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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 
 
¶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.