T/1343

REPORT OF THE UNITED NATIONS COMMISS~ON ON TOGOLAND Ut~DER FRENCH ADMINISTRATION

TRUSTEESHIP COUNCIL

OFFICIAL RECORDS: SEVENTH SPECIAL SESSION

(12-20 September 1957)

SUPPLEMENT No. 2

GENEVA, 1958 UNITED NATIONS ~-{;···· ~ ~ ~ iff ~

REPORT OF THE UNITED NATIONS COMMISSION ON TOGOLAND UNDER FRENCH ADMINISTRATION

TRUSTEESHIP COUNCIL

OFFICIAL RECORDS: SEVENTH SPECIAL SESSION

(12-20 September 1957)

SUPPLEMENT No. 2

GENEVA, 1958 NOTE

Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.

T/1343

December 1957

ii TABLE OF CONTENTS

Paragraph Page LETIER OF TRANSMITTAL, DATED 25 JULY 1957, FROM THE CHAIRMAN OF THE COMMISSION TO THE SECRETARY-GENERAL ...... 1

INTRODUCTION

A. Establishment and terms of reference of the Commission 1 B. Itinerary of the Commission 6 2 C. Methods of work ...... 45 4

J. BACKGROUND TO THE PRESENT SITUATION

A. Land and people 51 5 B. Ninth session of the General Assembly (September-December 1954) . 59 6 c. Fifteenth session of the Trusteeship Council (March 1955) . 61 6 D. Resolution adopted by the Territory Assembly of Togoland on 4 July 1955 62 6 E. Trusteeship Council Visiting Mission (August-October 1955), Special Report (18 October 1955) 66 6 F. Tenth session of the General Assembly (September-December 1955) . 68 7 G. Seventeenth session of the Trusteeship Council (7 February-6 April 1956) 69 7 H. The loi-cadre . 71 7 I. Eighteenth session of the Trusteeship Council (23 July-14 August 1956) 74 8 J. The new Statute of Togoland 83 9 K. The referendum of 28 October 1956 and the sixth special session of the Trustee- ship Council (10-18 December 1956) . 89 9 L. Eleventh session of the General Assembly (November 1956-March 1957) . 96 10 M. Modifications to the Statute (Decree of 22 March 1957) 100 10 N. Nineteenth session of the Trusteeship Council (March-April 1957) 101 10

II. THE INTERPRETATION GIVEN TO THE STATUTE BY THE FRENCH AND ToGO LAND AUTHORITIES . 103 10

A. The general status of Togoland under the Statute 106 11 B. The Togoland Legislative Assembly . 133 14 c. The Togoland Government 174 20 D. Togoland citizenship. 200 24 E. Division of competence 206 25 F. The High Commissioner of the French Republic . 272 32 G. The service of general co-ordination of administrative action 283 34 H. Miscellaneous provisions 294 36 I. Evolution of the Statute 301 36 J. Transitional provisions 308 37

III. THE SITUATION RESULTING FROM THE PRACTICAL APPLICATION OF THE STATUTE

A. Status of the Territory and its inhabitants 316 38 B. Political institutions of Togoland 320 39 c. Local Government: District and Municipal Councils and Chiefdoms 344 43 D. The civil service and the Africanization of the cadres 356 44 E. The main economic features of the Territory 365 46 F. The budget. 382 48 iii IV. POLITICAL CONDITIONS UNDER WHICH TilE STATUTE IS BEING APPLIED Paragraph Page A. Political parties: their programmes and aims . . . . . 395 50 B. The question of public freedoms ...... 423 53 C. The question of new elections to the Legislative Assembly 440 55

V. OBSERVATIONS AND SUGGESTIONS OF TilE COMMISSION 454 57

ANNEXES

I. BRIEF ACCOUNT OF THE MEETINGS IIELD WITH TilE AUTHORITIES OUTSIDE THE TOWN OF LOME AND THE RALLIES ATTENDED BY TilE COMMISSION AND SUMMARY OF TilE VIEWS EXPRESSED TO IT DURING THE ORAL HEARINGS GRANTED TO ORGANIZATIONS AND INDIVIDUALS • 61

II. TEXTS OF CERTAIN STATEMENTS, MEMORANDA AND OTHER DOCUMENTS A. Address delivered by Mr. Grunitzky, Prime Minister, at a rally organized at the stadium of Lome on 31 May 1957 ...... 73 B. Speech by Mr. Ajavon, President of the Legislative Assembly, at the meeting of the Assembly on 6 June 1957 ...... 76 C. Address delivered by Mr. Mama Fousscni, Minister of State, at a rally organized at Sokode on 14 June 1957 ...... 80 D. Statement by Mr. Fiawoo, Minister of Information and of the Press, at a public meeting at Tsevie on 4 June 1957 ...... 81 E. Address delivered by Mr. Sylvanus Olympio, Vice-Chairman of the Comite de !'Unite togo- laise, at a public meeting organized by his party at Lome on 29 June 1957 ...... · 83 F. Address delivered by Mr. King, Chairman of the Commission, at the CUT meeting held on 29 June 1957 ...... · · · · · · · · 83 G. Address delivered by Mr. Grunitzky, Prime Minister, at a reception given at Lome on 29 June 1957 before the departure of the Commission on Togoland ...... · · · · 84 H. Address delivered by Mr. King, Chairman of the Commission, at the reception on 29 June 1957...... • ...... 84 I. Speech delivered by Mr. Hermann Furney, Chairman of the Committee of the Parti togolais du progres (PTP) in the course of a hearing granted by the Commission . . · · · · · · · 85 J. Memorandum submitted to the Commission by the Comite de !'Unite togolaise (CUT) · · 86 K. Memorandum presented to the Commission by the Mouvement de Ia jeunesse togolaise (Juvento) ...... · · · · · · · · · · · · · · · 90 L. Memorandum presented to the Commission by the Mouvement populaire togolais (MPT) 92 M. Act of 6 June 1957 concerning the circumstances in which the Legislative Assembly may be dissolved ...... · · · · · · · · · · · · · · 93 N. The Togo land Government's position as regards a dissolution of the Legislative Assembly· 94 0. The Paris Agreements : (i) Proces-verba/ of the conclusions adopted during the conversations of 15 November 1956...... 95 96 (ii) Proces-verba/ of the meeting of 19 October 1956 · · · · · ·

facing page 98 III. MAP SHOWING THE ITINERARY OF THE COMMISSION • • •

iv REPORT OF THE UNITED NATIONS COMMISSION ON TOGOLAND UNDER FRENCH ADMINISTRATION (T/1336 and Add.l and 2)

LETTER OF TRANSMITTAL DATED 25 JULY 1957 FROM THE CHAIRMAN OF THE COMMISSION TO THE SECRETARY-GENERAL

I have the honour to transmit to you, in accordance with resolution 1046 (XI) of 23 January 1957 of the General Assembly, the report adopted unanimously by the United Nations Commission on Togoland under French administration.

(Signed) Charles T. 0. KING, Chairman, United Nations Commission on Togo/and under French administration

INTRODUCTION

A. ESTABLISHMENT AND TERMS OF REFERENCE "4. Recommends that, in addition to such further OF THE COMMISSION reforms as the authorities concerned may deem appro­ priate, the Legislative Assembly of the Territory should l. The Commission for Togoland under French be constituted, as soon as possible, by election on the administration was established by General Assembly basis of universal adult suffrage; resolution 1046 (XI) of 23 January 1957 in which its terms of reference were laid down. The operative part "5. Requests the Trusteeship Council to study the of this resolution reads as follows : question, taking into account the report of the Com­ mission, and to transmit the result of its study to the "The General Assembly, General Assembly at its twelfth session." " 2. The President of the General Assembly, at the " 1. Considers with satisfaction that the extent of 657th plenary meeting, in accordance with paragraph 3 powers transferred to the Territory of Togoland under of resolution 1046 (XI), nominated the following Member French administration by the Administering Autho­ States to be represented on the Commission : Canada, rity in consequence of the new political Statute of Denmark, Guatemala, Liberia, the Philippines and the Territory represents a very significant step in the Yugoslavia. achievement of the objectives of Article 76 of the 3. Thereafter, these Members appointed the following Charter and of the Trusteeship Agreement; representatives to compose the Commission : "2. Congratulates the population of Togoland under Mr. Charles T. 0. King (Liberia); French administration on the progress it has made in Mr. Jean-Louis Delisle (Canada); the political, economic, social and cultural fields; Mr. Hermod Lannung (Denmark); "3. Resolves to dispatch to Togoland under French Mr. Jose Rolz Bennett (Guatemala); administration a commission of six members, to be Mr. Victorio D. Carpio (Philippines); appointed on the basis of equitable geographical dis­ Mr. Aleksandar Bozovic (Yugoslavia). tribution by the President of the General Assembly, in order to examine, in the light of the discussions in 4. During the course of the Commission's visit to the Fourth Committee, the entire situation in the Ter­ Togoland, Mr. Lannung was obliged to leave the Terri­ ritory resulting from the practical application of the tory. Denmark then appointed Mr. Lars Tillitse to new Statute, and the conditions under which the replace him on the Commission. Statute is being applied, and to submit a report there­ 5. At the first meeting of the Commission, held at on with its observations and suggestions, to the Trus­ Headquarters, New York, on 29 April 1957, the Com­ teeship Council for its consideration; mission elected Mr. King (Liberia) as Chairman.

-1- I* B. ln:-.;mARY or TilE Cm.tMISSION by the Deputies for the cercle, MM. Nicolas Agou and Frederick Brenner, the commandant de cercle, the conseil , 6. D.ur!ng the period 29 April to 3 May 1957, the de circonscription, traditional Chiefs of the area and a ~ommtsswn held preliminary meetings in New York Reception Committee composed of members of all ~n. on.kr to organize its work, to set forth its tentative political parties. It spent its day in Palime meeting with ttmerary and to decide upon its methods of work. the conseil de circonscription, granting hearings and ~. The Commission reconvened in Paris on 22 May attending a rally of the CUT. It returned to Lome in 19)7 ~~n~ held conversations from 22 to 29 May with the evening by train. the Munster for Overseas France, Mr. Gaston De!Terre· 14. On the morning of 6 June 1957, the Commission the D~n.:ctor of Political Affairs of the Ministry of Over~ held a working meeting with Mr. Pierre Schneider, se~ts han_ce, Mr. Leon Pignon; the High Commissioner Minister of Commerce and Industry, following which it of th~ he.nch Republic in Togoland, Mr. Spcnalc; attended a meeting of the Legislative Assembly. In the the Counctllors of State, Mr. Guy Pcrier de Pcral afternoon, it had a working meeting with the Prime and Mr. Pierre Landron, and other officials of the Minister and his cabinet. On the morning of7 June 1957, Ministri;s of Overseas France and of Foreign A!Tairs. the Commission held working meetings with the High Mr. Apedo-Amah, Minister of Finance of the Togoland Commissioner of the French Republic, Mr. Spenale, Government, also participated in the conversations. It and with the President and members of the Legislative also held several private meetings during this time. Assembly. In the afternoon, it again granted hearings 8. On 29 May 1957, the Commission left Paris by air in the Cultural Centre. for Lorn~, :vherc it arrived on 30 May and was greeted 15. On the morning of 8 June 1957, the Commission by the Mmtster of State, on behalf of the Prime Minister held working meetings with the Minister of Public Health, an~ b~ .the Reception Committee. On the same day it Mr. Jean Richard Johnson, and the Minister of Informa­ patd vtstts to the Prime Minister, Mr. Nicolas Grunitzky, tion and of the Press, Mr. Fiawoo. In the afternoon, it and th: High Commissioner of the French Republic, made its first visit to Anecho, where its members were Mr. Spenale. guests of the Regent and the traditional Ministers of the 9. On 31 May 1957, the Commission was welcomed by King of Anecho. It visited the tombs of the Kings of the Togola~1d Government at a manifestation organized Anecho. In the afternoon it accepted an invitation for at the stadmm of Lome. The Prime Minister addressed a reception at the House of Adjigo, the rival rulers of the Commission on behalf of the Government and people the area, who are also members of the opposition parties. of Togoland 1 and the Chairman replied on behalf of 16. On Sunday, 9 June 1957, the representative of the s=ommission. On the same day it held private Denmark was obliged to quit the Territory to return to meetmgs for the organization of its work in the Territory. Copenhagen. 10. On the morning of 1 June 1957 the Commission was received at the Prime Minister's 'office and held a 17. On 10 June 1957 the Commission began its visits working meeting with the conseil de cabinet and the to the North, accompanied by the Minister of State, Pr.esident of the Legislative Assembly, Mr. Robert Mr. Mama Fousseni, who represented the Prime Minis­ Ajavon. Mr. Lannung, the representative of Denmark ter. It departed from Lome at 10.30 a.m. and arrived joined the Commission in Lome. ' at Nuatja, the southernmost subdivision of Atakpame, two hours later. The Commission was greeted by the .11. On th~ n:orning of 3 June, it held working meetings commandant de cercle, the Chief of the subdivision and wtth the M~mster of State in charge of the Interior, the Paramount Chief of the area. The latter two digni­ Postal Servtce and Telecommunications Mr Mama taries addressed the Commission at a ceremony. In the Fousseni, and the Minister of Agricuiture,. Animal afternoon, the Commission granted hearings and met Husbandry and Waters and Forests, Mr. Antoine Meatchi. with the conseil de circonscription. It then attended a In the afternoon, the Commission granted hearings at rally organized by the CUT which was dispersed by ensuing the Cultural Centre. rain. The Commission arrived after dark in Atakpame­ 12. The Commission visited the cercle of Tsevie on town in the pouring rain. 4 June 1957. It stopped five kilometres south of the town of Tsevie, at the village of Davie, where it was greeted 18. On 11 June 1957, the Commission paid brief visits by the regent .of the Canton of Davie-Assome and by to the prison, the hospital and the teacher-training Mr. Joseph Ftgah, one of the Deputies of the cercle. school. Late in the morning, the Commission held It p~oceeded on to Ts~vie where it was received by the conversations with the local Municipal Council and the ~m1ster for Informatwn, Mr. Emmanuel Fiawoo, who commandant de cercle, in his capacity as administrateur­ lS also a Deputy for the cercle, the commandant de cercle maire. The latter half of the Commission's day, which and th~ ~raditional <";hiefs of the area. Thereafter, the lasted till 9 p.m., was taken up with granting hearings Commtsswn met wtth the conseil de circonscription and attending rallies. granted ~earings and attended a rally organized b; ~9. On 12 June 1957, the Chairman and the represen­ the Comtte de !'Unite togolaise (CUT). tative of Yugoslavia visited the Akposso subdivision. En 1~ ..o~ 5 June 1957, the Commission took the train to r?ute, they stopped at Hiheatro to attend a rally orga­ Pahme, m the cercle of Klouto. It was met at the station mzed by CUT and to be received by the cantonal Chief of Akebou: In Badou, the Commission granted hearings 1 Text in annex II. and met w1th the conseil de circonscription. -2- 20. On the morning of 13 June 1957, the Commission de circonscription before continuing on to Sansanne­ visited the village of Anie, where it was addressed by the Mango, the headquarters of the cercle. Late in the traditional Chiefs of the area, the resettlement develop­ afternoon, it arrived at Sansanne-Mango, which lies ment for Cabrais at East-Mono and the lnstitut de beyond the Oti River, where it was greeted by the Para­ recherche du coton et des textiles exotiques (IRCTE) mount Chief and where it subsequently attended a rally at Kolecope, where they saw various strains in the deve­ organized by CUT. lopment of cotton in the area, as well as sisal fields. Mid­ 29. On the morning of 20 June 1957, the group met afternoon, the Commission said good-bye to the autho­ with the conseil de circonscription and granted hearings. rities of the cercle of Atakpame and greeted those of the It returned to Lama-Kara for the night. cercle of Sokode. It proceeded to Sotouboua, where it was addressed by the Chief of the canton, as well as by 30. The group of the Commission visiting Dapango a group representing the CUT. It arrived at Sokode also left Lama-Kara on the morning of 19 June 1957. It at nightfall. arrived at its destination in the afternoon, met with the conseil de circonscription and granted hearings. The 2l. The Commission spent the day, 4 June 1957, in following morning it began its trip back to Lama-Kara, Sokode. In the morning it met with the conseil de cir­ after paying a visit to the veterinary and agricultural conscription and the Municipal Council. It also made a centres. brief visit to the town. At noon, it attended a ceremony 3I. On 20 June 1957 the two groups rejoined in Lama­ held at the town square and organized by the local govern­ Kara and spent the night there before returning to Lome ment authorities. In the afternoon, the Commission the next day. attended a CUT rally and granted hearings. 32. The entire day of 21 June 1957 was devoted to 22. The Commission devoted 15 Jule 1957 to the cercle travelling the 435 kilometres from Lama-Kara to Lome. of Bassari. It was greeted in the town of Bassari by a The part from Lama-Kara to Blitta, in the cercle of ceremony at which one of the Deputies spoke. Follow­ Atakpame, was done by car. The portion from Blitta ing this, the Commission held a meeting with the conseil to Lome was done by rail. The Commission arrived de circonscription and then attended a rally organized back in the capital at 8 p.m. by the CUT. In the afternoon, the Chairman and the 33. The Commission began its final week in Togoland representative of Yugoslavia visited Kabou, while the on Monday morning, 24 June 1957, by holding working representatives of Canada and Guatemala heard peti­ meetings with the Minister of Public Works, Trans­ tioners in Bassari. The two groups returned to Sokode in the evening. portation, Mines, of the Economy and of the Plan, Mr. Lubin Christophe, and with the Minister of Finance, 23. On 15 June 1957, Mr. Tillitse, representative of Mr. Georges Apedo-Amah. In the afternoon, it held Denmark, arrived in Lome and joined the Commission another working meeting with the Prime Minister and in Lama-Kara on 17 June 1957. the Cabinet. 24. Before leaving the cercle of Sokode ·on 17 June 34. The Commission returned to the cercle of Anecho 1957, the Commission stopped at Bafilo to attend a on 25 June 1957. En route to the town of Anecho, it ceremony organized by the local government authorities made a brief stop at Porto-Seguro, where it was addressed and a rally organized by the CUT. by the local traditional Chief. It attended a rally organ­ 25. The Commission arrived in Lama-Kara about ized by CUT. In Anecho, it held meetings with the Muni­ noon. Before lunch, it was received at a ceremony held cipal Council and the Prince Regent, and attended a by local authorities and attended a rally organized by a rally organized by CUT. At midday, the Commission mixed committee of CUT and Juvento. In the afternoon, was received at Attitogon by the Chief. In the after­ it granted hearings. noon, the Chairman and the representative of Yugo­ slavia attended a rally organized by CUT in Vogan. The 26. On 18 June 1957, the Commission met with the representatives of Canada, Denmark and Guatemala conseil de circonscription of Lama-Kara. It then left for continued on, passing through Tabligbo, to make halts Niamtougou by way of the Massif Cabrais. At the peak at Ameguran to receive communications and at Kouve of the Massif it halted long enough to view the intense to attend a rally organized by the local government agricultural activity in the mountains. In Niamtougou, authorities. Returning to Tabligbo, the Commission it was received by the local authorities. The Commis­ met with the conseil de circonscription and attended a sion granted hearings in the afternoon before returning rally organized by CUT. The two groups returned to to Lama-Kara. Lome in the evening. 27. In order to complete its tour of the Territory, the 35. On 26 June 1957, the Commission granted hearings Commission divided into two groups to visit the last two in the morning and held a working meeting with the cercles in the north. The Chairman and the represen­ Council of Ministers in the afternoon. On the morning tatives of Denmark and the Philippines visited the cercle of 27 June 1957, the Commission granted hearings and of Mango and the representatives of Canada, Guatemala had a working meeting with the Prime Minister. Some and Yugoslavia went to the cercle of Dapango. members of the Commission were present at the official 28. On the morning of 19 June 1957, the first group opening of the Post Office building in Lome, the delegate arrived in Kande subdivision, where it was greeted by the of Guatemala representing the Chairman. local Deputy, the conseil de circonscription and other 36. The 27th and 28th of June were also devoted to local organizations. It held a meeting with the consei/ private meetings of the Commission. -3- 37. On 29 June 1957, the representative of Denmark the interior of Togo land, for the way in which he person­ and four members of the Secretariat left Lome, the latter ally facilitated the Commission's discharge of its duties. going directly to Geneva to make the necessary prepara­ The members of the Commission were guests at many tions for the meetings of the Commission at the European receptions and at various folklore manifestations, and Office of the United Nations. Those who remained in the Commission wishes also to place· on record its deep Lome completed hearings and attended a rally organized gratitude for these most gratifying experiences- the by the executive committee of the CUT. warm welcomes and overwhelming hospitality- which 38. The final official act of the Commission in the all sections of the population accorded to it everywhere Territory was the attendance at a reception offered by throughout the Territory. the Prime Minister in which the Chairman of the Com­ C. METHODS OF WORK mission addressed a farewell statement on behalf of the Commission, and the Prime Minister replied. 2 45. The Commission considered at its first organiza­ 39. The Commission left the Territory on 30 June 1957. tional meetings in New York what its methods of work It reconvened in Geneva on 8 July 1957. The meetings would be. The Commission adopted a number of deci­ held in Geneva on 8, 9, 10 and 11 July were devoted to sions, of which the following were the most important : discussions on the report of the Commission. (a) Meetings with the French and Togoland authorities will be conducted using the Statute of Togoland as the 40. On 11 July the Commission proceeded to Paris framework of the discussions. This would not preclude in order to meet with the new Minister for Overseas the consideration of other matters within the terms of France, Mr. Gerard Jaquet; the Director of Political reference of the Commission as stated in the resolution Affairs of the Ministry for Overseas France, Mr. Pignon; of the General Assembly; the representative of France to the Trusteeship Council, Mr. Robert Bargues; the High Commissioner, Mr. Spe­ (b) Oral hearings to representatives of political parties nale and other officials of the Ministries for Overseas and organizations will be granted; France and of Foreign Affairs. These meetings took (c) The Commission will consider invitations to poli­ place on 12 and 13 July 1957. tical rallies. Such invitations, either addressed to the Commission or to its members individually, will be 41. The Commission reconvened in Geneva on 15 July brought to the attention of the Commission before a 1957 and held meetings devoted to the consideration of decision is made on each particular invitation; the report until 25 July 1957. (d) Written communications on matters within the 42. The Commission was accompanied during its terms of reference of the Commission will be brought tour by the following members of the United Nations to its attention. Communications outside the terms of Secretariat: Mr. Jose A. Correa (Principal Secretary), reference of the Commission will be transmitted to the Mr. Ian E. Berendsen (Assistant Secretary), Mr. Gurdon Secretary-General for appropriate action. W. Wattles (Legal Adviser), Mr. Richard W. Wathen The decisions relating to oral hearings and to written (Assistant Secretary), Mr. George Makovsky (Adminis­ communications were published, together with the trative Officer and Interpreter) and Miss Colette E. Char­ Commission's composition, terms of reference and pentier (Stenographer). general itinerary, in a statement to the press issued on the 43. The Commission wishes to express its appreciation Commission's arrival in the Territory. to the Ministers for Overseas France, Mr. Defferre and 46. For the purposes of its discussions with the French his successor, Mr. Jaquet, the Director of Political Affairs and Togoland authorities, the Commission prepared a of the Ministry for Overseas France, Mr. Pignon, the detailed questionnaire on the interpretation and applica­ High Commissioner of the French Republic in Togoland, tion of the Statute, which was answered at length and in Mr. Spenale, the Councillors of State, MM. Perier de writing by each Government. The questionnaire was Feral and Landron and to other officials of the French supplemented by numerous oral questions. In addition, Government for the manner in which they facilitated the Togoland Government submitted to the Commission the task of the Commission and for the courtesy which a great deal of written material, in particular concerning they showed it. the operation of the various Ministries. The Commission 44. The Commission wishes to express its gratitude endeavoured, in its discussions with the individual Minis­ to the Prime Minister of Togoland, Mr. Grunitzky, the ters and with local representatives of the Government, to President of the Legislative Assembly, Mr. Ajavon, ascertain as exactly as possible the scope of the powers the Ministers of the Togoland Government and the offi­ which had been handed over to the Togoland authorities. cials of the Administration for the gracious manner in The information which it thus gained has been set out which they assisted the Commission in the fulfilment of by the Commission in chapters II and III of the present its duties, for their effective co-operation in all practical report. arrangements and for the very generous hospitality which 47. In addition to holding discussions with the Togo­ they extended to the members of the Commission. It land authorities, the Commission made itself accessible wishes in particular to thank Mr. Mama Fousseni, to representatives of all sections of public opinion in the Minister of State, who acted as representative of the Territory. By so doing, it not only heard various view­ Prime Minister during the Commission's tour through points concerning the interpretation and application of the Statute, but also was in a position to appreciate the • Texts in annex II. political atmosphere of the Territory and the conditions -4- under which the Statute was being applied. The Com­ 49. The Commission received about a thousand writ­ mission devoted about one-half of its stay in the Terri­ ten communications of various sorts, the majority of tory to contacts with representatives of local political them being brief, simple statements of support for the opinion, in the course of both private interviews and programmes of the various political parties. Other public meetings. In most cases, the initiative for such communications emanating from the local branches of contacts came from the representatives of the groups the party or from similar organizations were presented concerned, but the Commission attached much impor­ in more detail, and are referred to in annex I. The tance to meeting, where possible, the elected representa­ central committees of the various parties presented full tives of the local populations on the District Councils statements of their positions, which are summarized in and Municipal Commissions as well as representatives the main body of the report. Finally, some communica­ of sections of the population and the local members of tions which appear to have the character of petitions have the Legislative Assembly. The active social programme been noted by the Commission and transmitted to the of the Commission afforded it many opportunities for Secretary-General of the United Nations for appropriate more informal contacts. action under the rules of procedure of the Trusteeship Council. 48. The Commission received numerous invitations to attend political manifestations. Some of these were 50. The information obtained in these various ways by organized by the central or local authorities as an offi­ the Commission has been utilized throughout the report, cial welcome for the Commission. They consisted in the especially in chapters III and IV. In addition, a sum­ hoisting of the Togoland flag, the playing of the Togoland mary of relevant submissions made to it is reproduced national anthem and in one or two statements of a poli­ in annex I. The crowded nature of the Commission's tical character. In some centres, the government parties programme prevented it from seeking detailed comments invited the Commission to attend meetings of a more from the Togoland Government on many of the com­ partisan character. Finally, the opposition parties invited plaints which it received. When, however, they illustrate the Commission to attend meetings organized by them the present situation of the Territory, they have been in all except a very few of the localities visited. The mentioned in the annex and sometimes in the body of Commission accepted these invitations. It feels that it the report. It must be understood that they are not thereby added to its knowledge of the political atmosphere thereby, in the absence of specific comment, endorsed in the Territory. by the Commission itself.

CHAPTER I

BACKGROUND TO THE PRESENT SITUATION

A. LAND AND PEOPLE while those of the negroid type are predominant in the south. According to estimates given the Commission in 51. Togoland under French administration is a narrow the Territory, the population is 1,086,982. Of its total strip of land averaging 375 miles in length and 75 miles population, 535,558 live in the northern section and in width extending northward from the Gulf of Guinea. 551,424 in the southern section. It is bounded on the west by Ghana, and in the north and east by the French Overseas Territories of Upper 54. In the northern section, there are seventeen tribes, Volta and Dahomey respectively. It has an area of of which twelve number more than 5,000. The most approximately 30,000 square miles. important of these tribes are the Cabrais and Lassos, 52. The Territory is traversed in its central part by a the B'Mobas, the Cotocolis, the Gourmas, the Bassaris, chain of hills running roughly south-west to north-east the Konkombas, the Gangans and the Chokossis. and averaging 2,300 feet in height. North of that chain 55. Three of these tribes-namely, the B'Mobas, the lies a plain drained by the Oti River and its tributaries. Konkombas and the Chokossis - extend across the From the southern spurs of these hills, a plateau slopes western frontier into the northern part of Ghana, where gradually to a coastal plain. The coastline, about 30 miles they number about 30,000, 60,000 and 10,000 respectively. long, is formed by a stretch of flat sandy beach, partly Two other tribes, the Cotocolis and the Bassaris, have a separated from the mainland by a series of lagoons. fairly large number of their tribesmen living in Ghana, 53. The ethnic composition of the population is ex­ but not mainly in areas contiguous with their tribal lands tremely complex, and the tribal and cultural associations in the Territory under French administration. extend in an east-west direction across the frontiers into neighbouring territories, rather than in a north-south 56. In the case of the Cabrais and Lassos, a substantial direction within the Territory. The central chain of part of the population of these tribes had, under pressure hills which, in the past, has constituted a natural obstacle of over-population, migrated from their tribal lands to to migratory movements, roughly divides the Territory other parts of the Territory, in particular to the Sokode into two ethnically distinct sections. The northern and Atakpame areas, where they live in isolated but section is mainly populated by tribes of Sudanic origin, numerically important settlements. -5- 57. In the southern section, the main tribes are the 64. By a resolution of 4 July 1955, 4 and in conformity Ewes, the Ouatchis and Adjas, the Minas, the Akpossos with the Act of 16 April 1955, the Territorial Assembly and Akebos, and the Anas. requested the French Government " to give careful study 58. The larger part of the Ewe tribe lives in Ghana. to the future status of Togoland within the French Like the Ewes, the Ouatchis and Adjas and the Minas system" and specified "that such status should carry belong to the Benin group of peoples, and their languages with it explicit guarantees as to : and customs are similar to those of the Ewes. These two "Maintenance of the territorial, administrative and tribal groups, as well as the Arras in the north-eastern financial autonomy of Togoland, to the exclusion of part of the southern section, extend across the frontier all possibility of its being merged with any neighbour­ into the French Overseas Territory of Dahomey. ing French territory; "Opportunities for Togolanders to participate B. NINTH SESSION OF THE GENERAL ASSEMBLY fully in the conduct of their local affairs; (SEPTEMBER-DECEMBER 1954) "Maintenance of a single electoral college and pro­ 59. A new chapter in the history of both Trust Ter­ gressive establishment of universal adult suffrage; ritories of Togoland (Togoland under French adminis­ "Representation of Togoland in the Assemblies of tration and Togoland under British administration) and metropolitan France". of the Togoland unification problem was opened when 65. The Territorial Assembly also requested the French the United Kingdom Government announced on 21 June Government, once the status of Togoland was settled, 1954 that the Gold Coast was in the last stage of consti­ to take all steps to put an end to the Trusteeship System, tutional development before independence, and that after fresh consultation of the populations, if necessary, when, as would happen within a measurable period, the and counted on it to defend its decision before the United Gold Coast assumed full responsibility for its own affairs, Nations, citing the wishes of the Togoland population and it would no longer be constitutionally possible for the of their elected representatives in its support. United Kingdom Government to administer the Trust Territory as an integral part of the Gold Coast.3 60. By resolution 860 (IX) of 14 December 1954, the E. TRUSTEESHIP COUNCIL VISITING MISSION General Assembly requested the Trusteeship Council (AUGUST-OCTOBER 1955) to dispatch a special mission to the Trust Territories of SPECIAL REPORT (18 OCTOBER 1955) Togoland under British administration and Togoland 66. The periodic Visiting Mission dispatched by the under French administration to make a special study of Trusteeship Council to the two Togolands was also the problems arising from the above statement. requested to make the special study requested by the General Assembly. In its special report, 5 in which it C. FIFTEENTH SESSION OF THE TRUSTEESHIP COUNCIL made recommendations for a plebiscite in Togoland under (MARCH 1955) British administration, it noted, as far as Togoland under 61. By its resolution 1084 (XV) of 14 March 1955, the French administration was concerned, that there were Trusteeship Council decided, in conformity with Article clearly distinct differences of opinion on the important 87 of the Charter of the United Nations and with the re­ question of the political future of the country, and was quest contained in General Assembly resolution 860 (IX), interested to learn that the French administration itself to dispatch a Visiting Mission to the Trust Territories of contemplated holding in due course some form of consul­ Togoland under British administration and Togoland tation with the people ofTogoland under French adminis­ under French administration. tration to ascertain their wishes for the future, conse­ quent upon the resolution adopted by the newly-elected D. RESOLUTION ADOPTED BY THE TERRITORIAL ASSEMBLY Territorial Assembly, in favour of terminating the trus­ OF TOGOLAND ON 4 JULY 1955 teeship over Togoland under French administration, and its incorporation in the French Union. 62. On 12 June 1955, elections were held in Togoland for the renewal of the Territorial Assembly. 67. The Mission concluded that as a result of a further acceleration of progress in the field of political develop­ 63. As a result of these elections, which were held by ment, and of the implementation of certain important restricted suffrage, the Comite du Parti togolais du pro­ constitutional measures which the Administering Autho­ gres (PTP) obtained 15 seats in the Territorial Assembly rity was itself contemplating, the Territory should be in and the Union des chefs et des populations du Nord­ a position in a very few years to express its wishes regard­ Togo (UCPN) equally 15. The CUT did not participate ing the political future on the attainment of the objective in the election and the Mouvement populaire togolais of trusteeship, namely, self-government or independence, (MPT) did not succeed in having its candidates elected. and that the most effective and direct method of ascer­ On 22 June 1955, the Congress of the PTP unanimously taining such wishes of the people of Togoland under adopted a motion constituting the basis of its action and French administration would be, as in the case ofTogoland political objectives. This motion, mutatis mutandis, was under British administration, by a plebiscite. It no~ed subsequently submitted to the Territorial Assembly on that in the view of the Mission, the plebiscite should decide behalf of the PTP and the UCPN by Mr. N. Grunitzky and Mr. Mama Fousseni. • T/1206/Add.l, pp. 40-42. • A/2660. • T/1206. 6- whether the people ofTogoland under French administra­ be taken in the future to ascertain the wishes of the Ter­ tion wished self-government within the French Union, ritory's inhabitants respecting their future status. Since and on what conditions, or whether they desired the the general elections to the French National Assembly termination of their connexion with the French Union held on 2 January 1956, and the subsequent setting up and independence. 6 of a new Government of the French Republic, the Admi­ nistering Authority had not yet had sufficient time to F. TENTH SESSION OF THE GENERAL ASSEMBLY work out a procedure for consulting the population of (SEPTEMBER-DECEMBER 1955) Togoland with respect to its political future. Moreover, since a plebiscite was to be held in a few weeks in Togoland 68. At its tenth session, the General Assembly adopted under British administration, it was advisable to wait resolution 944 (X). The first part of this resolution deals until its results were known so as to avoid any interplay with the future of Togoland under British administration between two situations which, by their very nature, had and the organization of a plebiscite under the supervision to be dealt with separately. Accordingly, the French of the United Nations, on the basis of the arrangement delegation could not at that stage submit specific proposals proposed by the Visiting Mission. The second part with regard to the steps to be taken to ascertain the relates to the future of Togoland under French adminis­ wishes of the Territory's inhabitants with respect to the tration. It notes that the Administering Authority, political future of Togoland. Such proposals would be taking into account the views of the Territorial Assembly, submitted to the Council either at its next regular session, contemplates holding in due course consultations with or at a special session which the French delegation would the inhabitants of the Territory to ascertain their wishes request, if it proved necessary. in respect of the future of the Territory; it also notes the statement by the representative of France that his Govern­ 70. After having discussed the question in conjunction ment supports in principle the proposals made by the with its examination of the annual report on the adminis­ Visiting Mission; it endorses the conclusion of the Visiting tration of the Territory, the Council adopted a resolution Mission that the implementation of the contemplated expressing the hope that the Administering Authority political reforms will play a helpful role in enabling the would, in presenting its views to the Trusteeship Council, wishes of the inhabitants of the Territory as to their take into account, inter alia, the extent to which the future to be ascertained at an early date by direct and objectives of the United Nations Charter and the provi­ democratic methods ;7 it recommends that this consulta­ sions of the Trusteeship Agreement had been achieved, tion be conducted, as in the case of Togoland under the popular consultations envisaged for the future, the British administration, under the supervision of the further measures necessary to attain the objectives of the United Nations, and requests the Trusteeship Council to Trusteeship System, and such other relevant information undertake a special study of this matter in consultation as would facilitate the special study requested of the with the Administering Authority, and to report thereon Council by the General Assembly. to the General Assembly. H. THE LOI-CADRE G. SEVENTEENTH SESSION OF THE TRUSTEESHIP COUNCIL 71. On 24 June 1956 "Law No. 56-619 of 23 June (7 FEBRUARY- 6 APRIL 1956) 1956 authorizing the Government to carry out the reforms 69. In the course of its seventeenth session, the Trus­ and take the measures calculated to ensure the develop­ teeship Council considered this question in a preliminary ment of the Territories under the juridiction of the Min­ manner on the basis of a statement made on it on behalf istry of Overseas France", known as the "loi-cadre ", of the Administering Authority. The representative of was published in the Journal officiel de Ia Republique France stated that, as a result of the institutional and fran(:aise. 8 administrative reforms which had been introduced in 72. The loi-cadre provides the frame of reference within the Territory by the law of 16 April 1955, the people of which the National Assembly authorizes the French Togoland had reached a degree of political maturity Government, without prejudice to the expected reform which indicated that the objectives of the Trusteeship of Title VIII of the French Constitution and in order to System were close to achievement, and which would give the overseas peoples a more direct share in the man­ enable the Territory's future status to be determined agement of their own interests, to introduce by decree before very long. He further recalled that on 4 July certain reforms regarding the Territories under the 1955 the Togoland Territorial Assembly had unanimously jurisdiction of the Ministry of Overseas France. adopted a motion calling for an end of the Trusteeship System, but expressing the people's desire to continue 73. Article 8 refers exclusively to Togoland and reads its development in close association with France. The as follows: French Government had already stated officially that it "Article 8. The Government is hereby authorized felt bound to take account of the desire so expressed and to establish, by decree in the Council of Ministers, to act on it, particularly by ascertaining directly the after consultation with the Territorial Assembly and wishes of the people; furthermore, the General Assembly the Council of State, a Statute for Togoland. This had contemplated in resolution 944 (X) that steps would Statute must comply with the purposes defined in the Trusteeship Agreement as well as the principles laid 'T/1206, paras. 117-122. ' T/1206, para. 120. ' Journal officiel No. 146, 24 June 1956, pp. 5782-5784. -7- down in the Preamble of the French Constitution. It 78. The representative of France in introducing the shall specify the apportionment of jurisdiction and memorandum stated, inter alia, that the French Govern­ financial costs between the State and the Territory, ment had thought it desirable to postpone the submission the powers of the local assembly, the local executive of definite proposals regarding the Territory, until the and the members of the latter, and also the rights and Council had taken a decision on the results of the plebis­ liberties guaranteed to the Togolanders. cite held in Togoland under British administration. The "A referendum to be held on the basis of universal introduction of new institutions had consequently suf­ suffrage and by secret ballot, the date and the modali­ fered some delay which it was advisable not to prolong. ties of which shall be determined at the right time by All the Council could do for the moment was to appoint decree in the Council of Ministers, with the agreement a mission of observers. Later, after the referendum had of the Territorial Assembly, shall enable the popula­ been held, it would have to assess the results and to tions to choose between the Statute referred to in the submit to the General Assembly at its eleventh session any preceding paragraph and the maintenance of the proposals it might consider appropriate.10 Trusteeship System provided for by the Agreement of 79. The Council had before it a draft resolution pre­ l)ecember 13, 1946. sented by France, later modified to take into account an "The Statute shall come into force, on a provi­ amendment proposed by the United States of America.U 12 sional basis, immediately upon its publication in the In this draft resolution, the Council, taking note of the Official Journal of Togoland. Subject to the inter­ French Government's statements and of the fact that the vention of the International Act putting an end to the new Statute, in accordance with the loi-cadre, must Trusteeship System, it shall become definitive if the comply with the purposes defined in the Trusteeship results of the referendum provided for in the preceding Agreement, would have decided, while reserving the paragraph are favourable to it. final position of the United Nations as to the terms of the referendum and its stand with regard to future United "As long as the Statute shall remain provisional in Nations action in conformity with the obligations under character such a trusteeship as seems advisable (une Article 76 b of the Charter, to appoint a mission of obser­ tutelle d'opportunite) and which shall be defined by vers to observe the referendum and report to the Trus­ the transitional provisions of the Statute shall be teeship Council at a special session so that the Council exercised over the powers of the local authorities." may undertake the study requested of it and submit its conclusions to the General Assembly at its eleventh l. EIGHTEENTH SESSION OF THE TRUSTEESHIP COUNCIL session. (23 JULY -14 AUGUST 1956) 80. This draft resolution failed to be adopted by a tie-vote of 7 to 7. The members of the Council who 74. At its eighteenth session, the Trusteeship Council voted against the draft resolution based their opposition had before it a memorandum submitted by the Govern­ to the proposal of sending observers on the grounds that ment of the French Republic, communicated to the the Trusteeship Council had not had enough time to Secretary-General by the French delegation on 30 July consider the question, that the proposed plebiscite did 1956 9 in which reference was made to the provisions of not offer a choice between independence or continuing the loi-cadre concerning Togoland. It was stated in the trusteeship, that the full text of the new Statute of Togo­ memorandum that the draft Statute which the French land had not been made available to the Council, that Government was authorized to prepare for Togoland such a complex matter as a referendum could not be under the loi-cadre of 23 June 1956 was to be submitted considered by the United Nations except on the basis to the Territorial Assembly of the Territory for its of complete information, and that the Trusteeship Council opinion in the very near future. had not been authorized by the General Assembly to 75. After a brief description of the main features of the supervise any referendum for the purpose of terminating draft Statute, the memorandum added that the draft the Trusteeship Agreement. was in conformity with the objectives laid down by the 81. After the vote, the representative of France stated Trusteeship Agreement and Article 76 b of the Charter, that France refused to be a party to any procedure which in that it gives the Territory an autonomous regrme would delay the consultation. The referendum would, conceived in the spirit of the wish expressed by the therefore, take place at the appointed time and under Territorial Assembly on 4 July 1955. the conditions envisaged, but in the absence of United 76. The memorandum further stated that the French Nations observersP Government proposed to carry out the prescribed popular 82. The Council then decided to transmit to the General consultations under United Nations supervision and Assembly at its eleventh session the memorandum of the requested the Trusteeship Council to make immediate Administering Authority and to invite the Assembly's arrangements for the appointment of a mission of obser­ attention to the records of the discussion of this question 14 vers to follow the operation of the referendum to be held in the Council at its seventeenth and eighteenth sessions. in Togoland during October 1956. 1 ' T/SR.737. 77. The Council considered this memorandum from 11 T/L.731 and 732. 2 to 14 August 1956. "T/L.731/Rev.l. 1 ' T/SR.744, para. 72. 'T/1274/Rev.l. "Resolution 1499 (XVIII) and A/3169. _g...,. J. THE NEW STATUTE OF TOGOLAND ment and in the Territorial Assembly, and, consequently, the referendum which had been planned, within the limits 83. The draft new Statute of Togoland prepared by of its competence, by the Administering Authority took the French Government was submitted to the Territorial place on the scheduled date (28 October 1956) despite Assembly of Togoland. It gave its views on 14 August the absence of international observers. The French 1956, requesting twenty modifications, all of which were Government entrusted the organization and direction accepted by the French Government and incorporated of the referendum to a conseiller d'Etat, appointed as in the new Statute. Referendum Administrator (De/egue general au rejeren­ 84. The new Statute was approved on 24 August 1956 dum) and a staff of judicial officers from administrative by the French Government, published in the Journal organs or the courts, independent of the Executive, or officiel de Ia Republique franfaise on 26 August 1956 as officers of the overseas administration, selected to ensure Decree No. 56-847, and in the Journal officiel du Togo impartiality, from outside the Territory. on 30 August 1956. 91. The Administering Authority added that the refe­ 85. In accordance with article 8 of the loi-cadre, pro­ rendum was carried out by universal adult suffrage, and viding that this Statute shall come into force, on a provi­ that balloting took place in an atmosphere of complete sional basis, immediately upon its publication in the Jour­ calm. Out of a total of 438,175 electors registered, nal officiel du Togo, the new Statute became applicable on 335,778 votes were cast, of which 313,458 (or 71.51 per 30 August 1956, date on which the Territorial Assembly cent of the total registered electorate) were in favour of held its last meeting before changing its name to Legis­ the Statute of Togoland and the termination of the Trus­ lative Assembly. teeship System, and 22,320 (5.07 per cent) in favour of 86. On 4 September 1956, the members of the Terri­ the continuance of the Trusteeship System. torial Assembly met for the first time as Legislative 92. The Administering Authority concluded that, on Assembly. The President of the former Territorial the basis of their freely expressed wishes, the people of Assembly (Mr. N. Grunitzky) resigned, and Mr. Robert Togoland were overwhelmingly in favour of accepting Ajavon was elected President of the Assembly by 28 political autonomy and ending the Trusteeship System; votes (one member was absent, and there was one by this unequivocal choice, they had implicitly rejected abstention). any other solution with regard to their immediate future. 87. On 7 September 1956, the High Commissioner The Legislative Assembly of Togoland had, by its wish asked Mr. N. Grunitzky, Deputy of Togoland in the (vll'u) of 2 November 1956, urged the Administering French National Assembly, to form a Togoland Govern­ Authority to inform the United Nations of the result of ment. the referendum, during the eleventh session of the General Assembly. 88. On 10 September, Mr. Grunitzky obtained the approval of the Legislative Assembly by 28 votes (with 93. In the light of the popular vote of 28 October last one member absent and Mr. Grunitzky not participating) and the said wish of the Legislative Assembly, the Govern­ and became the Prime Minister of Togo land. ment of the French Republic considered that it was now impossible to allow the Autonomous Republic ofTogoland to remain any longer under the Trusteeship System. The K. THE REFERENDUM OF 28 OCTOBER 1956 AND THE French Government considered that the only solution that SIXTH SPECIAL SESSION OF THE TRUSTEESHIP COUNCIL was fair to the inhabitants of Togoland was for the (10-18 DECEMBER 1956) Trusteeship Council and the General Assembly of the 89. By a letter dated 6 December 1956, the French United Nations to take into consideration the deep­ delegation transmitted to the Trusteeship Council, through seated aspirations thus made manifest and to request the Secretary-General, a memorandum by the Govern­ the Administering Authority to take the necessary steps ment of the French Republic concerning the future of to terminate the Trusteeship Agreement of 13 December Togoland (T/1290). In this memorandum, the Adminis­ 1946, and, in particular, to abolish the machinery which tering Authority recalled its previous memorandum of gives it provisional control over the decisions of the 30 July 1956 on this subject, in which it had proposed to Autonomous Republic of Togoland under articles 39, hold a referendum under United Nations supervision on 40, 41 and 44 of the Statute. the new Statute of Togoland which was being prepared 94. On 8 December 1956, the French delegation trans­ in co-operation with the Togolanders. It recalled further mitted to the Trusteeship Council the report of Mr. Guy that, owing to an equally divided vote, the Trusteeship Perier de Feral, conseiller d'Etat, Referendum Adminis­ Council had been unable to adopt a draft resolution under trator in Togoland, on the popular consultation of which it would have decided, while reserving the final 28 October 1956 (T/1292). This document contains position of the United Nations as to the terms of the information on the organization and on the holding of referendum and its stand with regard to future United the referendum. Nations action, to appoint a mission of observers to 95. The Trusteeship Council heard statements by observe the referendum and report to the Council. Mr. Georges Apedo-Amah, Minister of Finance of the 90. The French Government stated that it had been Government of Togoland, and Mr. Guy Perier de Feral, unable to agree to delay the democratic procedure of Referendum Administrator in Togoland, who were both population consultation which had been demanded by members of the French delegation to the Trusteship the representatives of the population concerned in Parlia- Council. Questions were put to the representative of -9- France by members of the Council. On 14 December land's institutions were functioning and how its Statute 1956, the Council decided to transmit to the General was being applied. Mr. Gaston Defferre, Minister of Assembly, in an addendum to its special report (A/3169) Overseas France, stated that the French Government, the memorandum of the Administering Authority, the which was responsible for Togoland 's foreign relations, report of the Referendum Administrator in Togoland and associated itself with that invitation. Later in the debate, the list of petitions and communications relating to the Mr. Defferre explained that his Government would be question of the future of the Trust Territory of Togoland in a position to consider abandoning its request for the under French administration. termination of trusteeship in 1957 if the further course of the discussion and the substance of the resolutions L. ELEVENTH SESSION OF THE GENERAL ASSEMBLY adopted were acceptable to France. (The resolution (NOVEMBER 1956- MARCH 1957) was finally adopted by the Committee with the affirmative vote of France.) 96. During the consideration of this question by the 99. The Fourth Committee recommended to the Gene­ Fourth Committee at the eleventh session of the General ral Assembly a draft resolution that was later adopted Assembly, the Minister of Overseas France, Mr. Gaston in the plenary meeting of 23 January 1957, and which Defferre, reported on the changes introduced in Togoland establishes the present Commission and lays down its by the new Statute and reiterated the request that the terms of reference. Trusteeship Agreement for the Territory be terminated. A memorandum by the Togoland Government to that 15 M. MODIFICATIONS TO THE STATUTE effect was circulated to members of the Committee. (DECREE OF 22 MARCH 1957) Statements were also made by two other members of the French delegation, Mr. Georges Apedo-Amah, Minister 100. As a result of wishes (va?ux) emitted by the Legis­ of Finance of Togoland, who submitted the above­ lative Assembly of Togoland on 28 December 1956 and referred memorandum, and Mr. Guy Perier de Feral, 13 February 1957, the Statute was amended by another Referendum Administrator, who reported to the Com­ Decree of 22 March 1957 (Decree No. 57-359), promul­ mittee on the conduct of the referendum which it had gated in the Journal officiel de Ia Republique franraise been his responsibility to organize. No. 70 of 23 March 1957. The amendments are de­ 97. Before its general debate, the Committee heard scribed in chapter II of this report. statements by petitioners appearing on behalf of the Union des chefs et des populations du Nord-Togo, N. NINETEENTH SESSION OF THE TRUSTEESHIP COUNCIL the Parti togolais du progres, the Traditional Chiefs of (MARCH-APRIL 1957) the South, the Traditional Chiefs of the North, the 101. The Trusteeship Council, during its nineteenth Mouvement populaire togolais, the Mouvement de Ia session, considered the 1956 Report of the Administer­ jeunesse togolaise, and the All-Ewe Conference. ing Authority on conditions in this Trust Territory. 98. During the debate, Mr. Apedo-Amah, a member During the discussion, and in reply to questions put by of the French delegation, introduced as the Minister of members of the Council, the representative of France Finance of Togoland, informed the Committee that elucidated certain problems related to the interpretation the Government of the Autonomous Republic of Togo­ of the Statute. land would be happy to welcome a United Nations 102. The Council decided to postpone making recom­ information mission to observe at first hand how Togo- mendations on political conditions in the Territory until after the Commission appointed by the General Assembly 15 A/C.4/34l. presented its report.

CHAPTER II

THE INTERPRETATION GIVEN TO THE STATUTE BY THE FRENCH AND TOGOLAND AUTHORITIES

103. The Commission, in the course of its conversations importance of interpretations made in an official capacity in Paris with the Minister of Overseas France and high by those now responsible in the first instance for the officials, and in Lome with the Prime Minister and his practical application of the Statute. Should, however, Cabinet and officials of the Government of Togoland, difficulties over interpretation remain unresolved by put questions both in writing and orally, and those them, final and binding interpretations would be made, questions were answered in the same way. This chapter on the basis of the texts of the Statute, by the French is mainly based on the answers given by the French and Conseil d'Etat under the conditions described later in Togoland authorities. They are reported by the Com­ this chapter in connexion with articles 12, 22, 26 and 39. mission for the purpose of information and do not 104. In addition to summarizing the French and necessarily represent the Commission's own opinions or Togoland answers, this chapter gives a brief account of evaluations, which are set out in chapter V below. The the evolution of each article of the Statute, and also answers of the French and Togoland authorities have the mentions the more important laws and regulations -10- adopted under the Statute which interpret and apply which provided that Togoland laws should respect the its provisions, as well as various agreements concerning principles contained in the Preamble of the French Con­ its application which have been concluded between the stitution. But those principles constituted only a decla­ competent authorities of France and Togoland. ration of fundamental rights and freedoms which France 105. This chapter is divided into ten main headings, had long defended. Such an argument was no better which correspond to the ten titles of the Statute. Under grounded than to say that respect for the Universal each heading the various articles of the Statute as amended Declaration of Human Rights, also required by article 10, by decree of 22 March 1957 are set out and under each implied an annexation. article the various kinds of information described above 111. The reciprocal enjoyment of rights and freedoms are given. by French and Togoland citizens, provided by articles 23 and 25 of the Statute, had also been criticized. But it A. THE GENERAL STATUS OF TOGOLAND should not be forgotten that each State may determine UNDER THE STATUTE the persons who benefit from its political rights, and that no rule of international law obliges a State to reserve Article I. Togoland is an Autonomous Republic, those rights to its nationals alone. The very text of whose relationship with the French Republic, based article 25 showed that Togoland citizens were not French on a community of thought and of interests, is defined citizens. in this Statute. 112. The same arguments applied, in the opinion of The position of Togo/and the French Government, to criticisms made against in relation to the French Constitution (article I) article 3 of the Statute, which provided for the participa­ tion of elected Togoland representatives in the central 106. The Commission put inquiries to the French and organs of the French Republic. That participation had Togoland Governments about the status of Togoland existed before the Statute, and in providing for it the in relation to the French Constitution. French legislature had not gone contrary to the obliga­ 107. The view expressed by the French Government tions of the trusteeship but rather beyond them. was that the Constitution had nothing to say about what 113. After the end of the trusteeship, in the view of the that status involved, and none of its provisions were French Government, the position of Togoland would be applicable to Togoland. The position of Togoland could determined solely by its Statute, since the rules binding be established, therefore, only by reference to the Trus­ on Togoland and defining its organization were contained teeship Agreement, for as long as it continued in force, in that document alone. Article 60 of the French Con­ and to the Statute. stitution added nothing to the status of Togoland while 108. The French Government recalled that its position under the trusteeship, and would neither add nor take was set out in detail in the 1952 report of the Trustee­ away anything when the trusteeship disappeared. Togo­ ship Council to the General Assembly on Administrative land was not included in the organic framework of the Unions (A/2151). As to the situation before the Statute French Constitution. was put into effect, it was observed that the French 114. The Togoland Government was in accord with Constitution of 1946 could not prejudice Trusteeship the French position as to the period before the adoption Agreements which had not been concluded at the time of the Statute. As to the period after the Statute was of its adoption. As those Agreements would necessarily adopted, that Government's view was that, since the entail an association between territories and the Adminis­ Statute came into force, Togoland was no longer an tering Power through the establishment of a whole body "Associated Territory" within the meaning of article 60 of rights and obligations binding them to each other for of the French Constitution; that provision, which was the duration of the Trusteeship, the French Constituent simply intended to provide a legal category into which Assembly provided a reference to Trust Territories in Trust Territories would fit, no longer corresponded to article 60 of the Constitution. This reference, however, the present realities and legal situation. The relations consisted of simply naming the category to which Togo­ between France and Togoland were defined by the Sta­ land belonged, in order to avoid a confusion between tute which, despite its form of a unilateral decree, was that category and other categories of territories, particu­ really a bilateral instrument, whose adoption and modi­ larly Overseas Territories, and in order to make it clear fication required the consent of both Togoland and beyond a doubt that Togoland, like the Cameroons, was France. Togoland could consequently be considered an outside the French Republic, and in a speical position "Associated State". Togoland had the three essential of international origin. characteristics of an Associated State under article 60 109. The situation after the Statute was, in the view of the Constitution. First, it was a State, with a complete of the French Government, unchanged. It was not true State organization and general internal sovereignty. to argue that the Statute meant integration of Togo1and Second, its position was governed, in accordance with into the French Republic. The guarantee of the integ­ article 60 of the French Constitution, "by the act defi­ rity of the territorial limits of Togoland in article 2 of ning its relations with France"; the Constitution made the Statute was not a form of integration; France on no provision concerning the legal nature of such an act. various occasions had granted such a guaranty to weaker Third, Togoland was represented in the Assembly of the nations which, like Togoland, had asked for it. French Union. 110. Objections of the same kind, the French Govern­ 115. The Togoland Government observed that the ment observed, had been made to article 10 of the Statute, fact that Togoland, unlike other Associated States, was -11- represented in the French National Assembly as well, Fousseni), was recommended by the Assembly's Politi­ was no objection to considering it an Associated State. cal Committee, and was explained by its sponsors as an There was nothing in the Constitution to prevent such insurance against possible attempts to integrate Togoland representation from being provided in " the act defining into wider African entities, and as being intended to its relations with France", as was done in article 3 of the make impossible the fusion of Togoland with any neigh­ Statute. That was a matter to be settled by such an act bouring territory, whether Dahomey, Niger or the Gold on the one hand, and by a French law on the other. In Coast (as it then was). The Territorial Assembly unani­ the case of Togoland, it was to be expected, in view of the mously adopted the new article, which was incorporated fact that a certain number of important matters had been in the decree of 24 August 1956. placed in common, that Togoland should participate in 119. The Commission inquired what international the working out of legislative provisions, and that was agreements were envisaged by the phrase "within the the reason why the previously existing parliamentary framework of international agreements". The French representation had been maintained by the provisions Government replied that the phrase covered all interna­ of the Statute. The Prime Minister ofTogoland, however, tional agreements, whatever they were, and simply stated that the present representation was of a provisional recalled the principle of constitutional law according to character pending constitutional amendments to title VIII which the action of governmental authorities is bound of the French Constitution. by international acts. 116. The participation of Togoland in the French 120. The Togoland Government replied that the phrase Parliament did not, in the view of the Togo land Govern­ covered the United Nations Charter, in respect of its ment, mean the continued exercise of French sovereignty articles on the maintenance of international peace and over Togoland. French sovereignty had been exercised security; agreements which the French Republic, in the over the Trust Territory of Togoland solely by virtue of name of Togoland, might be led to sign in order to the United Nations Charter and the Trusteeship Agree­ guarantee its international security (there being no such ment, and not by virtue of the French Constitution or of agreements at present); and the agreements on the delimi­ the participation ofTogoland representatives in the French tation of frontiers between Togoland and Dahomey, Parliament. It was the maintenance of the Trusteeship Ghana and former British Togoland. In the view of alone that allowed French sovereignty over Togoland to the Togoland Government, the phrase did not apply to continue, and that sovereignty would disappear on the the Trusteeship Agreement, as the article covered the day when the Trusteeship was ended. It was maintained period after the end of that regime. further that in reality France, by the provisions of the Statute, had in practice and in law renounced the exer­ cise of its sovereignty. Article 3. The Autonomous Republic ofTogoland, through its elected representatives, shall participate 117. In any event, the Togoland Government recalled, in the functioning of the central organs of the French there was a widespread desire for the amendment of Republic. Under the conditions prescribed by the title VIII of the French Constitution, and in any amend­ laws concerning the formation of the assemblies of ment new categories reflecting the new organization of the French Republic, Togoland shall be represented the French Union would doubtless be established, which in the Parliament and in the Assembly of the French would clear up any legal ambiguities which might exist, Union, and may be represented in the Economic while respecting the rights granted to Togoland under Council if occasion arises. the Statute. All the drafts for the amendment of title VIII The French Republic shall be responsible for suggested the abandonment of the provisions relating defence and foreign relations. to Associated States. The statement that Togoland was an Associated State was made solely in order to show Representation of Togo/and in the central organs the changes which had occurred in the relations between of the French Republic (article 3) France and Togoland since the promulgation of the Statute. What was involved was only a classification in 121. The original French draft of article 3 mentioned terms of the French Constitution, which clearly had no only representation of Togoland in the French Parlia­ international significance. ment and in the Assembly of the French Union. The Territorial Assembly on 14 August 1956 amended the Article 2. The French Republic shall, within the draft by the addition of the words " the Economic framework of international agreements, guarantee Council". The text as embodied in the Statute provides the integrity of the territorial limits of theAitonomous for representation of Togo land in the Economic Council Republic of Togoland. "if occasion arises" (" le cas echeant "). 122. At present Togoland is not represented in the Guaranty of the integrity of the territorial limits of Togo/and Economic Council, but the Togoland Government hopes (article 2) that such representation may be obtained. There is 118. This article was added to the Statute as the result one deputy from Togoland in the French National of an amendment made on 14 August 1956 by the Togo­ Assembly, there are two Senators in the Council of the land Territorial Assembly to the draft presented by Republic, and there is one councillor in the Assembly of France, which contained no such provision. The amend­ the French Union. Togoland representation in the ment, proposed by three members of the Territorial French assemblies will be discussed in more detail in Assembly (Dr. Ajavon, Mr. Grunitzky and Mr. Mama the next chapter below. -12- 123. The Commission asked about the constitutional The scope of the "Affairs proper basis of this representation. The French Government to the Autonomous Republic of Togo/and" (article 5) replied that the sole bases were article 3 of the Statute 128. The Statute contains no enumeration of the powers and the French laws in force, which had not been changed. and functions exercised by the Togoland authorities. Thus, the basis lay outside the Constitution, and was to The Commission therefore put inquiries on the point to be found in the sovereign power of the French National the French and Togoland Governments, and received Assembly to determine by law its own composition and replies both orally and in writing. methods of election, without any possibility of appeal to a higher instance. 129. Both Governments took the position that all 124. The representation of Togoland in the French powers and functions not expressly reserved to France organs is not in the same proportion to the population by the Statute- whether legislative, executive or judi­ as the representation of metropolitan France. This cial- were within the competence of Togoland. situation was explained by the Togoland Government 130. Both Governments also supplied non-exhaustive as resulting from the fact that the powers of the French lists of matters which constituted the affairs proper to assemblies in regard to Togoland were strictly limited Togoland. These lists were largely identical in sub­ by the Statute, and were consequently incomparably stance, but were drawn up on the basis of somewhat less great than their powers respecting metropolitan different methods of analysis. The lists prepared by France. It was observed that nevertheless the rules both Governments are set out below. concerning the right of suffrage in Togoland and in 131. The French Government's list is as follows: metropolitan France for elections to the National Assem­ bly were practically identical. " By reason of the very generality of the compe­ tence of Togoland, it is obviously impossible to give Responsibility of France for defence and external relations a complete enumeration of matters within that com­ (article 3} petence. It will be recalled, however, that it extends 125. Article 3 provides that the defence and foreign to the principal sectors of the public life of a nation, relations of Togoland are the responsibility of the French and in particular : Republic. This provision is worked out in more detail "To the general organization of the country and in other articles of the Statute. For example, article 26 to its internal political affairs : provides that legislation and regulation concerning "Maintenance of internal public order, safety external affairs and fedence are for the central organs (surete), general security and police; of the French Republic. Article 27 provides that the " Electoral systems; services responsible for defence, external security and frontier police remain French services charged against "Creation, organization and supervlSlon (tutelle) the French budget. Article 31 deals with the respon­ of secondary collective units (collectivites) both sibility of the High Commissioner for external security urban and rural; and defence. The precise scope of article 3 in this res­ "Organization of the representation of economic pect will be discussed under those more detailed articles interests; below. "Status of persons and property, except for that relating to French citizens; Article 4. The French Republic shall delegate a "Judicial organization, except for that relating High Commissioner to Togoland. to justice under French law; Appointment of a French High Commissioner (article 4) "Organization and remuneration of the public service, etc .... 126. The original French draft of the Statute sub­ mitted to the Territorial Assembly in August 1956 pro­ "To the financial system, and in particular : vided that France should delegate a " Commissioner" "The budget; to Togoland. That was the title borne by the principal " Taxes, assessments, etc .... French official in the territory before the promulgation "To the internal economic life of the country: of the Statute. The Territorial Assembly amended the "Organization and development of the economy article to change the title to "High Commissioner", in of Togoland; order to break with the legal and administrative past of "Commercial activities, industry, agriculture, the territory, and to indicate the administrative and animal husbandry, waters and forests, hunting and political development of the country. The Territorial Assembly's amendment was incorporated in the Statute fishing; as promulgated on 24 August 1956. "Concessions of public works and services; "Co-operative and mutual undertakings; 127. The functions of the High Commissioner are provided in title VI (articles 30 to 32) of the Statute, and "Public lands; granting of land and forest conces- will be discussed in detail in connexion with those articles. sions; "Town planning and public works; Article 5. The affairs proper to the Autonomous "Transport and communications; Republic of Togoland shall be managed by a Togo­ "Transmissions, postal service, telegraph, tele- land Legislative Assembly and a Togoland Govern­ phone, radio-telecommunications and radio broad­ ment, under the conditions set forth below. casting, etc .... -13- 2 "To social betterment and education: " Radio broadcasting; " Social matters in general; " Scientific research; " Public health and public hygiene; "D. Social Affairs: "Old-age insurance, social insurance, family "Conditions of labour (except for the Labour allocations, workmen's compensation; Code); "Application of the Labour Code; " Social security, family allowances; "Instruction at the primary, secondary, higher, "Social aid, public assistance; professional and technical levels, but excluding "Public health, hygiene; curricula and examinations in instruction at the "Education on the primary, secondary and secondary and higher levels, etc. higher levels, professional and technical educa­ "To the means of diffusion of thought: tion (except for curricula and examinations at the "Information, press, radio broadcasting, and secondary and higher levels); postal services, telegraph and telephone (already "Physical education, sports; mentioned), etc ...." " E. Private law : 132. The Togoland Government's non-exhaustive list "Status of persons and property (except for that is as follows : concerning French citizens); "A. Political and administrative organization : "Customary civil status; "Commercial legislation (except for the Commerce "Administrative organization of the Autonomous Code); Republic of Togoland; "Penal legislation (except for the Penal Code)." "Organization of communes : creation, func­ tioning, powers, finances, etc. ; B. THE TOGOLAND LEGISLATIVE AsSEMBLY "Electoral law; "Organization of the representation of economic Article 6. The legislative power shall be vested in interests; the Togoland Legislative Assembly. The decisions "Organization of justice, except for justice under of the Assembly in this field shall be termed " laws French law and administrative courts; of Togo land ". "Public employment: status of civil servants and The Assembly shall be elected for five years, by agents, remuneration, retirement, etc .... universal direct suffrage. "Protection of the exercice of public freedoms; The general scope of the legislative power (article 6) "Information and the press; 133. The scope of the legislative power which belongs "Regime of religions; to the Legislative Assembly is limited by the boundaries of the affairs proper to Togoland,16 which are fixed by "B. Functioning of the Autonomous Republic : the Statute. Limitations are also established by article 10 "Financial system of the Autonomous Republic : of the Statute (see below). Moreover, it is provided by budget, accounting, loans, etc .... a law 17 adopted by the Legislative Assembly that with " Fiscal system; certain listed exceptions, administrative acts, whether "Public lands; individual or collective, which are necessary for the management of Togoland affairs in conformity with "C. Economy: laws and regulations in force, are for the executive branch (the Togoland Government), and hence those " Economic affairs; acts are not within the competence of the Legislative "Plan of development and investments, organiza- Assembly. tion and development of the economy; 134. Nevertheless, certain acts of administration (actes " Internal commerce; de gestion) are discussed and approved by the Legislative "Credit; Assembly. These acts are exhaustively enumerated in "Agriculture; the law as follows : "Animal husbandry; " 1. Creation, suppression, changes of boundaries "Waters and forests, hunting, nver fishing, or of name of secondary communities (collectivites) or maritime fishing; public establishments. " Co-operatives, mutual societies, agricultural "2. Determination of the plans of large public works. credit; "3. Classification and declassification (classement "Town planning, housing; et declassement) of the artificial public domain and in "Public works; particular of Togoland roads, canals, ponds and " Railroads, and transport by road, sea and air; airfields. "Maritime registrations; "Postal system, telephones and telegraphs, tele­ 16 See above under article 5. communications; 17 Law No. 56-2 of 18 September 1956, articles 26, 31. 14- "4. Concessions of public works and services. than five years' duration or covering an area of more "5. Tariff of rents and royalties on public pro­ than 1,000 hectares. perty (redevances domaniales). "Approval of plans of subdivision of urban conces­ "6. Acceptance of offers of sharing Togoland sions when the total area of the subdivision, added to expenditures. that of lots already approved, amounts to twenty "7. Method of management of real property of the hectares or more." Autonomous Republic of Togoland. Elections to the Legislative Assembly (article 6) "8. Without prejudice to the provisions concerning urban or rural concessions, the acquisition, alienation, 135. The provision of article 6 that the Legislative exchange, use, change or purpose or of use, division Assembly is elected for five years by universal direct of property, leasing for more than three years or suffrage is to be read in conjunction with article 40, one actions resulting in the extension of a lease for more of the transitional provisions of the Statute, which pro­ than three years, of real or personal property of the vides that the Territorial Assembly in office became the Autonomous Republic of Togoland, whether or not Togoland Legislative Assembly upon the promulgation assigned to a public service. of the Statute, and that the duration of its powers cannot exceed its present term of office. As the Territorial "Nevertheless, assignment of such property to Assembly was elected on 12 June 1955 for a term of five Togoland ministries and services shall be decided on years, the term of the present Legislative Assembly will by the Council of Ministers. last until 11 June 1960, unless that body is previously "9. Bringing or maintaining legal actions in the dissolved. The method of dissolution is discussed under name of the Autonomous Republic of Togoland. article 13 below. "Nevertheless, the proceedings relating to actions 136. The Commission made inquiries of the French for annulment before administrative tribunals against and Togoland Governments whether the conditions of decisions in the form of regulations or decisions in exercise of universal direct suffrage in elections to the individual cases which are made by a Togoland autho­ Legislative Assembly and other representative organs in rity are exempted from these formalities, and are Togoland were within the competence of Togoland, or carried out with due diligence by the Council of whether they were reserved to France as part of the Ministers. system of public freedoms mentioned in article 26. Both "In the case of urgency, the Prime Minister may, on Governments replied that the Togoland Legislative As­ the decision of the Council, bring or maintain any sembly could adopt laws and the Togoland Government action or defend against one without legislative autho­ could adopt regulations of application on the subject, rization, which, however, he shall be bound immediately so long as the principle of universal direct suffrage was to request if the Legislative Assembly is in session, or not infringed. Togo land law 18 provides that the. J?ethod at the opening of the next session if it is not; he may of election to the Togoland Assembly, the conditJOns of also take any measures of conservation (actes conser­ eligibility, the system of ineligibiliti~s an~ incoml?ati­ vatoires). bilities, and the conditions under which umversal direct "10. Transactions concerning the rights and obli­ suffrage is exercised, are determined by law. gations of Togoland relating to disputes involving 137. The Legislative Assembly has not yet adopted over a million francs. any law concerning elections of its members. The laws " 11. Acceptance or refusal of gifts and legacies in force before the Statute on elections are abrogated made to the Autonomous Republic ofTogoland, when to the extent that they are incompatible with the provision their value on the day they vest in the Autonomous in article 6 for universal direct suffrage (see below under Republic of Togoland is over a million francs or when article 14). Therefore, the legal position regarding t_he the gift or legacy involves expenses. elections, particularly bye-elections to fill any vacan~Ies "The Prime Minister may at any time, on the deci­ which may occur, is not yet entirely clear. An eJecti.on sion of the Council, accept, as a measure of conserva­ law will presumably be adopted by the Legislative tion, the gifts and legacies referred to in the preceding Assembly to clarify the matter. paragraph. "The law which is later adopted shall take effect as The composition and organization of the day of the Prime Minister's acceptance. of the Legislative Assembly (article 6) " 12. Insurance on the real and personal property 138. The Legislative Assembly has adopted a law 19 of Togoland. making detailed provisions on some points concerning "13. Investment and transfer of funds of the Auto­ its composition and organization. It is, for example, nomous Republic of Togoland, borrowing, loans, provided by the law that there is a?- i~compatibility guaranties and surety-bonds made or granted by the between being a member of the Legislative Assembly Autonomous Republic of Togoland. and holding any public function remunerated from the funds of France, Togoland, or any public body. An "14. Grant of rural agricultural concessions of exception in this regard is made in the case of traditional 200 hectares or more and of forest concessions of over 500 hectares, and the approval of the list of charges annexed to the act of concession as well as the grant of "Law No. 56-2 of 18 September 1956, modified by Law No. 57-8. temporary permits for forest exploitation of more 19 Ibid. -15- chiefs. Provisions are also made concerning resignation, Territorial Assembly, the Togoland representatives had loss of office, and parliamentary immunities. thought it dangerous to let a slight majority of the 139. The same law also provides that the Assembly Assembly upset the customary family structure. While holds three regular sessions a year, beginning in February, Y ogoland could not be denied the power to alter cus­ May and October; special sessions may be convoked tomary law, any alterations, it was felt, ought to be on the written request of the Prime Minister or of half subject to special procedures. the members of the Assembly. The members of the 144. Consequently, the French draft submitted to the Assembly may put oral or written questions to the Minis­ Territorial Assembly provided that laws modifying ters, who are bound to answer them. rules of customary civil status could be voted only after 140. The Assembly has adopted rules of procedure receiving the opinion of the conseils de circonscription, which closely follow French models. Under these rules, and by a majority of two-thirds of the members of the the Assembly has three standing committees : one com­ Assembly. By a decision of 14 June 1956, the Territorial mittee dealing with political affairs, universal suffrage, Assembly amended the text so that only the conseil or the rules of procedure and petitions; a second dealing conseils de circonscription which were concerned would with internal affairs, and a third with finance and econo­ be consulted; it was considered useless to consult councils mic questions. The Assembly is also authorized to in the south, for example, about a change in a northern appoint special committees when it so desires. custom. 145. No legislation subject to article 8 has yet been Article 7. The Prime Minister, in Council of adopted, though it is understood that a draft law on Ministers, and the members of the Assembly shall chefferies is being prepared. have the right to introduce draft laws of Togoland. Article 9. The Togoland Legislative Assembly Power of initiative in the Legislative Assembly (article 7) may provide correctional or police penalties (peines 141. The Statute originally provided that the Council correctionnelles ou de simple police) for violation of of Ministers and the members of the Assembly had the the laws of Togoland. power of initiative in respect of Togoland laws. In its Penalties which may be imposed by the Legislative Assembly ~ish (va?u) of 13 February 1957, however, the Legisla­ tive Assembly requested that the expression "the Council (article 9) of Ministers" in article 7 (and in article 22 as well) 146. In reply to an inquiry by the Commission, the ~hould be replaced by the phrase "the Prime Minister, French and Togoland Governments stated that the m Council of Ministers", and this change was made in expression "peines correctionnelles ou de simple police" the amendments of 22 March 1957. The result of the is to be interpreted in accordance with the French Penal change is that the introduction of draft legislation by Code, which was adopted in 1807 and which is within the executive branch, which formerly involved a collec­ the competence of the central organs of the French tive decision of the Council of Ministers, is now a matter Republic under article 26. Peines correctionnelles for the decision of the Prime Minister alone. Such draft include imprisonment up to a maximum of five years; laws, however, continue to be discussed in the Council temporary suspension of certain civic, civil or family of Ministers (which is presided over by the High Com­ rights (right to vote, right of eligibility, right to hold missioner or his legal replacement : see below under public office, right to carry arms, certain family rights article 16). and the right to be a witness in court); and fines. Peines de simple police comprise imprisonment for from one to 142. The majority of the laws so far adopted have been ten days, fines from 200 to 24,000 francs, and confisca­ introduced by the Government. Some, however, have tion been on the initiative of individual deputies. of certain objects which have been seized. 147. The Legislative Assembly cannot deal with Article 8. Laws of Togoland which alter the rules matters covered by the Penal Code itself, which is within of customary law relating to civil status may not be the sole competence of the central organs of the French voted upon until the views of the conseil or conseils Republic. The Assembly can, however, impose penal de circonscription concerned have been obtained sanctions on acts not covered in the Code. and shall require a majority of two-thirds of the mem~ 148. Examples of penal sanctions imposed by Togo­ hers of the Assembly for their adoption. land laws are a law on protection of the Togoland flag 20 which provides fines and imprisonment for outrage Modificationsofrules of customary civil status (article 8) or injury to the flag, and a law 21 providing that those 143. A special procedure was proposed in the French responsible for a business firm which mentions the name draft submitted to the Territorial Assembly for Togoland and position of a member of the Council of Ministers laws which modify the rules of customary civil status. or of the Legislative Assembly in its publicity are subject During the Commission's conversations at the Ministry to a fine of from 120,000 to 720,000 francs, and, in case of Overseas France it was explained that the reason for of a second offence, to a year's imprisonment and the special provision was the extreme importance of 720,000 francs' fine. text~ .concerning the. customary status, and the great sens!t~v~nes~ of l?ubhc opinion to changes therein. In •• Law No. 57-7 of 28 March 1957. the uutJal d1scussrons before submission of a draft to the 21 Law No. 56-2 of 18 September 1956.

16- . Article 10. Laws of Togoland and the regulations (ii) The principles set forth in the Universal Declaration tssued by the authorities of the Autonomous Republic of Human Rights and in the Preamble of the French ofTogoland must be in conformity with treaties inter­ Constitution national conventions, the principles set forth 'in the Universal Declaration of Human Rights and in the 153. The Commission put questions to the French preamble to. the Constitution of the French Republic, and Togo land Governments on the effect of these ·clauses as well as with the provisions of this Statute. of article I 0. The French Government replied that the limitations on the legislative power of Togoland which resulted from these clauses were the same as those in all Limitations on Togoland powers of legislation countries which had subscribed to the Universal Decla­ and regulation (article 10) ration of Human Rights, a text which, like the preamble 149. The Commission was interested to ascertain as of the French Constitution of 1946, reproduced and c.le~rlY. as possible what was the practical effect of the broadened the principles of the famous French "Decla­ lurutatwns provided in article 10 with respect to Togo land ration of the Rights of Man and of the Citizen" of 1789. laws and regulations, and consequently put questions The French Government added that, for example, a on the subject to the French and Togoland Govern­ Togoland law on the civil service could not forbid access ments. to Togoland posts to women as such, because of the preamble of the Constitution; and in the :same way, a Togoland law on status of persons could not authorize (i) Treaties and international conventions enslavement, because of the Universal Declaration. 150. The French Government informed the Commis­ 154. The Togoland Government replied that the prin­ sion that treat~es an~ conventions applicable to Togoland ciples inscribed in the Universal Declaration of Human m.ust be published m the Journal officiel of Togoland, Rights applied to almost all members of the United With the decree of publication. Before the Statute, it Nations, who had accepted them. Those principles often h.appened that for financial reasons very long overlapped very often, if not in absolutely all cases, conventiOns were not published in full in the Journal with those set out in the preamble of the French Con­ officiel of Togoland, and it was likely that this custom stitution. Those principles, which were recognized in the would continue. In that case, the decree of publication whole world, constituted the necessary basis of all modern would be published in Togoland and the text of the democratic life. convention itself could be consulted in the Journal officiel of the French Republic. 155. It may be assumed that in practice the limitation imposed by the phrase in question is simply the necessity 151. As to whether the Togoland Government was of observing generally recognized basic human rights, ~onsulted concerning the application of treaties and and that it does not amount to obliging the Togoland mternational conventions to Togoland, the French Legislative Assembly and Government immediately Govern'?ent replied that the application of treaties and to put into effect all the goals set out in the Declaration conventiOns on Togola~~ matters was the responsibility of Human Rights and the Preamble of the French Con­ of the Togoland authonties. In regard to the extension to Togoland of international conventions when the stitution. question had arisen in practice, the Togoland authorities 156. The Commission inquired of the French Govern­ had been consulted. ment what was the bearing on the status of Togoland of 152. The Togo land Government stated that publication the sixteenth and seventeenth paragraphs of the preamble of a treaty or convention in the Journal officiel of Togoland of the Constitution. The sixteenth paragraph of the took p~ac~ after their promulgation by arrete of the High preamble provides that France forms, with the peoples CommiSSIOner. In practice, the High Commissioner of her Overseas Territories, a Union based on equality would make such an arrete of promulgation only after of rights and duties, without distinction as to race or consultation with and agreement by the Togoland religion, and the seventeenth paragraph provides that G.overn~ent; no text was made applicable to Togoland the French Union is composed of nations and peoples WI~hout Its consent, and Togoland could, in an appro­ who shall place in common or co-ordinate their resources pnate case, request the French Republic not to apply and their efforts in order to develop their respective civi­ one. Nothing prevented the French Government from lizations, further their well-being and ensure their security. consulting the Togoland authorities before the drafting In the meetings with officials of the Ministry of Over­ of a. treaty or convention covering Togo land; this would seas France, it was replied that the reference to the ~bvwusly be done when the subject matter of the conven­ preamble of the French Constitution envisaged only the tion was a matter. 'Yithin the competence of Togo land, general rights of man, and not the very broad and impre­ or ~hen the provisiOns of the international agreement cise definition of the French Union in the two paragraphs specifically referred to Togo land. The Togoland Govern­ mentioned. m~nt could, if it thought appropriate, consult the Legis­ lative Assembly, ~nd the Legislative Assembly, by means Article 11. Before the expiration of a period of of an oral questiOn or an interpellation, could induce ten clear days from the adoption of a law ofTogoland, the Togoland Government to give it all information on the High Commissioner may, in a message giving his a~y conversations which the Togoland Government reasons, request the Assembly for a new deliberation; might have with the French Government. such a request may not be denied. 17- 2* Upon the expiration of this period, or if the High was also stressed by the Togoland Government that a Commissioner has signified that he will not use his request by the High Commissioner under article II had rights under the preceding paragraph, the law shall only the consequence of delaying the legislative proce­ be immediately promulgated under the signature of dure, since the Assembly was always free to adopt its the Prime Minister, countersigned by the competent text again without any special majority being required. Minister or Ministers. It shall be published in the Journal officiel of the Autonomous Republic of Article 12. Within a period of ten clear days from Togoland. the second reading, the High Commissioner may apply to the Conseil d'Etat, sitting as a court, for a The right of the High Commissioner to ask declaration that the Assembly has exceeded its a new deliberation by the Legislative Assembly (article 11) powers, if he considers that the law of Togoland 157. The original French draft Statute submitted to constitutes a violation of the provisions of article 10 the Territorial Assembly provided for the promulgation above. of Togoland laws by the French Commissioner. On This time period and this application have the 14 August 1956, the Territorial Assembly adopted an effect of suspending the promulgation of the law. amendment eliminating the reference to promulgation The application must be ruled on within a period of by the High Commissioner, in order, it was said, to not more than six months; if the Conseil d'Etat fails affirm that the general power of management belonged to hand down a decision within that time, the law really and effectively to the Prime Minister, and not to shall become operative at once. the High Commissioner, whose role should be one of representation and supervision, and whose powers of The High Commissioner's right of appeal administration concerned only the French services. to the Conseil d'Etat (article 12) 158. The Commission inquired what kind of reasons 160. Article 12 provides that the High Commissioner could be invoked by the High Commissioner in request­ can have recourse to the Conseil d'Etat sitting as a court, ing a new deliberation by the Legislative Assembly. The when he considers that a Togoland law adopted after French Government replied that the High Commission­ a second reading violates the provisions of article 10. If er's right in this regard was to be understood by reference he exercises this right, promulgation of the law is sus­ to the procedure in article 36 of the French Constitution, pended. By an amendment added to the article by the which gave a similar right to the President of the Republic. Territorial Assembly on 14 August 1956 and incorporated The High Commissioner's right should be envisaged in the final text, the action brought by the High Commis­ under two aspects. In the first place, it was a necessary sioner under article 12 must be judged within a maximum preliminary to the High Commissioner's bringing an period of six months, and if the Conseil d'Etat has not action before the Council of State and, as such, the right decided within that period, the law becomes immediately could be exercised only within the framework of articles applicable. 10 and 38 of the Statute, and therefore could not be 161. Article 12 provides the only judicial review to based on reasons outside those articles, in particular on ensure that Togoland laws conform with the Statute and reasons of expediency. In the second place, quite apart with the other obligations set out in article 10. There from any situation of conflict with the Statute, the High is a more widely available judicial review of regulations Commissioner's right could be a means of calling the and administrative decisions made by the executive, attention of the Legislative Assembly to any point such however, which will be discussed below under article 22. as a material omission, an error of form or an error of 162. It was stated that in the case of laws adopted by drafting. In that case, the Legislative Assembly, at its the French Parliament, there was no judicial review to second reading, would have the absolute right to decide determine whether they were in accordance with the whether or not to take account of the observations made Constitution; there was only the procedure of a Consti­ by the High Commissioner in his message. From that tutional Committee, provided in articles 91 to 93 of the point on, it was a question of a flexible procedure of Constitution- a procedure which had not yet been liaison between the High Commissioner and the Assembly. invoked. Togoland laws, on the other hand, are subject 159. The Togoland Government replied that the right under the provisions of article 12 to judicial review on the of the High Commissioner to request a second delibera­ ground of conflict with the Statute, and also of conflict tion from the Legislative Assembly was limited only by with the other obligations mentioned in article 10. the obligation to give reasons for that request. He 163. The judicial review of Togoland laws may be could, consequently, rely either on legal reasons or on had only by the High Commissioner, and not by any reasons of expediency; the purpose was to avoid precipi­ other person or authority. The original French draft tate action by the Legislative Assembly, which was a submitted to the Territorial Assembly in August 1956 legislature with only a single chamber. In practice, it provided that within a period of two months following should be noted, first, that the High Commissioner had their publication in the Journal officiel of Togoland, not yet used that right, and second, that the obligation to Togoland laws could, when it was alleged that they were give his reasons prevented him from having resort to made in violation of the provisions of article 10, be the motives of expediency which would be within the compe­ subject of a · recourse to the Conseil d'Etat, sitting as tence of the Togoland Government, unless it was at a court, by any natural or legal person concerned; such the request of the Togoland Government itself that the a recourse would not suspend promulgation. On 14 Au­ High Commissioner asked for a second deliberation. It gust 1956, the Territorial Assembly adopted an amend- -18- ment deleting this article, which therefore does not Affairs of the Legislative Assembly withdrew a draft appear in the final text. The result is that, excep! for the law prepared by it in favour of the dra~t submitt7~ by special right of the High Commissioner provided by the Prime Minister himself, which provided conditions article 12, Togoland laws are in the same position as for dissolution less difficult than those recommended French laws in respect of judicial review, and the only by the Committee on Political Affairs. 22 recourse of a private individual would be through use 167. The law adopted provides one condition appli­ of the right of petition. Articles 69 and 70 of the rules cable only after a Legislative Assembly has been in office of procedure of the Togoland Legislative Assembly for two years, and another more generally a~plicable. provide that petitions must be addressed to its Preside~t The condition applicable after two years provides that and must show the domicile and signature of the peti­ a Prime Minister against whom a motion of censure has tioners; they may not be submitted by meetings on the been adopted has two days thereafter in which to decid_e public roads. They are referred to a Standing Committee whether to dissolve the Assembly. The generally appli­ of the Assembly, which decides whether to send them to cable condition requires either that at the beginning of a Minister, submit them to the Assembly, or simply to its term of office the Assembly should refuse to invest put them on file. The petitioner is notified of the decision three persons designated as Prime Minister by the High taken on his petition. Commissioner, or that, after a Prime Minister has 164. In its Paris meetings, the Commission pu~ ques­ received a vote of censure, the Assembly should refuse to tions concerning the procedure of the Conseil d'Etat in invest two persons so designated; in either case, the deciding a case under article 12, and replies were made Prime Minister has two days in which to decide whether by Mr. Perier de Feral and Mr. Landron, conseillers to dissolve. d'Etat. The Commission was informed that then the 168. The right of the Legislative Assembly to adopt interpretation of a treaty or interpational convention was a motion of censure is established by article 20 of the in question, and the Conseil d'Etat consider~d that the Statute, and is also mentioned in article 21. Under interpretation was doubtful, the Conseil d'Etat would article 39, the provisions of article 20 are suspended for request an interpretation from the French Ministry of the duration of the Trusteeship System. Both the French Foreign Affairs, and this interpretation would be fol­ and the Togoland Governments interpret the sus~ensi?n lowed. In the Ministry of Foreign Affairs, the legal of article 20 as completely suspendmg the Legislative advi~er would have a role in the preparation of the advice, Assembly's right to adopt a motion of censure, though and in case of conflict, his opinion would prevail. The that right is also mentioned in article 21 (see ?elow. under Commission was informed that the Ministry of Foreign articles 20 and 21). This view is reflected m article 36 Affairs would be consulted in exactly the same way of the Assembly's rules of procedure, relating to the motion concerning the interpretation of the Universal Decla­ of censure, which by its terms is likewise s~spended 1~or ration of Human Rights. As to the interpretation of the the duration of the trusteeship. The result IS that while Statute, however, the Conseil d'Etat would not consult the Trusteeship System continues to apply, no dissolution the Ministry of Foreign Affairs; the Conseil, in its can possibly occur in accordance with the law of 6 June administrative role, had participated in the drafting of 1957. The Assembly would not be legally precluded, the Statute, and would be fully competent to decide upon however from adopting a new law on the conditions of questions of its interpretation. dissoluti~n, or from adopting a law dissolving itself.

Article 13. The Togoland Legislative Assembly Article 14. Laws and regulations which, on the may be dissolved by decree of the Prime Minister in date of the entry into force of this Statute, had been Council of Ministers. The conditions under which promulgated and published in Togoland in the p;~per the right of dissolution may be exercised shall be fixed manner and which are not contrary to the provisions by a Togoland law. thereof' shall continue to be operative until they are Dissolution of the Legislative Assembly (article 13) amend~d or abrogated in the manner prescribed by this Statute. 165. Article 13 of the Statute, as originally put into effect, provided that the Togoland Legislative Assembly Continued applicability of French laws and regulations could be dissolved by a decision (arrete) of the High which are not contrary to the Statute and have not been Commissioner, taken on the proposal of the Prime changed in accordance with it (article 14) Minister. This provision was modified by the decree of 169. It was explained in the Commission's m~etings 22 March 1957, in conformity with the wish (va?u) adopted in the Ministry of Overseas France that the obJect ?f on 13 February 1957 by the Legislative Assembly, to this provision was to avoid a sudden legal ,vacuum m provide that the Legislative Assembly may be dissolved Togoland and to ensure that there would be a legal by a decree of the Prime Minister made in Council of system there, without the necessity of creating a new one Ministers, and that a Togoland law shall determine the overnight. conditions of exercise of the right of dissolution. 170. In reply to questions by the Cominission, the 166. On 6 June 1957, the Legislative Assembly, at a French and Togoland Governments stated that Togoland session where the Commission was present, debated and adopted a draft law on the conditions in which the ''The text of the law, together with indications of the differences Legislative Assembly may be dissolved. Following a from the text recommended by the Political Committee, is given speech by the Prime Minister, the Committee on Political in annex II of this report. -19- laws may modify or abrogate any French laws or regula­ the Prime Minister, rather than the collective responsi­ tions applicable in Togoland in all the fields which are bility and powers of the whole Cabinet (see, for example, not reserved to the central organs of the French Republic under articles 7, 20 and 22). by article 26. 171. The Commission inquired what laws were abro­ Functions and powers of the Prime Minister (article 15) gated by the Statute. It was said that as most French 175. Several important legal texts on the functions laws had been applied to Togoland by decree rather and powers of the Prime Minister have been adopted by than directly by their own terms, probably only a small Togoland authorities. A law 23 provides that "The number of laws were so abrogated. The task of deter­ Prime Minister represents the Autonomous Republic mining what laws remain in force is naturally a daily matter of Togo land in all the acts of civil life". A decree 24 for administrative and judicial authorities in Togoland. provides that the Prime Minister has the responsibility In general, it seems that in pursuance of the object of to the Assembly for the whole of the policies of the avoiding a legal vacuum, as many laws as possible are Government, and that he alone has the power to make considered to remain in effect, and are applied if neces­ regulations (see under article 22 below). The Prime sary by substitution ofTogoland authorities for the French Minister establishes the conditions in which this power authorities mentioned in the texts. As a practical matter, is exercised, and establishes the powers and functions it appears that the main provisions abrogated by the entrusted to other members of the Government. The Statute are those concerning the former political organi­ same decree and an arrete 25 reserve to the Prime Minister zation of Togoland and that practically all other legal broad powers regarding the public service. Decisions for provisions put into force before the Statute remain in the Prime Minister include the appointment, promotion, effect. The Commission was informed that the problem assignment to a Ministery, disciplinary power (with the had created practically no difficulty so far. exception of warning and censure, which may be made by 172. The Togoland authorities have the power to Ministers), and termination of appointments of civil indicate what parts of French laws and regulations in servants; the appointment and removal of directors and fields within their competence remain applicable and chiefs of service; and the recruitment of contractual what do not. This has been done, for example, in a agents and the revision or prolongation of their contracts. decree of 12 March 1957 concerning the competence of The Cabinet (article 15) members of the Togoland Government, services and agents of Administration in respect of mining regulations, 176. The French draft of the Statute presented to the which listed provisions of French decrees still considered Territorial Assembly in August 1956 provided that the applicable to a particular matter. This example may be Commissioner of the French Republic had to agree to followed in other fields as well. the appointment of the Ministers, and it also fixed the numbers of Ministers at eight. The Territorial Assem­ 173. The Togoland authorities have adopted legisla­ bly, on 14 August 1956, amended this draft to eliminate tion in the fields within their competence which modifies the necessity of agreement of the High Commissioner to former French legislation. For example, a law of 18 Sep­ the appointment of Ministers, and to make the number tember 1956 transfers certain powers, formerly enjoyed of Ministers flexible, with a maximum of nine. Conse­ by the Territorial Assembly, from the Legislative Assembly quently, the text of the Statute as originally adopted pro­ to the Government; a Togoland decree of 3 April 1957 vided that the Prime Minister should name the Ministers on the powers of the Prime Minister also modifies general who composed, with himself, the Council of Ministers; law texts; and a Togoland law of 28 March 1957 post­ that he could put an end to their functions; and that the poning municipal elections expressly modified a French number of Ministers could not exceed nine. law of 16 November 1955 on the subject. 177. Two modifications of this article were requested in the wish (va?u) adopted by the Legislative Assembly C. THE TOGOLAND GOVERNMENT on 13 February 1957. The first was simply a matter of terminology and proposed to amend the expression Article 15. After consulting the members of the " Council of Ministers" to read " Cabinet". This was Togoland Legislative Assembly, the High Commis­ because in French usage the " Council of Ministers" sioner shall nominate the Prime Minister, who shall had a presiding officer who in Togoland is the High be confirmed in office by the Togoland Legislative Commissioner, and when only the Prime Minister and Assembly by a simple majority vote. The Prime Ministers are meant, the term "Cabinet" is used (see Minister shall appoint the Ministers who together under article 16 below). with him shall constitute the cabinet. He may divest 178. The second change requested by the wish (va?u) them of their functions. was to eliminate the limit of nine on the number of Investiture of the Prime Minister (article 15) Ministers, thus leaving the Prime Minister complete freedom to decide on the number of Ministers in his 174. Under article 5, it is the Prime Minister, desig­ Cabinet. Both the changes requested by the wish (va?u) nated by the High Commissioner, who is confirmed in office (qui reroit /'investiture) by the Legislative Assembly, and not the Cabinet as a whole. In comparison with 23 Law No. 56-2 of 18 September 1956, article 27. 2 French institutions, the Togoland Statute seems to ' Decree No. 57-44 of 3 April 1957. emphasize the individual responsibility and powers of 25 Arrete No. 2-PM of 27 September 1956. -20- were made by the decree of 22 March 1957, and article 15 Offices incompatible with the offices of Togo/and then reached its present form. Consequently, the Prime Prime Minister and Minister (article 17) Minister now has complete legal freedom with regard to 183. The text of this article as originally put into the appointment, assignment of functions, and removal force provided that the position of Prime Minister or of Ministers. The composition of the present Cabinet of Minister was incompatible with the functions of Presi­ Togoland is given in the next chapter. dent of the Togoland Legislative Assembly or member of its bureau or committees; member of the Government Article 16. The High Commissioner or his lawful of the French Republic; and member of the French deputy shall preside at the meetings of the Council National Assembly, of the Council of the Republic, of of Ministers. the Assembly of the French Union or of the Economic Council. Article 41 of the original Statute modified The function of the High Commissioner in the Council the effect of article 17 by providing that, for the duration of Ministers (article 16) of the trusteeship, a member of the National Assembly, 179. Article 16 provides that the High Commissioner of the Council of the Republic, of the Assembly of the or his legal replacement presides over the meetings of French Union or of the Economic Council could become the Council of Ministers. When the Prime Minister Prime Minister or Minister of Togoland, provided and Ministers meet without the presence of the High that he resigned his seat in the French body within Commissioner or his replacement, they are spoken of six months after his appointment as Prime Minister or as the "Cabinet Council" (Conseil de Cabinet). Certain Minister. categories of decisions must be taken in Council of 184. On 28 December 1956, the Togoland Legislative Ministers, while others may be taken in Cabinet Council Assembly discussed a draft wish (va?u) for the amendment (see below under article 22). of the Statute, which had been introduced by two deputies 180. The Commission asked questions on the powers not members of the Government and had been reported of the High Commissioner in the Council of Ministers, on by the Assembly's Committee on Legislation. This and in particular whether he could make suggestions or wish asked for the deletion of the last paragraph of proposals to the Council. The French Government article 17 creating an incompatibility with membership replied that, in accordance with the principles of French in the National Assembly, Council of the Republic, public law which served as a model in the drafting of Assembly of the French Union or Economic Council. the Statute, the High Commissioner in the course of The Rapporteur of the Political Committee stated that meetings of the Council of Ministers presides, informs, there was no reason to forbid those of their compatriots and is informed, but as he is not politically responsible, called to high missions in the French Assemblies to he cannot and does not discuss matters before the fill high offices in the Togoland Government, in which Council. precisely their experience was to be of great usefulness 181. The Togoland Government replied that the High to the country. Moreover, the Committee was of the Commissioner presides over the deliberations of the opinion that only advantages for the Togoland Govern­ Council of Ministers, but he does not take part in its ment would result from maintaining the closest possible deliberations in that he does not participate in votes ties with the French Assemblies, and that the membership which may be taken. Moreover, he does not direct the of certain Togoland Ministers in the French Parliament debates; that function belongs to the Prime Minister. was of a nature to falicitate the furtherance of Togoland It is likewise the Prime Minister who establishes the interests in France. The Legislative Assembly adopted agenda and who decides on the records of the work of the wish (va?u) on 28 December 1956. The requested the Council of Ministers, as he does also for the Cabinet deletion of the last paragraph of article 17 had as a neces­ Council. In meetings of the Council of Ministers the sary consequence the deletion of article 41 of the original Ministers are able to ask the High Commissioner for his Statute. The deletion of article 41 was formally requested opinion or his advice on a particular question. by the wish (va?u) of the Legislative Assembly of 13 Feb­ 182. The statements in the reply of the Togoland ruary 1957. This change, as well as that requested by Government were repeated in substance by the High the wish of 28 December 1956, was made by the decree Commissioner in Lome, who added that meetings of the of 22 March 1957. Council of Ministers are held only on the request of the Togoland Prime Minister. He also drew the parallel Article 18. The Prime Minister shall allocate to between his functions in this respect and the functions each member of the Council of Ministers the Togo­ of the President of the French Republic in respect of the land services which he shall direct and for which he shall be responsible. French Council of Ministers. Powers and responsibilities Article 17. A Prime Minister or Minister may not of Togo/and Ministers (article 18} at the same time exercise the functions of : 185. Article 18 has been implemented by a circular President of the Togoland Legislative Assembly, from the Prime Minister for the attention of the Ministers, officer of the Assembly or member of one of its dated 29 March 1957, which lists under each Ministry committees; the services and offices which compose it. This list is Member of the Government of the French reproduced in the next chapter. Decrees have also been Republic. promulgated with respect. to the powers of the Prime -21- Minister,26 the organization of the services and offices of the Ministers could not take the form of the adoption of the Ministry of State,27 and the exercise of the powers of a motion of censure. It was nevertheless clear that a of members of the Togoland Government, of the services Cabinet governing against the will of the majority of the and of the agents of the Administration on the subject Assembly was inconceivable, and that a Government of mining regulations.28 The Prime Minister has the which found itself in the minority could be led to authority under article 18 to change the functions of resign. The situation could be explained on the basis Ministers, and in fact several services have been trans­ of the briefness of the transitional period envisaged and ferred from one Minister to another since the Togoland of the French constitutional practices which served as a Government came into being. model for the Statute. Resignation in case of loss of confidence was normal, dissolution was rare, and the Article 19. The Prime Minister shall be appointed motion of censure was a penalty which, practically never for a period of time equal to the term of office of the having been used, had acquired a character of excep­ members of the Assembly. This period shall not, tional seriousness. however, expire until the date of appointment of the 188. The Togoland Government also referred to the new Prime Minister, that appointment to take place intention of the French and Togoland Governments to not later than the eighth day of the first session held obtain a speedy end to the trusteeship. During the few by the new Assembly after its election. months which could be expected to elapse between the Term of office of the Prime Minister (article 19) promulgation of the Statute and the session of the Gene­ ral Assembly, it was inadvisable that a ministerial 186. The French draft submitted to the Territorial crisis should be able to occur which would imperil Togo­ Assembly in August 1956 provided that the Prime Minis­ land institutions from the start. On the other hand, ter was to be designated for a period equal to half that it was not possible or desirable to maintain such provi­ of the term of office of the members of the Legislative sions in force after the end of trusteeship; ministerial Assembly. On 14 August 1956, the Territorial Assembly responsibility to the Assembly was a characteristic essen­ adopted an amendment to make the Prime Minister's tial of a parliamentary regime. The Togoland Govern­ term the same as that of the Assembly, and this amend­ ment further observed that a distinction should be made ment was incorporated in the text which came into force. between the legal position and the factual position. It was stated in the Territorial Assembly that the amend­ Legally speaking, while article 39 remained in effect, a ment was designed to ensure the stability of the Ministry, motion of censure would be null and without effect and and that if the Prime Minister had the confidence of the indeed, under the rules of procedure of the Legislati~e Assembly, it was natural to give him the time fully to Assembly, would not even be received, printed or dis­ fulfill his mission. It was thought that the Assembly tributed much less voted upon. But this abnormal was sufficiently assured that the will of its majority situatio~ due to the prolongation of the trusteeship did would be done without the provision originally suggested not correspond to what would happen in practice. A in the draft. motion of censure could be replaced by a vote of lack of confidence on an important matter-for example, i~ t~e Article 20. The Togoland Legislative Assembly budgetary field; the Government could not remam m may remove the Prime Minister from office by adopt­ office after such a vote, and the Prime Minister would, ing a motion of censure by an absolute majority of without doubt, be induced to resign. all its members. The vote on the motion may not be taken until three clear days have elapsed since the Article 21. If the Assembly adopts a motion of motion was introduced. The adoption of a motion censure or refuses to confirm a Prime Minister in of censure shall have the effect of removing all the office, the High Commissioner shall nominate a Ministers from office. Prime Minister not later than fifteen days after the vote. Motion of censure (article 20) 187. By an express provision of article 39, one of the Designation of a new Prime Minister (article 21) transitional articles of the Statute, the provisions of 189. This article sets a time-limit within which the article 20 are suspended during the continuance of the High Commissioner must designate a new Prime trusteeship. The Commission inquired whether this Minister. A law on the power of the Prime Minister to suspension implied the suspension of the right of the dissolve an Assembly which adopts a motion of censure Legislative Assembly to adopt a motion of censure, a or refuses confirmation is described above under right which was also mentioned in article 21. The reply article 13. of both the French and Togoland Governments was that the right was completely suspended. The French Article 22. Within the limit of the budgetary Government further explained that, during the transi­ credits the Prime Minister in Cabinet Council shall tional regime which had been conceived of as covering exercis~ the power to issue regulations, shall organize a very short period, the loss of confidence in respect the public services of the Autonomous Republic of Togoland and shall define the competence and general policy of each of them. " Decree No. 57-44 of 3 April 1957. 27 Decree No. 57-51 of 16 Apri11957. The acts of the Prime Minister provided for in this "Decree No. 57-38 of 12 March 1957. article shall be countersigned by the Minister or -22- Ministers concerned and published in the Journal reserved or not, the power of regulation may be exercised officiel of Togoland. These regulations may provide on that matter to ensure the execution of the law and in penalties of not more than fifteen days' imprisonment conformity with it. and/or 36,000 francs fine. 193. The amendment of 22 March 1957 to article 22 The acts of the Prime Minister provided for in provides that a number of decisions are taken in Cabinet this article which have as their object to define the Council rather than in Council of Ministers as under the general orientation of the Togoland Government or original text. The High Commissioner presides over the to enact general provisions relating to matters of Council of Ministers, and he is not present in meetings the public interest (ordre public), those which provide of the Cabinet Council (see under article 16 above). for penal sanctions, draft laws and the draft budget, are deliberated in the Council of Ministers. 194. Regulations of the Togoland Government may provide penal sanctions not exceeding fifteen days of Decrees enacting regulations for the application of imprisonment and/or 36,000 francs' fine, raised from the laws of Togoland are made in Council of Minis­ 24,000 francs by the decree of amendment of 22 March ters, and decrees in individual cases (decrets indivi­ 1957. The records of the Togoland Legislative Assem­ duels) in Cabinet Council. bly do not contain any wish (vll'u) requesting this amend­ Irrespective of the appeals procedure under ordi­ ment. nary law, the High Commissioner may, within a 195. The Commission put questions to the French period of ten days from the publication of the regula­ and Togoland Governments concerning the procedures tions, affected by the present article, lodge an appeal followed for arriving at a decision in the Council of against them before the Council of State sitting as a Ministers and the Cabinet Council. The French Govern­ court. This appeal does not have the effect of sus­ ment replied that only the Togoland Government could pension. describe those procedures, but that the system of article 22 was as simple as the French system, which had Procedure of the Council of Ministers and Cabinet served as a model for it and whose broad outlines were (article 22) several centuries old. The principle was that the Head of the Government took in Council of Ministers, that was 190. The text of article 22 originally put into force to say after "deliberation" ("discussion" or "debate") provided that within the limits of budgetary credits the by that Council, only the most important decrees which Council of Ministers assured the execution of the laws, were enumerated in article 22; other decisions were organized the services of the Autonomous Republic, and taken in Cabinet Council. defined the competence and general orientation of the action of each of them. Amendment of this provision was 196. The Togoland Government replied as follows. asked in the wish (weu) of the Legislative Assembly of In the case of a decree in Cabinet Council, the draft is 13 February 1957, and this amendment was made in the prepared by the competent Minister or Ministers, with decree of 22 March 1957. While the original provision the agreement of the Prime Minister, either on the ini­ provided that the action of the executive branch was to tiative of those Ministers or of the Prime Minister him­ be taken collectively by the Council of Ministers, the self. The draft is then put on the agenda of the delibera­ amended text makes it clear that the decision is in the tions of the Cabinet Council by the Prime Minister, and last resort for the Prime Minister. is deliberated upon in Council. If the Council adopts 29 it, it is then signed by the Prime Minister, countersigned 191. A decree by the Prime Minister provides that by the Ministers concerned, published in the Journal the Prime Minister exercises the power of regulation by officiel of the Autonomous Republic of Togoland, and decree adopted after the Cabinet Council or Council by all other means in case of urgency. In the case of a of Ministers has been heard (le Conseil de Cabinet entendu; decree deliberated upon in Council of Ministers or le Conseil des Ministres entendu). The same decree adopted in Council of Ministers, the procedure is the provides that the Prime Minister, having been invested same up through the deliberation in Cabinet Council; by the Legislative Assembly, is responsible for the whole there is no deliberation in the Council of Ministers which of the policy of the Government for the Assembly, and 30 has not been preceded by deliberation in Cabinet Council. he alone has the power of regulation. After deliberation in Cabinet Council, the text is put 192. A law of 18 September 1956 31 provides that the on the agenda of the Council of Ministers by the Prime power of regulation of the Council of Ministers, of the Minister and is then deliberated upon by the Council Prime Minister and of the Ministers may be exercised of Ministers. After the text is approved, the Prime on all Togoland matters (see under article 5 above), Minister signs it and the Ministers countersign; it is then except those for which Togoland laws have already published as indicated above. The Togoland Govern­ established rules, and those reserved to the competence ment also stated that even in the case of a decree made or of the Legislative Assembly; however, when the Legis­ deliberated upon in Council of Ministers, the decree does lative Assembly has adopted a law on a matter, whether not need the formal agreement of the High Commissioner, and there is no particular procedure for promulgation. The text is made legally valid by the signature of the "Decree No. 57-44 of 3 April 1957, article 3. Prime Minister and the countersignature of the Ministers 30 Ibid., article 1. concerned, and comes into force from the time of publi­ 31 Law No. 56-2 of 18 September 1956, article 31. cation. -23- Ordinary legal actions against decisions of the Togo/and stood by the Togoland Government in its traditional Government or Ministers (article 22) sense that is, persons born in Togoland :and living in 197. The Commission inquired what were the "ordi­ Togoland. The Togoland authorities are .competent to nary legal actions" referred to in the last paragraph of lay down the conditions under which Togoland nation­ article 22. The reply given in the Paris consultations ality is granted and what are in appropriate cases the by members of the Conseil d'Etat was that the ordinary rules for acquisition of citizenship. A draft law on this legal action against a regulation is the action on the subject is now being prepared. ground of ultra vires (recours pour exces de pouvoir) 201. The Commission was informed that although brought before the Conseil d'Etat, seeking the annulment the Statute does not provide for the existence of double of the decree complained of. This action must be insti­ nationality (of France and Togoland), it does not alter tuted within two months after the date of publication of the rights of Togolanders who became French citizens the regulation. Moreover, in all cases before any admi­ before its promulgation. A Togoland citizen may nistrative court, and in particular in any case before the become a French citizen, in accordance with the provi­ local Administrative Disputes Council (Conseil du conten­ sions of existing French laws. As no Togoland citi­ tieux administratifs) to contest the validity of an act in zenship law has yet been adopted, it is impossible to say an individual case, the plaintiff may raise, by way of whether a Togoland citizen would thereby lose his exception, the illegality of a previous regulation which Togoland citizenship, or whether a French citizen could furnished the basis for the measure contested, even if acquire Togoland citizenship by naturalization. that regulation was not the object of an action on the ground of ultra vires at the appropriate time. The admi­ 202. The Statute provides in article 23 that Togoland nistrative court before which the case was brought citizens enjoy the "rights and freedoms" guaranteed to must then necessarily decide on the legality of the regu­ French citizens. No mention is made of any of the lation; the court cannot annul the regulation, but if it duties or obligations of French citizens; article 24 express­ deems the regulation illegal, the court declares it inap­ ly exempts Togoland citizens from military obligations, plicable and incapable of furnishing a legal basis for and they are not in fact subject to French taxation unless the act complained of. there should be some other legal basis for it than citi­ zenship. 198. Thus Togoland regulations, unlike Togoland laws, may be contested by private persons in adminis­ trative courts. In such actions conflicts with any of Article 24. Togoland citizens shall not be subject the obligations mentioned in article 10 could be raised. to military service. They may, however, enlist volun­ An action by a private person against a regulation or a tarily in the armed forces of the French Republic. decision in an individual case presumably could not, Freedom of Togo/and citizens from military obligations however, indirectly raise the question of the validity of (article 24) the law on which the regulation was based. 203. The original French draft of the Statute submitted Legal action by the High Commissioner (article 22) to the Territorial Assembly in August 1956 provided 199. The Commission was informed that the right of that Togoland citizens could enter the armed forces of legal action of the High Commissioner under the last the French Republic only by way of voluntary enlist­ paragraph of article 22, like that of private persons, is ment. This article was amended by the Territorial an action on the ground of ultra vires (recours pour exces Assembly on 14 August 1956 to its present form. This de pouvoir). In such an action, the High Commissioner amendment was explained in the Territorial Assembly could invoke any of the obligations referred to in article as being intended to reassure those who feared that 10 (see above), since that article provides that not only membership in the French community might involve laws but also regulations must respect those obligations; the obligation for Togoland citizens of doing military he could also invoke any of the grounds available to service in the French armed forces. private persons. The High Commissioner's right of action against a regulation is thus broader than his right Article 25. Togoland citizens shall have free access of action under article 12 against a Togoland law. In to public office and may vote and stand for election the absence of the provisions of articles 12 and 22 the anywhere in the French Republic, under the same High Commissioner, an administrative official, would not conditions as French citizens. French citizens shall have any such right of action before administrative enjoy in Togoland all the rights and freedoms courts. attached to the status of Togoland citizens.

D. TOGOLAND CITIZENSHIP Reciprocal enjoyment of rights and freedoms by French and Togo/and citizens (article 25) Article 23. The nationals of Togoland (ressortis­ sants du Togo) are Togoland citizens. They shall 204. When the French draft text of this article was enjoy the rights and freedoms guaranteed to French submitted to the Territorial Assembly in August 1956, citizens. the question was raised of enjoyment of Togolanders of the corresponding rights of citizens of the French Union. Rights of Togo/and citizens (article 23) It was said, however, that the Statute covered only rela­ 200. At the present time, there is no legal definition tions between Togoland and the French Republic and of "ressortissants du Togo". The expression is under- not relations between Togoland and the French Union, -24- and that there was therefore no reason to include any Powers of legislation and regulation reserved to France provision on the point. No amendment was made by (article 26) the Territorial Assembly. 206. Article 26 deals with the fields in which legisla­ 205. The Commission inquired about the possibility tion and regulation are reserved to the central organs of expulsion of non-Togolanders, and in particular of of the French Republic. Article 27 deals with the ser­ French citizens, from Togoland. The Togoland Govern­ vices and officials who remain French. Though legisla­ ment replied that until the promulgation of Togoland tion and regulation in the fields mentioned by article 26 legislative texts, two French decrees, of 15 June 1927 are reserved for France, the application of laws and and 10 September 1935 respectively, continued to apply, regulations is in some of those reserved fields, in some and that by virtue of these texts the Togoland Govern­ cases left to the Togoland authorities. Similarly, as will ment - which had inherited the powers previously be discussed under article 27 below, some French ser­ exercised by the Commissioner of the French Republic­ vices and officials are to a certain extent subject to the could, by a police measure, expel individuals, whatever direction of Togoland authorities. The various fields their nationality. As concerns French citizens, the pro­ reserved for French legislation and regulation are dis­ visions of article 25 brought about a limitation of the cussed below. preceding system; that article implied the impossibility 207. The Commission inquired as to the guarantees of expelling French citizens. That was the counterpart that French laws and regulations would remain within of article 23, which implied that Togoland citizens could the fields reserved to France by article 26, and as to the not be expelled from the French Republic (i.e., metro­ powers of the Togoland Government and representatives politan France, Algeria, and the departements of Over­ and of private persons in Togoland to contest such laws seas France). The Togoland Government further stated and regulations on the ground that they are contrary that, nevertheless, as the provisions of the decrees of to the Statute. 1927 and 1935 were linked with the Mandates System which had become the Trusteeship System, those provi­ 208. The French Government replied that there was sions would cease to apply to French citizens only on the no recourse to a court against a French law either for disappearance of the Trusteeship System. It would the Togoland Government or for private individuals, always be possible for the Togoland Government to since in France there was no recourse against a law, even negotiate with the French Government a convention on the ground of unconstitutionality. At most the To­ laying down conditions of expulsion of French citizens goland Government could ask the French Government from Togoland. for the submission to Parliament of a draft law modi­ fying the law in question. A private person could use for the same purpose the right of petition to Parliament. E. DIVISION OF COMPETENCE On the other hand, the Togoland Government or any Togoland citizen concerned could have recourse against Article 26. The central organs of the French a French regulation to the Conseil d'Etat. Republic shall have the powers of legislation and regulation in the following matters only: 209. The Togoland Government said that the adoption External affairs and defence; by the French Parliament of a law contrary to the Statute was practically impossible. Such a law would be Personal and property status of French citizens; opposed by not only the deputy from Togoland but by The penal code, the criminal investigation code, all the overseas deputies- that is, by more than forty the commercial code and administrative disputes; deputies in an Assembly which now has 580 members. The organization of justice under French law and No Government would be willing to have all the overseas the organization of administrative tribunals; provided deputies against it on a question concerning Togoland. that the Government Commissioner on the Adminis­ No Assembly would run the risk of setting all the over­ trative Disputes Council shall, in the case ofTogoland seas territories against metropolitan France. Therefore, affairs, be designated by the Prime Minister; in order to prevent adoption of a law, it would be suffi­ The system of public freedoms; cient for the Togoland deputy to inform the French Government and members of the French Parliament that The currency and foreign exchange system, finan­ the proposed text was contrary to the Statute. cial assistance, if any, external trade and the general regulation of customs matters; 210. From the legal point of view, the Togoland Curricula and examinations in secondary and Government recalled, a law voted by the French Par­ higher public educational establishments; liament cannot be enforced in Togoland until it has been promulgated by the High Commissioner of the French The labour code itself and the laws and the system Republic. Promulgation, it was said, never occurred relating to mineral resources; nevertheless, regula­ without previous consultation of and agreement by the tions concerning the application oflegislation in these Togoland Government. Consequently, the High Com­ matters shall be the responsibility of the Togoland missioner would not promulgate a law which in the Council of Ministers or of the Togoland Legislative opinion of the Togoland Government was contrary to Assembly, according to the allocation of responsi­ the Statute; and even if the law was promulgated, a bility as determined by the latter; legal action could be had before the Conseil d'Etat The services enumerated in articles 27 and 30 of against the act of promulgation, on the ground of ultra this Statute. vires. -25- 211. As to a law which was not contrary to the Statute those applicable to Togoland citizens of custmary civil but was considered inadvisable to apply to Togoland status or of French civil status. and was opposed by the Togoland deputy, the Togoland 216. The Togoland Government explained that a Government stated that the reserved fields were matters certain number of Togoland citizens were subject to the in common, both in law and in fact, in which metropo­ regime of French civil status, i.e., the rules set out in the litan France and Togoland agreed to submit themselves French Civil Code, rather than to that of a status estab­ to rules which in principle were identical. It could lished by local customary law. Under French decrees therefore happen, in regard to a question of advisability, of 1930 and 1939, some Togoland nationals (ressortis­ that the majority of the metropolitan deputies would sants) acquired French citizenship during the period of oppose a draft law, which would nevertheless be adopted the Mandate System; they did not thereby cease to be with the support of a majority including the overseas Togoland nationals. Moreover, the French Constitu­ deputies. That was the very essence of a system in which tion provides that citizens originating from Overseas there were matters in common. But because of the Territories could either retain their personal status or consultation with the Togoland Government before the renounce it; the Trust Territory of Togoland, which was promulgation of a law in that country, an inadvisable administered like the neighbouring Overseas Territories, legislative provision would not, despite the vote in the benefited from the same provisions. Option in favour French Parliament, be applied to Togoland. of French civil status could be effected either by a parti­ 212. The Togoland Government pointed out that as cular act (for example, a contract of sale or lease concluded to French regulations, apart from the recourse to the in accordance with the rules of the French Civil Code), Conseil d'Etat, the Togoland Government could ask or for the whole of a legal situation (for example, in the the French Government to abrogate texts adopted by the case of Togolanders married before a French civil status latter in violation of the Statute. This was done, the officer, the rules of the marriage are fixed by the rules of Commission was told orally, for example, in regard to the Civil Code, and in the same way children registered certain decrees of application of the loi-cadre, relating with a French registry office are afterwards for their whole to economic matters, which had been wrongly declared lives subject to the rules of French civil law). applicable to Togoland. 217. There are therefore at the present time some Togoland citizens who are subject to the rules of the (i) External affairs Civil Code, either by their acquisition of French citi­ 213. This heading is interpreted as including diplo­ zenship or by their option for French civil status. The matic relations, treaties and conventions of an inter­ Togoland Government stated that the Statute provided ·national character. The Togoland Government stated that modifications of the Civil Code by the French legis­ to the Commission that, notwithstanding article 3 and lature would henceforth apply only to French citizens, this provision of article 26, it had been agreed with the and not to Togoland citizens. If the French legislature French Government that a Togolander would be appoin­ did modify the rules of the Civil Code in France, it would ted to the permanent delegation of France to the United be for the Togoland legislature alone to determine whether Nations. On the request of the French Government, those modifications should apply to Togoland citizens of Togoland had been authorized to send an observer to French civil status. This last statement is in accordance the International Labour Conference. Furthermore, with the general position adopted by the Togoland the French Government had informed the Togoland Government that all the codes mentioned in article 26 Government of its intention of proposing the entrance apply to Togoland as they were at the date of the Statute of Togoland into a certain number of international orga­ and that the application of further amendments, if any, nizations such as the Universal Postal Union and the to Togoland would depend on the approval of the Togo­ International Telecommunication Union. land Government. The French Government has not concurred in this interpretation. (ii) Defence (iv) Penal Code 214. The competence of France under this heading 218. This Code is the code in force in metropolitan extends to the laws and regulations on military organi­ France, with some modifications for African terri­ zation and on the organization of defence. Under tories.32 articles 3 and 27, the defence of Togoland is conducted by France with French forces. The French Government (v) Code of criminal investigation stated that defence includes preventive and repressive 219. This Code contains the rules relating to procedure action, both defensive and offensive, to safeguard the before criminal courts (the Assize Court, the Correc­ integrity of the territory of Togoland. The French forces tional Tribunal and Justice of the Peace with extended in Togoland will be described under article 27 below. competence). (iii) Personal and property status of French citizens (vi) Commercial Code 215. The French Government stated that this heading 220. This is the Commercial Code applicable in metro­ included civil status, domicile, marriage, divorce, descent, politan France, which dates from 1807. Many matters of minority, guardianship, method of acquisition of pro­ •• See Rapport annuel du Gouvernement fran~ais d l'Assemblie perty and contracts. The Togoland Government stated generate des Nations Unies sur !'administration du Togo place sous that what was meant was the rules of the Civil Code Ia tutelle de la France, annee 1955 (Paris, lmprimerie Chaix, 1956), applicable to French citizens alone, and not including pp. 61-62. -26- commercial law are not dealt with in the Code-for ex­ and on possible financial assistance should remain within ample, incorporation of commercial companies, cheques the French competence. It was also provided in article 27 and bankruptcies. Some differences arose between that the Customs Service should remain a French service. French and Togoland authorities as to whether commer­ The Territorial Assembly, however, desired that the cial legislation outside the Code was also intended to Customs Service should be a Togoland service, and this remain French; but after a discussion, the French Govern­ point of view was finally accepted by France with, how­ ment accepted the point of view of Togoland according ever, the provision of a Customs Control Service which to which only the matters dealt with in the Commercial would have rights in customs matters for the purpose of Code itself, and not those in any other commercial legis­ protection of the currency (see below, under articles 27 lation, were covered by article 26 of the Statute. Togo­ and 28). As part of the amendments reflecting this land is therefore able to legislate on such matters as change, the Territorial Assembly, on 14 August 1956, incorporation, cheques and bankruptcies. adopted an amendment adding to this sub-paragraph a reference to legislation and regulation on external com­ (vii) Administrative disputes merce and on the general regulation of customs matters 221. The French legal system provides separate courts as being within the competence of France. for decisions concerning the legality of actions by public authorities. There is an Administrative Disputes Council (xi) Curricula and examinations in secondary public (Conseil du contentieux administratif) in Togoland which instruction and higher education is competent in respect of acts both of the Togoland and 226. The French Government stated that this provision the French Governments. The organization of this deals with education leading to the degrees of bachelor, Council and the conditions of recourse to it and to the licentiate and doctor and added that the Togoland Govern­ French Conseil d'Etat are provided by French laws and ment can organize education as it pleases, being free to regulations. retain in certain branches of secondary education the French curricula and examinations, which will enable (viii) Organization of justice under French law and orga­ students who so desire to obtain diplomas equivalent to nization of administrative courts French diplomas. In the understanding of the Togoland 222. This provision means that France may establish Government this provision covers the scope of public such courts of French law and such administrative courts educational programmes and examination at the secondary as it deems advisable in Togoland. The vreu of the and higher educational levels to the exclusion of all Togoland Legislative Assembly of 13 February 1957 which concerns the organization of these fields, as well requested the addition of a provision to this sub-para­ as, of course, that which concerns primary, vocational graph, establishing that in the Administrative Disputes and technical education (organization, programmes and Council the commissaire du gouvemement, who presents examinations) which are exclusively within the compe­ cases to the Council and who submits conclusions to it, tence of the Togoland authorities. should be designated by the Prime Minister for Togoland cases. This amendment was embodied in the decree of (xii) Labour Code and legislation on minerals 22 March 1957. 227. The Statute provides that the Labour Code 33 properly speaking and the regime of mineral substances (ix) System of public freedoms remain within the French competence. The regulations 223. This includes legislation and regulation on free­ of application in these fields, however, are within the dom of meeting, of association, of labour unions, of authority of the Togoland Council of Ministers or of the expression, etc.; in short, all freedoms guaranteed in Togoland Legislative Assembly, in accordance with particular by the Universal Declaration of Human Rights the rules of competence established by the latter. The and the preamble of the French Constitution. division of powers between the Togoland legislative and executive branches is established in general terms by a 224. The original text of the Statute provided that 34 legislation and regulation not only concerning the system Togoland law. of public freedoms, but also concerning the protection 228. New French regulations on mining contained in of the exercise of those freedoms, should remain within a decree of 18 February 1957 made in application of the the competence of the central organs of France. The loi-cadre of 23 June 1956 have not been made applicable clause concerning the protection of freedoms was deleted to Togoland by France, as the French Government con­ as the result of the wish (wru) of the Legislative Assembly sidered the matter was not within its competence. On of 13 February 1957. The result is that only the basic the other hand, the Togoland Prime Minister has issued legislation and regulations concerning public freedoms a decree 35 on the exercise of the powers of members of remain French, and that regulations concerning their the Togoland Government and of services and agents application as well as protection of the rights provided of the Togoland administration in the field of mining is for the Togoland authorities. regulations.

(x) Monetary and customs matters •• The Code in question is contained in a French law of 15 Decem­ 225. The original French draft of the Statute submitted ber 1952, providing a Labour Code in French Overseas Territories. to the Territorial Assembly provided only that legislation 34 Law No. 56-2 of 18 September 1956. and regulation on the system of currency and exchange •• Decree No. 57-38 of 12 March 1957. -27- (xiii) Public services referred to in articles 27 and 30 The Customs Control Service. 229. Legislation and regulations under this heading, The Treasury of Togoland shall be administered by in the view of the Togoland Government, will naturally the Treasury of the French Republic, the cost being take account of the subjects already dealt with in the borne by the French budget, except that a sum equal preceding enumeration. to one-fourth of the real operational cost of this administration shall be charged against the budget 230. In its reply to the questions of the Commission, of Togoland. the Togoland Government specified that legislation and regulation under this heading would include laws and Buildings required for the operation of civil service regulations on the following subjects : departments shall be divided between the French State, the Autonomous Republic of Togoland and (i) Organization of the High Commissioner's Office the local communities, according to which budget and the services of the High Commissioner. covers their maintenance in application of this Statute. (ii) Organization of the judicial police, of the Criminal Records Service (identite judiciaire) and of the frontier Officials and services of the French Republic in Togoland police, excluding matters relating to internal security (article 27) and the administrative police. 231. Article 27 lays down what are the services and (iii) Regulation of the Inspectorate of Labour to the officials of the French Republic in Togoland who are extent that it remains a French service, the Togoland paid from the French budget. These services and Government being free to organize as it wishes the officials, though paid for by France, are in some cases Togoland Inspectorate of Labour and of Social Laws. subject to the orders of the Togoland Government, as (iv) The rules relating to stations of the general network will appear below. for radio-telecommunications, radio-broadcasting and submarine cables (at the present time no radio-broad­ (i) High Commissioner's Office, service of the Assistant casting and radio-communications station belonging to High Commissioner, and co-ordination officials the general network exists in Togoland). 232. The text of this paragraph of the article, as (v) Legislation and regulations relating to airfields of originally promulgated, did not mention the services of the international class. the Assistant High Commissioner, nor did it mention (vi) Legislation and regulations relating to the organi­ the co-ordination officials, who were originally covered zation of the Treasury of the French Republic, every­ in the next paragraph of the article and in title VII of the thing concerning the Togoland Treasury being within Statute. The services of the Assistant High Commis­ the competence of the Togoland authorities who may, sioner were included in this paragraph as the result of in particular, fix as they see fit the rules relating to public the wish (vll'u) of 13 February 1957 of the Legislative accounting and auditing of expenditures. Assembly. The change was the result of the abolition of the post of Secretary-General, which was replaced Article 27. The following officials or services in by a post of Assistant High Commissioner. In French Togoland are officials or services of the French dependent territories, the Secretary-General has clearly Republic and shall therefore be financed from the defined functions which include co-ordination and liaison French budget: with local legislative and executive organs. The decree The Office of the High Commissioner of the French of 22 March 1957 amended the Statute to simplify the Republic, the services of the Assistant High Commis­ provisions on co-ordination, which practice had shown sioner, the cabinet of the High Commissioner, and the not to need any elaborate machinery. As part of these officials responsible for co-ordination; amendments, the Secretary-General was replaced by an Assistant High Commissioner, whose functions are The services concerned with the administration of defined in article 30. justice under French law, the services of criminal justice and of judicial police and judicial identity, 233. As to the officials of co-ordination, the Statute subject to the provisions of article 29; originally provided that the service of general co-ordina­ tion of the administrative action of the services of the The administrative tribunals, subject to the appli­ French Republic and of Togoland services carried out cation of article 26 above in matters concerning the by the Secretary-General and by the chiefs of adminis­ Government Commissioner; trative districts and their assistants, remained French. The services in charge of defence, external security This paragraph was deleted in compliance with the and frontier police; wish (vll'u) of 13 February 1957 of the Legislative Assem­ The Inspectorate of Labour and Social Legislation, bly, and a simple reference to co-ordination officials its role being limited to advice; was placed in the first sub-paragraph of article 27. The Stations of the general radio-telecommunications simplification of the provisions on co-ordination will be and broadcasting system, as also of undersea cables, discussed under title VII below. the establishment of such stations to be undertaken with the agreement of the Togoland Government; (ii) Certain judicial and police services The departments of aviation infrastructure and of 234. The organization and competence of the services civil aviation, where class A and B airports are con­ of justice under French law and of criminal justice have cerned; not changed from that shown in the annual report of -28- the Administering Authority for 1955 (pp. 62-66), except 239. It was also proposed that the French services for the new powers of the Togoland Prime Minister should include : under article 29 (see below). There is a Tribunal at (i) The judicial police and the service of judicial identity Lome and there are justices of peace with extended (i.e., criminal records); competence at Anecho, Atakpame and Sokode; each has (ii) The service of general information (renseignements a Clerk of Court's office (greffe). There is also an Assize generaux); Court which sits at Lome and deals with violations of law which are defined as crimes by the Penal Code. (iii) The frontier police; Judgements of the Tribunal of Lome and of the justices (iv) Forces of a military character : the gendarmerie of the peace may be appealed to a Chamber of the Court and its auxiliaries and supplementary forces on the one of Appeal of Abidjan (Ivory Coast) which sits at Cotonou hand, and troops properly speaking on the other. (Dahomey). The creation of a court of appeal at Lome 240. As to the application of these principles, it was is now being considered. provided inter alia that the size of the forces was to be 235. The functions of judicial police for the French fixed by the authorities controlling them; that half the courts are performed by the French gendarmerie (see strength of the gardes-cercle stationed at Lome should under article 31 below). Ordinary administrative police be placed at the disposal of the High Commissioner to duties, however, are carried out by the Togoland police form the nucleus of the supplementary forces of gen­ forces and by the Garde togolaise, both under the autho­ darmerie (France has in fact not taken over these gardes­ rity of the Togoland Government. cercle); and that, at the request of the Togoland Government, the gendarmerie would continue to instruct (iii) Administrative tribunals Togoland security forces (i.e., the garde togolaise). 236. There is one administrative tribunal in Togoland, 241. These proposals were all agreed to, and a scheme the Administrative Disputes Council (Conseil du conten­ of the organization and use of the "gendarmerie in tieux administratif) which sits in Lome. This Council Togoland" was annexed to the proces-verbal of conclu­ has a permanent clerk of court's office (greffe) with a sions adopted during conversations of 15 November staff of two, but meets, under the presidency of the 1956 between the Minister of Overseas France and the highest magistrate in Togoland, only when the number Prime Minister of Togoland. This scheme provides of cases to be judged requires. When the Statute was that the mission of the gendarmerie in Togoland is three­ amended to provide that the Commissaire du Gouverne­ fold: ment of this Council would be appointed by the Prime (i) To perform the functions of judicial police; Minister for Togoland matters (see under article 26 (ii) At the request of the Togoland authorities, to per­ above), a corresponding amendment was made in form the functions of administrative police on behalf article 27. of those authorities; and (iii) Within the framework of the present article 31 (iv) Services for defence and external security, and frontier of the Statute, to ensure the re-establishment of public police order in case of serious disturbances. 237. The Statute, as originally adopted, provided that 242. The gendarmerie is under the authority of the the services of general safety (surete) and security should High Commissioner. Apart from cases where the remain French, while services of local safety (siirete) gendarmerie acts spontaneously on its own initiative and police should remain the responsibility of Togoland. under conditions provided by laws and regulations, it This provision did not give satisfaction, and consequently can be brought into action by French or Togoland the question of police and security forces was raised in a authorities only by written "requisitions" or "requests meeting of 19 October 1956 between the Prime Minister for participation" (" demandes de concours ") meeting and the President of the Legislative Assembly of Togo­ certain conditions of form and substance. In respect of land on the one hand, and the High Commissioner and the maintenance of order, the gendarmerie is under the various French officials on the other. exclusive authority of the High Commissioner, who 238. The meeting decided to submit to the Minister alone is entitled to make "requisitions", either in person of Overseas France various proposals on the subject, or through authorities to whom he has delegated his which were embodied in a proces-verbal. 36 One was that powers. the Togoland Government should control : 243. A provision of a joint arrete 37 of the High Com­ (i) Squads responsible for security in each adminis­ missioner and Prime Minister on the powers of co-ordi­ trative district, including Lome (then called squads of nation of the chiefs of administrative districts states gardes-cercle, but later called the garde togolaise); that those chiefs and their assistants co-ordinate under (ii) The administrative police : police commissioner, their competence the action of the French and Togoland inspectors and agents; police services; in case of disturbances or threat of (iii) The railway police; disturbances, the various police services are placed under their direct authority on "requisition" by them alone. (iv) A mobile force· of intervention based at Lome Thus the chiefs of administrative districts, as represen­ and intended to intervene in the whole of the Territory. tatives of the High Commissioner as well as the Togoland

" Texts of proces-verbaux in annex II. 37 Arrete conjoint No. 1-HC-PM of 14 December 1956, article 4.

-29- 3 Government, have by delegation the power to use the Legislative Assembly, it was agreed to submit to the gendarmerie for the maintenance of public order. The Minister of Overseas France various proposals relating chiefs of administrative districts have also at all times a to the Inspectorate of Labour and the services of the broad co-ordinating power over services in their districts, Togoland Labour Ministry. The proposals, which including the gendarmerie (see under article 33 below). were later accepted, provided that the Togoland Minister 244. The preliminary draft of a decree determining the of Labour was responsible for all questions of labour and methods of exercise of the functions of the High Com­ manpower in Togoland in the framework of the Labour missioner, which is annexed to the proces-verbal of the Code (see under article 26 above) and without prejudice meeting of 15 November 1956, provides that if internal to the competence of the French service of labour in­ public order is seriously threatened, the High Commis­ spection. The application of the Labour Code and, in sioner shall intervene in agreement with the Togoland general, labour regulations were for the Togoland autho­ Government or at the request of that Government; rities. The Inspectorate of Labour was to supervise Togoland police and security forces may then be tempo­ the application in business firms of the Labour Code rarily placed under the authority of the High Commis­ and of regulations for its application. In these functions, sioner by decision of the Togo land Government. Though the Inspectorate was to receive technical directives from this decree has not yet been promulgated, the provision the French authorities for the application of the Code, mentioned is regarded as presently applicable. and instructions from the Togoland authorities for the application of regulations adopted under the Code and 245. The agreements contained in the two proces­ of any general regulations which might be adopted on verbaux of Paris made it desirable, in the view of the labour and manpower. It was also mentioned that the Togoland Government, to change the Statute to give a Labour Inspectorate had a general role of adviser in regular form to some of those agreements. Consequently, regard to employers of salaried workers and to the on 13 February 1957 the Togoland Legislative Assembly Togoland Minister of Labour. adopted a wish (va>u) for the amendment of the para­ graph of article 26 here in question. The new text of the 250. The adoption of these principles, together with paragraph, as brought into force by the decree of22 Match various detailed provisions on their application, made a 1957, provides that the services responsible for defence, change in the Statute desirable. Consequently, the for external security and for frontier police are services Togoland Legislative Assembly adopted a wish (va>u) on of the French Republic. 13 February 1957 for the deletion of the words " of super­ vision and" from the paragraph, so that the Inspectorate 246. According to information supplied by the French of Labour would remain a French service only in its role Government, the service responsible for the defence of of adviser. This change was explained to the Assembly Togoland and stationed there amounts to a captain as meaning that the Inspectorate in its supervisory and a company of riflemen. Also, a service of external role (i.e., its essential role) would cease to be French; security and frontier police (consisting of a bureau chief the transfer, however, did not affect an essential principle and nine others) is attached to the High Commissioner's of the Labour Code by which the Labour Inspector had Office. the power of initiative regarding inspection trips and 247. The position of the gendarmerie is in summary inquiries, and therefore had the independence necessary as follows. It serves as judicial police for the criminal for his supervisory functions. The change requested by courts, and performs administrative police functions at the wish (va>u) of 13 February 1957 was incorporated in the request and on behalf of the Togoland Government. the Statute by the decree of 22 March 1957. The French According to an agreement on the interpretation of the Government stated to the Commission that at present the Statute, the High Commissioner may use the gendarmerie Inspectorate of Labour is essentially a Togoland service. for the maintenance of internal public order only at the request of or in agreement with the Togoland Govern­ (vi) Telecommunications stations ment. The chiefs of administrative districts, by delegation 251. The Statute, as originally put into effect, provided from the High Commissioner, have also the authority to that stations of the general network of radio telecommu­ use the gendarmerie for the maintenance of public order. nications, radio broadcasting and submarine cables were 248. The French and Togoland Governments regard to be French, receipts continuing to be divided in accor­ the Paris agreements and the amendments of the Statute dance with the rules in force. No such stations were made in March 1957 as having transferred to the Togoland then in existence, and none have since been created. The authorities complete responsibility for the maintenance only broadcasting and telecommunications station in of internal public order, safety (surete), general security Togoland is Radio Lome, a station of relatively low and police (see under article 5 above). power which does not form a part of the general n.etwork, and to which the paragraph in question of article 27 (v) The Inspectorate of Labour and Social Legislation in therefore does not apply. The phrase about the division its role as adviser of receipts consequently was without practical application. 249. The original text of this paragraph provided that 252. In the proces-verbal of the meeting of 15 Novem­ the Inspectorate of Labour and of Social Legislation should ber 1956 between the Minister of Overseas France and remain French both in its role of supervision (controle) Togoland representatives it was agreed that Togoland, and of adviser. In a meeting of 19 October 1956 between in conformity with the letter of the Statute, would retain the High Commissioner and members of his staff with the radio broadcasting and telecommunications station the Togoland Prime Minister and the President of the of Lome. It was also provided that Togoland partici- -30- pation in a central postal, telephone and telegraph office French metropolitan funds for price support of raw would be the subject of later conversations with a view materials, France would have had the right to ensure to concluding an agreement with that office, and that its control of external commerce and foreign exchange by possible relations between the Lome station and a French retaining the Customs Service. Nevertheless, France overseas network might also be the subject of an agree­ agreed to the modifications requested by the Territorial ment. Assembly because of a desire to have it understood that 253. The text of the wish (va?u) for the amendment of the intention of the French Republic was to give Togo­ the Statute adopted by the Legislative Assembly on land a full and complete autonomy for the management 13 February 1957 completely dropped the paragraph on of its own affairs. Therefore, France accepted the system telecommunications from the text of article 27. The of a Togoland Customs Service and a French Customs French decree of 22 March 1957, however, retained the Control Service even though it was considered technically paragraph in modified form, removing the phrase about less satisfactory than the original French proposal. the division of receipts and substituting a phrase to the 258. The amendments were adopted by the Territorial effect that the stations in question are to be created with Assembly, and were incorporated in the text of the Sta­ the agreement of the Togoland Government. It seems tute as promulgated. A later agreement was reached on clear that, if the creation of such stations were to involve the interpretation of the new provisions (see under any financial participation of Togoland, the Togoland article 28 below). Government would first have to obtain the approval of 259. A preliminary draft of a regulation on public the Togoland Legislative Assembly. administration concerning the functions of the High (vii) Aviation infrastructure Commissioner was discussed in a meeting of 15 Novem­ ber 1956 between the Minister of Overseas France and 254. The practical effect of this provision is that the Togoland representatives. This draft, which has not airfield of Lome remains under French operation and is yet been issued, provides that differences between the a charge on the French budget. The Lome airfield, which Customs Service and the Customs Control Service are is of class B, is at present the only airfield in Togoland to be submitted without delay to the arbitration of the which is suitable for international air traffic. It has also High Commissioner. The High Commissioner's deci­ been agreed, as the result of the proces-verbal of the meet­ sions, within eight days of their notification to the Prime ing of 19 October 1956, that the meteorological installa­ Minister, may be brought by the latter before the Minister tions for aerial protection remain French. of Overseas France, who has two months to decide; if there is no decision in that time, the Prime Minis­ (viii) Customs Control Service ter's appeal is considered to have succeeded on the 255. The division of authority in customs matters was merits. one of the most difficult points in the negotiations con­ (ix) The Togo/and Treasury cerning the Statute. The legislative power concerning import and export duties lay, even before the new Sta­ 260. The Treasury of Togoland is administered by tute, with the Togoland authorities. The French Govern­ the Treasury of the French Republic and disburses and ment, however, proposed in the draft of the Statute which accounts for both French and Togoland funds. As to was submitted to the Territorial Assembly in August French funds, the Service acts on French instructions, 1956 that the Customs Service responsible for collecting and as to Togoland funds on Togoland instructions. In import and export duties voted by the Legislative Assem­ its Togoland functions, the Treasury is under the autho­ bly and paid for the benefit of Togoland should remain rity of the Togoland Finance Minister. General instruc­ French, but an amount not exceeding five per cent of tions applied by the Treasury are given by the French collections, or threequarters of the actual cost of operating Ministry of Finance. In general, the Togoland Govern­ the service, should be paid to France. ment accepts the application of those instructions in the 256. The Political Committee of the Territorial Assem­ functions of the Treasury concerning the Togoland bly deleted this provision and replaced it by others budget. to the effect that the Customs Service was to become a 261. The Treasury has the right to object when it is Togoland service, but that certain rights of supervision requested to make a payment for which it does not over it were to be exercised by a French Customs Control believe there is sufficient legal basis, but in Togoland Service (see under article 28 below). The changes were matters it may be required to pay by a written requisition accepted by the French Government in a letter of of the Togoland Finance Minister; such a requisition 10 August 1956. removes all responsibility from the Treasury. 257. When the changes proposed by the Political (x) The Inspection Service Committee were discussed in the Territorial Assembly on 14 August 1956, it was stated, on behalf of the High 262. An inspector of administrative affairs is attached Commissioner, that the French Government would have to the Office of the High Commissioner, and is paid preferred that the Customs Service should remain French. from the French budget. Though he has no power to As Togoland belonged to the franc zone and to a French­ act on his own initiative in regard to Togoland affairs, Togoland economic community, as Togoland benefited in practice the Togoland Government may ask him to by commercial agreements concluded for the French inspect Togoland services, and this has in fact been done Union, and as Togoland also benefited from various in_several cases. -31- 263. The paragraph concerning the Inspection Service nation of the commission of crimes, offences and was deleted from article 27 as the result of the wish contraventions and for bringing those responsible (vll'u) of the Legislative Assembly of 13 February 1957. before the courts empowered to punish them.

(xi) Division of public buildings between France and Prime Minister's powers in criminal matters (article 29) Togo/and 268. This article was added to the Statute as the result 264. In pursuance of this paragraph and of an agree­ of the Vll'U of 13 February 1957 of the Legislative Assem­ ment resulting from the proces-verbal of the meeting of bly. The effect of the article is to transfer to the Togo­ 19 October 1956, a committee made up by common land Prime Minister certain powers to initiate criminal agreement was established to decide what buildings prosecutions which, before the Statute, were held by the remained French and what were to be turned over to Commissioner of the French Republic. The article was Togoland. A principle analogous to that stated in this explained in the Legislative Assembly as giving legally paragraph was applied under the same proces-verbal to to the Togoland Government the means of acting upon the division of vehicles. the prosecution when the internal security of Togoland was involved. Article 28. The High Commissioner, acting 269. It was explained during the Commission's through the Customs Control Service, shall have consultations with the Ministry of Overseas France that the right of intervention and control as regards the in regard to the great bulk of prosecutions the Procureur application by the Togoland customs service of regu­ de Ia Republique acted on his own initiative in the exe­ lations relating to external trade, currency, exchange, cution of the laws, and that action by the Prime Minister and the supervision and control of frontiers. under article 29 was rather an exceptional case. Moreover, when the Prime Minister did take such action, the obli­ High Commissioner's right. of intervention gation of the Procureur was strictly limited to that pro­ through the Customs Control Service (article 28) vided in the article, i.e., bringing the case to court; 265. This article was added to the Statute as the result the proceedings in court and even the conclusions which of the solution of the original difficulties over responsi­ the Procureur might submit to the court were matters in bility for customs matters (see under article 26, sub­ which the Prime Minister could not intervene. The section viii above). The solution finally reached was Ministry stated that there were two grounds for the that the Customs Service should be a Togoland service, Prime Minister's powers under article 29 : first, his but that there should be a French Customs Control responsibility for the maintenance of public order, which Service with a right of supervision over its activities. was within his normal competence; and second, the fact that such powers were traditionally within the compe­ 266. The Customs Control Service reviews and places tence of the Government or its representatives. its visa on all customs documents concerning foreign 270. The powers of the Prime Minister under the second trade and foreign exchange; it ensures that the documents paragraph to act either in person or directly through the are in order and are in accordance with foreign exchange judicial police, rather than using the channel of the Pro­ allocations and licences granted by the Togoland Govern­ cureur, are powers for use in an emergency of extreme ment. The object of this supervision is to ensure that seriousness, like the similar powers of the French Govern­ no irregularities occur in respect of foreign exchange. ment. 267. It was agreed as a result of the proces-verbal of 271. The interpretation of article 29 given by the Togo­ 19 October 1956 that the Customs Control Service would land Government is that the Prime Minister can act also have the right to supervise on the spot the action of under that article in respect of violations of law relating the Togoland Customs Service, but this supervision, to any subject within the affairs proper to Togoland (see unlike that of customs documents, cannot be systematic. under article 5 above), including the maintenance of The Customs Control Service, under the same proces­ public order; thus, he may act in respect of violations of verbal, has also the function of giving the Togoland the French Penal Code. The Prime Minister could, for Finance Minister any technical assistance in customs example, act in the repression of crimes and misdemea­ matters which he may request. The High Commissioner nours against the internal security of Togoland; he could is to be given functions of arbitration in differences not act, however, in respect of crimes and misdemeanours between the Customs Service and the Customs Control against its external security, as that matter remains Service (see above under article 27, section viii). within the competence of the French authorities. The competence of the Prime Minister in the establishment Article 29. In matters falling within the compe­ of the commission of crimes, misdemeanours and offences tence of the Togoland Government, the Procureur is a general one, as is provided by the second paragraph; of the (French) Republic shall be obliged, when so it consequently includes violations of law in both French requested by the Prime Minister, to carry out, in and Togoland matters. conformity with the instructions which he shall receive, the acts necessary to bring the matter before the courts. F. THE HIGH COMMISSIONER OF THE FRENCH REPUBLIC The Prime Minister may personnally carry out, or Article 30. The High Commissioner, who is ap­ require the competent officers of the judicial police pointed by a decree of the Council of Ministers, is the to carry out, all the acts necessary for the determi- permanent representative of the French Republic. -32- Instructions regarding the discharge of his duties shall which did not mean intervention in judicial action, but be given to him through the Minister for Overseas rather placing at the disposal of justice the means neces­ France. sary to it. Article 31 also recalled that the High Com­ He shall be assisted by an Assistant High Commis­ missioner, who was responsible for external security, sioner, who shall replace him in the event of absence was also concerned with internal security. According or disability and to whom he may delegate all or part to the French interpretation he could, therefore, in agree­ of his powers. In addition, he shall have at his dis­ ment with the Togoland Government or at its request, posal a cabinet and technical advisers. furnish his assistance to that Government (see under article 27, section (iv) above). Appointment and responsibility of the High Commissioner 275. The Togoland Government stated that the only (article 30) purpose of article 31 was to define powers within the 272. The text of this article in the original French matters reserved to the French Republic. That article draft was adopted without amendment by the Territorial did not give the High Commissioner powers which the Assembly on 14 August 1956. Certain amendments other provisions of the Statute did not assign to the French were proposed by the Legislative Assembly's wish (weu) authorities, but it fixed his position in relation to the of 13 February 1957, and were made in the decree of various French authorities, in particular those of justice 22 March 1957. One change was that the High Commis­ under French law and of military organization. sioner was no longer described as the permanent delegate 276. The French Government stated that the High "of the Government" of the French Republic, but Commissioner's powers under article 31 would hardly simply as the permanent delegate of the French Repub­ ever take the form of decisions which could be appealed lic; this change was made in order to bring article 30 against. Both the French and Togoland Governments into harmony with article 4. Another change was that agreed, however, that if the High Commissioner did take the second French official in Togoland, formerly called decisions under the article, those decisions could be the Secretary-General, is now called the Assistant High proceeded against in French administrative courts, with Commissioner. A further change has been explained a final decision by the Conseil d'Etat. in subsection (i) under article 27 above. Another change 277. In the scheme of organization and use of the made as the result of the wish was the deletion of the pro­ gendarmerie in Togoland, annexed to the prqces-verbal vision empowering the High Commissioner in the exer­ of the meeting of 15 November 1956 between the Minis­ cise of his functions to make arretes which might provide ter of Overseas France and Togoland representatives, sanctions of up to fifteen days' imprisonment and it was provided that one of the functions of the gendar­ 24,000 francs' fine. It was explained in the Legislative merie was, in the framework of article 31 of the Statute, Assembly that the provision was no longer justified, to assure the re-establishment of public order in case of because of the transfer of powers. serious disturbances; in this regard, the gendarmerie is under the sole authority of the High Commissioner, and Article 31. The High Commissioner shall watch that only he or authorities to whom he has delegated his over the proper administration of justice and the powers may make requisitions for its intervention. The maintenance of public order. He shall be respon­ High Commissioner can intervene in the maintenance of sible for the external security and defence of the Auto­ internal public order only at the request or with the nomous Republic of Togoland in conformity with agreement of the Togoland Government; chiefs of admi­ the laws and decrees in force. The land, sea and air nistrative districts may use the gendarmerie for that armed forces and the frontier troops and the gendar­ purpose (see above under article 27, subsection (iv)). merie shall be under his authority. Article 32. The manner in which the High Commis­ Functions· of the High Commissioner (article 31) sioner may exercise his powers in his capacity as the 273. In the original French draft submitted to the representative of the French Government and as the Territorial Assembly, this article began with a provision head of the civil service departments financed from that the High Commissioner was responsible for the the French budget shall be determined by administra­ internal and external security of Togoland. Though the tive regulations. provision was adopted without change by the Assembly, it was dropped from the Statute as promulgated in the Methods ofexercise of the powers of the High Commissioner decree of 24 August 1956. (article 32) 274. The Commission inquired whether article 31 278. As the result of an amendment adopted by the reserved powers to France in addition to those mentioned Territorial Assembly on 14 August 1956, the original elsewhere in the Statute. The French Government French draft was changed to specify that the High Com­ replied that article 31 added nothing to the powers enu­ missioner was the representative " of the French Govern­ merated in articles 26 and 27. Article 31 made the High ment" instead of simply "of the Government". No Commissioner responsible for directing the military regulation of public administration has yet been issued forces and for "watching over" (veiller a)- which it under this article, but a preliminary draft of one is annexed was stated in the last analysis meant observing with to the proces-verbal of the meeting of 15 November 1956 attention - the good administration of justice and the between the Minister of Overseas France and Togoland maintenance of public order. With regard to the admi­ representatives. Though this draft may be modified, nistration of justice, a traditional formula was used, some of the main provisions may be mentioned here. -33- 3* 279. Under the draft, the High Commissioner ensures three members of the Territorial Assembly- Dr. Ajavon, the promulgation, publication and execution of laws, Mr. Grunitzky and Mr. Mama-Fousseni- proposed decrees, etc., issued by central organs of the French in August 1956 that a new title VII on co-ordination, Republic under article 26 of the Statute. He communi­ consisting of four articles, be added to the Statute. The cates with foreign countries in Africa, with consular Territorial Assembly on 14 August 1956 adopted the draft representatives whose territory includes Togoland and introduced by those members, and it was incorporated with heads of territories under the authority of the in the Statute as promulgated on 24 August 1956. Minister of Overseas France. The High Commissioner 284. The first three articles of the title, which were organizes and directs the French services, has responsi­ articles 32, 33 and 34 of the original Statute, provided bility for their budget and the budget of the general that as to the action and co-ordination of the services of section (but not the local section) of FIDES, represents the French Republic, the officials of the service of general France in all acts of civil life and in particular in justice, co-ordination (an expression including the chiefs of and makes reports on French officials. The High administrative districts) were to receive their instructions Commissioner's functions in respect of disputes between from the High Commissioner (article 32). As to the the Togoland Customs Service and the French Customs co-ordination of the services of the Autonomous Republic Control Service have already been described (see under of Togoland, their functions were to be defined by the article 27, subsection (viii) above). Council of Ministers and to be exercised in accordance 280. The High Commissioner decides on the use of with instructions of the Prime Minister (article 33). As general security forces which are at his disposal; he may to co-ordination between French services and Togoland call upon (requerir) land, sea and air forces stationed in services, their functions were to be defined and instruc­ Togoland under conditions provided by laws and decrees. tions to be given by the High Commissioner and the The High Commissioner's role in the maintenance of Prime Minister, acting jointly (article 34). These provi­ internal public order has been discussed above (see sions were explained in the Territorial Assembly as being under article 27, subsection (iv)). If there is an external intended to remove any misunderstanding as to the threat or if disorders are fomented by foreign elements in responsibility of chiefs of administrative districts (com­ Togoland, the High Commissioner intervenes in liaison mandants de cercle and chefs de subdivision) on the local with the Togoland Government, and has the power to level, where the services of administration would not requisition Togoland police and security forces. necessarily be represented by their own officials, and 281. The draft further provides that the High Com­ where the chiefs of administrative districts might repre­ missioner, to meet the needs of the general policy of the sent them and exercise their functions. French Government, may, provided he reports his 285. Various matters concerning the officials of the action without delay, provisionally suspend and send service of general co-ordination were raised in the meeting back to metropolitan France any military personnel or of 15 November 1956 between the Minister of Overseas civil official other than a judge (magistral du siege) who France and Togoland representatives, and agreements on is exclusively under his authority. them were embodied in the proces-verbal of that meeting. It was agreed that those officials should be appointed 282. Finally, the High Commissioner may receive by the High Commissioner after agreement by the Prime delegated authority in regard to the application of laws Minister. In practice, chiefs of administrative districts and regulations concerning external commerce, currency, are appointed by an arrete of the High Commissioner, currency exchange, surveillance, frontier control or other fields reserved to France. which states in the preamble that the Prime Minister has agreed to the appointment. During the conversation held with the French Government in Paris on 12 July G. THE SERVICE OF GENERAL CO-ORDINATION 1957, the High Commissioner stated that, in practice, he OF ADMINISTRATIVE ACTION submitted a list of names to the Prime Minister who, in turn, indicated his choice to fill the posts of chief district Article 33. The powers of the officials responsible officers. It was also agreed that such officials should be for general co-ordination shall be defined in orders given performance ratings first by the Prime Minister, issued jointly by the High Commissioner and the and then by the High Commissioner. Both these agree­ Prime Minister and exercised in accordance with the ments are to be embodied in the regulation of public joint instructions of these two authorities. administration made under article 32 to determine the methods of exercise of the functions of the High Commis­ Co-ordination functions of the chiefs of administrative sioner. The High Commissioner also explained to the districts (article 33) Commission that he nominated only the chiefs of the 283. The original French draft of the Statute had only administrative districts and that it was for the Togoland the provision of article 27 as originally brought into Government to decide whether they should also perform force, that the service of general co-ordination of the such functions as Administrator-Mayor, authorizer administrative action of French and Togoland services (ordonnateur) of local budgetary expenditures, etc., or carried out by the Secretary-General and by the chiefs whether other officials should perform such functions. of administrative districts and their assistants should 286. It was also agreed in the Paris meeting of 15 remain French. A desire was felt in Togoland to lay November 1956 that as to matters within the competence down more precisely in the Statute the method of func­ of Togoland, co-ordination officials receive their orders tioning of the co-ordination services. Consequently from the Prime Minister. As they represent all the -34- Togol~nd Ministers in their administrative districts, they solely by the chiefs of administrative districts, and on a co-ordmate the action of all Togoland services there. The higher level by the High Commissioner and the Prime conditions of their action within this framework are Minister in personal contact. defined by orders (arretes) of the Prime Minister. 290. The position of the chiefs of administrative dis­ . 287. On 14 December 1956 two legal texts on the func­ tricts is a crucial one in the administration of Togoland. tions of the chiefs of administrative districts and their They have a principal part in the exercise of all executive assista.nts were is~u~d. One was a joint order (am!te) of powers, whether those of France or of Togoland, in their the High CommisSIOner and the Prime Minister 38 and districts, and they are also Presidents of the Customary the other was a decree of the Prime Minister.39 The Courts of First and Second Degree. Though the service joint arrete lays down the principle that chiefs of admi­ to which they belong is a French service and they are nistrative districts co-ordinate within their districts the paid by France, they are given performance ratings also a~tivities of the whole of the French and Togoland ser­ by the Togoland Prime Minister, who thus is in a position vices. Whenever necessary, and in particular when the to influence their advancement in their careers. They draft budget is drawn up, they may make proposals to are responsible as to French matters to the High Commis­ the High Commissioner or the Prime Minister to the sioner, and as to Togoland matters to the Togoland end that the French and Togoland services should act Government. By far the greater part of the activity of harmoniously and efficiently. They also hold, at least chiefs of districts (a part estimated by various officials once every two months, meetings of representatives of all in Togoland at between 90 and 95 per cent) is in Togoland the French and Togoland services in their district to matters, in which they are responsible to the Togoland ensure smooth administration. The chiefs of adminis­ Government. The chiefs of districts to whom the Com­ trative districts co-ordinate the French and Togoland mission put inquiries stated that their correspondence police services. They also have a role in the performance with the High Commissioner related almost entirely to ratings of all officials, both of France and Togoland administrative matters affecting themselves and their within their districts. ' subordinates in the same service. 288. The decree of the Prime Minister gives the chiefs 291. The service of co-ordination is now mainly of administrative districts a broad competence in Too-o­ composed of officials whose origins are in metropolitan land affairs. They have a function of co-ordination ;nd France. While all ten commandants de cercle still are supervision of all Togoland services in their districts. All French, serious efforts are now being made to train Togo­ correspondence other than that of a purely technical landers for positions in the service of co-ordination, and nature between the Togoland Ministries and their local in a few years' time a considerable change in its compo­ representatives passes through them. They follow the sition may be expected, which ultimately will affect the execution of the budget, give performance ratings to higher as well as the lower levels. all officials in their district, and are consulted about reassignments. They may be administrator-mayors Article 34. In administrative circonscription in of communes, and may, under the authority of the Prime which one or .more services of the Autonomous Re­ Minister, exercise an administrative guardianship over public ofTogoland are not represented, the chiefs of secondary communities other than those they administer the administrative circonscriptions and their deputies themselves. Finally, they are responsible for internal shall directly exercise the functions of the service or services concerned under conditions defined by ~ecurity. They perform their functions in these respects m conformity with instructions from the Prime Minister decisions of the Council of Ministers and the instruc­ and from the competent Ministers. tions issued by the competent Minister. 289. The provisions of the Statute on co-ordination Other functions of the chiefs of administrative districts were simplified as the result of the wish (weu) of the (article 34) Legislative Assembly of 13 February 1956 and the decree 292. This article is the last (formerly numbered 35) of 22 March 1957. Articles 32 and 33 of the original Sta­ of the new title VII added to the Statute by the Territorial tute were deleted, and article 34 (the present article 33) Assembly in August 1956. It was not changed by the was brought to its present form. These amendments amendments of March 1957. are not considered to have affected in any way the agree­ ment in the proces-verbal in the meeting of 15 November 293. As has already been shown in connexion with 1956, or the provisions of the joint arrete and decree of the previous article, the chiefs of administrative districts 14 December 1956. The changes were explained in the have broad functions which are not strictly confined to Legislative Assembly as accentuating the character of the co-ordination in a narrow sense, and in Togoland matters functions performed by the chiefs of administrative dis­ they are responsible to the Togoland Government. For tricts in the capacity of agents of the Togoland Govern­ example, they are responsible for internal security, and ment. The abolition of the post of Secretary-General in this regard are under the Togoland Minister of the by the amendments of 22 March 1957 means that co­ Interior and Prime Minister. They have also the func­ ordination between French and Togoland services, tions of informing the Prime Minister periodically and, powers and functions is carried out on the local level in addition, whenever necessary of the economic, poli­ tical and social situation in their districts, and in this connexion they may be called upon to furnish statistics "Arrete conjoint No. 1-HC-PM of 14 December 1956. which would be gathered by special services in places " Decree No. 56-29 of 14 December 1956. where those services are represented. -35- H. MISCELLANEOUS PROVISIONS Assembly on 14 August 1956 on the proposal of Dr. Aja­ Article 35. The Autonomous Republic of von, Mr. Grunitzky and Mr. Mama Fousseni. Togoland shall continue to benefit from the provisions 300. The French Government informed the Commis­ of the Act of 30 April 1946 establishing the Invest­ sion that as the period of establishment had not yet been ment and Economic and Social Development Fund completed, no plan of recruitment had so far been (Fonds d'investissement et de developpement econo­ drawn up. The Togoland Government stated that the mique et social). services of the French Republic already had a relatively high proportion of Togolanders, not only in the subor­ Aid from FIDES (article 35) dinate ranks, but also in higher positions. In Togoland 294. This article was added to the Statute as the result itself, during the last eight months, an effort had been of an amendment adopted on 14 August 1956 by the made particularly for the entrance of Togolanders into Territorial Assembly on the proposal of three of its the co-ordination service. Eight Togolanders are now members, Dr. Ajavon, Mr. Grunitzky and Mr. Mama in that service; three are chefs de subdivision and three Fousseni. The amendment was explained as intended to are assistants to commandants de cercle. avoid any interruption in the work of economic develop­ ment in Togoland. I. EVOLUTION OF THE STATUTE 295. The first plan undertaken with the help of FIDES was started in 1947 and closed in 1953. Under it Article 37. The present Statute which is suscep­ 2,418,950,226 francs CFA (equivalent to twice that tible of evolution may be modified following a wish number of metropolitan francs) were spent by Togoland (weu) expressed by the Togoland Legislative Assem­ from FIDES credits, or about 400 millions francs CFA bly. No modification may enter into force until it a year. 2,999,787 francs left over from this plan will be has received the favourable vote of that Assembly. paid to Togoland in 1957. The procedure for the evolution of the Statute (article 37) 296. The second plan began in July 1953 and will close on 30 june 1958. By 1 July 1956, credits of 301. The words "which is susceptible of evolution" 1,470,000,000 francs had been put at the disposal of were added to the Statute as the result of an amendment Togoland, or 490 million francs a year. For the period adopted on 14 August 1956, by the Territorial Assembly. July 1956-June 1957, the FIDES credits allocated to 302. Both the French and Togoland Governments Togoland were 496 million francs, bringing the total stressed that the initiative in proposing amendments to credits of FIDES under the second plan to 1,966,000,000 the Statute lay in the hands of Togoland authorities, francs. The Togoland Government understands that and that therefore the progress made through the Statute the whole programme for July 1957-June 1958 which it was irreversible, as powers and functions transferred to has presented will be accepted, and that credits granted Togoland could not be taken back by France without for that period will probably amount to at least 600 mii­ the agreement of the Legislative Assembly. Both also lion francs, which will constitute a considerable increase agreed that the final decision about amendments was over previous years. for the French Government, which had the legal power 297. The third plan will begin in July 1958 and will to accept amendments requested by a wish (weu) of the close on 30 June 1962. The whole programme of econo­ Legislative Assembly, to accept them in part and reject mic and social development may now, in the view of them in part or to reject them wholly. There is no legal the Togoland Government, be estimated at 4,000 mil­ course open to the Togoland Government against the lion francs. FIDES will be asked to finance this pro­ decision of the French Government not to accept an gramme to the extent of 3,000 million francs (or 750 mil­ amendment of the Statute. lion francs a year), and the Togoland Government for 303. Both the French and Togoland Governments gave its part would devote 1,000 million francs (or 25 million an account of the procedure for amendment of the francs a year) to the improvement of economic condi­ Statute, based on the procedure for the amendments of tions in the country. 22 March 1957. In practice, those amendments were 298. The Togoland Government stated that up to prepared by discussions between the Minister of Over­ 1956, a third of the FIDES credits were granted in the seas France and the Togoland Prime Minister and form of repayable loans bearing 2.2 per cent interest President of the Legislative Assembly. The text adopted per annum. Since August 1956, credits granted are no by common agreement of the French and Togoland longer repayable. representatives was then brought before the Legislative Article 36. The Minister of Overseas France and Assembly. Matters may be brought before the Assem· the Togoland Council of Ministers shall jointly pre­ bly either by its members, as was the case with the wish pare plans for the recruitment of staff and the orien­ (weu) of 28 December 1956, or by the Togoland Govern· tation of students, with a view to accelerating the ment, as was the case with the wish (wm) of 13 February entry of Togoland officials into the services of the 1957. The Togoland Government, it was stated, may act French Republic listed in article 27. either on its own initiative or may transmit to the Assem­ bly a draft modification of the Statute proposed to it by Entry of Togolanders into French services (article 36) the French Government. 299. This article, like the previous one, was added to 304. The Legislative Assembly then deliberates upon the Statute as the result of a vote of the Territorial the draft or the wish (vll'u) in accordance with the pro· -36- cedure provided by its rules of procedure (discussions in these and other differences between the texts of 13 Feb­ committees, reports in a public meeting, deliberation ruary and 22 March did not affect the substance itself and vote in a public meeting). The Legislative Assembly of the revision of the Statute, on which the French and may of course modify drafts submitted to it, and in fact Togoland authorities had arrived at an agreement. made modifications of detail in the draft wish (vll'u) sub­ mitted by the Togoland Government and adopted on J. TRANSITIONAL PROVISIONS 13 February 1957. 305. The wish (va'u) adopted is then sent to the Minis­ Article 38. As long as Togoland remains under ter of Overseas France for submission to deliberations the International System, such provisional trustee­ by the French Government. The Minister has the new ship as seems advisable (une tutelle provisoire d'op­ text drawn up in the form of a decree modifying the portunite) shall be exercised over the powers of the decree of 24 August 1956 by which the Statute was origi­ Togoland authorities in order to enable the French nally promulgated. This draft is sent to the Council of administration to discharge all its obligations under State for examination and advice (the draft of the decree Chapter XII of the United Nations Charter and under of 22 March 1957 was sent to the Council of State on the Trusteeship Agreement. 19 February 1957). Thereafter the draft is deliberated upon and adopted by the French Government, signed by Provisional Trusteeship (article 38) the President of the Council, and countersigned by the 308. This article is in the form originally proposed by Minister of Overseas France. France to the Territorial Assembly, and no modification 306. A comparison of the texts of the records of the has been made in it. The article is implemented by the Legislative Assembly and of the decree of 22 March 1957 right of veto provided in the following article. reveal some slight differences, which seem to show that in that case the principle of article 37 that no modification Article 39. This tutelle provisoire d'opportunite of the Statute can enter into force before a favourable shall be exercised by means of a right of veto on the vote by the Legislative Assembly was not rigorously part of the Minister of Overseas France over the laws adhered to. Some of the differences are purely matters of Togoland and a right of veto on the part of the of drafting. Two of them, however, seem to have some High Commissioner over the decisions of the Council substantial effect. One is the amendment to article 22 of Ministers and of the Ministers. The right of veto raising the limit of fines imposed by regulations of the may only be exercised within a period of ten clear Togoland Government from 24,000 to 36,000 francs. days from the date of the second reading of the relevant There is no evidence that this change was approved by law in accordance with article 11, or from the date of the Legislative Assembly. The other is the paragraph publication of the decision. The application of the in article 27 relating to telecommunication stations of provisions of article 20 shall be suspended during the general network. This paragraph was dropped the period of the tutelle provisoire d'opportunite. entirely from the text of article 27 as given in the wish (vmu) of 13 February 1957. In the decree of 22 March Right of veto of the Minister of Overseas France 1957, however, the paragraph is included, with the re­ and of the High Commissioner (article 39) placement of the last phrase by a new one (see above 309. This article is also in the form originally proposed under article 27). by France. 307. The Commission took this matter up with the 310. The Commission put questions to the French and French Government, which stated that the various Togoland Governments on the scope of the right of veto, changes had been made as a result of its consultation and the remedies which might be had in case it was with the French Council of State, which had proposed used incorrectly. The French Government replied that certain amendments essentially in order to improve or the Togoland authorities, strengthened by political and clarify the text in its form or to resolve a legal difficulty. administrative experience gained under the trusteeship Thus, the limit on fines had been increased from of a parliamentary democracy and reinforced by the 24,000 francs to 36,000 francs because between 24 August exercise for ten years of more and more important 1956 and 22 March 1957 a French law had increased the powers, had shown since the promulgation of the Statute maximum rate of fines; the decree modifying the Statute, a high intelligence in the exercise of the governemental having been adopted after the law, had to follow its responsibilities created by the Statute. It was therefore provisions, or else the amount of the penalty provided unlikely that the right of veto would ever be used. Never­ in article 22 would have been reduced to 24,000 francs. theless, in so improbable an eventuality, the Minister In proposing an addition to article 27, para. 7, the Council of Overseas France or the High Commissioner would of State observed that, since the French and Togoland certainly state the reasons for his decision by referring Governments were in agreement on both the possibility to the obligation mentioned in article 38 which the French of establishing stations of the general network and on administration would find it impossible to assume. the necessity to make such establishments dependent on The Togoland Government agreed that the exercise of the agreement of the Togoland authorities, it was pre­ the right of veto could be justified only by the necessity ferable to include in the Statute, without ambiguity, the of allowing the French administration to assume all the solution adopted. The suppression of the paragraph obligations of Chapter XII of the Charter and of the would have had the same result, but its meaning would Trusteeship Agreement. Both Governments stated that be less clear. The French Government concluded that there was a remedy, through recourse to the Conseil -37- d'Etat, against an exercise of the veto contrary to the elections to the Legislative Assembly. The term of terms of article 38, i.e., for reasons other than the exer­ office of the present Legislative Assembly will last until cise of trusteeship responsibilities. The Togoland Govern­ 11 June 1960, unless the Assembly is earlier dissolved ment or any private person could have such recourse. (see under article 13). 31 I. As to what kinds of decisions could be the sub­ Article 41. The financial provisions in article 27 ject of a veto, the French Government stated that only shall enter into force on 1 January 1957. Until that a positive decision of the Togoland Legislative Assembly, date, the financial provisions at present in force in Prime Minister or Minister, which violated one of the Togoland shall remain effective. obligations resulting expressly for France from the United Nations Charter or the Trusteeship Agreement, 313. The French Government explained that this could be vetoed. Both Governments stated that the article meant simply that, as the Statute entered into right of veto would not apply to a decision to dissolve the force in August 1956, it was impossible at that date to Legislative Assembly or to hold or not to hold elections, make the division between the budget of Togoland and since those decisions did not concern the obligations of the budget of local French Services. That division could the trusteeship. The Togoland Government also stated be made only at the end of the financial year 1956, that the veto would not apply to the appointment of a that is, as from 1 January 1957, by means of the adoption Minister or his removal from office (article 15); to a of the Togoland budget and the inclusion of special decision of the Prime Minister concerning the attribution credits for the French services in the French finance law of Togoland services to the Ministers (article 18); to the for 1957. Prime Minister's appointment of a commissa ire du gouver­ 314. The French Government stated that the financial nement (article 26); to the Prime Minister's exercice of provisions of the Statute resulted in a substantial lessen­ his powers under article 29; to refusal by the Prime Min­ ing of the expenses of Togoland; a considerable sum ister to associate himself with a joint arrete or a joint was borne by the French taxpayer, and no longer by the instruction under article 33; or to decisions concerning Togoland taxpayer. The Togoland Government stated the functions of chiefs of administrative districts under that article 27 unburdened the budget of Togoland of article 34. None of those decisions, in the view of the considerable expenses, but that this only compensated Togoland Government, concerned the exercise of the for new charges against the Togoland budget, arising responsibilities of the Trusteeship. from the functioning of new institutions. Article 40. The present Territorial Assembly shall Article 42. Articles 38 and 39 shall cease to have become the Togoland Legislative Assembly on the effect as from the intervention of the action terminat­ date of the publication of this Decree in Togoland. ing the Trusteeship System. The duration of the powers of this Assembly shall not exceed that of the term for which it was elected. Termination of the effect of articles 38 and 39 (article 42) 315. This article makes clear, as stated by the French Continuation of the Territorial Assembly as the Legislative Government, that the provisional trusteeship, and the Assembly (article 40) rights of veto by which it may be exercised, will come to 312. This article has not been amended. Its effect is an end when Togoland is no longer under the Interna­ discussed above under article 6, under the heading of tional Trusteeship System.

CHAPTER III

THE SITUATION RESULTING FROM THE PRACTICAL APPLICATION OF THE STATUTE

A. STATUS OF THE TERRITORY AND ITS INHABITANTS Togoland could be considered as an "Associated State". In support of this view, it stated that Togoland was a 316. Article 1 of the Statute states that Togoland is an State with general internal sovereignty and that it was "Autonomous Republic" whose relations with the French represented in the Assembly of the French Union. Republic in a community of spirit and interests are defined by the present Statute. It has been noted above 317. In face of these somewhat divergent positions, it that the Commission sought information as to the status seems appropriate to comment that despite certain ana­ of the Territory within the framework of title VIII of the logies between the position of Togoland and that of the French Constitution. In brief, the position of the Associated States, there are certain important differences French Government was that the provisions of title VIII of status. Thus, the acts defining the relationship of did not now apply to Togoland, and that its status was these States with France are agreements between States defined only by the Trusteeship Agreement for as long as contracted by both parties. The Associated States possess it remained in force, and by the Statute. On the other the right to organize their own diplomatic representation, hand, the Togoland Government took the view that defence forces and system of justice. They have been since the Statute was despite its unilateral form in reality represented in the Assembly of the French Union and not a bilateral agreement between France and Togoland, in the French Parliament. All rights enjoyed by France -38- a.nd by French nationals are the subject of specific provi­ the Togoland Government in order to ensure that they swns of these agreements or of annexed conventions. It remain within the limits fixed by the Statute. This is therefore difficult to conclude that Togoland is an Asso­ review is exercised first by the right of the High Commis­ ciated State within the meaning of the French Constitution. sioner to ask for a second reading of a bill adopted by the 318. Charges were made by the opponents of the Sta­ Legislative Assembly, and secondly by his right to bring tute in Togoland that it brought about or tended to action before the French Conseil d'Etat, the highest French administrative tribunal, against any Togoland bri~g about an integration of Togoland in the French ymon, or even more seriously in the French Republic law. or act of the Togoland Government. In addition, Itself. Reference was made in this connexion to the fact dunng the " transitory" period until !the termination of that the powers reserved to France under the Statute are trusteeship, France possesses a control in order to enable the French administration to discharge all its obligations reserved t~ the organs of the French Republic, to the representatiOn of Togoland in such organs and to the under Chapter XII of the United Nations Charter and reciprocal enjoyment of rights and freedon{s by French under the Trusteeship Agreement. This control is and Togoland nationals. exercised in the form of a veto by the Minister for Over­ seas France on acts of the Legislative Assembly, or by . 319. These charges of integration in the French Repub­ the High Commissioner on the acts of the Council of hc have been denied by the French Government which Ministers and Ministers. pointed out that the relationship of Togoland ~ith the French Republic was defined by the Statute. In its 322. Togoland retains its previous representation in the French National Assembly and Council of the view, it was difficult to describe as integration an 4 arrangement under which powers had been transferred Republic and in the Assembly of the French Union. 0 The present representatives are as follows : to re~resentative institutions in Togoland. It explained that If Togoland at any time no longer wished to be Deputy: Mr. Nicolas Grunitzky; :epresented in the central organs of the French Republic, Members of the Council of the Republic: Mr. J. Zele, 1t would be free to withdraw its representation. The Mr. Robert Ajavon; Togolan~ authorities for their part considered that they Member of the Assembly of the French Union: Mr. Mama had left m the hands of the French authorities only those Fousseni. powers which it was advantageous and necessary to This representation is, of course, much less than the do so in view of the circumstances of the country. They Territory would be entitled to if it was represented on expressed their intention to take over such powers as soon the same population basis as metropolitan France. In as they were able. explaining this representation, which it considered as being of a provisional character, the Togoland Govern­ B. POLITICAL INSTITUTIONS OF TOGOLAND ment referred to the concept sometimes called the African community (communaute franco-africaine), and some­ General considerations times the French Commonwealth, which was still in a 320. As a result of the Statute and the implementation formative stage. Title VIII of the French Constitution of its provisions, a considerable change has occurred in was being revised, and it might well be that some federal the political institutions of the Territory. In place of a assembly might, in due course, be established. In the relationship between the central organs of the French meantime, the present Togoland representation in the Republic and the local organs of Togoland in which the central organs of the French Republic enabled its voice former adopted basic laws and regulations in all fields to be heard on the matters which it had placed in common and in which the Togoland organs adopted the locai with France and the Overseas Territories. bud.get, managed the property of the Territory and The Legislative Assembly adv1sed the Governor on the detailed regulations for the application of basic legislation, there has been substi­ 323. The Legislative Assembly of Togoland is, as tuted a relationship in which a large number of compe­ regards membership, a continuation of the Territorial tences have been devolved to the Togoland authorities Assembly elected on 12 June 1955 on the ;basis of a re­ while other competences have been reserved to the stricted franchise. The electoral lists at the time contained French Republic. The fields reserved to the French 190,053 electors, compared with 438,175 at the time Republic are specified in various articles of the Statute, of the referendum of 28 October 1956, for which universal both in respect of subjects of legislation and regulations adult suffrage applied. For a full list of the results of (article 26) and of services carried out by the French that election, reference should be made to the report of State and hence supported by the French budget the 1955 Visiting Mission. 41 It is sufficient to remark (article 27). The Togoland Government and Legislative Assembly have competence in respect of all matters •• The membership of these organs is as follows : Metropolitan Overseas Total proper to Togoland, which, as interpreted by both the France France French Government and the Togoland Government, National Assembly . . . 544 82 626 means all those fields which are not expressly reserved to Council of the Republic . 249 70 319 the French Republic by the Statute. Assembly of the French Union ...... 102 102 204 321. On the other hand, France, through the French Thirty of the overseas seats in the National Assembly were not High Commissioner in Togoland, possesses the means filled at the last general election. of review of the acts of the Legislative Assembly and of 41 See T/1238, pp. 8 and 9. -39- here that the Assembly is composed of fifteen represen­ of 6 June 1957 places conditions on the exercise by the tatives of the Parti togolais du progres from the various Prime Minister of his right of dissolving the Legislative southern constituencies and of fifteen members of the Assembly. Union des chefs et des populations du Nord; sixteen of 328. Outside its legislative functions, the Assembly the members are Government officials, or former Govern­ has adopted, inter alia, detailed rules of procedure, a ment officials, seven are chiefs, while seven are engaged motion dated 2 November 1956 calling for the termina­ in the professions, commerce or agriculture on their own tion of trusteeship, and a wish (va?u) calling for the modi­ account. All members were elected unopposed, except fication of the Statute. These modifications were pro­ in the Lome and Palime constituencies, which were con­ posed by the Government, accepted by the Committee tested unsuccessfully by the Mouvement populaire on Legislation and adopted by the Assembly with one togolais, one of the opposition parties. The other amendment of form in the course of its meeting of opposition organizations, the Comite de l'Unite togo­ 13 February 1957. laise and the Mouvcment de la jeunesse togolaise, did not participate in the 1955 elections, claiming that the The Togoland Government Administration had adopted an openly hostile attitude towards them. 42 329. In contrast with the short-lived Government Council, which it succeeded and of which many of the 324. The Legislative Assembly held its first meeting present Ministers were members, the Togoland Govern­ as such on 4 September 1956, electing Mr. Robert Ajavon ment possesses, subject to the reserve powers of the High as its President. Commissioner and to the principle of responsibility to 325. It may be of interest to mention some of the main the Legislative Assembly, full authority within the compe­ topics on which the Legislative Assembly has acted. tences which it possesses. In place of a general right Perhaps the most important law which it has yet adopted of information and inquiry into particular Government is Law No. 56-2 of 18 September 1956, which determines services possessed by the former members of the Govern­ in the framework of the Statute the powers of the Togo­ ment Council, the individual Ministers have a full right land Government and the powers reserved to the Legis­ of direction over the services included in their respective lative Assembly. Other laws on the general organiza­ Ministries. 43 tion of the country are a law adopting a flag, a national 330. While the Government Council was a policy­ motto, a national anthem and a national holiday; a 44 forming body and deliberated on regulations enforcing law for protection of the flag, imposing penalties of the decisions of the Territorial Assembly and on other imprisonment for fifteen days to three months and/or matters, it was composed to the extent of one-half of fines of 10,000 to 15,000 francs on outrage or injury to officially appointed members with the Commissioner of the flag in any form and either orally or in writing; and 45 the Republic possessing a casting vote. Its decisions were a law creating, with effect from 1 January 1958, a new promulgated by order of the Commissioner. The pre­ subdivision of Bafilo in the administrative district of sent Government is appointed entirely by a Prime Minister Sokode. who is designated by the High Commissioner, after con­ 326. A number of laws have dealt with finances. Laws sultations with the Legislative Assembly, and is invested of 28 December 1956 and of 28 March 1957 provided by the Assembly. It forms policy and approves decrees budgets for the first and second quarters, respectively, and regulations on its own responsibility. If certain of the financial year 1957. Other laws have reduced general acts of the Government are adopted in the Council tariffs on certain kinds of cotton cloth and abolished an of Ministers presided over by the High Commissioner, it export tax on one grade of tapioca. There have been was emphasized to the Commission that the role of the two laws authorizing the Prime Minister to make con­ High Commissioner is that of a formal presiding officer. tract loans with the French authorities for the purpose Moreover, the amending decree of 22 March 1957 has of stabilizing the prices of Togoland products. Another stressed the role of the Cabinet Council presided over law of 28 March 1957 reorganizes indigenous provident by the Prime Minister. Finally, all acts of the Togoland societies (societes indigenes de prevoyance) as Togoland Government are promulgated by the Prime Minister. rural mutual societies, with a somewhat different purpose 331. The Togoland Government was formed by than formerly. Mr. Grunitzky, Secretary-General of the Parti togolais 327. A law of 9 November 1956 46 provided that du progres, on 14 September 1956. With some changes municipal elections should be held on 28 April 1957. of portfolios, its present composition is as follows : A later law of 28 March 1957, 47 however, provided that Prime Minister: Mr. Nicolas Grunitzky; those elections should be postponed until a date to be Minister of State in charge of the Interior and of the Postal fixed by decree in the Council of Ministers after promul­ Service and Telecommunications: Mr. Mama Fousseni; gation of a new law on municipal organization. 48 A law Minister of Finance: Mr. Georges Apedo-Amah; Minister of Agriculture, Animal Husbandry and Waters 42 See T/1238, pp. 8 and 9. "Law No. 56-1 of 18 September 1956. and Forests: Mr. Antoine Meatchi; "Law No. 57-7 of 28 March 1957. Minister of Mines, Public Works and Transports, of the "Law No. 57-12 of 28 March 1957. Economy and of the Plan: Mr. Lubin Christophe; " Law No. 56-3. Minister of Commerce and Industry: Mr. Pierre Schneider; " Law No. 57-9. "See section C below. Minister of Public Health: Mr. Jean Richard Johnson; -40- Minister of Labour and Social Affairs in Charge of the Ministry of Labour, of Social Affairs and of Public Edu­ Ministry of Public Education: Mr. Leonard Baguilma cation: Ywassa; Office of the Minister Minister of Information and of the Press: Mr. Emmanuel Fiawoo. Inspectorate of Labour and of Social Laws Manpower Division 332. It may be remarked that three of the Ministers, the Prime Minister, Mr. Mama Fousseni and Mr. Fiawoo, Social Assistance Service are members of the Legislative Assembly. Four of the Office of the Ministry of Public Instruction Ministers, the Prime Minister, Mr. Apedo-Amah, Division of Studies (Direction de l'enseignement) Mr. Johnson and Mr. Fiawoo, are from the south of the Medical Inspectorate of Schools Territory; three of them, Mr. Mama Fousseni, Mr. Meat­ chi and Mr. Ywassa, are from the north; and two, Sports Mr. Christophe and Mr. Schneider, are Europeans of Ministry of Information and of Propaganda: French nationality. Office of the Minister 333. The services of the Government have been assigned to the various Ministries according to the Information Service following list: Radio Broadcasting Station Prime Minister: Basic (Adult) Education Office of the Prime Minister Ministry of Public Works, Transport, Mines, the Economy Legal Counsellor and the Plan: Division of the Public Service Division of Public Works: Research Institute of Togoland Aeronautical Infractructure Service Official Journal of the Autonomous Republic of Togo­ land Topographical Service Meteorological Service Ministry of State: Maritime Registry Office of the Minister Lighthouses and Buoys Division of the Interior Transport: Security (siirete) Division Garde togolaise Division of Railroads and of the Wharf Division of Postal Services and Telecommunications Division of Mines and Geology Administrative Garage Ministry of Finance: Services of the Economy and of the Plan Office of the Minister The Financial Adviser Ministry of Commerce and Industry: Finance (Budget) Division Office of the Minister Direct Taxes Division Service of Economic Affairs Services of Registration, Revenue Stamps and Public 334. Some of these services are solely services of central Property (Domaines) administration, for example, the Legal Counsellor, the Civil Service Division, Togoland Research Institute, the Ministry of Agriculture, of Animal Husbandry and of Journal officiel, the Financial Adviser, the Finance Waters and Forests: (Budget) Division, the Inspectorate of Labour, the Divi­ Office of the Minister sion of Mines and Geology, the Service of the Economy Agriculture Division and of the Plan, the Statistical Service and the Service of Animal Husbandry Division Economic Affairs. Division of Waters and Forests 335. Other central services are, on the other hand, Service for Grading Agricultural Products (Service du supplemented locally by services of execution, for example conditionnement) police commissariats for the Division of Security (Surete), tax collection services for the Direct Taxes Division, local Ministry of Public Health: services of agriculture, of animal husbandry, of waters Office of the Minister and forests and of grading of agricultural products Public Health Division (conditionnement), hospitals and dispensaries for the Division of Public Health, primary, secondary and pro­ Inspectorate of Pharmacies fessional schools for the Division of Public Instruction, Pharmaceutical Supply Service local services of public works, local postal, telegraph and Tokoin Hospital telephone services. Medical Assistance 336. Finally, the commandants de cercle and the chefs Hygiene Service de subdivision represent, in their respective administrative -41- districts, the Government as a whole. 49 They normally organization of justice according to French law and of receive their instructions in all fields within the compe­ administrative jurisdictions to the central organs of the tence of the Togoland Government from the Prime French Republic and provides that the services concerned Minister, but each of the Ministers, and in particular the with the administration of justice under French law, the Minister of State in charge of the Interior, may give them criminal courts and the judicial police and identity ser­ orders. They co-ordinate and supervise the activities of vice shall be services of the French Republic. The the various Togoland services stationed in their adminis­ Legislative Assembly is competent to organize the trative districts. In addition, they are responsible to the various customary courts which regulate civil disputes High Commissioner for certain activities of such services between Togoland citizens of customary civil status. The of the French Republic as may exist at a local level and Legislative Assembly is also competent to modify by for co-ordinating these services and the Togoland ser­ law the rules of customary civil status, subject to the vices at a local level. It was represented to the Commis­ conditions specified in article 8 of the Statute. Finally, sion that in actual fact there were few such services active it should be noted that the Legislative Assembly can, locally, and that for by far the greater part of their acti­ under article 9 of the Statute, provide certain penalties vities, they were responsible to and reported on by the for the breach of Togoland laws. Breaches of such laws Togoland Government. would be prosecuted before the courts applying French 337. The various services of the Togoland Govern­ law and the penal code. ment are almost entirely the services which existed before 341. In practice, none of the authorities competent the Statute came into effect. Only a small number of to alter the judicial system of the Territory have intro­ services have had to be created from the start. The prob­ duced any modifications in it. The system, or rather lem of the Togoland Government has, for the most the two separate systems of French and customary courts, part, been one of re-organization rather than organiza­ remain exactly as they have existed for several years, and tion. The various pre-existing services have been put as in particular they are described in the annual report under the authority of the Togoland Ministers, rather of the Administering Authority for 1955.52 The only than being, as before, responsible to the Commissioner of change which was receiving even distant consideration the French Republic. The chiefs of the services have been was the possibility of establishing an appeals court for made subordinate to, and in some cases technical advisers Togoland separate from the Court of Appeal of Abidjan of, their respective Ministers. in the Ivory Coast, to which decisions from Togoland are 53 338. The functions of the various Ministers are, in appealable. general, confined to their own Ministries. Two Ministers, 342. Finally, it should be noted that as a result of the however, have a certain degree of supervisory authority Decree of the French Government of 22 March 1957, which is provided in a decree. 50 The Minister of Finance the Prime Minister possesses the power to give instruc­ draws up the budget of Togoland, and he also reviews tions to the Public Prosecutor to bring matters within all decisions in individual cases which may have financial the competence of the Togoland Government before consequences on the Togoland budget. Also, the Minis­ the Courts. He is also competent to give instructions ter of Public Works, Transport, Mines, the Economy to the officers of the judicial police in respect of all and the Plan, as well as the Minister of Finance, reviews breaches of the law. decisions in individual cases which may have financial consequences on the budget of the Plan. 343. In view of the different systems of courts in civil matters, brief reference may be made here to the different 339. Ministers may assign civil servants and agents types of status possessed by various inhabitants of who have been put at the disposal of their Ministries to Togoland. First, all nationals of Togoland (ressortis­ the various services within that Ministry. Appointment sants togolais), a term which is not yet defined, are and removal of directors and of chiefs of service, however, declared to be Togoland citizens. As a counterpart are for the decision of the Prime Minister. The only of rights enjoyed by Togolanders in France, the disciplinary powers of Ministers are warning and censure; Statute provides that French citizens in Togoland are the remaining disciplinary action is for the Prime Minis­ entitled to all the rights and liberties enjoyed by Togo­ ter, who alone has competence to bring cases before the land citizens. Togoland citizens are described by the Disciplinary Council. 51 Government as being divided into two categories, those of customary civil status, and those of French civil status. The Judiciary The latter consist of Togolanders who have opted for such status by means of naturalization as French citizens 340. The Statute by itself introduced no changes in or, for example, by being married before an office: ~f the judicial organization, although it specifically reserves the French Civil Register, or by having their birth simi­ legislation and regulations concerning the penal code, larly recorded. There is thus, the Government stated, the code of criminal procedure, etc., and concerning the a class of Togoland citizens who, as a result of obtaining French citizenship or by an option in favour of Fre~c~ 49 For a more detailed discussion of the role of members of the civil status, is subject to the rules of the French ClVll Co-ordination Service, see chapter II above, particularly un~er article 34. For a discussion on the Africanization of the Service, see section D below. ., See in particular pages 61-70. 50 Decree No. 57-44 of 3 April 1957, article 7. •• At present, appeals are heard by a Chamber of that Court, 51 Arrete No. 2-PM of 27 September 1956, article 1. sitting at Cotonou in Dahomey. -42- Code. These explanations seem to indicate that persons 10 million francs to build markets in various localities can enjoy double French and Togoland nationality. and considered in some detail the ways and means of repaying the loan. C. LOCAL GOVERNMENT: DISTRICT AND MUNICIPAL 347. The municipalities in the Territory were, with the COUNCILS AND CHIEFDOMS exception of Lome which dates from before World War II, established in the years from 1950 to 1953. Lome since 344. The Statute of Togoland leaves the organization 1950, and the other municipalities since their establish­ of local government in Togoland unchanged, and in ment, have been communes mixtes du troisieme degre, fact contains only one reference to local government that is to say, they have an official as Administrator-Mayor, institutions-namely, the provision that the District and a Municipal Commission elected by universal adult Councils (consei/s de circonscriptions) concerned must be suffrage. There are seven municipalities in the Terri­ consulted before any legislation is adopted to change tory : Lome, Anecho, Atakpame, Sokode, Palime, Tsevie local custom. The power of legislating in such matters is and Bassari. By the French law of 18 November 1955, by implication transferred to the Legislative Assembly Lome, Anecho, Atakpame and Sokode were to have which, so far, has not adopted any law in this field. The become communes de plein exercice, that is to say, muni­ local government system is therefore the same as that in cipalities whose executive officers would be mayors existence before the adoption of the Statute, the most elected by the Councillors among themselves. This law recent changes introduced in 1955 having transformed the was applied in the French Overseas Territories and the powers of the District Councils from advisory to deli­ Cameroons in the latter half of 1956, but by laws of the berative in matters within their competence and having Togoland Legislative Assembly, elections under the conferred civil personality upon them. French law were first postponed until 28 April 1957, 345. The Commission met with most of the District and then postponed sine die, by the Togoland authorities, Councils and Municipal Commissions through Togoland, the reason given being that a new bill was in course of either holding conversations with the members or attend­ preparation. The Togoland Government has instead ing formal meetings or doing both. In both types of recently introduced a bill establishing six municipalities bodies, the members receive no compensation and the as communes de plein exercice, organized in a manner main annual business consists in determining the objects which has, according to it, been largely inspired by the on which public funds should be spent, and deciding on situation in Ghana. This bill had not yet come up for the amount of money to be raised by revenue (by a dis­ action by the Legislative Assembly before the Commis­ trict head tax mainly) or by loans (from the Central sion left the Territory. In the meantime, on 30 April Fund of Overseas France). The draft budget is prepared last, the members of the Lome Municipal Commission by the commandant de cercle or Chief Subdivisional elected in 1951 on a joint CUT-Juvento list submitted Officer or, in the case of the Municipalities by the Admi­ their resignations in order, the Commission was told, to nistrator-Mayor, a position held by the official concerned. protest against the delay in municipal reform and in the Once the budget has been voted, its execution also remains holding of municipal elections. the sole responsibility of the official concerned. According 348. In introducing this law, the Togoland Govern­ to circumstances, there might or might not be informal ment stated that the French law of 18 November 1955, conversations between the officials and the members of which assimilated Togoland municipalities in part to the Councils on how the works programmes were being those of metropolitan France, did not correspond to the implemented. realities of Togoland life. Togoland municipalities should be regulated by Togoland laws. The Municipal 346. The Commission inspected the minutes of most Councils should decide upon the affairs of their muni­ of these bodies, from which it appeared that the majority cipality, but they should be subject to the control of the of them meet only twice a year, once before the beginning central Government, particularly in financial matters. of the year to vote the budget, and once in May to reallo­ Elections would continue to be by universal adult suf­ cate any funds that may not have been spent in the pre­ frage, but would be based on wards, instead of having vious year. The May meeting of several of these Councils a single-list constituency composed of the whole of the was postponed in order to enable the Commission to be Commune. The execution of the Council's decisions present. In general, these meetings were fairly brief. should be entrusted to officers known as Secretaries-Gene­ The Palime Municipal Commission, composed mainly ral to be appointed by the Councils with the approval of of members of the opposition, objected in principle to the higher authorities; members of the Council would not the holding of such a meeting, since in their view new be eligible for appointment to this post. The Mayors elections should already have been held. The Tsevie would be elected by the Councillors from amongst District Council wished to allocate the money to repair themselves, but would be mainly presiding officers. The pumping stations, a vital necessity in view of the shortage powers of the new municipalities would be commensurate of water in that District. The Lama-Kara District with their limited financial resources. Council accepted the proposal of the Chief Subdivisional Officer that the unspent funds should be mainly reallo­ 349. Various criticisms of these proposals were made cated for the purposes for which they had originally been by the opposition parties. Reference was made to the voted only after considerable criticism of the delay and lack of precision about the electoral provisions, compared after receiving assurances that the projects concerned with those of the French law of 18 November 1955. In would soon be begun. The Sokode District Council, on particular, the Togoland draft law did not contain provi­ the other hand, discussed a proposal to raise a loan of sions concerning the preparation of the electoral lists by -43- commissions on which all parties would be represented, on chiefly authority as existed in local tradition. A nor did it provide for the distribution of the electoral hierarchy of superior and cantonal chiefs arose, even cards by similar commissions. The provision by which when it had no foundation in their former institutions. electors must have resided in the municipality for one 354. The superposition of the bitter political dif­ year and candidates for four years was regarded as too ferences on this authoritative pattern of chieftainship restrictive. The control exercised by the Central Govern­ which, over the years, has become deeply entrenched ment on the operations of the municipality was consid­ among the chiefs and notables, has resulted in a mis­ ered to be excessive and the substitution of an appointed conception on the part of traditional chiefs as to the role Secretary-General for an elected Mayor as executive and functions of political parties in the evolution and officer was held to be a retrograde step. The main criti­ formation of a truly representative democratic society. cism of the opposition was, however, against the long, and This would seem to account in a very large measure for in their view deliberate, delay in holding municipal the reaction of chiefs to opposition parties by regarding elections. any opposition to the policy of the Administration as 350. As regards the District Councils, no immediate opposition to their authority and as a threat to local reforms are projected. It is true that the powers were order, even to the extent of viewing with irritation the increased in 1955, but the infrequency of meetings and freedom of assembly which was enjoyed by the opposi­ the fact that budgetary proposals are usually brought tion on the occasions of the Commission's visits to their to the attention of the Councils only at the meeting at chiefdoms. which they are to be adopted tends to maintain them 355. There are, moreover, indications that the para­ in practice, if no longer in theory, as advisory bodies to mount position of chiefs is being more and more ques­ the Chief District Officer. To be more effective, the tioned as the result of the progressive introduction of Councils must be associated at an earlier stage in the democratic processes in local institutions. In the Ewe formulation of proposals and at a later stage in their areas in particular, where the opinion of the people on implementation. the future of the Territory is divided, chiefs have often 351. One of the difficulties preventing more rapid found themselves in a conflict of loyalties to the Adminis­ evolution lies in the method of election and in the com­ tration and to their people. Party conflicts have tended position of the District Councils. The method used in to transform themselves into rival claims to the same 1951 when the Councils were first established is still in chieftainship. In other areas, particularly in the north, effect, namely, that the inhabitants of each village, under the chiefs have tended to regard opposition to the policy the authority of the village chief, elect at a first stage a of the Administration as opposition to their authority number of electors and that the electors in a second stage and as a threat to local order, and to regard the persons conducted by secret ballot choose the members of the concerned with disfavour. Many of them regarded with Council. The way in which this method of election is irritation the freedom of assembly enjoyed by the opposi­ carried out produces as a consequence a preponderance tion on the particular occasion of the Commission's of chiefs and notables. This is particularly true in certain visit. Many of them claim and presumably exercise Councils in the north, especially in the Lama-Kara and powers with respect to banning political meetings which Bassari Districts. Even the District Council of Tsevie, they do not legally possess. In accordance with tribal in the south of the Territory, contains a high proportion traditions, the chiefs regard themselves as obliged to of chiefs. The influence of the chiefs in these Councils maintain peace and order in their chiefdoms and tend is all the greater because of their general position in the to regard modern reforms, the exercise of political acti­ political and social life of the Territory, built up under a vities, and even the occasional visits of United Nations system as described below. It is fair to mention that Missions, as a threat to their traditional authority and some Councils contain a proportion of young educated to the maintenance of peace and order. members. This appearance of an increasing number of educated members is a commendable trend, since the need for them grows greater with the progressively more D. THE CIVIL SERVICE AND THE AFRICANIZATION complex and technical work which the Councils are being OF THE cadres called on to carry out. 356. When the Togoland Government was formed, the 352. The position of chiefs in traditional societies may services transferred to it were assigned to the various have been a strong and autocratic one in a few centrally ministries with little, if any, internal modification. The organized tribes, such as the Tchokossi or the Cotocoli, officials continued to serve in the particular cadres to but anthropological research seems to indicate that in which they belonged; some of these cadres - the general others the institution either did not exist at all (e.g., the cadres - provided the supervisory and technical services Konkomba), existed on a local scale only with no higher for all French Overseas Territories and assimilated ter­ chiefs (e.g., the Cabrais), or was surrounded by the safe­ ritories, while others - the higher and local cadres - guards afforded by a customary council and by tribal were organized on a territorial basis according to local assemblies (the tribes of the south in general). regulations. 353. The colonial system of administration had the 357. The following table, supplied by the Togoland effect of reinforcing the authority of the chiefs, because Minister of Finance, shows the division of personnel the ywere used as agents of the Administration, and at between the various cadres and the emoluments which the same time loosening such constitutional limitations they receive. -44- PERSONNEL EXPENSES - GENERAL BUDGET

Europeans Africans Total Cost Cost (francs C FA) Number (francs CFA) Number (francs CFA)

Civil servants of gene- ral cadres and con- tractual employees assimilated to those cadres 141 164,000,000 40 41,000,000 205,000,000 Civil servants of higher cadres and con- tractual employees . 6 6,555,000 261 173,400,000 179,955,000 Local cadres. 2,195 741,000,000 741,000,000 Permanent agents 7 2,700,000 1,712 148,000,000 150,700,000 --- TOTALS. 154 173,200,000 4,208 1 '1 02,900,000 1,276,655,000 Ministers, advisers and Togoland delegation 22,300,000 Common expenses and sundry . 116,000,000 GRAND TOTAL (61.3 per cent of operating expenses). 1,414,955,000

358. In reply to further questions, the Togoland (Surete) Division, Division of Postal Services and Tele­ Government submitted detailed tables showing the divi­ communications, Financial Adviser, Finance (Budget) sion of the personnel between the different cadres and Division, Direct Taxes Division, Services of Registration, between officials of French and Togoland origin in each Revenue Stamps and Public Property (Domaines), cadre. It gives the following figures : Agriculture Division, Animal Husbandry Division, Division of Waters and Forests, Service for Grading Europeans Togo/anders Total Agricultural Products (Service du conditionnement), General cadres 121 44 165 Public Health Division, Inspectorate of Labour and of Higher cadres 71 247 318 Social Laws, Division of Studies (Direction de l'ensei­ Local cadres 2,541 2,541 gnement), Sports, Division of Public Works, Division of TOTALS . 192 2,832 3,024 a Railroads and of the Wharf, Division of Mines and Geology, Administrative Garage, Statistical Service, Office of the Minister, Service of Economic Affairs. On a It will be noted that the figures given in the above two tables the other hand, Togolanders were performing the duties do not exactly coincide. The discrepancies were not noted until it was too late for the Commission to seek an explanation of them. of directors of the cabinets of the Prime Minister and the Ministers of Finance, of Agriculture, of Public Health, of Labour and Public Education and of Information. It is emphasized that the salaries of all these European Togoland officials were also directing the Official Journal officials, amounting to some 175 million francs, are met of Togoland, the Labour Service, the Service of Social from the general budget of Togoland, which also makes Assistance and all services in the Ministry of Information, contributions to the appropriate pension funds. Only which are largely new services. There were also several the expatriation allowance which they receive for service services in which Africans were preparing to take over in Africa is a charge on the French budget. On the other as directors of existing services, notably the Post and hand, the French budget pays the salaries of all officials Telegraph Service, where the Assistant Director was a in the services of the French Republic and also of officials Togolander who had recently returned from Dahomey. in the co-ordination services. It is to be noted that the 360. In various statements to the Commission, the main part of the duties of officials in the latter service are Prime Minister emphasized that, all the more so because performed on behalf of the Togoland Government. of financial difficulties, the Government was determined 359. Finally, the Commission requested information to proceed with the Africanization of the cadres and with as to the extent to which the various services were direc­ the reorganization of the Civil Service in general. For ted by European officials or Togolanders. In replying, the latter purpose, the French Government had put at the Ministers emphasized that the services had been taken his disposal a special adviser. As regards Africanization, over by the Togoland Government with their existing the Government was first asking the French Government directors, all of whom were French, but that the direc­ to return to Togoland Togolanders serving in the general tors have been placed under the authority of the Minis­ cadres elsewhere. Secondly, it had increased the number ters. In the intervening period, it had not been possible of scholarships for higher education abroad (from about to bring about many changes, so the situation remains 55 in 1956 to about 90 in 1957) and was ensuring that the mainly as before. Thus, French officials headed the scholarships were awarded for subjects in which the following services: Legal Counsellor, Division of the country most needed the technical officials. Already, Public Service, Research Institute of Togoland, Office the medical services were well provided with qualified of the Minister of State, Division of the Interior, Security Africans. Finally, the Government was carrying out -45- 4 training schemes within the Civil Service itself, so that Togolanders have recently entered the National School for example clerks could qualify for posts in the higher of Overseas France with a view to receiving a formal cadres. training for such posts. 361. Finally, the Prime Minister stated that Togolan­ ders would have preference for all posts for which they E. THE MAIN ECONOMIC FEATURES OF THE TERRITORY were qualified. In the meantime, technical personnel was not automatically assigned to Togoland by the French 365. As in most countries in tropical Africa, the tradi­ Government, but was made available by the latter in tional basis of the economy of Togoland is agriculture. accordance with the requests of the Togoland Government, Although the soils are not particularly fertile, the popu­ which was free to dispense with their services when no lation, by its industry and by the variety of climatic longer needed. factors, is able through agriculture, stock-breeding and fishing to provide for its own traditional food supplies 362. Emphasizing the financial difficulties caused by and at the same time to produce crops for export. the high proportion of salaries to operating expenditures, the Prime Minister informed the Commission that the 366. The main food crops are manioc, maize, yams, Government had had to ask the Legislative Assembly to rice, millet and sorghum and beans, while the main repeal the provision of the Lamine-Gueye Law adopted export crops are cocoa, coffee, copra, palm oil and nuts, by the French Parliament several years ago by which ground-nuts, shea nuts and cotton. The production of allowances were payable in respect of all children of teak wood derived from the existing plantations will be officials. Under the new Togoland law, allowances are important in a few years' time. Stock-raising is hardly payable in respect of a maximum of six children, a measure yet carried out on rational lines, but is already an impor­ which, while undoubtedly unpopular with certain poly­ tant economic factor through exchanges with neigh­ gamous officials, should put an end to certain abuses on bouring Territories. Fishing is the main source of income of coastal regions. The mineral resources of the country which the Trusteeship Council has commented unfavou­ 1 rably in the past. have only recently been thought capable of industrial exploitation. The phosphate industry will shortly enter 363. The foregoing remarks apply to the services under into large-scale production. The few other industries the control of the Togoland Government. It will be established in the Territory are concerned with the recalled that article 36 of the Statute envisages the prepa­ processing of agricultural products. ration of plans for accelerating the entrance of Togo­ landers into the services of the French Republic in 367. The main exports vary remarkably from year to Togoland. While no plans have yet been drawn up to year and are composed of the following principal products, implement this principle, the Commission was however with the average production in parentheses: cocoa informed that these services already contain ~ relative!; (4,500 tons), coffee (6,400 tons), copra (5,000 tons), high proportion of Togolanders, even in the higher posts. palm nuts (10,000 tons), palm oil (1,200 tons), ground­ nuts (3,000 tons), shea nuts (2,000 tons), cotton 364. Emphasis was rather being placed by the Govern­ (1,800 tons), manioc (5,300 tons). One of the main causes ment on placing Togolanders in the service of general of irregularity in the exports of the Territory, and hence co-ordination.54 At present, all the commandants de in its foreign trade balance and budgetary situation, is the cercle are Europeans, as are the majority of the Chief clandestine movement of cocoa across the frontier with Subdivisional Officers. Eight Togolanders are at present Ghana. Depending on whether the Ghana guaranteed so employed, of whom three are Chief Subdivisional price or the world market price was more attractive, the Officers, and three are assistants to commandants de cercle. apparent cocoa production of Togoland has varied Certain of these appointments were made just before the from 2,000 to 14,000 tons. Recently a price support arrival of the Commission, and it was maintained by scheme has been introduced in Togoland, and may be certain petitioners that the appointments had been made expected to reduce the amplitude of such fluctuations. specially to impress it. Speaking generally in approval Total exports amounted to 49,529 tons with a value of of the Government's policy of Africanization of the 4,274 million francs in 1954, to 53,619 tons with a value cadres, the High Commissioner, at a meeting between of 3,882 million francs in 1955, and to 45,819 tons with the Councils of Ministers and the Commission, stated a value of 2,336 million francs in 1956. 55 that the French authorities were quite prepared to appoint Africans to positions in the co-ordinating services. The 368. The corresponding figures for imports are objective had been laid down that in a few years even in 63,590 tons of a value of 2,718 million francs in 1954, the French Overseas Territories, 66 per cent of similar 66,301 tons of a value of 3,146 million francs in 1955, posts should be held by persons from such Territories. and 69,940 tons of a value of 2,673 million francs in Appointments to the co-ordinating services were made by 1956. him with the approval of the Prime Minister. He had 369. Some 70 per cent by volume of the exports is been prepared to appoint Togolanders to posts of Chief directed to France, with another 10 per cent to Ghana. Subdivisional Officer, even if he might have thought that Since the open-door regime applies to Togoland, imports the officials in question might serve a further appren­ are much more varied than exports, France supplying ticeship. Finally, it should be noted that four young

55 These and all other sums mentioned in the present report ar_e 54 For a detailed discussion of the role of this service, see chap­ given in francs CFA. 1,000 francs CFA = 2,000 francs metropoh· ter II above, especially under article 34. tan = $US 5.71. -46- 44 per cent, Ghana 17 per cent, the dollar zone 9 per cent, heavy transport costs. It is intended, therefore, at heavy Great Britain 7 per cent, etc. All the foreign exchange cost, to tar the road from the railhead at Blitta to Da­ earnings of Togoland are credited to France, which in pango, thus reducing road transport costs by more than return provides the Territory with a much larger amount half. With regard to encouraging industries, the Com­ of foreign currency for its imports. Thus, for the year mission noted with interest that it is intended that a 1957, the Territory's exports would earn foreign currency greater proportion of the country's exports should be to the amount of some 450 to 500 million francs, and had dispatched from the Territory in a fully processed state received a first allocation of foreign currency of 1,500 mil­ and that more imports should be brought in in an unfin­ lion francs. Recently, this had seemed to be insufficient, ished state. Certain funds are to be devoted to the and a further 400 million francs had been made available construction of new schools, hospitals and other social for the purchase of cloth mainly in Great Britain and the institutions. Netherlands. 374. The terms of reference of the Commission were 370. On the question of the application of the provi­ primarily political in character, but it had some oppor­ sions of the European Common Market Treaties to the tunities of seeing what was being done, both within the Territory of Togoland, the former Minister of Overseas scope of the Development Plans and in the normal course France, Mr. Defferre, informed the Commission that if of activities of the agricultural service. Thus, members the Treaties were ratified, Trust Territories under French of the Commission inspected the commendable scheme administration were not going to be integrated as mem­ by which several thousand Cabrais from the over­ bers but would be rather associated members. This populated Lama-Kara District are being settled under meant, from the economic point of view, that these carefully controlled conditions in the hitherto sparsely Territories would only have the benefits of investments populated region of East Mono. and of a wider market, and not the duties pertaining to 375. They also visited the neighbouring cotton Re­ the European members of the Treaties. From the poli­ search Station at Kolecope, supported entirely by the tical point of view, and where Overseas and Trust French budget, where more satisfactory varieties of Territories were concerned, the policy was to help these seed are selected for distribution among the growers Territories maintain their identity and help them to of the region. Rice cultivation is being introduced in attain self-government or independence. several districts with encouraging results. A visit to the 371. In reply to a further question, the Minister stated experimental station at Defale, near Niamtougou, that there was no legal obligation to have a Togoland provided some insight into the irrigation techniques representative in the organs of the European Common which could be profitably applied in the surrounding Market, but that in practice they might name a Togo­ hill country. Similar stations studying local problems lander to these organs. are at work throughout the country. 372. There is one Togoland firm engaged in foreign 376. There are two important respects in which the trade. Otherwise, the imports and exports of the Terri­ Statute impinges on the economic life of Togoland. The tory are handled almost entirely by large European firms, first derives from articles 35 of the Statute, which states mainly French and British, active along the whole of the that Togoland shall continue to benefit from the provi­ West African coast. It seems clearly desirable that sions of the Law of 30 April 1946 setting up the Fund efforts should be made to bring about a greater partici­ for Investment and for Economic and Social Develop­ pation of Togolanders in foreign trade. ment (FIDES). This fund has in the past made avail­ able to the Territory the funds necessary for certain of 373. The economic development of Togoland is being its development expenditures, amounting to a total of fostered by the Government by means of a succession 1,966 millions from July 1953 up to June 1957, through of Four-Year economic and social Development Plans, the agency of the Central Funds of Overseas France of which the second is to be completed this year and a (Caisse centrale de la France d'outre-mer). For the third is being drawn up at the present time. In its inter­ third four-year plan (July 1958 to June 1962) it is anti­ views with the Minister of Public Works and of the Plan, cipated that about 3,000 million francs will be provided the Minister of Agriculture and the Minister of Commerce by FIDES, out of an approximate total expenditure of and Industry, the Commission was provided with cer­ 4,000 million francs. Since 1953, the arrangement has tain information on the orientation of the new plan and been that all funds made available for social projects are on its principal objectives and was also furnished with grants, while funds for economic development consist the text of a draft law soon to be submitted to the Legis­ to the extent of 75 per cent of grants and of 25 per cent lative Assembly embodying these objectives. In general, of loans at an interest rate of 2.2 per cent. The Caisse the new plan lays the main emphasis on the expansion centrale also makes loans to local bodies in Togoland for of agricultural production, mainly for export; to encour­ their own development projects. age this, stress is laid on the improvement of rural water supplies and the construction of 500 dams is to be under­ 377. The necessity for Togoland to have access to taken, most of them small, but including one large dam such sources of development capital and also to the for hydroelectric purposes on the Mono River. The technical assistance made available by France is one of export production of the Territory comes to the extent the main reasons advanced by the Government and its of 94 per cent from the south of the Territory, and only supporters for the maintenance of political ties with of 6 per cent from the north. This is due partly to cli­ France. It is argued by them that an isolated indepen­ matic factors, but mainly to poor communications and dence would be contrary to the spirit of the times and to

-47- the urgent need for the rapid economic development of soon be replaced by a Federation of Mutual Rural Togoland. Only in a spirit of inter-dependence with Societies of Togoland. France as envisaged by the Statute could Togoland progress. 378. It was represented, on the other hand, by cer­ F. THE BUDGET tain opposition spokesmen, and notably by Juvento, that the aid supplied by France in the first years of 382. As has been stated above, the budgetary position FIDES had been in part the equivalent of the advantage of the Territory is liable to considerable fluctuations, reaped by France from buying African products at less which are mainly a function of the prices of exported than the world market price and in part the counter­ products, particularly cocoa. part of the Marshall Plan aid. While this was no longer 383. In 1954, when cocoa prices in Togoland under the case, the plans of economic development under French administration were high, the budget showed a FIDES were, by the terms of the law creating it, "to surplus, in 1955 it was more or less in equilibrium, contribute to the execution of the programme for the but with the drop in cocoa and other export prices which development of the economy of the French Union, both occurred in 1956, the budgetary position became difficult at the metropolitan level and at the level of international and has remained so this year. exchanges". In their view, FIDES was not a simple economic aid to the territories benefiting from it, but a 384. Among the transitory provisions of the Statute, system of economic and political integration. article 41 stated that the financial provisions of article 27 would enter into effect on 1 January 1957 and that in 379. The second important impact of the Statute on the meantime the previous financial provisions would Togoland's economic life is in regard to its foreign trade remain applicable. Thus, it was not until the beginning and the related field of currency and exchange. The of 1957 that the principle of a separate Togoland budget, legislation and regulations in respect of these matters for which the Ministers would be fully responsible, was are expressly reserved to the central organs of the French to enter into effect. At the same time, financial respon­ Republic under article 26, while a Customs Control sibility for the services mentioned in article 27 would Service is listed under article 27 among the services of the be transferred to the French budget. In actual fact, French Republic. Particularly in its interviews with the the Togoland Government did not place a draft budget Minister of Commerce and Industry and with the Min­ before the Legislative Assembly by that date, since it ister of Finance, the Commission sought information stated the magnitude and complexity of the problems on the limitations which these provisions placed in prac­ arising from the application of the Statute in the budge­ tice on the Togoland Government. As regards foreign tary field had not permitted it to present for the approval trade, foreign currency that is put by France at the dis­ of the Legislative Assembly properly considered docu­ posal of the Togoland Government is allocated by the ments. It therefore presented to the Assembly, which Ministry of Commerce among the various importers adopted it a finance law for the first quarter of 1957, according to their requests and following the advice of by which provisional credits were opened for the Minis­ the Chamber of Commerce. A French Exchange Con­ tries and for the railways and wharfs, calculated on the troller has a right to inquire into whether the exchange basis of expenditures in November 1956 increased by is really needed and is being put to proper use, but does the credits necessary for the functioning of the new insti­ not participate in its allocation. tutions. The total of these expenses was 150 million 380. Similarly in customs matters, the customs duties francs per month for general expenses, and 38 millions - both export and import- are fixed by the Legisla­ for the railways and wharfs. tive Assembly and collected by the Togoland Customs 385. Before adopting that law, the Legislative Assembly Service. The French Customs Control Service exercises also had to consider and adopt another government only a supervisory role with a view to ensuring mainly proposal authorizing the Prime Minister to request from that the exchange regulations are observed.56 the French Treasury an advance of 502 million francs, 381. Finally, reference may be made to the Credit du consisting of some 381 millions resulting from the pro­ Togo, a Franco-Togo land Public Company, with a bable deficit for 1956 and of some 120 millions resulting capital of 50 million francs subscribed half by Togoland from the unsettled deficits from previous years. In and half by the Central Fund of Overseas France. The presenting the Bill, the Government stated that the Min­ fund, which began its activity immediately before ister of Overseas France had accepted the principle that the arrival of the Commission, is to make loans for the the sum advanced should be a grant and that the past construction of houses, for agricultural purposes, for deficits should not weigh on the future prospects of the assistance to small traders and tradesmen and for the Territory. purchase of furniture. It will provide special assistance 386. By a law dated 28 March 1957, the Legislative to rural co-operatives. It enters a field . occupied pr~­ Assembly declared that the final vote of the 1957 budg~t viously by the Common Fund of the Indigenous Provi­ should take place before 30 June 1957 and voted provi­ dent Societies which had, from 1947 to 1956, lent some sional credits for the first six months totalling some 119 million f;ancs for similar purposes, but which will 1,029 millions for general expenses, and 232 millions for the railways and wharfs. It also stated that no change 56 The procedure for settling any disputes between. the two should be made, for the time being, in the number of services has been described in chapter II above, under article 28. posts except for a few new posts specified in an annex. -48 -- 387. Finally, the draft finance law for the Territory Territory from its own revenues. The Government has was presented to the Legislative Assembly shortly spoken of achieving economies from a reorganization before the Commission's arrival in the Territory. Its of the civil service, but has not found it possible to achieve general structure was described as follows to the Commis­ substantial economies within the scope of the present sion by the Togoland Government: budget. While a certain relief, amounting to some 180 million francs, is afforded to the local budget by the Receipts transfer of the services mentioned in article 27 to the francs CFA French budget, the establishment of new institutions Indirect taxes . . . . . 1 ,300,000,000 entails additional expenses. The 1957 Togoland budget Direct and accessory taxes 400,000,000 is actually some 293 millions higher than the 1956 budget, Sundry receipts . . . . . 150,000,000 and the prospective deficit is increased from 290 millions Subsidy of the French Republic 450,000,000 to 450 millions. The Togoland Government turned to ToTAL 2,300,000,000 the French Government and was able to get a subsidy to cover that amount. This is in addition to the 400 mil­ Expenditures lion francs that that Government is making available francs CFA over two years for installation expenses and to the sums Personnel . . 1 ,300,000,000 provided by FIDES for general development. Material . . . 300,000,000 392. Public Works 100,000,000 Opposition spokesmen tended to take a different Public Debt . 100,000,000 view of the country's financial difficulties. They stated Sundry . . . 500,000,000 that over a period of more than twenty years, up to 1951, the ordinary budget of the Territory had been more often TOTAL 2,300,000,000 than not in balance, often showing considerable surpluses. Since 1952, the Progress Party had sought to show by a 388. This general budget also contains a sum to cover systematic policy of budget deficits that Togoland could a deficit of some 63 million francs in the budget of the not do without France. Much of the expenditure was railways and wharfs, for which credits of 462 millions not in the best interests of the country, but was spent in are requested. political patronage. Togoland was a healthy and vigo­ 389. There is also a draft Law on Programmes for rous country, which wished to pay its way, but the present the year 1957-1958, which proposes appropriations for Government, rather than asking an effort from the providing the administrative equipment of Togoland, country, preferred to seek help, cap in hand, from Paris. and in particular a programme of construction of build­ On assuming responsibility for the country's finances, ings for the central organs (the Assembly, the Minis­ they had carried on at the same rate of expenditure, tries and the official printing office) and for the forces without making a detailed inventory of the resources responsible for the policing and the internal security of and revenues of the Territory and adjusting expenditures the country. The general structure of this law is as to fit them. follows, for the year 1957-1958: 393. Opposition spokesmen also contrasted the diffi­ cult financial situation of the Territory with what they Receipts considered to be excessive salaries paid to Ministers and francs CFA members of the Legislative Assembly. They supplied Subsidy of the French Republic 400,000,000 details of the basic allowances and allowances for repre­ Participation of Togoland . 60,000,000 sentation, housing and travel paid to the Ministers and ToTAL 460,000,000 members.

Expenditures 394. One point of interest in budgetary matters is the francs CFA fact that the Treasury Service for Togoland is carried out Administrative equipment . . . 200,000,000 by the Treasury Service of the French Republic. In reply Equipment of security forces . . 200,000,000 to questions by the Commission, it was explained that Housing for officials and sundry 60,000,000 the role of the French Treasury Service in relation to Togoland was an accounting one. The Service received TOTAL 460,000,000 revenue and made disbursements on behalf of and in accordance with the instructions of the appropriate 390. The budget was being discussed before the Legis­ authorities of the Togoland Government, the Minister lative Assembly, but had not been voted when the Com­ of Finance being the principal authorizer of expenditures mission left the Territory on 30 June 1957. under the Budget. The Treasury Service was entitled 391. At the present rate of expenditure, it is a matter to decline in the first instance to make payments for of general agreement by all interested parties that the which proper authority did not seem to exist, since it present financial position of the Territory is a difficult was financially responsible for any improper payments. one. According to the previously given figures, it will be It was obliged, however, in the event of disagreement, difficult to" balance even the ordinary budget of the to accept the written orders of the Minister of Finance.

-49- CHAPTER IV

POLITICAL CONDITIONS UNDER WHICH THE STATUTE IS BEING APPLIED

A. POLITICAL PARTIES: THEIR PROGRAMMES AND AIMS peoples. It nevertheless considered that the maintenance of trusteeship was incompatible with the regime of 395. There are two political parties represented in internal autonomy granted to Togoland by the trustee the Legislative Assembly, the Parti togolais du progres power, since on the one hand it would mean that the (PTP) and the Union des chefs et des populations du United Nations would not recognize that Togolanders Nord-Togo (UCPN). One opposition party, the Mouve­ were fit to govern themselves, and on the other ha~d ment populairc togolais (MPT) contested unsuccessfully France's right of veto over Togoland laws would remam. the Lome and Palime constituencies at the 1955 elections. That was why the Party, in a general Congress held at The other opposition party, the Comite de !'Unite togo­ Lome on 12 May 1957 and attended by the impor~ant laise (CUT) which was the majority party until 1951, chiefs branch leaders, parliamentary representatives did not participate in the 1955 elections, but is still and r~presentatives of the UCPN, had decided to inte~­ represented on the municipal councils of Lome and 57 sify its action in favour of the cessation of trusteeship Palime. A further opposition movement, the Mouve­ which in their view the referendum had shown to be ment de Ia jeunesse togolaise (Juvento) has not been the a;dent wish of' the majority of Togolanders. In recognized as a party by the Administration, since it has asking for the termination of the trusteeship, Tog~land not contested any elections separately from the CUT. wished to have the privilege and honour of becommg a None of the opposition parties took part in the refe­ "direct member" of the United Nations. rendum campaign. 399. Finally, the Party stated that Togola~d h~d not 396. The Parti togolais du progres is active mainly sought incorporation within the French ~m?n, It had in the south of the territory. Its supporters in the North found itself there by virtue of the ConstitutiOn of .the are limited to people from the South active there in Administering Authority; at the time of the establish­ Government service or in trade, and it has never run ment of the Autonomous Republic, Togoland had separate candidates against those of the UCPN. In the decided to stay within the French Union, with~ut ~om­ South, there are several chiefs among its supporters, pulsion, for as long as the economic and financial situa­ and some of them have been successful candidates of the tion of the Territory would not allow them to take over party to the Territorial Assembly. However, they are by themselves the different burdens of. any y~ung St~te: not the majority of its members in the Legislative Assem­ issuing of money, establishment of diplomatic relatiOns bly. The President of the Party is Mr. Herman Furney. and the like. Its leaders are the Prime Minister, Mr. Grunitzky, who is its Secretary-General, and the President of the Legis­ 400. To this principal statement of the point of view lative Assembly, Mr. Ajavon. The Party has fifteen of the Parti togolais du progres (PTP) must be adde.d statements made by the Prime Minister at the public seats in the Legislative Assembly and four Ministers in the Cabinet (the Prime Minister, Mr. Apedo-Amah, gathering at the stadium in Lome, shortly afte~ the Mr. Fiawoo and Mr. Johnson). Commission arrived in the Territory, by the President of the Legislative Assembly,58 and various statements 397. In the statement presented to the Commission made before the Commission by local leaders of the by the Executive Committee of the Party, it was stated Party at public meetings. 59 Emphasis was made in these that the main objective of the Party since its formation in speeches on the existence of internal auton?my, on the 1946 had been to bring about the rapid development of determination to widen this autonomy as circumstances the people of Togoland and their democratic manage­ permitted. The desire for direct representatio?-. in the ment of their own affairs, a realistic programme which United Nations was expressed in some localities and had assured it a wide influence in the country. It had was maintained, even when it was suggested by several devoted its efforts to obtain by successive stages and members of the Commission that only independent sove­ within the framework of the French Union all the indis­ reign States were eligible for membership in the United pensable reforms to enable Togolanders to manage their Nations. (This request was not, however, made by the internal affairs and this first aim had been attained with Togoland Government itself.) Regret was expressed the establishment of the Autonomous Republic under a that the inhabitants of former British Togoland had Statute in the drafting of which Togolanders had effec­ chosen to be integrated in Ghana. The inclusion of tively participated. The final aim of all the people was British Togoland in Ghana had, however, removed the independence, which would come as a result of the modi­ possibility of the unification of the two Togolands.. It fication of the Statute at an opportune time, when the was maintained that the opposition was a small mmo­ necessary conditions and means had been realized. But rity, operating outside the legitimate instituti?ns of ~he an immediate and isolated independence would be a country and seeking to bring about the mtegratwn mirage. of Togoland into Ghana. 398. The Party recognized the praiseworthy efforts 401. The Commission received deputations of the .PTP of the United Nations for the evolution of dependent at all the principal centres in the south of the Terntory

•• It has been noted above in chapter III that the members of the •• For the text of these statements, see annex II. Municipal Council of Lome have submitted their resignation. 59 These statements are summarized in annex I. -50- and at some of those in the north. In general, the 405. In general, the UCPN may be said to have PIP did not organize rallies, although it may be presumed followed the lead of the PTP, while endeavouring to that the crowds at the official welcomes extended to the protect the interests of the backward north and attaching Commission in the south were to a large extent composed therefore greater importance to the connexion with of its supporters. However, at Tsevie and Atakpame, France, whose aid in developing their land is much the Commission observed well attended rallies organized appreciated by them. by the Party. 406. The chiefs and other traditional spokesmen of 402. The Union des chefs et des population du Nord­ the party expressed implicit confidence in their "sons" Togo (UCPN) is active only in the north of the Territory, who were representing them in Lome. France had beginning with the Sokode district. Its supporters granted Togolanders the right to manage their affairs, consist of the principal chiefs, of a number of educated but was properly staying on to preserve order and to persons, and of that section of the population which is provide material help. They expressed unequivocal prepared to follow their political lead. Certain of the support for the termination of trusteeship and confidence supporters of the chiefs are organized in a group called in France. They expressed indignation at what they the Bloc republican togolais, from which the Commission referred to as the efforts of the opposition from the received deputations in several places. The President south to stir up trouble amongst their people. An of the Union is the old superior chief of the Tchokossi, exception must be made in the case of the Dapango Nambiema Tabi. One of the most important political District in the north, where the opposition is led by a figures is the Minister of State, Mr. Mama Fousseni. group of cantonal chiefs, who call themselves the The Party holds all fifteen northern seats in the Legis­ Nationalist Chiefs. The majority of "no" votes in the lative Assembly. referendum came from this district. 403. No formal statement was presented to the Com­ 407. The Commission received at two places, Lome mission on behalf of the UCPN as a whole, although it and Tsevie, deputations of a recently formed pro­ received local deputations in various places and heard Government political group, the Union democratique speeches of welcome from chiefs and representatives who togolaise, which claimed to have been formed by dissi­ are active in it. Of these, the speech made by the Minis­ dent members of CUT and Juvento who objected to the ter of State of Sokode, might be regarded as the most attitude of the leaders of these two parties. The adherents considered. 60 of UDETO rejected as useless the idea that there was 404. The Minister of State emphasized the change in nothing to be gained from the institutions brought into the face of the country and in its inhabitants which being by the Statute. They desired that all Togolanders occurred when one arrived in the north. North Togoland understand the necessity to associate themselves to the had suffered in the past from its distance from the ways efforts of a Government which would finally bring about of ideas and men, a distance which the present improved autonomy and that they adhere to the results already means of transportation had not yet overtaken. This obtained without ceasing to work for others. The had resulted in a certain backwardness of techniques and desired objective was to reconciliate all Togolanders, in manners; however, considerable progress had been and they felt that the United Nations could perform a made recently, particularly in the fields of education and useful task to that end. They considered the new elec­ public health. It was necessary, however, to provide tions to the Legislative Assembly would not answer the economic basis to support this remarkable work and any urgent need, but would tire the electors who had permit it to develop more. All the economic production already been called to the polls three times in the last two of the north had to bear heavy transport charges. It years, and therefore opposed them. was hoped to lessen this by tarring the road from Blitta 408. The Comite de !'Unite togolaise, whose principal to Sokode in the near future, and it was hoped to improve leader is its Secretary-General, Mr. Sylvanus Olympio, agricultural and livestock production. It was, however, presented deputations and organized rallies at almost a vital necessity for North Togoland that it should belong all places visited by the Commission. These rallies were to a political and economic bloc sufficiently vast and in general well attended. The Commission was told powerful to allow the inhabitants the development which that the meetings organized by the Party during its visit they wished for. Total isolated independence would be, to Sokode, Bassari and Lama-Kara were the first of the for them, materially a step backwards. The present kind organized by the opposition; they took place in an generation must not neglect any chance of improving the atmosphere of tension and excitement. well-being of the future generations; that is why they 409. In the memorandum presented to the Commis­ desired to have the support of France, with whom they dion, 61 the executive committee of the CUT stated that had long maintained complete friendship, and who had the main aim of the party was the achievement of com­ given them access to modern civilization. The present plete and unconditional independence, so that the country population of North Togoland supported the Statute could manage all its affairs, both internal and external. because it knew the value of mutual help and of work The Statute granted to Togoland by the French Govern­ in common for a common aim, and because it knew ment did not, in their opinion, give it the essential attri­ that what was right for the village was right for the butes of independence. Even in internal matters, the country. Government was not competent in the matters specified

60 1 For the text of this statement, see annex II. • For the text, see annex II. -51 in article 26, and hence Togoland was neither indepen­ 415. The various spokesmen for the Party in the dent, nor did it possess self-government in the sense various parts of the Territory laid emphasis on total used by the United Nations. independence, on the maintenance of trusteeship until the 410. The CUT spokesmen stated that the dominant attainment of independence, on the need for new elec­ character of the new Statute was the concern of the tions to the Legislative Assembly under United Nations French Government to integrate the country in the supervision and on the need for political freedom. Much French Republic, as shown, for example, by the continued of their statements concerned in fact persecutions which representation of Togoland in the central organs of the they alleged the supporters of the movement had had to French Republic, by the provisions for reciprocal citi­ suffer from administrative officials and from the chiefs. zenship, by the competences reserved to the organs of 416. The Mouvement de la jeunesse togolaise (Ju­ the French Republic and by the numerous prerogatives vento) is a political organization founded in 1951 to exercised by the High Commissioner. Moreover, expe­ press for the independence of the Territory. On the rience had shown that it was the Cabinet of the French occasion of the 1955 Visiting Mission, Juvento had Republic which finally passed upon the wishes expressed split into two factions, one of which favoured more by the Legislative Assembly for the modification of the vigorous methods of propaganda. By the time of the Statute. It was inconceivable that a fully self-governing visit of the present Commission, this split had, at least country should not be able to modify its Constitution apparently, been covered over and a common delegation without the intervention of the Government of a foreign headed by Mr. Ben Apaloo and with Mr. Santos as country. spokesman appeared before the Commission. Juvento 411. With regard to the economic viability of Togo­ joined with the CUT in presenting lists of candidates in land, the CUT memorandum maintained that the the municipal elections of 1951. It has not separately country's budget was in balance from 1920 to 1951. It presented candidates at any election. was thus improper for the Administering Authority to 417. The delegation of Juvento did not present any state that it was not viable at the time when it was claim­ memorandum containing its views on the political future ing its independence. Togoland was not very rich, but of the Territory. Instead, it brought to the Commission's it had potential resources which could be developed. attention a proposal originally made by the Council of 412. The referendum had been used, to quote Mr. Guy the . Youth of Togoland, an apparently non-partisan Mollet, "to show that the population of Togo freely organization unconnected with Juvento, that the poli­ consulted had preferred autonomy within the French tical parties in Togoland should take part in a round­ Republic to the absolute independence asked for by a table conference in order to find a common ground of few Togoland groups". The CUT spokesmen main­ agreement or of understanding. Noting that the proposal tained that since the questions used in the referendum had had been accepted by the opposition parties and rejected, not been approved by the United Nations, since the at least for the time being, by the Government parties, questions put to the people were incomplete and did not Juvento requested the Commission to sponsor such a contain the alternative of independence and since the conference. The Commission took this matter up with referendum was not supervised by the United Nations, leaders of the Government parties and ascertained that the result of the referendum could not be admitted as they were well acquainted with the suggestion; they proof of the will of the people for the termination of agreed to the idea in principle, but did not consider that trusteeship. it was feasible during the stay of the Commission. 413. The memorandum also refers to the lack of poli­ 418. In a different memorandum, Juvento called for tical liberties and falsification of elections, to the need new elections to the Legislative Assembly, claiming that for free elections, as well as containing information they were legally necessary. It charged that the existing concerning the professions, nationality and salaries of Assembly was wrongly asking for the termination of members of the Government and of the Legislative As­ trusteeship before the Territory had attained true self­ sembly, criticisms of the organization of District Councils government, that it was carrying out a policy of corrup· and Municipal Councils and allegations that Africani­ tion in a colonial spirit, that it was ruining the country zation of the cadres is not proceeding along proper by wasteful financial methods, was deliberately leaving aside the real problems of the country and was misleading lines. 62 the masses. The present electoral system should be 414. Finally, the spokesman for CUT expressed the replaced, and recourse should be had to the arbitration view orally that the Statute, if properly applied, would of the United Nations. Juvento also provided detailed represent a major political advancement. The Party information of its own on FIDES, on the state of the would be prepared to participate in the loyal working country's finances and on the system of local govern­ of the new institutions if trusteeship was maintained, if ment.63 political persecution and discrimination were to cease and if the Administering Authority would cease to par­ 419. In the interior of the country, Juvento usually ticipate in party politics, and would, as provided in the organized joint delegations and meetings with the CUT. Trusteeship Agreement, guarantee to all parties public From time to time, the Commission noticed the flag which is the particular emblem of the movement. freedom and liberties.

•• All these allegations are dealt with under the appropriate •• This information is dealt with under section G of chapter III. topics of chapters III and IV. For the text of the Juvento memoranda, see annex II. -52- 420. The Commission's contacts with the Mouvement 31 March at Atakpame was dispersed by the comman­ populaire togolais was confined to the hearing of a depu­ dant de cercle after clashes between supporters of rival tation of its leaders, including Dr. Pedro Olympio, parties. The CUT charged, however, that the comman­ Dr. Andre Akakpo and Mr. S. Aquereburu. In a brief dant de cercle did not take proper steps to protect their statement, 64 they maintained that trusteeship should be meeting from assailants from rival parties. They stated continued until they obtained independence. The Sta­ that they themselves had been obliged to repel the sup­ tute had, however, not been applied in a democratic, porters of the rival parties and that when they had just or honest spirit. In particular, the Legislative Assem­ restored peace, the commandant de cercle had appeared bly had not been renewed, as had been the case in and dissolved the meeting. Without wishing to pass any the African Territories administered by France in appli­ judgement on the propriety of the action of the comman­ cation of the principle of universal suffrage. The muni­ dant de cercle, the Commission wishes to state that it cipal elections had similarly been postponed. has some corroborative evidence that the local leaders of the rival parties organized their supporters with a 421. The spokesman of the MPT stated that the pre­ 65 sent regime had scarcely improved the situation as regards view to preventing the meeting from being held. political liberty, freedom of speech and assembly. While 425. On the other hand, the leaders of the CUT and political conferences could be organized at Lome without of the MPT admitted that they had no difficulty in orga­ difficulty, the nationalists encountered many obstacles nizing meetings and other activities in Lome itself. outside the capital. The chiefs, who were in reality 426. The complaints made by local branches of the government officials, received secret orders from the opposition parties concerning events prior to the arrival authorities to prevent the nationalist parties from orga­ of the Commission usually related to incidents which nizing meetings in the villages. They maintained that had already been the subject of petitions to the United peasants who dared to express their thoughts or attend Nations and many of which had been the subject of such meetings risked being bullied or whipped by their decisions by the competent courts of the Territory. The chiefs. The electoral lists had been falsified, a great Commission did not feel it advisable to investigate these number of electors having been systematically kept off the lists, which contained, however, many fictitious or already decided matters. foreign names. 427. Such remarks as the Commission may subse­ 422. They considered that the problem of the Terri­ quently make on this question ~ust be ba~ed on its firs.t­ tory would be solved if political liberty was ensured, if hand observation of the exercise of pubhc freedoms m the electoral lists were revised and corrected, if elections the course of its travels through the Territory. A detailed record of the meetings attended and audiences given by were held and if any popular consultation concerning the the Commission in each of these Districts appears in fate of the Territory on the international plane were annex I. While the circumstances attending the Commis­ carried out under United Nations supervision. sion's visit may or may not have been typical of normal political life in the Territory, they affor~ed it ~orne OJ?J?Or­ B. THE QUESTION OF POLITICAL FREEDOMS tunity of determiningthe atmosphere m which pobt1cal rights are exercised there. 423. One of the crucial questions in estimating the 428. First, it must be said that the opposition parties present political situation in the Territory is that of the organized rallies and presented delegations at almost degree of political freedom existing there. In order to all places along the Commission's ~oute. In .the so.ut~, discuss this question it is necessary to set out in some this activity on their part passed Without particular mel­ detail the allegations made by opposition spokesmen that dent. Sometimes delegations of rival parties eyed each their political liberties are restricted and that their sup­ other suspiciously while waiting to be ~~ard by the Com­ porters are persecuted. mission. In other places, the oppositiOn leaders com­ 424. Leaving aside general charges, the particular plained, with some show of reason, that they had been charges made by the Executive Committee of the CUT assigned by the commandants de cercle much less .favour­ related to the prohibition by a Decree of the Prime able meeting places than the government p~rties.. In Minister dated 15 March 1957 of meetings in the Palime fact, the meetings of the opposition were held m pnvate District and parts of the Tsevie and Akposso-Plateau locations, some distance away from the centre ~f the town Districts adjacent to former British Togoland and the or village, while official welcomes and t~e rallies of pr~­ dispersal by the local administration of a meeting orga­ government parties were usually held m central public nized by the CUT at Atakpame on 31 March 1957. The streets or places. ban on meetings, which the Government based on the 429. In Lome, the Prime Minister held th~ yiew that necessity of preserving public order in the light of recent the Commission's attendance at an oppositiOn ral~y bloody disturbances in the neighbouring areas of Ghana, would be inadvisable, principally on t~e grounds ~hat, m was rescinded shortly before the Commission arrived in a place so close to the frontier, public order tn1ght be the Territory. The opposition claimed that it had been seriously threatened. Th~ C:ommissio~ pr~vai~ed upon imposed some time after the incidents in Ghana and the Prime Minister not to msist upon his objections, and immediately before a scheduled CUT rally in Palime. It in the event no disorder whatsoever occurred. is a matter of common ground that the meeting of

" For the text, see annex II. •• See annex I, under the cercle of Atakpame. -53- 430. On the other hand, a small group of nationalists " soft" chiefs, who would not keep them in order. At interrupted the official welcome to the Commission organ­ Niamtougou, the old chief maintained that he alone ized shortly after its arrival by the Government. This was entitled to speak on behalf of all his people and was group endeavoured to prevent the hoisting of the Togoland indignant when the Commission heard a small deputation flag and to replace it with the Juvento emblem. After of CUT and Juvento supporters. a sharp scuffle, the majority of them were arrested. On 434. This evidence certainly provides a basis for saying the day when the Commission attended the Legislative that the political atmosphere was, at the time of the Com­ Assembly, the Government took considerable security mission's visit, bitter and tense, a judgement which is measures to prevent the possibility of disturbances. Some confirmed by the sharp personal criticisms which .are representatives of the Press were even excluded, and directed against each other by the leaders on both sides only a limited number of persons were permitted to and by the fierceness with which the m_otives and integrit.Y attend the meeting. Finally, towards the end of the of political figures are attacked. It IS natural that this Commission's stay, the Union of the Confederated Trade bitterness and tenseness is reflected on the local scene Unions ofTogoland called a forty-eight-hour strike, which and that it has a divisive effect on traditional institutions was described by the Government as illegal, in order to based on unity under a tribal chief and on conformity of demand, inter alia, new elections for the Legislative thought. In the north, and probably in ~any par~s. of Assembly. There were heavy police patrols in the town, the south it is no doubt difficult for those 111 opposition but it is believed that no serious incidents occurred. In to the chiefs on political matters to express their views general, the forces of order were present in reasona~le with perfect freedom. numbers during the Commission's tour; ceremomal occasions were usually attended by the band and two 435. It is the contention of the opposition that ~he platoons of the Togoland Guard as a guard of honour. Government and its representatives, far from ensunng to it the necessary public freedoms, has enc~urag.ed th.e 431. In the north, the various activities of the opposi­ chiefs to harass it. It is necessary to consider m this tion took place under much tenser circumstances and matter the functions of the commandants de cercle and almost in a spirit of defiance. It seemed as if the partici­ Chief Subdivisional Officers who are responsible both for pants were conscious of acting contrary to the wishes the maintenance of public order and for the exercise and even orders of the tribal authorities and were appre­ of political liberties ~n their respective ~istricts. As has hensive that sanctions might be taken against them. In 67 been explained previOusly, they are 111 a great many the Sokode District, at Sokode and Bafilo, their excite­ respects responsible to the Togoland Government. It ment was heightened by the fact that the Superior Chief is fair to state that as a general rule the French officials of the tribe arrived at their meetings. On the first occa­ occupying the posts of commandants de cercle appe~:ed sion, he was booed - rather softly, it is true. At Bafilo, to be persons of considerable experie~ce. and ab~hty. however, a quarrel occurred between the Chief and the That they have in many areas to mamtam a de!Icate Secretary of the local branch of the CUT. The latter balance is made clear by the incident at Mango mentioned complained to the Commission that it had been precipi­ above and the even more serious incident which occurr~d tated by the Chief's entering the CUT meeting and slap­ after its departure from the north at Lama-Kara, Ill ping persons shouting the opposition slogan. The Chief which several persons lost their lives. 68 It is quite pro­ later told the Commission that the Secretary of the CUT bable that they may tend to take a con.servative view. of had laid hands on him. Subsequently, the Commission the situation and that they may not Wish to undermme learnt that the Secretary had been arrested. At both the authority of traditional chiefs. Th~ Commission has Sokode and Lama-Kara, supporters of the traditional no direct evidence to support the allegatiOn that they have chiefs took loud exception to the Commission's receiving persecuted or caused the chiefs to persecute supporters delegations of the CUT and the assistance of the autho­ of the opposition. rities had to be invoked by the member of the Secretariat organizing the hearing. 436. Finally, it is necessary to refer to the question_ of freedom of the Press. The Press in Togoland consists 432. At Mango, although the actual programme of the of one pro-government paper, the T~go republicain, Commission was carried out without incident, the difficult which, in a semi-official manner, publishes local and feeling between factions, resulting it would appear as some foreign news three times a week, and of about a much from tribal and religious feeling as from true dozen broadsheets two supporting the Government and political differences, resulted in a regre~table clash in ten opposing its 'policies, which appear at irregular which one person was shot dead and SIX people were intervals, although they were published quite frequently wounded.66 during the Commission's stay. These newspapers. are 433. More insight was offered into the political devoted mainly to editorial comments of a very high!Y atmosphere of the Territory by the statement_s made by partisan character. Journalists have joined toget~er Ill various chiefs. Even in the south, at NuatJa, the old an association called PRESSETO, the membership of cantonal Chief said that he would not allow public meet­ which is composed almost entirely of supporters _of.the ings since they led to disorder. In Sokode, a deputat~on opposition, although they stated that th~Y. had _mv1ted of chiefs stated that they were opposed to the electiOn members of the pro-government Press to J0111 their asso· of chiefs by commoners, since the people might elect " See chapter II above, particularly under article 34. •• See annex I under the cercle of Mango, for a detailed account •• For details of the latter incident, see annex I, under the cercle of the incidents. of Lama-Kara. -54- ciation. Its Secretary-General is Mr. Nicodeme Amegah, Togoland authorities and that it had no intention of a prominent member of Juvento, who has appeared before interfering in a matter of domestic concern. the General Assembly in New York. 443. The Togoland Government stated, in a written 437. The Commission received several complaints reply, that it wished to provide as complete and clear from PRESSETO that the freedom of journalists to a statement of its position as possible, even though the gather news relating to the Commission's activities had question was in its view only indirectly related to the been impaired. In particular, although possessing cards application of the Statute. Asserting that the question signed by the appropriate authorities, journalists had been was wholly within the competence of the Togoland barred from the Legislative Assembly meeting of 6 June. authorities, the Government pointed out that it was not 438. Mr. Amegah also charged that he had been juridically competent to dissolve the Assembly, since threatened and illegally imprisoned by supporters of the none of the conditions provided for in the law of 6 June chiefs while travelling in the north to cover the Commis­ 1957 had been fulfilled and since the Legislative Assembly sion's activities. Journalists had been jostled and their had not voted a law providing that its term of office should cameras temporarily taken from them by rival partisans be shorter than five years. at Vogan. 444. It stated more generally that the dissolution of 439. No doubt many of the difficulties encountered the Legislative Assembly was not a measure which the by the journalists stem from the fact that in addition to Togoland Government could propose from the political being journalists they are active in party politics. Never­ point of view, or which it had the intention of proposing theless, it would appear that certain limitations have been to the Assembly (in the form of a draft law reducing placed on their professional activity, more by their poli­ the term of office of the Assembly). The 1955 elections tical opponents than by the Government itself. There had never been recognized as invalid, either by the com­ would seem to be a need for action by all parties concerned petent courts or by international bodies. In fact, to to make journalism a more esteemed and respected pro­ claim that the elections of 1955 were not valid was by fession in Togoland. that very fact to declare of no effect the Statute deli­ berated by the Assembly elected in 1955. It could even be said, the Government stated, that in fact the General C. QUESTION OF NEW ELECTIONS TO THE LEGISLATIVE ASSEMBLY Assembly, in accepting the invitation of the Togoland Government to send a Commission to the Territory, 440. As has been explained in chapter II above, the had implicitly recognized the validity of these elections. Statute lays down that the Legislative Assembly is elected As for the argument that the opposition was not represen­ for five years by direct universal suffrage, while providing ted in the present Assembly, the Government maintained as a transitional measure that the existing Territorial that this argument had never been invoked in respect of Assembly should become the first Legislative Assembly any sovereign State or of any Member of the United for a period not exceeding that of the term for which it Nations, and could not, therefore, conceive that it should was elected. Since it was elected on 12 June 1955 for a be used against a "former Trust Territory". Its lack period of five years it would, unless previously dissolved, of representation was in particular a result of its deli­ continue to sit until 11 June 1960. The Prime Minister berate abstentions from the elections. It would be neither may, in accordance with a law adopted by the Legislative democratic nor fair, they claimed, to make the majority Assembly on 6 June 1957 in the presence of the Commis­ bear the weight and responsibility of a wilful failure on sion, dissolve the Assembly under certain strict conditions, the part of the opposition. 69 which cannot be met under present circumstances. 445. Pointing out that the referendum of 28 October Otherwise, it is presumed the present Legislative Assembly 1956, which was held by universal suffrage as a result of could be dissolved only by its own act. the new electoral law, confirmed the results attained in 441. By paragraph 4 of the resolution by which the 1955, the Togoland Government maintained that the present Commission was established, the General Assem­ Legislative Assembly was truly representative of the majo­ bly recommended that, in addition to such additional rity opinion in the country. reforms as the authorities concerned should consider appropriate, the Legislative Assembly of the Territory 446. Finally, the Government maintained that a young should be reconstituted by means of elections by uni­ country occupied in constructing its new political regime versal adult suffrage. In view of this provision and of had need of calm and public peace. In the course of the general importance of the question, the Commission recent years, Togoland had known a number of elections formally requested from the French and Togoland Gov­ much larger then those of democratic countries, and such ernments a statement of their position on the matter. elections had always been the occasion of disorders Members of the Commission also asked frequent ques­ which were harmful to the democratic development of tions on this subject during discussions and audiences the country. The Prime Minister had, on several occa­ throughout the Territory and received in addition many sions, appealed to the opposition to take part in the expressions of opinion about it. common task, but these offers had been spurned, at the time of the constitution of the Togoland Government, 442. The position of the French Government was and more recently on the arrival of the present Commis­ that the matter was entirely within the competence of the sion. On the contrary, the opposition continued to threaten and to insult the regular Togoland authorities. 6 ' See chapter II above, in particular under article 13. The Government concluded that it was not possible that -55- new legislative elections should be held under the in­ village chiefs for distribution. Finally, the polling booths fluence of an opposition which remained at the present were supervised by Administration supporters. 70 time outside the system. 450. When it was pointed out by some members of 447. These arguments were repeated, usually in some­ the Commission that the referendum had been supervised what simpler form and with greater force, by supporters by an independent staff from France, the spokesman of the Government throughout the country, not only for the CUT stated that that staff had not got to the root in doubtful constituencies, but also in areas where there of the matter, which was the preparation ofthe electoral appeared to be a virtual certainty that the present mem­ lists. The lists had only been added to in preparation bers would be returned in a new election. In the south, for the referendum. While the total number on the list emphasis was perhaps laid down on the wilful abstention seemed a reasonable proportion of the population of the of the opposition, and in the north on the disturbances Territory, studies carried out by his party had shown which an election would entail. Many spokesmen held many cases in which administrative supporters had been the view that it would not be legally possible to hold registered under both their first and last names. In the elections before 1960. absence of written identification documents, persons 448. In this respect, it may be of interest to record the could be admitted to the register only on the basis of opinions expressed by the President of the Assembly, certificates signed by the commandants de cercle who, it Mr. Ajavon, during conversations between the Commis­ was alleged, issued them to government supporters and sion and the members of the Legislative Assembly. denied them to members of the opposition. Irregulari­ Mr. Ajavon stated that Togoland, based on a certain ties had also occurred, they stated, in the distribution social hierarchy with chiefdoms, did not at all resemble of cards. countries which had been democratic for centuries. On 451. The CUT stated that in order to provide free his return from the recent session of the General Assem­ elections, the lists should be drawn up, not by the com­ bly at New York, he had asked all the members of the mandants de cercle alone, but by the members of the Legislative Assembly it they wished that the Assembly Committee for revising electoral lists on which all par­ should be dissolved and renewed. They had unani­ ties would be represented. All persons appearing on mously replied in the negative. A congress of chiefs the existing census lists and aged twenty-one years or and party leaders held on 18 May had been unanimously more should be placed on the electoral lists. Safeguards of the same opinion. It was not a fear of not being were suggested for the distribution of electoral cards, re-elected which caused this opinion, but a desire to see which should be carried out directly by committees or the new Government and the new Legislative Assembly sub-committees established for that purpose. The continue with their task in good circumstances and in chiefs and the Indigenous Providence Societies should social peace and security. There had already been elec­ not intervene in the elections. The candidates should tions in 1955 and twice in 1956. 71 Since the referendum be permitted to nominate representative at the. polling held by universal adult suffrage had shown such popular stages from outside the electorate in question, since espe­ support for the policies initiated by the Legislative Assem­ cially in the north it was difficult to find sufficient local bly, there was no need for the present to hold elections people who knew how to read French. by that method. If the Assembly were to do so, they 452. The CUT concluded that it was important that would risk losing the support of the chiefs and of the the Government should adopt an attitude of complete populations which they represented. neutrality and impartiality in electoral matters and 449. The various opposition parties all held the view should oblige its representatives at all levels to observe that new elections should be held in the near future, and it. The spokesmen of the CUT, of Juvento and of the it was one of the main points of their political platforms. MPT, in supporting this position, considered that in the In its main communication to the Commission, and in light of past experience, it was essential that the next the accompanying oral presentation, the Comite de elections and the preparations therefore should be ob­ l'Unite togolaise stated that the previous elections and served and supervised by United Nations representatives. the 1956 referendum had not been fairly conducted. In 453. In its last meeting with the French Government particular, they maintained as described above that representatives on 13 July 1956, the new Minister of Over­ public freedoms had not been guaranteed to the oppo­ seas France stated that he would not fail to transmit to sition parties by the Administration and that they did the Togoland Government the views of the Commission on not enjoy the same rights as regards political meetings the question of holding new elections for the Legislative and demonstrations as did the government parties. Assembly. Later on, the Commission was given to They declared that the electoral lists had been fabricated understand that the Togoland authorities would pro­ by the Administrators. Instead of being distributed by bably not be opposed to the idea of renewal of the Legis· commissions on which all parties were represented, elec­ lative Assembly by means of universal direct suffrage , toral cards had been handed over to the cantonal and provided that the Trusteeship Agreement be previo?sly terminated. In that case, immediately after the ternuna· 70 See annex II for the full text of this statement. tion of the trusteeship, the revision of the elect?ral lis.ts 71 The election of a deputy to the French National Assembly in would take place and the elections could be env1saged Jn January and the referendum in October. the year 1958.

-56- CHAPTER V

OBSERVATIONS AND SUGGESTIONS OF THE COMMISSION

THE STATUTE AND ITS APPLICATION of defence, external security and frontier police, and the inspectorate of labour in an advisory role and the cus­ 454. The Commission endeavoured to ascertain in toms control service (but not the Togoland customs Togoland the manner in which the Statute was being service) shall be officials or services of the French applied. In Paris and during its stay in Togoland, the Republic. Commission was supplied with information concerning the Statute and its interpretation and implementation. 458. In this connexion, the Commission notes the It has further been supplied with information concerning declaration of the French and Togoland Governments the operation of the various Togoland Ministries which that, in general, the competences reserved to the French shows that they exercise a wide range of functions, and authorities are mostly those of a financially or techni­ that the Cabinet as a whole is endeavouring to formulate cally onerous character. In this respect, the Commis­ broad policies for dealing with the problems in these fields. sion considers that it will be possible progressively to 455. On the basis of its observation of the operation transfer these services to the Togoland authorities, if of the Statute, as well as in the information supplied to necessary by placing technical personnel in an advisory it, the Commission has found that the Statute confers capacity or otherwise at the disposal of the Togoland upon the Togoland authorities a large number of compe­ Government. tences previously exercised by the French authorities. 459. The Commission was further supplied with copious The affairs proper to Togoland, which include all matters information concerning the interpretation of the Statute, not expressly reserved to the authorities of the French and also with the texts of certain agreements between Republic under the specific provisions of the Statute, are the French and Togoland Governments on certain points. managed by the authorities of Togoland. Non-exhaus­ On the basis of this information, the Commission is in tive lists of such matters compiled by the French and a position to state that the Statute has been interpreted Togoland Governments are given in chapter II. The in a broad manner. Not only have the competences fields covered by the Ministries of the Togoland Govern­ belonging to the Togoland authorities been interpreted ment are the following : Interior; Postal Service and in a non-restrictive manner, but some of the competences Telecommunications; Finance; Agriculture, Animal Hus­ specifically reserved to the French authorities have been bandry and Waters and Forests; Mines, Public Works much attenuated through interpretation. The Commis­ and Transports, the Economy and the Plan; Commerce sion notes that some of the important agreements con­ and Industry; Public Health; Labour and Social Affairs; cerning the interpretation and application of the Statute Public Education; Information and the Press. This list have been formally embodied in it as a result of the gives a brief indication of the scope of the functions of Decree of the French Government of 22 March 1957 that Government. amending the Statute. As a result, the authority of the 456. The Commission was also furnished with the Togoland Government has been enhanced. official records of the Legislative Assembly and was 460. The Commission wishes to point out that the supplied with other information concerning its activi­ ensuring of public order is a duty of the High Commis­ ties. A summary of the principal legislation adopted by sioner, according to the terms of article 31, and that the the Assembly appears in chapter III above. The informa­ officials of the service of co-ordination who are French tion at the disposal of the Commission confirms that the officials and who are mainly from metropolitan France Legislative Assembly is exercising the legislative power in are responsible for the maintenance of public order on a the affairs proper to Togoland. local level. The Commission was informed that as a 457. The Commission has noted in detail in chapters II result of agreements between the Governments of France and III of its report the various restrictions which exist and Togoland, the maintenance of internal law and order on the autonomy enjoyed by Togoland. Thus, in par­ is now within the competence of the Togoland Govern­ ticular, article 26 of the Statute reserves to the central ment and that the High Commissioner will not intervene organs of the French Republic powers of legislation and in the maintenance of public order except at the request regulation in respect of not only such matters as external or with the agreement of the Togoland Government. It affairs, defence, currency and the foreign exchange system, was further stated that, according to these agreements but also the penal code, the code of criminal procedure, and other interpretations of the Statute, the officials the commercial code and administrative tribunals, the of the service of co-ordination are responsible to the organization of justice under French law, the system Togoland Government for the mainten.a~c~ o~ pu~lic of public freedoms (but not the protection of their exer­ order. In view of the fact that no exphc1t JUStificatiOn cise), the curricula and examination in secondary and could be found for this interpretation either in the Sta­ higher education and the Labour Code and the regime tute or in any other published legal text, the Commission of mineral resources (but not regulations for their appli­ suggests that the agreement with respect to the role of cation). Article 27 also provides that, inter alia, the Office the High Commissioner and the Togoland Government of the High Commissioner, the officials responsible for in this field should be embodied in the Statute itself. co-ordination, the services concerned with the adminis­ It further suggests that since the officials of the service of tration of justice under French law, the services in charge co-ordination are said to be responsible to the Togoland

-57- Government for by far the greater part of their functions, represents a very significant step in the achievement of this service should be transferred to the Togoland Govern­ the objectives of Article 76 of the Charter and of the ment. It understands that the possibility of such a change Trusteeship Agreement, has been broadly interpreted and is at present under consideration. liberally applied, and that in consequence Togoland possesses a large measure of internal autonomy or self­ · 461. The Commission has noted above in chapter III government. As a result of that broad interpretation that the majority of the services of the Ministries are still and liberal application, amendments to the Statute have directed by European officials. The Commission was been adopted, some of which have considerably widened informed of the laudable plans of the Togoland Govern­ this autonomy. In the view of the Commission, there ment for placing Togolanders in high posts in the civil exists little doubt that a trend of events has been set in service, and is confident that these plans will be vigo­ motion which makes inevitable a further broadening of rously implemented. It notes that in the meantime, the degree of autonomy achieved by Togoland towards Togoland will continue to benefit, to the extent to which its full autonomy. The Commission believes that through it requests it, from the indispensable technical and admi­ the co-operation of all interested parties, this will be nistrative help provided by European officials. The attained through the progressive transfer of more of Commission was also informed of the plans of the French these powers not yet within the competence of the Government substantially to increase the number of Government of Togoland. Africans in the services of the French Republic, in par­ ticular in the service of co-ordination. The Commission commends these plans, but observes that the entry of STATUS OF THE TERRITORY Togolanders into services of the French Republic in Togoland is not in itself the equivalent of the transfer of 467. The Commission has noted in chapters II and III such services to the Togoland Government. The Com­ that various interpretations have been given to the Sta­ mission believes that these plans will eventually lead to tute as a basis for the relationship between Togoland such a transfer. on the one hand and the French Republic and the French Union on the other. The Commission does not believe 462. The Commission considers that the presence of that it is necessary to make general comments on these the armed forces and gendarmerie under French control interpretations here. In connexion with the point of is a substantial potential limitation on the autonomy view that it represents an attempt to integrate Togoland enjoyed by Togoland. While the Commission has been into the French Republic or the French Union, the Com­ told that in practice there is agreement between France mission has received statements from the French Govern­ and Togoland on the strength of these forces, there is no ment to the effect that the provisions of the Statute, in legal basis requiring this. The Commission suggests that particular those contained in articles 1, 3 and 25, could a provision requiring such agreement should be inserted not be so interpreted, and that the Statute being capable in the Statute. of evolution, does not necessarily represent the final 463. The Commission has referred in section E of decision concerning the relationship between France and chapter III to the situation in the economic field. In Togoland. The Commission was further informed by the this connexion, the Commission wishes to underline what French authorities that if Togoland should wish to cease it considers to be the desirability of encouraging the to be represented in the central organs of the French increased participation of Togolanders in the main eco­ Republic, it could express a wish to that effect and that nomic activities, including foreign trade. the wish would presumably be granted. Presumably, this would be done in accordance with the provisions of 464. Finally, the Commission has described in para­ the Statute concerning its modification. In general, the graph 321 of its report the reserved powers possessed by French Government stated that any wishes put forward France to ensure that the acts of the Togoland authori­ by Togoland for the amendment of the Statute would ties remain within the limits fixed by the Statute and, receive the most sympathetic consideration. until the termination of trusteeship, to enable the French administration to discharge its obligations under the 468. The Commission considers that the future poli­ Trusteeship System. tical evolution of the status of the Territory and its rela­ tionship with France should be left open to be decided ' 465. In this last respect, the Commission is not con­ in accordance with the wishes of the Togoland people. vinced of the continued necessity for the provision of It considers further that the necessary trends of events article 39 according to which the right of the Legislative will be that the degree of autonomy granted to the Ter­ Assembly under article 20 to dismiss the Prime Minister ritory under the Statute will progressively be broadened. and other Ministers by voting a motion of censure is The Commission is confident that France will transfer suspended during the period of trusteeship. The Com­ to the Togoland authorities further powers when they mission suggests that the Statute be amended so as to request them. delete this provision, establishing a proper constitutional 469. In view of the foregoing considerations, the Com­ balance between the Government and the Legislative mission suggests that the French Government might wish Assembly. to reassert publicly that the Statute in its present form 466. In conclusion, the Commission wishes to state does not represent the final relationship between Togo­ that while there are still important restrictions by virtue land and France, and that the French Government will of the retention of certain specified powers and compe­ consider with sympathy any future views on the status tences by the Administering Authority, the Statute, which of Togoland put forward by the elected representatives -58- of the Territory. This, the Commission believes would that contacts between the parties in this or some other help in creatin? an atmosphere of mutual understanding way might be productive of beneficial results. an? ~oll~boratwn between the various sections of public 474. The Commission is aware that important points opmiOn m Togoland. It would thus enable the Togo­ land Government to give its undivided attention to the of difference concerning the future status of the country solution of many practical problems facing the Terri­ divide the government parties from those of the oppo­ tory as a result of the application of the Statute. sition. It believes, however, that it might be possible to leave some of those points aside for determination at a later period, when their solution would not be so difficult MODIFICATION OF THE STATUTE and to find a basis for collaboration, within the frame­ 470. The Commission has noted above that article 37 work of the present constitutional situation, towards the of the Statute, while it provides that the Statute cannot solution of the important political, economic and social be m?dified ex~ept at the wish of the Legislative Assem­ problems which confront the country. bly, Is. ~o be mterpreted as conferring on the French authonties the right to accept or reject such wishes THE HOLDING OF ELECTIONS (nrux). The Commission notes that as a consequence the people of Togoland and its Government are not 475. The Commission has set out in detail in chapter IV ~mpowered to decide by themselves on the form of their the views of the Government and of the political parties mternal political organization or, on an equal footing, with regard to the holding of new elections to the Legis­ on the nature of the association of Togo land with France. lative Assembly and to other representative organs. It 471. The Commission feels that the constitutional recalls that the present Assembly was elected in 1955 on situation of the Territory will evolve in the direction of a restricted suffrage by an electorate amounting to less the transfer of progressively increasing powers to the than one-half of the present electorate, and its term of Togoland authorities. It considers that it mio-ht there­ office does not expire until 1960. The Commission notes f~r.e be desirable for Togo land to assume fullo responsi­ that statement of the Togoland Government that it does bJht~ for the modification of the Statute dealing with not intend to submit to the Legislative Assembly a draft the. mternal organization of the country and that the law reducing the term of office of the Assembly. In this subJects reserved to France might form part of a separate connexion, the Commission wishes to point out that until such time as new elections are held by universal suffrage, ~greement between the two Governments, which would mc!ude a procedure for its modification or termination the implementation of the principle of universal adult wh~ch could be exercised by both parties according to suffrage provided for in article 6 of the Statute will not the1r free wishes. have taken place. The Commission, therefore, believes that the holding of such elections to this and other repre­ sentative organs in Togoland on the basis of universal THE POLITICAL SITUATION IN THE TERRITORY suffrage would represent the implementation of an impor­ . 472. The Commission has found in the Territory a tant democratic principle embodied in the Statute, and ~Jghly d_eveloped I?~litical consciousness and a lively might contribute towards the creation of a more favour­ mterest Ill the politiCal future of the Territory. There able political atmosphere, in which the support of the are well organized political parties, with active local entire population of Togoland would be thrown behind branches. The Commission noted, however, that the new political institutions created by the Statute. because of various reasons mentioned in chapter IV of the report and in the annex, the relationship between THE QUESTION OF POLITICAL FREEDOMS oppo~mg parties is marked by a certain bitterness and that ~n consequence the political situation in the Terri­ 476. The Commission has described in some detail tory Is somewhat tense. This might be aggravated by the position with regard to the enjoyment of political ~he fact t~at no test of public opinion for representation freedoms in the Territory. Basing itself in particular Ill the vanous organs of government has been held since on its direct observations, the Commission wishes to state t~e adoption of the Statute on the basis of universal that the situation in this respect could be considerably d1rect adult suffrage, which is one of the basic reforms improved through the collaboration of all concerned. c~ntain~d in the Statute. Therefore, important sectors While the opposition parties organized rallies and pre­ or public opinion have not had the opportunity to be sented deputations along the Commission's route, they channelled into the institutional set-up provided by the met with certain difficulties which have been described Statute. above. It would appear that in many areas opposition 473. The Commission believes that all parties concerned parties do not enjoy the same measure of political free­ should make renewed efforts in a spirit of compromise dom of expression and assembly as do the pro-govern­ t? remove the causes of this tension, and to establish a ment parties. This is particularly so in the north of stt~ation in which all parties can collaborate in the appli­ the Territory, where the opposition must reckon with cation of the present Statute. It notes in this connexion the well-known objections and often public condemna­ that a suggestion made by a non-partisan organization, tions of traditional chiefs. that the parties should participate in a round-table 477. The Commission believes that the main problem conference with a view to seeking a common basis for in this field is to ensure the right of assembly at local such c~l~aboration has been accepted in principle by all levels in tribal societies and that it is a part of the problem the political parties. The Commission is of the opinion of introducing modern democratic methods into such -59- societies. The Commission considers that all parties THE OPERATION OF THE TRUSTEESHIP SYSTEM concerned should make a special effort to improve the situation concerning the exercise of political freedoms. 481. Realizing that, in the event that trusteeship were not terminated, the French Government would still be I~ believe~ that, aside from the easing of the present poli­ tical tenswns, one of the most beneficial results of such responsible under the Trusteeship Agreement for certain an improvement would be the development of wider matters which are now practically the concern of the contacts and the growth of mutual confidence and of a Togoland Government, the Commission asked the French community of interests between the various sections of Government if it had any plans for meeting such a situa­ the Territory. tion. The Commission was informed that the French Government had not given consideration to this question, since it was confident that the Trusteeship Agreement THE ECONOMIC AND SOCIAL SITUATION would be brought to an end at an early date. 478. The ~ommission, which visited the Territory shortly after Important competences in the economic QUESTION OF THE TERMINATION OF TRUSTEESHIP social and educational fields were transferred to th~ Togoland_ authorities, wishes to pay tribute to the many 482. With regard to the termination of the Trustee· constructive aspects of the work of the Administering ship Agreement for Togoland under French administra· Authority in these fields. In respect to education the tion, it is the opinion of the Commission that at an appro· Commission was pleased to note the eagerness with ~hich priate time the people of the Territory would need to be Togoland youth takes advantages of educational facili­ consulted by appropriate means concerning their desires ties available in the Territory, a factor which augurs for the future status of the Territory. This consultation well for the continued progress of self-government in should, however, be undertaken in full agreement with Togoland. the United Nations as one of the two parties to the Trusteeship Agreement. 479. The Commission notes that the Togoland Govern­ ment appears to have matters well in hand in the compe­ 483. The present report was adopted in Geneva on tences in those fields which it has taken over and is 25 July 1957 and signed by the members of the Commis· formulating new plans for the economic and social sion on the same date. development of the Territory. In implementing these (Signed) Charles T. 0. KING (Liberia) plan~, the Togoland Government hopes to have the contmued benefit of substantial economic and financial Chairman aid and technical assistance from the French Government. Jean-Louis DELISLE (Canada) 480. The Commission wishes to refer to the excellent Lars TILLITSE (Denmark) working and social relationships existing between the Jose ROLZ-BENNETT (Guatemala) French. and Togolanders, and to the ease and courtesy Victoria D. CARPIO (Philippines) of social contacts, which is remarkable and reflects credit on both sides. Aleksander Bozovic (Yugoslavia)

-60- ANNEXES

ANNEX I

Brief account of the meetings held with the authorities outside the town of Lome and the rallies attended by the Commis­ sion and summary of the views expressed to it during the oral hearings granted to organizations and individuals

1. THE cerc/e OF LOME and an opposition; in Togoland, on the other hand, this was not true. France had chosen two French citizens to form The cercle of Lome lies in the coastal plain, in the south­ the Government, even before the referendum had been western corner of the Territory. Its population (79,569) is held, and the Ministers had been chosen by the High Commis­ predominantly Ewe, but includes also a considerable number sioner, without any elections. Municipal elections had taken of Minas and Ahoulans, mainly in the town of Lome. Lome place in French West Africa, in French Equatorial Africa, capital of Togoland under French administration, is also th~ in the Cameroons and in Madagascar, but they had not h:adquarters of the main political parties of the Territory, taken place in Togoland; and Lome, for example, was still with the exception of the Union des chefs et des populations a commune mixte and not a commune de plein exercice as it du Nord-Togo (UCPN). should be. They asked for the United Nations to come to The Commission's stay in Lome was divided into two supervise future elections in the Territory. parts: from the time of its arrival, 30 May, until its departure The second interview of the afternoon of 3 June 1957 was for the north, 10 June, and from the time of its return to granted to the MPT. On the afternoon of 7 June 1957, Lome until its departure from the Territory, 21-30 June. the Commission granted hearings to Juvento and the Comite On 3 June 1957 the Commission held its first oral hearing. de l'Unite togolaise (CUT). Juvento returned on 26 June 1957 to finish its expose. The views expressed by these three It met first with a delegation representing 173 traditional 1 chiefs from throughout the Territory. Their spokesman organizations are dealt with in the body of the report. was Ata-Quam Dessou, who stated that before the Europeans On 26 June 1957, the Commission granted oral hearings had come, indigenous authorities had governed according to several organizations. The United Nations Association to custom. \Vhen the Europeans arrived, important agree­ in Togoland (Association des Nations Unies du Togo) ments were made with the indigenous authorities and the informed the Commission that it was established in 1950 by a petitioners claimed their legitimate rights stemmed from group of thirty people who received official authorization. It these agreements which stated that indigenous customs began, however, to have troubles with the administration and usages would not be interfered with except according as early as 1952, for the Government began to consider it, to the conditions of the agreements. The French Constitution according to the spokesman, as a political organization. of 1946 proclaimed the traditional rights of these chiefs, Some of their difficulties-one of them relates to an incident which were spelled out by an arrete of 2 December 1949. in 1955 when they were deprived of the United Nations flag The chiefs claimed, however, that for the past five years they by the French administration-were described. The Asso­ had been victims of local administration which took into ciation has brought this to the attention of the Secretary­ consideration neither the earlier agreements, nor the 1946 General of the United Nations and to the World Federation Constitution, that the traditional chiefs had been deposed, for the United Nations in Geneva, which promised to investi­ that new chiefs were not appointed in the customary way, gate the matter. The Association requested that its flag be that instead of relying on the true customary councils the returned. Administration had established its own in order to give the A delegation of the dismissed Government workers and appearance of legality to its acts that they had been deprived commercial employees claimed that in May 1952, Governor of their authority by the party in power. They gave a list Pechoux arrived in Lome with the firm determination to of chiefs who claimed to be victims of such repression. These exterminate Togoland nationalism. He supposedly urged same chiefs stated that they were members of the Nationalist all workers by direct or indirect means to join the Parti movement, which disposed the French Government to be togolais du progres which had been created, said the peti­ hostile towards them for what reasons they did not understand. tioners, by the Administration and maintained by the French They requested the reunification of the two zones of Togoland Government in Togoland. Those who did not bow to this and for independence. Concerning the Statute, the peti­ desire or who wished to remain neutral were accused of tioners stated that it was a step in the right direction while being anti-French or enemies of France. The petitioners waiting for something better, but it did not give the Territory stated that Government workers in such categories were real self-governement. According to article 26, certain powers falsely accused in order to bring them before a disciplinary were still maintained by the French, but to have self-govern­ council and commercial employees were purely and simply ment Togolanders must have the exercise of these powers dismissed. All those brought before the disciplinary council also. They added that on the day when the Trusteeship were pitilessly discharged from their function by the Governor Agreement would be terminated, they wanted to be able who, at the same time, was said to have overlooked and even to send a delegation from Togoland to the United Nations and to be able to raise their flag there. Using Ghana as an illustration, they stated that its Assembly had a majority 1 See section A of chapter IV. -61 to have encouraged certain unlawful acts of those Govern­ materials or machinery were made in foreign markets ment workers, members of the party in power. taxes were prohibitive. At this rate, and with the desir~ Some dismissed Government workers had gone to Daho­ to make them consumers only, they were being systemati· mey and to the Ivory Coast to compete in examinations for cally annihilated. If they, and their industry, were to sur­ Government posts in those Territories. Some of them had vive, then steps had to be taken immediately in favour of succeeded very well in the tests, but when it was learned that renewing the industry. To this end, they stated, the colonial they had come from Togoland, they were refused positions. system and its vestiges which they maintained still existed in This policy had aided in adding to the problem of unem­ the new Statute had to cease permanently. They declared ployment in the country and that some had returned to families that they wanted the same status as their brothers across the in villages to seek refuge and aid, but others who had worked frontier (in Togoland under British administration). long years for the Government in Lome and who had their Fourteen members of the Commission municipale who own families to sec after could not do this. The group had resigned from that body came before the Commission requested that a Legislative Assembly be constituted by univer­ next. The Commission municipale had been composed of sal suffrage under United Nations control and that this Assem­ fifteen members, elected on a joint CUT-Juvento list, under bly would have the power to take care of the conditions of all the chairmanship of the administrateur-maire. The peti­ sectors of the Territory's population in a democratic manner. tioners stated that they had been elected to office for a term The British Ex-servicemen's Union, formed of those Togo­ of four years in November 1951. The new elections should landers who, during World War II, had joined British fighting have taken place in May 1956. They were informed, how­ forces and who after the war had returned to their homes in ever, that elections according to a law voted by the French Togoland under French administration, complained that Parliament on 18 November 1955 should have taken place Togoland unification had been sabotaged by the integration 30 November 1956 in order that Lome and three other towns of Togoland under British administration with the Gold in Togoland would become communes de plein exercice. A Coast to form Ghana and they advocated granting indepen­ few days before 30 November 1956, they learned by the dence to Togoland under French administration during 1957; Togo n?pub/icain that the elections had been set back to they further stated, inter alia, that granting the Territory 28 April 1957. One month before the date, the same Togo autonomy as a republican state had been a makeshift that republicain announced that these elections had been post· the present Assembly had not been elected on adult suffrage, poned indefinitely pending the passage of a law governing that the Prime Minister and the President of the Assembly municipal organization and elections under consideration being French citizens, had no rights to their posts, that th~ by the Legislative Assembly. They stated that they did present Government's programme of expenditure would not know what was in the draft law since no one was allowed in the Legislative Assembly except the Deputies themselves. event~ally lead the country into bankruptcy, that in spite of bemg under trusteeship the Territory had not benefited Because of the repeated postponements of the municipal by the social and educational programmes of the United elections and their apprehension concerning the municipal law which might restrain the powers of communes in Togo land, ~ations an~ its specialized agencies, that they were ill-treated m the hospitals, that trade between Ghana and the Territory these fourteen members resigned on 30 April 1957. The has been restricted, that unofficial taxes were levied on immi­ administrateur-maire, however, had continued to summon grants from Ghana, that the present flag did not represent the Commission municipale to working meetings between the nation, but was rather the emblem of the PTP that em­ 8 and 28 May 1957. They wrote the administrateur that they ployment of British ex-servicemen had become ineffective could not come to such meetings since they had resigned. (servicemen were discriminated against) and that since 1949 The Commission municipale was suspended from power by B~itish ex-servicem~n were .asked to exchange their Military decree of the Prime Minister as of 1 June 1957. Discharge Books m substitute for a French issue before On 27 June, the Commission received a delegation from employment could be offered them (although those who PRESSETO (Agence de presse togolaise) made up of jour· had made the exchange were still neglected and unemployed). nalists belonging to opposition newspapers. This group The Togoland Handicraft Confederation (La Confederation complained that they had been kept from attending the artisanale du Togo), which came before the Commission Legislative Assembly on 6 June 1957, a session at which the emphasized that it was not a political organization but that Commission was present, in spite of the fact that they had been issued press cards expressly for this purpose. They it was ~ppearing before the Commission to complain against the. policies of the present Government which, its represen­ claimed that the freedom of journalists to gather news relat· tatives stated, was ruining their business. The organization ing to the Commission's activities had been impaired. They claimed that no facilities were given to them for travelling was founded approximately fifteen years ago, it has branches 2 throughout the Territory and includes in its membership in the immediate Commission party. almost all the handicraft workers in Togoland. Twenty On the last working day of the Commission in the Terri­ years ago a Togoland handicraftsman could make a satisfac­ tory, 29 June 1957, it granted two hearings: the Parti togolais tory living off his work for himself and his family. Today, du progres and the Union democratique togolaise. The on the other hand, they were having a difficult time making Commission also attended a manifestation in their honour ends meet, because their professional activity had been reduced organized by the CUT. The views expressed by represen­ considerably, in some cases to such a point that certain small tatives of these organizations are dealt with in chapter IV businesses had had to be abandoned. They complained of the report. The Commission's line regarding attendance of powerful competition. Foreign commercial houses were at political rallies is stated in the introduction to the report. the masters in Togoland, and items which could very well The following submissions were made in Lome in writing be supplied locally were imported to the detriment of Togo­ after the conclusion of the oral hearings. The Union des syn­ land handicraftsmen. They said that they could still subsist dicats du Togo stated through their representatives that since if their larger purchasers, like the Administration, did not the inception of the Statute, arbitrary action had increased direct their orders to these foreign commercial houses. On throughout the country, life was hard for the working the other hand, it was difficult for them to enter into relations classes, wages were not enough, and unemployment threaten· with the outside world. There was no Togoland concession at outside expositions, and the local handicraftsman was deprived of all modern techniques. If purchases of raw ' See paras. 436 to 439 of the report. -62 ing. While the economic crises grew worse day by day, the entirely emancipated. In this endeavour, they supported Government continued to waste public funds, the financial the Government in power. Deputy Figah stated in his situation deteriorated and inflation developed. Feeling speech that the Statute of Togoland answered perfectly the themselves the permanent victims of budgetary difficulties ideas expressed by the Territorial Assembly in its motion of for which they were not responsible, the workers asked that 4 July 1955 by which it affinned the desire of the people to laws regulating their employment be dictated by good sense, safeguard the personality of the Territory and not to separate and since this was not possible under the policies of the from the French Union. Mr. Figah also supported the state­ present Government, they requested the immediate dissolu­ ment made by the Regent. tion of the Legislative Assembly in order that new free elec­ At Tsevie, the Commission was greeted by the Minister tions might be held to elect representatives whom they would for Information, Mr. Fiawoo, who is a deputy for Tsevie trust. district. Mr. Fiawoo stated 3 that the Government of A group of former Togoland students now in the profes­ Togolanders by Togolanders was an incontestable fact and sions (doctors, lawyers, engineers, etc.) presented proposals that the large majority of the people had unreservedly ap­ for the implementation of a policy of Africanization of the proved the new Statute. The Minister for Information pointed cadres. If the Representative Assembly had decided to out the fields in which the people of Tsevie had benefited send scholarship students to France, it was, and rightly so, through aid from the French administration. He stated because they estimated that the country would have need of that the people hoped that in the more or less near future personnel trained on public or private administration. It they would be able to take charge of the maintenance of an would have been normal under these conditions to establish army and a diplomatic corps, thereby assuming responsibility an administrative cadre for the recruitment of these students for all the affairs of interest to the country, but, he added, this who had finished their studies. A cadre should have been in no way would imply the end of an association with France. established to receive those who chose to serve in the public The new Statute was susceptible of evolution and ties with field. In the opinion of the petitioners this field should have France would be modified when new powers were assumed been in one bloc on a national basis, reserved exclusively by the Togoland Government, but the alliance would never for Togolanders or by priority. This cadre might be filled be broken. by personnel hired by the Administering Authority from In speaking of the opposition, Mr. Fiawoo said that a new Technical Assistance offered by the United Nations and political party, the Union democratique togolaise, had been its specialized agencies, from other African States or from formed by dissident members of the Comite de !'Unite togo­ other countries. The formation of such cadres should laise in order to co-operate with the Government. Mr. Pia­ receive special attention. All of the possibilities of benefiting woo is a member of the new party. from the experience and the means of Member States of During Mr. Fiawoo's address, there was a disturbance on the United Nations should be explored and utilized. The the periphery of the crowd attending, and a European officer opening of educational facilities on the spot should be acce­ of the gendarmerie was seen escorting a man into the local lerated and a call made to teachers in France, abroad, and office of the gendarmerie opposite the site where the Commis­ in the United Nations specialized agencies. Above all, a sion was being greeted. Later, in the afternoon, when the policy of autonomy should be pursued. This included the Commission was granting hearings, the commandant du dissolution of the present Assembly and the election of a cercle brought a man said to have been the same one apprehen­ new Legislative Assembly by direct universal suffrage under ded in the morning, to show the Commission that the man had the supervision of the United Nations. not been arrested. The cause of the disturbance supposedly In Paris the Commission received a written submission arose from the fact that the man was carrying an open pocket­ from the Association of Togoland students in France in knife in his hand in the crowd. A knife was shown the which is set forth the reasons for which it believes that the Commission. It was explained that he was escorted to the Statute did not satisfy the essential aims of the International gendarmerie to protect him from an excited crowd. Trusteeship System or the legitimate aspirations of the people Following the reception at Tsevie, the Commission granted of Togoland towards independence. It requested that the oral hearings. It heard representatives of Juvento, the Comite Territory be given its independence according to the objectives de !'Unite togolaise, the Mouvement populaire togolais, set out in Article 76 b of the United Nations Charter. Towards the Parti togolais du progres and the Union democratique these aims the Association favoured the reconstitution of the togolaise. It also met with the local conseil de circonscrip­ Legislative Assembly elected by direct universal adult suffrage, tion. by secret ballot and the constitutioning of a fully responsible The representative of Juvento complained that the adminis­ Togoland Government. The new Legislative Assembly and tration would not allow the opposition parties to hold a the Togoland Government would then take the necessary rally in the public stadium during the Commission's visit. steps to assure that Togoland attains independence within Nevertheless, the opposition did hold a rally on private a period of three years, and would terminate the Trusteeship grounds which the Commission attended briefly. On the Agreement of 13 December 1946. other h~nd, the Government party was permitted to congre­ gate on the public market. It was claimed that government 2. THE cercle OF Tstvrt forces had been used to intimidate opposition party adherents on the eve of the Commission's visit. Freedom of political The cercle of Tsevie lies to the north of Lome. Its popula­ expression, including the freedom of assembly, was requested. tion of 96,625 is predominantly Ewe. The representative of the CUT stated t.hat even though women On 4 June 1957, the Commission visited the cercle of made an effort to be put on electron ballots, they were Tsevie stopping first at Davie where it was greeted by Mr. No­ refused the right to run for office. Nationalist public servants pegno Aziagno, Regent of the Canton of Davie-Assome, were often dismissed from their jobs and measures were and by Mr. Joseph Figah, one of the three deputies from taken even in private life to keep members of nationalist Tsevie district. The Regent stated that the Canton of Davie parties from acquiring good positions. The complaint. was had always worked hand in hand with the French administra­ made that the conseil de circonscription met only twrce a tion which had brought about many improvements in the area. The people knew which direction they were going and they wanted to go that way only with France until they were • Full text in annex II. -63- year and could not thereby properly perform its functions. de cercle, the conseil de circonscription and the traditional Concerning the elections, it was stated that the chiefs had chiefs and a welcoming committee composed of representatives control of the election cards which they misused and that of all political parties, after which it was escorted to the ele­ electors were invited to come long distances in order to register, mentary school where it granted oral hearings. Before the only to find that the registration day had been postponed hearings began, however, the commandant de cercle made a indefinitely. A spokesman for the Mouvement populaire brief statement in which he said that he would try to have togolais said that justice had been corrupted. When a mem­ everything done cordially and hoped that there would be no ber of the government party committed a crime, he was not grounds for trouble. He stated that people had come from punished. He also said that the Minister of Information outside the cercle to foment trouble; therefore, if there was was really a Ghanaian who had worked well for the admi­ any trouble, it would be their doing. In fact, there was no nistration and had, therefore, been rewarded. trouble. All the opposition joined in stating that the French still The first hearing was granted to the local branch of the did all the true administrative work. The representatives Parti togolais du progres, whose spokesman was one of the also stated that the salary paid the traditional cantonal chief two deputies for this cercle, Mr. Nicolas Akou. He dealt was considerably less than that paid the chiefs appointed by at length with the modifications which the Statute had under­ the French administration. gone. The representative of the Parti togolais du progres reiterated In answering questions put to him by members of the Com­ the need of the economic development of the country and the mission, Mr. Akou stated that, in his opinion, the Togoland desire for close ties with France to this end. He said that Government was self-governing to such a point as to justify the party in power would never allow any other party to the termination of the Trusteeship Agreement. The Prime overturn its plans. He alleged that it was the plan of the Minister was the head of the Government responsible to the Prime Minister Nkrumah and Mr. Sylvanus Olympia to Legislative Assembly and he had ministers who were respon­ integrate the Territory into Ghana. Concerning new elec­ sible to him. The Legislative Assembly was sovereign. tions, he said that the country did not want to be forced into Therefore, it was useless for the country to be under anyone's holding them. The opposition had refused to vote in the tutelage, since Togolanders were managing their own affairs. elections and had told the people that they would go to the He added that the people of the country would like to see United Nations and return with the United Nations, who a Togoland delegate at the United Nations. In reply to a would cause new elections to be held. If new elections were request to clarify how the PTP envisaged the Franco-African held and the present Legislative Assembly dissolved, the community, Mr. Akou stated that Togolanders wished to people would think that the opposition had won and the live in friendship and harmony with the French as the people government party did not wish to give the people the notion of Ghana lived within the British Commonwealth. Concern­ that the opposition had more influence than it, in reality, ing the Legislative Assembly, Mr. Akou stated that the people had. On the other hand, Togolanders did not wish for a were hostile to renewing its term of office at this time. On plebiscite which would force them to go with France indefi­ the question of the future evolution of the Statute, in the nitely. opinion of the deputy the French Government would be obliged to give satisfaction to va:ux emitted by the Legislative The last hearing with the Union democratique togolaise, Assembly to modify further the Statute. during which the petitioners stated that they were not in favo~r of dissolving the Legislative Assembly which had only The Commission next granted a hearing to the local branch functiOned a few months and during which they alleged that of the CUT and the Nationalist Women's Group of the CUT. most members of the opposition were from Dahomey and The document presented to the Commission reiterated views Ghana, was cut short by disturbances outside the building expressed by the executive committee at Lome. In the of the conseil de circonscription where the Commission was exchange held between the Commission and the petitioners, holding its meetings. Fights began to break out among the representative of the group stated that, concerning political adherents of the opposing parties congregated outside the freedom, permission had to be granted by the authorities building. Order was maintained by Togoland guards who prior to holding political meetings - even of a private had been stationed about the premises throughout the day, nature - that their meetings were checked by the authorities but the commandant de cercle, presenting to the Commission and decrees were issued forbidding such meetings. A carbon a man whose lip was badly cut, requested the former to finish copy of a typewritten decree dated 15 March 1957 was sub­ its business as quickly as possible, since night was falling, mitted to the Commission whereby the Prime Minister, and once it was dark it would be more difficult to maintain following certain disturbances at the Ghana frontier, forbade calm. The Commission returned to Lome shortly there­ all meetings, rallies or gatherings until further notice in the after. Canton of Ave (cercle of Tsevie), the cercle of Klouto and in the subdivision of Akposso-Plateau (cercle of Atakpame). The Commission paid a brief visit to a rally organized by He said that they had invited the Commission to attend a the parties of the opposition. meeting, but had been told by the authorities that this would not be possible. As a rule, their meetings were unauthorized 3. THE cerc/e OF KLOUTO and took place in the bush. The Commission paid a brief visit to a rally organized by The cercle of Klouto (Palime) occupies a relatively small CUT and went later to the hall of the consei/ de circonscription area (3,260 square kilometres) north-west of the cercle of where it granted three more hearings and met with the consei/. Tsevie. Its population (60,128) is predominantly Ewe. Its The first group heard in the afternoon was the CUT branch headquarters are at Palime, a railhead and important cocoa­ from Agou-gare who, in presenting the views of their party, buying centre. stated that Lome guards, having attended meetings of the On 5 June 1956, the Commission set out from Lome by United Nations Visiting Mission in 1955, had been arrested. rail to visit this cere/e. The train stopped at Agou-gare The representative of France to the Trusteeship Council where members of CUT had invited the Commission to attend had said in New York that they had been released. The a rally, but the Commission learned that the CUT adherents petitioners repudiated this statement and said that fifteen had already proceeded to Pa!ime to see it. The train con­ had been detained until May 1957 and that the leader had not tinued on to Palime where it was greeted by the commandant yet been released, but was still in prison in Klouto. When -64- asked if they would participate in elections held under the addressed it with a statement insisting on the need of a Franco­ new Statute, the petitioners stated that they wanted nothing Togoland association as the only worth-while policy to bring to do with the new Statute. They stated that they wanted about, in peace and quiet, self-government. He requested a new Nationalist Statute and not the present one. that the Commission make known to the General Assembly the Togoland request for the termination of the Trusteeship The next group to be heard was the Klouto branch of Agreement and the authorization to send a Togoland repre­ Juvento, who presented a written statement and added that sentative to the United Nations. The Commission then visited they rejected the idea of being included in the French Union as well as the dual nationality. When asked if by indepen­ the local museum and attended a manifestation held by CUT where its proposed programme was reiterated to the Commis­ dence they meant to be in union with any other countries, they expressed a desire to be part of a National African sion. Federation with all neighbouring countries. The Commission then continued on to Anecho, where it The Commission terminated its hearings with complaints held a meeting with the Municipal Council and the Prince from a former traditional chief from the village of Toutou, Regent. The Municipal Councillors declared that they were Kpele Canton, within the cercle, David A. Akuagbi II, who squarely behind the Togoland Government which was led by complained against the present Government and the new Togolanders themselves. The promise made by France to Statute. lead them to freedom and the democratic management of their own affairs had become a reality. They did not accept The Commission met with the members of the Municipal the" lying statements of a few meddling agitators". Follow­ Commission, which was unable to hold a formal meeting ing this, a statement was made by one of the five deputies because six of its members expressed their inability to take from this cercle, Mr. Lazarus Lawson. He declared that part in it. They explained that they had been elected to autonomy in Togoland was a fact and that with a certain office in 1951 by limited suffrage in two colleges, and that the pride and moral satisfaction, he could state that Ghana, tenure of their office had expired in 1956 and that they did although completely independent, had no appreciable edge not understand the attitude of the Government in not renew­ on Togoland, for several articles of the Statute clearly showed ing the organ according to new laws. They added that that their powers were more extensive and more direct than they woul~ not be bound by any statement made. In reply Ghana. He further stated that his constituents were hostile to to a questiOn put by the Commission, the commandant de the dissolution of the Legislative Assembly, which would be cerc!e stated that the Council met in two ordinary budgetary derogatory towards the desires of the traditional chiefs and sessiOns a year, and any other special sessions called for to the large majority of the indigenous peoples. The Prince valid reasons and authorized by the Minister of Interior. Regent of Anecho addressed the Commission once more. He The commandant de cercle, who was also administrateur­ pointed out that it had come to the Territory with a view maire, pointed out the competences of his post and of the to assuring itself on the spot concerning whether the clauses Council. He estimated that 95 per cent of his functions of the Mandate confided to France had been well observed. d~pended on the Togoland Ministry. The only field in which He stated that they had been. The Commission then attended his powers came from the French Government was border a rally organized by the local branches of the CUT. defence. He pointed out that there were no Togolanders who were commandants de cercle, but that several subdivisional At midday, the Commission was received at Attitogon officers were Africans, as was his own assistant. He explained by its Paramount Chief, Christophe Messanvi Agbezouhoan II, that the French civil servants from the Ministry for Overseas who stated that Togolanders had become adherents of the Fr~nce were on loan, so to speak, until the Togolanders had Defferre Law which had created the autonomy of their ~ramed en.ough personnel to take over these posts. In speak­ country. He assured the Commission that Togolanders, mg of h1s role of administrateur-maire the commandant alone, managed their own affairs today. pointed out that his services were free (that is, being mayor The Commission continued on to Vogan, where it was was a "fonction gratuite "). greeted by the Fio Jacob Kalipe III, traditional Chief and !he Commission returned in the evening to Lome by another one of the Deputies for the cercle. The Fio saw the rail. Statute as a great step forward towards independence. He was certain that in the near future, and when the economic 4. THE cercle OF ANECHO means of Togoland would permit it, they would be able to take care of national defence, foreign affairs and the minting ~he cercle of Anecho has a population of 186,138, composed of money themselves. In the afternoon, the Commission ~amly of Ouatchis and Minas. Administratively, it is divided divided into two groups, one remaining in Vogan to attend mto the subdivisions of Anecho and Tabligbo. a CUT rally. The Commission paid two visits to the cercle, on 8 and The representatives of Canada, Denmark and Guatemala 25 June 1957. On 8 June, it visited the Palais de Lolame proceeded north to Tabligbo. This group made a brief halt and attended a large reception given in its honour by the at Ameguran to receive communications and then proceeded Regent of Anecho at which the latter, as well as the traditional to visit Kouve, where a manifestation by the Government Ministers of the King of Anecho, made statements. The authorities had been organized. After having been addressed Regent and the traditional Ministers expressed gratitude by the local traditional Chief Ayassou, it returned to Tabligbo. for the benefits that Togoland had received from the French Thus Kouve and Tabligbo were visited for the first time by a administration as well as the confidence they had in the Auto­ United Nations Mission. nomous Government of Togoland and its Prime Minister. The group also attended a meeting of the conseil de cir­ They also declared their satisfaction upon welcoming the conscription and an opposition rally before returning to Lome Con:mission in the former capital and historical city of the that evening. !er.nt~ry. The same day, the Commission accepted an InVItatiOn. to attend a reception at the Maison Adjigo, the 5. THE cerc/e OF ATAKPAME other rulmg house in Anecho. It was addressed by Ata Quam-Dessou, head of the house, who requested a hearing The cercle of Atakpame, which lies north of those of when next the Commission would be in Am'\cho. An echo and Klouto, is the largest of the Territory (17, 170 ~n 25 June 1957, the Commission made the first of many square kilometres). Its population (128,964) is mixed; the bnef halts at Porto-Seguro, where the Fio Assiakoley II largest tribal groups are those of Akpossos, Anas, Ouatchis- -65- s• Adjas and Kabrais-Lossos. Administratively, the cercle is The Commission's programme of hearings was interspersed divided into one mixed commune, the town of Atakpame, and with unscheduled rallies which forced it to carry its activities three subdivisions, those of Atakpame, Akposso and Nuatja. far into the late evening and to complete its hearings by the On 10 June 1957, the Commission began the second phase light of petrol lanterns. of its work in the Territory, a trip north into the interior. The rallies included one organized by the Parti togolais It arrived at the subdivision of Nuatja at 11.30 a.m., where du progres, another by the Comite de !'Unite togolaise, and it was greeted by the Paramount Chief, Danhoui Oussounou, a third, by the local government authorities. and the Chief of the subdivision, Mr. Victor Dagba, who had In the course of the afternoon and evening the Commission been a teacher in the area for thirty years. The Paramount granted hearings to the CUT, the traditional chiefs of the Chief, in his statement, insisted upon the termination of the area, a delegation of Atakpame women, the local branch of Trusteeship System and, in particular, the end of periodic the PTP and the African Government employees of Atak­ visiting missions which, he claimed, were a source of periodic pame. trouble in the country. He stated that those who represented The CUT complained that it was l::eing suffocated in the the opposition at the United Nations in New York were area. Meetings had been banned in Palime and Akposso, leaders of minority groups. Mr. Dagba drew the Commis­ and young men were hired to menace and break up their sion's attention to the fact that he, as a Togolander and an meetings. When Mr. Sylvanus Olympio returned from African, was in charge of the subdivision of Nuatja. This New York in March, they were not permitted to hear his he attributed to the change which had come over Togoland report. Concerning elections, they stated that one of the since the application of the new Statute. documents required as identification was a birth certificate, In the afternoon, the Commission granted three hearings but that the French administration had only instituted birth and met with the local conseil de circonscription. The first certificates in the last five years, otherwise such documents hearing was granted to the local branch of the CUT who had not been used in the Territory since the time of the described the difficulties they had to meet in order to organize German administration. They desired unification with Togo­ a rally. land under British administration and they wanted indepen­ The second group was the canton and village Chiefs, who dence, after which they would be free to negotiate to unify claimed their authority from before the time the Germans with Ghana. They complained further that a government had arrived in the area. They stated that since the French van in which Mr. Atakpamey was riding and carrying other had arrived, general conditions had improved. In answer administrative adherents circulated in the area on the day of to a question put to him by a member of the Commission, the referendum to see that no one voted for the maintenance Chief Danhoui Oussounou stated that he had the right to of trusteeship. It was their estimation that if they would be forbid public meeting whenever it was considered they might allowed to campaign in the north of Togoland, and if elec­ lead to rioting and perhaps bloodshed. tions were freely held, they would win by a majority of the seats. In the south, all elections would go CUT. They The final group to be heard was the Parti togolais du maintained that the northern Chiefs were really not in favour progres, which requested the termination of the Trusteeship of the Statute, but that there was a "caisse noire" to furnish Agreement and stated that the opposition, composed of people the chiefs with luxuries to bride them. Concerning the falsifi­ from Lome, was simply trying to sow disorder throughout cation of election cards, they claimed that as many as fifty the country. cards had been issued in the name of one person. At the meeting with the conseil de circonscription, council­ The second hearing was granted to the traditional Chiefs, men informed the Commission that the Council was elected who supported the Government in power and requested the once every five years, always by the same chiefs; that once termination of the Trusteeship System in the Territory. They elected, they could not be removed from office, and that desired to have a representation of Togoland at the United normally three meetings were held every year plus any special Nations, and it was their belief that once the Trusteeship sessions deemed necessary. Concerning political freedom, Agreement was terminated, such representation could be the Council members stated that leaders of the opposition made. had been allowed to address their adherents in complete freedom in the area, and invited the Commission to see the Next, the Commission met with representatives of a local CUT rally to be better informed on conditions. PTP women's group which claimed a membership of 500 and which met once a week or perhaps three times a month The Commission began its day in Atakpame, 11 June 1957, to discuss political matters. They supported the policy of by accepting the invitation of the commandant de cercle to the PTP. pay a brief visit to the city. It completed its morning's work by meeting with the Municipal Council and the admi­ Mr. Atakpamey, who was the main speaker at the PTP nistrateur-maire, who was also the commandant de cercle. rally held earlier, appeared again as the representative of the The Council informed the Commission that Atakpame party. To his speech at the rally, he added that during the (the town) would soon become a commune de plein exercice referendum every possibility had been given to get the vote and the Mayor would be elected from among the members out, electoral lists had been drawn up and put at the disposal of the Municipal Council. They said that they were anxious of each party. He thought the United Nations would heed to acquire this honour. The Commission was informed that the request of Togo land to become a Member of the Organiza­ the Council met, on an average, four times a year. As a tion, because the country had true autonomy. In his opinion, rule, the Mayor summoned the meetings, but any group of the United Nations might accept Togoland as an exception councilmen might also request a meeting and the Mayor to its rule that all new Members be independent States. When would be obliged to call it. In replying to questions put by he was requested to explaim his words " large autonomie ", members of the Commission concerning the frequency of Mr. Atakpamey replied he understood the words to mean work of the Council, the Commission was informed that the full autonomy. members of the Council were frequently consulted by the The final group to be heard was the one representing administrateur-maire ("at least three or four times a year") on approximately 500 African government employees in Atak­ matters of small importance, even when the Council was not pame; they declared that they supported the Government in session and that the administrateur-maire performed his in office, that they desired the termination of the Trusteeship functions as such throughout the year. Agreement before or at the time that Togoland would become -66- a Member of the United Nations, or on the certainty that it The Commission made its first stop in the ccrcle at the would so be admitted; they supported the Statute and they village of Sotouboua in the late afternoon of 13 June 1957. wanted the positions which Europeans now held. They also It was greeted by the Chief of the Canton before a large gather­ declared that they had no position on the dissolution of the ing on the side of the road along which it was travell~ng to Legislative Assembly. Sokode. The Chief asked that the General Assembly raise the On 12 June 1957, the Commission visited Badou, in the last barrier that separated Togolanders from true autonomy subdivision of Akposso. They made a brief stop at Koug­ by ending the trusteeship status of the Territory. nohou, en route. They were received by Mr. Anonene Ahovi, The Commission then was invited to cross the road where Chief of the Canton of the Akebou. In the afternoon, the a group of the Comite de !'Unite togolaise wished to address Commission granted hearings to the Parti togolais du progres, it. In rejecting the Statute, they stated that it was only another at which Chief Hermann Egblomasse II, Deputy for Akposso, device used by the colonialists to manage the affairs of others. made a statement, and to Mr. Paul Y. Agbetete-Tomegbe, They also claimed that they had no political freedom. a former adherent of the opposition party and now a supporter On 14 June 1957, the Commission visited Sokode. It of the Government in office. The Deputy of Akposso said held meetings with the Municipal Council and the conseil that it was true that his constituency had been a stronghold de circonscription. The Municipal Council began its meeting of the CUT, but that during the referendum forty per cent of by discussing improvements to the community, especially the the population had voted, 12,000 in favour of the Statute possibility of making running water available in the town and 335 refusing it. He stated that at the time of the indepen­ where, at present, the only way to have water is. to .gather dence of Ghana, disturbances had broken out on the border, it from the rain. The functioning of the Council did not and refugees had come into his constituency. The petitioners differ greatly from other such bodies in the Territory. The further supported the general policy of the executive committee. commandant de cercle stated that since his arrival at the post The Commission had received from other sources a photo­ a month previously, the Council had held three meetings. graph of a letter dated 26 March 1957 and signed and stamped The meeting of the conseil de circonscription was attended with a seal belonging to the Chairman of the Akposso branch by the two Deputies for the cercle, Mr. Ayeva Derman and of the PTP. The letter was addressed impersonally and Mr. Mama Fousseni, the latter being the Minister of State stated that for the purpose of repulsing a meeting of the CUT who, as representative of the Prime Minister, was ~ccompany­ which wished still to sow disorders in Atakpame on 31 March ing the Commission on its tour through the Terntory. The 1957, the writer requested that the recipient provide forty principal point of discussion was the possibility of requesting young men. The meeting place was specified at Tchakpoli, a loan in order to improve market places. It was also ex­ at 5.30 a.m. When the Commission questioned the Chairman plained to the Commission that every canton in the cercle was of the local PTP about the incidents of 31 March, he stated represented and that members represented every 10,000 popu­ that the CUT had organized a meeting in order to attack lation or major portion thereof. the PTP. He had urged his followers to avoid attack, he had written in French, which was not his own language, and At noon, the Commission attended a rally organized by the doubtless had made mistakes in the use of words. He iden­ Government authorities, at which the Paramount Chief of the 4 Cotocolis, Ayeva Issifou, and Mr. Mama Fousseni, addressed tified the photostatic copy presented to him as a letter which 5 he had written to the Chairman of the party subdivision. the gathering on the general conditions in the north. Before returning to Badou, the Commission met with the Chief Ayeva Issifou, after having expressed gratitude f~r conseil de circonscription. This Council's activities were the improvement brought to the area by the French admi­ similar to those of other such bodies. nistration, stated that his people were rather proud that they On 13 June 1957, the Commission paid a visit to the agri­ had been educated to administer themselves and that they cultural regions of northern Atakpame cercle, stopping first had been able to negotiate the new Statute with the French at a rally at Anie and later in other regions to see the state Government and not had it granted to them, as was the case of agricultural progress. In Anie, the Commission met the elsewhere. He further declared that only a feeble minority traditional Chiefs and heard a short statement by the Chief of trouble-makers could pretend that the Legislative Assembly of the Canton in support of French administration and of the had been "badly elected" and that the peoples of Togo land new Republic. trusted their elected representatives and wanted to see them finish out their term of office as was provided for in the Sta­ tute. He requested the termination of the Trusteeship System 6. THE cercle OF SoKODE in the Territory. Before granting hearings late in the afternoon, the Commis­ The cercle of Sokode, which lies to the north of Atakpame, sion attended a rally organized by the CUT. is the southernmost cercle of the northern part of the Terri­ The Chiefs of the Cotocolis and other traditional Chiefs tory. Its population (89,950) consists predominantly of estimated that the Territory would be ready for independence members of the Cotocoli tribe, but also includes a substan­ in ten to fifteen years, but in the interim period they ~id l!ot tial number of Cabrais and Bassaris. The headquarters of want United Nations Trusteeship, because that Imphed the cercle, Sokode, is also the headquarters of the Union periodic visiting missions which, in turn, always brou.ght des chefs et des populations du Nord-Togo (UCPN) and the trouble to the Territory, the people became unruly and diso­ Bloc republicain togolais, an organization which claimed bedient and the opposition encouraged insulting the tradi­ 10,000 adherents in the north. tional rulers. Concerning the election of Chiefs, they declared that when it came time to elect new Chiefs, the v_illage ~ou~~ils interviewed the candidates in order to ascertam their ability 'The text of the letter is as follows: to make good rulers. The representatives from quarters .of Sir, cantons electing Chiefs were rotated. In the case of a tie­ In order to repulse a meeting of the CUT, which still wishes to vote, the people were consulted .in a sort of. open ballo~, sow disorder at Atakpame on 31/3/57, I request you to be so good whereby the people lined up belund the candidate of their as to provide us with 40 young men. The place of meeting i~ at choice. When a secret ballot was suggested to them, they 5.30 a.m. at Tchakpali. I am relying on your loyal collaborat10n. The Chairman of the Akposso Branch of the PTP 26/3/57 (Signature illegible) ' Text in annex II. -67 agreed that this was also a good system, but the machinery 7. THE cerc/e OF BASSARI (ballot papers, etc.) for such an election was not available to North-west of Sokode lies the cercle of Bassari. Its popu­ them, and in any case they preferred the traditional way. lation (58,645) is predominantly composed of two tribal The members of the Municipal Council then appeared groups : the Bassaris (21,745) in the south, and the Kon­ before the Commission. They had nothing to add to their kombas (16,859) in the north. discussions during the morning. The Commission noted The Commission visited Bassari, the headquarters of the that a French Roman Catholic Father had been elected to cercle, on 15 June 1957. On entering the town, they were the Council in a Moslem community. greeted by the commandant de cercle, the traditional Chiefs The next hearing was with the local branch of the CUT, of the area, and one of the two Deputies for the District, which, in general, supported the programme of the executive Mr. Gbegbeni Nanamale. Mr. Gbegbeni declared that the committee set out above. The spokesmen for it also added Commission was being welcomed by the same people who that they wanted to negotiate another Statute, since the one had greeted, in February 1957, the Togoland Government now instituted had been agreed upon between the French during its first official visit in the cere/e. He said that he was Government on the one hand, and only one political party convinced that the presence of the Commission in Togoland in the Territory on the other. They claimed that they were would result in the realization of the recognition of the Repub­ given neither the time nor the opportunity to conduct a lic and the termination in the near future of the Trusteeship campaign before the referendum in October 1956. They Agreement for Togoland under French administration. said that there were no chiefs in their party, for once they After the brief reception, the Commission walked down the joined the CUT they were destooled. They claimed, more­ road to meet with the conseil de circonscription near the over, that the Administration and the colonialists were those market place. In the market place, a rally organized by the who caused trouble when United Nations visiting missions Comite de !'Unite togolaise was awaiting the Commission. were passing through the Territory. They said that they feared that they would be victimized once the Commission The records of the conseil showed that three meetings had had left the area, although they were free to appear before been held during the course of 1956; a member of the the Commission during its passage in the cere/e. Commission inquired how the conseil kept itself informed of the various problems in the circonscription. The Chief of the The remaining petitioners were a group of farmers who Bassaris stated that members of the conseil lived far apart had requested the Paramount Chiefs to allow them to express and that meetings were held only when it was deemed useful their support of the new Statute in order that the Commission to settle the broad aspects of problems. The members of would not think the farmers of the area indifferent to it. the conseil declared that no meetings had been held to discuss When one of the farmers was asked what would have hap­ the Statute prior to its adoption, but that members were pened if he had not requested permission of the Chief to .see the well infor~ed of the Statute by explanations, especially Commission, he replied the Chief would have pulled h1s ears. those given by the Ministers, to which they had listened. Most The Commission visited the cercle of Bassari on 15 June of the members were illiterate; the Statute had not been trans­ 1957, returning to Sokode for a day of rest on 16 June 1957. lated into any local languages (notably Bassari) since these On the morning of 17 June 1957, on its way to the cercle languages had no written form. The various chiefs present of Lama-Kara, the Commission stopped long ~nough at stated that they had explained the Statute to their people as Bafilo to attend a rally of the CUT and one orgamzed by the it had been explained to them. The members of the conseil Government authorities. At the CUT rally, the Commission stated also that each times a United Nations Visiting Mission was presented with a document containing various instances passed through the Territory there were disturbances and whereby the adherents of the party claimed to have been wild rumours ran through the countryside. The members of victims of political repression. They claimed also that the the conseil said that they had been told that once trusteeship French had done little to combat illiteracy in the area. They was to be terminated the country would have the right to be declared that the Union des chefs du Nord had been created represented in the U~ited Nations. They stated their desire when it was found out that the PTP was not adaptable to to continue in the French community and requested that the the north, in order to combat the CUT. In their opinion, Commission not forget to ;terminate the Trusteeship Agreement. the new Statute had in no way changed the former system. Following the meeting with the conseil de circonscription, At the Government gathering, Mr. Derman, the Deputy the Commission crossed the road to the market place, where for the area, addressed the Commission. He supported the the CUT rally was still waiting for it. statements made by the Paramount Chief and the Minister In the afternoon, the representatives of Liberia and Yug.o­ of the Interior on 14 June 1957. slavia visited the community of Kabou to the North, whlle As the Commission left the cercle of Sokode, the Paramount the representatives of Canada and Guatemala remained at Chief complained to it that he had been disrespectfully Bassari to grant four hearings. Mr. Gbegbeni retu~ned treated by adherents of the CUT near their rally, jabbed to speak on behalf of the Union des chefs et des populatiOns in the ribs and hissed. Later in the day, the Commission du Nord as well as for himself. He declared that for the received a telegram at Lama-Kara from Jules Moustapha, the populations of the north essentially of the peasant class and CUT leader in Bafilo, informing the Commission. that Idrissou therefore more retarded than the populations in the south, Akele, Secretary of the CUT, was arrested after 1ts departure. full independence at this time would leave them in subjection Later the Commission received a letter from the Bafilo to their neighbours. In Togoland, they had chosen the form branch 'or the CUT claiming that before the Commission's of Government which best suited them and it only remained arrival in Bafilo, the Paramount Chief had come to the place for the United Nations to sanction this choice. He had no of the CUT rally in an attempt to provoke them. When they doubts that the members of the United Nations would remain did not reply, he began to slap one of their members. After loyal to its principles. The Statute now in force had, of the Commission left, the Chief supposedly telephoned the course, been proposed by France, in agreement with Togoland gendarmerie of Sokode to intervene. A European gendarme parliamentarians but it had been freely. discusse.d and amen~ed and two African auxiliaries arrived in Bafilo and arrested by the Territorial Assembly before bemg apphe~. In reah~y, four members of the party, among whom was the Idrissou the Minister for Overseas France and the H1gh Commis­ Akele referred to in the telegram. The Commission later sioner had the right of veto over Togoland laws only so lo~g learned that those arrested would be brought before the as the Territory remained under the International Trusteeship court at Sokode. System. -68- During the exchange with the Commission, the petitioner of office of the present Legislative Assembly had expired. stated that he did not know how many people were in the They treated the opposition as being a weak minority who put opposition in the cercle, but when he contacted the people their own selfish interests before those of the country and that to know their desires, he was consulted by members of the the goal which they pursued, if not beyond all objectivity, opposition for political advice. He also stated that when the presented the perspective of a dictatorship, an unspeakable Trusteeship Agreement was terminated, a Togolander would disorder and insecurity. The rest of the statement followed participate in the United Nations in the French delegation. the general policy of the Government. The following group consisted of Bassari chiefs who ex­ Before the morning's programme was finished, the Commis­ pressed satisfaction with political policy being presently ap­ sion attended perhaps the most exciting rally organized by plied. New elections were not necessary, but if they were held, the CUT and Juvento. It was difficult for the leaders of the the same representatives would be returned to the Legislative group to maintain and to present their views, which were in Assembly. Concerning the relations between the north general those heard before, to the Commission. and the south, they felt that the south did not want the north to advance, and for that reason the north still had need of In the afternoon, in order to complete its programme, economic aid from the French to help to educate their children. the Commission divided into two groups : the Chairman Replying to a question, the chiefs stated that the essential and the representatives of Guatemala and the Philippines difference between the UCPN and the PTP was that they comprising one group, and the representatives of Canada did not hold their meetings together. Concerning tribal and Yugoslavia comprising the other. obedience to chiefs, the petitioners said that they could not The first group granted a hearing which began at 3.15 p.m. force the people to do something against their will, if certain and lasted most of the afternoon to the local branch of the among them desired to follow another unelected traditional Union des chefs et des populations du Nord (UCPN). Their chief. presence was to support declarations made by the Paramount The third and fourth hearings were granted to adherents Chief and the Deputies at the morning reception. They stated of the CUT. They claimed that their names had been taken that the opposition group was led by agitators from the south during the rally, perhaps in order to intimidate them. After and should not have been listened to by the Commission. they had received the 1955 Visiting Mission, certain of them Until that day, the CUT had never held a meeting in Lama­ had been beaten and put in jail. They had only been able to Kara, said the Paramount Chief; it was not contrary to the attend today's rally by contacting each other by means of a Statute or the laws to do so, but it was against custom to whispering campaign. Gendarmes had attempted to thwart organize such a meeting as a surprise and without giving notice their rally, and they had been forced to assemble one by one. to the traditional authorities. Those who had attended the They estimated that there were perhaps 3,500 or 4,000 mem­ opposition rally had come with knives, whips and other bers of CUT in the cercle. Those who had not shown weapons and the captain of the garde togolaise had made up at the rally were afraid. Their flag, a gold star on a green them deposit these weapons at a store. They appeared to oval placed in the centre of a white background, the upper reproach the Commission for having encouraged the oppo­ and lower borders of which were edged in red, stood for unifi­ sition by listening to them. The petitioners were informed that cation with former Togoland under British administration, the Commission had come to encourage no party whatso­ now under Ghana. They desired United Nations aid. As a ever, but that it had to hear everyone who wished to present side remark they stated that the son of the Chief of Kabou, his views. When they were asked to explain what they meant who had joined the CUT, was now living in exile in Niamey by autonomy, the Chiefs replied that the Togoland elite (Niger). They requested that the Commission intervene to would administer the country, and France itself would safe­ protect them from being beaten by the administratioi1. guard the peace. The group which went to Kabou was received by the Chief The other group, meanwhile, was meeting with represen­ there, who expressed satisfaction with the Statute and with tatives of the Bloc n!publicain togolais, which would appear the Togo land Government, and who in his statement dismissed to be the Youth Movement of the UCPN, established in 1956. the few members of the opposition as "traitors, thieves and There are no traditional chiefs in this organization. Mr. Jean murderers". Rinklif was the national leader of the BRT. Their general The two groups of the Commission returned to Sokodc programme sought to improve the standard of living of the in the early evening of 15 June 1957. peasants on the spiritual as well as the material plane, to organize community help in case of natural or man-made 8. THE cercfe OF LAMA-KARA disaster and politically to defend the country and to go The cercle of Lama-Kara occupies a small area (2,500 square forward together towards a democratic way of life. It was kilometres), heavily populated (187,627), north of Sokode and estimated by the petitioners that they have between three and east of Bassari. It is administratively divided into the sub­ six thousand adherents in the cercle. The representatives divisions of Lama-Kara and Niamtougou. The population is stated, concerning the Trusteeship Agreement, that if it were predominantly composed of Cabrais in the former subdivision, not terminated it would not serve as an obstacle to indepen­ and of Lossos, and to a lesser extent, Lambas, in the latter. dence, but termination of the Agreement would remove all The Commission was greeted at Lama-Kara on the morning ambiguity. They stated that the opposition had declared of 17 June 1957 by the Paramount Chief of the Cabrais, that the United Nations Commission had come to the Terri­ Mr. Gregoire Palanga Tchedre III, and the Deputies for Lama­ tory to remove the French administration. Kara. The Chief assured that it was to France that they The second group of the Commission also saw a combined owed their gratitude for so many improvements, that the group of the CUT and Juvento. They presented a man whose local population was proud of its new government, that they name was given as Basougnitou Pilaki from Koumea, who was wished to see the Legislative Assembly finish its term of office wounded about the head and bleeding. The petitioners and that they did not see the need to continue the Trusteeship claimed that he was the victim of the police and the local System in the Territory. chiefs. For themselves, they said that they were forced to The deputies in their statement said that the frequency live in poverty, penalized and intimidated. They further of elections in the past three years had upset the peasant stated that those who had attended the Government-organized masses in their agricultural routine. The next elections would reception earlier in the day had been transported to the area take place according to the Statute, but only when the term in Government lorries. -69- Before the delegation left the hearing-room, the opposition After the Commission's trip to the two northernmost requested protection by the Commission from the threatening cercles, it returned to Lama-Kara for the night of 20 June crowd of members of the UCPN and BRT who were still 1957 and left for Lome on the following day. assembled outside. The Commission requested its Principal On 22 June 1957, a regrettable incident occurred in the Secretary to give the petitioners safe conduct through the cercle as the result of which at least nine persons lost their crowd which he did. When the petitioners left, they ran in the lives. The Commission feels obliged to report on it although opposite direction from the assemblied crowd. At this point, it was not in the vicinity at the time. News of the incident the earlier group representing the BRT asked to be heard arrived in Lome shortly after the return of the Commission again by the Commission. The secretariat requested a small - through both official and unofficial channels - from the delegation be appointed to present the petitioners' views. At north. The Commission requested from the Prime Minister first, the group objected to this procedure, but then agreed a full report on the matter and in the meantime granted to it. The members of the Bloc n!publicain togolais felt that hearings to representatives of the Lama-Kara branches of its interview with the Commission had been cut short (the Juvento and the CUT, who came from the north for the interview lasted from 3.15 p.m. to 4.40 p.m.) in order to allow purpose and to the Deputies MM. Blakime and Talle who the Commission to visit the Massif Cabrais. It was therefore went to the north to investigate for themselves. upset when it saw the opposition follow it to be heard. The The oral hearing to the representatives of Juvento and the members of the Commission expressed regret if a misunder­ CUT was held on 27 June 1957. They claimed that before standing had resulted, but in stating that it wished to complete the Commission's arrival the commandant de cercle had its programme for the day with a visit to the Massif, it in threatened reprisals against the nationalists who refused to no way implied that it would not finish the hearings granted take part in the manifestations organized by the local authori­ that afternoon. By the time this explanation was made, ties. They added that they had refused to be intimidated however, night had fallen and the trip to the Cabrais was and had continued to make known their point of view : postponed until the next day when it was visited en route to the integral independence (independance integra/e). After the subdivision of Niamtougou. Commission left, the petitioners claimed that on 22 June On 18 June 1957, before setting out for Niamtougou, the 1957, in the afternoon, the local authorities succeeded to Commission met with the conseil de circonscription. Most massacre in the middle of the market-place at Piya-Haut, of the meeting was devoted to a discussion of the supple­ the peaceful population. They said that they were unable mentary budget for 1957, which was to cover family allow­ to go to the spot to verify the number of victims, but from ances, school improvement, official correspondence, funds for "reliable sources" they had learned there were more than the new cultural centre, and building maintenance. The sixty, women and children included. At the request of the question again rose, however, concerning the local reaction to Commission they confirmed their reports in a written commu­ new elections for the Legislative Assembly, and the members nication. of the Consei/ again reiterated their sentiment that too many On 27 June 1957, the Commission also received a tele­ elections created disturbances and when the terms of office gram from Mr. Augustine de Souza, General Chairman of would expire, that would be time enough for re-electing the the Comite de l' Unite togolaise, calling the attention of the Legislative Assembly. Commission to the " bloody events occurring in Mango on In Niamtougou, the Commission was received by Birregah 20 June and in Lama-Kara on 22 June". He stated that at Babake, Paramount Chief of the Lossos, and by the Deputies Lama-Kara police had opened fire on his followers un?er representing Niamtougou. The Chief said the population the pretext of legitimate defence against a demonstratmg wanted to advance politically, economically and socially, with mob. Several members of the nationalists' parties were the able and benevolent help of France and France alone. arrested and jailed. He asked that since the future of Togoland depended, in a On the morning of 28 June 1957, the Commission granted certain measure, on the Commission, that he be permitted a hearing to the two Deputies representing the Cabrais to say that everything the Lossos had they owed to France, people : MM. Blakime and Talle, who stated tha~ as ~oon that the Statute had been freely discussed and not simply as they had heard of the incidents they went north to mvestJgate granted, that the United Nations not permit an insignificant for themselves. They attributed the incident to local leaders minority to block the will of the majority, but to terminate of the opposition parties who, they claimed, had attempted the Trusteeship Agreement which no longer had a raison to organize an insurrection against the local Government d'etre. This, he concluded, might well be his last expressed authorities. desire before returning forever into the great silence of God. These views were in general reflected in the other addresses. The report requested from the Prime Minister reached the Commission on 20 June 1957, the last day of the Commission's In the afternoon, the Commission divided into two groups stay in the Territory. In a letter of that date, the Prime again in order to complete the hearings granted before return­ Minister transmitted copies of the reports submitted by the ing to Lama-Kara. Three members met with the Paramount Minister of State for Home Affairs on the events of Mango Chief of the Lossos who stated emphatically that the referen­ and Lama-Kara.6 dum of 28 October was the last that would be held, hence­ forth Togolanders would remain under the protection of France. He stated that he spoke for his entire population; • The report by the Minister of State reads as follows : if an outsider wanted to say something, let him return to I have the honour to report to you on the events which took place his home to say it. Representatives of the Bloc republicain at Hodo, in the Lama-Kara area, on the evening of 22 June 1957. togolais, appearing with the Paramount Chief, objected that On 22 June, towards 1 p.m., the Circle Commander of Lama­ the entire Commission did not hear them. Kara was warned by a government lorry coming back from Sahoude that a score of persons armed with sticks and native knives were The other group of the Commission granted a hearing in making their way towards the markets adjoining Hodo and Tchare­ adjoining quarters to Dr. A. Franklin and three other rep~e­ Bas. He immediately ordered the gendarmerie commander a~d sentatives of the CUT and Juvento, who requested the mam­ the adjutant of the platoon of the local militia to accompany h1m tenance of the Trusteeship Agreement until Togoland under while he went to investigate the situation on the spot. French administration should attain independence and the When he arrived, there were only a few people in the Hodo market, dissolution of the present Legislative Assembly and free but the Tchare-Bas market was full of activity. Many of those elections under the supervision of the United Nations. present were armed, and a certain liveliness was apparent. The 70- The Commission decided to transmit this report as well Kara.7 The Commission decided to transmit this commu­ as the other communications received on the incident to the nication to the Secretary-General for appropriate action under Secretary-General for appropriate action under the rules of the rules of procedure of the Trusteeship Council. procedure of the Trusteeship Council. On 17 July 1957 the Commission received a further commu­ 9. THE cercfe OF MANGO nication, dated in Lome 9 July 1957, from M. Augustino The cercle of Mango lies to the north of those of Bassari de Souza, General Chairman of the CUT, which contained and Lama-Kara. Its headquarters are at Sansanne-Mango, additional information on the incidents of Mango and Lama- just north of the Oti River. Administratively, it is divided into the subdivisions of Kande and Mango. The population Circle Commander then decided to collect the arms, and after of the Kande subdivision (31,736) consists mainly of Lambas urging the crowd to remain calm, secured some fifty sticks, cudgels and Tambermas, while the Mango subdivision (40,186) has or clubs. There was no incident. At 3 p.m., the Circle Commander two main tribal groups, the Tchokossis and the Gangans, went to Hodo where there were still only very few people; he again the latter traditionally owing allegiance to the former. urged everyone to keep calm, then went back to Lama-Kara, leaving on the spot the gendarme and his two assistants, the adjutant The cercle of Mango was visited by three members of the of the local militia, eight militiamen and two cars to keep an eye Commission on 19 and 20 June 1957. Early in the morning, on the two markets. they arrived at Kande where they were greeted by Mr. Nicolas At 4.30 p.m. the Chief of the Subdivision of the Lama-Kara was Kourfangah, Deputy for Kande, Mr. Philippe Arcgba, warned that the situation was getting worse and that a man named Vice-Chairman of the conseil de circonscription, and repre­ Bouyo Mogbe, for whose arrest a warrant on a charge of contumacy sentatives of the Jeunesse du Nord-Togo. had been issued on 28 May 1957 by the Sokode magistrate, but who could not then be found, had been arrested. The Deputy stated that the only desire of the population was to live in the Franco-Togoland community until the The Chief of the Subdivision ordered the auxiliary police and the militiamen who had found Bouyo to return to Hodo. attainment of their entire independence at a later date. The Vice-Chairman of the conseil de circonscription, replacing At 5.10 p.m. the Circle Commander was warned that the gen­ darme and his squad were surrounded and being threatened by the the Acting Chairman, stated that the consei/ was a wen­ crowd in the market at Hodo. He then gathered together all the balanced organ representing the customary traditions of the available militia, his deputy, the Chief of the Subdivision, Mr. Gio­ country as well as its educated youth. The entire subdivision vanelli, and set out for Hodo in Mr. Giovanelli's pick-up. On the of Kande had voted in favour of the Statute on 28 October way, he met a local government lorry in which were two militiamen 1956. The people were content with their new local and and ordered it to follow him. national institutions of autonomy. The representatives of The Circle Commander and his party arrived at 5.30 p.m. at Hodo, the Jeunesse du Nord-Togo also supported internal autonomy where he ran into a barricade of big stones placed across the road. and the Statute. Taking advantage of the crowd's hesitation when the cars arrived, the gendarmes and militiamen got clear and joined the reinforce­ At a meeting held with the conseil de circonscription, the ments. traditional Chiefs, members of the body, stated that they It seems that the original aim of this meeting of hotheads was to wanted to remain with the French with whose Army some go and kill the Tehan; cantonal chief (chef de canton), who had on of their men were serving, that they had faith in their repre­ several occasions prevented the Hodo people from provoking sentatives, that there was no opposition party in the area, disorders in his market. The barricade was stormed by the militia, who succeeded in The Circle Commander then summoned the crowd three times, freeing the first vehicle, whilst a crowd of about two hundred people according to regulations, to disperse. Their response was angry shouted and blocked the road 80 yards further on at the other end yells. The order was given to the militia to advance and clear the of the market. The crowd had set up two barricades round the road. Stones began to fly immediately. The militia cleared a second vehicle. On either side of the road, under the trees in the way as far as the barricade blocking the second car, but it was im­ market place, a large crowd of from two to three hundred people possible to clear this under the hail of big stones falling all around. was sitting on the stones which every trader brings to the market The militia, even when reinforced by the supporters of the Superior to sit on, watching the scene. Chief, were too few in number to clear the market place and could Leaving the militia standing at ease, the Circle Commander then not get beyond the edges of the road. walked some thirty yards towards the crowd, accompanied by the In a very short time, a good many of the police party had been adjutant of the militia and his deputy, Mr. Abidjanga Telou. The more or less seriously injured by stones or arrows, one of which hit Circle Commander was in uniform and the people understood the Circle Commander, who then gave the order to load the rifles perfectly well what his duties were. and in a loud voice gave warning that the police were going to fire. The Circle Commander then spoke to the crowd and urged them It was at this moment that the Chief of the Subdivision, Mr. Remy, to go home quietly, but his words were of no avail, for as soon as was struck on the head by a big stone and collapsed, bleeding pro­ those in front quietened down, words of encouragement were fusely. The order was given to fire. passed round behind and cries and whistles spurred on the hotheads The ensuing few moments' hesitation allowed Mr. Remy to be to keep going. As soon as the Circle Commander stopped speaking, taken away, and then the stones began to fly more thickly than ever. hostile shouts arose from all sides, and many of the demonstrators It was a very dark night, and only in the flashes from a distant raised their arms threateningly. This situation lasted for more storm could the attackers be seen, less than 15 yards away and than an hour and a half, and the only result was that a few persons carrying enormous stones, bows, and even trade guns. The police who had lost interest went away. had only five rounds per man, so as the ammunition was nearly Meanwhile, the Superior Chief arrived with some thirty supporters exhausted, the Circle Commander gave the order to withdraw. and took over from the Circle Commander, but without any better The party rapidly crossed the market place and got back to their success. car, out of range of the stones of their attackers, who made no It was then quite clear that the intention was to create an incident attempt to pursue them. for, meanwhile, in the market place, people were making piles of According to the latest information received, ten rioters were stones and surrounding the party, only leaving open the very narrow killed and about ten wounded. road which crossed the market place behind it. The Court of Inquiry is now sitting. Night had now fallen. The Circle Commander approached the demonstrators again, warning them for the last time that his duty I have the honour to be, etc. Was to maintain order, that such demonstrations or acts of violence (Sgd.) Mama FousSENI Were forbidden, and that they should go home immediately. The 7 The full text of this communication is being circulated as docu­ only reply he received was more and more shouts and threats. ment T/COM.7/L.51. -71- that the Territorial Assembly had legally ceased to exist The Paramount Chief entered into a conversation with and had been replaced by a Legislative Assembly whose members of the Commission. He attributed the troubles composition coincided with that of the early body but which to old disputes between the two factions, which had been should be allowed to finish its term of office, even as article 40 brought to the attention of the 1952 Visiting Mission. of the Statute replied to the conditions of article 6 and that The Chief had, in the face of past provocation, accepted they wanted no new elections for a while, as these only the advice of the commandant de cercle to be patient, but if the troubled the people who must attend to their farms. opposition persisted in giving trouble, he would have to The Commission arrived at Mango around five o'clock retaliate and that would do a great deal of damage. in the afternoon. Fortunately, the rainy season had not The commandant de cercle then called on the Chief to advanced to a point to render the bridge impassable over the return home and keep his followers around him and calm Oti River and thus the entrance to Sansanne-Mango was them, which the Chief agreed to. facilitated. The Commission was greeted in an impressive ceremony, which included the discharge of many Dane guns, The Chairman of the Commission expressed the view that by the Paramount Chief El-Hadj Nambiema Tabi and by the Chief was acting wisely in doing so, and expressed regret Mr. Sam Nambiema, Deputy for Mango. Both statements that the Commission would have to take leave under such were in support of the administration and government in power. unhappy circumstances. Before completing its day's programme, the Commission Back in Lome, the Commission requested from the Prime was received at a rally organized by the CUT, whose leaders Minister a full report on the incident. It was received on declared that they would state their views at a hearing the 29 June 1957, the last day of the Commission's stay in the following day. territory. 8 The Commission decided to transmit the commu- The following morning, the Commission first met with the conseil de circonscription and then heard representatives of the UCPN, the Bloc republicain togolais, the PTP and finally 'The full text of the report reads as follows: the CUT. I have the honour to report to you on the events which took place The members of the conseil de circonscription declared that in Mango on 20 June 1957. party politics must take the general welfare of the country On 20 June, the United Nations Visiting Mission, which was at into consideration. The party in power had invited the that time at Mango, received delegations from the various political opposition to participate in the Ministry and its represen­ parties, the last of which was from the Togoland Unity Party, led by the Sangbana district chief (chef de quartier). The audience tatives had refused. lasted from 11.40 a.m. to about noon. The delegation left imme­ The Government could not coerce it, therefore, to do other­ diately, taking the Little Zongo road. wise. As for elections, if they do not win at the polls, the At the request of the mission, the Circle Commander arranged Government party could not add to their votes just to satisfy for a rapid tour of the town. The party stopped for a few minutes the members of the opposition. The names of opposition at the market where Mr. King made some small purchases. Every­ candidates had appeared on the lists as well as others. In thing was absolutely quiet. brief, they were not trying to take away from the opposition In the middle of lunch, which was served at the Residency, some parties what was rightfully theirs, on the other hand they messengers from the Djabou and Sangbana districts came to tell did not want the opposition to transgress on their rights. the Circle Commander that a violent brawl had just broken out in the market. The Circle Commander thereupon notified the gen­ The programme presented by the local branches of political darmerie and made sure that it had gone to investigate. parties which were granted hearings did not differ from those I arrived myself from Dapango some minutes after 2.30 p.m. presented in earlier cercles. and a few moments after the departure of the Mission. I imme­ Thus, the Commission carried out its programme of audi­ diately took charge of the inquiry. ences in the morning in the greatest calm. The CUT delega­ I then learned that there had been a rather strained atmosphere at tion asked to be heard in the market, rather that in the council Mango since the recent acquittal and conviction with suspended room, but the Commission asked them to come. Before they sentence respectively of two members of the Togoland Unity Party came, the other delegation of the Bloc republicain togo1ais at Mango, which events had been variously interpreted by the marched off with its flag, banners and drums in quite an different political parties. Some days before, a small number of orderly manner. Then the CUT delegation- quite a large Tchokossis residing in Naloui (Ghana) had arrived in the Sangbana one (about a hundred) - arrived and fifteen or so sat with district carrying trade guns. the Commission for about half-an-hour. They marched On 20 June the following events occurred. home singing a local song in good order. After the audiences, a group of young people from the Djabou districts, with a tom-tom, escorted the Chief of the Fomboro dis­ After the hearings, the Commission was shown around the trict back to his home, taking the usual route through the Sangbana town by car. It passed once or twice a procession of govern­ district. When they returned, a quarrel broke out between some ment supporters headed by a flag and with drums, some fifty men of this group and some others in the district and blows were to a hundred people apparently in good order, but going exchanged. around the town. Everything was absolutely quiet. A very short time afterwards, a sharper encounter broke out in The Commission sat down to lunch with the commandant the market, in front of the cultural centre buildings, between a group of young people from Djabou and the group which was returning de cercle, the Paramount Chief, the local Deputy, the Chairman after the audience to the Sangbana, after calling at the cittle Zongo. of the conseil de circonscription also being present. Suddenly, Two shots went off, mortally wounding a man named Manakou some shouts were heard outside from supporters of the Chief, Kankarafo and injuring four other persons; two others were injured telling him that his people had been fired on while going by blows from sticks or knives. through the quartier inhabited by the opposition parti­ The police were quickly on the spot and order was restored. On sans. The commandant de cercle sent a gendarme to inquire my instructions, an inquiry was opened immediately by the gen­ into the situation. He returned in about fifteen minutes darmerie. with a number of people, of whom two were seriously and two The Sokode magistrate carried out inquiries on the spot on the were less seriously wounded. At that time, the commandant afternoon of 21 June, but as he has not yet announced the result de cercle believed that no one was killed, but it subsequently of his inquiry, the issue must not be prejudged. appeared that there had been one fatal casualty. All casualties I have the honour to be, etc. appeared to be among pro-government supporters. (Signed) Mama FoussiNI -72 nication received in this connexion to the Secretary-General the young chief of Bombouaka, also deputy for Dapango, for appropriate action under the rules of procedure of the claiming that everybody had a right to address the Commis­ Trusteeship Council. sion, while a rival chief held that only the Paramount Chief should speak on behalf of the group. The Paramount Chief of the Mobas expressed the opinion that as the people of 10. THE cerc/e OF DAPANGO Dapango had elected deputies to speak for them, they them­ selves should not come before the Commission to express The cercle of Dapango lies in the extreme north of Togo land their views. under French administration. Its population of 127,404 is The members of the Commission then received represen­ comprised mainly of B'Mobas (Mobas) in the west and of tatives of the Dapango CUT committee, whose Chairman is Gourmas in the east. the Chief of the canton of Korbongou. The delegation inclu­ On the afternoon of 19 June 1957, three members of the ded four traditional Chiefs. The spokesman stated that there Commission arrived at Dapango and proceeded to the oral was no freedom of expression in Dapango. He also informed hearings. They first interviewed the three deputies from the the Commission that his committee had held two meetings cercle, Mr. Mateyendou, Mr. Yebli and Mr. Atouga, all during the preceding month at Korbongou, without any belonging to the UCPN. They said the difference between disturbance; they had not yet asked for a meeting of all the their party and the PTP was one of geography and leadership. members of his party. The two parties were allied and pursued the same objectives. Finally, the members of the Commission received a delega­ Though the UCPN was supported by almost the whole tion of Chiefs of canton, members of the conseil de circonscrip­ population of the north, no one would prevent the organiza­ tion, whose spokesman was the Chief of Kantindi. They tion of new political parties there. favoured the continuance in office of the present Legislative The members of the Commission then met with the mem­ Assembly to the end of its term, and also desired the con­ bers of the conseil de circonscription, whose President was the tinuance of the help of France. When asked whether they Paramount Chief of the Gourmas. It was not a working desired the continuance of the trusteeship, they replied in the meeting of the conseil, as there was insufficient business affirmative; they thought it desirable that the United Nations on the agenda to warrant one. During the meeting, there should come and see when something did not go well. was a somewhat heated discussion, apparently arising out of On 20 June 1957 the group returned to Lama-Kara after a dispute over the chiefdom of the canton of Korbongou, paying a visit to the veterinary and agricultural centres.

ANNEX IT

Text of certain statements, memoranda and other documents

A. ADDRESS DELIVERED BY MR. GRUNITZKY, PRIME MINISTER, Pursuant to a resolution of the Legislative Assembly, my AT A RALLY ORGANIZED AT THE STADIUM OF LOME ON Government also transmitted a memorandum to the United 31 MAY 1957 Nations concerning the question of trusteeship and its termi­ nation. Mr. Chairman, As you know, for twelve days the Trusteeship Council Gentlemen, debated the future of Togoland, and even then was unable to make up its mind in a way satisfactory to us. In welcoming you to Togoland I would like to tell you that You will forgive me if I confess to you that at times certain your visit makes me very happy, for two reasons. representatives gave me the impression of impugning our As Head of Government I greatly appreciate the decisions good faith. of the Trusteeship Council and the General Assembly of the In the end, of course, we recognized the sincerity of those United Nations to accept the invitation, conveyed by representatives; all they wanted was to obtain better par­ Mr. Apedo-Amah, the Togolese representative, on behalf ticulars before giving a considered opinion. of the Autonomous Republic of Togoland, to send a mission to examine at first hand the conditions under which the We should have preferred the de jure termination of trustee­ Statute of the Autonomous Republic is being applied. ship to coincide with the entry into force of our country's autonomy. Since events happened differently, I think it As a Togolander I am happy that you should have this is not a bad thing that you should have come to observe the opportunity to become acquainted with my country and to situation at first hand. sample Togolese hospitality. You will be able to see for yourselves the results that we have achieved in the space of a In the course of your mission you will be able to appreciate few years, and surely no one in this country can have cause the soundness and realism of our policy. for complaint. You will recall that the question of Togoland was first I have had occasion, together with my principal collabora­ raised in the United Nations in 1947, at the second session of tors and political friends, to tell the Trusteeship Council and the Trusteeship Council. the General Assembly of the United Nations more than once That was in the immediate' post-war period, when indepen­ about Togoland's aspirations. As recently as last January I dence movements were springing up everywhere. Like many addressed those bodies. other dependent peoples, the Togolanders were beginning As you know, immediately after our accession to autonomy, to wonder about their future while France, Great Britain and the Government requested France to arrange for the abroga­ the United Nations similarly studied their problems and were tion of the Trusteeship Agreement of 1946 relating to Togo­ working out ways of promoting their political, economic and land. social advancement. -73- At first it was generally believed that their wishes could groups in the National Assembly, the Council of the Republic be satisfied by a restoration of the former German Togoland and the Assembly of the French Union. and the adoption of their unitary policy. This committee undertook the task of elaborating proposals Chronologically, the first unification movement was that consistent simultaneously with the hopes of the overwhelming of the Ewe tribe. It had its hour and succeeded in arousing majority of Togolanders, with the provisions of the United feeling. But once the excitement had abated, the tribal Nations Charter and Trusteeship Agreement and with France's problem appeared in its true light: it was a chimerical problem legitimate desire to retain its influence in this part of Africa that defied rational settlement. where it had succeeded in winning the confidence and friend­ Its importance dwindled to the extent that the United ship of the indigenous population. Nations General Assembly deleted it from the agenda of its For a start, the committee secured the passage of the Act eighth session. of 16 April 1955, which was amply discussed in the United Attention was then turned to the territorial aspect of Nations at the time but which is worth recalling because unification; the partition of the German colony did not it was the general elections held under the Act which produced appear irremediable and there was talk of re-establishing the last Territorial Assembly - the Assembly upheld by the the former Greater Togoland. Statute of 30 August 1956 and now transformed into the Legislative Assembly. But it soon became clear that the two sides had different conceptions of unification. Widely divergent policies advo­ At home, in the meantime, many of our supporters and cated the same formula. Some wished to achieve unification the majority of the population were becoming aware of the under British auspices, others under French auspices. anti-patriotic and dangerous course on which the opposition had deliberately embarked. Even at that time it was realized that in all probability unification would rapidly lead to the absorption of British Many Togolanders became concerned and our sympathizers Togoland by French Togoland, which has twice the popula­ begged us to take action. lation and is equally prosperous. The pro-British parties The Executive Committee of the Parti togolais du progres, undertook to oppose that trend and succeeded in checking our party, thought that the time had come to call a congress it to a certain extent. to take stock and map out a course of action to meet the new Not content with limiting the scope of the movement, situation. however, they felt obliged to discredit the supporters of The Congress was held at Lome; it was attended by repre­ unification. sentatives of the Union des chefs et des populations du Nord. What better means of relieving this than to elicit statements Before adjourning, on 22 June 1955, the Congress adopted from the Governments of the Gold Coast and the United a motion affirming its two-fold determination to preserve Kingdom concerning the creation, in a near future, of the the individuality of the territory and to promote its continued independent State of Ghana! evolution in close association with France. It also outlined That shrewd move gave the coup-de-grace to the Greater the principles which were to govern Togoland's autonomous Togoland policy. As a result, unification was a closed chapter status within the French political system. in Africa and the issue was no longer one of union or unity Shortly after, the Union des chefs et des populations du between the two Togolands but of their integration within Nord adopted a programme coinciding with ours in every the Gold Coast. respect. One of its leaders informed us of his desire to record In short, we had wasted several years in fruitless discussion formally his party's support of our policy, and we decided which culiminated in a deadlock. A cherished dream evapo­ to submit the motion of 22 June jointly to the Territorial rated! Presumably, we had been wrong in our hopes, for Assembly. Togoland was a creature of colonialism. The Assembly adopted it unanimously on 4 July 1955. The Let us face the fact : under the influence of the two trustee Assembly's motion defined the policy which the Togolese nations, the two Togolands had become very different. members of Parliament were to defend in Paris. British Togoland was increasingly drawn towards the Gold Faithful to their pledge, the elected representatives of Coast and eventually drifted away from us. Actually, it Togoland combined their efforts towards the accomplish­ was indifferent to unification, a fact which we had grasped ment of the purposes of the motion. They played an out­ long before. standing part in the elaboration of our constitutional Statute and throughout the proceedings the working committee, the By 1954 we had become convinced that we need have no Minister for Overseas France and the French Government further illusions as to the possibility of achieving unification substantially heeded their proposals. on terms which we could accept. Since the Trusteeship System was no longer adequate to While unsuccessfully pursuing our national ideal of a unified the needs of the times, we desired its termination. But at Togoland- the restoration of Greater Togoland- we the same time we felt it was possible to establish a new relation­ strove, energetically and effectively, for the evolution of ship with France, based on partnership; the days of dependence Togoland both internally and on the basis of relations with and supervision are over and autonomy and community of France, the tutelary Power. ideas and interests prevail. We wished to see our country through a decisive phase Forty years of separation had detached us from British of its evolution, while directing its destiny towards objectives Togoland, while almost forty years of living side by side have consistent with its will. generated affinities between Togolese and French. In France we intended to act at the parliamentary level, It is not without bitterness, I must confess, that we notice and in Africa, at the political level. how little understanding the human element of our policy At that time I was already Togoland Deputy to the National sometimes meets abroad. Is it to be said that human senti­ Assembly, and it was in that capacity, and as a result of ments are an exclusive prerogative of French civilization? consultations with political colleagues and friends, that I After all, it is hard to be insensitive to the unaccountable took the initiative, in the autumn of 1954, of organizing suspicions with which we are regarded by some - as if we in Paris a working committee composed of the Togolese Togolanders were not the persons primarily concerned with members of Parliament and the leaders of numerous political the advancement and emancipation of our country and as -74- if it were not precisely our policy which has made Togoland Interdependence enables us sometimes to resort to the what it is and enabled it to achieve autonomy. good offices of French organs, and we have done so wherever Although you will be familiar with the Statute from the we have found it advantageous. text and will have an opportunity to study its application For even in internal matters, there are certain questions in at leisure during your visit, I shall try to summarize it briefly respect of which a transfer of authority could not be effected now so that you may see it through our eyes. without detriment to our economy and to our finances. For us, the Statute of 30 August is the concrete embodi­ Moreover, our educated elite is still far too small in numbers ment of an idea. It conjures up the machinery of the State, to deal with all these problems concurrently. the structure of the institutions which are the basis of auto­ This is the reason why we have deemed it advantageous, nomy and which lends the Republic a visible and tangible for the time being, to leave to the central organs of the French quality. Republic the responsibility of legislation in certain complex The structure comprises a Legislative Assembly elected by matters which can only be dealt with on a large scale. universal suffrage, which makes the laws and whose laws are For practical reasons, we have also considered it advisable binding with the sole proviso that they must not conflict with in some cases to entrust to French services the application the Statute itself, the principles of the Universal Declaration of laws of a very technical character. Our intention to reserve of Human Rights and ,international treaties and agreements. our rights in this respect is, however, recorded in the Sta­ The structure also comprises a Government, consisting tute. of a Prime Minister and a Council of Ministers, the motive Interdependence enables the Autonomous Republic to organ of our political life. avoid a transition crisis. It ensures its autonomy and provides Juridically, the Cabinet is not collectively responsible to it with the means to sustain that autonomy. It enables the the ~ssembly, but in practice it is, since the adoption of a Republic to maintain the level of its cultural and economic motwn of censure of the Prime Minister by the Legislative exchanges with France. Assembly has the effect of removing all the Ministers from The autonomous Republic has been set up on a realistic office. basis for the benefit of men. The independence of the judici­ The Prime Minister, in the Council of Ministers, or more ary is assured. The Togoland institutions satisfy both the fr~quently in Cabinet, lays down the general policy under­ individual and society. Fundamental freedoms are guaranteed lymg Government action. Likewise, he allocates to each of and respected. The Opposition press provides the best the Ministers the public services he is to direct and for which evidence of this. The Government is constantly attacked he is to be responsible; he organizes the public services of the in that press, but it has not seized a single issue of a news­ Autonomous Republic, defines their jurisdiction, and regulates paper. the exercise of public office. Ladies and gentlemen, Each of the Ministers, assisted by his office (cabinet), The Statute is devoid of the rigidity which usually marks prepares his decisions, and has administrative services at his constitutional texts. It does not provide for static indepen­ disposal for the purpose of translating those decisions into dence. It is capable of evolution. We had evidence of its regulations and administrative orders and of seeing to it flexibility when it was amended on 22 March 1957. We are that they are carried out. certain that it will not disappoint our hopes. We are not The services in question are the following : Finance Inte­ contemplating an isolated independence so long as world rior, National Education, Economic Affairs, Inve~tment conditions remain what they are. Plan, Meteorological Service, Agriculture, Animal Husbandry, You are now witnessing the shaping of the main features of Waters and Forests, Personnel, General Administration our political institutions. Y au can see the extent of our Legislative Adviser, Financial Adviser, Public Health Direct autonomy. You want to know our plans for the coming T.axes, Mines, Railways, Public Works, Wharf, Postal Ser­ years. VIces and Telecommunications, Grading (conditionnement) of Export Products, Statistical Service, Lighthouse, Revenue Our programme is already set out for us. Stamps and Public Property (domaines), Registration, Man­ We shall supplement or adapt our laws in accordance with power, Land Registration, Para-Military Forces, and garde our needs; in brief, we shall enact suitable legislation. Togo­ togolaise. All these are Togoland services. land laws will replace French laws and regulations, not .In theory, the Togoland Government has joint authority merely to affirm our competence but chiefly in order to make With the High Commissioner over the personnel and services greater allowance for the realities of Togoland. The draft responsible for the general co-ordination of local administra­ law on municipal organization submitted to the Legislative tion. In fact, these mixed services are, to the extent of nine­ Assembly is an excellent example of this process. tenths of their activity, entirely under the authority of the We are also very much concerned with filling effectively Prime Minister and Government of Togoland. with Togolanders all posts in the public administration, not The following French services are available to the Togo­ only those in the Togoland services but, as agreed, an in­ land Ministers : Treasury, Public Security (surete), Inspecto­ creasingly large share of the posts in the French services. rate of ~abour and of Social Laws, Gendarmerie, Civil For this purpose, we have organized a Labour Institute. Aeronautics and Aeronautical Infrastructure. We shall also organize centres of more advanced training. It is planned to make arrangements soon for vocational But all this requires time and we are something obliged to training and to make a beginning with higher education. A wait for the return of young Togo landers who are now study­ domestic aeronautic infrastructure is also under study. These ing or attending training courses in France. new services will, of course, be Togoland services. A greater measure of success could be ensured if the Oppo­ You may say that all this is excellent, but some French sition would agree to resume its place among us. s~rvices still remain. The central organs of the French Repub­ This return constitutes one of our chief concerns. The lic remain competent in certain matters. Republic of Togoland is not the business of one single party This is indeed the case. We have not tried to achieve an only: it is the business of the !entire nation of Togoland, a isolated independence. Our autonomy is so planned as to nation which should participate, irrespective of political allow for our relationship of interdependence with France. opinion, in its development and progress. -75- The Opposition should abandon its attitude of sulkiness In the face of such readily understandable scepticism, towards the new institutions. Our policy, which is in agree­ your Government considered it advisable to invite a United ment with the aspirations of the majority, has been twice Nations delegation to come and see for themselves how the vindicated, first in 1955 and again in 1956. The missions and Statute was being applied, and how its provisions were being inspection tours carried out by members of the Government put into effect. in recent months and the two Congresses held at Lome and For a dependent country, gentlemen, there are two ways Kande on 12 and 19 May 1957 have clearly demonstrated to win its independence: the one, brutal, bloody, destructive; that we maintain our following and that the vast majority the other, peaceful, based on patient negotiation in an atmos­ of the population supports our policy. , phere of good will and mutual understanding. We preferred It is therefore anti-democratic for the Opposition to the latter. And no one can blame us for that. continue to insist on unacceptable conditions. Instead of My esteemed colleagues, as I told you nine months ago, seeking outside support, it should consent to become part our constitutional Statute was not the product of spontaneous of the political and administrative machinery which we have generation nor was it granted to us by anybody. I emphasized set up. In fact, it would now form part of this machinery, last August, at the time the report was presented, the various if, in the past, it had participated effectively in the efforts for stages which marked the conception, gestation and birth the emancipation of our country. It is not the Opposition of the Statute. which has brought about the establishment of the new regime, Need I recall that as early as June 1951, at a time when it is we and we alone who have shouldered the heavy but also Mr. Grunitzky was calling for his compatriots' confidence proud responsibility of instituting the Republic of Togoland, on the occasion of the legislative elections, he was advocating of which you behold the outward signs and evidence on all in his programme the establishment of a Legislative Assembly, sides. a local Executive and, if I may be permitted this neologism, The free exercise of political rights will never be obstructed, the "Togolization" of the administrative staff. and the Opposition will be free, if it so desires, to participate In December of that same year, I re-submitted, perhaps even in the municipal elections to be held after the legislation more forcibly, the same programme on behalf of the Parti relating to municipalities has been discussed, adopted and togolais du progres before the Fourth Committee during promulgated. The Opposition must, however, cease its the sixth session of the United Nations. systematic policy of obstruction; it must also discontinue its policy of hatred and threats. No democratic State can Togoland needed a sovereign Legislative Assembly, an tolerate disorder and violence. While my duty as Chief of Executive which would be responsible to it and, on the admi­ State requires me to call upon my political opponents to nistrative level, the establishment of our own civil service. participate in the activities of the Republic, if necessary by A reform of this sort seemed to us more advantageous than carrying on a constructive opposition, I have also the duty an isolated Utopian independence. to ensure the maintenance of order and the absolute respect To attain this objective, we had to accept and endure the of our institutions. misunderstanding, suspicions, insults and hatred of a group I have concluded. You are acquainted with our machinery of our own countrymen and, it must be admitted, of the French of Government. You know our feelings concerning the colonial administration itself. However, sustained by their Statute and you can see how we propose to put it into effect. ardent faith in their country's destiny, the members of your Assembly did not lose heart. The Togolanders expressed themselves in favour of the present system on 28 October 1956 by a referendum, the My esteemed colleagues, during the autumn of 1955, at impartiality and validity of which you have recognized .... the instance of Mr. Grunitzky, Deputy of Togoland in the French National Assembly, a working group was set up in Paris, in which the Togoland legislators and a number of B. SPEECH BY MR. AJAVON, PRESIDENT OF THE LEGISLATIVE leaders of the French political groups of the National Assembly, ASSEMBLY, AT THE MEETING OF THE ASSEMBLY ON 6 JUNE the Council of the Republic and the Assembly of the French 1957 Union participated. The aim of this Committee was to consider and set on foot My dear colleagues, institutional reforms enabling Togoland to make a great step forward politically. Allow me to welcome on your behalf the first international guests whom the Government of the Republic has invited, The result of this Committee's work appeared in the text and who are with us today. which the French Government presented for adoption by Parliament and which is known today as the Act of 16 April Honourable Members of the United Nations Commission, 1955. That Act, as you know, established a Government Council The Assembly is proud to have you present at this second in Togoland and considerably broadened the powers of the meeting of the second regular session of the year. It is fully Territorial Assembly. cognizant of the scope of your visit and aware of its import. Soon after the promulgation of that Act, the Territorial Assembly was prematurely dissolved in order to allow new My dear colleagues, consultations to be held concerning the basis for a greatly You are well aware, naturally, of the reason for their expanded electoral college. It is these consultations, gentle­ visit. During the twelfth session of the United Nations men, that have brought us into the present assembly. General Assembly, the French Government at your behest On 22 June 1955, the Parti togolais du progres, considering presented to the Fourth Committee a statement of the reasons that the time had arrived to take the final step which would which led it to request termination of the international bring us internal independence, convened an important Con­ Trusteeship System applied to our country. gress in which the representatives of the Union des chefs et des The Statute presented to the members of the Fourth Com­ populations du Nord took part. mittee was of such a revolutionary nature that it was hard The Congress, after a clear statement of the guiding prin­ to believe, with the best will in the world, that its provisions ciples of the Party's policy, unanimously adopted a mot~on were really put into effect. asking the French Government to study a statute allowmg -76- Togoland to have complete control over its domestic affairs, These are two countries which are very close to one another guaranteeing its territorial, administrative, financial and poli­ in their evolution and social structure, and which have tical integrity, and having as its eventual objective, with due almost simultaneously attained full political maturity, though regard to the International Trusteeship Agreement, the by two different routes. tennination of the trusteeship, after consultation with the We first note that, according to the documents establishing population. them, Ghana is a constitutional monarchy, Togoland an Later, on 4 July 1955, the Territorial Assembly endorsed autonomous republic. this motion and instructed its representatives to support it But whereas the Republic's frontiers are those of Togoland before the French Government and the proper international under French administration, Ghana includes the Gold authorities. Coast and the British part of Togoland. The Togoland representatives then entered into very close The proclamation of the Republic of Togoland thus safe­ negotiations with the Government of the French Republic, guards the identity and territorial integrity of our country, represented first by the Minister Mr. Teitgen and later by whereas the effect of establishing Ghana has been to link the Mr. Defferre, Minister for Overseas France. destiny of British Togoland to a country of which it forms These negotiations allowed the main outlines of the future only a minority element from the national point of view Statute of Togoland to be sketched out. and in which it cannot retain its personality nor regain the This text, as you know, was submitted to the Territorial unity it lost under the Trusteeship System. Assembly for study at its meeting of 14 August 1956. It is also interesting to note that in Ghana, as in Togoland, the laws are made by an assembly called the National Assem­ You yourselves have freely amended it, either by additions or deletions, but without ever losing sight of the higher bly in Ghana and the Legislative Assembly in Togoland. In both cases, the Assembly is elected by direct universal suffrage interests of our country or the essential goal to be attained. of the adults of both sexes. Moreover, Ghana, with its Your amendments, which you thought revolutionary at the 5 million inhabitants, has one deputy for each 48,000 inhabi­ time, were all, to our great astonishment, accepted by the French Government. tants, while in Togoland the ratio is one deputy for each 40,000 inhabitants. That is how the Statute was born which makes Togoland Lastly, in both Ghana and Togoland, the Assembly which a truly autonomous Republic. took part in drafting the constitution changed its name However, several months of experience revealed difficulties when the new regime was proclaimed, but continued to in applying some of its provisions. Further negotiations function. were undertaken on these points between your Prime Minister To conclude the topic of legislation, it will be noted that and President on the one hand and the French Government on in Togoland any legislative bill becomes law once it has been the other. These negotiations resulted, in virtue of article 38 sovereignly voted by the Assembly, while in Ghana a bill of the Statute, in the modifications which you adopted in the voted by the Assembly becomes law only after it has received form of a recommendation at our meeting of 13 February 1957. the Governor-General's sanction. Gentlemen, since it became a legislative body, our Assembly All these modifications are contained in Decree No. 57-359 has performed a considerable task. It has not only adapted of 22 March 1957. its rules of procedure to its new powers as a legislative assem­ Honourable Members of the international Commission, bly, but it has taken a very active and effective part in the the Republic of Togoland is today a concrete reality. organization of the various branches of government of the You saw this earlier when you were visiting the various Republic. The first Act voted by it dealt with the creation Ministries; you will understand it even more clearly as you of a Togoland flag, a national anthem and a national com­ realize the sovereignty of the Legislative Assembly and the memoration day. On the same date, 18 September 1956, it unquestionable fact that henceforth Togoland will really be adopted the Organic Act which fixes the respective powers governed and administered under the sole responsibility of the Assembly and the Government. Again in the political and absolute authority of the Prime Minister, who is in turn field, it voted at the end of 1956, and again on 28 March 1957, subject to the control of the Assembly. the postponement of the municipal elections. On the same date, it enacted penal provisions for the protection of the These fundamental facts are known to everyone today. Togoland flag. Hence it is understandable that the Legislative Assembly, conscious of its sovereignty, should refuse to accept, outside The most important achievements of the Assembly in the the spheres of currency, diplomacy and defence, any law political field were the adoption of the following texts : or decision, from whatever source, other than its own laws Motion of 2 November 1956 requesting the termination and decisions. of the Trusteeship System; The way we have travelled has been long, but it has allowed Resolution of 28 December 1956 requesting the Govern­ our own political experience to mature. Naturally, financial ment to send the United Nations an explanatory memorandum and economic difficulties still remain to be surmounted, but on the situation in Togoland; we are confident that our inter-dependence, based on perma­ The recommendation of 13 February 1957 calling for the nent collaboration and friendship with France, will enable amendment of the Statute. us to overcome them. I am genuinely convinced that you, Its action in the economic and financial field has been no our guests, Honourable members of the international Visiting less significant. The two Acts voted on 28 December 1956 Mission, will not fail to visit our country in that spirit of are worthy of mention in this connexion : the Act setting objectivity, understanding and friendship which is charac­ UJ? the public agency Credit du Togo, and the Act setting up teristic of the United Nations, and in so doing will encourage the Road Fund. By its resolution of 19 February 1957, the the prosperity and greatness of our country. Assembly voted the 1957-1958 credits for the Investment and Here, gentlemen, allow me to pause. For it seems to me Economic and Social Development Fund (Fonds d'investisse­ to be worth while to make a comparison, on the domestic ment et de developpement economique et social) : 647 million plane, of the Constitution of Ghana and the Statute of auto­ francs of commitment credits and 968 million francs of dis­ nomy for Togoland. bursement credits. It also authorized the Togoland Govern- 77-

6 ment to request from the French Government the sum of Stated thus, this principle would on first glance seem to 502 millions francs to cover deficits for past financial years, establish great differences between the rights of the authorities not to mention the authorization of various loans for the in Ghana and those of the Togoland authorities with regard support of agricultural prices. Lastly, on 28 March 1957, to judicial matters. the Assembly voted the Rural Co-operatives Act, organizing The Government of Ghana, however, has no more power agricultural co-operatives and mutual aid societies on a over the organization of the judicature than does the Togo land strictly Togoland basis. Government, since the supervision of the judiciary service During the present session, the Legislative Assembly will does not fall within the Ministry's competence. The Attorney­ be called upon to perform very important work. In particular, General, appointed by the Governor-General, is entrusted it will have to consider the draft budget for the financial with this function, and to transfer the administrative and year 1957, the bill on programmes and equipment and the directive functions vested in the Attorney-General to a Minister bill on the right of dissolution. Numerous texts have already of Ghana, the Constitution would have to be modified. been submitted by the Government, in particular the bill on It is true that the Government of Ghana has reserved the municipal organization, and these texts will be the subject right to take up again later, should the occasion arise, the of the Assembly's future work. question of setting up a Ministry of Justice, but may not the As regards the Executive, while the Prime Minister of Ghana same thing be said of Togoland, where the statutory provi­ can appoint and dismiss his Ministers, he is under a consti­ sions relating to justice are also susceptible of evolution? tutional obligation to cho.ose them from among the members In matters relating to the judicature, the only major inno­ of Parliament, and the Cabinet is collectively responsible to vation brought about by Ghana's accession to independence Parliament. In Togoland, the Prime Minister is entirely was the establishment of a Court of Appeal. The separation free to choose them within the Assembly or outside it. The of Ghana from the British colonies in Africa made its establish­ Ministers are responsible to him alone, but the adoption of a ment essential, and the size of the population also warranted motion of censure of the Prime Minister has the effect of it. removing all the Ministers from office. Owing to Togoland's internal autonomy a court of appeal Thus, in both cases, the executive power is exercised by will necessarily have to be set up at Lome. The matter is the Government under the effective direction of the Prime now being examined and will be settled shortly. Minister. However, just as the highest court in France is competent In any case, governmental organization appears to be more to hear appeals against decisions of Togoland courts, so the complex and less centralized in Ghana than in Togoland. In Ghana Court of Appeal may be overruled by the Privy Ghana the executive power is vested constitutionally in the Council of the metropolitan territory. Queen and, in her absence, in her representative, the Governor­ The functioning of the parquet calls for somewhat more General. The latter, who is also one of the two heads of attention, since the Constitution of Ghana provides that even Parliament, assents to laws and also ensures their due publi­ the Attorney-General's responsibilities are transferred to cation. a Minister, the Attorney-General himself retains the right The other prerogatives of the executive are in fact exercised to initiate or discontinue prosecutions. by the Prime Minister, who, jointly with his Cabinet, is respon­ In Togoland, the Procureur of the French Republic does sible for government policy before the National Assembly. not have as much power, for he is obliged to conform with However, matters relating to the career of civil servants and the request of the Prime Minister when the latter deems it the regulation of the public service do not fall within the advisable to initiate criminal prosecutions. Consequently Cabinet's competence; they are dealt with by a Public Service the Procureur cannot discontinue an action on his own Commission whose decisions are carried into effect by the responsibility. Governor-General. The Commissaire du Gouvernement togolais, a magistrate It should also be noted that the Constitution of Ghana who is appointed and removed by the Prime Minister, states contains many detailed provisions regarding problems of the point of view of Togoland law in the administrative tri­ organization which the Statute of Togoland does not touch bunals. upon; it relies on Togoland law or merely on regulations Lastly, there is customary law which is wholly a Togoland made by the Prime Minister to provide an adequate solution concern. to such problems. Thus it will be seen that the judiciary powers ofthe Togo land It may be that, in view of the country's lack of unity, its Government are no less extensive than those of the Govern­ strongly marked regionalism and the cumbersome procedure ment of Ghana. of constitutional revision, the Government of Ghana will, It is important to note this fact which shows that generalities with experience, come to the conclusion that the detailed and differences in terminology may give a wrong picture of nature of the text imposes serious limitations on the exercise the Statute of Togoland. of governmental authority. Togoland 's institutions are as liberal and democratic as More centralized, but also more flexible, the political those of Ghana. In the domestic field they invest the Togoland institutions of Togo land certainly allow the Togo land Govern­ authorities with the widest powers. They function in complete ment much greater freedom of action. independence, and no higher body is placed over them to In Togoland, the Prime Minister is vested with all the supervise their activity. governmental powers assigned by the Statute. He promul­ Nor is their authority limited to the lower echelons, for gates the laws and himself specifies by decree the extent of territorial organization falls exclusively within their compe· the powers conferred on him by the Legislative Assembly tence. and the conditions subject to which he can exercise them. Furthermore, these institutions guarantee the independence These powers extend to the public service, which he super­ of the judiciary power. vises as a natural part of governmental machinery. The conditions of internal autonomy are therefore as The judiciary power in Ghana rests with a national service, fully realized as possible in the case of the Republic of Togo­ but in Togoland justice under French law is a French land, whose institutions are those of a State with separate service. autonomy. 78- But statehood by itself is not enough. A country may The division of functions between the central organs of very well be autonomous and yet its peoples may be enslaved. the French Republic and the institutions ofTogoland and the There are only too many examples of abuse of authority High Commissioner of France derives from this recognized throughout the world which bear out this sad truth. difference of goals. It may easily be seen that Togoland institutions are satis­ In each case, only the clear interests of our country are the factory not only from the point of view of the State but also basis for the division. from that of the individual and society. This should not be construed as proof of a movement of The Statute of autonomy of Togoland, like the Constitu­ political evolution arrested in mid-course. The powers exer­ tion of Ghana, guarantees the exercise of fundamental free­ cised jointly are not reserved powers, for they are in every doms to everyone and safeguards the political rights of its case accompanied by counterbalancing powers. At the citizens. The right to strike is recognized. Togoland citizens present stage, when independence in isolation has been left enjoy the rights and freedoms guaranteed to French citi­ behind, they are more like bilateral agreements, which should zens. be separately assessed. As in the case of Ghana, too, the constitutional Statute Why, for example, have the Assembly and the Togolese aims at protecting the indigenous civilization and social negotiators left it to the central bodies to keep the legislation groups of highly traditional structure from an authoritarian and regulations relating to the administration of justice or and over-rapid development. This protection may go farther the curricula and examinations in secondary and higher in Togoland than in Ghana, for the political and civil status education up to date? They have done so because, below not only of the customary chiefs but of all Togolanders is a certain level, administrative organizations are no longer safeguarded in the event of a surprise vote. complex enough properly to support educational, research Thus, in both countries, the most basic rights of the people and legislative services. For these complicated questions, -those which guarantee respect for the individual and those it is better to rely on specialized French bodies if stagnation which affect his way of life - have been dealt with in similar is to be avoided. But this division of functions must at the constitutional provisions. same time operate within a framework of real autonomy in These constitutional provisions of the two countries are which Togolanders effectively exercise public functions. often applied to parallel situations and lead in practice to This can be achieved in two ways. Such joint legislation the same or similar solutions. can be applied by Togolese services such as the educational Once these institutions were established, the reform led or customs services, and the French services of Togoland to an even more rapid transfer of power in Togoland than in can be systematically opened to Togolanders. The statutory Ghana, where the highest state posts are still occupied by provisions on the establishment of Franco-Togolese plans British officials or persons retaining their former office in a for the recruitment of personnel have precisely that aim in personal capacity. view-namely, to ensure the entry of Togolanders into such services. Therefore it is neither the structure nor the extent of the powers delegated which differentiate the two constitutions, Consequently the maintenance of a few French services but rather their goals. The Constitution of Ghana aims at will not prevent Togolese citizens from taking an active part establishing an independent State, but one that is interdepen­ in the administration of the country. In this way the Govern­ dent within the British Commonwealth. The purpose of the ment secures the assistance of technicians and experts more Statute of Togoland is to create an autonomous State freely cheaply than Ghana, which must make use of many British associated with the French Republic. Togoland in no way experts, but at its own expense. forms part of the French Republic. The French Constitution This technical assistance in personnel is very clear in the and the Statute of Togoland are categorical in that respect. cases of the Inspectorate of Labour and Social Legislation And the interpretation offered by those who insist on reading or the Treasury Service, which, although they belong to the the contrary into these two fundamental constitutional texts French services, function as Togolese services. is indeed surprising. Turning to the free association of the Republic of Togo land However, to view, at the present time, the political future and the French Republic in the sphere of foreign relations, of Togoland as developing in isolated independence would there is surely no need to emphasize the fact that the issue be to ignore the lessons of the realities around us and to of a currency pegged to the franc is necessary not only for sacrifice the obvious interests of our people. the reasons already set forth but because of Togoland's The French community surely offers Togoland the advan­ present incapacity to establish a strong currency in view of tages of an interdependence based on friendship, mutual its crushing burdens as compared with its present resources. understanding and the defence of common interests, cultural Although it is better off in this respect, Ghana has remained as well as economic. in the sterling area and continues to link its currency to that Is it not true that the best criterion to apply, because it of the pound through the maintenance of a fixed rate of is the only legal one, is that of the increased advantages and exchange. efficiency Togoland finds in an association which enables The Statute also stipulates that the French Republic shall it to organize itself in the way which best suits its present be responsible for defence. Consequently, the High Commis­ possibilities and interests? Moreover, autonomy within an sioner, who is responsible for external security and defence, association receives the same recognition in the United has authority over the foreign security, defence and frontier Nations Charter as does independence. There is therefore police services. ~o need for false arguments intended to prove that Togoland Is three-quarters or four-fifths or five-sixths independent. The maintenance of the transcontinental airfield at Lome The terminology of separate autonomy, of autonomy by is a charge on the French budget and France has reserved association, is not incompatible with the fundamental prin­ the right later to request permission from the Government ciples of the United Nations. of Togoland to establish a transmission service on its terri­ Our Constitution has sought for autonomy within asso­ tory in the common interest. ciation. Internally, it is an autonomy by permanent asso­ It is obvious that these obligations were a necessary conse­ ciation, and, in the external sphere, a free association by quence of the fact that the French Government has agreed to agreement. guarantee the territorial integrity of the Republic ofTogoland. -79- They impose far fewer obligations on Togoland than Complete and isolated independence would turn back are generally agreed to in such cases and even seem quite the clock economically or invite economic colonization unimportant when it is remembered that the military assis­ which is the worst form of colonization. ' tance agreement thus laid down does not establish the prin­ Self-government enables us to deal successfully with a ciple of equality of sacrifices and does not require Togo landers crisis of adaptation and at the same time to maintain our to participate in the defence of their soil. In such circum­ cultural and social bonds with France, which are one of the stances, it is no exaggeration to say that the agreement is mainsprings of our modern civilization. advantageous to Togoland. Throught its assistance, France enables us to continue Finally, the French diplomatic service assumes respon­ making political, economic and social progress within our sibility for the external relations of the Republic of Togoland. own historical environment. Its support helps us to assume The usefulness of a diplomatic service consists in enabling the place in the world that is rightfully ours. a country to discuss its affairs directly with the foreign country Progress towards independence is an inevitable process, concerned. We need only recall what was done during the but so is the trend towards interdependence. eleventh session of the United Nations General Assembly to realize that the formula is flexible enough to enable Togo­ By designing and then adopting, on the basis of universal land to follow its own affairs abroad, for all that is necessary suffrage, an association adapted to their aspirations, the states­ is to attach a representative of the Government of Togoland men and people of Togoland have displayed political maturity to the head of the French diplomatic mission whenever that and have shown that the country was quite capable of deciding is warranted by the importance of the question discussed. its future itself. Nor does autonomy create an obstacle to the establishment Moreover, the United Nations Charter places equal empha­ of separate representation at the United Nations or in inter­ sis on the development of the inhabitants of the Trust Terri­ national organizations generally. tories towards self-government or independence as the basic Thus it has been clearly established that the central organs objectives of the Trusteeship System. of the French Republic have been permitted to retain compe­ They stimulate the development of a feeling of interdepen­ tence only to the extent that this was to Togoland's advantage. dence in the peoples of the world. The prerogatives of the High Commissioner are just as The Togolanders, by adopting the Statute of the Republic clearly explained. by a large majority, have freely shown that their most cherished wish was to implement these objectives. As a Togoland authority, his powers are fixed by statute. He can request the Assembly to re-examine a bill at its second The United Nations could not, without going back on the reading. He presides over the Council of Ministers, but not principles it invokes, refuse to recognize the right of the people the Cabinet Council. He watches over the maintenance of of Togoland to self-determination or, what amounts to the public order, it being understood that the responsibility for same, refuse to recognize the association which they chose the maintenance of order rests with the Government of Togo­ freely and voluntarily. land. These, gentlemen, arc some of the most important facts Thus the High Commissioner wields neither legislative concerning the Republic of Togoland. I feel sure that the nor the executive power. In the final analysis his powers Trusteeship Council and the United Nations General Assem­ amount to the right to voice an opinion and to receive infor­ bly, fully informed by you of the new situation in our country, mation on the major problems confronting Togoland. will want to proclaim the end of the Trusteeship System. If these international bodies had any doubts after reading the Nor does the High Commissioner possess any general relevant texts, about the real self-government enjoyed by our powers in matters relating to French authority. His powers Republic, we are certain that the first-hand information you are specific and well defined, and he holds them by virtue will obtain during your stay in Togoland and the contacts you of his position as representative of the French Government. will make with various Togoland authorities will convince These attributes are statutory powers enabling him to dis­ you that the system established in 1956 is in accordance with charge in Togoland the treaty obligations assumed by the the deep aspirations and present needs of the people of Togo­ French Government and also, of course, the powers which land. he exercises as head of the services financed from the French It is in this spirit that, on behalf of the Legislative Assembly, budget. I bid you a warm and hearty welcome. His diplomatic and consular privileges and prerogatives as the permanent representative of the French Republic are irrelevant because, by virtue of his position, they would C. ADDRESS DELIVERED BY MR. MAMA FOUSSENI, MINISTER be accorded to him in any foreign country with which France OF STATE, AT A RALLY ORGANIZED AT SOKODE ON 14 JUNE had concluded a convention on establishment and established 1957 diplomatic relations. Members of the United Nations Commission, Generally speaking, this association, freely entered into by France and Togoland, is characterized by complete equality Ladies and Gentlemen, of rights, the representation of Togoland in central organs, I need hardly tell you how proud I feel in welcoming to and interchangeable nationality, equal access for Frenchmen Sokode, my own birthplace, the first international guests and Togolanders to public positions and the introduction invited by the Togoland Government. On behalf of the in Togoland of equal universal suffrage without the prohibi­ Government of the Autonomous Republic of Togoland, I tion of any political parties. wish to address to you a few words welcoming you to the As between simple integration and complete independence, northern part of the country. self-government requests the most advantageous course for Sokode is traditionally spoken of as the gateway of the Togo land. north. Some expressions, although in general use, have no What has been set up is not a semblance of a State with basis in fact; but that is not so in this case. When one comes only theoretical independence, but a Republic that can sur­ to Sokode one sees that the appearance of the people and vive and develop on a realistic foundation for the good of things is different : we here live in circular dwellings, or souk­ its people. kalas, not in square houses, instead of the toga we wear the -80- boubou - in certain remote regions an even scantier garment All of us here are aware of this fact; whether we are re­ -millet replaces maize, there are fewer trees, the climate sponsible for managing the affairs of the entire country or is drier. Many other such comparisons could be given and, whether we are simply heads of family, we have all experienced despite the shortness of your stay, you will have no difficulty the harshness of our past life and felt a desire for economic in noting other novelties. and social betterment. We do not want our children one I should also like to give you an idea of the isolation from day to accuse us of not having done everything to guarantee the routes along which men and ideas have travelled; this them a better life than our own. has been north Togoland's handicap for a very long time, Now, the Power to which we look for support is France, ever since the first appearance of man upon the earth until with which we have long maintained relations of perfect just recently. The present-day ease of means of transport friendship. We know France; it was France which gave us should not blind us to this serious defect, attributable both access to modern civilization and initiated the work described to nature and to man. Picture a country without roads or a few moments ago, and its people now collaborate with us waterways, where one's neighbour was often an enemy­ in full brotherhood. · and always a foreigner with different language and customs. The Statute which we freely discussed with the former The journey from here to the sea has about fifteen stages; Administering Authority met with very general approval that to the Sahel region, the scene of large internal migrations, throughout our country. Please do not think that this was involves about twenty stages. a surprise : most of us are peasants or sons; of peasants, and It is not surprising that this unfavourable geographical I shall not be telling you anything new when I say that the position resulted in a certain backwardness in techniques and peasant is wary and watchful over his interests. He is ex­ customs. You will easily see that this backwardness is rapidly tremely keen to be a party to any discussion that affects his disappearing, thanks to efforts on everyone's part. Out­ business, but he knows that the harvest is difficult to gather. standing results have been achieved in all fields, but it is He also knows the value of mutual aid and of striving in perhaps in education that the most rapid progress is being common with other people towards a common goal; he made at the present time. In expressing this opinion, which knows tliat he cannot live in isolation and that he must rely some may regard as not impartial, I am perhaps speaking upon the aid and support of his neighbours. He knows that as a former schoolteacher. Yet, I do not think I am over­ what is true for his village is true for his country, and I can stating the case, for the statistics are there and, better than assure you that it was after careful reflection that he approved statistics, the facts. It would be wrong not to mention the the Statute which will enable Togoland to shape its future splendid work of the public health services which succeeded as a member of a strong unit whose friendship is secured by in wiping out the epidemic diseases that less than thirty years the past experience of a long life in common. ago used to decimate these regions - smallpox, meningitis, This concludes, Ladies and Gentlemen, this introduction sleeping sickness, yellow fever. All these are now evils of the to life in the north. I only wish to add that I hope our guests past, and demographic growth is there to prove it. of many nations will enjoy their stay and their journeyings in This brings me to the principal concern of those who, our country. whatever their race, have the improvement of these regions at heart. I refer to the economic development necessary to support this great work and permit its further develop­ D. STATEMENT BY MR. FIAWOO, MINISTER OF INFORMATION ment. A few minutes ago I spoke to you of the length of AND OF THE PRESS, AT A PUBLIC MEETING AT TSEVIIJ ON journeys; now I shall talk about kilometric tons. All agri­ 4 JUNE 1957 cultural or mining products exported from the northern part of my country are saddled, when they are shipped out, with Mr. Chairman, a very heavy transportation cost, which depresses the pur­ Members of the United Nations Commission, chase price to such an extent that the marketing of low-value You have already been in Togoland for some days, and as commodities is at times unremunerative. Thus, for example, a member of the Togoland Government I have had several the iron ore deposits in Bangeli, in the cercle of Bassari, opportunities of meeting you and, if I may say so, of appreciat­ are economically unworkable, and, as an example in another ing the painstaking manner in which you are seeking to gather field, there has been no sale of shea nuts for several years the information you need for your important mission. in the cercles of Mango and Dapango. Today, I greet you here not so much as a Minister but as Please do not think that nothing has been done to remedy the Deputy for Tsevie, that is to say as a man from this town this state of affairs. The Division of Public Works has begun whom his fellow countrymen have trustingly called upon to to transform paths into roads usable by vehicles of up to represent them in our Legislative Assembly. It is in their twenty-five tons, and in the near future it is going to pave the name, therefore, that I welcome you to Tsevie. branch road between Blitta, a railroad terminus, and Sokode. In the first place, I should like, on everybody's behalf, The Division of Mines has been exploring for deposits of to thank you as representatives of the United Nations for the valuable light-weight minerals, but up to the present its encouragement which that body has given us by recognizing, efforts have not been rewarded. The Agriculture Division in the resolution which the General Assembly adopted in is seeking to obtain the best possible yields from improved plenary session on 23 January 1957, the significant step evi­ varieties and to introduce modern farming methods. The denced by our new Statute, and by taking note of the results of Animal Husbandry Division is improving livestock and has already wiped out the epizootic diseases which destroy herds. the referendum. Lastly, the Division of Waters and Forests has done splendid You have come here to study our new institutions. work in the fields of forestry and soil conservation. You will see- and you may indeed have already begun After this perhaps rather long description of the natural to note - that the Autonomous Republic of Togoland phenomena which affect north Togoland, you will realize exists, that its existence is an incontrovertible fact and that how vitally necessary it is for us to be associated with a politi­ there is government of the Togolanders by the Togolanders. cal and economic bloc that is large and powerful enough to We rely on you to stress this in New York. help us develop as we wish. As President Ajavon has already Our laws are now Togoland laws, passed by our Legisla­ told you, total independence in isolation is for us material tive Assembly; the general policy and the administration of regression. the country are in the hands of the Togoland Government. 81- Only external affairs, defence, diplomatic relations and that, under the Statute of the Autonomous Republic the matters relating to currency are still under French jurisdiction. French Republic is responsible for the defence and ext~rnal This association with France was freely discussed by us. relations of Togoland and that we remain in the franc area. As you know, this association was dictated not only by You are also aware of the slenderness of our country's resour­ political and economic considerations but also - and I ces which makes it practically impossible for us to meet the should say primarily - by ties of affection. But you have costs of an army and a diplomatic corps, and of the volume already fully acquainted yourselves with our new Statute and of French financial assistance, which covers almost all of I do not wish to repeat what you have read or what others our capital expenditure and is enabling us this year to balance have told you here since your arrival. our serious budgetary deficit. All this shows adequately What I will add, however - and this is doubtless as impor­ that in a world where small countries must fit into the economic tant as the Statute itself- is that the vast majority of the pattern of large entities, Togo land is no exception and needs population of Togoland unreservedly approves the new France. Statute. This was amply demonstrated by the results of the It would be false, however, to suggest that our ties with referendum and is being further proved by the manner in France arise solely out of material needs; as I said at the which Togolanders daily display confidence in their Govern­ beginning of my statement, they are primarily ties of affection. ment and by the growing support from our opponents. You For many of us, the French language has become the know, perhaps, that the opposition is daily losing ground. In normal means of expression. Furthermore, French is today the eyes of the public, it has done nothing except boycott the lingua franca of Togoland; a Tchokossi from the north institutions which would have allowed it to make itself heard and an Ouatchi from the south who wish to communicate by lawful means. It is disintegrating and its supporters are with each other will speak French. Our school curricula abandoning it, as is proved by the recent constitution of are exactly the same as those in metropolitan France and our a new party, the Union democratique togolaise, composed of sons go to study at French universities. This cultural affinity former supporters of the CUT who have decided to co-operate is particularly important and we value it greatly. with the Government to which I have the honour to belong. I should now like to speak to you of this cercle where you But as I do not wish to introduce a controversial note into are spending the day. I should principally like to stress what this statement, I shall only try, if I may, to analyse the fun­ has been done here, thanks to France, always after consulta­ damental reasons for .the success of the Togoland experiment. tion with the population represented in the Legislative Assem­ First and foremost, I must say that the self-government bly, in the conseil de circonscription and in the Municipal which we enjoy today did not come about by chance, but is Council of Tsevie. the fruit of prolonged efforts. It is, in fact, the culmination I shall begin this brief survey of the economic and social of an ordered and logical advancement. achievements in this cercle by outlining the measures taken This process began immediately after the Second World to solve a problem which has always overshadowed all others War. Along with the other Overseas Territories, Togoland and was particularly crucial in our region : the question of was for the first time called upon to elect representatives to water supply. When water is brought to a village, the living the French Parliament and, what was particularly important, conditions there are transformed; women no longer have to to a representative Assembly, which still had only a limited and make those endless trips which sap their strength, and fallow primarily advisory role. land can again be cultivated. In April 1955, we took a further step forward: the Assem­ The cercle of Tsevie has been particularly fortunate in this bly's powers were considerably widened, a Government respect. The whole centre of the cercle is now supplied with Council was created and the conseils de circonscription were water by means of an IS-kilometre network of conduits which granted deliberative functions and the power to administer feed Davedi, Agbatope, Davie, Dalave, and, of course, their own budget. There was a parallel political develop­ Tsevie itself, where there are twelve water fountains. Outside ment at the municipal level, where various localities were this water supply network, three pumping stations and nine reclassified as mixed communes, each with its own elected wells have been built since 1952, four are at present being municipal Council; such was the case with Tsevie in 1952. drilled and work on eleven more is due to begin this year. Concurrently with this gradual reform of our institutions, Another field in which the cercle of Tsevie has witnessed the body of voters continued to grow. The number of per­ considerable progress is that of public health: we now have sons voting in the elections for the Togoland representative a medical centre which is a real hospital, two maternity wards, Assembly grew from 5,000 to 51,000 in 1952, 113,000 in 1953, fourteen dispensaries and twelve consultation centres. 151,000 in 1954 and 190,000 in 1955. Today, we have the In order to give you some idea of the work done in the rule of universal suffrage for both sexes. It was first applied cercle by the health services, I need merely quote the following at the time of the referendum of 28 October 1956, when there figures: in 1956, the number of consultations, for a total popu· were almost 440,000 men and women registered as voters. lation of 93,000, was 608,931. At the same time, the mobile Thus, you can appreciate that Togoland's attainment of preventive medicine units have conducted a vigorous campaign self-government was not brought about by a sudden decision, against the major endemic diseases. In 1956, 44,000 persons without prior preparation. It was the culmination of a direc­ were treated for yaws and 21,000 vaccinated against small· ted political process which had initially followed the same pox and yellow fever. pattern as in other French Overseas Territories but had sub­ The effort has been no less sustained in the field of educa· sequently developed into an isolated experiment, within the tion. Some 7,000 children attend the forty-two primary complex of Overseas France, which made our country into public mission schools in the cercle. a pilot Territory ahead of the others. Another example of social advancement is the develop· This progressive advancement was wholly analogous to ment of the telephone network, which now has five lines that followed on the road to independence by our neighbour running out of Tsevie and connects the chief locality of the the Gold Coast. The first Constitution of the Gold Coast was cercle with a whole series of villages. As far as town planning promulgated in 1946, the second in 1951, the third in 1954, is concerned, you have been able to see what has been done and universal suffrage was introduced there only quite recently. at Davie and at Tsevie, where stadiums, fountains, electricity The second point which I should now like to mention is and the like have made these two agglomerations into neat the question of our relations with France. I recalled just now and modern towns of which we are justly proud. -82- There has been no less activity in the economic field. The Mission has shown us such honour. I will go further, and I cercle of Tsevie boasts one of the largest factories in the Terri­ say that your mission, Mr. President, is not only a courageous tory : the palm oil mill at Alokouegbe, constructed with mission but a conscientious mission. You have taken the FIDES funds. A road network has been built around this trouble to see not only the big towns, but even that far town factory to enable farmers to deliver their produce, and in of Badou hidden behind the mountains and the forests. 1956 the factory produced 711 tons of palm oil and 257 tons Mr. President, my congratulations for having done such a of palm-kernel oil. As early as December 1953, shortly after thing. We are deeply grateful. it was set up, Alokouegbe was already purchasing an average You have spent the last few weeks meeting men and women of 400 tons of raw material daily. You will understand, of this country in all walks of life. Your work has no doubt therefore, what wealth it has brought to the rural population. been very arduous and at times delicate. We await your Moreover, encouragement is given to agricultural production conclusions with interest. Ours is a small country; we are in fields other than palm growing. The land of the cercle peace-loving people, passionately attached to our homelands. of Tsevie does not seem suitable for cacao plantation, but the We abhor violence in all its forms; yet our love for freedom coffee-shrub finds the conditions here favourable and each is unsurpassed. Freedom to lead our :own way of life, free­ year selected plants are distributed to farmers. In 1956, the dom to think for ourselves, freedom which will liberate us number of young shrubs thus distributed free of charge from all vestiges of foreign colonial rule. reached 328,000. Mr. President, you have received our petitions and granted This concludes my brief and very incomplete summary hearing to all our leaders. We in the Comite de !'Unite of some of the achievements which the French administration togolaise are ready and willing to participate in the loyal has made possible in the cercle. It has done so mostly with working of all our institutions : FIDES funds, in other words with free financial assistance If political persecution and discrimination cease, from the French Government, renewed annually. The volume of this assistance, and primarily the fact that the purposes If our Administering Authority ceases to participate in party to which it is put are decided mainly by ourselves in the politics, Territorial Assembly, bear witness to a generosity and confi­ If our Administering Authority will implement its obliga­ dence which it would be difficult and highly improper for tions under the Trusteeship Agreement and guarantee to all us to forget. In these circumstances, it is hardly astonishing parties public freedoms and liberties. that the vast majority of the Togo land people cannot contem­ Mr. President, may God grant you wisdom and courage plate the departure of the French, who have been our bene­ to see the truth and do justice. We wish you a safe return factors and friends for almost forty years. to your headquarters in New York. The time has come for us to assume the direction of our own affairs. The self-government we have obtained from the French Government has given us what was essential: internal F. ADDRESS DELIVERED BY MR. KING, CHAIRMAN OF THE independence. For the time being, we cannot bear the COMMISSION AT THE CUT MEETING HELD ON 29 JUNE burden of maintaining an army and a diplomatic corps. We 1957 hope that in the not too distant future we will be able to meet such expenses and thus assume the responsibility for all of On behalf of the Commission, I wish to express to you our country's affairs, both internal and external. That, our appreciation for the welcoming reception you have exten­ however, will not in any way imply the end of our association ded to us this evening. with France. Our Statute expressly states that it can be fur­ The Commission has spent in your beautiful country four ther developed. As a result of the new responsibilities which weeks, during which it has maintained close contact .V.:ith we will acquire the links binding us with France will undergo all sectors of political opinion. Representatives of poht1cal a change, but we will never repudiate an alliance with a coun­ parties and individuals - in Lome as well as in the interior - try to which we owe so much and with which we wish to have been given ample opportunity to convey their views on remain on the closest terms. the situation in Togoland as the result of the application of the That, Gentlemen, is what I had to say on behalf of the entire new Statute. In a spirit of complete objectivity, we have been population of this cercle. That is the message which we fulfilling the assignment given to us by the General Assembly should like you to transmit to the United Nations. of the United Nations. In the same spirit, we will soon Please allow me to thank you in advance for acceding to reconvene in Geneva for the preparation of the report. this request. We know that we can count on your objectivity It is our hope that the observations which the Commission and sympathy and we wish you all possible success in your will submit to the General Assembly on the conditions in important mission. We await the results of your !visit with Togoland will permit the United Nations to adopt decisions confidence, and we are certain that they will not disappoint us and recommendations which will further the welfare of Togo­ and that they ;will further encourage us to pursue the policy land and promote peace among its peoples. of progress in peace which we have incessantly defended. To-night, at the last official act of the Commission, during LONG LIVE THE AUTONOMOUS REPUBLIC OF TOGOLAND. a reception offered by the Prime Minister, I will deliver the LONG LIVE THE cerc[e OF TSEVII~. farewell statement of the Commission to the people of Togo­ land. This statement will be broadcast tomorrow morning and also delivered to the press for divulgation. E. ADDRESS DELIVERED BY MR. SYLVANUS 0LYMPIO, VICE­ At this point, I would only like to add a reference to the CHAIRMAN OF THE COMITE DE L'UNITE TOGOLAISE, AT A spirit of the Charter of the United Nations, according to PUBLIC MEETING ORGANIZED BY THE PARTY AT LOME ON which the use of peaceful means for the solution of differences 29 JuNE 1957 is one of the cornerstones of the Organization. Your Excellency, President of the United Nations Commis­ On behalf of the Commission, I appeal to you here sion, Honourable Members, assembled, and to the other political parties in Togoland, to seek understanding and peace among all the peoples of this We feel highly honoured and are greatly delighted to have countryw hose future will be great if all the sectors of its you among us this afternoon. Since 1949 no United Nations population join their efforts towards that end. -83- G. ADDRESS DELIVERED BY MR. GRUNITZKY, PRIME MINISTER, land. I have been told - and I believe it - that this is AT A RECEPTION GIVEN AT LoME ON 29 JUNE 1957 BEFORE quite unprecedented in the case of missions visiting this or THE DEPARTURE OF THE COMMISSION ON TOGOLAND similar countries. I myself can find only one word to describe such hospitality- overwhelming. I use that word first in a Mr. Chairman, humourous sense, to refer to the fact that the pressure of Members of the United Nations Commission, our programme - social and other - has from time to time obliged some of us to retire briefly from the field of our At this time, as you are preparing to leave the territory of labour and rest up. But secondly, I use it in a much more the Autonomous Republic of Togoland, I wish to tell you important sense to express our profound and heartfelt gra­ again how happy and honoured we have been to receive you titude for this hospitality and for the many opportunities it officially as our first guests from abroad. has provided for getting a better acquaintance - in a more We did everything in our power to enable you to see our relaxed atmosphere - with you and other representatives country, both as a unit and in its diversity, with no limits or of Togoland opinion throughout the country. restrictions, in an atmosphere of public peace and liberty. During our month in the Territory, we have carried out a It is a source of pain to us that all our countrymen did not very extensive programme. While suggestions as to the understand our desire, but the understanding which you programme were made by the Government and by the Wel­ displayed towards us during your stay has made you friends coming Committee, the programme represented the Commis­ of our country, and I wish to pay a tribute to the sincere friend­ sion's own decision. We were able to carry it out in full, ship of your Chairman, whom we look upon almost as a with the exception of a visit to a factory at Tsevie. I wish to fellow countryman, to the efforts and cordiality of the members thank you, Mr. Prime Minister, and the representatives of your of your Commission, who come from all parts of the world, Government in the various districts, for having greatly faci­ and, lastly, to the efficiency of your secretariat. litated our work. I feel that I should specially mention in Before returning to New York, you have one final task to this connexion the Minister of State, who so ably represented perform, in addition to all your journeys, and to all the work you during our tour in the interior. I wish also specially to meetings, visits and receptions which you attended during thank the Chairman of the Welcoming Committee, Dr. Robert your stay in our country. We ask, with the ardour of the Wilson, and last but not least our many aides-de-camp. In patriots that we are - patriots who are aware of realities addition to our programme in the interior, it is necessary in their country, for which they seek only happiness and to refer to our interviews with the Ministers collectively and prosperity - and with the friendship we bear to you as men individually in the capital. On behalf of the Commission, I of good will, that you prepare this report with the same wish to state that we have received full and frank explanations objectivity with which we answered your many questions. of the Government's position on the interpretation and appli­ Just as the States Members of the United Nations are built cation of the Statute and on other related matters. We on different systems, so also there can be several roads besides have also received similar helpful information from the High trusteeship. The one which we have pursued persistently Commissioner. In thanking you, Mr. High Commissioner, for several years has led us to the system of internal auto­ I wish to refer to the many expressions of appreciation for the nomy which you have studied with so much care. To reject work of France in Togoland, which we have heard during our this system on the alleged ground that it does not correspond tour. to a certain approach to the Togoland problem would actually I feel that as a result of all this information and of our cause it to go backward. The Statute which we have worked discussions with all sections of the population, we have out with France is for us a stage in development and not a assembled a great deal of evidence on matters falling within final step. But we intend to be sole masters in determining the Commission's terms of reference. We have met with its limits, in the light of our capabilities. For what we desire, representatives of different political opinions and have received in accordance with the spirit of the Charter, is to be free to all of those who wished to see us. We have had certain pre­ manage our own affairs, under a system of interdependence liminary private discussions on our report over the past three with our friends and in a spirit of mutual understanding with days, and we shall continue them in a more detailed fashion all the nations of the world. in Geneva. Some time in August, the report will be submitted On behalf of all Togoland, I wish you a happy return to the United Nations. I wish to state that we shall endeavour journey; I hope that the United Nations, which you represent, to produce our report in the same spirit of objective study, may fully accomplish its mission of peace in a spirit of mutual which has been our aim throughout our stay in the Terri­ understanding; and, lastly, I extend to your respective coun­ tory. tries our wishes of happiness and peace. Our month's stay in Togoland has given us a sympathetic interest in the future of your country, which we will keep long after our official connexion with it has ended. We have H. ADDRESS DELIVERED BY MR. KING, CHAIRMAN OF THE appreciated the variety and attractiveness of your various COMMISSION, AT THE RECEPTION HELD ON 29 JUNE 1957 peoples and of the various landscapes in which they live. We have noticed a well-developed sense of national conscious­ Mr. Prime Minister, ness, transcending political and tribal barriers. On the other Mr. High Commissioner, hand, we have noticed certain political tensions which may have led to two painful incidents, which we deplore as much Ladies and Gentlemen, as you. It is our earnest hope that Togolanders of all beliefs As this is the last engagement of the Commission in Togo­ and regions will make additional efforts, in a spirit of compro· land, I ventured to ask the Prime Minister to permit me to mise and understanding, to remove these tensions. Thus, the make a farewell speech in the course of this reception and he country will be able to give its undivided attention to the was kind enough to allow me to do so. many problems which confront it. The first thing which I am sure my colleagues on the Com­ Mr. Prime Minister, I wish to thank you once more, on mission and the members of the secretariat would wish me behalf of the Commission, for the helpful and hospitable to do is to express our sincere appreciation of the hospitality way in which we have been received in your country. I that has been offered to the Commission by representatives regard this not so much as an act of kindness and cour· of the Government and by all sections of the people of Togo- tesy to us personally as members of the Commission, but -84- as a mark of respect towards the great Organization on whose is vested in the Togoland Government, the Head of which behalf we are here - an Organization which not only main­ holds his authority from a sovereign Legislative Assembly. tains a sincere and close interest in the development of the Yesterday, France was the sole legislator, and French laws Trust Territories, but also represents in its more general were promulgated in Togoland. Today, the people of Togo­ aspects the ideals and aspirations of peace-loving peoples throughout the world. land have become competent in the legal sense of the word, and are making their own laws. It remains to be seen whether the United Nations will, like France, recognize and accept as effective the political maturity of the Togoland people I. SPEECH DELIVERED BY MR. HERMANN FUMEY, CHAIRMAN and their ability to govern themselves. OF THE COMMITTEE OF THE PARTI TOGOLAIS DU PROGREs IN THE COURSE OF A HEARING GRANTED BY THE COMMISSION A majority in the country appreciates the laudable efforts made by the United Nations under the San Francisco Charter Mr. Chairman and members of the United Nations Mission to promote the progress of dependent peoples. But, at the to Togoland, present stage of the country's political development, the continuance of trusteeship is incompatible with the regime On behalf of the Parti togolais du progres, we have the of internal autonomy granted to Togoland by the Administer­ honour and great pleasure of welcoming you to our country. ing Authority. The Prime Minister of the Autonomous Republic of Togo­ Section X of the Constitution of the Republic of Togoland land,. who is the Secretary-General of our Party, has already recognizes, as of temporary validity, the obligations assumed explained to you the broad lines of the Government's policy. by France under Chapter XII of the United Nations Charter Today we want to tell you about the attitude of the Parti and under the Trusteeship Agreement. Until such time as togolais du progres to our country's new regime of internal those clauses are abrogated, it means that the United Nations autonomy. does not consider us capable of managing our own affairs freely ourselves, or that it does not want us to do so. Since it came into being in 1946, the primary objective of the Party has been to speed the progress of the people of We want to bring this regime to an end. We want France's Togoland in the political, economic and social fields so that right to veto Togoland laws abolished. We want to promul­ they may be able to take over democratic management of gate laws ourselves reflecting the legitimate aspirations and the country's affairs themselves. the traditional customs of the people of Togoland while of course respecting the international principles of the Rights Internal autonomy or independence within the French of Man and the Citizen. community is oi?"e o.f the stages in this progress. Incidentally, the Trust Terntones of the United Kingdom, which are For that reason, at the big congresses of the Parti togolais autonomous within the British community, i.e., the Com­ du progn!s held at Lome on 22 June 1955 and 12 May 1957, monwealth, are in a similar position. which were attended by the Paramount Chiefs of the Territory, the members of the Section Bureaux of all the regions, the Our Party's platform has rapidly made it an important force members of Parliament belonging to the Party and the repre­ ~hroughout the country, as may be seen from the number of sentatives of the Union des chefs du Nord, it was decided to Its supporters and from the political and moral influence it intensify action to bring trusteeship to an end, since a nation enjoys. It has secured half the seats in the Legislative Assem­ whose maturity has been recognized no longer needs a guar­ bly, while the figures and percentages in all the elections dian. The referendum of 28 October 1956 confirmed that this testify to the reality and extent of its following among the is what a large majority of the people of Togoland ardently people. desire. The realistic programme of the Party limelights the dangers Allow me to add, Mr. Chairman and members of the of the ps.eudo-problems with which persons in certain quarters United Nations Mission, that in calling for an end to trustee­ would like permanently to distract the people's attention ship Togoland wishes to have the privilege and honour of - for instance the myth of the unification of the Ewes which becoming a member, in its own right, of that illustrious has been superimposed upon the problem of unifying the two organization, the United Nations. !ogolands and so complicated it as to make it practically Insoluble. In the event, the peoples of Togo land under United We should also like to explain that Togoland did not ask Kingdom trusteeship have decided in favour of integration to be incorporated in the French Union, as asserted in certain and that part of Togoland is, to our great regret, hencefor­ quarters; it was included in the French Union by virtue of the ward included in Ghana. Constitution of the Administering Authority, which declares that : "France, with the overseas peoples and the Associated The Parti togolais du progres has concentrated on securing States . . . shall constitute a union known as the 'French by successive stages, within the framework of the French Union' ". When the Republic was established we felt it community, all the essential reforms to enable the people desirable to remain in the Union on a voluntary basis so of Togoland democratically and effectively to manage their long as the economic and financial situation prevented us own internal affairs. We have refused to accept the mirage from shouldering alone the manifold burdens of a new State : of an immediate independence in isolation. The last stage the issue of currency, establishment of diplomatic relations, of the development of all nations is, of course, independence. and the like. ~ut our Constitution will be amended to attain that goal In due course, i.e., when the requisite conditions obtain and Such is the attitude of the Parti togolais du progres to the the necessary means are available. Provision is made in the country's new political regime. We have every confidence Constitution - section IX, article 38 - for its amendment that the United Nations and France, our former guardian, at the request of the Legislative Assembly. will speedily withdraw the trusteeship. The primary objectives of the Party were attained on the We are infinitely and eternally grateful to all the Members of the United Nations, whose aim it is to free dependent establishment of the Autonomous Republic, on the basis of peoples. a Constitution in the framing of which the people of Togo land effectively participated. Henceforward, administrative power We thank you, Mr. Chairman. -85

7 J. MEMORANDUM SUBMITTED TO THE COMMISSION The prevailing thought behind the new Statute of Togoland BY THE COMITE DE L'UNITE TOGOLAISE (CUT) is the French Government's desire to integrate our country into the French Republic. The French Republic, we repeat, Political situation not the French Union, which still has to be defined. The report of the Minister for Overseas France, which is attached Independence. In a letter dated 17 September 1955, addressed as a preamble to the Decree of 24 August 1956 setting forth to the Chairman of the last Visiting Mission of the Trusteeship the Statute of Togoland, clearly reveals that intention. Part I Council to tour the Territory, we made the following statement: of the Statute, which stipulates that the French Republic "After several years of campaigning in the two Terri­ shall guarantee the Territorial integrity of the autonomous tories of Togoland for the unification of our Territories, Republic of Togoland and which authorizes the autonomous it has become clear that unification will be unattainable so Republic of Togoland, through its elected representatives, to long as the two Territories remain under the administration participate in the functioning of the central organs of the of two rival Powers, France and the United Kingdom .... French Republic, is the legal document which further confirms We have therefore decided to seek the full and simultaneous that true purpose. For even if it is true that we need France's independence of the two zones of Togoland as the first help in protecting our frontiers, this does not mean integration; essential step towards unification." such assistance can indeed only be granted pursuant to an Since that date, Togoland under British administration has international agreement freely concluded between our two attained independence within the State of Ghana. France, countries on a footing of equality, after we have achieved our for its part, has granted Togoland under French administra­ independence. Part IV of the Statute, which confers dual tion a degree of self-government which permits the indigenous citizenship on nationals of Togoland while providing that inhabitants to manage part of their own affairs but which French citizens shall enjoy in Togoland all the rights and has at the same time raised the issue of termination of United freedoms attached to the status of Togoland citizens, makes it Nations trusteeship over the country. manifestly clear that Togoland is being integrated into the Without entering into the question whether it would have French Republic. The fact that the Ministers of the autono­ been preferable for Togoland under British administration mous Republic of Togoland are authorized by the Statute to attain its independence separately from Ghana, we neverthe­ to hold their office while also performing other elective func­ less feel that a comparison should be drawn between the tions in the metropolitan country, as members of the National autonomy granted Togoland under French administration Assembly, the Council of the Republic, the Assembly of the and the independence enjoyed by Togoland under British French Union or the Economic Council, confirms the evi­ administration within the State of Ghana. dence. Although article 41 of the Decree of 24 August 1957 setting forth the Statute of Togoland provides that all Minis­ Ghana, of which Togoland under British administration ters of the Government of the autonomous Republic of today forms an integral part, has all the attributes of an Togoland shall resign from such bodies in the metropolitan independent country and as such was admitted to membership country not later than six months from the date of their of the United Nations only a few days after the proclamation appointment, that article was repeated by the Decree of of its independence. Togoland under French administration, 22 March 1957, which amended the original Decree. despite the fact that it is called an "Autonomous Republic", does not have the essential attributes of independence, such Part V of the Statute deals with the division of competence. as its own army, diplomatic representation and currency. External affairs and the currency and foreign exchange system Even in the management of its internal affairs, the Govern­ are within the exclusive competence of the central organs of ment of the autonomous Republic of Togoland lacks jurisdic­ the French Republic. This reservation confirms that the tion in such matters as the following : autonomous Republic of Togoland is not independent. Part V further reserves to the central organs of the French (a) The administration of justice under French law; Republic sole powers in the following matters : (b) The system of public freedoms; (a) The personal and property status of French citizens; (c) Personal and property status of French citizens; (b) The administration of justice under French law; (d) The penal code, the criminal procedure code and, the commercial code; (c) The system of public freedoms; (e) Curricula and examinations in secondary and higher (d) Curricula and examinations in secondary and higher public educational establishments; public educational establishments; (f) External trade; (e) Various public services such as the Treasury, safety, (g) Customs. the broadcasting system, aviation infrastructure, airports, etc. The prerogatives of the High Commissioner include sole This makes it clear that Togoland under French administra­ responsibility for the proper administration of justice and the tion is not an independent country and, what is more, that maintenance of public order. He is responsible for the exter­ it does not enjoy self-government or internal autonomy in nal security and defence of the autonomous Republic of the sense in which the United Nations understands these Togoland. He may apply to the Council of State for a decla­ terms. That is why our party has fought and continues to ration that the Assembly has exceeded its powers if he con­ fight for the complete independence of Togoland under siders that the draft law of Togoland constitutes a violation of French administration. the provisions of article 10. After the expiry of a period of The Statute of Togoland. The current special Commission ten clear days from the adoption of a law of Togoland the of the United Nations General Assembly is the outcome of the High Commissioner may, in a statement giving his reasons, General Assembly's resolution of 24 January 1957. Para­ request the Assembly to review its decision and that request graph 3 of that resolution instructs the Commission to may not be denied. Hence it is clear from both the powers "examine in the light of the discussions in the Fourth Com­ reserved to the French Republic and the prerogatives of the mittee the entire situation in the Territory resulting from the High Commissioner of the Territory that the so-called auto­ practical application of the new Statute and the conditions nomous Republic of Togoland does not enjoy full internal under which the Statute is being applied, and to submit a self-government and consequently cannot be considered a report thereon ... to the Trusteeship Council for its considera­ "self-governing" country in the sense envisaged by the Char­ tion". ter of the United Nations. -86- Part IX of the decree provides for the evolution of the Marshall Plan and that the Territory had to reimburse 40 per Statute. Article 38 states that the Statute may be modified cent of the funds thus invested. following a wish (vreu) expressed by the Togoland Legislative In any case, we refuse to agree that a country which has Assembly. In practice, we have observed that each vreu been able to support itself out of its own resources from 1920 is communicated to the Minister for Overseas France, who, to 1951 ceases to be a viable entity as soon as it demands the after approving or modifying it, submits it to the Council of independence guaranteed by the Trusteeship Agreement. Ministers of the French Republic, which has the final say Our country is admittedly not rich, but we have potential in the matter. Thus, neither the Government nor the Legisla­ resources only awaiting rational development. tive Assembly of the autonomous Republic of Togoland has The Administering Authority has already adopted a rigid the power to amend the Statute imposed on the country. position with regard to this question of independence. By It seems inconceivable that a country enjoying full internal means of the referendum which it organized on 28 October self-rule, which amounts to independence, should not have 1956, it hoped to convince the world that there could not be the power to make the slightest change in its constitution a shadow of doubt that the great majority of the population without the intervention of the Government of a foreign had rejected complete independence and had chosen self­ country, in this instance France. government within the French Republic instead. This is In the foregoing paragraphs we have endeavoured to borne out by the address delivered by Mr. Guy Mollet before demonstrate, by reference to the provisions of the new the Foreign Policy Association in New York. In that address, Statute itself, that : Mr. Guy Mollet presented the well-known views of his Govern­ I. Togoland under French administration is in the process ment regarding what is called the Franco-African community. of being integrated, if it has not already been integrated, "Thus, in the particular case of Togoland," he said, "the into the French Republic. population, freely consulted by means of a referendum, chose 2. The Territory lacks the attributes of an independent self-government within the French Republic in preference to country; this was confirmed by the Minister for Overseas the absolute independence advocated by certain Togolese France himself in the Fourth Committee of the United groups." (Speech and press conference No. 90; address deli­ Nations General Assembly in January 1957. 9 vered by His Excellency Mr. Guy Mollet before the Foreign 3. The country is not even self-governing in the sense Policy Association in New York in February 1957.) There contemplated in the United Nations Charter, for the High is no need to list once again all the details of this referendum Commissioner has veto power over Togoland laws, and com­ which confronted the population with questions that had not petence in matters affecting the very life of the Territory is been approved by the United Nations General Assembly divided between the French Republic and the Government and the results of which were consequently not accepted as of the autonomous Republic of Togoland. proof of a desire on the part of the Togolanders to terminate the trusteeship. In such circumstances, can there be any question of terminat­ ing the Trusteeship Agreement? In a memorandum addressed to the President of the General Assembly (document A/C.4/341, 2 January 1957) the Govern­ Complete independence. The independence which we seek ment of the autonomous Republic of Togoland submitted for our country must permit us to manage all of our own that the results of the referendum justified the termination affairs, both internal and external. Such independence must of the Trusteeship Agreement. At the same time, it expressed not be subject to any prior conditions restricting our freedom its satisfaction with the self-government granted under the to take our own decisions. The Administering Authority Statute of Togoland, in the following terms: has always countered our demand for independence by saying that our country would not be a viable entity. When we " The autonomous Republic of Togoland, the organic called for unification of the two Togolands in order to create structure of which is well known, is today a living reality a stronger entity, that same Administering Authority stated deriving from the free choice of its inhabitants. It has that the differing cultures introduced by the two Administering taken over the management of its own affairs from the Authorities concerned made unification of the two parts of Administering Authority, whose responsibilities have Togoland impossible. The truth of the matter is that Togo land now come to an end. The people of Togoland have thus under French administration is a viable entity in itself. As attained the objectives of the Charter under a Statute which far as the budget is concerned, this country consistently had they have negotiated in full freedom in accordance with a balanced budget, without any subsidy from the metropolitan their own wishes for their political future." country, from the time when the French took over the admi­ We need only recall in this connexion that the Prime Minis­ nistration of Togoland in 1920 until 1951. Since 1952, when ter of the Government of Togoland and the President of our the Administering Authority decided to curb the nationalist Legislative Assembly acquired French citizenship by personal movement's efforts to attain complete independence for the naturalization and that they are also members of the National country, the draft budgets have deliberately been made such Assembly and the Council of the French Republi~. These that they could not be balanced without loans from the two individuals are the legitimate spokesmen (sic) w1th whom metropolitan country. We are referring here, of course, to the Administering Authority negotiated the new Statute of the local budget of the Territory and not to the budget of Togoland. FIDES (Fonds d'investissement et de developpement econo­ Surely a referendum organized exclusively by the Adminis­ mique et social). The latter, introduced in 1947, has certainly tering Authority and statements made by naturalized French accelerated the country's economic and social development, citizens, even though they may hold the highest office in the but we should like to point out that the necessary funds for Territory, cannot be taken as proof that the people of Togo­ this budget were received, during the first five years, under the land do not want absolute independence. Political freedoms. If the true aspirations of the Togo landers • ".Mr. Defferre (France) pointed out that the British Com­ are to be realized, full political freedom must be restored : monwealth included various types of countries and territories. freedom of speech, freedom of assembly and freedom of The same was true of the French Union. Togoland had an autonomous, not an independent, status. France was respon­ movement, both for individuals and for political parties. sible for its external relations. Accordingly, the ties between This is a sine qua non of any democratic process of consulta­ the two parties could only be broken with the consent of both." tion and particularly of a referendum or plebiscite. Yet (Document A(C.4(SR.588, 7 January 1957.) in Togoland under French administration the political parties -87- which were not organized by the Administration itself, or polling stations inspire no confidence whatsoever in the voters which do not adhere strictly to the policies of the Administer­ and their only qualification is their support of the Administra­ ing Authority, are deprived of the right of assembly and tion. Very often, the polling stations are set up in the houses movement enjoyed in democratic countries. A case in point of the cantonal chiefs so that the latter may influence the is the recent Decree of 15 March 1957 under which "all voters. meetings, demonstrations or gatherings " in areas bordering In the present circumstances, therefore, what steps should on the former Territory of Togo land under British administra­ be taken to ensure a truly free election? tion are prohibited. On 31 March 1957 the local administra­ tion broke up a public meeting of the Comite de l'Unite togo­ Solution. It is an undeniable fact that the greater part laise at Atakpame with the aid of local police and gendarmes of the population of Togoland has lost all confidence in the armed with rifles. (See annex A for the details of this incident, local Administration, which no longer seems able to organize as reported in letter No. 46/57 of 10 April 1957 addressed by an election genuinely free of administrative pressure. In the General Chairman of the Comite de l'Unite togolaise order to re-create this confidence, it will be necessary to to the Secretary-General of the United Nations.) The Govern­ replace all the present administrators in Togoland who took ment of the autonomous Republic of Togoland to which part in the repression of opposition party members. The the Administering Authority on 22 March 1957 entrusted men replacing them should no longer act as commandants de responsibility for the protection of public freedoms, has not cercle but as technical advisers ready to co-operate with all in any way modified the methods formerly employed by that the political parties. They should be given the task of draw­ Administration. Issuing orders or decrees, working through ing up new electoral rolls in close co-operation with the the intermediary of village or cantonal chiefs and unlaw­ representatives of all political parties. These lists should fully using its police armed with rifles or truncheons, the local no longer be prepared by the commandants de cercle alone administration continues to prevent the opposition political and only submitted for the approval of the Committee for parties from holding public meetings. It continues, by both revising electoral rolls, on which all political parties are overt and indirect means, to prevent officials from joining the represented, but by the members of that Committee them­ opposition parties. (Dr. Akakpo's contract of service was selves. Since the law now provides for universal suffrage, cancelled by the Administration because he had gone to the electoral rolls should include all persons over twenty-one New York to appear as a petitioner before the Fourth Com­ years of age appearing on the population census lists. All mittee of the United Nations General Assembly.) Fellowships the chefs de circonscription already possess such lists. In the for study are granted only to students whose parents are absence of a proper civil registry system, covering the entire active members of the political parties favoured by the Admi­ population, it is absurd to require those inhabitants of the nistration. Loans for the construction of dwellings or work­ large towns who wish to be registered on the electoral rolls shops are likewise granted only to members of the Administra­ to produce an identity card for which a birth certificate or tion party. An applicant for a loan from the Credit du Togo, declaratory judgement (jugement suppletif) in lieu thereof is a recently established governmental institution, must submit required. More than 80 per cent of the inhabitants of the a certificate from the commandant de cercle showing that he large towns have no birth certificates and it takes several voted in the referendum of 28 October 1956. In some cases months to obtain a declaratory judgement. Moreover, the the Governor and even mere police superintendents have commandants de cercle who issue these judgements make arbitrarily expelled from the Territory persons who have political instruments of them and issue them only to their incurred their disfavour. The cases of Adamou Boukari friends. An attempt was made to replace the birth certificate of Mango and John Bull of Palime are two examples. The and the declaratory judgement with a certificate issued by the latter had lived for more than fifty years in Togoland and had commandant de cere/e. This certificate has also become a all his family here. The cantonal chiefs, too, sometimes pick political instrument in the hands of the commandant de cercle, out persons whom they wish to have expelled from the Terri­ for whom the only purpose of elections is to sanction the tory. In certain areas, such as the cercle of Anecho, the policies pursued by the local Administration and to reflect the village or cantonal chiefs, at their discretion, impose fines opinions or aspirations which it wishes to represent as those ranging from five to ten thousand francs on peasants who of the population. It cannot be too strongly emphasized refused to take part in the referendum. Hitherto, the Pro­ that, as a first step, our new electoral roll should include all cureur de Ia Republique fran~aise, who should normally the persons over twenty-one years of age listed in the popula­ curb such abuses, has done nothing to punish such chiefs who tion censuses. have violated the law by imposing illegal fines, and even corpo­ ral punishment, where no offence or crime has been committed. Distribution of cards. The electoral cards are made out on the basis of the electoral rolls. They should be distributed Elections. Can a free election, a democratic election based by committees established by law. These distribution com­ on universal suffrage, be held in a country where public mittees must compulsorily include representatives of all freedoms are not guaranteed, where the Administration the political parties. The distribution should be made by the committees themselves, but each of them could divide itself shows no concern for this essential prerequisite of itself into sub-committees with jurisdiction over the pol­ democracy? Togoland under French administration is such ling place, the village,' or the quarter, so as to ensure super­ a country. In the absence of any guarantees of public freedoms, vision at all levels. The different political groups should be the political parties do not enjoy equal rights as far as meet­ represented on all these sub-committees. Receipts should be ings and political demonstrations are concerned; what is issued for undistributed cards returned to the Administration. more, the elections, organized exclusively by the local Admi­ Receipts should also be issued to the commandant de cercle nistration, bear no relation to a genuine process of consulta­ for undistributed cards delivered to the chairman of the tion. Every precaution is taken to ensure that the results of the polling committee on the day of the ballot for the benefit of elections will reflect the wishes of the Administration itself. late arrivals. The electoral rolls are concocted by the administrators. Substitutions can be made on the original rolls without Activities of chiefs. The village and cantonal chiefs have arousing even the faintest suspicion. The voters' cards are been reduced to the status of officials whose authority derives prepared in the offices of the administrators and are turned largely from their role as agents of the Administration. These over to the cantonal chiefs, the village chiefs and the clerks chiefs should play no part either in public meetings or in the of the commandants de cere/e. The men put in charge of the actual ballot. If they must take part in the organization of -88- the elections, they should fulfil this function in a ~pirit of Legislati~·e Assembly, Togo/and. In going through the absolute neutrality. It is also imperative that no Village or complete list of members of the Legislative Assembly, one is cantonal chief's home should be used as a polling place. struck by the fact that, except for six members, all o~r law makers are officials who have been detached to serve m the Soch!te indigene de prevoyance ( S.I.P.) (Indigenous Pro­ Assembly (see annex I). Moreover, they are all members vident Society). The Provident Society, which has up till now of either the Parti togolais du progrcs or the Union des chefs been used by the Administration to support the candidates et des populations du Nord. The President of the Assembly, of its choice, should take no part in the organization of Senator Robert Ajavon, is a naturalized French citizen. the elections or in the actual ballot. In particular, all action Mr. Robert Wilson, an African doctor and treasurer of the on requests for loans and the granting of financial benefits Legislative Assembly, is also a naturalized French citizen. should be suspended throughout the electoral period. The Mr. Frederic Brenner, former General President of the use of vehicles belonging to the Provident Society or the Parti togolais du progn!s, head railway stationmaster and Administration in general should likewise have no connexion, Chairman of the Internal Affairs Committee of the Legislative direct or indirect, with the electoral campaign. Assembly, is also a naturalized French citizen. Polling places. It is common knowledge that if the polling The members of the Legislative Assembly receive total places are not watched by representatives of the candidates monthly emoluments amounting to 85,000 francs CFA or the results may be open to dispute. The law provides that 170 pounds sterling per month. It may be noted, by w~y two such representatives should be present, one observer and of comparison, that the parliamentarians of Ghana are paid one alternate for each list or candidate, but the choice of these 80 pounds sterling per month, or 40,000 francs CFA. !he representatives is limited by the fact that"only those who can President of the Legislative Assembly, of Togoland receives read French and are registered on the electoral roll of the 70,000 francs CFA per month in addition to his parliamentary election district can be appointed as representatives of candi­ salary of 180,000 francs CFA, so that his total month!Y sala~y dates. There are 459 polling places in the Territory and it is amounts to 250,000 francs CFA or 500 pounds sterling; this therefore almost impossible for the candidate to find repre­ represents 6,000 pounds sterling per year. By way of compa­ sentatives who fulfil both requirements. It is especially rison, Dr. Nkrumah, Prime Minister of Ghana, receives a difficult to find such representatives in the northern part of salary of 3,600 pounds sterling per year. Mr. Robert Aj~von, the country, where hardly 2 per cent of the population can President of the Assembly, is also housed at the Administra­ read French. We therefore propose the adoption of what was tion's expense. Is it surprising then, that the Territory's done in Togoland under British administration and is now administrative apparatus is too costly and that Togoland being done in Ghana, namely, that the candidate should be cannot balance its budget without a subsidy from France? permitted to choose representatives from any part of the The Togoland Minister of Finance, in his explanation to Territory to serve in any electoral district on the single condi­ the Assembly of the act of March 1957 authorizing three tion that they be able to read a European or vernacular supplementary monthly credits (douziemes prorisoires), himself language. said : "We should not hide from ourselves the fact that the In conclusion, the Government and the local Administra­ administrative apparatus which we have inherited is manifestly tion must maintain an attitude of absolute neutrality and out of all proportions to our present resources and that this must decide, once and for all, that it whill show complete heritage is nothing but the result of a quite abnormal period impartiality in electoral matters and require all its represen­ of prosperity during the years 1954 and 1955." tatives, from the highest to the lowest, to obey this rule. District Councils ( conseils de circonscription). The conseils de circonscription were created in order to enable the local Structure of the Administration communities to manage their own affairs. The administrative circonscriptions were granted corporate status and the manage­ The Council of Ministers. This Council is made up of ment of their property was assigned to the conseils de. cir­ nine members. Three of these Ministers, Mr. Nicolas Gru­ conscription, whose powers, if they had in fact been effectively nitzky, Mr. Mama Fousseni, and Mr. Emmanuel Fiawoo, exercised would no doubt have enabled our countrymen both are members of the Togoland Legislative Assembly. The to partici'pate in the management and effectively to administer others were appointed from outside the Legislative Assembly. the property of their circonscriptions. But in practice ~he The following Ministers were either active or supernumerary conseils de circonscription have been only a facade, behmd officials before their appointment: Mr. Nicolas Grunitzky, which the all-powerful commandant de cercle continues to the Prime Minister, Mr. Mama Fousseni, Minister of the direct all the affairs of the circonscription of which he is the Interior, Mr. Apedo-Amah, Minister of Finance, Mr. Leonard supreme head. The elections to the conseil de circonscr{ption Ywassa, Minister of Labour and Education, Mr. Antoine are conducted in two stages. In the first stage, the village Meatchi, Minister of Agriculture and Stock Breeding and chiefs elect the final electors; the latter, on being convened Mr. Richard Johnson, Minister of Public Health. Two by the commandant de cercle, elect the members of the conseil Ministers are Frenchmen: Mr. Lubin Christophe, Minister de circonscription. The Council itself meets twice a year to of Planning and Public Works, and Mr. Pierre Schneider hear a report on its draft budget by the commandant de cercle, Minister of Trade and Industry. Mr. Lubin Christophe i~ who prepares and carries out this budget. The role of the the owner of an undertaking which constructs roads, bridges council members is confined to making suggestions to the and buildings in Togoland. He is also the owner of a soap commandant de cercle, who is not bound to adopt them. Once and perfume factory and an associate in an another company the budget has been established, the members of the council manufacturing soft drinks and mineral water. Mr. Pierre take no part in carrying it into effect. Thus, our compa­ Sc~neider is the agent o~ a French import and export corpo­ triots have no opportunity, at the circonscription level, to ratiOn, the C.I.C.A., wh1ch also does business in the Ivory learn the art of directing and controlling public affairs, at Coast and Dahomey. an art which should prepare them for the more important Mr. Emmanuel Fiawoo is a commodities buyer and responsibilities of the future. (See, in annex II, two records ~ccording to our information, is the only African holding a~ of the deliberations of the conseil de circonscription of Lome.) Interest in !h~ Al

~· and that committees should be established within them, the Visiting Mission. In 1956, these African officials, Mr. An­ especially a standing committee to ensure that the decisions kou and Mr. Aithnard, did in fact cease to act as assistants to of the conseil de circonscription are duly carried into effect. commandants de cercle and resumed their duties as clerks in It is also important to make a special effort to fill these councils two offices at Lome, the Planning Office and the Water and with competent men and, with that end in view, to hold courses Forests Office. for the elected members who are called upon to direct and During the current month, several persons have again supervise the affairs of the circonscription. In other words, been appointed as assistants to the commandant de cere/e. it is not enough merely to prepare a fine decree concerning All the Africans so appointed are either clerks or teachers who, the establishment and the functions of conseils de circonscrip­ aside from the fact that they lack the necessary training, do tion and then to hold elections in which illiterate village or not even have the professional experience which is indispen­ cantonal chiefs are returned, thus enabling the commandant sable for this work. de cercle to continue to direct the affairs of the circonscription. Here is the list of these Africans, as published in the Togo What is required is to transform these institutions into republicain of 29 May 1957: realities. Comlavi Hilaire Byll, of the cadre superieur of the Togoland Municipal Councils. We still have in Togoland conseils Customs Service; municipaux du troisieme degre. The councillors are not elected by universal suffrage. The commandant de cercle is the Emile Pascal, chief clerk, cadre superieur, of the Togoland Mayor or Chairman ex officio. He prepares the commune's S.A.F.C.; budget, then convenes the councillors twice a year in order Victor Dagba, teacher, cadre superieur, Togoland Primary to submit the draft and the final budget to them. The coun­ Education Service; cillors do not receive copies of the draft budget in advance, Emmanuel Akoutan, assistant teacher, cadre superieur, or even at the meeting. The Administrator-Mayor informs Togoland Primary Education Service. them of it by reading it at the meeting and the councillors These appointments or promotions seem to have been made must approve these drafts without having themselves studied to convince the present Commission, on its arrival in the them. Thus the consideration given the communal budget territory, that these are Africans exercising authority. But is so superficial that it cannot honestly be stated that the since the Africans who have thus been appointed do not councillors are responsible for it. The observations we have have the necessary minimum qualifications, they will also made on the subject of the conseils de circonscription are shortly be replaced by Europeans on the simple grounds of equally applicable to the municipal councils, which today incompetence. And the Europeans will then say that this is are a mere pretence. No effort is made to train the persons proof that the Togolanders are not yet ready to govern elected in the way that was done, for example, in Ghana when themselves. the English decided to grant that country independence or Yet we have many young Togolanders who have completed self-government. It is inadmissible that real and effective their studies in France but are forced to leave the country responsibility should be given to Africans at the highest to find employment. The Administering Power continues in echelon, that is to say at the ministerial level, while in the various fields to erect a facade which will some day collapse municipal councils and conseils de circonscription Africans but which meanwhile does us a great deal of harm. Only have only consultative functions. in the field of health do competent Africans really occupy We said above that the municipal councillors are elected, responsible posts in the Administration. We are not referring but the commandants de cercle have assumed the right to to the Ministers who have just been appointed and among suspend members whom they find irksome. At Palime, whom there are indeed Africans who occupy positions of for example, the commandant de cercle refused for several political authority. In the other departments of the Admi­ months to call Chief Apetor II to the regular meetings of the nistration, such as the Treasury, the Postal and Telecommu­ municipal council; at Tsevie, the commandant de cerc/e has nications Service, Railroads, Public Works and Education, suspended Chief Seth Passah and no longer calls him to the the Africans occupy only subordinate positions. council's meetings. At Lome itself, Mr. Moussa Kona, a Perhaps after we achieve real independence we will be able municipal councillor, was suspended by the Administrator­ to Africanize our administrative cadres. Mayor for no valid reason. Africanization of cadres. We have always desired and vigorously advocated the Africanization of the administra­ K. MEMORANDA PRESENTED TO THE COMMISSION tive cadres, which is the only guarantee of genuine self-govern­ BY THE MOUVEMENT DE LA JEUNESSE TOGOLAISE (JUVENTO) ment or independence. However, the method adopted by the Administering Power for recruitment and promotion to the I. The Autonomous Republic of Togoland to continue to posts hitherto occupied by Europeans does not seem effec­ enjoy the benefit of the provisions of the Act of 30 April tive. Instead of appointing African officials, either after 1946 relating to the establishment, financing and execution competitive examination or on the basis of educational of plans for the equipment and development of the terri· qualifications, several appointments have been made for tories which are within the competence of the Ministry reasons which have nothing to do with the competence of the for Overseas France. appointee. This is especially true of the appointment of Africans as assistants to commandants de cercle. In 1952, shortly before the arrival of the Trusteeship Council's Visiting Mission, Governor Pechoux appointed Raymond Ankou, Under article 36 (now article 35) of the Statute of the Auto­ an Administration clerk at Palime, as assistant to the com­ nomous Republic of Togoland the latter "shall continue to mandant de cercle at Klouto, while Mr. Paulin Aithnard, a benefit from the provisions of the Act of 30 April 1946 estab­ clerk in the Lome Political Office, was appointed assistant lishing the Investment and Economic and Social Develop­ to the commandant de cercle at Tsevie. In the memorandum ment Fund" (Fonds d'investissement et de developpement we sent to the Visiting Mission at the time we pointed out that economique et social) (FIDES). these Africans were not really assistant administrators, since As indicated by the title of that Act and by the provisions their pay and other privileges remained those of Administra­ of its article 1, FIDES is intended exclusively for the territories tion clerks, and that they had been appointed solely to deceive within the competence of the Ministry for Overseas France, -90- that is, the territories forming an integral part of the French For economic integration is synonymous with political Republic in conformity with article 60 of the French Consti­ integration. The best proof of this is that if the Statute of tution.10 Togoland had not reserved a number of political powers Moreover, whereas according to paragraph 2 of the said to the French Republic, the provisions of the new article 35 article the object of the social development plans is to "satisfy (formerly 36) would have operated to rectify the omission. the needs of the indigenous populations and create the condi­ The continuance of FIDES is accordingly proof of the inte­ tions most favourable to their social advancement", the gration of Togoland in the French Republic. economic development plans are established, in harmony For this reason, now that everybody is agreed on seeking with those of the Commissariat general du Plan, "to contri­ means of creating the conditions of true self-government, a bute to the execution of the programme for the development plan of economic assistance compatible with the autonomy, of the economy of the French Union, both at the metropolitan indeed the early independence of Togoland, should be studied level and at the level of international exchanges ". forthwith. In plain language, this means that the plans for the economic Since this is specifically a United Nations Trust Territory development of the territories eligible for the benefit of on the eve of its independence, the specialized agencies of the FIDES are established with a view to the economic integration United Nations would seem to be the proper organs to lend of those territories in the French Union, or rather, in the assistance. Their experts would draw up a development and French Republic inasmuch as only the territories forming investment plan on the basis of a complete and detailed an integral part of the French Republic are within the com­ economic inventory, taking into account the natural, present petence of the Minister for Overseas France. and future inter-dependence of the territory with other Hence, FIDES is not what one might think at first glance countries, more particularly those of Africa. - a mere economic aid to an under-developed country according to the conception of the United Nations - but II. Concerning the maintenance of the Assembly constituted rather a system of colonization in the primary sense of the on the basis of the elections of 12 June 1955. word. Besides, the powers vested in the Minister for Overseas France under article 2 of the Act of 30 April 1946 for the Under the provisions of article 42 which became article 40 purpose of the preparation and execution of these plans do of the Statute of the Autonomous Republic of Togoland, the not allow for any form of autonomy on the part of the bene­ Territorial Assembly functioning before the said Statute ficiary territories. became operative has become the Togoland Legislative Not only is it in no way proved that economic integration Assembly. within the French Republic is the best means of promoting These provisions are in direct contradiction with the pre­ the full development of the territories in question, but it is cedent established by the order of 4 May 1955 dissolving the also doubtful whether many countries would accept such a Territorial Assembly, which had been elected for a five-year form of "colo~ization" as the counterpart of economic aid, term on 30 March 1952, and recommending new elections however extensiVe. for 12 June 1955, in application of article 32 of the order of 25 October 1946 establishing a representative assembly in In paragraph 123 of its report (T/1206) the United Nations Special Visiting Mission to Togoland, 1955, stated: Togoland. They depart also from the rule laid down in article 6 of the "123. Though Togoland under French administration Statute itself, namely, that the Togoland Legislative Assembly is considerably larger, both in area and in population, is elected by universal suffrage, since the Territorial Assembly than Togoland under British administration, its recent was elected by a restricted number of voters. notable progress in the fields of communications, education, · medicine and social services have been financed very largely They constitute, moreover, a flagrant violation of the most by aid received from France. It seems hardly likely that elementary principles of law in general and of constitutional Togoland under French administration would be able, law in particular, at least as they are taught in French univer­ as a separate independent State, to finance the present rate sities, having regard to the following facts : of its development or progress, and the Mission therefore (1) The law of 16 April 1955, which had established the considers that its future progress would be best ensured Territorial Assembly that was functioning before the Statute by its association with a larger unit. However, it would came into force and which had fixed the length of its term be for the people of the Territory to express their wishes of office, was specifically repealed by the order of 24 August finally in this matter, when the time comes, if they ulti­ 1956. Normally that should have terminated the Territorial mately decide to terminate the association of Togoland Assembly's term of office. under French administration with the French Union." (2) For the restricted number of voters who elected the Such a point of view has surely not taken into consideration said Territorial Assembly, the order of 7 July 1956 substituted the forms and conditions of what is generally termed "aid an electoral list constituted on the basis of universal direct received from France". In any case it ignores the dangers suffrage for all adults. Such a measure should likewise have of integration underlying the unions (e.g., the Administrative terminated the Territorial Assembly's term of office. Unions) - unless, of course, the members of that United But that is not all. The elections of 12 June 1955, whose Nations Visiting Mission consider that no independence is result was to continue the existence of the Territorial Assembly possible for the under-developed countries, just as some in the form of the Legislative Assembly, were approved by believe that independence is only possible for the five Great a document which seems to have been issued in irregular Powers. circumstances. Indeed, the law of 16 April 1955, which established the new territorial institutions in Togoland, had clearly stated 1 ° French Constitution of 27 October 1946, article 60: The French that the Assembly elected on 30 March 1952 was to be main­ Union shall be composed, on the one hand, of the French Republic which comprises metropolitan France and the overseas departments tained. Article 73 of that law makes the following provisions : and territories, and, on the other hand, of the associated territories "As a temporary measure, the first elections and nomi­ and States. nations of Government Council members shall take place -91 during the first meeting of the Assembly following the date defective, it would be a misuse of our political autonomy of promulgation of this law. These members shall perform not to replace it. their duties until half of the time still remaining in the We shall appeal once again to the United Nations. Our Assembly's mandate has elapsed." new electoral system must be patterned entirely on that applied This corresponds closely to the provisions of articles 5 and in British Togoland for the United Nations plebiscite. 7 of the said law limiting the length of the Councillors' mandate Furthermore, since the party now in power cannot be to half that of the mandate of the Assembly members. expected to change its ways overnight, nor the opposition The order of 4 May 1955, although issued in application parties to have complete confidence in the Administering of article 32 of the order of 25 October 1946, manifestly Authority's representatives, and considering the interests at runs counter to the provisions of article 73 of the law of stake, it would be advisable to appeal to the United Nations 16 April1955. for arbitration. Lastly, it is no secret to anyone that these elections of 12 June 1955 were invalidated by fraudulent acts and restrictions on L. MEMORANDUM PRESENTED TO THE COMMISSION political liberties which eliminated the opposition political BY THE MOUV EMENT POPULAIRE TOGOLAIS (MPT) parties and placed in power an Assembly of wrongfully elected members who do not represent the country.U Lome, 2 June 1957 The foregoing reproaches would in the past have been ample justification, at least at the time the new Statute was The Executive Committee of the Mouvement populaire applied, for the dissolution of the Territorial Assembly, if togolais only to put an end to the methods of what would thus have to become the old regime. However, they grow more serious The Chairman of the United Nations Visiting Mission day by day because of the causes for discontent furnished by the Legislative Assembly and the Government of the Sir, Autonomous Republic of Togoland to those they claim to represent. Your visit to Togoland gives us a further opportunity to describe the political situation in our country to you and to The opposition parties especially accuse them, inter alia : tell you once again what our aspirations are. (l) Of supporting by all means at their disposal the French Our statement will be brief as Dr. Andre Akakpo, our Republic's request for terminating the Trusteeship Agree­ representative to the United Nations, has already set out our ments, whereas Togoland has not yet acceded to independence views at length in the Fourth Committee at its last session. nor even to real self-government; You will thus be quite familiar with the Togoland question. (2) Of behaving exclusively as the representatives of the clientele, not to say the profiteers, of the colonial regime; 1. Continuance of trusteeship thus they engage, for their party's benefit, in corruption and We press for the continuance of United Nations Trusteeship fraud and commit arbitrary acts, just as the former colonial over our country. Its termination in the present circumstances administration did (annex I); would be premature since the goal fixed by the Charter and the (3) Of ruining the country by senselessly squandering the Trusteeship Agreements has not yet been reached. Trusteeship public funds at a time when the financial situation is the most affords us strong protection and with it we will more easily critical ever experienced (annex II); and more surely attain our independence. Its termination (4) Of undertaking only those projects that aid their should coincide with our accession to independence. propaganda and involve manipulation of large public funds, 2. The new Statute while deliberately disregarding all reforms that have only the merit of being useful, such as reforms for the promotion The Statute which has been granted is insufficient for the of customary institutions, primary education with a view to purpose of termination of trusteeship. France has reserved incorporating the vernacular languages, mass education, for itself a large number of important powers - dealt with apprenticeship, re-education centres for juvenile delinquents, in part V of the Statute - the exercise of which constitutes recruiting agencies for our young university graduates (annex real sovereignty. III); Thus, little or no autonomy is granted to Togoland under (5) Of keeping the masses in ignorance by depriving them the Statute. · of fundamental political liberties, and, even worse, of mislead­ It is unnecessary here to deal at greater length with the ing them through false information (annex IV). Statute as you are perfectly familiar with it, having studied For all these and many more reasons, it is imperative that it conscientiously in the United Nations, article by article, the Togoland Legislative Assembly be renewed. And since line by line, word by word. Having heard you discuss it the electoral system so far in force, whose sole merit was that last January at the last session of !the [Fourth Committee it was similar to that employed in France, has proved to be of the United Nations General Assembly, we know that you have a thorough knowledge of its terms. Little though it is, what we are granted under the Statute 11 This situation is not confined to Togoland. It is present in the nevertheless represents a great step forward on the path to French Union and inherent in the French colonial system. Here our independence. But the Statute has not been applied is how Mr. Soustelle, Governor-General of Algeria, in his report democratically, fairly and honestly; it is being applied under to the French Government, judged the Algerian elections and the worst and most undemocratic conditions possible : a Assemblies: new Assembly has not been renewed by universal suffrage, "The pseudo-elected, at present known as the 'prefabriques', municipal elections have not been held, and so forth. were put in office through fraudulent elections, and are in most cases illiterare and frequently dishonest. They represent no one 3. Renewal of the Assembly and nothing, exert no infl.uence in their districts .. : . !her~ have been few errors more tragic than that of paradmg m tnumph The Assembly was not first renewed by means of elections people who are discredited and devoid of intellectual or moral by universal suffrage as prescribed by the Statute· itself and worth." later recommended by the United Nations General Assembly. -92- In the Cameroons, French Equatorial Africa, French West 7. United Nations supervision over any popular consulta­ Africa and Madagascar, the application of the provisions of tion designed to decide the fate of our country on the inter­ the loi-cadre was preceded by elections by universal suffrage. national plane, as was done in the case of West Togoland. In Togoland, the Administering Power merely renewed the The last four of these, if applied in our country, will settle old Assembly which had been elected by restricted suffrage almost the entire Togoland problem. in disputed elections. Why is Togoland the only exception? Mr. Chairman, your responsibility is very great. The manner 4. Municipal elections in which the problem of East Togoland is settled will deter­ mine the fate and freedom of the other Trust Territories which The municipal elections which should have been held since 28 October 1956 have still not been held. In the Came­ are the responsibility of the United Nations. We are sure that roons, French West Africa, French Equatorial Africa and the made-to-order demonstrations and the festivities will not Madagascar, municipal elections have already been held since impress you at all and that, as statesmen, you will concentrate your attention primarily and exclusively on the contents of 28 October 1956 as prescribed by the Act passed in the French Parliament for the establishment of communes de plein exer­ the Statute and its application in the country. It is this alone cice, but in Togoland these elections were first postponed for which will receive your attention, not the outward display. six months, until 28 April 1957 and then, as that date drew You will have in the forefront of your mind at all times the near, were again postponed sine die by the Togoland Govern­ freedom of a large number of territories with their millions ment. Why is Togoland again the only exception? and millions of people who must at all costs be rescued from slavery. It is extraordinary that the Parti togolais du progres which claims to be the majority party should be afraid of elections. We thank you for the kind attention you have given our statement and hope that this country's desire for independence As things stand here, it is as though the Administering will be taken into consideration by the United Nations. Authority wants the situation to be such that with the other political parties out of the way the leaders of the Parti togolais du progres should alone be in power and should alone possess authority and all the physical means needed to stifle the legi­ M. ACT OF 6 JUNE 1957 CONCERNING THE CIRCUMSTANCES timate aspirations of the people and make the referendum IN WHICH THE LEGISLATIVE ASSEMBLY MAY BE DISSOLVED a success. Article 1. The Legislative Assembly may be dissolved only The Municipal Council of the capital has just resigned in by a decree of the Prime Minister made in Council of Ministers protest against this state of affairs. in accordance with the following provisions. 5. Lack of political freedom Article 2. If, in consequence of the adoption of a motion The present system has done little to improve the situation of censure in the circumstances contemplated in article 20 from the point of view of political freedom and freedom of of the Decree of 24 August 1956, the Legislative Assembly expression and assembly. decides to remove the Prime Minister from office, the Prime At Lome, public rallies can be organized without difficulty. Minister shall immediately submit his resignation to the High However, as the distance from the capital increases, the Commissioner unless, within the two days following the nationalists encounter increasing difficulties. adoption of the motion of censure, the Prime Minister decides to dissolve the Assembly. The technique employed is the same as before. The Village and Cantonal Chiefs, who are the henchmen of the Administra­ In this event the Legislative Assembly may not be dissolved tion, i.e., in reality government officials, are secretly ordered until after the beginning of the third year following its entry by the authorities to prevent the nationalist parties from orga­ into office or unless an earlier ministerial crisis has occurred nizing rallies or meetings in the villages. Outside the chief since such entry into office. town of the Territory public freedom does not exist. Villagers Article 3. If at the beginning of its term of office the who dare to express their thoughts freely or to attend nationa­ Legislative Assembly successively refuses to invest three list rallies or meetings risk being bullied or whipped by their persons designated as Prime Minister by the High Commis­ chiefs. In this way their will is broken and their personality sioner, or if, after a ministerial crisis has been provoked by the stifled. adoption of a motion of censure, the Assembly refuses to 6. Electoral lists invest two persons designated as Prime Minister by the High Commissioner, the Prime Minister in office before the election We also protest against the falsified electoral lists from which of the Legislative Assembly or the adoption of the motion the names of a great many Togoland voters are systematically of censure may dissolve the Assembly. The decision to dissolve omitted but which contain many fictitious or foreign names. the Assembly shall be taken within the two days following To sum up, we ask for the following: the last refusal of the investiture. 1. Continuance of trusteeship in our country until we Article 4. If the dissolution is ordered by a decree of the achieve our independence. Prime Minister made in the circumstances described in the 2. Independence for our country, for which we ask the foregoing articles, the decree ordering the dissolution shall United Nations and the Administering Authority to fix the be communicated to the President of the Assembly immediately date at the forthcoming session of the United Nations. and published within three days in the Journal officiel of the 3. Dissolution of the Assembly, which was not elected by Autonomous Republic of Togoland. The Prime Minister universal suffrage. and the Ministers shall remain in office until a new Prime Minister is appointed in the manner prescribed in article 19 4. Political freedom, so that the regime may be truly demo­ of the Decree of 24 August 1956. cratic. The election of the new Assembly shall take place not less 5. Revised and correct electoral lists, so that suffrage may than thirty and not more than forty-five days after the disso­ be truly universal. lution. The date of the election shall be appointed by the 6. Free elections. decree ordering the dissolution. 93- N. THE TOGOLAND GOVERNMENT'S POSITION (a) Non-validity of the 1955 elections AS REGARDS A DISSOLUTION OF THE LEGISLATIVE ASSEMBLY The elections have never been pronounced invalid either The Togoland Government's position as regards a disso­ by the competent legal authorities or by national or inter­ lution of the Legislative Assembly has been stated on many national tribunals. On the contrary, if it is maintained that occasions before international and national tribunals. the 1955 elections were not valid, this would render null Although the recommendation by the United Nations General and void the Statute drawn up by the Assembly elected in Assembly makes a distinction between the mission entrusted 1955. to the fact-finding Commission and the question of a disso­ It might even be argued that the United Nations General lution of the Assembly, the Togoland Government, being Assembly, by accepting the Togoland Government's invita­ anxious to supply the Commission with the maximum infor­ tion, has implicitly recognized the validity of those elections. mation on the application of the Statute, wishes to reply as fully and clearly as possible to the question put by Mr. Lan­ nung, even if some of the matters raised are not directly (b) Non-representation of the opposition connected with the application of the Statute. This ground has never been invoked in the case of any 1. The question whether or not there are grounds for sovereign State, or any State Member of the United Nations. dissolving the Legislative Assembly and holding fresh elec­ It is therefore inconceivable that it should be invoked against tions is one which the Togoland authorities alone are compe­ a former Trust Territory. tent to decide. Any prerogatives which the French authorities The most important consideration is the reason why the may have enjoyed in this matter were transferred to the Togo­ opposition is not represented in the Legislative Assembly. land authorities by the Decrees of 24 August 1956 and The reason is that it deliberately decided to have nothing to do 22 March 1957. with the Assembly. It refused to, just as it refused to par­ The Statute, in fact, lays down that the Legislative Assembly ticipate in the referendum, preferring a policy of abstention. shall be elected for five years (article 6, paragraph 2). It It would be neither democratic nor loyal to make the majority further states (article 40) that the Territorial Assembly in responsible for wilful abstention by the opposition. existence on the date of the publication of the Statute shall become the Legislative Assembly for a period which shall (c) Need for a Legislative Assembly elected by universal not exceed the term for which it was elected as Territorial suffrage in accordance with the Statute Assembly, that is, five years from the date of its election. It is, therefore, for the Legislative Assembly alone to decide, Recognition of the validity of the Statute should not be should the need arise, that the duration of its powers shall accorded to one provision in preference to another. The be less than five years, if it believes it necessary to take such Statute states in fact not only that the Legislative Assembly a view. shall be elected by direct universal suffrage, but also that 2. Furthermore, dissolution in the proper sense of the word the powers of the existing Assembly shall be continued, as may only be decided on by the Prime Minister in the circum­ has been the case in certain States passing from semi-indepen­ stances laid down in article 13 of the Statute, that is, in the dence to independence (Ghana, for example). conditions fixed by the Legislative Assembly. The draft Furthermore, it seems hardly logical to require that a adopted by the Assembly became the Law of 6 June 1957 and Trust Territory attaining self-government should have the contains the following provisions on the matter : dissolution same institutions as States Members of the United Nations is only possible in the event of a ministerial crisis and if it or countries attaining independence. Several of those States takes place after the beginning of the third year following the did not have universal suffrage at the time they attained inde­ commencement of the Legislative Assembly's term of office, pendence, and some of them do not even have it now. or if there has been a prior crisis since the commencement of that term (article 2). Dissolution is also possible if the Assem­ Lastly, the referendum of 28 October 1956 shows that bly refuses to recognize as Prime Minister three or two persons universal suffrage, as established by the new electoral law, nominated for the office by the High Commissioner, depend­ has confirmed the results of the 1955 election. Even if all ing on whether the nomination is made at the commencement those who failed to vote had been counted as supporters of the of the Assembly's term or after a ministerial crisis. None opposition (which is certainly not the case), the final over-all of those conditions exist at present. result would not have been much different. The Legislative Assembly is truly representative of the majority opinion in the 3. From the foregoing, it follows that the Togoland country. Government has no legal grounds for taking a positive attitude towards a dissolution of the Assembly. None of A young country in process of building up its new political the conditions laid down by the Law of 6 June 1957 have system needs peace and public order. been fulfilled, and the Legislative Assembly has not voted During recent years, there have been many more elections any law reducing its term to a period of less than five in Togoland than in the democratic countries, and they have years. always been accomplished by disorders prejudicial to the 4. The Togoland Government is not content to justify democratic development of the country. The Prime Minister, its attitude merely on strictly juridical grounds, although it anxious for the support of the entire population in the furthe­ believes its position in this respect to be unassailable. rance of his efforts, has repeatedly appealed to the opposition to assist in the common task. The opposition, however, has Dissolution of the Legislative Assembly is not a measure always pooh-poohed these offers, not only when the Togoland which it would be prudent for the Togoland Government to Government was established last September, but also more propose, and it has no intention of submitting the question recently when the United Nations fact-finding Commission to a vote by the Assembly (in the form of a bill to reduce arrived. What is more, it is continually threatening and the term of the existing Assembly). insulting established authority in Togoland. A new Legisla­ What, in fact, are the arguments advanced by those tive Assembly could not possibly be elected at the insistence who, in Togoland itself or abroad, are in favour of disso­ of an opposition which, at present, boycotts the Govern­ lution? ment. -94- 0. THE PARIS AGREEMENTS (in application of article 31 of the Statute) annexed to this proces-verbal. (i) Proces-verbal VI. Co-ordination of administrative action of the conclusions adopted during the conversations of 15 November 1956 between Mr. Gaston Defferre, Minister The officials of the Service of General Co-ordination of for Overseas France and Mr. Nicolas Grunitzky, Prime Administrative Action will be : Minister of the Autonomous Republic of Togoland, and (a) Appointed by the High Commissioner in agreement attended by Mr. Berard, High Commissioner of the French with the Prime Minister; Republic to Togoland, Mr. Ajavon, President of the Legisla­ (b) Given performance ratings first by the Prime Minister tive Assembly of Togoland, Mr. Pignon, Director of Political and then by the High Commissioner. Affairs, Mr. Spenale, Director of the Office of the Minister for Overseas France and Mr. Riga!, Secretary-General. These provisions will be embodied in the administrative regulations referred to in article 31 of the Statute. I. Exchange of correspondence In matters within the competence of the Autonomous Republic of Togoland these officials will receive their orders The Prime Minister of the Autonomous Republic of Togo­ from they Prime Minister. As they represent all the Ministers land (but not the other Ministers) will correspond directly in their circonscriptions, they will co-ordinate the action of with the Minister for Overseas France (to the exclusion of the all Togoland services there. The conditions of their action other metropolitan ministerial departments) on all matters within this framework will be defined by orders (arretes) of within the competence of the Togoland Government. Copies the Prime Minister. of this correspondence will be transmitted to the High Com­ missioner. VI. Emblems The Prime Minister will communicate directly with the Only the official emblem of the French Republic will be High Commissioner on all matters within the competence of the central organs of the Republic. displayed on buildings under the jurisdiction of the French Republic. The same principles will apply with respect to correspon­ Only the official emblem of the Autonomous Republic dence with the Heads of Territories under the Minister for of Togoland will be displayed on buildings belonging to the Overseas France. Autonomous Republic and the co-ordination services. II. Radio telecommunications The same principles will apply with respect to official vehicles. It is also stipulated that the vehicles of chiefs of The Autonomous Republic will retain, in conformity with administrative circonscriptions will display the emblem of the the letter of the Statute, the radio broadcasting and tele­ Autonomous Republic of Togoland. communications station of Lome. When the High Commissioner proceeds unaccompanied Its participation in a central postal, telephone and tele­ to an official meeting, the flag of the French Republic will graph office to be established will later be the subject of alone be flown. conversations with a view to concluding an agreement with When the Prime Minister or a Togoland official entitled that office. to honours proceeds unaccompanied to an official ceremony, Possible relations between the Lome station and SORAFOM the flag of the Autonomous Republic will alone be flown. may also be the subject of an agreement with that body. When the High Commissioner and the Prime Minister or a Togoland official entitled to honours both attend an official III. FIDES ceremony, the emblems of the French Republic and the The Prime Minister of the Autonomous Republic of Togo­ Autonomous Republic will both be displayed. land will be the authorizer (ordonnateur) of funds for the local section of FIDES. VIII. Passports The Togoland Government will be responsible for drawing Passports will be issued to Togoland citizens by the services up the programme of the local section of FIDES in consulta­ of the High Commissioner on the recommendation of the tion with a mission sent by the Minister for Overseas France Prime Minister (in no case will a passport be issued over the to furnish information and technical advice on investments objection of the High Commissioner or the Prime Minister). made with FIDES credits. The issue of entry visas will be authorized by the Prime The decisions of the Executive Board of FIDES commu­ Minister after consultation and in agreement with the High nicated by the Minister for Overseas France to the High Commissioner. Commissioner will be rendered enforceable by orders issued jointly by the High Commissioner and the Prime Minister. IX. Deportations So long as the Trusteeship System remains in force, orders IV. Security for the deportation of aliens will be made by the Minister The question of security forces is dealt with in an annex. of the Interior and rendered enforceable by the High Com­ missioner. V. Customs and customs control X. Official publications This question was resolved during the conversations of 19 October 1956, the proces-verbal of which is annexed. The Space will be reserved in the Journal officiel of the Auto­ Customs Control Service is to place its visa on foreign trade nomous Republic of Togoland for the Acts of the French and foreign exchange documents. The Customs Control Republic. Service will ensure the application of customs regulations. Any disputes between the Customs Service and the Customs XI. Budget Control Service will be settled in accordance with the pro­ The French Republic will cancel the budgetary deficit of visions of the preliminary draft administrative regulation previous years. -95- The Autonomous Republic will make every effort to The Inspectorate of Labour will also have a general role ensure a balanced budget. of adviser in regard to employers of salaried workers and to • • the Togoland Minister of Labour. The Inspectorate of Labour will give the Togoland Minister of Labour technical The following documents are annexed to this proces-verbal: advice in this connexion. It is desirable that the Inspector 1. Scheme of organization and use of the Gendarmerie of Labour should act as technical adviser to the Togoland du Togo. Minister of Labour when the latter so requests. 2. Preliminary draft of an administrative regulation defin­ C. Application of principles ing the manner in which the High Commissioner may exercise his powers in his capacity as the representative of the French For the application of the principles stated above, it is Government and as the head of the civil service departments understood that : financed from the French budget. 1. The Minister of Labour or his representative will preside 3. Proces-verbal of the meeting of 19 October 1956. over all committees or administrative bodies and in particular over: 4. Preliminary draft of a joint order (arrete') defining the The Labour Advisory Board; powers of the chiefs of administrative circonscriptions with respect to the co-ordination of the services of the French The Technical Committee on Health and Safety; Republic and of the Autonomous Republic of Togoland. The Administrative Board of the Manpower Office. He will appoint the members of these bodies in accordance (Signed) N. GRUNITZKY with the regulations in force. (Signed) G. DEFFERRE It is understood, however, that the Inspector of Labour (Signed) Dr. R. AJAVON is to be an ex officio of these bodies; 2. The Inspectorate of Labour will exercise the conciliation functions defined in articles 209 et seq. of the Labour Code. (ii) Proces-verbal Its competence in this field does not exclude the conciliation of the meeting of 19 October 1956 functions which the Minister of Labour and the Inspectorate of Labour are normally called upon to exercise otherwise At the meeting of 19 October 1956, which was attended than under the above-mentioned legislative provisions; in this by: latter field the Inspectorate of Labour will act in close co­ Mr. Berard, High Commissioner, operation with the Minister of Labour who is responsible Mr. Grunitzky, Prime Minister of the Autonomous Repub­ for directing this work; lic of Togoland and Mr. Ajavon, President of the Legislative 3. The list of experts referred to in article 211 of the Labour Assembly, Code will be drawn up by the Togoland Minister of Labour. Mr. Riga!, Secretary-General, and Mr. Paillere, Director The assessors of the Labour Court (article 184 of the Labour of the Office of the High Commissioner, and by Code), on the other hand will be appointed by the High Mr. Megret, Technical Advisor to the Minister for Overseas Commissioner, as will the assessors of the Central Arbitration France, Court (article 216 of the Labour Code), since these bodies have the status of courts under French law; it was decided to submit to the Minister for Overseas France the following proposals which seem likely to remove certain 4. The powers conferred upon the Inspector of Labour difficulties relating to the application of the Decree of do not exclude any others that the Togoland Minister of 24 August 1956 setting forth the Statute of Togo land: Labour may see fit to confer upon him in agreement with the High Commissioner. I. Services of the Togo/and Ministry of Labour and the Inspectorate of Labour II. Police and security forces A. The Togoland Minister of Labour will be responsible A. The following forces will be controlled by the Togo/and for dealing with all questions of labour and manpower in the Government: territory of the Autonomous Republic within the framework Squads responsible for security in each administrative of the Act of 15 December 1952 establishing a Labour Code circonscription including Lome (now called squads of gardes­ in the Overseas Territories and without prejudice to the com­ cercle); petence of the French Inspectorate of Labour and Social Legislation. The administrative police : police commissioner, inspectors and agents; The Act of 15 December 1952 and labour regulations gene­ rally will be applied by the authorities of the Autonomous The railway police; Republic of Togoland. A mobile striking force based at Lome and intended to The labour and manpower services will be under the jurisdic­ act anywhere in the Territory. tion of the Togoland Minister of Labour. B. The following will constitute the French services: B. The Inspectorate of Labour will supervise the applica­ The judicial police and the service of judicial identity, on tion in business firms of the Act of 15 December 1952 and of the understanding that the Togoland police services may have regulations for its application. access to their records; For this purpose it will receive technical directives from the The service of general information (renseignements gbu!­ authorities of the French Republic (for the application of the raux); Act of 15 December 1952) and instructions from the authorities of the Autonomous Republic of Togoland (for the applica­ The frontier police; tion of regulations adopted under the Act of 15 December Forces of a military character: the gendarmerie, gendar­ 1952 and of any general regulations which might be adopted merie auxiliaries and supplementary forces on the one hand, on labour and manpower). and military forces proper on the other. -96- C. Methods of application 1t is understood, however, that if responsibility for admi­ For the application of the principles set forth above, it is nistering the funds of the local section of FIDES is vested stipulated that: in the Prime Minister, the decision of the Executive Board of FIDES communicated by the Minister for Overseas France The size of the forces will be fixed by the authorities con­ to the High Commissioner will be made enforceable by an . trolling them; order issued jointly by the High Commissioner and the Prime The gendarmerie forces in the cercles will continue to perform Minister. their present duties under the authority of the competent A Committee to furnish information and technical advice Togoland Ministers; on investments made with FIDES credits and responsible Half the strength of the gardes-cercle stationed at Lome to the Minister for Overseas France may be set up. will be placed at the disposal of the High Commissioner to form the nucleus of the supplementary gendarmerie forces referred to above; V. Assignment of and reporting on local agents of the Service of General Co-ordination of Administrative Action The question of quartering the supplementary gendarmerie forces and the mobile striking force has been held in abeyance. With respect to the local officials of the Service of General For the time being the existing barracks of the gardes-cercle Co-ordination of Administrative Action (commandants de will be used to house these forces which will, moreover, be cercle, assistant commandants de cercle and Subdivisional reinforced up to the maximum capacity of the barracks; Officers) it is understood that their appointment to these At the request of the Togoland Government, the gendar­ posts and their assignments will require the approval of the merie will continue to instruct Togoland security forces; for Prime Minister of Togoland. These officials will be given this purpose the instructors provided by the gendarmerie will performance ratings first by the Prime Minister, and then by possess the disciplinary powers connected with their functions; the High Commissioner. Preference will be given in the The external service of security forces (maintenance of selection of the chiefs of administrative circonscriptions and order, military ceremonial, etc.) will be performed under their assistants to officials of Togoland citizenship having the Togoland command; necessary qualifications. The conditions in which police officials act as officers of the judicial police will in no way be affected by the transfer of the VI. Division of buildings and vehicles between French and administrative police to the Autonomous Republic of Togo­ Togo/and Services land. The same applies to the use of police forces for the performance of judicial police duties. It is understood, (a) Buildings. It is agreed that a committee made up by however, that the French Government will endeavour to common agreement will make a final division of the buildings strengthen the judicial police service, inter alia, by transfer which are to house the services of the Autonomous Republic to it on full-time duty a number of qualified officials who in and its officials and those buildings which are to be reserved the performance of their functions will not wear uniform. for the French services and their officials. They may, if necessary, use the Togoland police forces in (b) Vehicles. Vehicles will be allocated in accordance with carrying out their duties. the following rule : vehicles at present assigned to services which, under the Statute, are under the jurisdiction of the Ill. The Togo/and Customs Service and Customs Control French Republic, will remain assigned to those services. Service Vehicles at present assigned to services which, under the Statute, are under the jurisdiction of the services of the Auto­ The general regulation of Customs matters, the currency nomous Republic of Togoland, will remain assigned to those and exchange system and foreign trade will be within the services. Vehicles assigned to services whose functions are competence of the central authorities of the French Republic. to be transferred partly to French services and partly to The Togoland Customs Service, on the other hand, will services of the Autonomous Republic, should so far as be responsible for applying these laws at the frontiers. possible be divided between them. It will be the function of the Customs Control Service to : Supervise and ensure the application by the Togoland VII. Airport Customs Service of the regulations referred to above; for this purpose it will place its visa on customs documents; it may The Lome airport (class B) and the meteorological installa­ supervise on the spot the work of the Customs Service. tions for aerial protection are to be operated by the services It is understood that this on-the-spot supervision, unlike of the French Republic and will accordingly be a charge on that of customs documents, will not be systematic; the French budget. The Autonomous Republic may request Give the Togoland Minister of Finance any technical the Chief of the Meteorological Services of the French Repub­ assistance he may request. In this connexion it is stipulated lic to direct the Togoland meteorological service. that the Chief of the Customs Control Service will be required The Togoland Government draws the attention of the to have the necessary general competence in Customs matters Minister for Overseas France to the importance it attaches to to perform this advisory function. expanding the foreign trade of the Autonomous Republic and, in particular, to increasing the importation of the foreign IV. Adaptation of the regulations /or administering FIDES goods required by the country. It requests that this question funds to the Statute of Togo/and should be settled either by the local branch of the Exchange Office which is a service of the French Republic, by amending As this problem is receiving the Minister's personal atten­ trade agreements or by increasing the share of the Autonomous tion no specific proposal is now made. Republic of Togoland in trade agreements.

-97- ANNEX Ill

0" WEST ITIN~RARY OF T~E COMMISSION ..r­ ON TOGOLAND UNDER -'.'I,J . 11" . 11° FRENCH ADMINISTRATION -·-· International boundary All weather road (generally passable throughout the year) Season a I r011d (selected) Railway

____811 road _ 811 _ railwa11 _ _ Itinera"ll

0 25 50 75 I I MILES

0 25 50 75 H E3 E3 I I KILOMETRES

2" '------,------=:J 10" 10"

g• g• FRENCH

GHANA

WEST

s·

AFRICA

7•

GULF OF GUINEA

1" 2"

MAP NO. 978 UNITED NATIONS AUGUST 1957 SALES AGENTS FOR UNITED NATIONS PUBLICATIONS

ARGENTINA FRANCE NORWAY Editorial Sudamericano S,A., Alsina .500, Editions A. Pedone, 13, rue Souffl.,t, Johan Grundt Tanum Forlag, Kr. Au· Buenos Aires. Paris V. gustsgt, 7 A, Oslo. AUSTRALIA GERMANY PAKISTAN H. A. Goddard, A.M.P. Bldg., SO Miller R. Eisenschmidt, turg. Edf. Galip6n, Caracas. EL SALVADOR MEXICO VIET-NAM Manuel Navas y Cia., 1 a. Avenida sur Editorial Hermes S.A., Ignacio Mariscal Popeterie--librairte XuOn Thu, Boite 37, San Salvador. 41, Mexico, D.F. Postale 283, Saigon. ETHIOPIA NETHERLANDS YUGOSLAVIA International Press Agencj, P.O. Box N.V. Martinus Nijhoff, lange Voorhout Conkarjeva Zafozba, Ljubljana, Slovenlo. 120, Addis Ababa. 9, 's-Gravenhage. Drzavno Preduzece, Jugoslovenska FINLAND NEW ZEALAND Knjiga, Terazlje 27/11, Beograd. Akatceminen Kirjokouppa, 2 Keskuskatu, United Nations AHociation of New Zea, Prosvjeta, 5, Trg. Bratstvo i Jedinstva, Helsinki. land, C.P.O. 1011, Wellington. Zagreb. [SSE2) Orders ancl inquiries lrom countries where sales agents have not yet been appointee/ may be sent f.o: Soles and Cirtufafion Section, United Nations, New York, U.S.A.; or Safes Section, United Nations, Polais des Nations, Geneva, Swifzerlantl.

Printed in France Price :$U.S. 1.00; 7/- stg.; Sw. fr. 4.­ 34461-April 1958-2,250 (or equivalent in other currencies)