Togo

Short and comprehensive draft containing most rights and obligations of the Model Law, albeit simply listed.

Law N°…. on the promotion and protection of human rights defenders

Type of instrument: Law
Status: (as of 1 January 2022)
In Progress; submitted to the Minister of Human Rights for adoption through the Council of Ministers.

Comments on the instrument:
The draft law is short but comprehensive. It contains most of the rights and obligations enshrined of the Model Law, albeit in an undetailed way, merely enlisting them without elaboration. Some rights are not explicitly stated (such as the right to freedom of movement), however, article 4 states that human rights defenders have the right ‘to exercise all public freedoms enshrined in national legislation and ratified international standards’. It would be preferable to have these rights explicitly stated.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights? No

Comparison to the Model Law

Below is a short summary of the instrument compared to the Model Law. For additional information and analysis by ISHR on Togo, click here.

A selection of fundamental rights for human rights defenders incorporated in the instrument:

Provision	Covered?	Analysis / articles
Definition of Human Rights Defender	FULL	2
Right to promote and protect human rights and fundamental freedoms	FULL	Exposé des motifs, 4, 5
Right to Form Groups, Associations, and Organisations	FULL	4
Right to Solicit, Receive and Utilise Resources	FULL	4
Right to freedom of expression and to seek, receive and disseminate Information	FULL	5
Right to access and cooperate with NGOs, government organisations and intergovernmental organisations	FULL	4
Right to participate in public affairs	FULL	5, 6
Right to Peaceful Assembly	FULL	4
Right to represent and advocate	FULL	4
Right to freedom of movement	PART	4
Right to Privacy	PART	4, 8
Freedom from intimidation or reprisal	FULL	7
Freedom from defamation and stigmatisation	PART	4, 7

State obligations regarding human rights defenders in the instrument?

Provision	Covered?	Analysis / articles
Obligation to respect, promote, protect and fulfil rights of human rights defenders	PART	1, 2, 9, 10, 15-17
Obligation to facilitate the activities and work of human rights defenders	FULL	14
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal	FULL	15, 17
Obligation to investigate, provide an effective remedy and ensure reparation	FULL	19

Mechanism on the protection of human rights defenders established in the instrument?
No. Article 18 mentions that a Mechanism is to be created by the State, but it is not established in this law. Article 5.3 of the August 2021 law on the composition, function and organisation of the National Commission requires the Commission to contribute to the protection of defenders.

Quick access

Draft Law