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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 international 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?

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