{
  "url": "https://openlegislation.uk/eu-decision-2004-793/annex/annex-1",
  "json_url": "https://openlegislation.uk/eu-decision-2004-793/annex/annex-1.json",
  "legislation": "eudn/2004/793",
  "legislation_title": "Council Decision of 15 November 2004 concluding the consultation procedure with the Togolese Republic under Article 96 of the Cotonou Agreement (2004/793/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2004-793",
  "path": "annex/annex/1",
  "kind": "appendix",
  "number": "ANNEX to the ANNEX",
  "heading": null,
  "text": "LIST OF UNDERTAKINGS GIVEN BY THE TOGOLESE REPUBLIC\nThe Government of the Togolese Republic has given the following undertakings to the European Union during consultations held under Article 96 of the Cotonou Agreement.\nUndertaking 1.1:\nAnnounce immediately, to ensure that democratic principles are fully upheld, the resumption of an open, credible national dialogue with the traditional opposition and civil society in an organised and transparent framework.\nUndertaking 1.2:\nGuarantee all political parties, without delay, freedom of action without fear of harassment, intimidation or censorship\nUndertaking 1.3:\nRevise the electoral arrangements on the basis of the Lomé Framework Agreement so as to ensure transparent and democratic elections that are acceptable to all parties within six months.\nUndertaking 1.4:\nEnsure that all political parties have equitable access to public media and set up a fair system for the public funding of political parties.\nUndertaking 1.5:\nOrganise fresh parliamentary elections that are transparent, with international observers present at all stages of the process, as soon as possible, in keeping with the implementation of Undertaking 1.3 above.\nUndertaking 1.6:\nOrganise local elections that are transparent, with observers present at all stages of the process, within 12 months.\nUndertaking 1.7:\nCreate the conditions necessary for democratically elected municipal assemblies to have a mandate and the resources needed to establish effective and democratically legitimate local government within 12 months.\nUndertaking 2.1:\nEnsure that there are no instances of extrajudicial killings, torture or other forms of inhuman or degrading treatment on Togolese soil; this includes the proper training of those managing the police and the justice system.\nUndertaking 2.2:\nFree all political prisoners who are clearly held for their political opposition, criticism of the government or other reasons not justifying detention. The list of prisoners concerned by this measure will be drawn up in collaboration with one or more recognised NGOs that are experienced in this field and accepted by all parties. This undertaking must be implemented within not more than six weeks.\nUndertaking 2.3:\nTransfer all files on persons remanded in custody or released on bail to the public prosecutor's office within three months so that their cases can be examined in accordance with the law.\nUndertaking 2.4:\nGive lawyers and humanitarian/human rights organisations, accompanied by a doctor of their choice, free access to detainees wherever they are held (prison, gendarmerie, police station, etc.) so that the absence of torture or other inhuman treatment can be verified before the end of the consultations.\nUndertaking 2.5:\nRevise the articles of association and terms of reference of the National Commission for Human Rights with a view to making it truly independent vis-à-vis the administration within nine months.\nUndertaking 2.6:\nTake legal or disciplinary action against the known perpetrators of extrajudicial killings, acts of torture and inhuman and degrading treatment. This undertaking also includes the amendment of relevant legislation and regulations where necessary.\nUndertaking 2.7:\nTake adequate measures (to be specified later) to ensure that the justice system works impartially and independently of the executive. A diagnostic study providing the basis for an action plan will be presented before the end of the consultations.\nUndertaking 3.1:\nRevise the press and communication code so as to align it on international standards within six months. Above all, we expect the abolition of prison terms for the offences of ‘defamation and besmirching honour’ currently provided for in the press code.\nUndertaking 3.2:\nImmediately ensure that the media, NGOs and civil society representatives do not suffer harassment, censure or intimidation.\nUndertaking 3.3:\nImmediately ensure that all political and civil society representatives and ordinary citizens enjoy the right to freedom of expression and peaceful assembly in all public places throughout Togolese territory without fear of harassment, censure or intimidation.\nUndertaking 3.4:\nEnsure the freedom of movement of all political and civil society representatives, both as citizens and in the exercise of their political or representative functions.\nUndertaking 3.5:\nEnsure, before the end of the consultations, that all citizens have free access to information through the media, including the websites of opposition parties, NGOs and so on.\nUndertaking 3.6:\nRevise the articles of association and terms of reference of the High Authority for Audiovisual and Communications within six months with a view to making it truly independent vis-à-vis the administration.\nUndertaking 4.1:\nPresent progress reports on the dialogue and performance of undertakings to the European Union authorities on 1 June and 1 July 2004.\nUndertaking 4.2:\nWillingness of the Togolese authorities to take part in the dialogue on the ground and facilitate any mission of officials from the Commission and the Presidency in the framework of this dialogue.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2004/793/annex/annex/1",
    "retrieved_at": "2026-11-01T15:18:05.707391+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}