Togo - IFEX https://ifex.org/location/togo/ The global network defending and promoting free expression. IFEX advocates for the free expression rights of all, including media workers, citizen journalists, activists, artists, scholars. Wed, 24 Jan 2024 21:05:01 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.2 https://ifex.org/wp-content/uploads/2019/06/cropped-ifex-favicon-32x32.png Togo - IFEX https://ifex.org/location/togo/ 32 32 RSF identifies spyware on phones of two Togolese journalists https://ifex.org/rsf-identifies-spyware-on-phones-of-two-togolese-journalists/ Wed, 24 Jan 2024 20:56:01 +0000 https://ifex.org/?p=345804 An deeper look into the arbitrary arrests of publisher Loïc Lawson and freelance journalist Anani Sossou reveal how they were in the crosshairs of the Togolese authorities for some time.

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This statement was originally published on rsf.org on 23 January 2024.

Reporters Without Borders (RSF) has found spyware traces on the phones of two Togolese journalists currently on trial in a defamation case brought by a government minister. The traces are typical of Pegasus, the spyware used by Togo’s government until 2021 at least. One of the journalists was subjected to a major cyber-espionage operation throughout the first half of 2021. RSF calls on the authorities to explain.

It was serial espionage. Evidence of at least 23 spyware intrusions between 1 February and 10 July 2021 were identified on one of the phones used by Loïc Lawson, the publisher of Flambeau des Démocrates, a leading independent weekly in Togo. Freelance journalist Anani Sossou was the target of a similar attack on his phone a few months later, on 25 October 2021.

After several months of investigation, this was the conclusion of the technical analyses conducted by Digital Security Lab, an RSF forensic service for journalists that detects digital attacks on their phones.

The intrusions into the phones of these Togolese journalists were carried out by means of Pegasus, one of the world’s most powerful and effective spywares. It is sold by NSO Group, an Israeli company of which the Togolese government was a proven client at the time. The findings of RSF’s technical analyses were independently confirmed by Amnesty International’s Security Lab, which has identified many cases of Pegasus surveillance around the world and is regarded as a leading authority in this field.

Timeline of intrusions between 1 February 2021 and 1 August 2021 in one of Loïc Lawson’s phones, based on one of the intrusion indicators found by analysts

RSF began taking an interest in Lawson and Sossou’s phones at the start of December, when they had just spent 18 days in pre-trial detention as a result of a complaint by Kodjo Adedze, the minister of urban planning, housing and land reform, solely because they reported that the equivalent of 600,000 euros in cash had been stolen from his home.

Although the minister simply disputed the amount of cash stolen, without explaining how the journalists’ reports had hurt him, they are charged with “defaming” him, “attacking his honour” and even “inciting revolt” in a trial that opened at the start of January.

“It was while investigating the circumstances of the completely arbitrary arrest of these journalists and the charges brought against them that we discovered that they had in fact been in the crosshairs of the Togolese authorities for a long time, as shown by the industrial-scale cyber-espionage to which Loïc Lawson was subjected in 2021. Until the Pegasus scandal broke in July of that year and implicated Togo, the intrusions on his phone occurred with an astonishing frequency, up to several times a week for six months, giving the perpetrators access to all of this journalist’s data. These are the first proven cases of journalists being targeted by spyware in Togo. It is now up to the justice system to establish the responsibility of the Togolese authorities and NSO Group, the company that provided them with this spyware.”

Arnaud Froger, head of RSF’s investigation desk

“By mobilising its network of cyber defenders, engineers and technicians, RSF has reinforced its capacity to conduct digital forensics investigations. This makes a big difference. Today, we can shed light on the use of these methods to target journalists and we can send a strong signal to spyware vendors and to their clients.”

Nicolas Diaz, head of digital security and operations at RSF

After RSF told Lawson he had been subjected to close cyber-surveillance and whereas he was still in shock from his recent detention, he said he was “very concerned about the extent of the information to which those responsible for this operation may have had access.” They may have been able to identify some of his sources, he said.

Togolese communication minister and government spokesman Yawa Kouigan did not respond to RSF’s request for an explanation of the surveillance operation targeting journalists and the use of such methods in Togo.

Journalists often targeted by Togo’s authorities

Three other Togolese journalists, Ferdinand Ayité, Luc Abaki and Carlos Ketohou, were on the list of 50,000 potential Pegasus targets that were identified by an international consortium’s investigation in 2021. But it was not possible at the time to conduct a technical analysis of their phones to establish whether they had indeed been compromised. In the wake of this investigation, RSF filed several complaints in France concerning 25 journalists in ten countries and is now registered as an interested party in the judicial investigation initiated in France.

The Togolese authorities often target critical journalists and media. Ayité, who is the publisher of the news website L’Alternative, and Isidore Kouwonou, its editor, were forced to flee the country in March 2023 after being arrested and subjected to intimidation. They were sentenced in absentia to three years in prison on charges of “contempt of authority” and “spreading mendacious comments on social media” as a result of complaints by two government ministers.

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Togolese minister gets journalists arrested https://ifex.org/togolese-minister-gets-journalists-arrested/ Mon, 27 Nov 2023 21:20:00 +0000 https://ifex.org/?p=344795 Reporting on theft of over half a million US$ from Housing Minister’s house lands journalists Loic Lawson and Anani Sossou in prison.

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This statement was originally published on mfwa.org on 20 November 2023.

The Togolese authorities should release Loic Lawson and Anani Sossou from prison and drop all charges against the journalists who are being abused at the instance of a Minister of State.

Lawson, the editor of “Flambeau des Democrates”, and Sossou, a freelancer, were incarcerated on November 15, 2023, following a defamation complaint by Housing Minister Kodjo Adedze.

The two journalists separately claimed on social media that a sum of 400 million FCFA (a little over 600,000 USD) had been stolen from the Minister’s residence. While the minister has himself reported the burglary to the police without disclosing the amount involved, he avers that the sum mentioned by the journalists was exaggerated and intended to cause him public disaffection.

This is the second time in eight months that journalists have been detained over defamation complaints by government officials. In March, two journalists were sentenced in absentia to three years imprisonment after they had been previously detained over complaints from two Ministers. Another journalist, Joel Egah, who was being tried alongside the two died a few days before the sentence which followed a trial for “publishing false information on social networks” and “insulting authority” upon complaints from the Minister of Commerce, Kodzo Adedze and the Minister of Justice, Pius Agbetomey.

Under Togo’s media law, defamation has been decriminalized. However, the law does not cover social media, so alleged media offences committed on online platforms are prosecuted under the criminal code or digital code.

Meanwhile, the Dynamique pour la majorite du Peuple (DMP), a grouping of Togo’s opposition parties, has condemned the imprisonment of the two journalists and demanded a review of the country’s media code.

“The DMP is of the view that the new digital code which conflates a professional journalist with a social media activist, subjecting them to the same legal rules in case of a court action, constitutes a major regression and a violation of press freedom which had been obtained through an arduous struggle by the Togolese people.”

The Media Foundation for West Africa also condemns the arbitrary imprisonment of Lawson and Sossou and demands their immediate release. We urge the Togolese judiciary to resist pressure from the executive and defend press freedom.

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Heavy penalty for reporting on corruption https://ifex.org/heavy-penalty-for-reporting-on-corruption/ Wed, 22 Nov 2023 00:36:05 +0000 https://ifex.org/?p=344738 Togolese journalists Loic Lawson and Anani Sossou jailed following complaint by country's Minister of Urban Planning and Land Reform.

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This statement was originally published on cpj.org on 15 November 2023.

Togolese authorities should immediately and unconditionally release journalists Loic Lawson and Anani Sossou, and reform the country’s laws and regulations to ensure journalism is not criminalized, the Committee to Protect Journalists said Wednesday.

On Tuesday, November 14, an investigating judge at a Lomé court charged Lawson, publication director of the privately-owned newspaper Le Flambeau des Démocrates, and Sossou, a freelance reporter, with disseminating false news and attacking the honor of a minister, according to Magloire Teko Kinvi, the editor-in-chief of Le Flambeau des Démocratesand news reports. Sossou was also charged with inciting a revolt, Kinvi said.

The charges against the journalists, who were arrested the previous day, follow a complaint by Togo’s Minister of Urban Planning and Land Reform, Kodjo Sévon-Tépé Adédzé, over posts by the journalists on social media discussing alleged theft of money from Adédzé’s home.

On November 15, authorities transferred Lawson and Sossou to the Lomé Civil Prison, according to Kinvi. CPJ could not confirm if the journalists’ next court date had been scheduled.

“Togo’s authorities must release journalists Loic Lawson and Anani Sossou, drop the charges against them, and allow them to report freely on current events,” said Angela Quintal, CPJ’s Africa program coordinator. “The arrest and ongoing prosecution of Lawson and Sossou is just the latest example of Togolese authorities’ aggressive efforts to control the local press.”

Offenses against honor are punishable with up to six months’ suspended imprisonment while the dissemination of false news is punishable with up to two years’ imprisonment. Incitement to revolt is punishable with up to five years’ imprisonment, according to the Togolese penal code.

Reached by CPJ, Adédzé declined to comment on why he had brought the complaint against the journalists and said that questions should be addressed to judicial authorities. He said all “developed countries” had regulations governing the press.

Togolese state prosecutor Mawama Talaka told CPJ that he could not comment on the case because it was before the investigating judge.

Another Togolese journalist, Ferdinand Ayité, has also faced prosecution by Togolese authorities following a complaint by Adédzé and another minister. He and his colleague Isidore Kouwonou fled into exile in March, just days before a Togolese court sentenced them both to three years in prison.

Ayité, who is in the U.S. this week to receive CPJ’s 2023 International Press Freedom Award for courage in journalism, called on Togo to reform its laws to prevent the prosecution of the press for reporting on social media after Lawson and Sossou were charged.

“Togo more than ever needs to reform its texts which criminalize journalists who use social networks,” Ayité wrote in a post on X, formerly Twitter.

Togo has a press code which says that offenses involving journalists must be handled by the communications regulator, but has carveouts for journalists to be prosecuted under the penal code.

Article 156 of the press code, for example, says that journalists who “used social networks as a means of communication” to commit such offenses are instead “punished in accordance with the common law provisions.”

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International warrant issued for Togolese journalists https://ifex.org/international-warrant-issued-for-togolese-journalists/ Tue, 21 Mar 2023 02:59:14 +0000 https://ifex.org/?p=340398 Following the shocking judgement sentencing Togolese journalists Ferdinand Ayité and Isidoro Kouwonou to 3 years in prison and a US$4,860 fine each, the two have gone into hiding.

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This statement was originally published on rsf.org on 17 March 2023.

Reporters Without Borders (RSF) calls for non-execution of the international warrant for the arrest of two Togolese journalists that a Togolese court issued after convicting them in absentia of “contempt of authority.”

The court issued the international warrant for the arrest of Ferdinand Ayité, the publisher of the biweekly newspaper and website L’Alternative, and Isidore Kouwonou, its editor, after sentencing them in absentia on 15 March to three years in prison and a fine of 3 million CFA francs (4,500 euros) on charges of “contempt of authority” and “spreading mendacious comments on social media.”

Ayité was initially  with defamation and “contempt of authority” in December 2021 along with Fraternité newspaper publisher Joël Egah (who died on 6 March 2022), after two government ministers filed complaints against them over a Kouwonou-hosted news programme broadcast online by L’Alternative in which they said the ministers were involved in embezzling public funds. Ayité and Egah were detained for two weeks and then released under judicial control. Kouwonou was placed directly under judicial control without being arrested first.

Ferdinand Ayité and Isidore Kouwonou were forced to flee their country for safety reasons, after repeatedly being arrested, intimidated and spied on by the authorities, and now they have been given prison sentences. We condemn this arbitrary decision and we call for non-execution of the international warrant issued for their arrest.

Sadibou Marong, the director of RSF’s sub-Saharan Africa bureau

After Ayité and Kouwonou received a summons on 1 March notifying them that their trial would begin on 8 March, Ayité was briefly detained at the border between Togo and Benin on 4 March, when he was interrogated and, for a few moments, deprived of his passport. Knowing he would be arrested the next day, he “found a refuge and then left Togo a few days later,” according to a statement issued by L’Alternative. Kouwonou took similar action and is now in a safe location.

A respected investigative reporter who is critical of Togo’s government, Ayité has often been subjected to intimidation and was on a 2021 list of journalists that an international investigation identified as potential or actual victims of Pegasus spyware surveillance by their governments.

Ayité regards the prison sentences as a clear message to all of Togo’s media. “I fear that other independent media outlets will suffer the same fate in the near future,” he told RSF. “It is clear that the government, which is becoming more authoritarian by the day, no longer wants any dissent in Togo.”

The court’s decision was described as “iniquitous” by L’Alternative. It is “the latest chapter in the long persecution of independent journalists who are just doing their job by investigating the hidden aspects of the scandalous way this country is governed,” the outlet said.

L’Alternative was suspended for four months in February 2021 in response to a complaint by a government minister, and for two months in March 2020 in response to a complaint by the French ambassador. That same year, Ayité and his publication were fined 4 million CFA francs (6,000 euros) after exposing large-scale embezzlement in connection with fuel imports into Togo, a case dubbed Petrolgate.

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Togolese musician promotes human rights through music https://ifex.org/togolese-musician-promotes-human-rights-through-music/ Mon, 13 Feb 2023 23:48:44 +0000 https://ifex.org/?p=339533 Musician Elias Atayi shares his journey to musical activism and how he uses his melodies and lyrics to spread the gospel of human rights in Togo.

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This statement was originally published on globalvoices.org on 6 February 2023.

Elias Atayi believes a better world is possible through music

Elias Atayi is a Togolese musician and singer who uses his music to champion the human rights of women and children.

The protection and promotion of human rights are of the utmost importance for many Togolese, manifesting in the local grassroots activism, arts, and culture scenes. Even as authorities are attempting to improve the situation, challenges remain regarding human rights protections in Togo. Citizens, for their part, are doing their best to construct a state where respect for human rights is prioritized.

This is the case of Elias Atayi, or Eli Amate Ataya as he is known to the state. He is an artist committed to the cause of human rights, a columnist, and co-host of the show Nek’tar on TVT, a Togolese TV channel. He is one of the few artists who regularly denounces abuse and raises awareness of the rights of women and children through his music. He uses his art to bring about positive change, as seen in this YouTube video:

Global Voices met with Elias Atayi via Whatsapp to understand more about his approach to activism.Jean Sovon (JS): Where does this love of music come from?

Elias Atayi  (EA) Music is innate and I have practiced it since I was young. Growing up, I went to music classes from Togolese musicians such as Gospel Renya and Edi Togovi. I went to music groups and choruses. I started playing instruments including my guitar, which has always been my faithful friend. I joined the University of Lomé orchestra where I saw many names go through who are now established Togolese artists: Foganne with whom I released Mon Rêve (a song which paints the world in white) and Victoire Biaku (winner of The Voice Francophone Africa).

JS: In your songs, we sense a commitment to human rights. Why do you use your music to address human rights issues? 

EA: In 2018, I joined the Documentation and Training Center for Human Rights (CDFDH). During various trainings and activities in the field, my commitment became stronger. With this framework, the opportunity was given to me to compose and record a song accompanying Xonam, an app used to defend human rights. It was a beautiful experience and it reinforced my commitment. The concept is simple: the message and means must be adapted to the goal. If young people like rap, let’s bring them ideas about human rights with rap. I am one of those who thinks that the artist has a big role in achieving the Sustainable Development Goals ODD. The artist is heard, loved, and followed by millions of people. Their message and pleas will therefore have a greater impact and initiate more change from their followers. Because music is found in all homes, and when music is well-played, the lyrics stay anchored in the mind without us knowing it. This is the goal of my work: that the lyrics of songs have an impact on habits and behaviors. During Covid, when the pandemic was at its height, we released two singles (Respecte les mesures and La prophétie) to raise awareness among the population about the pandemic and its harmful effects. The message was well received even if these songs were not hits, I think it’s a start, especially since our means were limited.

JS: What is your impression of the human rights situation in Togo today?

EA: There is still a lot of work to be done, especially in rural communities; millions of people who do not know their rights, women abused without a voice, uneducated children – especially girls. It’s true there has been progress, but we are far from meeting the minimum.The human rights situation in Togo in the 80s is nothing like the 2000s. But we must do more to find new strategies, new ways of involving the youth, women, and children. We must bring joy and light to millions of youth in remote areas by organizing various initiatives based on human rights themes, as well as practical training to equip our population. We are ready to hit the ground running.

JS: Besides music, what other ways do you contribute to the advancement to human rights in Togo?

EA: In 2019 I created my organization Equal Rights For All (ERFA) to promote human rights and civic participation in art, culture, and sport. A bet not easily placed given the role art takes in politics. Yes, it takes art to promote human rights because people who do not know their rights will not be able to defend them. Often, people do not know whether the oppressor is violating their rights or not. Therefore they sit powerlessly in situations where they should seek justice for violations committed and demand respect for their rights. Currently, we have outlined several strategies that are very innovative and youthful. We have planned dance competitions, football matches, marathons, film nights, and a series bringing together local comedians around our theme. All these actions are aimed towards young people who are our first priority.

JS: Do you plan on making an album that would be dedicated to this cause?

EA: A 12-track album called Life’s Colors, about which we find themes like Child in the Street, Civic Engagement, Peace, No to Violent Extremism, Environment Protection, Equality, etc. I am also focused on authenticity, Africa, its culture, its rhythms. It will be a purely human rights album with African sounds.

JS: Any final words for our readers?

EA: We believe in a better world and we believe that art, culture, and sport can bring a radical change and enormous impact. I am calling on my fellow artists: it is time to convey important messages without too much vulgarity. With what we see and hear today in the media, I fear for our young brothers and our children. Regarding the organization, we have planned a campaign which will be launched shortly on networks followed by strong actions, but I would like to already raise awareness through this interview.

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Lomé court suspends privately owned “Liberté” newspaper https://ifex.org/lome-court-suspends-privately-owned-liberte-newspaper/ Tue, 18 Oct 2022 23:07:29 +0000 https://ifex.org/?p=336957 Togolese newspaper "Liberté" continues publishing while appealing its 3-month suspension.

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This statement was originally published on cpj.org on 14 October 2022.

On October 5, 2022 a court in Lomé suspended the privately owned Liberté newspaper for three months and fined the company and two of its staff members a total of 12 million West African francs (US$17,800) for publishing erroneous information about the prime minister, according to local media reports and the director of Liberté, Médard Amétépé, who spoke to the CPJ on the phone.

Liberté has filed an appeal, which suspends the decision until the appeal ruling, and has continued to publish, Amétépé told CPJ.

The suspension and fine related to Liberté’s September 21 edition, which included an article that alleged a security officer in Togolese Prime Minister Victoire Dogbé’s automotive convoy shot and killed a young man, according to those sources.

According to Amétépé, on September 22, Dogbé’s office informed the High Authority for Audiovisual and Communication, Togo’s media regulator also known by its French acronym HAAC, that the prime minister was not in the area where the incident allegedly occurred. Dogbé’s office then filed a defamation complaint to the HAAC and the regulator asked the newspaper to publish a correction, which the paper did with an apology to Dogbé, Amétépé told CPJ.

Amétépé said in spite of the correction and the apology, Dogbé’s office filed a separate defamation complaint in court against the author of the article, Géraud Afangnowou, Amétépé, and the newspaper.

The court considered the correction and apology to be insincere and therefore inadmissible as rectification for damage caused by the September 21 article, according to Amétépé, adding that the court then suspended the outlet for three months and fined each of the three defendants – Liberté, Amétépé, and Afangnowou – four million West African francs (US$5,928) each.

Reached by CPJ via messaging app, Adolphe Pakka, a communications officer with Dogbé’s office, asked CPJ to submit a request for comment “the normal way.”  When CPJ asked Pakka to clarify what he meant by “normal way,” he did not answer.

HAAC spokesperson Diedier Atiota did not respond to an emailed request for comment from CPJ.

Togolese authorities previously suspended Liberté in 2020 in relation to a complaint filed by then French ambassador to Togo, Marc Vizy.

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Togolese citizens’ privacy rights at risk with new digital ID programme https://ifex.org/togolese-citizens-privacy-rights-at-risk-with-new-digital-id-programme/ Wed, 27 Apr 2022 15:53:44 +0000 https://ifex.org/?p=333234 Citizens acknowledge that Togo's digital ID programme may help curb fraud but are concerned with handing their personal information to a government with a penchant for surveillance.

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This statement was originally published on opennetafrica.org on 21 April 2022. OpenNetAfrica is a CIPESA initiative.

By Afi Edoh

For four years Togo has been inching towards issuing a digital identity (ID) card. While there are indications that 2022 may be the year in which the West African country finally delivers the long-awaited digital ID, the road ahead remains uncertain. Challenges lie both in bureaucratic delays and citizens’ caginess about handing their data to a government with a penchant for surveilling citizens and shutting down digital communications.

The Togolese government announced the e-ID Togo project in 2018, but it was not until mid 2021 that the Ministry of the Digital Economy and Digital Transformation initiated efforts to recruit a communications consultant to devise an awareness campaign to precede the registration stage and a technology solutions service provider. The International Institute of Information Technology Bangalore was awarded the system contract in December 2021.

According to the government, the e-ID project will simplify the process of updating the electoral register, facilitate access to public services and to credit, reduce fraud in the financial sector, and facilitate the targeting of social protection beneficiaries. Only 25% of the country’s population of eight million has a form of identification, with women less likely to have an identification document, which hinders their ability to open bank accounts, enrol children in school, benefit from health insurance, or get a mobile phone number. In recognition of the gaps in civil registration among citizens, the government set out to enrol citizens for e-ID even without proof of birth registration.

Togo passed Law No. 2019-014 relating to the protection of personal data in October 2019. In 2020, parliament passed Law No. 2020-009 relating to the biometric identification of natural persons, whose objective is to establish a system for identification and authentication of natural persons. The law aims to establish a “secure and reliable methodology” for obtaining, maintaining, storing and updating data on the identity of registered individuals. The law requires all citizens and residents in Togo to obtain a Unique Identification Number (NIU) by submitting their demographic and biometric data (Article 4). The biometric data specified for purposes of obtaining a NIU are photograph and / or facial recognition, fingerprints, and iris scan. The National Identification Agency (ANID) is mandated to collect biometric data for the NIU.

SIM Card Registration

In July 2021, a SIM card registration and limitation of subscriptions per individual and network campaign was launched by the telecommunications regulatory authority ARCEP, supported by leading telecom operators Moov Africa Togo and TogoCom. The SIM registration requirements include a national identity card or passport and collection of biometric and demographic data.

But this extensive collection of individuals’ personal data raises concerns for the safety of such data. These concerns are not unfounded and they partly arise from the state’s record on respect for digital rights, which have seen it order network disruptions and use malware to target opponents and dissidents.

State Surveillance

In 2020, lingering suspicions that the Togolese government was undertaking interceptions of communications gained credence when the Citizen Lab revealed that Israeli-made spyware Pegasus, supplied by the NSO Group, was used between April and May 2019 to target Togolese civil society, including a Catholic bishop and a priest, as well as two members of Togo’s political opposition. The surveillance reportedly coincided with nationwide pro-reform protests that were forcibly dispersed. The Togolese government did not respond to the allegations, which nonetheless sparked debate within Togolese media and civil society.

Further, in October 2021, Amnesty International research found that Togolese activists had been targeted with spyware by the Donot Team hacker group based in India – the first time that Donot Team spyware was found in use outside of South Asia. According to the report, the activists’ devices were targeted between December 2019 and January 2020, during a tense political climate ahead of the 2020 presidential election.

Network Disruptions

During the February 2020 elections, authorities disrupted access to messaging services (WhatsApp, Facebook Messenger, and Telegram). Later that year, the Economic Community of West African States (ECOWAS) Court of Justice ruled that the 2017 internet shutdown in Togo was illegal and an affront on the right of freedom to expression.

According to Access Now, the court ordered the government of Togo to pay two million francs (USD 3,459) to the plaintiffs as compensation, and to take all the necessary measures to guarantee the implementation of safeguards with respect to the right to freedom of expression of the Togolese people.

Privacy and Data Protection

Togo’s laws provide safeguards against unlawful surveillance and unauthorised access to data whilst also granting authorities sweeping powers to violate privacy. Law No. 2012-018 on electronic communications provides for privacy of communications but article 92 empowers the Prime Minister, and the Ministers responsible for the economy and finance, defence, justice, and security and civil protection, to trigger the interception of communications and electronic content.

The biometrics identification law requires the National Identification Agency to encode and encrypt data on its registry and only allows access to authorised agents (article 10, 21 & 22). Violation of the obligation of non-disclosure of personal data, identity theft and unauthorised processing of personal data are punishable with fines ranging from one million to 10 million Central African Francs (USD 1,747 to 17,472), imprisonment between one and five years, or both.

Article 94 of Togo’s 2012 electronic communication law obliges encryption service providers to comply with lawful interception orders, with refusal to provide secret decryption codes to government agencies punishable with a fine of between USD 3,544 and USD 14,178. Cryptology services providers are required to retain for one year, content and data allowing the identification of anyone who has used their services, and to provide the technical means that enable the identification of those users. The service providers are required to avail this data, on request, to the investigating judge, Prime Minister, Minister for the Economy and Finance, the Minister of Defence, the Minister of Justice, and the Minister of Security. The multiple officials who access data – similar to the various officials that can trigger the interception of communications – offers wide latitude for abuse of citizens’ data privacy rights.

Digital Exclusion

In the wake of Covid-19, Togo initiated a relief programme for vulnerable citizens whose livelihoods were affected by the state of emergency. As at March 2021, the programme, known as NOVISSI, had disbursed a total of 13.3 billion francs (USD 22 million) to 819,972 citizens via mobile money.

However, the programme was criticised for requiring applicants to possess a voter’s ID card. During the last electoral census, opposition parties called on the population to boycott the exercise, which meant that some citizens had not renewed their voter ID cards. There were also cases of unscrupulous individuals utilising the voter’s ID details of other citizens to fraudulently benefit from the programme. As a result, the government temporarily halted the program to allow for physical verification of beneficiaries at dedicated centres.

Way forward

Whereas the various sanctions within the existing legal framework might be a deterrent against unauthorised access to and misuse of personal data, there is wide latitude for state agencies and officials to access the data, which could be abused. This calls for a review of the provisions to ensure they uphold citizens’ right to privacy and data protection, with adequate oversight and redress mechanisms. Further, the e-ID should be rolled out in a manner that ensures agency and dignity, without enhancing exclusion and surveillance.

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Togolese journalists granted conditional freedom https://ifex.org/togolese-journalists-granted-conditional-freedom/ Wed, 05 Jan 2022 19:45:21 +0000 https://ifex.org/?p=330682 Newspaper editors Ferdinand Ayité and Joël Egah arrested on charges of defamation are released, but face stringent conditions.

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This statement was originally published on rsf.org on 4 January 2022.

Reporters Without Borders (RSF) calls on Togo’s authorities to rescind the extremely strict and unjustified judicial controls placed on two newspaper editors as a condition for their release on 31 December after three weeks in prison in the capital, Lomé, on charges of defaming and insulting two government ministers.

L’Alternative editor Ferdinand Ayité and Fraternité editor Joël Egah have had to surrender their passports, they cannot leave Togo, they must visit the judge in charge of the case every week and they must not comment on the case, aside from posting or publishing apologies to the two ministers they alluded to in a Web TV discussion.

When contacted by RSF, their lawyer Elom Kpade described the controls as “appalling” and said he intended to challenge them in court.

The absurd conditions placed on the release of these two journalists is a way to maintain the pressure on them,” said Arnaud Froger, the head of RSF’s Africa desk. “It amounts to treating them as potential criminals and as people who could try to evade justice when they have done absolutely nothing wrong and it is the authorities who circumvented the press law in order to jail them. We call for the withdrawal of all the charges against them and the lifting of these completely unjustified judicial control measures.

The two newspaper editors were finally let out of prison on their third request for provisional release. They were arrested on 10 December in connection with their comments during a discussion on “L’Autre Journal,” a very popular current affairs programme broadcast on L’Alternative’s YouTube channel, during which they suggested, without naming them, that two ministers were linked to cases of misuse of government funds.

Togo’s press law abolished prison sentences for press offences in 2004, but the prosecution claims that the journalists’ comments are not covered by the press law because they were made on a “social network.”

Ayité, L’Alternative’s editor, has been subjected to repeated intimidation attempts in connection with his journalism and he was one of the journalists who were targeted by the Togolese authorities for potential surveillance with the Israeli mobile phone spyware Pegasus. L’Alternative was suspended for two months in March 2020 as a result of a complaint by the French ambassador and for another four months in February 2021 following a complaint by a government minister. In November 2020, Ayité and the newspaper were fined 4 million CFA francs (more than 6,000 euros) for their coverage of the so-called Petrolgate case, involving the embezzlement of vast sums in connection with the importation of petroleum products.

Togo is ranked 74th out of 180 countries in RSF’s 2021 World Press Freedom Index.

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Togolese journalist Ferdinand Ayité target of government ire https://ifex.org/togolese-journalist-ferdinand-ayite-target-of-government-ire/ Mon, 27 Dec 2021 01:15:41 +0000 https://ifex.org/?p=330580 After years of intimidation and persecution, which include administrative sanctions, judicial proceedings and surveillance, Togolese journalist Ferdinand Ayité is imprisoned.

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This statement was originally published on rsf.org on 22 December 2021.

After repeatedly targeting the biweekly newspaper L’Alternative in recent years with administrative sanctions, judicial proceedings and surveillance, Togo’s authorities have finally jailed its editor, Ferdinand Ayité.

Attempts have often been made to intimidate Ayité during his 20 or so years as a journalist but this is the first time he has found himself in a cell. Arrested in Lomé, Togo’s capital, on 9 December, he was immediately jailed on a charge of “insulting authority” and “defamation.” Joël Egah, the editor of the Lomé-based newspaper Fraternité, was jailed on the same charges the next day.

They are accused in connection with their comments during a discussion on L’Autre Journal,” a current affairs programme broadcast on L’Alternative’s YouTube channel, in which they criticised the fact that the justice minister and commerce minister are both also Protestant pastors. The programme’s presenter, Isidore Kouwonou, was also questioned but was just placed under judicial control. The case is the latest in a string of sanctions and threats against L’Alternative in recent years.

Togo’s media regulator, the High Authority for Broadcasting and Communication (HAAC), ordered L’Alternative’s suspension for two months in March 2020 as a result of a complaint by the French ambassador over an article accusing French President Emmanuel Macron’s Africa adviser of “incestuous connivance” with the regime headed by President Faure Gnassingbé, who had just been reelected for a fourth term after succeeding his father as president in 2005.

The newspaper was suspended again a year later, this time for four months, for investigating a government minister’s administration of a wealthy businessman’s estate. As RSF reported at the time, this suspension was so biased and disproportionate that even one of the HAAC’s own members publicly disowned it.

Continuing impunity, despite exposés

L’Alternative’s incisive coverage of corruption and misgovernment has become its trademark. The tone of its articles is often scathing, sometimes virulent. At the same time, the quality of its investigative reporting has brought the newspaper some notoriety and many problems.

In 2016, L’Alternative participated in the Panama Papers investigation by an international consortium of journalists that exposed use of offshore tax havens by public officials in many countries. The Togolese part of the exposé, carried out with L’Alternative, revealed that the then prime minister was one of the shareholders in a Togolese company whose income was channeled through one of these tax havens. But, despite an outcry in Togo, the prime minister was not investigated and kept his job.

The newspaper exposed scandals but impunity continued. In June 2020, L’Alternative published its “petrolgate” revelations about the embezzlement of hundreds of millions of euros in connection with the importation of petroleum products and the suspected involvement of several government officials. The government announced an audit, of which the final conclusions have yet to be published. No official has been prosecuted. The same cannot be said for L’Alternative, which was fined 6,000 euros at the end of an initial trial held a few months later.

“We resisted, and that annoyed them”

Neither stick nor carrot have managed to sway L’Alternative’s editorial policies. The decision to spy on the newspaper clearly seems to have been taken at the highest level, as the Pegasus Project revelations indicated. Ayité’s mobile phone number was one of the 300 Togolese numbers on the leaked list of phone numbers targeted for surveillance by Pegasus, spyware sold by the Israeli firm NSO Group to governments around the world, including Togo’s.

The Pegasus Project investigation revealed that this spyware was widely misused by NSO Group’s clients to spy on members of civil society including more than 200 journalists worldwide. Ayité is one of the 20 journalists who added their names to the complaints that RSF submitted to the UN and filed with a French court. Since the revelations about how this spyware is used, sources in Togo have been much more cautious over the phone and few now take the time to go the L’Alternative office.

Ayité’s detention is also hitting the newspaper financially. The YouTube broadcasting could become difficult and guests less willing to participate. And it was the income from the YouTube broadcasts that was helping L’Alternative to offset the nervousness of advertisers about being associated with a media outlet openly critical of the government.

“We were approached several times with offers of a more comfortable life, benefits, but we resisted, and that annoyed them,” one of L’Alternative’s journalists told RSF, recalling the power cuts affecting the newspaper during the major anti-government protests in 2017 and 2018. They were often on Mondays and Thursdays, the two days of the week when the biweekly’s next day’s issue is finalised.

Togo is ranked 74th out of 180 countries in RSF’s 2021 World Press Freedom Index.

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‘There is no private life’: Three Togolese journalists react to being selected for spyware surveillance https://ifex.org/there-is-no-private-life-three-togolese-journalists-react-to-being-selected-for-spyware-surveillance/ Sat, 02 Oct 2021 14:14:56 +0000 https://ifex.org/?p=328878 Three Togolese journalists - Carlos Ketohou, Ferdinand Ayité, and Luc Abaki on the #PegasusProject list of potential targets - share their psychological experiences of what it means to be under surveillance.

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This statement was originally published on cpj.org on 22 September 2021.

When Komlanvi Ketohou fled Togo in early 2021, he left behind his home, his family, and his cell phone that the gendarmerie seized when they arrested and detained him over a report published by his newspaper, L’Independant Express. In July, Ketohou, who goes by Carlos, learned that the phone number connected to the device they took may have been targeted for surveillance years before his arrest.

The revelation came via the Pegasus Project, a collaborative global media investigation detailing how thousands of leaked phone numbers, including many that belonged to journalists, were allegedly selected for potential surveillance by clients of the Israeli firm NSO Group. In addition to Ketohou, Togolese journalist Ferdinand Ayité, director of L’Alternative newspaper, was also on the Pegasus Project list, according to Forbidden Stories, one of the project’s partners. A third Togolese journalist, freelancer Luc Abaki, was similarly selected as a potential spyware target, according to a representative from Amnesty International, another of the project’s partners, who confirmed his number’s listing to Abaki and then to CPJ.

The use of NSO Group’s Pegasus spyware on these journalists’ phones has not been confirmed and NSO Group denied any connection to the list. But the three journalists told CPJ in multiple interviews conducted via email, phone, and messaging app that learning of their status as potential surveillance targets heightened their sense of insecurity, even as they continue to work in the profession.

“I spent nightmarish nights thinking about all my phone activities. My private life, my personal problems in the hands of strangers,” Ketohou said. “It’s scary. And it’s torture for me.”

The potential use of Pegasus spyware to surveil journalists in Togo adds to an already lengthy list of the country’s press freedom concerns. In recent years, journalists in Togo have been arrested and attacked, had their newspapers suspended over critical coverage, and struggled to work amid disrupted access to internet and messaging apps, CPJ has documented.

NSO Group has said it only sells its spyware, which allows the user to secretly monitor a target’s phone, to governments for use investigating crime and terrorism. Yet Pegasus has been repeatedly used to target members of civil society around the world, including Togolese clergy in 2019, according to Citizen Lab, a University of Toronto-based research group which investigates spyware. Over 300 Togolese numbers appeared on the Pegasus Project list of potential targets, Le Monde, another partner in the project, reported.

“I was very afraid,” Ketohou told CPJ after he said he was informed by Forbidden Stories that his number was listed in 2017 and 2018. He said it confirmed his decision to go into exile, where he started a new news site, L’Express International, after Togo’s media regulator barred L’Independant Express from publishing in early 2021 as CPJ documented. He asked CPJ not to disclose his location for security reasons.

Ketohou told CPJ that he couldn’t point to a specific article that may have triggered potential surveillance, but said that at the time his phone was selected his newspaper was reporting on nationwide protests – which began in 2017 – opposing President Faure Gnassingbé’s rule. His position at the time as president of the Togolese Press Patronage, a local media owners’ association, and membership in the Togolese League for Human Rights (LTDH) advocacy group may have contributed to interests in having his phone monitored, Ketohou added.

L’Alternative director Ayité told CPJ that he was not certain what caused his phone number to be selected in 2018, as Forbidden Stories informed him, but that year his newspaper published what he described as “sensitive” reports on the political crisis surrounding the protests and the mediation efforts by surrounding countries.

He said the selection of his number for potential surveillance fit a pattern of Togolese authorities’ efforts to intimidate him and L’Alternative.

Read the full feature on CPJ’s site.

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