Group Petitions Government over “Arbitrary Arrests” and Detention of “Western Togolanders”

Youth for Human Rights International, a non-governmental, human rights organization has petitioned the Government of Ghana over what it described as the “Arbitrary arrests and detentions of Voltarians (Western Togolanders)” since October 2021.

In a petition to the President of the Republic of Ghana and copied to relevant authorities dated February 8, the Youth for Human Rights International wrote:

We “wish to bring to the attention of the government the practice of using arbitrary arrests and detentions to prevent the free exercise of the rights to freedom of expression, opinion, association and peaceful assembly in the Volta Region, Upper East Region, Northern Region, North East Region and Oti Regions that were originally, known as Western Togoland and would further urge the chairman of the Economic Community of West Africa States (ECOWAS) H.E. Nana Akufo-Addo to as a matter of urgency release and provide the governance necessary to apply treaties and protocols on democracy, human rights, including socio-economic rights.

Read full statement below:

 

Our ref: YFHRI/ECOWAS/247

Your ref:…………………                                                                                                                Date: 08-02 2022

PETITIONER: ADESBEN SOMABE LI                                                   PETITION # 247

Your Excellency,

STOP THE ARBITRARY ARREST AND DETENTION OF WESTERN TOGOLANDERS AND RELEASE MICHAEL KWABLA AND OTHERS FROM CUSTODY FOR A PEACEFUL ENGAGEMENT

We wish to bring to your attention the massively vis-à-vis practice of using arbitrary arrests and detentions to prevent the free exercise of the rights to freedom of expression, opinion, association and peaceful assembly in the Volta Region, Upper East  Region,  Northern  Region,  North  East  Region  and  Oti  Regions  that  originally, called Western Togoland and would further urge the chairman of the Economic Community of West Africa States (ECOWAS) to as a matter of urgency release and provide the governance necessary to apply treaties  and protocols  on democracy, human right including socio-economic rights.

We would emphatically like to draw your attention to the case of Michael Kwabla, Nene Tawia Agblom II, Gbedema John, Afedo Emmanuel Harford, Cephas Zodanu, and other 56 people. Instead of the 48-hours requirement in the criminal procedure law, they were arbitrarily arrested and detained since October 2020 till date. Eventually, they were held in pre-trial detention for over 450 days without a court ever ruling on an application for their release.

Despite recurrent endeavours at challenging this detention, yet no court has ruled on its lawfulness or pre-trial release. They were repeatedly denied a proper hearing on either legality of the arrest or on pre-trial detention, with proceedings being regularly delayed simply because the prosecutor argued that more time was needed to conduct investigations.

The few who were previously released were threatened to be immediately re-arrested and detained should they exercise their rights; to expression, opinion, association and peaceful assembly.

Mr Michael Kwabla is a leading member of one of the seven non-governmental organizations that works for the self-determination of the people of the Volta Region, Upper East Region, Northern Region, North East Region and Oti Region of Ghana, which they call “Western Togoland.” They are dedicated to working for self- determination solely through non-violent means and its activities typically consist of dialogue, protest and other non-violent symbolic acts, as well as discussion about the history of “Western Togoland” alternative forms of self-determination for its people.

THE SECRET BEHIND THE RECENT ARBITRAL ARREST OF WESTERN TOGOLANDERS

In the past, our forefather’s experienced arbitral arrest, detention and torture under the hands of the Security Forces of Ghana. Unfortunately as matters might mean it, some of them died as a result. This continued under every regime of Ghana ever since. Matters became worst even in 1972 when as a result of some 120 chiefs and prominent people of the land rose to challenge the status quo, the then head of State of Ghana, General Ignatius Kutu Acheampong passed a decree called, “SUPREME MILITARY COUNCIL DECREE: PROHIBITED ORGANISATIONS DECREE, 1976 (SMCD

• ” banning any individual or groups as far as Western Togoland issues are But for  the  intervention  of  Amnesty  International  and  some  key  players,  political prisoners of Western Togoland would have been executed in January 1976 as found on page 61 of The Amnesty International Report of 1975-1976.

EXILE: Prominent overlords and people of Western Togoland have to flee into exile in order to safeguard their lives because of the arbitral arrest and harassment they face under the hands of Ghana. Some as a result of their opposition to their inclusion into Ghana have become targets of the government in power and have since not returned to their thrones. Those who remained to fight for their rights were later killed. The government in power then installed wrongful people on the thrones of such individuals. This has led to many chieftaincy disputes we have in our territory up to today. Many families have also been displaced as a result.

NATURAL AND HUMAN RESOURCES: Although Western Togoland is significantly endowed with many mineral resource such as gold, crude, salt, bauxite, mercury, shell etc. poverty is at an unprecedented rate. The people have been marginalised and neglected in terms of development. Her communities are one of the poorest in the world. There is a large infrastructural deficit and a very high unemployment rate. Migration is classically on a high time rise. Some graduates resort to name change due to the tribal discrimination to get jobs in Ghana.

The citizenry are deprived from their entitlement as beneficiaries of what is there’s. This has only aggravated their impoverishment status as accrued generated revenue from Western Togoland has been diverted persistently through the appointees of the oppressive state. Their natural resources are being tapped illegally by Ghana. As such, their water bodies, environment and livelihood have been greatly affected.

LANGUAGE: The fear and feeling of being harassed and rejected when one is identified as a Western Togoland citizens have led to many not speaking their native language. They have been told time and time by Ghanaian statesmen and citizens that they are not Ghanaians. This has led to what is commonly known as the “Inferiority Complex Syndrome”. In anyway, they have been forced to learn and speak languages that are foreign to them. This unfortunately seems to be the status quo.

CULTURE: Citizens of Western Togoland have been greatly deprived of practicing their own culture. Anytime they happen to meet to discuss issues pertaining to their culture, history and tradition, they are arrested. This has worsened in most recent times.

INFRASTRUCTURE: Road network in the entire Western Togoland are very much deplorable. The only accessible road is the ECOWAS road. Since 1952 till today, various governments have abandoned the Eastern Truck/Corridor. This road leads the south to the north and further Burkina Faso as captioned in the most secret document and British Cabinet Memo of 1952.

Schools and hospitals are under infrastructure challenges leading to poor academic performances in certain areas.

CAUSES OF THE RECENT ACTIONS: Our current investigation reveals that there are over seven active groups in Ghana since 1994, openly and non-violently working for self-determination. In September 2020, one of the groups called Western Togoland Restoration Front, which Mr Michael Kwabla made the second symbolic declaration of independence few months after, the leaders of Homeland Study Group Foundation. (HSGF) made the first symbolic declaration of independence in November 2019 which as a result emanated the arbitrary arrest of the people of western Togoland till date.

1. The first declarations followed few weeks after the government did not include Volta region in the 2020 national budget which later the senior minister Yaw Osafo Maafo confirmed that it was an obvious mistake. Their question was that, why should you have 16 children and reject one. So now the rejected son had decided to be independent (graphic.com.gh, November 14- 2019).
2. The justification to Mr Michael Kwabla declaring the territory independent the second time has to do with the statement made by the MP of Adansi Asokwa Constituency, Honorable  KT  Hammond.  He  said  that  Voltarians  are  not Ghanaians but Togolese and had further referred them to their territorial history  that  shows  that  they  are  truly  not  Ghanaians.  (June, 28-2020 http//thebbcghana.com/don’t-allow-voltarains-vote-theyre-togolese-k-t- hammond/) and had indeed reminded them of their
3. The unbearable discrimination and intimidations on Ewes and Northerners by Ashantes in new Edubiase telling them to leave and that they are strangers who do not deserve to register as voters on Ashanti Wednesday July 08 2020 www.whatappnewsghana.com. How would you feel if you happened to be an Ewe?

They were arrested on the 26 October 2020 from the entire regions of Western Togoland, where they reside. They were taken to Accra, the capital city of Ghana some four – six hours’ drive away, further separating them from their families.

Detention in Accra was without legal purpose, they were charged with the following offenses;

1. The violation of the “Prohibited Organisations Act” of 1976 in a case proceeding before the

2 The Prohibited Organisations Act is an arcane and disused decree of dubious illegalities in Ghana, issued in 1976 by the Supreme Military Council, a military junta that ruled Ghana for four years in the 1970s. The decree violates basic principles of international human rights law by establishing a blanket ban over organizations working for self-determination of the people of the Volta Region and criminalizing all those engaged with those organizations in any way.

Specifically, the decree prohibits any organization “whose objects include advocating and promoting the secession from Ghana of the former British mandated territory of Togoland or part thereof or the integration of the said territory with any foreign territory.” The decree does not similarly prohibit such organizations focused on any other territory of Ghana. The act was discriminatory and targeted at a group of people.

Moreover,  the  decree  makes  it  a crime  punishable  by five  years  in prison: (a)  to summon any person to a meeting of the organization; (b) attend or cause any person to attend any meeting of the organization; (c) to publish any notice or advertisement relating to any meeting of the organization; (d) to prepare or participate

1 These regions of the said territory and the neighbouring Togolese Republic were once jointly-controlled by the German Empire and were later split into British Togoland and French Togoland.

During the period of decolonization, French Togoland became an independent state, the Togolese Republic, while British Togoland was merged into neighbouring Ghana, also under British domination, following a plebiscite that some dispute. 2 Available at https://lawsghana.com/pre_1992_legislation/SMC%20Decree/PROHIBITED%20ORG ANISATIONS %20ACT,%201976%20(SMCD%2020)/118

2. In any procession or propaganda, campaign of the organization; (e) to use any slogan or label of the organization; (f) to invite persons to support the organization;

(g) to grant a loan to, or make any contribution to, funds held or to be held by or for the benefit of, the organization or accept any such loan or contribution; (h) to give any guarantee in respect of such loan or funds as aforesaid; or (i) to be a member of such organization.

This decree does not appear to have ever been used since the establishment of democracy in Ghana with the Forth Republic in 1992. Critically, the groups have been openly engaging on the subject of “Western Togoland” since 1994 and no action appears to ever have been taken to designate have as an organization under the decree, nor does any member of the groups ever appear to have been prosecuted based on it.

3. This is unsurprising as its status as a lawful instrument is highly questionable in light of provisions in the current Constitution of Ghana that require laws enacted prior to the Constitution to be brought into line with Worst of it all, this decree has never been made public to citizens, neither is it in any of our educational books. It is also being made known to victims after they have been arrested. The Constitution of Ghana  explicitly   guarantees   basic   human   rights   and   fundamental   freedoms, including the equal application of the law and the rights to freedom of opinion, speech, association and assembly. As such, the use of the decree in this instance appears to be entirely arbitrary.

It appears to have been dusted off by the public prosecutor simply to justify the repeated arrests and detentions of Mr. Michael Kwabla and others in circumstances where there were no grounds or evidence on which to arrest or prosecute them under the ordinary criminal law of Ghana.

THE ARRESTS AND PROLONGED DETENTION

In recent years, members of the groups have been regularly arrested and detained for entirely non-violent activities. Its members have been arrested for wearing T- Shirts, holding  meetings  and  attending  peaceful  demonstrations.  A  pattern  has emerged in which participants in the group activities have been detained and held without charge for lengthy periods until a court either orders their release or the authorities release them knowing that a court will do so. These same people are then quickly rounded up and re-arrested https://unpo.org/article/22162 3 arrested restarting the procedural clock related to arrests and detention.

This appears to be a naked attempt by the authorities to use criminal procedure law as  a  means  of  silencing  non-violent,  protected  opinion,  speech,  association  and assembly. The above case appears to be evidence of yet another attempt in this regard, marking a significant escalation on the part of the government of Ghana.

Having  failed  to  find  any  charges  to  bring  against  members  of  the  groups,  the authorities appear to have decided to revert to a blunt instrument of oppression created by Ghana’s military dictatorship. In doing so, it presents a significant danger from the respect for human rights and the rule of law in Ghana as a whole.

The use of the Prohibited Organizations Act in this case sends a clear signal to the people of the Western Togoland: unlike every other citizen in Ghana, they have no right  to  hold  opinions,  form  organizations  or  speak  about  the  right  to  self- determination irrespective of whether they are doing so entirely non-violently, through lawful means and within the boundaries of the laws and principles governing democratic, public participation in Ghana.

Our appeal, as a consequence of the systematic pattern of continuous arrests and releases of the groups’ members as well as the use of the aforementioned decree is highly likely to be re-arrested, like many others.

In fact, many have  been threatened by the Prosecutors with re-arrests and denial of bail if they ever talks about Western Togoland again, further infringing on their right to  freedom  of  expression  and  freedom  of  assembly.  As such, although those released on bail, they still faces the threat of arrest and further detention

4. As in  the  case  of  those  released  indicates,  the  government  of  Ghana  has repeatedly disregarded international human rights standards within the five Regions that  constituted  Western Togoland.   Moreover, while not directly relevant to this application, it is worth noting here that the actions of the Ghanaian authorities not only constitute a violation of international law; but also simply bad

The government’s continued use of the Prohibited Organizations Act and criminal law more generally to deal with the non-violent self-determination movement in the five Regions that constitute Western Togoland is creating space for radical or violent groups.  As a result, the government’s actions are not only violating basic principles of democratic governance and international human rights law; they are making Ghana less safe for all of its citizens.

I humbly appeal to the international community and civil society organizations such as Amnesty International and all stakeholders on the corridors of peace to advice Ghana as a matter of urgency, expedite action to;

1. Declare the  arrest  and  detention  of  Michael  Kwabla,  Nene  Tawia  Agblom, Gbedema  John,  Afedo  Emmanuel  Harford,  Cephas    Zodanu,  Richard  Norgbodzi, Prosper  Avumenyi,  Samuel  Gagbetor,  Charles  Eloh,  Gbadago  Benjamine    Kplivi Benjamin, Afeku Isaac, dzreke  Abedneg, Tetevi Raphael, Jasper Mawulolo, Ametepe Richard, Atiga Dziwornu, Daniel Yevuga, Nyadzinyo devine. Awudza Godwin, Mortey Hope, Ahetor Liberty, Mohammed Sekey,   Isreal Kpexor, Kuvor, Wisdom, Ebenezer Eblorkpor,  Azuma  Kwabla,  Dorgbetor  Francis,  Apetorgbor  Kpogo  Awunyo  Kenedi Nukunu Edem, Tornye viadzi Kwami, Blu Raymond, Jery Kpeglo, Sesi Sylvanus,  Gale Vincent  and  25  others  arbitrary;  See  A/HRC/WGAD/2020/8,  Opinion  No.  8/2020 concerning Delankage Sameera Shakthika Sathkumara (Sri Lanka), Opinions adopted by the Working Group on Arbitrary Detention at its eighty-seventh session, 27 April –

1      May      2020,     22      May      2020,     para.     20,     51.        Available            at: https://www.ohchr.org/Documents/Issues/Detention/Opinions/Session87/ A_HRC_WGAD_2020_8_Advance_Edited_Version.pdf. 4

2. Call on the Ghanaian authorities to immediately release all Western Togolanders in custody and should do same if arrested
3. Declare the movements of Western Togolanders from their regions where there are high courts and circuit courts having competent jurisdiction for trial null and Thus, highly rendering those courts in these regions incompetent.
4. Call on the Ghanaian authorities to officially declare null and void the blanket ban of Section 1(1)(b) of the Prohibited Organisations Act, 1976 which states that “(1) The following organisations are hereby declared unlawful and prohibited, namely, (b) any other  organisation,  by  whatever  name  it  is  called,  whose  objects  include advocating and promoting the secession from the Republic of Ghana of the former British mandated territory of Togoland or part of that territory or the integration of that territory with a foreign territory”, which is contrary to the right to self- determination;
5. Call on the Ghanaian authorities to bring the Prohibited Organisations Act, 1976 into conformity with their international obligations, in particular, with Article 1, 9(3), 19, 21 and 22 of the International Covenant on Civil and Political Rights which Ghana ratified in
6. Call on the Ghanaian authorities to bring the Prohibited Organisations Act, 1976 into conformity with their Constitution; and
7. To examine the extent to which criminal law is being used to violate basic civil liberties in

Thank you for your time and consideration. Yours sincerely,

Adesbensoli ADESBEN SOMABE LI, ESQ.

Chapter Leader

Youth for Human Right International East – Africa.

 

Cc: UN special Rapporteur for freedom of opinion and expression UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association.

UN Special Rapporteur on the Rights of Indigenous Peoples. Special Rapporteur on the situation of human rights defenders Amnesty International

Africa Union