Protests and meetings over controversial constitutional reform banned; journalist arrested

General

Controversial constitutional reform, legislative elections set for 29th April 2024

On 25th March 2024, members of the National Assembly adopted a new Constitution, which moves Togo away from a semi-presidential system to a parliamentary system, meaning that members of parliament will from now on nominate the president, and direct elections of the president will be abolished. The constitutional reform fuelled political tensions and was met with a backlash from civil society and opposition groups, who accuse authorities of using the constitutional reform to keep President Faure Gnassingbé in power. In this context, authorities banned several opposition and civil society meetings and protests.

Legislative and regional elections are set to take place on 29th April 2024, after they were postponed from 20th April over the contested constitutional reform so as to allow consultations over the new Constitution.

Expression

Journalist arrested, newspaper suspended

On 26th March 2024, police officers of the Research and Investigation Brigade arrested Apollinaire Mewenemesse, editor of the newspaper La Dépêche, after he responded to a summons. Two days later, an investigating judge in Lomé charged the journalist with seven counts, including ‘conception and publication of false news’ with the aim of ‘inciting the population or the army to rise up against the state’ and of ‘having damaged the honour, dignity and consideration of the President of the Republic’. On 9th April 2024, a court in Lomé provisionally released Mewenemesse and placed him under judicial supervision. Conditions include the confiscation of his passport, restrictions on leaving the greater Lomé territory without permission and a prohibition of making statements on his case.

The charges relate to an article published in La Dépêche on 28th February 2024, questioning the court findings and conviction of the head of the army General Abalo Kadangha for the suspicious death of Lieutenant Colonel Bitala Madjoulba, a figure of the inner circle of President Faure Gnassingbé.

On 4th March 2024, Togo’s media regulator, the Haute autorité de l’audiovisuel et la communication (HAAC) had already suspended La Dépêche for three months over the article, citing grounds of ‘incitement of tribal hatred’ and ‘incitement to popular revolt’, among other accusations.

Electronic surveillance of journalists

In a statement published in January 2024, Reporters without Borders (RSF) said they found traces of spyware, bearing all the characteristics of the Pegasus spy software, in the phones of two journalists prosecuted for defamation of a government minister. RSF found at least 23 intrusions between 1st February and 10th July 2021 in one of the phones used by journalist Loïc Lawson, publisher of Flambeau des Démocrates. RSF said that a similar situation was found on the telephone of independent journalist Anani Sossou, who was targeted with spyware a few months later. As reported previously on the Monitor, the two journalists were arrested on 13th November 2023 and charged with ‘defamation’, ‘attacking the honour’ of the Minister of Urban Planning, Housing and Land Reform and ‘incitement to revolt’ over tweets they posted about a theft at the residence of the Minister. Although they were provisionally released on 1st December 2023, they continue to face these charges.

As reported previously on the Monitor, in July 2021, the investigation The Pegasus Project into a massive leak of 50,000 phone numbers and potential surveillance targets revealed more than 300 Togolese numbers and potential targets, including journalists, activists and members of the political opposition.

Peaceful Assembly

Opposition and civil society meetings banned, dispersed

Following the adoption of the controversial constitutional amendments, authorities have banned several meetings, including press conferences, organised by civil society and opposition parties, and dispersed participants when they attempted to gather.

On 27th March 2024, authorities banned or dispersed at least three meetings in Lomé and Tsévié. Ahead of a press conference, organised by several civil society organisations and political opposition parties, to announce the creation of the coalition ‘Ne touche pas à ma constitution’ (‘Don’t touch my constitution) against the constitutional amendments, gendarmes reportedly intimidated those responsible of the room where the press conference was planned. During the press conference, which as a result of the intimidation took place in another location, gendarmes ordered the participants to evacuate, stating that no authorisation was given for the meeting, and even used tear gas to disperse those attending. Journalists told Amnesty International they were threatened by the security agents as to not film the events.

That same day, security forces attempted to prevent another press conference from taking place in the community center in Bé, Lomé. The press conference, organised by political opposition parties and civil society groups, finally went ahead at another location.

Other civil society events, such as workshops, have also been banned by authorities. In Tsévié, a locality 30 kilometers north of Lomé, local authorities prevented a civil society workshop, dedicated to the protection of the freedom of association and peaceful assembly, from taking place on 27th March 2024. A dozen of gendarmes came to the hotel where the workshop was taking place and demanded the participants to leave, claiming the meeting was not authorised. The organisers were reportedly also obliged to give a list of participants. As reported previously on the Monitor, the ceremony to launch the same project ‘Strengthening civil society for the promotion and protection of freedom of association and assembly in Togo’ on 11th October 2023 was also banned by local authorities.

On 21st February and 21st March 2024, the Ministry of Territorial Administration banned the ‘citizen’s café’, organised by the social movement Grand mouvement pour la refondation du Togo (GMC), on the basis that GMC has ‘no legal base’.

Authorities ban opposition protest against constitutional reform

On 8th April 2024, the Minister of Territorial Administration banned a protest, planned for 12th and 13th April 2024 in Lomé, organised by a group of political opposition parties against the adoption of the new Constitution. Reasons invoked for the protest ban include risks to disturb public order and the non-respect of the authorisation deadline by the organisers.

In the evening of 11th and on 12th April 2024, police were deployed at the roundabout Bè-Gakpoto, where the protest was intended to start.

Opposition activists members during awareness raising activities

Nine members of the political opposition party Dynamique Mgr Kpodzro (DMK) were arrested on 3rd April 2024 at the Akodésséwa market in Lomé while raising awareness on the constitutional reform adopted by the National Assembly, which they call “illegal”. They were reportedly unfurling a banner when they were arrested. On 5th April 2024, three of the nine members arrested were released, while a judicial investigation was opened against the six others for ‘aggravated disturbance of public order’. They were released on 9th April 2024.

Association

Council of Minister approves draft law on associations

On 12th January 2024, the Council of Ministers approved a draft law on associations. The draft law, when adopted, will replace the 1901 French law on Associations, made applicable in Togo by decree 46-432 of 13 March 1946, which contains unwarranted restrictions. For many years, civic actors highlighted the shortcomings of the law regulating associations, and the necessity to replace the 1901 law.

However, in a statement published on 22nd January 2024, several CSOs expressed their concern about “anomalies and shortcomings in form and substance” in the draft law, including the absence of civil society consultation in the process.

In November 2021, eight civil society organisations (G8) had already commented that the draft bill formed a threat to freedom of association, freedom to exercise the right to organise and the right to collective bargaining in some of its provisions.