Author: Communication Unit of the Network of Women Leaders for Development (RFLD)
RFLD is a sub-Saharan African organization with expertise in working with state actors, the media and civil society organizations. We intervene through advocacy, policy development and training, integrating gender and promoting civic space, women’s rights, climate justice and women’s economic rights.
Secretariat email: admin@rflgd.org
The union between freedom of expression, assembly and democracy in a state is a reality rooted in Western-style political culture,” says Gingras. More than any other institution worthy of the name, the media, a trusted and respected channel of information, symbolizes freedom of expression and remains a very important and non-negotiable ingredient in democracy. This is why any restriction of free media is systematically perceived as a threat to democracy.
Moreover, in a free democracy, anything can be thought, and therefore said, since without the freedom to say and think, there can be no truth. Freedom of expression and opinion is a right recognized by Article 19 of the Universal Declaration of Human Rights. However, like any other freedom, which is not an absolute right, the freedom to express oneself freely on any political or social subject, although guaranteed in any democratic society, is exercised within defined limits which, far from being defined by fundamental laws, are restricted by policies. Restrictions on freedom of expression and of the press also depend on the political regime in power.
And Togo is no exception to this reality. In this article, we will first look at the obstacles to the exercise of freedom of expression and assembly, and then at the conditions that legitimize restrictions on these freedoms. Finally, we will make a few recommendations for a more peaceful civic space.
A worrying state of affairs?
Freedom of expression, that precious ingredient of democracy in a country governed by the rule of law, has been in jeopardy for some years now in Africa. In Togo, freedom of expression is protected by several regional and international reference instruments that governments themselves have ratified over the years. “Everyone has the right to information, and the right to express his or her opinions within the framework of the laws and regulations”: according to these texts, the exercise of freedom of opinion or expression has limits which stipulate that the right to freedom carries with it special responsibilities and duties.
Consequently, it may be subject to certain restrictions, but these must be laid down by law, i.e. justified by the need to safeguard national security, respect the rights of others and protect public morals. In recent years, however, a series of sanctions against the media has called into question the issue of freedom of expression and assembly in Togo. Notwithstanding the legal grounds cited by the authorities to justify these sanctions, the question is whether freedom of expression is not under threat in Togo, or whether the decisions taken are well-founded. Clearly, freedom of expression in Togo is under threat.
Freedom of expression put to the test
In August 2019, the legislature passed a new law that severely restricts the freedom to demonstrate and therefore to express oneself. This is Law N° 2019-009 on internal security, which extends the prerogatives of the public minister in charge of territorial administration to prescribe measures restricting freedom of the press and expression through the control of websites and online communication services. To justify this measure, which is contrary to international and regional provisions ratified by the country, the authorities cited security measures.
This law comes at a time when the country was already shaken by a political crisis between 2017 and 2018, which resulted in numerous demonstrations calling for the resignation of the president and a limit on the number of presidential terms. For the president of the Ligue Togolaise des Droits de l’Homme (Togolese League for Human Rights), such a law is above all a violation of the freedom to demonstrate. This provision runs counter to article 30 of the country’s fundamental law, which stipulates that “the State recognizes and guarantees freedom of demonstration”. 54% of Togolese think they should be careful about what they say in public on political issues.
With cameras in focus, microphones in hand and cameras in their hands, Togo’s journalists are on the lookout for information, and accessing it is often no easy task. Today, Togo seems to be sinking in terms of freedom of expression. Statistical data from several surveys speak volumes. Whether it’s the African Media Barometer reports or the Reporteur Sans Frontière rankings from 2013 to 2020, Togo is taking a big step backwards in terms of freedom of expression and the media. If we are to believe the statistical data from African Media Barometer during a survey conducted in 2017, freedom of expression is not effective in Togo.
It is difficult for citizens to say what they think or to freely address certain sensitive subjects especially when these relate to politics. In times of crisis, certain freedoms are curtailed in Togo, such as the closure of certain newspapers and radio stations, or Internet blackouts. Freedom of expression is still under threat in Togo, and journalists continue to be the target of ill-treatment (African Media Barometer). There is still a long way to go.
How can we ensure effective freedom of expression?
Freedom of expression means the freedom to form an opinion on any current topic, to disseminate it and to receive it from others. In a democracy, everyone should have the right to say and think what they want. When expression is banned, that’s when it becomes truly dangerous. There are some criticisms that those in power must be able to tolerate in the democratic arena. It’s both inaudible and necessary for nation-building.
And if freedom of expression or opinion is important for every citizen, it is also necessarily so for society as a whole. On an individual level, the State must guarantee every citizen the right to express his or her opinion or form an opinion of his or her own. For opinions do not disappear if speech is forbidden. On the contrary, it’s when they flourish in a kind of resentment that they can become extremely harmful. So the question is, what can be done to reintroduce freedom of expression in Togo and ease the tension? First of all, the central government has a key role to play.
The Togolese authorities must commit to a peaceful civic environment. To this end, lifting the restrictions on freedoms imposed by the new law is a key condition. The State, in agreement with the entire Togolese political class, must organize a national meeting to list the contributions of all parties to a way out of the crisis. Also, in a system where the spoken word is becoming a source of tension and more and more people feel muzzled, inter-community dialogues must be opened to enable grassroots communities to express their opinions. The aim is for the authorities to listen to all sections of society.
