| For a summary of Togo’s review at the second cycle please click here. |
12th UPR session
Date of review: 6 October 2012
Date of report adoption: March 2012
Working Group report: A/HRC/19/10
| Summary
Recommendations: Amend legislation to ensure that sexual orientation and gender identity are included as prohibited grounds for discrimination; strengthen the measures aimed at prohibiting discrimination based on sexual orientation; repeal legislation criminalising homosexuality, and introduce policies aimed at ending discrimination against homosexuals; consider decriminalizing sexual relations between consenting adults of the same sex; with respect to the situation of the rights of Lesbian, Gay, Bisexual and Transgender people, adopt policy and legislative measures to establish a specific framework for the protection against discrimination based on sexual orientation, together with the suppression of penal provisions which criminalise sexual relations between consenting adults of the same sex and; launch public awareness-raising campaigns on this issue. Response: Rejected. |
I. Key issues/recommendations identified by NGOs
- Bring its legislation into conformity with its international human rights obligations by repealing provisions which may be used to criminalise same-sex activity between consenting adults.
II. Excerpts from input reports
Compilation of UN information
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
4. Right to privacy, marriage and family life
54. The HR Committee remained concerned about the criminalization of sexual relations between consenting adults of the same sex, punishable by one to three years of imprisonment and a fine under article 88 of the current Criminal Code. Togo should bring its legislation into line with the Covenant through decriminalization, and take steps to put an end to the social stigmatization of homosexuality.
Summary of stakeholders’ information
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
4. Right to privacy, marriage, and family life
47. Joint Submission 2 (JS2) reports that article 88 of the Penal Code criminalizes and punishes impudent acts or crimes against nature with an individual of the same sex. JS2 recommends that the Human Rights Council urges Togo to bring its legislation into conformity with its commitment to equality and non-discrimination, and its international human rights obligations, by repealing all provisions which may be applied to criminalize certain sexual activity between consenting adults.
III. References to SOGI during the Working Group review
B. Interactive dialogue and responses by the State under review
38. Canada welcomed the decriminalisation of press crimes, abolishment of the death penalty, law on rape, decreased education fees, awareness-raising on sexual and reproductive health, and the establishment of the Truth, Justice and Reconciliation Commission, recently mandated to investigate into allegations of torture. Concern was expressed at domestic violence, the criminalisation of consensual sexual relations between adults of the same sex, the limited representation of minorities in civil service, the conduct of law enforcement personnel, violence against children and child abuse.
47. Australia […] urged Togo to decriminalise homosexuality.
64. [La délégation du Togo a déclaré que] le Togo n’est pas prêt à légiférer sur la question de l’homosexualité, d’autant plus que les homosexuels ne subissent aucune discrimination. Une législation pourrait par ailleurs être contre-productive au vu de l’état d’esprit de la population.
IV. Conclusions and/or recommendations
103. The recommendations below did not enjoy the support of Togo:
103.7. Amend legislation to ensure that sexual orientation and gender identity are included as prohibited grounds for discrimination (Canada);
103.8. Strengthen the measures aimed at prohibiting discrimination based on sexual orientation (Argentina);
103.9. Repeal legislation criminalising homosexuality, and introduce policies aimed at ending discrimination against homosexuals (Australia);
103.10. Consider decriminalizing sexual relations between consenting adults of the same sex (Brazil);
103.11. With respect to the situation of the rights of Lesbian, Gay, Bisexual and Transgender people, adopt policy and legislative measures to establish a specific framework for the protection against discrimination based on sexual orientation, together with the suppression of penal provisions which criminalise sexual relations between consenting adults of the same sex and; launch public awareness-raising campaigns on this issue (Spain).
V. Adoption of the Report
The report of the Working Group was adopted at the 19th session of the Human Rights Council in March 2012. There were no references to SOGI.
VI. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance : E
Addendum 1 : E
Addendum 2 : E