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

  • 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 - ) )
  • 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.


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