Dialogue inter-togolais: memorandum des partis politiques signataires de l'Accord Politique Global et représentés à l'Assemblée Nationale

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Country/entity: Togo
Region: Africa (excl MENA)
Agreement name: Dialogue inter-togolais: memorandum des partis politiques signataires de l'Accord Politique Global et représentés à l'Assemblée Nationale
Date: 7 Aug 2009
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 RPT, ESSO ZSOLITOKI M., Secretary General
For the UFC, Gilchrist OLYMPIO, President
For the CAR, APEVON Dodji Paul, President;
Third parties: Facilitator, Blaise COMPAORE, President of Burkina Faso
Description: Agreement builds on the Global Political Agreement, and provides for the establishment of a National Independent Electoral Commission (CENI) to ensure fair elections via the training of national electoral observers. Agreement also provides for international observers. Agreement further reaffirms Art. 62 of the constitution on the eligibility of presidential candidates. Furthermore, agreement covers the security of polling statements, and refers the technical specifications of polling cards to CENI. Parties agree to respect the Code of Good Conduct.

Agreement document: TG_090807_Memorandum des partis politiques.pdf (opens in new tab) | Download PDF
Agreement document (original language): TG_090807_Memorandum des partis politiques_FR.pdf (opens in new tab)| Download PDF

Groups

Children/youth: No specific mention.
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: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
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): No specific mention.
Elections: Page 2, PREAMBLE
The political parties participating in the Intertogolese Dialogue and represented in the National Assembly,
... - Determined to work together in a spirit of brotherhood and cordial understanding, to enable the organisation of open, free, transparent and democratic elections, which would signal a definite end to the crisis in Togo;  

Page 2, PREAMBLE
The political parties participating in the Intertogolese Dialogue and represented in the National Assembly,
... - Enacting decision no. C-003/09 of July 9, 2009, of the Constitutional Court on the law modifying the Electoral Code voted by the National Assembly on June 29, 2009;

Page 2, I. COMPOSITION OF CENI AND ITS SUB-DIVISIONS
I.1 The signatory parties to the present Memorandum have agreed on the composition of the National Independent Electoral Commission (la Commission Electorale Nationale Indépendente, CENI) as foreseen by the law modifying the Electoral Code, voted by the National Assembly of June 29, 2009, and on the procedure for appointing its members.

Page 2, I. COMPOSITION OF CENI AND ITS SUB-DIVISIONS
I.2 In order to ensure the proper functioning of CENI, the signatory Parties agree to strengthen the permanent administrative Secretariat tasked with providing technical support for the practical organisation of the elections.

Page 2, I. COMPOSITION OF CENI AND ITS SUB-DIVISIONS
I.2 ... In addition they have decided to call on the expertise of the Burkina Faso CENI and to request access to international experts in electoral processes.

Page 2, I. COMPOSITION OF CENI AND ITS SUB-DIVISIONS
... I.3 In terms of CENI sub-divisions, the signatory Parties have decided to create as many as necessary to ensure the widest and most reliable participation of citizens in elections.

Page 3, II. CONDITIONS OF ELIGIBILITY FOR THE PRESIDENTIAL ELECTION
II.1 The signatory parties to the present Memorandum shall work, within the framework of the laws currently in force and in accordance with democratic principles, to ensure open, free transparent and democratic elections.

Page 3, II. CONDITIONS OF ELIGIBILITY FOR THE PRESIDENTIAL ELECTION
... II.2 They agree to comply with the conditions of eligibility foreseen in article 62 of the Constitution, and shall proceed to redraft certain provisions foreseen in articles 168.3, 170.2 and 170.9 of the Electoral Code, in order to enable potential candidates to contest the next presidential election.

Page 3, III. TECHNICAL PROVISIONS FOR A PEACEFUL ELECTION
III.1 In order to guarantee proper polling procedures, the signatory parties to the present Memorandum agree that the polling stations shall be made secure.

Page 3, III. TECHNICAL PROVISIONS FOR A PEACEFUL ELECTION
... III.2 The technical specifications of the voting cards shall be determined exclusively and independently by CENI.

Page 3, III. TECHNICAL PROVISIONS FOR A PEACEFUL ELECTION
... III.3 The parties to the present Memorandum shall ask the Government to provide CENI with the necessary resources for transmitting the election results from the polling stations to the CENI offices.

Page 3, III. TECHNICAL PROVISIONS FOR A PEACEFUL ELECTION
... III.4 In order to guarantee the transparency of the elections, the parties agree that they shall be open to national and international observers under the conditions foreseen by law.

Page 3, III. TECHNICAL PROVISIONS FOR A PEACEFUL ELECTION
... III.4 ... To this effect, the international observers shall be accredited by CENI, at their request, by on the basis of a list prepared by CENI in collaboration with the Territorial Administration and other State services.
National observers shall be accredited by CENI.

Page 3, III. TECHNICAL PROVISIONS FOR A PEACEFUL ELECTION
... III.5 ... They invite the Government, the Parliament and all parties to the Global Political Agreement, to work together to strengthen the resources and the role of the High Audiovisual and Communication Authority (la Haute Autorité de l’Audiovisuel et de la Communication, HAAC), in order to facilitate the organisation of elections in a peaceful climate.
Electoral commission: Pages 1-3
I. COMPOSITION OF CENI AND ITS SUB-DIVISIONS

I.1 The signatory parties to the present Memorandum have agreed on the composition of the National Independent Electoral Commission (la Commission Electorale Nationale Indépendente, CENI) as foreseen by the law modifying the Electoral Code, voted by the National Assembly of June 29, 2009, and on the procedure for appointing its members.

I.2 In order to ensure the proper functioning of CENI, the signatory Parties agree to strengthen the permanent administrative Secretariat tasked with providing technical support for the practical organisation of the elections.

In addition they have decided to call on the expertise of the Burkina Faso CENI and to request access to international experts in electoral processes.

I.3 In terms of CENI sub-divisions, the signatory Parties have decided to create as many as necessary to ensure the widest and most reliable participation of citizens in elections.

II. CONDITIONS OF ELIGIBILITY FOR THE PRESIDENTIAL ELECTION

II.1 The signatory parties to the present Memorandum shall work, within the framework of the laws currently in force and in accordacne with democratic principles, to ensure open, free transparent and democratic elections.

II.2 They agree to comply with the conditions of eligibility foreseen in article 62 of the Constitution, and shall proceed to redraft certain provisions foreseen in articles 168.3, 170.2 and 170.9 of the Electoral Code, in order to enable potential candidates to contest the next presidential election.

III. TECHNICAL PROVISIONS FOR A PEACEFUL ELECTION

III.1 In order to guarantee proper polling procedures, the signatory parties to the present Memorandum agree that the polling stations shall be made secure.

III.2 The technical specifications of the voting cards shall be determined exclusively and independently by CENI.

III.3 The parties to the present Memorandum shall ask the Government to provide CENI with the necessary resources for transmitting the election results from the polling stations to the CELI offices.

III.4 In order to guarantee the transparency of the elections, the parties agree that they shall be open to national and international observers under the conditions foreseen by law.

To this effect, the international observers shall be accredited by CENI, at their request, by on the basis of a list prepared by CENI in collaboration with the Territorial Administration and other State services.

National observers shall be accredited by CENI.
Political parties reform: No specific mention.
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: No specific mention.
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: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 3, II. CONDITIONS OF ELIGIBILITY FOR THE PRESIDENTIAL ELECTION
II.1 The signatory parties to the present Memorandum shall work, within the framework of the laws currently in force and in accordance with democratic principles, to ensure open, free transparent and democratic elections.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 3, III. TECHNICAL PROVISIONS FOR A PEACEFUL ELECTION
... III.5 ... They invite the Government, the Parliament and all parties to the Global Political Agreement, to work together to strengthen the resources and the role of the High Audiovisual and Communication Authority (la Haute Autorité de l’Audiovisuel et de la Communication, HAAC), in order to facilitate the organisation of elections in a peaceful climate.

Page 3, III. TECHNICAL PROVISIONS FOR A PEACEFUL ELECTION
... III.5 ... They exhort the Government to take all necessary measures to ensure that all political parties have fair access to State media.
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: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, PREAMBLE
The political parties participating in the Intertogolese Dialogue and represented in the National Assembly,
... - Wishing to achieve a durable peace, to guarantee stability and the harmonious development of Togo;
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
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 3, III. TECHNICAL PROVISIONS FOR A PEACEFUL ELECTION
III.1 In order to guarantee proper polling procedures, the signatory parties to the present Memorandum agree that the polling stations shall be made secure.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 2, PREAMBLE
The political parties participating in the Intertogolese Dialogue and represented in the National Assembly,
... - Determined to work together in a spirit of brotherhood and cordial understanding, to enable the organisation of open, free, transparent and democratic elections, which would signal a definite end to the crisis in Togo;  

Page 3, II. CONDITIONS OF ELIGIBILITY FOR THE PRESIDENTIAL ELECTION
II.1 The signatory parties to the present Memorandum shall work, within the framework of the laws currently in force and in accordance with democratic principles, to ensure open, free transparent and democratic elections.

Page 3, III. TECHNICAL PROVISIONS FOR A PEACEFUL ELECTION
... III.4 In order to guarantee the transparency of the elections, the parties agree that they shall be open to national and international observers under the conditions foreseen by law.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
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: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 3, III. TECHNICAL PROVISIONS FOR A PEACEFUL ELECTION
... III.4 In order to guarantee the transparency of the elections, the parties agree that they shall be open to national and international observers under the conditions foreseen by law.
Enforcement mechanism: Page 3, IV. MISCELLANEOUS AND FINAL PROVISIONS
IV.1 Where difficulties arise in interpretation or implementation of the provisions in the present Memorandum, the Parties agree to refer to the Facilitator for arbitration.
Related cases: No specific mention.
Source: UN Peacemaker; http://peacemaker.un.org/sites/peacemaker.un.org/files/TG_090807_Memorandum%20des%20partis%20politiques.pdf

INTERTOGOLESE DIALOGUE

MEMORANDUM OF THE POLITICAL PARTIES SIGNATORY TO THE GLOBAL POLITICAL AGREEMENT AND REPRESENTED IN THE NAITONAL ASSEMBLY

Ouagadougou, August 7, 2009

PREAMBLE

The political parties participating in the Intertogolese Dialogue and represented in the National Assembly,

- Meeting at Ouagadougou from August 4 to 6, 2009, at the invitation of His Excellency Mr Blaise COMPAORE, President of Burkina Faso and Facilitator of the Intertogolese Dialogue;

- Wishing to achieve a durable peace, to guarantee stability and the harmonious development of Togo;

- Referring to the Global Political Agreement signed on August 20, 2006, at Lomé between all the parties in the Intertogolese Dialogue;

- Committed to preserving and consolidating the achievements of the peace process launched by the Global Political Agreement;

- Taking note of the Final Communique of the 36th Session of the Conference of Heads of State and of Government of the Economic Community of West Africa (la Communauté Économique des Etats de l’Afrique de l’Ouest, CEDEAO) inviting President Blaise CAMPAORE to return to his facilitation mission in Togo;

- Determined to work together in a spirit of brotherhood and cordial understanding, to enable the organisation of open, free, transparent and democratic elections, which would signal a definite end to the crisis in Togo;

- Enacting decision no.

C-003/09 of July 9, 2009, of the Constitutional Court on the law modifying the Electoral Code voted by the National Assembly on June 29, 2009;

Have agreed the following:

I. COMPOSITION OF CENI AND ITS SUB-DIVISIONS

I.1 The signatory parties to the present Memorandum have agreed on the composition of the National Independent Electoral Commission (la Commission Electorale Nationale Indépendente, CENI) as foreseen by the law modifying the Electoral Code, voted by the National Assembly of June 29, 2009, and on the procedure for appointing its members.

I.2 In order to ensure the proper functioning of CENI, the signatory Parties agree to strengthen the permanent administrative Secretariat tasked with providing technical support for the practical organisation of the elections.

In addition they have decided to call on the expertise of the Burkina Faso CENI and to request access to international experts in electoral processes.

I.3 In terms of CENI sub-divisions, the signatory Parties have decided to create as many as necessary to ensure the widest and most reliable participation of citizens in elections.

II. CONDITIONS OF ELIGIBILITY FOR THE PRESIDENTIAL ELECTION

II.1 The signatory parties to the present Memorandum shall work, within the framework of the laws currently in force and in accordacne with democratic principles, to ensure open, free transparent and democratic elections.

II.2 They agree to comply with the conditions of eligibility foreseen in article 62 of the Constitution, and shall proceed to redraft certain provisions foreseen in articles 168.3, 170.2 and 170.9 of the Electoral Code, in order to enable potential candidates to contest the next presidential election.

III. TECHNICAL PROVISIONS FOR A PEACEFUL ELECTION

III.1 In order to guarantee proper polling procedures, the signatory parties to the present Memorandum agree that the polling stations shall be made secure.

III.2 The technical specifications of the voting cards shall be determined exclusively and independently by CENI.

III.3 The parties to the present Memorandum shall ask the Government to provide CENI with the necessary resources for transmitting the election results from the polling stations to the CELI offices.

III.4 In order to guarantee the transparency of the elections, the parties agree that they shall be open to national and international observers under the conditions foreseen by law.

To this effect, the international observers shall be accredited by CENI, at their request, by on the basis of a list prepared by CENI in collaboration with the Territorial Administration and other State services.

National observers shall be accredited by CENI.

III.5 The signatory Parties to the present Memorandum undertake to scrupulously respect the Code of Good Conduct recommended by the Global Political Agreement.

They invite the Government, the Parliament and all parties to the Global Political Agreement, to work together to strengthen the resources and the role of the High Audiovisual and Communication Authority (la Haute Autorité de l’Audiovisuel et de la Communication, HAAC), in order to facilitate the organisation of elections in a peaceful climate.

They exhort the Government to take all necessary measures to ensure that all political parties have fair access to State media.

IV. MISCELLANEOUS AND FINAL PROVISIONS

IV.1 Where difficulties arise in interpretation or implementation of the provisions in the present Memorandum, the Parties agree to refer to the Facilitator for arbitration.

IV.2 The present Memorandum commits the signatory Parties.

Done at Ouagadougou, August 8, 2009

For the RPT

ESSO ZSOLITOKI M.

Secretary General

For the UFC Gilchrist OLYMPIO

President

Facilitator

Blaise COMPAORE President of Burkina Faso

For the CAR APEVON Dodji Paul

President