a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

Unlike in the previous year, there were no reports that the government or its agents committed arbitrary or unlawful killings. The Ministry of Security and Civil Protection announced investigations into several reports of killings by security forces in 2020, but the results of these investigations remained pending. For example, the April 2020 death of a Lome man after leaving his home during the COVID-19 curfew remained unresolved as of September.

On February 24, parents demanding justice for children killed during opposition protests in 2017 and 2018 launched the Collective of Victims’ Families in Togo, calling on the government to bring the perpetrators to justice. As of September, authorities had not announced any investigations into those deaths.

Government offices formally empowered to investigate security force killings include the Central Directorate of the Judicial Police (CDJP) and the Inspectorate of the Judicial Police. The Ministry of Security also investigates high-profile cases but rarely publishes the results. The Ministry of Justice recommends appropriate cases for prosecution to the Public Prosecutor’s Office. The National Human Rights Commission (CNDH) also investigates security force killings.

b. Disappearance

There were no reports of disappearances by or on behalf of the government.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. There were multiple reports, however, that government officials employed cruel, inhuman, or degrading treatment.

Human rights organizations reported systemic physical mistreatment of uncharged detainees. The CNDH serves as the National Mechanism to Prevent Torture (NMPT), and human rights organizations invited the NMPT to engage more actively to prevent torture and abuse.

On December 29, 2020, gendarmes arrested Carlos Ketohou, publishing director of L’Independant Express, a private newspaper. He was held at the Central Intelligence and Criminal Investigation Service (SCRIC) until January 2. Human rights groups reported Ketohou suffered ill treatment and was denied clothing other than underwear. Security forces repeatedly interrogated him over the course of several hours with guns pointed at his face.

Authorities arrested Pan-African National Party Prefectural secretary Abdou-Moutawakilou Yakoubou in January 2020 on allegations of having participated in violent acts against gendarmes during the 2019 government raid on the “Tiger Revolution” group. Authorities granted him provisional freedom on health grounds in July, and he died on August 26 of a long-term illness. Human rights organizations reported he was subjected to torture and inhuman acts while in detention. The Committee for the Liberation of All Political Prisoners in Togo reported that five others arrested in early 2020 for participation in the Tiger Revolution group, Mourane Tairou, Alassani Issaka, Saibou Moussa, Seybou Alilou, and Djalilou Soulemane, died in prison in late 2020, and were also allegedly subjected to torture while in prison.

On October 20, the Community Court of Justice of the Economic Community of West African States condemned the government for torture and ill-treatment of a woman arrested during political demonstrations in 2017. The court ordered the government to pay $53,000 restitution to the woman. The woman filed a complaint with the court in 2018 after domestic courts refused to consider her petitions.

According to the Conduct in UN Field Missions online portal, there was one allegation submitted in October 2020 of sexual exploitation and abuse by a Togolese peacekeeper deployed to a UN peacekeeping mission. As of September, the United Nations had substantiated the allegation and repatriated the perpetrator, but the government had not disclosed the disciplinary or remedial measures taken.

Impunity was a problem in the security forces, including police, gendarmes, and the armed forces. The factors that contributed to impunity included politicization, lack of political will, corruption, and insufficient training. Human rights organizations reported they filed several complaints, but the government rarely investigated or punished those involved.

Offices tasked with investigating abuses include the CDJP, the Inspectorate of the Judicial Police, the Ministry of Security, the Ministry of Justice, the Public Prosecutors’ Office, and the CNDH.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government did not always observe these requirements.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, but the government did not always respect judicial independence and impartiality. The executive branch exerted control over the judiciary, and judicial corruption was sometimes a problem. A widespread public perception existed that lawyers bribed judges to influence the outcome of cases. The court system remained overburdened and understaffed.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, but there were reports such interference occurred.

On May 17, a dozen heavily armed gendarmes in civilian clothes reportedly broke into Djimon Ore’s home in western Lome and searched without a warrant. After conducting a search, they arrested Ore and returned to take photos (see section 1.e., Political Prisoners).

On July 21, international media cited the use by authorities of Israeli software program Pegasus to spy on activists, opponents, and journalists. The government reportedly spied on several persons, including journalists Carlos Ketohou and Ferdinand Ayite, as well as opposition figures and human rights activists (see section 1.e., Political Prisoners).

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, and citizens exercised that ability.

Elections and Political Participation

Recent Elections: In February 2020 President Faure Gnassingbe won re-election to a fourth five-year term with 71 percent of the vote, according to government estimates. The main opposition candidate Agbeyome Kodjo of the Patriotic Movement for Democracy and Development won 19 percent and prevailed in the Maritime Region, which includes Lome. International observation delegations from the Economic Community of West African States (ECOWAS) and the African Union monitoring the election declared it generally free and fair, despite some irregularities. The government excluded some groups from observing the election, including the Episcopal Council for Justice and Peace.

In 2018 parliamentary elections took place. Fourteen opposition parties chose to boycott the elections. International observers noted the parliamentary elections took place under generally peaceful conditions. Although expressing regret regarding the opposition boycott, ECOWAS commended “the effective conduct of free and transparent legislative elections.” The Constitutional Court announced the ruling Union for the Republic (UNIR) party won a majority with 59 of 91 seats. The government-aligned Union of Forces for Change party won seven seats. Smaller parties and independent candidates aligned with the government won the remaining 25 seats.

Political Parties and Political Participation: UNIR dominated politics and maintained firm control over all levels of government. UNIR membership conferred advantages such as better access to government jobs.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups, including persons with disabilities and lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons in the political process, and they did participate. Some observers believed cultural and traditional practices constrained women, persons with disabilities, and LGBTQI+ persons from voting, running for office, serving as electoral monitors, or otherwise participating in political life on the same basis as heterosexual men or nonminority citizens. For example, only 17 of 91 parliamentarians were women, one parliamentarian had a disability, and none openly identified as LGBTQI+. Nevertheless, the president of the National Assembly was a woman, as were 12 ministers in the 34-member cabinet, including the prime minister. Members of southern ethnic groups remained underrepresented in both government and the military.

Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively. There were numerous allegations of government corruption, and some officials engaged in corrupt practices with impunity.

The body responsible for combating corruption, the High Authority for Preventing and Combating Corruption and Related Offenses, is an independent body that works with the judiciary on strengthening anticorruption practices and oversees adherence of public officials to anticorruption statutes. It also has a public outreach function that includes raising public awareness and referring complaints for legal action.

Other state entities, such as the Government Accounting Office and the Finances Inspectorate, investigated and audited public institutions but reported few results. Authorities maintained toll-free and text-messaging lines for citizens to report cases of corruption.

Corruption: Government corruption was most severe among prison officials, police, and members of the judiciary. There were credible reports judges accepted bribes to expedite and render favorable decisions in land-dispute cases.

On February 26, Vincent Bollore, CEO of Bollore Group, and two senior company executives admitted in a French court to corruption and abuse of power related to the acquisition of a Port of Lome concession extension, tax exemptions, and construction permissions in exchange for drastically discounted communication services to President Faure Gnassingbe’s 2010 re-election campaign. The French court recommended a criminal trial for the executives. Bollore Group additionally paid nearly $15 million in damages.

In November 2020 a leaked Finance Inspectorate audit noted serious irregularities in the Committee to Monitor Fluctuations of the Prices of Petroleum Products, a government body tasked with managing orders and setting prices for those products. In 2020 L’Alternative reported $900 million in alleged embezzlement by the director of the committee and his son (see section 2.a., Libel/Slander Laws).

A variety of domestic and international human rights groups generally operated without government restriction, investigating, and publishing their findings on human rights cases. Government officials often met with human rights groups and participated in NGO-sponsored public events but typically were not responsive to NGO recommendations. Some NGOs, such as the Togolese League for Human Rights, reported experiencing intimidation and threats while conducting their work, particularly during election periods.

Government Human Rights Bodies: A permanent human rights committee exists within the National Assembly, but it did not play a significant policy-making role or exercise independent judgment. The CNDH is the government body charged with investigating allegations of human rights abuses and is nominally independent and somewhat effective in its investigations and deliberations.

The CNDH undertook several activities, including organizing meetings with human rights organizations and visiting prisons. For example, on July 22 and 23, the CNDH organized a workshop in Kpalime on the implementation of its prison reform recommendations. The meeting brought together representatives from relevant ministerial departments. Human rights organizations encouraged the CNDH to take a more active role in mitigating human rights abuses.

Women

Rape and Domestic Violence: The law criminalizes rape of women and men and addresses spousal rape, but authorities did not generally enforce it effectively. The law does not specifically address domestic or intimate partner violence. The law provides for five to 10 years’ imprisonment for rape and a substantial monetary fine. Spousal rape is punishable by up to 720 hours of community service and a smaller monetary fine. A prison term of 20 to 30 years applies if the victim is younger than 14; was gang raped; or if the rape resulted in pregnancy, disease, or incapacitation lasting more than six weeks. Although the government did not provide statistics on the incidence of rape or arrests for rape, some data were available from legal advocates for victims and NGOs.

Domestic violence against women was widespread. Police generally did not intervene in abusive situations, and many women were not aware of the formal judicial mechanisms designed to protect them. The government made some efforts to combat rape and domestic violence. For example, the government had several locations where abused women could shelter.

On July 30, a motorcycle taxi driver was convicted of a rape committed in 2017. After attempting to bribe a police officer, he received a 10-year sentence for rape and attempted corruption, in addition to a substantial monetary fine to compensate the victim.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for girls and women. According to UNICEF data from 2017, FGM/C had been performed on 3.1 percent of girls and women between the ages of 15 and 49. The most common form of FGM/C was excision, usually performed a few months after birth. The practice was most common in isolated Muslim communities in the sparsely populated Central and Savanes Regions.

The government sponsored educational seminars on FGM/C. Several domestic NGOs, with international assistance, organized campaigns to educate women on their rights and how to care for victims of FGM/C. NGOs also worked to create alternative labor opportunities for former FGM/C perpetrators.

Sexual Harassment: Sexual harassment was a problem. While the law states harassment is illegal and may be prosecuted in court, authorities did not enforce it. The law provides penalties of one to three years’ imprisonment and a potentially substantial fine. Penalties are increased for sexual harassment of a vulnerable person, defined as a minor, person of advanced age, pregnant woman, or person with an illness or disability.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Legal, social, and cultural barriers to sexual and reproductive health included poverty, the lack of education regarding sexual and reproductive health, and the classification of contraceptive services as nonemergency services, leading to delays in providing contraceptive services during the COVID-19 health emergency.

The government provided access to limited sexual and reproductive health services for sexual violence survivors. Emergency contraception was available as part of the clinical management of rape.

According to UNICEF, the maternal mortality rate was 396 deaths per 100,000 live births, and a woman’s lifetime risk of maternal death was one in 56 as of 2017. The most common causes of maternal mortality were hemorrhaging, adolescent pregnancy, and lack of access to skilled obstetric care during childbirth.

While there are no legal barriers related to menstruation and access to menstruation hygiene, social and cultural barriers impacted women and girls’ ability to participate equally in society.

A 2017 government-funded study surveyed 788 young women and girls from ages 10 to 24 on menstrual hygiene management. The study indicated women and girls experienced prohibition from performing activities during menstruation from their parents (62.5 percent of respondents) and from the culture (20.2 percent of respondents) in cooking, seeking water and wood, praying, eating with family, and engaging in sexual intercourse. Lack of private facilities in schools lead some women and girls to return home during menstruation out of a desire for privacy. The study reported girls leaving school entirely due to reasons related to menstrual hygiene management.

Discrimination: Although by law women and men are equal, women experienced discrimination in education, pay, pension benefits, inheritance, and transmission of citizenship (see section 6, Children). In urban areas women and girls dominated market activities and commerce but did not receive adequate legal protection in those activities. Harsh economic conditions in rural areas, where most of the population lived, left women with little time for activities other than domestic tasks and agricultural fieldwork. While the formal legal system supersedes the traditional system, the government did not enforce the law effectively, and the courts were slow, distant, and expensive to access; rural women were effectively subject to traditional or customary practices. By tradition a wife has no maintenance or child support rights in the event of divorce or separation. The formal legal system provides inheritance rights for a wife upon the death of her husband.

There are no restrictions on women signing contracts, opening bank accounts, or owning property. Women did not experience formal-sector economic discrimination in access to employment, credit, or business management. The law stipulates that 25 percent of public contracts must be awarded to young and female entrepreneurs.

The law states citizens are equal before the law without privilege or deprivation based on race or ethnicity. Northern ethnic groups, especially the Kabye tribe, dominated the civil and military services, while southern ethnic groups, especially the Ewe, dominated the private commercial sector. This relative dominance by northern groups was a recurring source of political tension and discrimination. The government took little action to address these problems.

Birth Registration: According to the constitution, citizenship is derived either from birth within the country’s borders or, if abroad, from a citizen parent. Conflicting nationality laws, however, discriminated against women. The nationality code states a woman may pass her nationality to a child only if the father is stateless or unknown. The child code has gender-neutral nationality provisions that also conflict with the nationality code. There were no reports of birth registration denial.

Education: School attendance is compulsory for boys and girls until age 15, and the government provides tuition-free public education from nursery through primary school. Parents must pay for books, supplies, uniforms, and other expenses. There was near gender parity in primary school attendance. Girls were more likely than boys to complete primary school but less likely to attend secondary school.

Child Abuse: Child abuse was a widespread problem. The law criminalizes child abuse including sexual abuse, defined as any sexual relationship or touching by an adult of a child younger than 16, the legal age of consensual sexual conduct. The government worked with local NGOs on public-awareness campaigns to prevent exploitation of children.

The government maintained a telephone hotline for persons to report cases of child abuse and connect with resources. The hotline provided information on the rights of the child and legal procedures and access to social workers who could intervene in emergencies. Additionally, the government worked with UNICEF to train teachers on children’s rights and included human rights education in elementary school curricula.

Child, Early, and Forced Marriage: The 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.

The government and NGOs engaged in a range of actions to prevent early marriage, particularly through awareness raising among community and religious leaders. The Ministries of Education, Promotion of Women, and Health led development of the National Program against Child Marriage and Teenage Pregnancy. Multiple initiatives focused on helping girls stay in school. Messages broadcast through media, particularly local radio, stressed avoiding early marriage and the importance of educating girls.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children including the sale, offering, or use of children for commercial sex, pedophilia, practices related to child pornography, and grooming behavior. The law was not effectively enforced. The law defines 16 as the minimum age of consensual sexual conduct for boys and girls. Courts in Lome and Kara responsible for trafficking cases were not operational due to pandemic-related impact on government operations. Reported abuses included instances of rape of a minor, illicit relationships with minors, and the circulation of child pornography via social media networks.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There is no known Jewish community, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with disabilities cannot access education, health services, public buildings, and transportation on an equal basis with others. The law prohibits discrimination against persons with physical, mental, intellectual, and sensory disabilities, but the government did not effectively enforce these prohibitions. The law does not mandate accessibility to public or private facilities for persons with disabilities, although some public buildings had ramps. While children with disabilities attended schools at all levels, with some attending schools specifically for those with disabilities, negative perceptions of children with disabilities often excluded them from school. School attendance rates of children with disabilities were unavailable, as was information on possible abuses. The law does not restrict the right of persons with disabilities to vote and participate in civic affairs, although lack of accessible buildings and transportation precluded some from doing so.

The Ministry of Health, the Ministry of Education, and the Ministry of Social Action, Promotion of Women, and Literacy were responsible for protecting the rights of persons with disabilities. The Ministry of Social Action conducted awareness campaigns to fight discrimination and promote equality; it also distributed food and clothing and provided skills training to persons with disabilities.

The law prohibits discrimination against persons with HIV and AIDS, and the government sponsored broadcasts aimed at deterring discrimination. The government National Council for the Fight against AIDS (CNLS) is mandated with preventing discrimination against individuals living with HIV and AIDS. The CNLS conducted awareness-raising programs, training, and other activities. Persons with HIV and AIDS nonetheless faced some societal discrimination. For example, there were cases of family abandonment when HIV-positive status was discovered, and the perception persisted that HIV and AIDS were religious punishment for wrongdoing.

Activists reported violence against LGBTQI+ persons was common, but police ignored complaints.

The law prohibits “acts against nature committed with an individual of one’s sex,” widely understood as a reference to same-sex sexual conduct. The law was not enforced. On those occasions when police arrested someone for engaging in consensual same-sex sexual conduct, the justification for the arrest was usually for some other legal infraction, such as a “shameless or unnatural act.” The law forbids promotion of immorality, which is understood to include promotion of same-sex sexual conduct.

LGBTQI+ persons faced societal discrimination in employment, housing, and access to education and health care. The existing antidiscrimination law does not apply to LGBTQI+ persons. No law allows transgender persons to change gender markers on government-issued identity documents.

LGBTQI+ groups may register with the Ministry of Territorial Affairs as health-related groups, particularly those focused on HIV and AIDS prevention. Most human rights organizations, including the CNDH, refused to address LGBTQI+ concerns.