Dialogue inter-togolais: accord cadre de Lomé

Export agreement:

Export agreement coding (PDF)

Country/entity: Togo
Region: Africa (excl MENA)
Agreement name: Dialogue inter-togolais: accord cadre de Lomé
Date: 27 Sep 1999
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Togolese Conflicts (1946 - )
Since gaining its independence from France in 1960, Togo was ruled by various authoritarian regimes that at times harshly suppressed any political opposition. Although opposition parties were legalised and a democratic constitution introduced in the early 1990s, election tampering and the suppression of opposition under the rule of the military commander Gnassingbe Eyadema remained common. Protests over rigged elections lead to the killing of hundreds in 1998, resulting in several internationally backed mediation efforts. After Gnassingbe Eyadema died after 38 years of rule in 2005, his son Faure Gnassingbe took over and re-won the presidency in questionably free elections shortly thereafter.
Stage: Framework/substantive - partial
Conflict nature: Government
Peace process: Togo peace process
Parties: For the Presidential Office:
the Gathering of the Togolese People (RPT)
the Convention of the New Forces (CFN)

Professor Fambaré Ouattara Natchaba,
RPT member of the Political Bureau

For the Committee of Action for Renewal (CAR)
Yawovi Agboyibo, National President

For Convention African Peoples Democratic (FDC)
Mr. Leopold Gnininvi, Secretary General

For Party for Democracy and Renewal (PDR)
Monseiur Zarifou Ayeva, President

For the Union of Forces for Change (UFC)
Mr. Emmanuel Akitani Bob, First Vice President

For the Togolese Union for Democracy (UTD)
the Party of the pure-Action on Development (PAD)
Democratic party pure Unite (PDU)
the Union for the Democracy and Solidarity (UDS)
Mr. Edem Kodjo, President
Third parties: The Facilitators;
For the EU, Georg Reisch,
For the International Organization of Francophonie, Moustapha Niasse,
For the Republic of France, Bernard Stasi,
For the Republic of Germany, Paul von Stulpnagel,
Description: Following the political crises in Togo the EU, France, Germany, and the international organisation of Francophonie were asked to facilitate an inter-Togolese dialogue which started on July 19, 1999 in Lomé. The different parties agreed the agenda and presented their viewpoints and proposals. The facilitators drafted a summary of the debates and a list of the points on which agreement was found. The participants express the wish to see the facilitators be part of the following stages and help Togo democratise. Content of the negotiation: The first objective of the negotiation is to create a climate of trust to help with national reconciliation. All parties insist on democratic institutions. They agree to democracy, state of law, respect of Human Rights, development and security for all. The document then lists the topics up for discussion: respect of the constitution and conditions for political alternation (also addressed status of former heads of states, political leaders and status of the opposition; financing of political parties; media), democratic organisation and transparent elections (inter alia the president decided to dissolve the National Assembly and call new legislative elections to allow the different political movements to be represented), security and return of refugees and displaced people (this also addressed an amnesty law from 1994, the dissolution of militia and the collection of illegally held arms), and the restoration of the international image of Togo. A committee is established to follow up (12 members of the presidential movement and 12 members from the opposition, the facilitators will preside) until the next legislative elections.

Agreement document: TG_990729_Dialogue Inter-Togolais, Accord Cadre de Lome.pdf (opens in new tab) | Download PDF
Agreement document (original language): TG_990729_Dialogue Inter-togolais, Accord Cadre de Lomé_FR.pdf (opens in new tab)| Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 6, MIXED MONITORING COMMITTEE (CPS)
... Only through restabilising confidence, passionate desire, and the ongoing determination of all the players in Togolese political life, will it be possible to permanently transform the efforts being made into a better future for the children, women and men of this country.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 5, SECURITY AND THE RETURN OF REFUGEES
... Noting the measures currently being put in place, all parties present consider that a definitive solution to the return of refugees and displaced persons will be important for the success of the Inter-Togolese Dialogue. They have taken into account the significant outcome of the 1994 amnesty, corroborated by the HCR.

Page 5, SECURITY AND THE RETURN OF REFUGEES
... In the same spirit, they hope that the 1994 amnesty will continue, so that all refugees and displaced persons may return to their country and homes as soon as possible.

Page 5, SECURITY AND THE RETURN OF REFUGEES
... Measures shall also be put in place to enable refugees returning to Togo, displaced persons and beneficiaries of the amnesty law to recover their acquired rights.
Social class: No specific mention.

Gender

Women, girls and gender: Page 6, MIXED MONITORING COMMITTEE (CPS)
... Only through restabilising confidence, passionate desire, and the ongoing determination of all the players in Togolese political life, will it be possible to permanently transform the efforts being made into a better future for the children, women and men of this country.
Men and boys: Gender→Men and boys→Gender neutral wording
Page 6, MIXED MONITORING COMMITTEE (CPS)
... Only through restabilising confidence, passionate desire, and the ongoing determination of all the players in Togolese political life, will it be possible to permanently transform the efforts being made into a better future for the children, women and men of this country.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 3, RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION
... • Financing political parties
It is recognised that the development of specific rules in this area is necessary, both to ensure the proper functioning of the parties and fairness in public life, particularly during elections.
Public financing arrangements must be analysed in order to ensure ethical conduct in political life, based on criteria to be established, taking into account the actual representativeness of the different groups.

Page 3, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
During the Inter-Togolese Dialogue, the President of the Republic announced his decision to dissolve the National Assembly, in March 2000, as authorised by the Constitution and, through early legislative elections, to enable the different political groups to be represented in the National Assembly.
Elections: Page 3, RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION
... • Financing political parties
It is recognised that the development of specific rules in this area is necessary, both to ensure the proper functioning of the parties and fairness in public life, particularly during elections.

Page 3, RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION
... • Financing political parties
All of the parties favour a reduction in the level of deposits, for both the presidential election and for legislative and local elections.

Page 3, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
During the Inter-Togolese Dialogue, the President of the Republic announced his decision to dissolve the National Assembly, in March 2000, as authorised by the Constitution and, through early legislative elections, to enable the different political groups to be represented in the National Assembly.

Page 3, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
... The Leader also restated his attachment to constitutional legality, in particular Article 59 of the Constitution which states: “The President of the Republic shall be elected by universal direct suffrage for a mandate of five years renewable once. In no case may he serve for more than two mandates”.

Page 3, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
... The parties to the Inter-Togolese Dialogue considered the problem of the presidential election of June 1998. ...

Page 3, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
... The parties to the Dialogue consider that the election did not respect the legal framework and noted the numerous serious irregularities which marked the declaration of results in particular.

Page 4, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
... The presidential group, while recognising some inadequacies, reiterated that the election was conducted in strict compliance with the Togolese Constitutional framework.

Page 4, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
... The Union of Forces for Change (l’Union des Forces de Changement, UFC) insisted on the urgent need to identify a political solution for the problem as soon as possible, in order to establish a new timetable for the presidential elections.

Page 4, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
...The proper and transparent organisation of the next legislative elections, the results of which should be accepted by all, will be a decisive step for democracy and strengthening national reconciliation.

Page 4, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
... To ensure total transparency in future elections, in light of some weaknesses and declared irregularities, all the parties insist that improvements should be made to the electoral process, to be discussed by the Joint Monitoring Committee, within a period of two months. These should take into account in particular the proposals of the Renewed Action Committee for Unity (l’Union Comité d’Action Renouveau, CAR), the Democratic Party of Renewal (Parti Démocratique du Renouveau, PDR), the Togolese Union for Democracy (Parti Démocratique de Renouveau, UTD) and the parties associated with the Presidential Group, listed in annex.

Page 4, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
... An Independent National Electoral Commission (Commission Electorale Indépendente, CENI) tasked with organising and supervising the elections, in liaison with the Ministry of the Interior and other State services, shall be set up.
It shall be jointly made up of representatives from the Presidential Movement and the opposition parties. ...
Its remit and working methods shall be specified within one month by the Joint Monitoring Committee (Comité Paritaire de Suivi, CPS).
The Facilitators shall assess the results of CPS’s work on this subject, guided by the principles established by the Lomé Framework Agreement.

Page 4, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
The parties have already agreed that polling stations based on equal representation shall be set up, and agree on the principle of single voting forms using the candidates’ emblems, for all the candidates in the constituency, and on the preparation of tamper-proof voter identification cards.

Page 4, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
... With regard to electoral disputes, a National Sub-Committee shall be created within CENI, equipped to receive any complaints and endeavour to resolve them amicably, or, failing this, to refer them to the Constitutional Court.

Page 6, MIXED MONITORING COMMITTEE (CPS)
... At the request of all the Togolese parties, the principle of Facilitator representation within the Mixed Committee shall apply. Hence, a solemn appeal is made to the countries and their constituent institutions, to implement the commitments they have made, leading up to the legislative elections.
Electoral commission: Page 4, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
... An Independent National Electoral Commission (Commission Electorale Indépendente, CENI) tasked with organising and supervising the elections, in liaison with the Ministry of the Interior and other State services, shall be set up.
It shall be jointly made up of representatives from the Presidential Movement and the opposition parties. ...
Its remit and working methods shall be specified within one month by the Joint Monitoring Committee (Comité Paritaire de Suivi, CPS).
The Facilitators shall assess the results of CPS’s work on this subject, guided by the principles established by the Lomé Framework Agreement.

Page 4, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
... With regard to electoral disputes, a National Sub-Committee shall be created within CENI, equipped to receive any complaints and endeavour to resolve them amicably, or, failing this, to refer them to the Constitutional Court.
Political parties reform: Governance→Political parties reform→Other political parties reform
Page 3, RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION
... • Financing political parties
It is recognised that the development of specific rules in this area is necessary, both to ensure the proper functioning of the parties and fairness in public life, particularly during elections.
Public financing arrangements must be analysed in order to ensure ethical conduct in political life, based on criteria to be established, taking into account the actual representativeness of the different groups.

Page 3, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
During the Inter-Togolese Dialogue, the President of the Republic announced his decision to dissolve the National Assembly, in March 2000, as authorised by the Constitution and, through early legislative elections, to enable the different political groups to be represented in the National Assembly.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 3, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
During the Inter-Togolese Dialogue, the President of the Republic announced his decision to dissolve the National Assembly, in March 2000, as authorised by the Constitution and, through early legislative elections, to enable the different political groups to be represented in the National Assembly.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, CONTENT OF THE NEGOTIATIONS
...The following conclusions were reached during discussion of the different agenda points:
... All of the parties stated their commitment to democracy, the rule of law, respect for Human Rights, development and security for all.

Page 5, SECURITY AND THE RETURN OF REFUGEES
The army must essentially devote itself to external defence, except in exceptional circumstances which endanger the population. With regard to the physical and professional security of the leaders and soldiers of the opposition, the effective implementation of existing regulations should enable ongoing respect for citizens’ rights.

Page 5, SECURITY AND THE RETURN OF REFUGEES
... Where these rights are violated, and particularly for acts of political violence, victims shall be compensated by administrative or legal means.

Page 5, SECURITY AND THE RETURN OF REFUGEES
... Measures shall also be put in place to enable refugees returning to Togo, displaced persons and beneficiaries of the amnesty law to recover their acquired rights.

Page 5, RESTORING TOGO’S INTERNATIONAL IMAGE
Adoption of the Lomé Framework Agreement, the Inter-Togolese Dialogue, respect for the Constitution and the commitments made, strengthening democratic life and respect for Human Rights, will all enable the Republic of Togo to present a positive international image and to develop its relations with international institutions.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 3, RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION
... • Media
Freedom of expression is a fundamental right...
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1, CONTENT OF THE NEGOTIATIONS
...The following conclusions were reached during discussion of the different agenda points:
... All of the parties stated their commitment to democracy, the rule of law, respect for Human Rights, development and security for all.

Page 2, RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION
Strict respect for the Constitution of the Fourth Togolese Republic and the proper functioning of all its institutions are essential requirements for free democracy and political alternation.

Page 2, RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION
The participants went beyond any differences in their analysis and proposals, to express their commitment to the principles of democracy, and their willingness to set Togo on the path of national reconciliation and to contribute to political appeasement.

Page 2, RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION
Finally, the participants in the Inter-Togolese Dialogue expressed the unanimous view that the European Union, the International Organisation of La Francophonie, France and Germany, using procedures yet to be agreed, should continue to be involved in implementing the undertakings made by the Togolese political leaders and in helping Togo on the path to democracy.

Page 4, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
...The proper and transparent organisation of the next legislative elections, the results of which should be accepted by all, will be a decisive step for democracy and strengthening national reconciliation.

Page 5, RESTORING TOGO’S INTERNATIONAL IMAGE
Adoption of the Lomé Framework Agreement, the Inter-Togolese Dialogue, respect for the Constitution and the commitments made, strengthening democratic life and respect for Human Rights, will all enable the Republic of Togo to present a positive international image and to develop its relations with international institutions.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 3, RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION
... • Media
Freedom of expression is a fundamental right. The quest for quality and moderation in practice must become the rule, in both the public and private media.
The High Audiovisual and Communication Authority (la Haute Autorité de l’Audiovisuel et de la Communication, HAAC) shall be reorganised, in order to reflect the range of views, fully deploy its regulatory role, and to guarantee access to all public media.
Respect for ethical standards, transparency of methods and the organisation of financial resources must all be arranged.
Journalists shall be trained and re-trained.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: Page 4, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
... With regard to electoral disputes, a National Sub-Committee shall be created within CENI, equipped to receive any complaints and endeavour to resolve them amicably, or, failing this, to refer them to the Constitutional Court.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 6, MIXED MONITORING COMMITTEE (CPS)
The process of monitoring the dialogue, by the Facilitators, shall be examined in light of implementation of the Lomé Framework Agreement, and provided that the necessary finance is available from the European Union and the International Organisation of La Francophonie.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 4, SECURITY AND THE RETURN OF REFUGEES
The parties are in unanimous agreement that mutual confidence is of fundamental importance to the security of people and property.
Ceasefire: No specific mention.
Police: Page 5, SECURITY AND THE RETURN OF REFUGEES
... The Police and Gendarmerie shall be responsible for internal security.
Armed forces: Page 4, SECURITY AND THE RETURN OF REFUGEES
... All parties present have also emphasised the crucial role of the army in a Republican State.

Page 5, SECURITY AND THE RETURN OF REFUGEES
The army must essentially devote itself to external defence, except in exceptional circumstances which endanger the population. With regard to the physical and professional security of the leaders and soldiers of the opposition, the effective implementation of existing regulations should enable ongoing respect for citizens’ rights.
DDR: Security sector→DDR→Demilitarisation provisions
Page 5, SECURITY AND THE RETURN OF REFUGEES
... The parties present insist that the militias shall be disbanded, that weapons stocks be dismantled and that illegally held weapons be collected from the population.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 5, SECURITY AND THE RETURN OF REFUGEES
... The parties present insist that the militias shall be disbanded, that weapons stocks be dismantled and that illegally held weapons be collected from the population.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 3, RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION
... • Media
... Respect for ethical standards, transparency of methods and the organisation of financial resources must all be arranged.

Page 4, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
... To ensure total transparency in future elections, in light of some weaknesses and declared irregularities, all the parties insist that improvements should be made to the electoral process, to be discussed by the Joint Monitoring Committee, within a period of two months. These should take into account in particular the proposals of the Renewed Action Committee for Unity (l’Union Comité d’Action Renouveau, CAR), the Democratic Party of Renewal (Parti Démocratique du Renouveau, PDR), the Togolese Union for Democracy (Parti Démocratique de Renouveau, UTD) and the parties associated with the Presidential Group, listed in annex.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 5, SECURITY AND THE RETURN OF REFUGEES
... Noting the measures currently being put in place, all parties present consider that a definitive solution to the return of refugees and displaced persons will be important for the success of the Inter-Togolese Dialogue. They have taken into account the significant outcome of the 1994 amnesty, corroborated by the HCR.

Page 5, SECURITY AND THE RETURN OF REFUGEES
... In the same spirit, they hope that the 1994 amnesty will continue, so that all refugees and displaced persons may return to their country and homes as soon as possible.

Page 5, SECURITY AND THE RETURN OF REFUGEES
... Measures shall also be put in place to enable refugees returning to Togo, displaced persons and beneficiaries of the amnesty law to recover their acquired rights.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, PREAMBLE
... On November 20, 1998, the Leader convened a meeting of the various political forces in order to define the process for a national dialogue to overcome the crisis. ...

Page 1, PREAMBLE
... On December 24, the President’s party and all the opposition parties agreed that Facilitators should help the Togolese to establish the conditions needed for a calm and constructive dialogue between the country’s political forces. ...

Page 1, CONTENT OF THE NEGOTIATIONS
...The following conclusions were reached during discussion of the different agenda points:
The first objective agreed by the Togolese parties is to create a reciprocal climate of confidence, for the benefit of national reconciliation.

Page 2, RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION
The participants went beyond any differences in their analysis and proposals, to express their commitment to the principles of democracy, and their willingness to set Togo on the path of national reconciliation and to contribute to political appeasement.

Page 2, RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION
• Status of former Heads of State, former political leaders, status of the opposition and Code of Good Conduct
The rapid adoption of these statutes, designed to enhance the current measures, will contribute to national reconciliation. Within this framework, precise statutes shall be developed, including for the opposition, which will enable the rights and responsibilities of the opposition and the majority to be defined.

Page 4, ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS
...The proper and transparent organisation of the next legislative elections, the results of which should be accepted by all, will be a decisive step for democracy and strengthening national reconciliation.

Implementation

UN signatory: No specific mention.
Other international signatory: The Facilitators;
For the European Union S.E.M. Georg REISCH
For the Republic of Germany S.E.M. Paul VON STULPNAGEL
For the International Organization of the Francophonie S.E.M. Moustapha NIASSE
For the Republic of France S.E.M. Bernard STASI
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION
Finally, the participants in the Inter-Togolese Dialogue expressed the unanimous view that the European Union, the International Organisation of La Francophonie, France and Germany, using procedures yet to be agreed, should continue to be involved in implementing the undertakings made by the Togolese political leaders and in helping Togo on the path to democracy.

Page 5, MIXED MONITORING COMMITTEE (CPS)
The parties present underline the need to give political responsibility for the implementation of the Lomé Framework Agreement to the CPS.
The Mixed Committee shall be made up of 12 representatives of the presidential group and 12 representatives of the opposition. If possible, it shall be chaired by the Facilitators or their representatives.
The Committee shall nominate a Chair by rotation between the two parties, and shall meet regularly in a timetable to be specified.
The mandate of the Joint Monitoring Committee shall end following the forthcoming legislative elections.
The Joint Committee may set up qualified technical sub-committees on specific subjects.
Related cases: No specific mention.
Source: International Organization of Francophonie; http://democratie.francophonie.org/IMG/pdf/accords_lome_99-2.pdf

INTER-TOGOLESE DIALOGUE

LOME FRAMEWORK AGREEMENT (ACCORD CADRE DE LOMÉ, ACL)

PREAMBLE

For years Togo has been in serious political crisis, with worsening economic and social circumstances following the suspension of cooperation with a number of other States.

On November 20, 1998, the Leader convened a meeting of the various political forces in order to define the process for a national dialogue to overcome the crisis.

On December 24, the President’s party and all the opposition parties agreed that Facilitators should help the Togolese to establish the conditions needed for a calm and constructive dialogue between the country’s political forces.

In response to this request, the European Union, France, Germany, and the International Organisation of La Francophonie nominated four persons to carry out this facilitation mission.

CONTENT OF THE NEGOTIATIONS

The parties involved have, by common agreement, prepared an agenda for the negotiations based on the proposals of the President’s party and of the opposition parties (attached in annex).

The following conclusions were reached during discussion of the different agenda points:

The first objective agreed by the Togolese parties is to create a reciprocal climate of confidence, for the benefit of national reconciliation.

Indeed, all of the parties are clear that the proper and regular functioning of Togolese institutions depend on this.

All of the parties stated their commitment to democracy, the rule of law, respect for Human Rights, development and security for all.

There was discussion of the following themes:

RESPECT FOR THE CONSTITUTION AND CONDITIONS FOR POLITICAL ALTERNATION

Strict respect for the Constitution of the Fourth Togolese Republic and the proper functioning of all its institutions are essential requirements for free democracy and political alternation.

During preliminary meetings held in Paris and in Lomé, between March and June 1999, agreement was reached on a location, on the principle of an open agenda, and on the measures to be taken to ensure that the meeting would take place in complete calm and security.

The Inter-Togolese Dialogue opened in Lomé, on Monday July 19.

The parties present gave their views and made proposals on the different agenda points.

Throughout this period the debates took place in an atmosphere of calm, willingness to listen and respect for others.

The participants went beyond any differences in their analysis and proposals, to express their commitment to the principles of democracy, and their willingness to set Togo on the path of national reconciliation and to contribute to political appeasement.

In agreement with the participants, the College of Facilitators carried out an analysis of the discussions and prepared a list of the different points on which the parties present agreed.

Noting with satisfaction the encouraging conditions in which the Inter-Togolese Dialogue took place, the Facilitators were of the view that the advances made were likely to have a positive effect on relations between Togo and the European Union.

Finally, the participants in the Inter-Togolese Dialogue expressed the unanimous view that the European Union, the International Organisation of La Francophonie, France and Germany, using procedures yet to be agreed, should continue to be involved in implementing the undertakings made by the Togolese political leaders and in helping Togo on the path to democracy.

• Status of former Heads of State, former political leaders, status of the opposition and Code of Good Conduct

The rapid adoption of these statutes, designed to enhance the current measures, will contribute to national reconciliation.

Within this framework, precise statutes shall be developed, including for the opposition, which will enable the rights and responsibilities of the opposition and the majority to be defined.

Over and above respect for the institutions, people, citizens and public goods, commitments made to the people and a sense of the common interest are the essential elements of a code of conduct, which should be accepted and respected by all the political players.

• Financing political parties

It is recognised that the development of specific rules in this area is necessary, both to ensure the proper functioning of the parties and fairness in public life, particularly during elections.

Public financing arrangements must be analysed in order to ensure ethical conduct in political life, based on criteria to be established, taking into account the actual representativeness of the different groups.

All of the parties favour a reduction in the level of deposits, for both the presidential election and for legislative and local elections.

• Media

Freedom of expression is a fundamental right.

The quest for quality and moderation in practice must

become the rule, in both the public and private media.

The High Audiovisual and Communication Authority (la Haute Autorité de l’Audiovisuel et de la Communication, HAAC) shall be reorganised, in order to reflect the range of views, fully deploy its regulatory role, and to guarantee access to all public media.

Respect for ethical standards, transparency of methods and the organisation of financial resources must all be arranged.

Journalists shall be trained and re-trained.

ORGANISATION OF DEMOCRATIC AND TRANSPARENT ELECTIONS

During the Inter-Togolese Dialogue, the President of the Republic announced his decision to dissolve the National Assembly, in March 2000, as authorised by the Constitution and, through early legislative elections, to enable the different political groups to be represented in the National Assembly.

The Leader also restated his attachment to constitutional legality, in particular Article 59 of the Constitution which states:

“The President of the Republic shall be elected by universal direct suffrage for a mandate of five years renewable once.

In no case may he serve for more than two mandates”.

The Leader’s declaration of July 23, 1999, and the official communique of the Togolese Government of July 24, 1999 are reproduced in annex.

The parties to the Dialogue note the desire of the President of the Republic to respect the Constitution.

The parties to the Inter-Togolese Dialogue considered the problem of the presidential election of June 1998.

The parties to the Dialogue consider that the election did not respect the legal framework and noted the numerous serious irregularities which marked the declaration of results in particular.

The presidential group, while recognising some inadequacies, reiterated that the election was conducted in strict compliance with the Togolese Constitutional framework.

The Union of Forces for Change (l’Union des Forces de Changement, UFC) insisted on the urgent need to identify a political solution for the problem as soon as possible, in order to establish a new timetable for the presidential elections.

The parties to the Inter-Togolese Dialogue agreed to move on from the past and look to the future.

The proper and transparent organisation of the next legislative elections, the results of which should be accepted by all, will be a decisive step for democracy and strengthening national reconciliation.

To ensure total transparency in future elections, in light of some weaknesses and declared irregularities, all the parties insist that improvements should be made to the electoral process, to be discussed by the Joint Monitoring Committee, within a period of two months.

These should take into account in particular the proposals of the Renewed Action Committee for Unity (l’Union Comité d’Action Renouveau, CAR), the Democratic Party of Renewal (Parti Démocratique du Renouveau, PDR), the Togolese Union for Democracy (Parti Démocratique de Renouveau, UTD) and the parties associated with the Presidential Group, listed in annex.

An Independent National Electoral Commission (Commission Electorale Indépendente, CENI) tasked with organising and supervising the elections, in liaison with the Ministry of the Interior and other State services, shall be set up.

It shall be jointly made up of representatives from the Presidential Movement and the opposition parties.

Its remit and working methods shall be specified within one month by the Joint Monitoring Committee (Comité Paritaire de Suivi, CPS).

The Facilitators shall assess the results of CPS’s work on this subject, guided by the principles established by the Lomé Framework Agreement.

The parties have already agreed that polling stations based on equal representation shall be set up, and agree on the principle of single voting forms using the candidates’ emblems, for all the candidates in the constituency, and on the preparation of tamper-proof voter identification cards.

With regard to electoral disputes, a National Sub-Committee shall be created within CENI, equipped to receive any complaints and endeavour to resolve them amicably, or, failing this, to refer them to the Constitutional Court.

SECURITY AND THE RETURN OF REFUGEES

The parties are in unanimous agreement that mutual confidence is of fundamental importance to the security of people and property.

All parties present have also emphasised the crucial role of the army in a Republican State.

The army must essentially devote itself to external defence, except in exceptional circumstances which endanger the population.

With regard to the physical and professional security of the leaders and soldiers of the opposition, the effective implementation of existing regulations should enable ongoing respect for citizens’ rights.

Where these rights are violated, and particularly for acts of political violence, victims shall be compensated by administrative or legal means.

The Police and Gendarmerie shall be responsible for internal security.

Noting the measures currently being put in place, all parties present consider that a definitive solution to the return of refugees and displaced persons will be important for the success of the Inter-Togolese Dialogue.

They have taken into account the significant outcome of the 1994 amnesty, corroborated by the HCR.

In the same spirit, they hope that the 1994 amnesty will continue, so that all refugees and displaced persons may return to their country and homes as soon as possible.

Measures shall also be put in place to enable refugees returning to Togo, displaced persons and beneficiaries of the amnesty law to recover their acquired rights.

The parties present insist that the militias shall be disbanded, that weapons stocks be dismantled and that illegally held weapons be collected from the population.

RESTORING TOGO’S INTERNATIONAL IMAGE

Adoption of the Lomé Framework Agreement, the Inter-Togolese Dialogue, respect for the Constitution and the commitments made, strengthening democratic life and respect for Human Rights, will all enable the Republic of Togo to present a positive international image and to develop its relations with international institutions.

MIXED MONITORING COMMITTEE (CPS)

The parties present underline the need to give political responsibility for the implementation of the Lomé Framework Agreement to the CPS.

The Mixed Committee shall be made up of 12 representatives of the presidential group and 12 representatives of the opposition.

If possible, it shall be chaired by the Facilitators or their representatives.

The Committee shall nominate a Chair by rotation between the two parties, and shall meet regularly in a timetable to be specified.

The mandate of the Joint Monitoring Committee shall end following the forthcoming legislative elections.

The Joint Committee may set up qualified technical sub-committees on specific subjects.

The process of monitoring the dialogue, by the Facilitators, shall be examined in light of implementation of the Lomé Framework Agreement, and provided that the necessary finance is available from the European Union and the International Organisation of La Francophonie.

At the request of all the Togolese parties, the principle of Facilitator representation within the Mixed Committee shall apply.

Hence, a solemn appeal is made to the countries and their constituent institutions, to implement the commitments they have made, leading up to the legislative elections.

Signature of the Lomé Framework Agreement is intended to send a strong signal to the Togolese people, who as its principle beneficiaries, should also be its primary guarantor.

Only through restabilising confidence, passionate desire, and the ongoing determination of all the players in Togolese political life, will it be possible to permanently transform the efforts being made into a better future for the children, women and men of this country.

The parties present at the Inter-Togolese Dialogue signed at Lomé, July 29, 1999.

Signatures

For the Presidential Office:

the Gathering of the Togolese People (RPT) the Convention of the New Forces (CFN)

Professor Fambaré Ouattara Natchaba, RPT member of the Political Bureau

For the Committee of Action for Renewal (CAR) Yawovi Agboyibo, National President

For Convention African Peoples Democratic (FDC) Mr. Leopold Gnininvi, Secretary General

For Party for Democracy and Renewal (PDR) Monseiur Zarifou Ayeva, President

For the Union of Forces for Change (UFC)

Mr. Emmanuel Akitani Bob, First Vice President

For the Togolese Union for Democracy (UTD)

the Party of the pure-Action on Development (PAD) Democratic party pure Unite (PDU)

the Union for the Democracy and Solidarity (UDS) Mr. Edem Kodjo, President

The Facilitators;

For the EU, Georg Reisch,

For the International Organization of Francophonie, Moustapha Niasse, For the Republic of France, Bernard Stasi,

For the Republic of Germany, Paul von Stulpnagel,