| For a summary of Togo’s review at the first cycle please click here. |
26th UPR session
Date of review: 31 October 2016
Date of report adoption: 30 December 2016
Document number: A/HRC/34/4
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SUMMARY SOGIESC issues during Togo’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
32. AI noted that the revised Criminal Code increases penalties against consensual same-sex sexual relations and that LGBTI persons face harassment and arbitrary detention by the security forces on the basis of their sexual orientation. JS1 and AFPT also noted that LGBTI persons experience discrimination. JS1 recommended that legislation be amended to include sexual orientation and gender identity as prohibited grounds of discrimination and that consideration be given to the decriminalization of sexual relations between consenting adults of the same sex. AFPT and JS1 made similar recommendations.
Freedom of expression, association and peaceful assembly, and right to participate in public and political life
68. According to JS5, pursuant to article 3 of the 1901 law on the contract of associations, the legal registration of an association can be denied if their objectives are deemed to contravene “morality”. Such overbroad provisions allow for excessive discretion. LGBTI organizations cannot be formed or exist and are subjected to institutional discrimination, as article 392 of the 2015 Criminal Code criminalizes “an indecent act or an act against nature committed with an individual of the same sex”.
Right to health
78. JS1 welcomed the progress made in terms of the right to health, in particular the consideration given to men who have sex with men in the response to HIV/AIDS.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
27. The Special Rapporteur [on human rights defenders] noted that same-sex relations between consenting adults were a criminal offence punishable by imprisonment and a fine. He also noted that the working environment for defenders of the rights of lesbian, gay, bisexual, transgender and intersex persons was often hostile owing not only to pressure from society and families but also the existing legal framework.
Freedom of expression, association and peaceful assembly and right to participate in public and political life
64. The Special Rapporteur noted that the environment in which human rights defenders worked in Togo continued to be highly polarized and politicized. She recommended that Togo ensure that human rights defenders could work in a safe and enabling environment, in particular women and those working for the rights of lesbian, gay, bisexual, transgender and intersex persons, by removing obstacles to their work and amending relevant legislation.
IV. References to SOGIESC issues during the Working Group review
60. Mexico noted the adoption of the law amending the definition of torture to bring it into line with the Convention against Torture. It was concerned about discrimination based on sexual orientation and gender identity. […]
84. The Netherlands noted the restrictions on the right to peaceful assembly, especially for women and persons advocating for the rights of lesbian, gay, bisexual, transgender and intersex persons, and the excessive use of force on demonstrators. […]
96. Slovenia […] was concerned that birth registration was still not universal, that consensual same-sex sexual conduct was criminalized and that violence against women remained a problem.
99. Spain welcomed the new Criminal Code that criminalizes female genital mutilation, while expressing concern that Togo continued to criminalize sexual relations between consenting adults of the same sex. […]
125. Belgium welcomed the criminalization of torture while expressing concerns about impunity in relation to the excessive use of force by armed forces, the lack of a law on violence against women and the criminalization of sexual relations between consenting adults of the same sex.
V. Conclusions and/or recommendations
Togo noted the following recommendations:
131.8 Decriminalize sexual relations between consenting adults of the same sex (Australia);
131.9 Strengthen the laws to ensure that sexual orientation and gender identity are included among the grounds for prohibition of discrimination in order to prevent impunity in acts of discrimination based on those grounds (Chile);
131.10 Repeal provisions of the Criminal Code, which criminalize sexual conduct between persons of the same sex (Mexico);
131.11 Repeal legal provisions that criminalize lesbian, gay, bisexual, transgender and intersex persons, in accordance with the principle of nondiscrimination (France);
131.12 Adopt and implement legislation prohibiting discrimination on the basis of sexual orientation and gender identity, including by decriminalizing consensual same-sex sexual conduct (Slovenia);
131.13 Decriminalize sexual relations between consenting adults of the same sex (Spain);
131.14 Protect, respect and make a reality human rights for all people, regardless of their sexual orientation or their gender expression or identity (Uruguay);
131.15 Investigate all allegations of attacks and arbitrary detention of lesbian, gay, bisexual, transgender and intersex persons and bring the perpetrators to justice (Uruguay);
131.16 Adopt the additional necessary measures to guarantee the full enjoyment of human rights of vulnerable groups subjected to discrimination, such as lesbian, gay, bisexual, transgender and intersex people, including investigation and punishment of cases of discrimination and the repeal of laws that criminalize and stigmatize (Argentina);
131.17 Repeal the provisions of the Penal Code that criminalize sex between consenting people of the same sex and incitement to sexual relations between consenting people of the same sex (Belgium);
131.18 Fully align national criminal laws with international human rights obligations, especially in relation to the criminalization of same-sex relations (Brazil);
131.19 Ensure a safe working environment for human rights defenders, by modifying the legislation that allows the denial of legal registration of organizations specialized in reproductive and sexual rights of women as well as associations defending the rights of lesbian, gay, bisexual, transgender and intersex persons (Canada).
VI. Further information
You will find all documents relating to Togo’s second review at UPR-Info and OHCHR’s websites.