Frequently Asked Questions

This is not excluded. Victims have the right to seek recourse through the courts if they wish.   However, by choosing transitional justice, Togo wanted to prioritize forgiveness.

Reparations will be carried out publicly at three locations (Kara, Atakpamé, and Lomé) with the assistance and presence of bailiffs and public accountants, as well as the media and security services. The entire process will be broadcast by the press, radio, and television.

Such a person will not be able to benefit from this HCRRUN reparations programme. However, CVJR recommendation 35 states that:

” The CVJR recommends that the institution responsible for implementing this programme may also be vested with the power to receive reparation requests that have not been the subject of prior testimonies and to rule, according to objective criteria that will be defined in due course, on the possible eligibility for the reparations programme of the persons concerned.“

The HCRRUN inherited a reparations program developed by the CVJR where each victim is already categorized, with specific amounts.

No. Not all victims will receive money. Given the various forms of reparations mentioned above, some victims are more in need of medical, legal, and even social assistance.   

There are five (5) forms of reparations according to international standards. These are: restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition.

• Restitution refers to measures aimed at “restoring the victim to the original situation that existed before gross violations of international humanitarian law occurred,” for example, the restoration of liberty, the enjoyment of human rights, family life identity and citizenship, return to place of residence, and the restitution of employment and property;

• Compensation “should be granted for any damage resulting from gross violations of international human rights law and serious violations of international humanitarian law, which is amenable to economic assessment, as appropriate and proportionate to the gravity of the violation and the circumstances of each case” such as lost opportunities, loss of income, and moral damage; 

• Rehabilitation “should include medical and psychological care as well as access to legal and social services“;

• Satisfaction refers to a broad category of measures ranging from those aimed at stopping violations to the following: truth-seeking, searching for disappeared persons, recovery and reburial of remains, public apologies, judicial and administrative sanctions, commemoration and demoralization, and human rights training;

• Guarantees of non-repetition constitute another broad category that includes institutional reforms aimed at ensuring civilian control over armed forces and security forces, strengthening the independence of the judiciary, protecting human rights workers, providing human rights training, promoting international human rights standards among civil servants, law enforcement officials, media, industry, and psychological and social services.

No. CVJR Recommendation 36 states that: ”  all persons who have previously been subject to any reparations program implemented in Togo following certain events are excluded from the reparations program. In fact, various ad hoc administrative bodies had been created by decrees. These include:

• Presidential Decree No. 63-59 dated May 28, 1963, establishing a reparations commission;
• Decree No. 64-35 dated February 24, 1964, establishing a special reparations commission extended to persons who suffered physical or material harm or acts of spoliation directly attributable to acts of political discrimination that occurred during the period from April 27, 1958, to January 13, 1963;
• Presidential Decree of July 11, 1964, authorizing compensation for these victims.

These individuals can no longer benefit from the forms of reparation they received under these regulatory measures.”

No. The CVJR had a temporal mandate covering the period from 1958 to 2005, and only takes into account victims of political violence and serious human rights violations. Any statement that does not fall within this mandate cannot, therefore, be taken into account.

Similarly, at the end of the depositions, the CVJR conducted investigations to attest to the veracity of the recorded facts. If the studies and investigations show that the facts are proven, then the person is considered a victim entitled to reparations. They are then said to be “eligible.”  

HCRRUN relies mainly on the work of the CVJR to implement the reparations programme. The victims to be compensated are therefore people who were heard by the CVJR and recognized as such following inquiries and investigations conducted in accordance with its mandate.  

According to recommendation 34 of the CVJR, ” the beneficiaries of the reparations program are:

• any person, regardless of nationality, who has suffered harm as a result of politically motivated violations, serious human rights violations, committed during the period from 1958 to 2005;
• persons who have suffered harm, including physical or mental injury, emotional suffering, material loss, or a serious violation of their fundamental rights, as a result of acts or omissions constituting serious human rights violations.“

They must have been previously registered by the CVJR.

To implement the reparations program, the CVJR recommended that this component be entrusted to an independent institution enjoying management and financial autonomy. It then indicated that the High Commissioner for Reconciliation and Strengthening National Unity (HCRRUN), created in 2008, should be charged with this mission.

This is why the authority entrusted the implementation of the reparations program to the HCRRUN.

The reparations program is a recommendation of the Truth, Justice and Reconciliation Commission (CVJR), itself advocated by the Global Political Agreement (GPA) signed on August 20, 2006, between the stakeholders of Togo’s sociopolitical life, in its points 2.2.2 and 2.4, to shed light on acts of violence committed in the past. Thus, at the end of its work, the CVJR made 68 recommendations, including recommendation 34, which stipulates the reparations program.

23.1 Will HCRRUN grant victims reparations corresponding to the damages suffered?

The HCRRUN will do everything possible to grant victims fair and adequate reparations that take into account the wrongs done to them. However, it is sometimes difficult for the reparation granted to correspond exactly to the harm suffered by a victim. Through the reparations programme, the State recognises not only the status of victims but also their right to reparation, even if it cannot fully meet their expectations.

23.2 Will everyone who appeared before the CVJR as a victim be entitled to reparations?

Yes and no.

Yes if, after reviewing the files transmitted by the CVJR, the HCRRUN finds that all those who presented themselves as victims are indeed victims and that they are all eligible for the reparations programme in light of the criteria adopted.

No because if the studies and investigations show that the facts recounted by an alleged victim before the CVJR are false, then that person will not be able to benefit from a reparation measure. The same will apply to victims who participated in the violation of the rights of other citizens.

23.3 Who will determine these eligibility criteria for the reparation program?

Many criteria have already been developed by the CVJR, which included them in its recommendations. For example, the CVJR adopted a criterion stating that any victim identified as a perpetrator of abuses or serious human rights violations is excluded from the reparations programme (CVJR Recommendation No. 37). Generally speaking, only victims of political violence will receive reparations. Therefore, if the damages suffered by a victim fall under common law, they will not be able to receive reparation because these types of violations are not taken into account by the recommendations of the GPA, nor by those of the CVJR, and even less so by the mandates of HCRRUN (point 2.1 of the reparations program).

23.4 How will victims and the population be informed of these criteria?

Participants in the Notsé workshop held from July 21 to 25, 2015, on the theme: “victim reparation in the Transitional Justice process,” launched a “Call for Commitment” to all actors involved in the reconciliation process, as well as to HCRRUN officials, whom they asked to “make information relating to reparations available and transparent” by ensuring its wide dissemination through all communication channels. HCRRUN will make every effort to ensure that the entire population clearly understands the criteria for entitlement to reparations.

23.5 What is the immediate objective pursued by HCRRUN through this reparation program?

The objective sought through the reparations programme is to relieve victims’ suffering and soothe their hearts, since for many years these victims have borne alone the physical or moral pain linked to the violation of their rights. Reparations are also an expression of the solidarity of the entire population towards victims. As such, they help establish more harmonious relations among Togolese people and contribute to strengthening the bonds of belonging to the same country.

23.6 More broadly and concretely, what result does HCRRUN expect from the implementation of the reparation program?

Through the reparation program, HCRRUN hopes to create better conditions to consolidate peace and cohesion among all components of Togolese society. The reparation program is therefore a tool for affirming the identity of Togolese people, as it allows them to recognize themselves through their history and, above all, to redress the wrongs committed. Ultimately, it is a tool for strengthening reconciliation and unity among the Togolese people.

Citizens must support the HCRRUN’s activities by helping it convey messages of peace and living together, and by suggesting other activities that can foster satisfaction and the guarantee of non-repetition.

This is the result that will be achieved. When the reparation program is implemented, even if it does not fully repair the victims, there will be an atmosphere of peace and satisfaction that will foster good relations among citizens. This relationship will enable people to come together to build their communities.

Social cohesion means a positive change in relationships between inhabitants of the same community. These are people who have decided, at a given moment, to set aside their social, political, religious, and other differences to build their community together, overcome their difficulties together, and live in harmony.

Peace has several definitions. It means:

• a set of values, attitudes, and behaviors that enable an individual to live in harmony with themselves, with others, and with the environment;
• a situation in which individuals and communities state that they are satisfied with the relationships they have with one another and with the opportunities they have to modify these relationships;
• a way of behaving that implies mutual respect between people and acceptance of everyone.

It is the set of measures a State takes to provide satisfaction and/or compensation to persons it recognises as victims of violations within a given framework. This programme also enables the State to decide the timeframe within which these reparations will be made and what form they will take.

It does not consist in giving money to victims.

On the contrary, according to international standards, reparation can take five (5) forms, namely:

17.1 Restitution

Restitution includes, as appropriate: restoration of liberty, enjoyment of human rights, identity, family life and citizenship, return to one’s place of residence, and restoration of employment and property.

17.2 Compensation

It is understood as an economic assessment of each case, such as: physical or psychological harm; lost opportunities, including with regard to employment, education and social benefits; material damage and loss of income, including loss of earning potential; moral harm; costs incurred for legal assistance or expert assessments, for medicines and medical services, and for psychological and social services.

17.3 Rehabilitation

This is understood as medical and psychological care as well as access to legal and social services.

17.4 Satisfaction

It includes some of the following measures: effective procedures aimed at putting an end to ongoing violations; full and public disclosure of the truth; the search for missing persons, the identity of children who were abducted and the bodies of those killed, and assistance with the recovery, identification and reburial of bodies; restoration of dignity; public apologies, including acknowledgement of the facts and acceptance of responsibility; judicial and administrative sanctions against those responsible for the violations; commemorations and tributes to victims; etc.

17.5 Guarantees of non-repetition

They include measures that contribute to preventing violence and consist in: ensuring effective control of the armed forces and security forces by the civilian authority; ensuring that all civil and military procedures comply with international standards of due process, fairness and impartiality; strengthening the independence of the judiciary; promoting mechanisms to prevent, monitor and resolve social conflicts; reviewing and reforming laws that encourage or allow flagrant violations of international human rights law and serious violations of international humanitarian law.

It is important to note that, in terms of reparation and compensation, one can never promise the population what one does not have; attention must be drawn to each person’s reality and collective, real questions must be asked: where can the funds for individual reparation be found?

For this reason, each country that engages in the Transitional Justice process adapts these five standardized forms of reparation to its socio-cultural context.

Because it failed in its obligations to ensure the protection of citizens on its territory. In doing so, the State has incurred responsibility.

It is the State. In accordance with its domestic legislation and its international legal obligations, the State ensures that victims receive reparation for acts or omissions by its agents that may be attributed to it because they constitute violations of international human rights law or violations of international humanitarian law.

It is the recognition of an individual’s status as a victim and their subsequent right to obtain compensation for harm suffered.

In Transitional Justice, the goal of reparation is to be adequate, effective, and prompt. It must promote social justice by addressing violations of international human rights law or violations of international humanitarian law.

Transitional Justice is a victim-centred mechanism. It has a special procedure and can choose between criminal prosecution and the appeasement of hearts through a reparations programme or process. It operates within a time limit and under a specific mandate.

Contrary to popular belief, the Transitional Justice mechanism is not a factor of impunity, but rather a set of measures taken to combat impunity.

Classical Justice is Criminal Justice, i.e., a judicial mechanism with criminal procedures. It operates over an unlimited period of time, with a fairly wide range of evidence.

Transitional Justice is a form of justice in transition, situated halfway between traditional justice and restorative justice.

It is the set of judicial and non-judicial mechanisms aimed at helping a country move from a divided past towards a shared future.

It is based on four fundamental pillars:

• The right to truth or the need to know;
• The right to justice (restorative or criminal);
• The right to reparation; and
• The obligation to carry out institutional reforms as guarantees of non-repetition.

The HCRRUN submits a report at the end of each half-year and a consolidated annual report to the President of the Republic (see Article 8 of Decree No. 2014–103/PR).

HCRRUN’s final mission report is also submitted to the President of the Republic.

All these reports are made public.

In material and financial terms, its resources come from the State budget.

They also include donations or grants from Togo’s development partners and all other donors.

In terms of human resources, the HCRRUN may call on any resource person whose skills are deemed useful for the accomplishment of its mission.

Yes, the HCRRUN enjoys administrative and management autonomy.

The members of HCRRUN are appointed for three (3) years, renewable once, for an identical or different period (Article 5 of the decree of creation).

• President: Mrs. Awa NANA, Retired Magistrate, former President of the ECOWAS Court of Justice;
• First Rapporteur: Dr. Evalo WIYAO, Academic, Historian;
• Second Rapporteur: Mrs. Claudine Y. L. KPONDZO AHIANYO, Literature Specialist, former member of the TJRC.

Pursuant to Decree No. 2014-211/PR of December 24, 2014 on the appointment of members, the High Commission for Reconciliation and Strengthening of National Unity (HCRRUN) is composed of three members:

• A President;
• A First Rapporteur;
• A Second Rapporteur.

By carrying out the following actions:

• Propose all legislative, regulatory or institutional measures incorporating aspects of the CVJR’s recommendations on combating impunity, guarantees of non-repetition and reparations for victims;
• Propose to the President of the Republic all measures likely to facilitate the fulfilment of its mandate;
• Manage the funds allocated to the reparations programme;
• Initiate actions likely to help establish a calm social and political climate, necessary for national reconciliation;
• Promote the values of peaceful coexistence, a culture of dialogue and solidarity, and citizens’ participation in collective life based on acceptance of differences;
• Ensure respect for and effective achievement of the objectives aimed at combating impunity, promoting reconciliation, peace and national unity, by all bodies and all actors in national life;
• Ensure the preservation of the CVJR’s archives and assets during its mandate.

The HCRRUN’s mission is to implement the recommendations and the reparations programme developed by the CVJR.

The HCRRUN was created by Decree No. 2013/040 of May 24, 2014, issued by the President of the Republic and adopted by the Council of Ministers.

The signing of the Global Political Agreement (GPA) on August 20, 2006, by the actors of Togo’s sociopolitical life recommended in its points 2.2.2 and 2.4 the establishment of a Commission responsible for shedding light on acts of violence committed in the past and another responsible for providing relief to victims.

It is the High Commission for Reconciliation and Strengthening National Unity. It was established on the proposal of the Truth, Justice and Reconciliation Commission (CVJR)

in accordance with Recommendation No. 57, which suggests for this purpose the creation by law of a body responsible for implementing the reparations programme or, failing that, entrusting this mission to the High Commission for Reconciliation and Strengthening National Unity (HCRRUN), created in 2008.

It should be noted that the Truth, Justice and Reconciliation Commission (CVJR) had the ultimate objective of working towards national reconciliation, civil peace and political stability.