights
While the constitution provides for freedom of assembly, a number of laws allow for its restriction, and police have periodically used deadly violence to disperse assemblies in practice. A 2011 legal reform retained problematic rules on prior notification for demonstrations and limits on their timing. A 2015 revision of the criminal code penalized participation in and organization of protests that had not gone through the necessary administrative procedures. In 2019, the parliament imposed new limits on the timing and location of public demonstrations, and allowed authorities to restrict protests based on the availability of security personnel.
Authorities responded with temporary bans and other administrative restrictions, and in some cases, police used disproportionate force, resulting in multiple deaths, arrests, and cases of torture
Protests organized in 2017 and 2018 to demand the restoration of presidential term limits attracted hundreds of thousands of participants. Authorities responded with temporary bans and other administrative restrictions, and in some cases, police used disproportionate force, resulting in multiple deaths, arrests, and cases of torture.
During the 2020 presidential election campaign, authorities denied permits for several opposition rallies as well as civil society events to protest flawed electoral procedures. In the postelection period, after Kodjo and Kpodzro called for protests, security forces surrounded their homes and restricted access to parts of the capital. Demonstrators who attempted to assemble were dispersed by police, reportedly using excessive force.
Authorities responded with temporary bans and other administrative restrictions, and in some cases, police used disproportionate force, resulting in multiple deaths, arrests, and cases of torture.
- Rule of Law
The constitution provides for an independent judiciary, but in practice courts are heavily influenced by the presidency. The Constitutional Court in particular, a majority of which is appointed by the president and the UNIR-controlled National Assembly, is believed to be partial to the ruling party. Judges on other courts are appointed by the executive based on the recommendations of a judicial council, which in turn is dominated by senior judges.
In practice courts are heavily influenced by the presidency
Executive influence and judicial corruption limit constitutional rights to a fair trial. Dozens of people arrested for participating in antigovernment protests in recent years have been charged, tried, and convicted in hasty proceedings. Detainees in general often have no access to counsel.
Although women and men are ostensibly equal under the law, women continue to experience discrimination, and their opportunities for employment and education are limited. Official and societal discrimination has persisted against people with disabilities, certain regional and ethnic groups, and LGBT+ people, to whom antidiscrimination laws do not apply. Same-sex sexual activity is a criminal offense, and while the law is rarely enforced, LGBT+ people face police harassment.
- Personal Autonomy and Individual Rights
The country has made regulatory improvements to ease processes such as the registration of companies and property, but in general the business environment is poorly administered, creating opportunities for corruption and driving much economic activity into the informal sector. Women and men do not have equal inheritance rights under traditional or customary law, which is observed mainly in rural areas.
Customary law puts women at a disadvantage regarding matters such as widowhood, divorce, and child custody. Polygamy is widely practiced and legally recognized. Child marriage remains a problem in some regions. Rape is illegal but rarely reported and, if reported, often ignored by authorities. Domestic violence, which is widespread, is not specifically addressed by the law. UN data from 2017 indicated that about 3 percent of women and girls aged 15 to 49 have undergone genital mutilation or cutting, which is illegal and less prevalent among younger girls.
Rape is illegal but rarely reported and, if reported, often ignored by authorities
Protections against exploitative labor conditions, including rules on working hours, are poorly enforced, and much of the workforce is informally employed. Child labor is common in the agricultural sector and in certain urban trades; some children are subjected to forced labor. According to the US State Department, the government has made efforts to address human trafficking for forced labor and sexual exploitation, but it has struggled to secure convictions against perpetrators.
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