Togo : Between constitutional controversy and political pressure Spécial

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The anger of the opposition and civil society remains palpable after the adoption of the new constitution promulgated on May 6, 2024. This new fundamental law establishes an honorary role for the President of the Republic and confers full executive powers on the President of the Council of Ministers. The opposition sees this as a constitutional hold-up, enabling the Gnassingbé dynasty to remain in power indefinitely. Demonstrations were organized by opposition parties and civil society organizations on June 30.

In conjunction with these constitutional challenges, the formal notice issued to the French media outlet France 24 bears witness to the tightening of state repression of foreign media.

In the space of two months, two leading French media outlets, Radio France Internationale (RFI) and France 24, have been served with formal notices by Togo's Haute Autorité de l'Audiovisuel et de la Communication (HAAC). These formal notices follow accusations of disseminating false information, exacerbating tensions between the Togolese government and the international media.

Previously, on May 7, 2024, RFI received a formal notice for incorrectly reporting that a total ban on demonstrations against the Fifth Republic was in force in Togo. The HAAC quickly denied this information, pointing out that an authorized and peaceful demonstration against the Constitution had taken place on the same day. RFI was also criticized for wrongly announcing that all international media, including RFI, had been suspended from covering the legislative and regional elections on April 29.

France 24, for its part, also received a formal notice in a letter dated June 27 addressed to the Director General of France 24, for broadcasting false news and inequitable treatment of information on Togo, following the broadcast of the report entitled: "Les Maternités face au manque de personnel médical". The HAAC accused the channel of failing to respect the principles of neutrality and fairness in its treatment of information. The Togolese regulator warned France 24 that more severe measures, including a possible suspension of its broadcasting rights, could be taken if these breaches persist. These actions by the HAAC illustrate the Togolese authorities' increasing determination to control international media reporting on the country.

Finally, the arrest of a writer, activist and blogger sparked an outcry on social networks with the hashtag #JeSuisMartheFaré. As a reminder, Marthe Faré, as she is known, is in charge of Communications and Public Relations at the Agence nationale du volontariat in Togo. She was arrested and placed in police custody on June 26, 2024 following the publication on her tiktok account of a video showing a woman in distress who, according to Internet users and a lawyer at the Marseille bar, Me Mawaba Songue Balouki, is unidentifiable. The latter at the same time denounces the failings of the Togolese justice system particularly on this case, which is prosecuting Marthe Faré on the basis of article 368 of the 2015 Togolese penal code, which states: "Constitutes a violation of a person's privacy, the fact: 1) to publish or distribute private papers or recordings, a drawing, photograph, film or any other medium reproducing the image of this person without his or her consent or that of his or her beneficiaries; 2) to organize, by any means whatsoever, the interception, listening or recording of private communications, oral, optical, magnetic or other exchanges received in a private place, without the knowledge or consent of the persons in communication or the master of the premises. "