On 6 October 2011 the Working Group on the UPR considered the human rights situation in Togo. The delegation sent by Togo comprised eight delegates, including ministerial representatives from several departments, such as the Minister of Justice, the Minster of Arts and Culture, the Minister of Commerce and the Director General of the Promotion of the Child in the Ministry of Social Action and National Solidarity.
On 6 October 2011 the Working Group on the UPR considered the human rights situation in Togo. The delegation sent by Togo comprised eight delegates, including ministerial representatives from several departments, such as the Minister of Justice, the Minster of Arts and Culture, the Minister of Commerce and the Director General of the Promotion of the Child in the Ministry of Social Action and National Solidarity. Mme Leonardina Rota Doris Wilson-de Souza, Minister for Human Rights, Consolidation of Democracy and Civic Education headed the delegation and presented the report to the Working Group. Mme Wilson-de Souza assured the Working Group of the high priority given to the promotion and protection of human rights by the Togolese Government. She thanked civil society and development partners for their support of the Government in their human rights work, and asked for the assistance of the international community in the continuation of this work, particularly in harmonising their domestic legislation with international human rights instruments, combating impunity and poverty, providing equality before the law, and fighting discrimination in Togo.
Togo’s report was very comprehensive and outlined progress already made in the promotion and protection of human rights. The report highlighted the numerous international human rights instruments which Togo has already ratified or acceded to and the regional human rights instruments which they are party to; all of which are either already integrated into their domestic laws, or are in the process of being integrated. The report also discusses other successes, such as the existence of the National Human Rights Commission, which was established in 1987 and recognised in the Constitution in 1992; the abolition of the death penalty in 2009; the establishment of a Truth, Justice and Reconciliation Committee with a mandate to investigate political violence between 1958 and 2005 (including the 2005 electoral violence); the provision of free anti-retro viral drugs since 2008 and other efforts to protect the rights of those with HIV/AIDS; and efforts to ensure the right to food, which resulted in a food surplus in 2010.
In the interactive dialogue that followed, specific recommendations, questions and comments included:
Notable responses given by the delegation to the 43 States that participated in the interactive dialogue included:
The delegation felt that any failures or slow progression of Togo in the area of human rights should be considered in light of the fact that it is a ‘fragile’ State that lacks human and financial resources. It explained that the State takes a ‘pragmatic approach’ to ratifying international instruments, which it argued makes the process of mainstreaming these instruments into their domestic legislation more lengthy. Togo also rejected recommendations that it decriminalise homosexuality, arguing that the topic was too controversial for the fragile nation and that attempts to legislate on this matter could be ‘counter-productive’ due to the way that ‘this phenomenon is perceived in society in Togo’. The response given regarding freedom of speech was not entirely clear, with delegates arguing that the support mechanism for private media outlets ensures freedom of speech for media. The delegation responded to concerns over freedom of assembly with information that a law was passed a few months ago to supplement the right to peaceful demonstration as enshrined in the Constitution.
At the adoption of the report, the delegation accepted 112 of the recommendations given to them and rejected only 11. The remaining 10 recommendations were to be further discussed between the Togolese Government and civil society, and a decision on them will be given at the 19th session of the Human Rights Council in March 2012. In her conclusion, Mme Wilson-de Souza made assurances that Togo would implement the accepted recommendations as soon as possible, and called for the support of the international community in assisting Togo to promote and protect human rights.