Experts of the Committee on the Rights of Persons with Disabilities Commend Togo on Revising its Social Protection Framework, Ask Questions on Infanticide and Forced Marriage of Persons with Disabilities
The Committee on the Rights of Persons with Disabilities today concluded its consideration of the initial report of Togo on its implementation of the Convention on the Rights of Persons with Disabilities. Committee Experts commended the ongoing revision of the law on the social protection of persons with disabilities, while asking questions on infanticide and forced marriage of persons with disabilities.
Gertrude Oforiwa Fefoame, Committee Chair and Country Co-Rapporteur, commended the State party for the efforts it had made to harmonise national legislation and policy with the Convention, including the ongoing revision of the law on the social protection of persons with disabilities. However, Ms. Fefoame said the continuous stigmatisation, negative stereotypes and deep-rooted cultural beliefs against persons with disabilities hindered the exercise of persons with disabilities’ rights.
Committee Experts cited disturbing reports of inhumane treatment that resulted in the loss of life of children with disabilities. Prejudices and harmful beliefs and practices were reportedly prevalent in Togo, such as tying up or shackling children with disabilities for days and abducting and murdering children with albinism. What measures existed to protect children with disabilities from abandonment? Was there an awareness raising campaign to remove stigma? How many children with disabilities had been rescued from human trafficking?
Amalia Gamio Rios, Committee Vice-Chair and Country Co-Rapporteur, asked if Togo provided legal aid for women with disabilities when there were marriage disputes. If so, what had been the outcome of these cases? What measures was the State party taking to prevent forced marriage of persons with disabilities?
Adjovi Lolonyo Apedo-Anakoma, Minister of Social Administration, Promotion of Women and Literacy and head of the delegation, said that the Children's Code prohibited all forms of discrimination and punished any person who had abandoned a child, particularly because of their disability, with penalties ranging from one to five years' imprisonment, depending on the case. The State had established minimum standards of care in institutions responsible for the care and education of vulnerable children.
The delegation added that a 2007 law punished infanticide with a sentence of 10 to 20 years imprisonment. No legal provisions allowed for anyone to deprive a child with disabilities of their life. To combat trafficking of children, including those with disabilities, Togo in 2021 had adopted an act on the creation, organisation and the running of the national commission combating trafficking in persons, which was currently operational. The Government had encouraged traditional chiefs to sign a declaration on the prevention of infanticide, mistreatment and violence against children, including those with disabilities.
The delegation said initiatives were in place to promote the status of women, including women and girls with disabilities. Provisions making the husband the head of the family had been removed, giving both spouses joint responsibility. The right of spouses not to be subjected to degrading mourning rituals had been recognised. Article 21 of the Persons and Family Code had settled the matter of consent to marriage, providing for the dissolution of such unions.
In closing remarks, Ms. Apedo-Anakoma said social inclusion and ensuring that persons with disabilities were less vulnerable were priorities for Togo. Its many strategies testified to the State’s will to promote inclusive social development, pursuing human rights centred actions. Togo would undertake deep-rooted amendments of its legislative and other frameworks to provide better protection for persons with disabilities. The comments of the Committee were essential in this process.
Ms. Gamio said it had been nearly 15 years since the Convention had come into force in the country, and persons with disabilities did not want to wait any longer for the realisation of their rights. Practices such as forcing persons with disabilities to marry or ensuring that they lost custody of their children were not acceptable. Children with disabilities should not be abandoned or subjected to ritualised abuse or infanticide. Togo needed to apply the Committee’s guidelines on deinstitutionalisation. She urged the State party to accelerate its implementation of the Convention.
The delegation of Togo included representatives of the Ministry of Social Administration, Promotion of Women and Literacy; Ministry of Social Welfare, Promotion of Women and Literacy; Minister of Human Rights, Citizenship Training, Relations with the Institutions of the Republic; Ministry of the Armed Forces; Ministry of Primary, Secondary, Technical and Crafts Education; Ministry of Public Service, Labour and Social Dialogue; the Permanent Mission of Togo to the United Nations Office and other international organisations in Geneva.
All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.
The Committee will next meet in public at 5 p.m., Friday 24 March to close its twenty-eighth session.
Report
The Committee has before it the initial report of Togo (CRPD/C/TGO/1).
Presentation of Report
ADJOVI LOLONYO APEDO-ANAKOMA, Minister of Social Administration, Promotion of Women and Literacy and head of the delegation, said that since Togo's ratification of the Convention on 1 March 2011, the Government had resolutely committed to implement legal, institutional and technical measures to promote the rights of persons with disabilities. Despite progress made, there was still a long way to go, and the country was willing to receive guidance from the Committee.
Equality and non-discrimination were guaranteed, including in the field of disability, by Togo’s Constitution, legislation and institutions. The new Criminal Code punished discrimination in all its forms, including discrimination based on disability. These principles were also addressed by article five of the Children's Code and article six of Act 2004-005 on the social protection of persons with disabilities. Togo had embarked on a process of reviewing its legislation to harmonise it with the Convention.
To provide access to justice to persons with disabilities, the Government had established the Directorate for Access to Laws and Justice. Legal aid was also provided to vulnerable detainees, including persons with disabilities. Judges, law enforcement and judicial personnel were trained on the Convention. Administrative and judicial remedies and the right to reparation were provided for women and girls with disabilities victims of discrimination. The new Persons and Family Code contained provisions aimed at eliminating discrimination based on disability and provided for all the right to marriage, access to inheritance and the right of spouses not to be subjected to degrading mourning rituals.
Special measures had been taken to protect children with disabilities. The Children's Code prohibited all forms of discrimination and punished any person who had abandoned a child, particularly because of their disability, with penalties ranging from one to five years' imprisonment, depending on the case. The State had established minimum standards of care in institutions responsible for the care and education of vulnerable children.
The Government attached particular importance to accessibility to public and private infrastructure, goods and services. Addressing access to classrooms for students with reduced mobility, the public authorities included accessibility provisions in tender calls for public works construction contracts. In addition, a policy of installing visual and sound systems in elevators had been put in place. In 2014, as part of the State’s disaster preparedness strategy, one hundred tricycles were purchased and distributed to people with disabilities in high-risk areas. Various social assistance was granted to persons with disabilities. Since 2012, nearly 350 wheelchairs and tricycles had been distributed per year to people with disabilities in poverty.
To encourage birth registrations, the Government had made registration within 45 days after childbirth free of charge from 1 January 2022. From 2012 to 2014, 150 young people with disabilities were provided with birth certificates. All televised news programmes were interpreted live in sign language. Training modules in braille and sign language had been introduced in teacher training colleges.
Since 2013, the education sector plan had integrated inclusive education into teacher training curricula. The Government granted an annual subsidy to twenty-seven centres educating children with disabilities. Since 1997, the Government had implemented the National Policy for the Rehabilitation of Persons with Disabilities. Recruitment in Togo was non-discriminatory. To promote the empowerment of people with disabilities, the Government has included disability in its priority actions within the Togo 2025 Government Roadmap. Measures had been taken to guarantee access to cultural life and physical and sports activities for persons with disabilities.
To ensure the State party’s actions were in line with the Convention, a national committee for follow-up for inclusion had been set up. The Government was also working to strengthen the capacities of the National Institute of Statistics and the Economic Institute, aiming to improve statistics to inform the development and implementation of public policies.
Questions and Statements by Committee Experts
GERTRUDE OFORIWA FEFOAME, Committee Chair and Country Co-Rapporteur, commended the State party for the efforts it had made to harmonise national legislation and policy with the Convention, including the ongoing revision of the law on the social protection of persons with disabilities. She also commended that Law 2009-007 of 15 May 2007 on the Public Health Code had incorporated the definition of disability as contained in the Convention. Further, the initial report was prepared in a process of broad national consultations, which included organisations of persons with disabilities.
The Committee was concerned about the narrow concept of disability used in the State party, particularly Article 1 of Act No. 2004-005 which was based on the medical approach to disability. The State party did not provide any clear timelines for the adoption of the revised bill on the promotion and protection of the rights of persons with disabilities, which had been delayed. The Committee was also concerned about the limited effectiveness of the national committee set up to monitor the implementation of the Convention, including the lack of coordination of this Committee with representative organisations of persons with disabilities. Despite several recommendations by representative organisations of persons with disabilities to designate an independent monitoring mechanism, this had still not taken place. The continuous stigmatisation, negative stereotypes and deep-rooted cultural beliefs against persons with disabilities hindered the exercise of their rights, and sometimes resulted in children with disabilities being killed or abandoned by their parents.
The Committee had received information that seclusion, physical and medical restraints and other forms of ill treatment, including shackling, occurred in family and religious settings, and in psychiatric institutions. Article six of Act 2004-005 deprived persons with disabilities, particularly persons with psychosocial and intellectual disabilities, of their legal capacity and placed them under a guardianship regime. The State party was yet to adopt a policy for implementing inclusive education and there was a lack of sufficient educational opportunities in schools. Children who had visual, auditory or intellectual disabilities, especially girls with disabilities, did not have opportunities to learn.
To date, the State had not established a comprehensive social protection scheme that guaranteed income security and covered disability related costs. As a result, many persons with disabilities were excluded from ongoing social protection programmes, including the cash transfer programme, which remained in a pilot phase.
A Committee Expert asked how the State party considered amending the Constitution to explicitly guarantee equality and non-discrimination regardless of disability status. In the report, the Togo Government had expressed that where necessary, children born to a woman with a mental disability or multiple disabilities whose relatives could not be identified might be removed from her care. Could the delegation provide information about its policies and programmes that could assist women with a mental disability or multiple disabilities to give birth and raise their children safely? Could the delegation provide information also on future legislative plans for inclusion in the Personal and Family Code to prevent violence against women with disabilities by the Togolese Government?
Another Committee Expert asked how the State party could promote equality between men and women. What measures had been taken to prevent discriminatory practices against persons with disabilities, despite the related legal arsenal? To what extent was the refusal to provide reasonable accommodation deemed to be disability-based discrimination? What instruments did the State party have in place to protect women with disabilities from violence? Was the Government ready to abolish text and practices compromising the enjoyment of rights of persons with disabilities?
GERTRUDE OFORIWA FEFOAME, Committee Chair and Country Co-Rapporteur, said article 305 of the Criminal Code provided for criminal liability for discrimination in employment, including on the grounds of disability. How many prosecutions and other enforcement actions had been taken in relation to this legislation since its introduction? Could the delegation provide information on intended efforts to revise the 2011 Togo National Gender Equity and Equality Policy and the 2019-2028 Togo National Gender Equity and Equality Strategy so that the specific needs of women and girls with disabilities were considered? What policies and programmes were in place to prevent discrimination and stigmatisation of children with disabilities, including those in rural areas and to ensure they were consulted on all matters concerning them?
ROSEMARY KAYESS, Committee Vice-Chair, asked about the definition of discrimination against persons with disabilities. The Committee had received disturbing reports of inhumane treatment that resulted in the loss of life of children and adults with disabilities, in particular those with intellectual disabilities, those with psychosocial disabilities and those with albinism. The Committee understood that prejudices and harmful beliefs and practices were prevalent in Togo, such as considering people with disabilities as evil sorcerers, tying up or shackling children with disabilities for days, abducting and murdering children with albinism, neglecting people with disabilities and not providing appropriate health care, all of which compromised the right to life of persons with disabilities. Awareness raising activities about the rights of people with disabilities were largely conducted at the initiative of organisations of people with disabilities and their partners. Did Togo have any mechanism to receive and investigate reports of deaths of persons with disabilities, to sanction and punish perpetrators and to provide reparations to victims and their families? Were there any plans to resource and implement a national community awareness raising strategy coordinated with organisations of persons with disabilities to counter prejudices and harmful beliefs and practices, and to increase the skills and availability of health care personnel to respond to the health needs of persons with disabilities?
AMALIA GAMIO RIOS, Committee Vice-Chair and Country Co-Rapporteur, asked about the State party’s Law 2005-05, which had been under review for seven years. Had the law been adopted? How many women with disabilities had been elected to political bodies? How many complaints regarding discrimination had been submitted and dealt with? Had compensation been offered?
A Committee Expert asked about mechanisms available in Togo to ensure meaningful consultation with persons with disabilities through their organisations in the development, implementation of laws affecting them. What financial resources were available to ensure the effective participation and consultation of organisations of persons with disabilities? How was Togo assisting persons with intellectual disabilities to establish their own organisations? What measures had been taken to raise awareness throughout society regarding the Convention and the rights of persons with disabilities? How effective were such measures, and were organisations of persons with disabilities involved in their design and delivery? Were there awareness raising efforts directed at professionals working for Government, media and in the education, health and judicial systems?
VIVIAN FERNÁNDEZ DE TORRIJOS, Committee Rapporteur, asked what measures were in place to ensure children with disabilities could express themselves and be heard? What measures existed to protect them from abandonment, including by providing support to their families? Was there an awareness raising campaign directed at families to remove stigma attached to disability?
A Committee Expert asked what measures were being put in place to ensure that accessible transportation and infrastructure was provided for persons with disabilities. The most recent World Health Organization and United Nations Children's Fund report on assistive technology for persons with disabilities showed major disparities between developed and developing countries in terms of access to assistive technologies. What measures were being put in place to ensure that assistive technologies were provided for persons with disabilities?
Another Committee Expert asked about steps the State party was taking to harmonise all laws with the Convention, including adopting a human rights-based approach and moving away from the medical model. Could the delegation inform about plans to implement measures for inclusion of persons with disabilities introduced in the high-level meeting in 2022 on Togo's development agenda? Government statistics showed that 13,282 children with disabilities were identified as being at risk of dropping out because their low-income parents could not afford high education costs. What was being done to improve this situation? What measures were being taken to promote awareness of the capabilities and contributions of persons with disabilities?
Another Committee Expert said new infrastructure in Lomé failed to consider accessibility and that sign language on television was insufficient. What strategies had been adopted to ensure that persons with disabilities had access to technology and information in accessible formats? What provisions had been implemented to discourage ill-treatment and abuse in communities and families?
Another Committee Expert said legislation justified different forms of discrimination against persons with disabilities. There were two different definitions of disability, one in the social protection law which was based on the medical model and one derived from the Convention in the Public Health Code. Which definition was applied in different contexts?
A Committee Expert asked when the new draft law on persons with disabilities was expected to replace the social welfare law of 2004. Accessibility remained a major barrier to full participation of persons with disabilities on equal basis with others. What plans were in place to enforce accessibility as a condition to procurement in all Government projects?
ODELIA FITOUSSI, Committee Vice-Chair, asked what measures the State party was taking to ensure full implementation of existing accessibility policies in all areas, including transportation and physical infrastructure.
Responses by the Delegation
The delegation said Togo had not finalised the review of its national legislation, which would consider the definition of disability as set out in the Convention. However, its policies and interventions for persons with disabilities were aligned with the Convention’s definition of disability. The preliminary draft bill on the protection of the right of persons with disabilities considered the issues of accessibility, education and health of persons with disabilities.
Togo was undergoing a process to improve its protection of human rights. It was party to all main international instruments, and it had integrated most of their provisions into its legal framework. These instruments contributed to protecting persons with disabilities and all citizens. Reforms were underway to mainstream the provisions of a range of these interventions into domestic legislation. Togo had several laws to promote human rights. These included Law 2020 regarding biometric identification of physical persons in Togo. Identification measures allowed the State to implement policies that targeted certain parts of the population, including persons with disabilities. These measures also allowed the State to set up new social services, such as universal health insurance and a single registration system, among others. A law regarding the composition, organisation and operation of Togo’s National Human Rights Commission and the national preventive mechanism against torture established the key principles of social protection. Another law addressed accessibility for persons with reduced mobility.
To implement commitments stemming from the ratification of the Convention, Togo had established various institutions, including the Ministry for Social Action, which promoted advancement of women and literacy. Within this Ministry, there was a directorate for the protection of persons with disabilities. Togo also had a national school for medical auxiliaries, with departments on kinesitherapy, orthopaedic and speech therapy. Togo had national and regional centres for orthopaedic rehabilitation. Training schools for social workers and a monitoring committee for the inclusion of persons with disabilities were also in place. Some other related private structures and institutions were receiving funds from the State.
Equality and non-discrimination were principles guaranteed in the Constitution. The new Criminal Code repressed discrimination and promoted the exercise of human rights and fundamental freedoms in all fields of life. It also established criminal liability for discrimination. Any discriminatory act was punishable by six months to two years imprisonment and/or fines. Any discrimination, direct or indirect, in terms of employment was prohibited, include restricting access to vocational training. These and other legal frameworks considered the principle of equality.
All workers had the right to social protection, including through the social welfare fund and the pension fund. The national medical insurance institute oversaw the social protection of civil servants. Health coverage was universal. Those who felt that they were subject to discrimination could file complaints. Sanctions were foreseen for discrimination in the workplace.
A policy for the empowerment of women was a priority for the Government. Initiatives were in place to promote the status of women, including women and girls with disabilities. To combat discrimination against this group, administrative and legal provisions and reparation had been extended to women and girls who had been victims of discrimination due to disability. They would benefit from administrative, legal and judicial assistance in settling any marital disputes. In the same vein, the new Persons and Family Code had provisions to eliminate all discrimination based on disability. Provisions making the husband the head of the family had been removed, giving both spouses joint responsibility. The Electoral Code also provided for gender parity on the electoral list. In education, the draft law on improving equity in early education provided for training of community leaders on the challenges that young girls with disabilities faced. The project school material, menstrual hygiene kits and other support for girls, including those living with disabilities.
Togo had implemented special measures to protect children with disabilities. In 1990, it ratified the Convention on the Rights of the Child and in 1992 the African Charter on the Rights and Welfare of the Child. The Children’s Code prohibited all forms of discrimination and punished all persons who abandoned children due to disability. Prison sentences of one to five years could be handed down for such acts, depending on the case. Minimum standards had been introduced for institutions in charge of taking care of vulnerable children, including those living with disabilities. Togo ensured these standards were met and imposed sanctions for non-compliance. Children with mental of physical disabilities had the right to receive special care in line with their needs in conditions that guaranteed their dignity and fostered their independence and participation. The State had an awareness raising campaign promoting the issuance of birth certificates with the participation of organisations of persons with disabilities.
To combat trafficking of children, including those with disabilities, Togo in 2021 had adopted an act on the creation, organisation and the running of the national commission combating trafficking in persons, which was currently operational. The Government had encouraged traditional chiefs to sign a declaration on the prevention of infanticide, mistreatment and violence against children, including those with disabilities. The guarantors of customs had taken the decision to protect children against all harmful traditional and socio-cultural practices.
Institutional mechanisms aimed to increase awareness work with different stakeholders, such as State actors and civil society organisations, promoting the provision of information on all matters related to disability. In Centrale Region, there was a directorate for persons with disabilities and the defence of their rights. It ensured the coordination of all activities related to awareness raising and education of communities and different social groups. International days for persons with disabilities were often commemorated. The Government gave annual subsides to the Togolese federation of association of persons with disabilities.
The State provided public officials with disabilities with adaptive mobility devices. It also encouraged schools to include provisions of accessibility in all tenders and to progressively install audio and visual signals in all lifts. The health system was also being renovated though an order considering the protection of persons with disabilities. Buildings needed to be equipped with ramps and lifts. The Government had called on education institutions to ensure that children with albinism had access to schooling.
Questions by Committee Experts
GERTRUDE OFORIWA FEFOAME, Committee Chair, said disability was not recorded in the biometric identification system. How would the data on persons with disabilities be captured to inform Government decisions and policies?
A Committee Expert asked about steps taken to replace the guardianship regime with a supported decision-making regime. Was there training for persons working in the justice system in Togo about the legal capacity of persons with disabilities and supported decision making? How many persons with disabilities were living in institutions? Could the delegation inform on plans and timeframes to deinstitutionalise those persons? Was the right to live independently and being included in the community expressly recognised by law in Togo? Was sufficient budget being allocated to ensure that personal assistance and community-based services promoted independent living?
Another Committee Expert asked about physical and judicial measures taken by administrative and legal authorities to increase access to justice for persons with disabilities.
ROSEMARY KAYESS, Committee Vice-Chair, asked if Togo had an overarching legislative and policy framework for refugees, migrants and internally displaced persons, including those with disabilities, that included safety and protection measures. Did the framework allow for access to identification documents, support aids and equipment and essential services, including healthcare and disability support services?
A Committee Expert asked if the State party had set up a risk-management strategy considering the needs of persons with disabilities. Did the State provide training on mobility for persons with disabilities and specialists working with them?
Another Committee Expert asked whether State had a strategy for implementing comprehensive legislative reforms to eliminate all discriminatory provisions and comply with the Convention and the basic principles of human rights.
AMALIA GAMIO RIOS, Committee Vice-Chair and Country Co-Rapporteur, asked why persons with disabilities were not included in the State party’s COVID-19 pandemic response plan? Did the State party provide legal aid for women with disabilities when there were marriage disputes and if so, what had been the outcome of these cases? Were there monitoring mechanisms in psychiatric centres to prevent violence? When would the State party eliminate the discriminatory provision addressing the possibility of children being removed from mothers with mental or multiple disabilities? Did the State party have statistics on how many children with disabilities had been rescued from human trafficking? Forced sterilisation, in particular of women with intellectual or psychosocial disabilities, was not authorised under any law. Was there a monitoring or oversight mechanism?
A Committee Expert asked whether there were effective legislative, administrative, judicial, or other measures in place to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment. What efforts had the State made to educate camp leaders and religious institutions on diversity?
Another Committee Expert asked what actions had been taken to support persons with disabilities to respond to early warnings regarding humanitarian emergencies. Did the State party have databases of the number of persons with disabilities and their classification in villages besides the capital? What facilities had the State party provided to aid the mobility of persons with disabilities in public transportation?
One Committee Expert asked about mechanisms in place to protect children with disabilities in schools.
A Committee Expert asked what plans were in place for the removal of taxes on assistive devices and raw materials used to produce them to make such devices affordable for those who needed them.
GERTRUDE OFORIWA FEFOAME, Committee Chair, asked about the concrete measures taken to prevent, prohibit and prosecute all forms of corporal punishment, exploitation, violence and abuse, including domestic violence, sexual violence, violence in schools, and neglect of persons with disabilities, in particular of women and girls with disabilities and persons with disabilities living in street situations, and to ensure access to reporting mechanisms and social reintegration services. Could the State party indicate the measures in place to establish community-based support services; combat isolation, marginalisation, exclusion and segregation of persons with disabilities; and scale up the economic and social standards of living for persons with disabilities to enable them to live independently in the community?
Responses by the Delegation
ADJOVI LOLONYO APEDO-ANAKOMA, Minister of Social Administration, Promotion of Women and Literacy and head of the delegation, said the Government had taken steps to gather data on disability as part of the general population census, but specific figures were not available yet.
The right to life was guaranteed by the Constitution. No person could be arbitrarily denied of their freedoms or life. Offences such as murder or administering substances harmful to the health were punished. The 2004 law on social protection of persons with disabilities specified that a person with disabilities had a right to life and personal development, just as any other person did. A 2007 law punished infanticide with a sentence of 10 to 20 years imprisonment. No legal provisions allowed for anyone to deprive a child with disabilities of their life. Togo had become abolitionist in 2009, with the removal of the death sentence from the Criminal Code.
In the case of emergency and high-risk situations, vulnerable groups and in particular persons with disabilities would be first to benefit from assistance provisions. Following a national contingency plan, the Government worked in synergy with all organisations proving support and rescue. Before each rainy season, those living in flood-prone areas across the country were informed about provisions to take before the arrival of the rain.
All concerned parties, including judges, were brought together to facilitate assisted decision making, considering the Convention. Every person had a right to be heard and have a fair trial within a reasonable time before an independent court. Legal assistance was provided to vulnerable defenders, including persons with disabilities. The Government was working to better inform judges on persons with disabilities, and to offer persons with disabilities procedural accommodation. It had created an office and guide supporting access to justice. The Ministry of Justice had established in all courts a children’s judge to consider the specific needs of children. The guardianship system was exceptional for persons with disabilities, and was left at the discretion of the judge.
The Penal Code prohibited any physical or moral attack against the integrity of any person. This included forced sterilisation, particularly for women with disabilities. Any person that practised any such act would be liable to criminal prosecution. Measures had been taken to counter gender-based violence, including a specific hotline and support units for victims. Women and girls, including those with disabilities, had access to family planning services.
Biometric data processing allowed for better targeting of persons with disabilities to ensure they could benefit from social inclusion. Each person in Togo was given a unique identification number. A QR code was then issued on a card, allowing for authentication. Through this national identification system, the Government aimed to increase transparency and ensure the provision of public services. It allowed the State party to build a social register of individuals and households.
A provision stating that no person could be a candidate for the Presidency of the Republic if they did not demonstrate good physical and mental health had been criticised as being discriminatory against persons with disabilities. However, this provision applied to all persons, not just persons with disabilities. It aimed at assessing the fitness of candidates to exercise the functions of the Presidency.
ADJOVI LOLONYO APEDO-ANAKOMA, Minister of Social Administration, Promotion of Women and Literacy and head of the delegation, said the State party was not aware of the civil society study on violence against pupils. In 2022, Togo had voted on a law to protect all persons, including children against sexual violence in schools. A hotline had been established for children to report any forms of violence.
Questions by Committee Experts
GERTRUDE OFORIWA FEFOAME, Committee Chair and Country Co-Rapporteur, asked about the services provided to support families with parents or children who had disabilities. The percentage of children with disabilities attending schools was very low and many of them engaged in begging. What measures had the State taken to support every child with disabilities to study in schools together with other children? What professional training did teachers receive?
A Committee Expert asked about access to sexual and reproductive healthcare. Women with disabilities were not able to obtain sexual and reproductive rights because there was no adapted medical equipment for women with disabilities and a lack of training for medical and health care staff, including regarding routine procedures such as births. What measure were in place to ensure women with disabilities could receive sexual and reproductive healthcare, including maternal healthcare?
Another Committee Expert asked if, now that pandemic response measures had been relaxed, civil society organisations were allowed to visit institutions and report about potential violence?
AMALIA GAMIO RIOS, Committee Vice-Chair and Country Co-Rapporteur, asked what measures the State party was taking to prevent forced marriage of persons with disabilities? How many such marriages had there been? How many families had adopted children with disabilities? Did persons with disabilities have access to healthcare insurance?
A Committee Expert asked what measures were in place to guarantee reasonable accommodation at all levels of the education system? Were there persons with disabilities in Togo that were involved in representational politics? If yes, what was their relationship with the community of persons with disabilities and what role did they play in advancing the disability agenda?
Another Committee Expert asked what measures had been taken regarding persons or institutions who violated their professional secrecy relating to persons with disabilities. What were the actual operations of the national committee for the implementation of the Convention? How did persons with disabilities and their organisations participate in it? Why was an independent follow-up mechanism taking a long time to be established?
A Committee Expert asked about measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships. How did the State party protect the rights of persons with disabilities to decide freely and responsibly on the number and spacing of their children and to have access to age-appropriate information?
Another Committee Expert asked about the National Human Rights Commission’s role and the role of persons with disabilities in it. What measures could be taken to ban discrimination based on disability in hiring and dismissal?
A Committee Expert asked what the quotas were in public and public sectors for employment of persons with disabilities? What was the number of employees with disabilities in the public sector?
GERTRUDE OFORIWA FEFOAME, Committee Chair and Country Co-Rapporteur, said that companies providing Youth Economic Initiatives Support Fund microfinancing reportedly sometimes negotiated with family members without the presence of the person with disability due to receive the funding. This, coupled with high interest rates and business failures, had resulted in many people with disabilities being indebted to microfinance companies and being sued by those companies. What steps were being taken to immediately cancel all debts, explicitly require persons with disabilities to be present for all negotiations, reduce interest rates, and provide technical support to ensure their businesses thrived?
A Committee Expert asked about political training for persons with disabilities. Did the State party have specific measures to promote persons with disabilities’ access to decision making positions?
Responses by the Delegation
The delegation said freedom of expression was enshrined in the Constitution. Access to information was also guaranteed by law, and the State allowed for learning of sign language. There was no standing systematic mechanism for this, but actions were being taken to ensure access. The right of the respect for private life was governed by article 28 of the Constitution. Article 21 of the Persons and Family Code had settled the matter of consent to marriage, providing for the dissolution of such unions. A program was in place to reduce maternal mortality.
There were persons with disabilities holding high positions such as directors and leaders, both in the public and private sector. Persons with disabilities benefitted from social protection, the insurance system, and the pension fund or the social security service. The national health insurance system protected workers’ and their rights in case of illness. Togo had a law on universal health insurance and the system would be gradually broadened to cover the entirety of the Togolese people. No provision allowed for firing an employee on the grounds of disability, which would lead to sanctions.
There were elected officials who had disabilities, including the deputy of the national assembly and five municipal councillors, two of whom were mayors. There was no limitation to the participation of persons with disabilities in political life. In the last election, a person with disabilities was elected to the National Human Rights Commission, as part of the national office of persons living with albinism. Unfortunately, he had lost his life in an accident. The Commission’s activity reports were periodically published. The Commission decided whether to publish inquiries or allegations and forward them to the State office in question. Togo had taken steps towards the ratification of the African Charter on Human and Peoples' Rights, aiming to improve its legal arsenal to protect persons with disabilities.
Closing Statements
ADJOVI LOLONYO APEDO-ANAKOMA, Minister of Social Administration, Promotion of Women and Literacy and head of the delegation, thanked all members of the Committee for the fruitful exchange and members of national and international civil society for their contributions. Social inclusion and ensuring that persons with disabilities were less vulnerable were priorities for Togo. Togo’s many strategies testified to the State’s will to promote inclusive social development, pursuing human rights centred actions. Protecting human rights required long-term collaboration with different stakeholders. The State party reaffirmed its commitment to implementing the Convention. Togo would undertake deep-rooted amendments of its legislative and other frameworks to provide better protection for persons with disabilities and abide by international rules in this area. The comments of the Committee were essential in this process.
AMALIA GAMIO RIOS, Committee Vice-Chair and Country Co-Rapporteur, commended the efforts made by the State party for persons with disabilities. The ongoing medicalised and assistance-based approach to disability made it very difficult for the State party to truly make the rights enshrined in the Convention a reality. There had to be close consultation with persons with disabilities. It had been nearly 15 years since the Convention had come into force in the country, and persons with disabilities did not want to wait any longer for the realisation of their rights. Women and girls with disabilities lacked empowerment, continued to be considered second class citizens and faced all forms of violence. Laws on gender were not mainstreamed and did not have with a disability component. Better work in promoting employment and preventing violence was needed.
Practices such as forcing persons with disabilities to marry or ensuring that they lost custody of their children were no acceptable. The Government had to give them support so they could care for their children. There had to be access to sexual and reproductive rights for women and girls with disabilities. Children with disabilities needed to be taken into consideration and have their opinions heard on matters related to them. They should not be abandoned or subjected to ritualised abuse or infanticide. Information, communication and infrastructure needed to be accessible.
Classifying persons with intellectual or psychosocial disabilities as dangerous and only fit for an institution was highly discriminatory. In these institutions, they were subjected to cruel, inhuman and degrading treatment. The Committee’s guidelines on deinstitutionalisation needed to be applied by Togo. There also needed to be financing to support deinstitutionalisation and assisted life in the community. Mechanisms to prevent torture needed to address what was happening in psychiatric hospitals by investigating abuses, prosecuting perpetrators and practising restorative justice. Ms. Gamio Rios expressed hoped that after this dialogue, Togo would find new strength to properly implement the Convention and ensure its laws and programmes were aligned with it. The Committee urged the State party to accelerate its actions.
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CRPD23.008E