Infos Togo Togo-Draft law on freedom of association

8 articles deemed liberticidal pruned by the G8

Publié le mercredi 24 novembre 2021, par Gabinho

It is the fruit of a process initiated since the re-entry of this draft law of 57 articles since last year, a process which led to a meeting to validate the amendments and proposed reformulations of articles, for three days by officials of CSOs (Civil Society Organizations) and Trade Unions, at the initiative of the G8. This, in the logical continuation of an in-depth analysis against legal instruments, conventions, Treaties and Charter of Human Rights and the Constitution.

At the end of the work which required a proofreading, and in front of the press Last Friday, at the end of the proofreading session, in Lomé, the G8 informed that it emerges in addition to the reformulations proposed by the G8, that 8 articles deemed to be liberticidal have been pruned. And then only 44 articles were retained by this organization. In pruned articles, ACAT’s Bruno Haden and his peers cited those 11-17-18-19-20-26-32 and 33.

"What we retain today after the work that has been done is that the G8 has an acceptable text that will be proposed to the government so that together within the framework of a discussion table that we suggest between the organizations of civil society and the authorities, we can analyze this document article by article. We find ourselves after the work with 44 articles and 08 articles deleted. This work was done taking into account the Togolese constitution, the international charter of human rights and guidelines for peaceful assembly and association in Africa. Also, the letters of the special rapporteurs addressed to Togo were considered ”, explained Mr. Haden, before continuing,“ among these 08 articles considered to be liberticidal, we can retain the one relating to the suspension of an association in the Council of Ministers without remedies before national courts. We believe at the level of the G8 that according to regional and international standards, it is important to give the opportunity to an association which is suspended to make an appeal ". And it doesn’t stop there. Since, Bruno Haden indicates that "we also speak of sanction, dissolution and imprisonment at the level of certain articles. What we do not share. The other worry is asking an association to pay up to a million. We think this is too much because there are associations in the country that don’t even have a budget of a million a year ".

A promise of the G8, following this validation, is to "take his pilgrim’s staff to travel the country in order to allow our brothers and sisters in the interior of the country to appropriate the document".

A document that Haden and the other members of the G8 board plan to put on the table of the government but also that of the Civic Space.
In the meantime, he intends to deploy a communication campaign around the text thus stripped of the articles deemed to be liberticidal and is asking the government for the establishment of a consultation framework, and also a round table to discuss the issue. draft bill article by article.