By CIVICUS
Sep 11 2024 –
CIVICUS discusses the crackdown on civil society in Togo with a human rights defender who asked to stay anonymous for security reasons.
Political tensions in Togo have increased following the recent adoption of constitutional changes. Under the new parliamentary system, the president will be elected by parliament rather than popular vote, and a powerful new post of President of the Council of Ministers will be created. Suspicions are that the changes will enable President Faure Gnassingbé to stay in power. Gnassingbé has ruled Togo since 2005, when he took over from his father, who’d seized power in a 1967 coup. The government has banned protests against the changes, disrupted civil society meetings, arbitrarily arrested and detained protesters and suspended and deported journalists for covering the unrest.
What are the main constitutional changes and why have the political opposition and civil society objected to them?
On 25 March, Togo’s National Assembly adopted a new constitution that dramatically changes the country’s governance from a presidential to a parliamentary system. The changes were not put to a referendum, but were decided through opaque legislative procedures. The main changes are the abolition of direct presidential elections and the creation of the powerful role of President of the Council of Ministers. Similar to a prime minister, this president is elected by parliament for a six-year term that can be extended indefinitely if he retains majority support. This removes the two-term limit imposed by the 2019 constitution, which was introduced after massive public protests.
The new constitution sparked widespread controversy and came amid an already tense political climate, with parliamentary and regional elections originally scheduled for 13 April repeatedly postponed while lawmakers debated the constitutional changes. Political parties, civil society organisations (CSOs), the Catholic Church and part of the population see it as an attempt by the ruling family to cling to power, as the amendments would extend the 19-year presidency of Faure Gnassingbé and the 57-year dynastic rule of the Gnassingbé family.
We strongly condemn the adoption of the new constitution and the lack of transparency in the process. This is a constitutional coup that restricts citizens’ political rights, exacerbates political instability and undermines democratic governance.
What reforms are needed to ensure genuine multi-party democracy in Togo?
First, it’s crucial to restore direct presidential elections based on universal suffrage, because the electoral system should truly reflect the will of the people. But a president shouldn’t be allowed to rule indefinitely, so it’s also crucial to reintroduce term limits for the president and other key officials to prevent the concentration of power and promote accountability.
In addition, an independent electoral commission should be established to restore public confidence in a system that’s now perceived to be biased in favour of the ruling party. This commission should oversee all electoral processes and ensure they are free, fair and transparent.
It is also key to ensure equal access to campaign resources for all political parties. Fair media coverage and campaign financing would contribute to a more competitive and representative electoral process. It is equally important to strengthen legal safeguards. All parties should be allowed to operate freely without interference or fear of persecution and violence from state authorities.
We need to increase civic participation. Reforms should facilitate platforms for CSOs to engage in political debate. We must support grassroots movements with resources and training to help them mobilise people and educate them about democratic principles and their rights.
Togolese civil society is already pushing for these changes. Groups such as ‘Touche pas à ma constitution’ (‘Don’t touch my constitution’) are organising protests, raising awareness and holding community meetings to educate people and challenge the new constitution. They have also filed complaints with regional bodies such as the Economic Community of West African States (ECOWAS), calling for the annulment of the new constitution and the restoration of democratic norms. CSOs and democratic political parties are presenting a united front to demand democratic reforms.
How has the government responded to the protests?
The government has responded to the protests with a heavy-handed approach aimed at silencing dissent. Many opposition leaders and activists have been arrested. On 26 March, law enforcement and security forces banned two press conferences organised by political parties and CSOs on the grounds that the organisers didn’t have proper permits. This was a clear attempt by the government to stifle opposition voices. On 3 April, nine leaders of the political opposition party Dynamique Mgr Kpodzro were also arrested for ‘disturbing public order’. They were released six days later.
The use of violence, a hallmark of the Gnassingbé regime, has created a climate of fear. Anyone who takes part in opposition activities is framed as a criminal who threatens public order and is prosecuted. This has a chilling effect on civil society activism. Many people are afraid of being arrested or violently attacked if they engage in political discourse or take part in protests. This criminalisation undermines our ability to mobilise effectively and advocate for democratic reform.
With our freedoms of expression and assembly severely curtailed, we’ve found it increasingly difficult to organise events, hold press conferences or communicate our messages without interference from security forces. This has increasingly isolated us from the wider public. The crackdown on dissent has undermined public trust in both the government and CSOs, as people become disillusioned with the political process and the weak foundations of democracy.
How can the international community help address the suppression of civic freedoms in Togo?
The international community can play a key role by applying diplomatic pressure and supporting democratic reforms. Public condemnations and resolutions by international bodies such as the United Nations and the African Union can help highlight these issues and push for necessary changes. International bodies and representatives should engage directly with Togolese officials to address concerns.
They should also support local civil society by providing funding, resources and training. This support is essential to strengthen CSOs’ capacity to advocate for democracy and human rights, and to mobilise and empower people.
Independent monitoring and reporting mechanisms are essential to assess the political situation, ensure transparency in the upcoming elections and document human rights violations. If violations continue, the international community should consider sanctioning key officials and making development aid and assistance conditional on respect for democratic principles and human rights. This can serve as an incentive for the government to undertake meaningful reforms.
ECOWAS is also in a position to mediate between the government, the opposition and local civil society to promote a more inclusive and democratic environment. At a time when democracy is in retreat in West Africa, with four countries having suffered military coups since 2020 and 15 leaders having circumvented term limits, ECOWAS must take a firm stand against unconstitutional changes such as those recently seen in Togo and send a clear message that power grabs won’t be tolerated.
Civic space in Togo is rated ‘repressed’ by the CIVICUS Monitor.
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