Togo

Bordering Ghana and Benin, Togo is one of the most densely populated countries in Africa. Of its 8 million population, the majority are estimated to be Christian (43%), with a large proportion following traditional animist religions (35%), and a further 14% Sunni Muslims. Roman Catholicism is the predominant religion among the Christian population. It is estimated that 6% of the population are non-religious.[ref]https://www.cia.gov/the-world-factbook/countries/togo/[/ref]

Since gaining independence from France in 1960, and transitioning from a 38-year dictatorship, the country is now a presidential republic, which continues to undergo democratic reforms. Power has remained in the hands of the Gnassingbe family for 50 years. In February 2020, President Faure Gnassingbé was re-elected for his fourth term, after constitutional amendments in May 2019 changed the electoral system, allowing him to run for a further two terms, and providing him with immunity for life “for acts committed during presidential terms.”[ref]https://www.frontlinedefenders.org/en/location/togo[/ref] According to Amnesty International, the human rights situation has deteriorated sharply in the country over the last three years.[ref]https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/TGO/INT_CCPR_CSS_TGO_41355_E.pdf[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Severe Discrimination
Systemic Discrimination

Constitution and government

The Constitution[ref]https://www.constituteproject.org/constitution/Togo_2007.pdf?lang=en; https://www.refworld.org/docid/48ef43c72.html (in French)[/ref] protects freedom of thought, conscience and religion, as well as freedom of expression, assembly and association. While the right to freedom of belief is generally respected, the authorities show far less respect for the right to criticize the government through media or public demonstrations (see below for more information).

While the Constitution commences with an invocation to God, Article 1 declares the state to be “ a State of law, secular, democratic and social.” While Article 2 asserts that the State “respects all political opinions, philosophical [opinions] as well as all religious beliefs.”

Under Article 25,

“Every person has the right to the freedom of thought, of conscience, of religion, of belief, of opinion and of expression. The exercise of these rights and freedoms is made within respect for the freedoms of others, of the public order and of the norms established by the law and the regulations.

The organization and the practice of religious beliefs is exercised freely within respect for the law. It is the same for the philosophical orders.

The exercise of belief and of expression of belief is done within respect for the secularity of the State.

The religious denominations have the right to organize themselves and to exercise their activities freely within respect for the law.”

The government recognizes Catholicism, Protestantism, and Islam as official religions, and some Catholic, Protestant, and Islamic holidays are observed as national holidays. All other religious groups, including indigenous groups, may register as religious associations. Official recognition as a religious association affords them the same rights as those afforded to Catholic, Protestant and Muslim groups. There is reportedly a backlog of some 900 religious organizations awaiting legal recognition, and the government is refusing to accept new applications.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/togo/; https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/togo/ [/ref]

Article 11 prohibits discrimination on the basis of “their familial, ethnic or regional origin, of their economic or social situation, of their political, religious, philosophical or other convictions.”

The Constitution explicitly prohibits the establishment of political parties based on religion, ethnic group, or region (Article 7). However, upon assumption of office, the President is required to swear an oath before God to respect the Constitution (Article 64).

Impunity

The authorities are reported to have taken limited steps to prosecute government officials who have been accused of complicity in a range of human rights abuses, which are reported to include arbitrary killings and torture, and corruption.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/togo/; https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/TGO/INT_CCPR_CSS_TGO_41355_E.pdf[/ref]

Education and children’s rights

The state school curriculum does not include religion classes; however, there are many Catholic, Protestant, and Islamic schools, and the government provides them with teachers and other staff, and pays their salaries. The state also provides teachers to private schools of other registered religious groups.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/togo/[/ref]

Child marriage

According to the US State Department, “legal ages for marriage are 18 for girls and 20 for boys, although both may marry at younger ages with parental consent. UNICEF statistics (2017 data) found that 25 percent of women were married before age 18 and 6 percent before age 15.”[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/togo/[/ref]

Family, community and society

The judicial system employs both traditional law and the Napoleonic Code in trying criminal and civil cases. As such, in rural areas the village chief or a council of elders has authority to try minor criminal and civil cases. Those who reject traditional authority may take their cases to the regular court system. While the formal legal system supersedes the traditional system, the government is known to inconsistently apply laws, while the court system itself is slow, with the effect that many are subject to traditional law, especially in rural areas.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/togo/[/ref]

Women’s rights

The law prohibits Female Genital Mutilation (FGM) in women and girls, and is engaged in awareness-raising activities.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/togo/; https://www.orchidproject.org/wp-content/uploads/2019/03/togo_law_report_v1_september_2018.pdf [/ref]

Abortion is legal in the country if the pregnancy is the result of rape or an incestuous relationship.[ref]https://www.reuters.com/article/us-togo-abortion-idUSL2837062220061228[/ref]

Under the law, women and men are equal, however, due to failings in the legal system, women in rural areas are often subjected to traditional law, which is often discriminatory in nature.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/togo/[/ref]

LGBTI+ rights

Homosexuality is illegal in Togo under Article  392 of the Penal Code.[ref]https://jo.gouv.tg/sites/default/files/publications/JOS_24_11_15-60%C3%A8%20ANNEE%20N%C2%B030.pdf (in French); http://lawlove.org/us51/BaseLaw_EP/101179001_Togo_2000.pdf [/ref] It is considered as “unnatural”.  It can be punished by one to three years’ imprisonment and/or a fine of 1,000,000 to 3,000,000 CFA francs (approx. US$ 1,800 – 5,400). However, the law is not thought to be enforced.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/togo/[/ref]

On 30 June 2016, voted against a UN resolution on the “Protection against violence and discrimination based on sexual orientation, and gender identity.”[ref]https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20220[/ref]

On 28 December 2020, the current Minister for Human Rights, Christian Trimua declared that, “Homosexuality is not a human right.”[ref]https://www.lomeinfos.com/togo-christian-trimua-lhomosexualite-nest-pas-un-droit-de-lhomme/; https://www.republicoftogo.com/Toutes-les-rubriques/Societe/Pas-de-reconnaissance-des-droits-LGBT?fbclid=IwAR30fGYIKNm7WbocFnQ1ki-bRqgn0-W2z6MLJQtU5vPmW2rKrnjyRC_zXYI[/ref] A statement that appears to be in line with wider societal views.

According to a survey conducted by Afrobarometer, 79.8% of those interviewed indicated that they would be unhappy to have homosexuals as neighbors.[ref]https://afrobarometer.org/sites/default/files/publications/Summary%20of%20results/togo_r8_resume.des_.resultats_afrobarometer.pdf[/ref] Members of the LGBTI+ community continue to face discrimination, including in access to justice.[ref]https://freedomhouse.org/country/togo/freedom-world/2020; https://religionnews.com/2018/01/12/for-togos-lgbtq-community-justice-remains-just-out-of-reach/[/ref]

Freedom of expression, advocacy of humanist values

Freedom of expression is guaranteed by law. However, criticism of the government is often not tolerated. Impunity for crimes against journalists and frequent defamation suits encourage self-censorship. Human rights defenders and journalists are regularly subject to intimidation, arrests and judicial harassment for exposing rights violations. Togo has no human rights protection law despite the calls and efforts made by civil society organizations to strengthen the civic space in the country.[ref]https://www.frontlinedefenders.org/en/location/togo[/ref]

A 2009 law gives the state broadcasting council, the High Authority of Broadcasting and Communications (HAAC), the power to impose severe penalties—including the suspension of publications or broadcasts and the confiscation of press cards—if journalists are found to have made “serious errors” or are “endangering national security.” These provisions have been used to suppress criticism of the government. Additionally, a Press and Communication Code criminalizes insulting the President, MPs, and government members.[ref]https://www.amnesty.org/en/countries/africa/togo/report-togo/[/ref]

In December 2018, the National Assembly adopted a cybersecurity law that criminalizes the dissemination of false information and the production and sharing of data that undermine “order, public security, or breach human dignity”.[ref]https://www.frontlinedefenders.org/en/location/togo[/ref] The law is reported by human rights organizations to contribute to the climate of self-censorship.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/togo/[/ref]

Registration of NGOs

According to Front Line Defenders, the Togolese authorities have in certain instances failed to deliver registration certificates to organizations who are perceived to be critical of governmental policy.[ref]https://www.frontlinedefenders.org/en/location/togo[/ref]

Freedom of Assembly

Freedom of assembly is sometimes restricted. A 2011 law requires that demonstrations receive prior authorization and only be held during certain times of the day. Demonstrations are often dispersed by security forces, sometimes violently.

Most recently, the police were reported to have used excessive use of force in its suppression of protests against the result of the 2020 presidential election.[ref]https://www.amnesty.org/en/countries/africa/togo/report-togo/[/ref]