CAT/C/TGO/CO/3
regular and unannounced visits to all places of deprivation of liberty. It takes note of the
appointment of new multidisciplinary members of the Commission, their recent assumption
of office on 25 April 2019 and the visits so far conducted, and welcomes the objective
criteria and independent status enshrined in article 8 of Organic Act No. 2018-006.
However, it is concerned about the perceived lack of effective independence of some of the
current members of the Commission, specifically those who also work as civil servants.
The Committee is also concerned that the Commission’s budget has not been increased in
line with the new responsibilities it has taken on as the national preventive mechanism, and
that its annual budgetary allocation is provided in the form of a grant, which is negotiated
on a yearly basis and is therefore unpredictable, all of which raises questions as to the
Commission’s managerial autonomy, effective independence and ability to carry out its
mandate as the national preventive mechanism (art. 2).
29.
The Committee urges the State party to ensure that the members of the
National Human Rights Commission are fully independent, both from a personal and
institutional standpoint, and to provide the Commission with adequate and
predictable financial, human and material resources to enable it fully to perform its
duties as a national institution and as the national preventive mechanism in an
independent, impartial and effective manner.
Violence against women and girls
30.
While it welcomes the provisions set out in the new Criminal Code, whose articles
212 and 232 define, criminalize and sanction gender-based violence, including domestic
violence and marital rape, and further welcomes the adoption of the Personal and Family
Code, the implementation of a national strategy to combat gender-based violence in 2012
and the implementation of numerous awareness-raising campaigns, the Committee regrets
that, in practice, many Togolese women continue to be victims of violence. Women
continue to be subjected to forced and early marriages and the practice of female genital
mutilation, which has continued despite the adoption of Act No. 98-016 of 17 November
1998 prohibiting female genital mutilation in Togo and the extensive efforts made to raise
awareness in this regard. While it thanks the State party for having provided statistics on
the convictions secured between 2016 and 2019, the Committee regrets that these data have
not been disaggregated by age, ethnic origin, nationality, region, type of complaint and
sentencing court, in such a way as to make it possible to identify the root causes of such
violence and to design strategies to prevent and limit it (arts. 2 and 16).
31.
The State party should:
(a)
Ensure the effective implementation of the provisions of the Criminal
Code sanctioning gender-based violence and thoroughly investigate all cases of such
violence to ensure that the perpetrators are prosecuted and duly punished and that
victims obtain redress;
(b)
Organize mandatory training on the prosecution of acts of sexual and
gender-based violence for all law enforcement and judicial officers and pursue
existing awareness-raising campaigns;
(c)
Ensure that all victims of gender-based violence have access to shelters
and receive the necessary medical care, psychological support and legal assistance;
(d)
Continue efforts to eliminate female genital mutilation.
Violence against children
32.
With reference to its previous concluding observations, the Committee is concerned
that, in spite of articles 353–356 and 376 of the Children’s Code, which criminalize the
corporal punishment of children in all settings and contexts, many children continue to be
victims of multiple forms of abuse on a daily basis and are exposed to various harmful
practices, such as forced and early marriage, or face accusations of witchcraft. Taking note
of the recent findings of the Special Rapporteur on contemporary forms of slavery,
including its causes and consequences, on her visit to Togo from 27 to 31 May 2019, the
Committee is deeply concerned about the exploitation of children, with many children
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