The UNPO recently submitted input to the Working Group on Arbitrary Detention (WGAD) in respect of the arbitrary arrests and detention of members of the Homeland Study Group Foundation (HSGF) – a group leading the non-violent self-determination movement for Western Togoland. This input is part of the WGAD’s follow-up procedure based on its opinion of 30 January 2023 which emphasised the arbitrary nature of George Nyakpo’ arrest – a leader in the movement, who faced 156 days in detention in 2021.
In its opinion, the WGAD found that Mr Nyakpo’s arrest was arbitrary on four out of the the five grounds for arbitrary detention as set out by the WGAD. In order to remedy the situation in Western Togoland and address the arbitrary arrests, the WGAD made certain recommendations to the Government of Ghana. This included, inter alia, the unconditional release of Mr Nyakpo, including compensation and reparations for his arbitrary detention, as well as urging Ghana to take active and immediate steps to ensure the situation is in accordance with international law and norms and to harmonise its laws and practices with international obligations.
In the follow-up letter to the WGAD, the UNPO highlights that in spite of the WGAD’s opinion, the circumstances for the people of Western Togoland has not improved. Those advocating for Western Togoland’s self-determination continue to be at risk of arbitrary detention by Ghanaian authorities – limiting their rights to freedom of assembly, expression and association, alongside the right of all peoples to self-determination. The basis of these arrests continues to be the unchanged Prohibited Organisations Act of 1976, which criminalises groups (such as the HSGF) working towards the self-determination of Western Togoland. Similarly, while Mr Nyakpo was released by the authorities, the formal charges against him still remain, with an official court order having been issued for his re-arrest on 8 February 2024 (also on the basis of the Prohibited Organisations Act). Mr Nyakpo’s activities have now been labelled as treasonous – an act which is punishable by death under Ghana’s Criminal Offences Act of 1960.
The UNPO remains concerned about the continued arrests and human rights violations in Western Togoland. As a result the UNPO has kindly requested that the WGAD build upon its previous opinion and further:
Publish a follow-up opinion addressing these recent violations and reaffirming the need for compliance with its initial recommendations, including the immediate cessation of arbitrary detentions, particularly those under the Prohibited Organisations Act of 1976;
Propose an official country visit to Ghana to directly assess the situation in Western Togoland and engage with Ghanaian authorities;
Encourage Ghana to actively engage with relevant UN mechanisms to facilitate alignment with international human rights standards and legislative reform; and
Provide guidance on further actions UNPO may take to support the realisation of these recommendations, including any potential avenues for advocacy or engagement with other international bodies.
The UNPO shall continue to support Western Togoland and is hopeful that the continued engagement with international human rights mechanisms, like the WGAD, will pressure Ghanaian authorities to address the issues at hand.
You can read the follow up letter to the WGAD here: UNPO WGAD FOLLOW UP LETTER .
