Identifier
Created
Classification
Origin
09LOME430
2009-11-16 08:27:00
UNCLASSIFIED
Embassy Lome
Cable title:  

MEDIA REACTION TO PROPOSED HAAC LAW

Tags:  KPAO PGOV PHUM TO 
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R 160827Z NOV 09
FM AMEMBASSY LOME
TO SECSTATE WASHDC 9282
ECOWAS COLLECTIVE
UNCLAS LOME 000430 


STATE FOR AF/PDPA MSANCHEZCROWE, AF/W ASTEWART, PARIS FOR AFRICA
WATCHER

E.O. 12958: N/A
TAGS: KPAO PGOV PHUM TO
SUBJECT: MEDIA REACTION TO PROPOSED HAAC LAW

REF: LOME 412

UNCLAS LOME 000430


STATE FOR AF/PDPA MSANCHEZCROWE, AF/W ASTEWART, PARIS FOR AFRICA
WATCHER

E.O. 12958: N/A
TAGS: KPAO PGOV PHUM TO
SUBJECT: MEDIA REACTION TO PROPOSED HAAC LAW

REF: LOME 412


1. On November 10, Post's PAO and Information Assistant met with
representatives of Togo's four press unions, the Independent Union
of Togolese Journalists (UJIT),the Togolese Media Observatory
(OTM),the National Council of Press Leaders (CONAPP),and
Journalists for Human Rights (JDHO-Togo). The group discussed a
proposed law granting the High Authority of Audiovisual
Communications (HAAC) broad powers over the press (REFTEL). The
journalists observed that the new measure violates Article 26 of the
Togolese Constitution and diverges from Togo's Press Code. The
unions have hired an attorney and are prepared to file a claim in
Togo's constitutional court. They concluded the meeting by
describing ongoing efforts to encourage the Government of Togo (GoT)
to repeal the law and next steps toward promoting press freedom in
Togo.

Background


2. In late October, Togo's National Assembly passed legislation
granting the HAAC broad powers to restrict the media. Togolese
President, Faure Gnassingbe, has yet to sign the legislation and
earlier this week he returned the measure to the National Assembly
for review by a joint commission. The commission includes the same
group responsible for drafting the October 2009 HAAC law, which
consists of ruling and opposition party members.

Media Reaction


3. On November 9, union representatives met directly with Minister
of State and spokesperson of the GoT Pascal Bodjona encouraging the
GoT to retract the HAAC legislation. The meeting did not result in
the GoT changing its position and no concessions were made on either
side.


4. On November 10, the unions led a strike which they referred to as
"A Day Without Media". The purpose of the strike was to raise
public awareness about the new proposed press restrictions. Private
print, radio and television media outlets participated in the
effort. Three private television stations including one owned by
Minister of State Badjona (LCF) and two by former Minister of
Communications Pitang Tchalla (TV2 and TLS) did not participate in
the strike. Government broadcasters and print media, including the
RepublicofTogo.com, did not interrupt service.


5. The National Assembly joint commission has agreed to meet with
press union leaders on November 16. Union leaders will seek repeal
of the new legislation. However, commission members are likely to
only discuss amending four articles of the new law dealing with
financial penalties, suspensions and public hearings of journalists
by the HAAC.


6. The commission is expected to make its decision immediately
following the meeting. After a 15-day waiting period, the edited
text will be put before the full Assembly for a vote. It is
unlikely that the commission will make any substantive changes to
the law and even less likely that they will repeal it. If the
measure passes the Assembly, there are no clear indications as to
whether or not President Gnassingbe will sign the amended
legislation.

Next Steps


7. The unions are seeking support from various international human
rights organizations. Reporters Without Borders, for example issued
a November 7 statement condemning the proposed restrictions to press
freedom in Togo.


8. According to the union representatives, if the legislation is
passed and signed by the President, journalists will disregard the
law and solely recognize Togo's press code and constitution. They
have hired an attorney to assist them in legally challenging the
constitutionality of the HAAC law in court.


9. The unions are eager for a statement from the U.S. Embassy
underscoring press freedom in Togo. They believe that the USG
influenced the GoT's decision to repeal an April 2009 directive
authorizing the HAAC to cancel call-in radio and television talk
shows following the arrest of Kpatcha Gnassingbe.


10. According to the union leaders, Togo's 2007 legislative
elections were the first time that the private press legally covered
elections in Togo and the new legislation is a significant step
backwards. Despite their failed November 9 negotiation session with
GoT leaders and the dim likelihood that the National Assembly will
repeal the law, the group remains resolute in their efforts. Post
will continue to monitor the situation closely.

HAWKINS