On 17 May, 2025, the UNPO celebrated the recent decision made by the Economic Community of West African States (ECOWAS) Court of Justice which found that the Republic of Ghana has breached the fundamental human rights of the peoples of Western Togoland, ordering the Government to pay $75,000 in damages.
The peoples of Western Togoland, represented by the Homeland Study Group Foundation (HSGF), are a distinct cultural group with a history that is deeply intertwined with the colonial and post-colonial developments in West Africa. The HSGF was founded in 1994 and promotes the self-determination of Western Togoland solely through non-violent means, including dialogue, protest, discussions of history and other non-violent symbolic acts. Ghanaian authorities have persistently targeted HSGF members, labelling their activities as offensive and treasonous conduct. Consequently, members of the HSGF frequently face arbitrary arrests and deprivation of their liberties and fundamental human rights in return.
In January, 2022, the UNPO made a submission to the Working Group on Arbitrary Detention (WGAD), detailing the criminalisation of the HSGF’s pursuit of self-determination through non-violent means and the consequent arbitrary detention of its members, particularly the arbitrary detention of HSGF’s leading member, Mr. George Kobla Nyakpo.
The WGAD subsequently issued an opinion declaring that Mr Nyakpo’s arrest was arbitrary based on four of the grounds for arbitrary detention as set out by the WGAD. Furthermore, it expressed that the Prohibited Organisations Decree which has been used to criminally charge members of the HSGF is worded vaguely and broadly. The Republic of Ghana was requested to bring its policies in line with international standards.
Despite the WGAD’s opinion, the situation in Western Togoland remained unchanged. In November 2024, the UNPO provided further information to the WGAD as part of its follow-up procedure, highlighting the continued arbitrary arrests and lack of improvement in the situation for the people of Western Togoland. At the same time, the HSGF brought the case before the ECOWAS Court of Justice challenging their arrest, detention, and prosecution by Ghanaian authorities under the 1976 Prohibited Organisations Decree. During the course of proceedings the UNPO provided a supporting statement on the matter.
On 16 May 2025, the ECOWAS Court delivered its judgment, finding that the detention of members of the HSGF were arbitrary. The Court further found that the Republic of Ghana was in breach of the fundamental human rights of the peoples of Western Togoland, both under Ghana’s Constitution and the African Charter on Human and Peoples’ Rights. While the Court is still finalising its decision on the facts of the case, it has already ordered the Government of Ghana to pay an amount of $2,500 in compensation to the members of the HSGF for their “unlawful, arbitrary detention”.
While the Court recognised that Ghana’s detention of certain members of the HSGF violated constitutional safeguards and Article 6 of the African Charter, the decision dismissed the claim to the right to self-determination. Even with these initial steps toward protecting the human rights of the peoples of Western Togoland, the decision also underscores the vital and ongoing need to bring self-determination, as a right for all peoples, to the forefront.
In light of the above, we call on the Republic of Ghana to uphold the Court’s decision and adhere to international legal standards and norms by ending its targeting of HSGF members and ensuring the respect for their fundamental human rights.
We further call on the Government to initiate meaningful dialogue with the people of Western Togoland to facilitate both the recognition of, and respect for, their rights including their right of self-determination. The right to self-determination forms a fundamental part of international law and is afforded to all peoples. This right, as described in international law, should be understood as a right to process through which peoples can determine their own destiny and have a voice in the form of their economic, cultural and social development, including their political status. In the case of Western Togoland, the exercise of this right may include the organisation of a democratic referendum, through which the people can freely express their will regarding their political future. We urge the Government to support and facilitate such a process, ensuring it is inclusive and consistent with international norms and standards for the realisation of Western Togoland’s rights.
The UNPO commends the HSGF’s unwavering commitment and dedication to non-violent advocacy, highlighting the critical need to provide a platform for unrepresented voices at different levels. This decision also demonstrates the potential for meaningful recognition of peoples, even within today’s current geopolitical context. The peoples of Western Togoland have faced ongoing repression, exclusion and criminalisation of their peaceful efforts, yet remained steadfast in their non-violent means. Their commitment is a reminder of the strength in non-violent resistance, even in the face of long-term repression. The UNPO continues to stand alongside the peoples of Western Togoland and remains hopeful that the final decision by the ECOWAS Court on the facts of the case will uphold the principles of justice, accountability, and the protection of fundamental human rights. We further encourage the Government of Ghana to remain open to meaningful dialogue with the people of Western Togoland in pursuit of an inclusive resolution.
