Identifier
Created
Classification
Origin
09LOME412
2009-11-04 16:40:00
UNCLASSIFIED
Embassy Lome
Cable title:  

TOGO: National Assembly Modifies Press Freedoms

Tags:  KPAO PGOV PHUM TO 
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R 041640Z NOV 09
FM AMEMBASSY LOME
TO SECSTATE WASHDC 9269
INFO ECOWAS COLLECTIVE
UNCLAS LOME 000412 


FOR AF/PDPA Molly Sanchez Crowe, AF/W Ashley Stewart, Paris for
Africa Watcher

E.O. 12958: N/A
TAGS: KPAO PGOV PHUM TO
SUBJECT: TOGO: National Assembly Modifies Press Freedoms

UNCLAS LOME 000412


FOR AF/PDPA Molly Sanchez Crowe, AF/W Ashley Stewart, Paris for
Africa Watcher

E.O. 12958: N/A
TAGS: KPAO PGOV PHUM TO
SUBJECT: TOGO: National Assembly Modifies Press Freedoms


1. Summary. On October 30, the Togolese National Assembly adopted a
bill modifying a 2004 law governing the influence and power of the
High Authority of Audiovisual and Communications (HAAC). The new
law substantially reinforces the power of the HAAC. The vote
exposed weaknesses and fissures within Togo's fragile parliamentary
opposition coalition. Early analysis indicates that the law
contrasts poorly with the broad press freedoms outlined by Togo's
Press Code and Constitution. Journalists were not consulted during
the National Assembly's deliberative process and on November 2
leaders representing Togo's four media associations are likely to
issue a joint press statement denouncing the new law and voicing
their discontent. This act comes as Togo prepares for February 28,
2010 presidential elections. The timing and tone of the new law is
noteworthy and raises concerns about Government of Togo's (GoT)
intentions for a transparent election process. End summary.

Overview: Constitutional Protections and the Revised HAAC Law


2. Article 26 of the Togolese Constitution guarantees and protects
press freedoms. Specifically, the constitution states that the
press is not subject to authorization, bond, censorship or any other
obstacle from the government. Article 1 of the Togolese Press Code,
approved in 2004 by the National Assembly, guarantees that print and
broadcast journalists may operate freely provided that they respect
professional ethics.


3. On November 28, 2008 the GoT introduced legislation modifying the
2004 law for consideration by the National Assembly. The Assembly
did not take up the matter until October 27, 2009 when members of
the Commission on Constitutional Laws, Legislation of the General
Administration and the Commission on Economic Development and
Territorial Administration - commissions within the National
Assembly - reviewed and amended the document. The new legislation
contains sixty-nine articles, six of the articles are modifications
to the 2004 law and ten articles have been added to the existing
legislation. Togolese President Faure Gnassingbe has 15 days to
sign the legislation once it is sent to his office by the National
Assembly.


4. The 2009 Law of the High Authority of Audiovisual and
Communications will require newspaper publishers to provide a copy
of each issue to the HAAC after publication. Broadcast media

outlets will be required to provide a copy of each radio or
television program to the HAAC for review after transmission.
Journalists and media outlets refusing to comply with HAAC orders
may now face a series of sanctions. These penalties may include
broadcasting or media licenses and credential revocation or
temporary suspensions for individual journalists and media
organizations. The HAAC may also work with law enforcement
authorities to close media outlets and seize their equipment if they
fail to comply with HAAC decrees. Under the new legislation, a
HAAC-led disciplinary board can question individual journalists
about specific infractions.


5. Members of Togo's political opposition parties were present on
the National Assembly panel charged with editing and amending the
new media rules. The opposition agreed to support the GoT-led
initiative, despite indications that it would adversely impact
privately owned media which is largely sympathetic to their
interests.


6. Opposition representatives assumed the law would face a vote
during a plenary session of the National Assembly 15 days after its
introduction into the commission. Representatives of the ruling,
Rally of the Togolese People party (RPT) introduced the legislation
for a vote by the full Assembly after only three days of
deliberation within the commission. On October 30, the National
Assembly voted on the legislation revised by the commission.
Members of the opposition party Union of the Forces of Change (UFC)
declined to participate in the vote and left the Assembly chamber.
The remaining opposition group Action Committee for Renewal (CAR),
chose to abstain from the vote. The legislation passed with 48
votes from RPT. The National Assembly consists of 81 deputies, 50
RPT, 27 UFC and four CAR.

Local Media Reaction


7. The Togolese government owns and operates a daily newspaper, the
national television station and several regional radio stations.
Private media has expanded rapidly in Togo since the late 1990s and
includes 25 newspapers, eight television stations and nearly 100
radio stations. Generally, Togolese media outlets face significant
fiscal shortfalls and are hampered by a low degree of
professionalism. There are very few journalism programs within
Togo's institutions of higher education. Many journalists have only
a high school level of education. Because they are paid
inconsistently many journalists will routinely write stories in
exchange for money, regardless of their veracity.


8. Representatives of Togo's four media associations met on November
2 and issued a joint statement in response to the new law. Their
statement denounced the legislation calling it an attempt by the
government to "muzzle the press". The group noted that the law
endangers journalism in Togo at a time when the government professes
to be committed to reconciliation.


9. Comment: Post sees this action by the GOT as a serious step
backward, away from the more liberal and enlightened press code that
had been negotiated as part of the Global Political Agreement and
the list of 22 Agreements made with the European Union.
Furthermore, the timing is very suspect, coming just four months
before the Presidential election. When the Ambassador expressed her
dismay to the Prime Minister and the Minister of Cooperation, in the
context of discussing Togo's MCC scorecard, both seemed surprised at
her comments, as if they did not make the connection between press
freedom and the criteria of political rights and civil liberties.
The international community has quietly agreed that this action does
not bode well for election preparations, although there has been no
public comment from other diplomatic missions. Post is debating
whether or not to issue a brief press release stating that we
interpret this as a step backward and that we hope it will not
discourage free and fair press coverage of the election. End
comment.