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Togo, with a population of 6.3 million, is a republic governed by President Faure Gnassingbe, who was declared president in 2005 in an election marred by severe irregularities. President Faure Gnassingbe replaced his father, former president Gnassingbe Eyadema, who died in 2005 after 38 years in power. Eyadema and his party, Rally of the Togolese People (RPT), strongly backed by the armed forces, dominated politics and maintained firm control over all levels of the highly centralized government until his death. In 2007 the Independent National Electoral Commission (CENI) organized generally free and fair legislative elections for the 81 seats in the National Assembly. All major opposition parties participated in the elections, and the opposition won a total of 31 seats. While civilian authorities generally maintained effective control of the security forces, there were instances in which elements of the security forces acted independently.
The human rights situation in the country improved; however, serious human rights problems continued, including the following: partial inability of citizens to change their government; abuse of detainees; official impunity; harsh and life-threatening prison conditions; arbitrary arrests and detention; lengthy pretrial detention; executive influence over the judiciary; infringement of citizens' privacy rights; restrictions on the press; restrictions on freedom of assembly and movement; corruption; female genital mutilation (FGM); discrimination and violence against women; regional and ethnic favoritism; trafficking in persons, especially children; child labor, including forced child labor; and lack of workers' rights in export processing zones.
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports that the government or its agents committed arbitrary or unlawful killings.
There were no developments in the 2008 death of a former government minister found dead on a beach in Lome. The case officially stands as a drug overdose despite a contrary finding by a coroner from the international nongovernmental organization (NGO) Physicians for Human Rights.
Despite promises to investigate, by year's end the government had not released a report on the 2007 killing of a soldier guarding the national radio station, Radio Lome.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution prohibits such practices; however, they continued to occur. In January a UN special rapporteur noted the government's commitment to combat torture. However, during his visits to police and gendarmerie stations, he found evidence of abuse by law enforcement officials during interrogation of detainees and beatings by prison guards. He also observed that young persons and children were at risk of corporal punishment while in detention.
Unlike in the previous year, the international NGO Amnesty International (AI) reported no cases of torture of detainees. However, abuse and mistreatment of prisoners continued. Impunity remained a problem, and the government did not publicly prosecute officials for such abuses.
In August during a joint mission by the UN and African Union special rapporteurs on human rights defenders, the rapporteurs noted that the number of attacks and acts of intimidation against human rights defenders had decreased; however, they expressed concern about the stigmatization of the defenders and impunity for violations against them.
According to AI no progress was reported in resolving complaints lodged by victims of electoral violence in 2005.
Unlike in the previous year, there were no reports of security forces raping prostitutes.
Prison and Detention Center Conditions
Prison conditions remained harsh, with serious overcrowding, poor sanitation, and unhealthy food. In April the media reported that prisoners were dying of hunger and received typically one meal a day worth 150 CFA francs ($0.33) because the prison system did not have adequate funds. Medical facilities were inadequate, and disease and drug abuse were widespread. Sick prisoners reportedly had to pay 1,500 CFA francs ($3.30) to guards before being allowed to visit the infirmary. There were reports that prison officials sometimes withheld medical treatment from prisoners. Lawyers and journalists reported that prison guards charged prisoners a small fee to shower, use the toilet, or have a place to sleep. Local press reported that prison guards sexually harassed female prisoners.
While there were no official statistics on the number of prison deaths, the warden of the Central Prison of Lome confirmed two deaths during the year.
At year's end the expanded Central Prison of Lome, which normally accommodated 666, held 1,759 prisoners, including 59 women and 25 juveniles. The infants of convicted women were incarcerated with their mothers when they refused to allow the infants to stay with extended family. Pretrial detainees were not held separately from convicted prisoners.
Local NGOs accredited by the Ministry of Justice could visit the prisons any time, although the process of acquiring an accreditation could take up to a year. International NGOs must negotiate an agreement with the government to gain similar access to prisons. During the year the International Committee of the Red Cross (ICRC) and other international human rights organizations were allowed prison access.
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention; however, the government did not always respect these prohibitions.
Role of the Police and Security Apparatus
The security forces consist of the army, navy, air force, national security service (including the national police and investigation bureau), and the gendarmerie. The police are under the direction of the Ministry of Security, which reports to the prime minister. The Ministry of Defense, which reports directly to the president, oversees the military. The Ministry of Security oversees the gendarmerie. Police and gendarmes are responsible for law enforcement and maintenance of order. The army is in charge of external security. In 2008 approximately 80 percent of the army's officers and soldiers were from the previous and current presidents' ethnic group, the Kabye, which constitutes approximately 23 percent of the population.
Police generally were ineffective and corrupt, and impunity was a problem. Police often failed to respond to societal violence. The government in general did not investigate or punish effectively those who committed abuses, nor did it prosecute persons responsible in previous years for unlawful killings and disappearances. No progress was made in examining complaints from more than 100 victims of human rights abuses committed during the 2005 presidential election. In 2007 the victims were asked to pay 25,000 CFA francs ($50) to the court to move their cases forward. Some were unable to pay and withdrew their complaints. Others paid the requested fee but still saw no progress on their cases during the year.
In October 2008 the military trained approximately 40 senior and junior officers and subordinates under the theme "the role of the armed forces in the promotion and protection of human rights."
There were no developments in the 2007 random beating of civilians by newly recruited police agents in Lome.
Arrest Procedures and Treatment While in Detention
The law authorizes judges, senior police officials, prefects, and mayors to issue arrest warrants; however, persons were detained arbitrarily and secretly. Although detainees have the right to be informed of the charges against them, police sometimes ignored this right. The law allows authorities to hold arrested persons incommunicado without charge for 48 hours, with an additional 48-hour extension in cases deemed serious or complex. The law stipulates that a special judge conduct a pretrial investigation to examine the adequacy of evidence and decide on bail; however, in practice detainees often were held without bail for lengthy periods with or without the approval of a judge. Family members and attorneys officially had access to a detainee after 48 or 96 hours of detention, but authorities often delayed, and sometimes denied, access. On December 11, the government announced the creation of a fund of CFA 250 million ($550,000) to provide legal services for the indigent.
On April 15, Kpatcha Gnassingbe, a member of the national assembly and half brother to President Faure, and 32 others, were arrested on charges of coup plotting. The ICRC and other human rights organizations were allowed access to the detainees. Attorneys representing Kpatcha claimed that due process was not followed, a charge denied by the minister of human rights, who stated that Kpatcha had declined legal representation, even though his wife had hired two attorneys. Public opinion and media reporting focused primarily on Kpatcha's status; that of the other detainees was largely ignored. All 33 remained in custody at year's end.
On April 24, the Togolese League of Human Rights stated that an unknown number of persons were arrested for outstanding debts and detained in gendarmeries and police stations for more than 48 hours. Arrests for failure to pay debt are not lawful.
A number of persons detained in 2005 in connection with election-related violence continued to be held without trial in the Central Prison of Lome, including suspected critics of the government, although the government continued to claim that there were no political prisoners. An accurate count of the detainees was not available.
A shortage of judges and other qualified personnel, as well as official inaction, resulted in lengthy pretrial detention--in some cases several years--and confinement of prisoners for periods exceeding the time they would have served if tried and convicted. Almost 80 percent of inmates were pretrial detainees.
e. Denial of Fair Public Trial
Although the constitution provides for an independent judiciary, the executive branch continued to exert control over the judiciary, and corruption was a problem. Lawyers often bribed judges to influence the outcome of cases. The court system remained overburdened and understaffed.
There were three associations of magistrates in the country: the Union of Magistrates of Togo (SMT), the National Association of Magistrates (ANM), and the Professional Association of Magistrates of Togo (APMT). A majority of the APMT members were supporters of President Gnassingbe's party, the RPT. Judges who belonged to the pro‑RPT APMT reportedly received the most prestigious assignments, while judges who advocated an independent judiciary and belonged to the ANM or SMT often were assigned to second-tier positions. For example, the president of the Constitutional Court was the founder and leader of the APMT; in Lome, the presidents of the Supreme Court, Court of Appeals, and Court of First Instance were members of the APMT as were the public prosecutor and the attorney general. In Kara, the president of the Court of Appeals and the president of the Court of First Instance were members of the APMT.
The Constitutional Court is the highest court for constitutional issues while the Supreme Court is the highest court for civil judicial cases. The civil judiciary system includes the Supreme Court, appeals courts, and courts of first instance. A military tribunal exists for crimes committed by security forces; its proceedings were closed. The military court cannot try civilians and does not accord military defendants the same rights as civilians.
Trial Procedures
The judicial system employs both traditional law and the Napoleonic Code in trying criminal and civil cases. Defendants do not enjoy a presumption of innocence. Trials were open to the public, juries were used, and judicial procedures generally were respected. Defendants have the right to be present at their trials and have the right to counsel and to appeal. All defendants have the right to an attorney, and the bar association provides attorneys for the indigent. Defendants may confront witnesses and present witnesses and evidence on their own behalf. Defendants have the right to access government-held evidence relevant to their cases, but in practice were denied that right.
The law extends these rights to all citizens; however, women who were uneducated or came from rural areas tended not to be aware of or feared claiming their rights.
In rural areas the village chief or a council of elders is authorized to try minor criminal and civil cases. Those who reject the traditional authority can take their cases to the regular court system, which is the starting point for cases in urban areas.
Political Prisoners and Detainees
The government denied the existence of political detainees; however, six persons arrested after the 2005 election and affiliated with the opposition reportedly were being held in a prison near Kara, an area of strong RPT support. AI reported that dozens of persons were in detention following the election. Security forces sometimes moved political detainees to informal detention centers under the control of the military or RPT militia. Because the government did not acknowledge any political detainees, it did not permit any organizations to have access to them.
Civil Judicial Procedures and Remedies
Both the constitution and the law provide for civil and administrative remedies for wrongdoing, but the judiciary did not respect such provisions, and most citizens were unaware of them.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The constitution and law prohibit such actions, and the government generally respected these prohibitions in practice. In criminal cases a judge or senior police official may authorize searches of private residences; in political and national security cases, security forces need no prior authorization.
Citizens believed that the government monitored telephones and correspondence, although such surveillance was not confirmed.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The constitution and law provide for freedom of speech and of the press; however, the government continued to restrict these rights. During the year the government at times interfered with radio stations. Journalists and radio and television broadcasters practiced self-censorship.
Although the government did not officially censor individual expression, most persons practiced self-censorship because of past violent reprisals by government agents.
There was a lively independent press, most of which was heavily politicized, and some of which was highly critical of the government. More than 25 privately owned newspapers were published with some regularity. The only daily newspaper, Togo-Presse, was owned and controlled by the government. The official media heavily slanted their content in favor of the government.
Radio remained the most important medium of mass communication. Some private radio stations broadcast domestic news.
International media were allowed to operate freely.
The government-owned Togo Television was the only major television station. Eight smaller television stations operated during the year--four covering sports or religion, two private political stations, and two independent stations--but broadcast only to limited geographic areas. TV7, an independent station, also carried weekly political debates through the program Seven on Seven, a political forum in which governing and opposition party leaders, human rights organizations, and other observers participated in discussions of political issues and expressed either criticism of or support for the government. La Chaine du Futur, a private station established in 2008 and similar to TV7, reported positively on the ruling government.
The constitution established the High Authority of Audiovisuals and Communications (HAAC) to provide for freedom of the press, ensure ethical standards, and allocate frequencies to private television and radio stations. Although nominally independent, in practice the HAAC operated as an arm of the government.
In January Radio Victoire was pulled off the air for failing to comply with the HAAC's instruction to ban a foreign journalist from participating in a radio discussion on a sports program which criticized the Togolese Confederation of Football.
In February Daniel Lawson-Drackey, a journalist with Nana FM radio, was indefinitely suspended from the air by the HAAC after making comments critical of the authorities. The National Commission on Human Rights ruled that this decision violated the right to information and the right to press freedom. Lawson-Drackey was working for Nana FM at year's end, although one of his programs criticizing the government remained suspended.
In July the HAAC suspended the interactive program of Radio Lumière, a station in Aného, southern Togo. The radio station allowed callers to comment freely on the Kpatcha affair.
Internet Freedom
There were no government restrictions on access to the Internet or reports that the government monitored e-mail or Internet chat rooms. Individuals and groups could engage in the peaceful expression of views via the Internet, including by e-mail. According to International Telecommunication Union statistics for 2008, approximately 5 percent of the country's inhabitants used the Internet.
Academic Freedom and Cultural Events
The government intimidated academics by maintaining a security force presence at the University of Lome. According to students and professors, a government informer system continued to exist, and undercover gendarmes attended classes.
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The constitution and law provide for freedom of assembly; however, the government generally restricted this right, although less than in previous years. On January 9, students of Ecole Nationale des Auxiliaires Medicaux boycotted their classes to push for improved working and living conditions. Security forces were deployed to disperse the protest but no violence occurred. Students returned to their classes after Minister of Health Komlan Mally intervened.
On January 21, students at the African School for Architecture and Urban Planning held protests during which security force members severely beat several protestors. Students returned to their classes following intervention by President Faure and the minister of technical and professional training.
Freedom of Association
Under the constitution and law, citizens have the right to organize associations and political parties, and the government generally respected this right in practice.
c. Freedom of Religion
The constitution provides for freedom of religion, and the government generally respected this right in practice.
The government recognizes three main faiths as state religions: Roman Catholicism, Protestantism, and Islam. Other religious groups, such as animists, The Church of Jesus Christ of Latter Day Saints, and Jehovah's Witnesses, were required to register as associations. Official recognition as an association affords a group the same rights as the state religions.
Societal Abuses and Discrimination
The Jewish community was very small, and there were no reports of anti-Semitic acts.
For a more detailed discussion, see the 2009 International Religious Freedom Report at 2009-2017.state.gov/j/drl/rls/irf/
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The law provides for freedom of movement within the country, foreign travel, emigration, and repatriation; however, the government restricted some of these rights in practice. Checkpoints with armed security personnel and arbitrary searches of vehicles and individuals were common. Security forces frequently demanded bribes, which impeded freedom of movement. Although the government reduced the number of official checkpoints to four countrywide, there were many unofficial checkpoints where security forces solicited bribes.
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.
The constitution prohibits forced exile, and the government did not employ it. However, several opposition and human rights workers remained in self-imposed exile because they feared arrest.
According to the UNHCR, approximately 3,000 Togolese refugees remained in Benin, and the number of Togolese refugees in Ghana was unknown. They received assistance from the UNHCR, which facilitated repatriation for those wishing to return to Togo and local integration for refugees who would not or could not return.
Protection of Refugees
The country is a party to the 1951 Convention relating to the Status of Refugees, the 1967 Protocol relating to the Status of Refugees, and the 1969 African Union Convention Governing the Specific Aspects of the Refugee Problem in Africa. Its laws do not provide for the granting of asylum or refugee status in accordance with the 1951 Convention, but the government has established a system for providing protection to refugees. In practice the government provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.
The government facilitated local integration for remaining Ghanaian refugees. Most were well integrated in host communities and required no humanitarian assistance. A voluntary repatriation program for 508 Ghanaian refugees remained unimplemented due to lack of resources.
The government continued to provide temporary protection to approximately 521 individuals who may not qualify as refugees under the 1951 convention and its 1967 protocol.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
The constitution provides citizens the right to change their government peacefully, and citizens exercised this right partially through legislative elections in 2007 declared to be generally free and fair by the international community. However, the national assembly exercised no real oversight of the executive branch of the government. In 2005 Faure Gnassingbe was declared president in an election characterized by international observers as marred by severe irregularities and violence, including the deaths of an estimated 500 persons.
After the 2007 elections, the national assembly comprised three political parties, although cabinet members were drawn largely from the party of the president. The government remained highly centralized. The national government appoints officials and controls the budgets of government entities at all levels, including prefectures and municipalities, and influences the selection of traditional chiefs.
Elections and Political Participation
In 2007 citizens voted to elect the 81 members of the national assembly in 31 electoral districts, choosing from 2,000 candidates who ran on 395 party lists. International and national observers monitored the elections and declared them to be generally free, fair, transparent, and peaceful.
The CENI later announced that the ruling RPT had won 50 seats, the Union of Forces for a Change (UFC) 27 seats, and the Action Committee for Renewal (CAR) four seats. The Constitutional Court, which is the final arbiter of all electoral issues, concurred and issued definitive results on October 30.
A new government was appointed in September 2008 after the resignation of Prime Minister Komlan Mally following the completion of his mandate.
Political parties are required to provide a 48-hour advance notification to the government for any public activity. They are also subject to restrictions in calling for demonstrations or strikes, which may be monitored by security forces.
In August 2008 the government prohibited two opposition parliamentarians from leaving the country because they did not notify the president of the national assembly of their travel plans.
There were nine female members of the national assembly and four female ministers in the 28-member cabinet.
Members of the southern ethnic groups remained underrepresented in both the government and military.
Section 4 Official Corruption and Government Transparency
The law provides criminal penalties for official corruption; however, the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. The April 2008 government's interim poverty reduction strategy paper noted that corruption and lack of transparency in the management of public funds was a problem throughout the government. According to the World Banks Worldwide Governance Indicators for 2008, government corruption was a severe problem.
Corruption was common among prison officials, police officials, and members of the judiciary (see sections 1.c., 1.d., 1.e., and 2.d.).
There were no further developments in the 2007 corruption allegations levied by the Anti-Corruption Committee against the director general of the Social Security Agency, who remained in his position at year's end.
The constitution provides for the creation of a court of accounts to oversee public expenditures. The court was established on September 24 and is an independent entity with an autonomous budget.
Officials were not subject to financial disclosure laws.
Although the press code provides for public access to government information, the government did not permit access for either citizens or noncitizens, including foreign media. Reasons for denial were not given.
Section 5 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials sometimes were cooperative but typically were not responsive to NGO recommendations.
There were several domestic private human rights groups, including the Togolese League of Human Rights, the Center for Observation and Promotion of the Rule of Law, and the Togolese Association for the Defense and Protection of Human Rights. Years of government threats and intimidation of human rights leaders, combined with a lack of results from human rights initiatives, have led some human rights groups to become inactive.
The government generally cooperated with international governmental organizations and permitted visits by UN representatives or other organizations such as the ICRC (see section 1.c.).
A permanent human rights committee exists within the national assembly, but it did not play any significant role in policymaking and was not independent of the government.
Section 6 Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race, gender, religion, disability, language, or social status; however, the government did not enforce these provisions effectively.
The law criminalizes rape and provides for prison terms of five to 10 years for anyone found guilty of the crime. The prison term is 20 years if the victim is a child under 14, is gang-raped, or if the rape results in pregnancy, disease, or incapacitation lasting more than six weeks. The law does not specifically outlaw spousal rape. Although the government was diligent in investigating and prosecuting reports of rape, victims were reluctant to report it because of the social stigma associated with being raped. Rape was thought to be a widespread problem throughout the country. During the year 24 persons were arrested for rape. At year's end all were in prison, some awaiting trial and others awaiting convictions to be formalized.
The law does not specifically prohibit domestic violence, and domestic violence against women continued to be a widespread problem. According to a local NGO, 614 women in Lome reported being victims of domestic violence in 2008. Police generally did not intervene in abusive situations, and women were not made aware of the formal judicial mechanisms designed to protect them. Although there were no official efforts to combat domestic violence, several NGOs were active in combating the problem and making women aware of their rights.
The law prohibits prostitution, including operating a brothel, and provides for fines of up to one million CFA francs ($2,200) for brothel owners and panderers. Prostitution in Lome was fairly widespread. In 2008 several prostituted women in Lome reported that they had to bribe security forces or offer sex to pass through certain parts of town and that failure to do so often resulted in rape; however, there were no such reports during the year.
A presidential decree, issued in 1984, prohibits sexual harassment and specifically mentions harassment of female students; however, authorities did not enforce the decree. While the law states that harassment is illegal and can be taken to court, no definitive punishment is prescribed.
The government recognized the right of couples and individuals to decide freely and responsibly the number, spacing, and timing of their children. Health clinics and local NGOs were permitted to operate freely in disseminating information on family planning under the guidance of the Ministry of Health. There were no restrictions on the right to access contraceptives but only about 11 percent of the inhabitants used these measures. The government did not provide free childbirth services, and the lack of sufficient doctors meant most women used midwives for childbirth as well as for pre- and postnatal care, unless the mother or child suffered serious health complications. Men and women of heterosexual orientation received equal access to diagnosis and treatment for sexually transmitted infections, including HIV, but women were more likely than men to seek treatment and refer their partners. Men of homosexual orientation did not receive equal access to these services.
Although the law declares women equal under the law, women continued to experience discrimination in education, pension benefits, and inheritance. This was a consequence of traditional law, which applies to the vast majority of women. A husband legally can restrict his wife's freedom to work or control her earnings. In urban areas women and girls dominated market activities and commerce; however, harsh economic conditions in rural areas, where most of the population lived, left women with little time for activities other than domestic tasks and agricultural fieldwork. The labor code requires equal pay for equal work, regardless of gender, but this provision generally was observed only in the formal sector. There are no restrictions on women owning property. Under traditional law a wife has no maintenance or child support rights in the event of divorce or separation and no inheritance rights upon the death of her husband. Otherwise, women can own property with no special restrictions. Polygyny was practiced. Women did not experience economic discrimination in access to employment, credit, or managing a business.
As in the previous years, the Ministry of Social Affairs, Promotion of Women, and Protection of Children and the Elderly, along with independent women's groups and concerned NGOs, continued to campaign to inform women of their rights.
Citizenship is derived either from birth within the country's borders or from the father's citizenship. If the father does not have a nationality or it is unknown, the mother's citizenship transfers to the child.
The government provided education in state schools, and school attendance is compulsory for both boys and girls until the age of 15. In October 2008 the government announced that tuition for public nursery schools and primary schools would be free. According to the UN Children's Fund (UNICEF), although 92 percent of boys and 85 percent of girls started primary school, only an estimated 58 percent of boys and 41 percent of girls finished primary school. For secondary school, the net enrollment was 34 percent for boys and 12 percent for girls, but only 19 percent of boys and 9 percent of girls completed secondary school.
Child abuse was a widespread problem. Although the law explicitly prohibits sexual exploitation of children and child prostitution, the law was not effectively enforced. The government continued to work with local NGOs on public awareness campaigns to prevent exploitation of children.
The law prohibits FGM; however, according to UNICEF, FGM continued to be perpetrated on approximately 6 percent of girls, mostly in rural areas. It was believed the practice had decreased significantly in urban, but not rural, areas since the 1998 anti-FGM law was passed. The most common form of FGM was excision, which was usually performed on girls a few months after birth. Most of the larger ethnic groups did not practice FGM. Penalties for practitioners of FGM range from two months to five years in prison as well as substantial fines. However, the law rarely was applied because most FGM cases occurred in rural areas where awareness of rights was limited. Traditional customs often took precedence over the legal system among certain ethnic groups. The government continued to sponsor seminars to educate and campaign against FGM. Several NGOs, with international assistance, organized campaigns to educate women of their rights and how to care for victims of FGM. NGOs also worked to create alternative labor opportunities for former practitioners.
According to several international organizations, child marriage, especially in the north and among Muslims, existed on a small scale. Cases were often not reported as parents freely gave their children in marriage.
A private radio station, Radio Zephir, sponsored by the international NGO Plan International and partially subsidized by the government, broadcasts a weekly program for children titled "Children Also Have Rights."
During the year the government established a toll-free line for persons to report cases of child abuse and seek help. The line provides free information on the rights of the child and legal procedure. The government also established school curriculum to educate children on human rights and, working with UNICEF, trained teachers on children's rights.
In 2007 the government implemented the country's first child code which provides for the protection of children's economic, psychological, and moral rights and includes national and international standards intended to protect children. The code prohibits child trafficking, child prostitution, child pornography, the employment of children in armed conflict, and other worst forms of child labor, including the selling of children for sexual exploitation, forced labor, or servitude. Government efforts to implement the code resulted in the release during the year of hundreds of children were released from service as assistants to traditional healers. During the year the International Labor Organization launched a program to raise awareness and rescue children from trafficking and enforced labor.
Orphans and other needy children received some aid from extended families or private organizations but little from the government. There were social programs to provide free health care for poor children.
Trafficking in Persons
The law prohibits trafficking in children but not adults. The country remained a country of origin, transit, and destination for trafficked persons, primarily women and children. Trafficking occurred throughout the country at both official points of entry and covertly at unrecognized, unmonitored border crossing points.
The majority of trafficking victims were children from the poorest rural areas, particularly those of Kotocoli, Tchamba, Ewe, Kabye, and Akposso ethnicity and mainly from the Maritime, Plateau, and Central regions. More young girls than boys were victims of trafficking. Trafficking in women for the purposes of prostitution or forced labor as domestic servants were problems.
Most trafficking occurred internally, with children trafficked from rural areas to cities, primarily Lome, to work as domestics, produce porters, or roadside sellers. However, according to the UN Office on Drugs and Crime (UNODC), Togolese children represented 30 percent of internationally trafficked victims recorded in eight West African countries. Children were trafficked to Benin for indentured servitude and to Cote d'Ivoire and Ghana for domestic servitude, which amounted at times to slavery. Boys were trafficked for agricultural work to Cote dIvoire, Nigeria, and Benin, and to Gabon for domestic servitude and street labor. They were fed poorly, clothed crudely, cared for inadequately, given drugs to work longer hours, and not educated or permitted to learn a trade. There were reports that young girls were trafficked to Nigeria for prostitution.
The country also was a transit point for children trafficked from Burkina Faso, Ghana, Cote d'Ivoire, and Nigeria. There were credible reports that Nigerian women and children were trafficked through the country to Europe (particularly Italy and the Netherlands) for the purpose of prostitution. Victims were trafficked elsewhere in West Africa and to Central Africa, particularly Cote d'Ivoire, Nigeria, and Gabon; to Europe, primarily France and Germany; and to the Middle East, including Lebanon and Saudi Arabia.
Traffickers were believed to be men and women of Togolese, Beninese, and Nigerian nationalities. Adult victims usually were lured with phony job offers. Children often were trafficked abroad by parents misled by false information. Sometimes parents sold their children to traffickers for 10,000 CFA francs ($22) or for commodities such as bicycles, radios, or clothing and signed parental authorizations transferring their children to the custody of the trafficker.
Traffickers are penalized with sentences of five to 10 years in prison and fines of five to 10 million CFA francs ($11,000 to $22,000). The 2005 Law for the Repression of Child Trafficking provides for prison sentences and fines for anyone who recruits, transports, hosts, or receives trafficked children, as well as prison sentences for parents who willingly facilitate the trafficking of their children. The law provides for prison sentences from three months to 10 years and fines ranging from one to 10 million CFA francs ($2,200 to $22,000) for traffickers of children or their accomplices. Anyone who assists or provides information, arms, or transportation to facilitate the trafficking is considered an accomplice.
The government had little or no funding to investigate traffickers. Police had limited success in intercepting victims of trafficking, and prosecution of traffickers was rare. Detained traffickers often paid a bribe to secure their release. During the year 13 traffickers were arrested; at year's end, 10 were in prison awaiting their sentences. The remaining three were on parole but had to report to court regularly.
Four of the 10 traffickers arrested in 2008 were released following their trial; the remaining six were in prison at year's end.
The government, along with international and local NGOs and some diplomatic missions, continued to train judges, security forces, and local volunteer committees on the 2005 antitrafficking law and other existing texts.
The National Committee for the Reception and Social Reinsertion of Trafficked Children is the focal point for statistics on child trafficking and is represented in each prefecture. The committee worked with local officials to reintegrate returned trafficking victims, and during 2008 assisted in the repatriation of 67 trafficked children. Most of these children were integrated into their communities.
The government provided only limited assistance for victims, primarily because of a lack of resources. The NGO Terre des Hommes assisted recovered children until their parents or other next of kin could be notified. Assistance was also available from the government-funded Social Center for Abandoned Children. The center sends recovered children to school or finds apprenticeships for them. CARE International-Togo worked with NGOs including Terre des Hommes, La Colombe, The Network to Fight against the Trafficking of Children (RELUTET), and Ahuefaon on reintegration of trafficked children, awareness campaigns for parents and communities, keeping children in school, and supporting women's income-generating activities.
Government agencies involved in antitrafficking efforts included the Ministry of Social Affairs, Promotion of Women, and Protection of Children and the Elderly; the Ministry of Health; the Ministry of Security; the Ministry of Justice; the Ministry of Labor, Employment, and Social Security; and the security forces (especially police, army, and customs units). The government cooperated with NGOs and the governments of Ghana, Benin, and Nigeria under a quadripartite law allowing for expedited extradition among those countries. In May UNODC and the government conducted a seven-day trafficking in persons awareness campaign in several regions of the country.
During the year the government created observation groups in each state called the Regional Committees for the Promotion of Children's Rights. These groups act as informants of any suspicious activities in terms of children's displacement.
In 2008 local officials, especially the Ministry of Social Affairs, Promotion of Women, and Protection of Children and the Elderly, worked closely with numerous NGOs, including Plan Togo, the World Association for Orphans-Afrique, CARE International-Togo, and Terre des Hommes, to conduct public awareness campaigns and training workshops for lawyers, journalists, judges, NGO representatives, and security personnel. The International Labor Organization (ILO) and UNICEF assisted the government in organizing and training regional and local committees and in sensitizing and educating parents on the dangers of child trafficking and labor throughout the country.
The Department of State's annual Trafficking in Persons Report can be found at 2009-2017.state.gov/j/tip
Persons with Disabilities
A law enacted in 2005 prohibits discrimination against persons with disabilities in employment, education, access to health care, or in the provision of other state services, but the government did not effectively enforce these provisions. There was no overt government discrimination against persons with disabilities, and some held government positions, but societal discrimination against persons with disabilities was a problem. The government does not mandate accessibility to public or private facilities for persons with disabilities, although some public buildings have ramps. While the law nominally obliged the government to aid persons with disabilities and shelter them from social injustice, the government provided only limited assistance.
The Agency for Handicapped Persons, under the Ministry of Social Action, Women's Promotion, and the Protection of Children and the Elderly, is responsible for protecting the rights of persons with disabilities. During the year the ministry held awareness campaigns against discrimination and to promote equality. It distributed food and clothing and provided some skills training to persons with disabilities.
National/Racial/Ethnic Minorities
The relative dominance in private sector commerce and professions of members of southern ethnic groups, and the relative prevalence in the public sector and especially the security forces of members of the former and current presidents' Kabye and other northern groups, were sources of political tension. Political parties tended to have readily identifiable ethnic and regional bases: the RPT party was more represented among northern ethnic groups than among southern groups; the reverse was true of the UFC and CAR opposition parties.
In addition, due to the congruence of political divisions and ethnic and regional divisions, human rights abuses motivated by politics at times had ethnic and regional overtones.
Societal Abuses, Discrimination, and Acts of Violence Based on Sexual Orientation and Gender Identity
Homosexual conduct is illegal but the law was rarely enforced. The penal code provides that a person who engages in a homosexual act may be punished by one to three years imprisonment and fined 100,000 to 500,000 CFA francs ($220 to $1,100).
There was societal discrimination based on sexual orientation.
Other Societal Violence or Discrimination
A 2005 law prohibits discrimination against persons infected with HIV/AIDS. The government sponsored broadcasts aimed at dissuading discrimination. However, persons infected with HIV/AIDS continued to face significant societal discrimination.
Section 7 Worker Rights
a. The Right of Association
The constitution and law provide workers, except security forces (including firefighters and police), with the right to form and join unions, and they exercised this right in practice. Approximately 60 to 70 percent of formal sector workers were union members or supporters.
The constitution and law provide most workers with the right to strike, including government health workers, although the latter must ensure minimal services. The 2006 labor code prohibits retribution against strikers by employers. However, in December some culinary employees at the Sarakawa Hotel went on a 48-hour strike demanding year-end bonuses. The strike ended when management agreed to their demands.
There were no further developments in the case of the nine striking workers who were fired in July 2008.
b. The Right to Organize and Bargain Collectively
The constitution and the labor code nominally provide workers the right to organize and bargain collectively; however, the government limited collective bargaining to producing a single nationwide agreement that had to be negotiated and endorsed by representatives of the government, labor unions, and employers. All formal sector employees were covered by the collective bargaining agreement that set nationwide wage standards for all formal sector workers. The government participated in this process both as a labor-management mediator and as the largest employer in the formal sector, managing numerous state-owned firms that monopolized many sectors of the formal economy. Individual groups in the formal sector could attempt to negotiate agreements more favorable to labor through sector-specific or firm-specific collective bargaining, but this option was rarely used.
The Ministry of Labor, Employment, and Social Security failed to enforce the prohibition against antiunion discrimination.
The law provides exemptions from some provisions of the labor code, notably the regulations on hiring and firing for companies in the export processing zones (EPZs). Employees of EPZ firms did not enjoy the same protection against antiunion discrimination as did other workers. Workers in the EPZs were prevented from exercising freedom of association, because unions did not have free access to EPZs or the freedom to organize workers there.
c. Prohibition of Forced or Compulsory Labor
The labor code prohibits forced or compulsory labor, including by children; however, such practices occurred. Children sometimes were subjected to forced labor, primarily as domestic servants, porters, and roadside sellers. Women were trafficked for prostitution or forced labor as domestic servants.
d. Prohibition of Child Labor and Minimum Age for Employment
The labor code prohibits the employment of children under the age of 15 in any enterprise, prohibits children under age 18 from working at night, and requires a daily rest period of at least 12 hours for all working children. However, the government did not effectively enforce child labor laws, and child labor was a problem. Some children started work at age five and typically did not attend school for most of the school year.
Children worked in both rural and urban areas, particularly in family-based farming and small-scale trading and as domestic servants and porters. In some cases children worked in factories.
For some types of industrial and technical employment, the minimum age is 18. Inspectors from the Ministry of Labor, Employment, and Social Security enforced these age requirements, but only in the formal sector in urban areas. In both urban and rural areas, particularly in farming and small scale trading, very young children traditionally assisted in their families' work. In rural areas, parents sometimes placed young children into domestic work in other households in exchange for one-time fees as low as 12,500 to 17,500 CFA francs ($28 to $39).
Children were trafficked into indentured and exploitative servitude, which amounted at times to slavery.
There were credible reports that Nigerian women and children were trafficked through the country to Europe, particularly to Italy and the Netherlands, for the purpose of prostitution.
The Ministry of Social Affairs, Promotion of Women, and Protection of Children and the Elderly was responsible for enforcing the prohibition of the worst forms of child labor. In 2007 the National Assembly adopted the child code that prohibits the employment of children in the worst forms of child labor, including child trafficking, child prostitution, child pornography, and the use of children in armed conflict. Due to limited resources, the enforcement of child labor laws was weak. The ministry funded a center for abandoned children and worked with NGOs to combat child trafficking. The ministry frequently held workshops in collaboration with UNICEF, the ILO, NGOs, labor unions, and other partners to raise awareness about child labor in general and forced labor in particular.
e. Acceptable Conditions of Work
The government sets minimum wages for different labor categories, ranging from unskilled through professional positions. There was no minimum wage for workers in the informal sector. In practice employers often paid less than the official minimum wage, mostly to unskilled workers. In August 2008, the government raised the official monthly minimum wage from 10,000 to 16,000 CFA francs ($22 to $35) to 28,000 CFA francs ($62). However, the new wage did not provide a decent standard of living for a worker and family. Many workers supplemented their incomes through second jobs or subsistence farming. The Ministry of Labor, Employment, and Social Security is responsible for enforcement of the minimum wage system, especially in the private sectors, but it did not enforce the law in practice.
Working hours of all employees in any enterprise, except for the agricultural sector, normally are not to exceed 40 hours per week; at least one 24-hour rest period per week is compulsory, and workers are expected to receive 30 days of paid leave each year. Working hours for employees in the agricultural sector are not to exceed 2,400 hours per year (46 hours per week). The law requires overtime compensation, and there are restrictions on excessive overtime work; however, the Ministry of Labor, Employment, and Social Security's enforcement was weak, and employers often ignored these provisions.
A technical consulting committee in the Ministry of Labor, Employment, and Social Security sets workplace health and safety standards. It may levy penalties on employers who do not meet the standards, and employees have the right to complain to labor inspectors of unhealthy or unsafe conditions without penalty. In practice the ministry's enforcement of the various provisions of the labor code was limited. Large enterprises are obliged by law to provide medical services for their employees and usually attempted to respect occupational health and safety rules, but smaller firms often did not. Although workers have the legal right to remove themselves from unsafe conditions without fear of losing their jobs, in practice some could not do so. Labor laws also provide protection for legal foreign workers.


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25 results, sorted by
europe Interview with Christian Lindner on the reform of the Stability and Growth Pact
Interview with Christian Lindner: Sound public finances are a precondition for a competitive single market and a stable monetary union. This is why Germany is advocating for ambitious efforts to reform the Stability and Growth Pact. Higher debt ratios and higher annual deficits are likely to weaken the single market and the euro in the future.
ukraine Exchange scheme hryvnia-to-euro to expire on 30 October 2022
The Federal Ministry of Finance and the Deutsche Bundesbank have agreed with the National Bank of Ukraine to let the hryvnia-to-euro exchange scheme expire.
ukraine Management of the task force for implementing EU sanctions appointed
The task force that has been set up by the Federal Government to implement the EU sanctions appointed its management yesterday evening at its second meeting.
europe Germany and France intend to commit €1 billion each for new European Tech Champions Initiative
Germany and France represented by Christian Lindner, Federal Minister of Finance, Robert Habeck, Federal Minister for Economic Affairs and Climate Action, Bruno Le Maire, Minister for the Economy, Finance and the Recovery, and Cédric O, Minister of State for the Digital Transition and Electronic Communication, have signed, together with Denmark, Estonia, Greece, Spain, Italy, Latvia, Lithuania, …
europe Joint Statement on the European Payments Initiative (EPI)
by Belgium, Finland, France, Germany, the Netherlands, Spain and Poland
Public finances Federal government and Länder support flood-hit regions
Germany's federal cabinet today adopted a draft text proposed by the Finance Ministry and the Interior Ministry for the establishment of a special flood relief fund and amending other laws (2021 Reconstruction Aid Act (Aufbauhilfegesetz 2021)). In this way, the federal government is continuing its committed assistance aimed at supporting the German regions particularly affected by flooding and …
Climate action German government's future-oriented subsidy policy
Das Bundeskabinett hat heute den Bericht der Bundesregierung über die Entwicklung der Finanzhilfen des Bundes und der Steuervergünstigungen für die Jahre 2019 bis 2022 beschlossen. Der 28. Subventionsbericht macht deutlich: Die Subventionspolitik ist zentraler Bestandteil der zukunftsorientierten Finanzpolitik der Bundesregierung. Durch eine klare inhaltliche Schwerpunktsetzung geben die …
Public finances German government adopts extensive assistance package for regions affected by floods
Germany's federal cabinet today approved financial support measures to provide immediate and unbureaucratic assistance to regions affected by recent floods. The federal government will provide an initial €200m to cover half of the costs of immediate assistance measures launched by the Länder. In addition, it will contribute financially to a comprehensive recovery programme.
Public finances Emerging from the crisis with sound fiscal policy and optimism
The federal cabinet today adopted the government draft for the 2022 federal budget and the fiscal plan to 2025. The German government is continuing to pursue a decisive fiscal policy that includes large-scale assistance measures and record investment levels. In addition, the numbers show that the federal government is in good fiscal shape. Germany's debt ratio is far lower than projected and …
europe German Recovery and Resilience Plan adopted
Today the German government adopted the German Recovery and Resilience Plan (DARP). Ninety percent of the spending in Germany's recovery plan is targeted towards climate action and the digital transformation. This means that the German government is going well beyond the ambitious targets set by the EU. According to analysis by the German Institute for Economic Research (DIW), the planned …

subset: commoncrawl


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About Ana Martinez-Ortiz
Facebook | Twitter | More stories from Ana
Ana is the community engagement reporter and beat reporter for neighborhood groups and nonprofits. As the community engagement reporter, Ana is known for writing five things to know/do for the week and weekend, how to articles and spotlight articles. Ana attended the University of Wisconsin-Milwaukee and graduated in 2017 with degrees in Spanish and journalism.


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Nail art and polish blog - freehand nail art and swatches! Neglelak blog, frihånds neglekunst og neglelak swatches!
tirsdag den 26. juni 2012
Choose Me for nail art
39 kommentarer:
I love the blue base you used! This is gorgeous!SvarSletSvar
Thank you so much ScarsLikeLace :)Slet
The middle finger design is especially nice!SvarSletSvar
Thank you so much KarenD, I think you are right :)Slet
This is really good! (what this? no flowers!?- lol) Before I read the whole thing, I thought you had stamped this on. I can't believe how steady your free hand art really is!SvarSletSvar
Nope, no flowers, gotta keep the flower-hating readers at least a little happy (but hey, I guess they left me already ;)Slet
Thank you so much Karen, I'm happy you like it!
i love choose me! awesome job! :)SvarSletSvar
It is very gorgeous, thank you so much esmeheredia :)Slet
Hi Maria! I've just discovered your blog and I think your freehand manicures are great. So you have a new follower ;-)SvarSlet
I invite you to visit my blog www.lillibitsnaw.blogspot.com
I write in Spanish, but I think Nail Art is an international language and the pictures do the talking.
I hope you like it :-)Svar
Welcome Lillibit, I'm so happy to have you on board!Slet
I'll check out your blog - and you are so right, pictures are universal :)
I love this colour. Very nice design :0)SvarSletSvar
Thank you so much Beautyshades, I'm happy you like it!Slet
jeg kan super godt lige den blå lak du har som base! :D men det er nu rat træls at essenc ikke kan købes i Danmark :/SvarSletSvar
Tusind tak polish-life blog, og du har helt ret - det er ærgerligt - eller at det i det mindste ville være muligt at købe online!Slet
choose me is one of my fav essence polishes... the nail art you did is super coolSvarSletSvar
Thank you so much Polish AMOR - and yes it's such a gorgeous color!Slet
Choose me is such a great polish. And I love your nail art, as I always do. I find the art on the thumb particularly cool :)SvarSletSvar
Aww, thank you Rainbowify Me - I'm happy to hear it!Slet
sooo pretty! love what you did here, i dont think i can come up with that when i let my mind wander LOL very talented Maria! Hugs*SvarSletSvar
LOL the key word is not to think - that's so easy for me muuaahhhh - thank you my friend!Slet
Wow this is stunning! I love the color combination and the designs!SvarSletSvar
Thank you so much drinkcitra, I'm happy you like it :)Slet
This is so gorgeous!SvarSletSvar
Thank you so much Polish and Charms :)Slet
Beautiful combination! I really like this. And I agree with you- it always seems to me that my polishes are all saying "Choose Me"!SvarSletSvar
Thank you The Lacquer Tracker - LOL and they can call out very loud too hahahaha :)Slet
oh, this is gorgeous, love your nail art :-DSvarSlet
i have a lot polishes that scream choose me when i try to decide which one to wear next ;-DSvar
Thank you nail crazy - it sure can be difficult to choose when you want to use them all LOLSlet
That's really pretty! I love the color combination of teal and bronze! Well done, dear, as always! :-)SvarSlet
~ YunSvar
Thank you so much, Yun, I'm happy you like it!Slet
"Choose me" on your nails looks better than on my nails :-) or I have to use it again to remember it better! :-)SvarSlet
I like your nail art, copper and gold are a good choice, they match so well with "Choose me" :-)
What kind of acrylic colours you use? Do they "cover" good?Svar
Thank you so much Raggio di Luna - I use different kinds, and yes basically to do - the colors that don't often work better if I add white or pale grey...Slet
You made me imagine your bottle of polish dancing around saying in a high pitched voice 'choose me Maria, I would look lovely with flowers' lol.SvarSlet
This is a beautiful mani & I love the base coat, its just such we don't have Essence here in the UK or id go get that colour because she's gorgeous x :-)Svar
That's what they do LOL - and a terrible noise when the touch each other - and the mess they make, I have to reorder them all the time LOL - nah, just kidding ;)Slet
We don't have Essence here either, I have to go to Germany to buy it!
Lol that's just what id imagined!Slet
Such a pretty colour, I'm im in love lol x :-)
I love how pretty these colors go together!SvarSletSvar
Thank you so much Fingers, I'm happy you like it!Slet
- Anonym2. juli 2012 kl. 20.32
I also have this one :). You did a great nail art on it!SvarSletSvar
Yeah, I remember you nice swatches - thank you so much zebra-nails!Slet
Please do NOT link spam! Comments with links will very likely be removed. If you want me to look at your blog, send me an email!


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What's in the exam?
- Pieces
- Scale requirements
- Sight-reading
- Transposition
- Aural tests
Candidates for Grade 6, 7 or 8 exams must already have passed ABRSM Grade 5 (or above) in Music Theory, Practical Musicianship or a solo Jazz instrument. For full details including a list of accepted alternatives, see Regulation 1d.
New editions offering support to teachers preparing students for Practical exams.
Practice examples of the aural tests to use when preparing for an exam.


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Update: An apology has been issued.
MACKINAW CITY, Mich. — A family from Northern Michigan is expressing their outrage and disbelief after saying their deceased loved one received a bill for his own body removal.
Rebecca Beck posted a picture of the bill to Facebook on Saturday. The bill is addressed to Beck's step-father, Carl Little, who died in a car crash on I-75 just south of the Mackinac Bridge last month.
"It was from the fire department of Mackinaw City," Beck said. "They were essentially billing him for the removal of his corpse. They obviously knew he was dead, I mean, they removed his body from the car."
The itemize bill lists that the $500 charge stems from services provided that include two fire trucks, eight firemen and one rescue truck.
By Tuesday afternoon, Beck's post had more than 14,000 shares. Countless others commented on the picture while sending their condolences to Beck and her family.
"It's very surprising to me that so many people have stepped up and supported me in this," Beck said.
While Beck's being backed by the community, Deputy Chief Kevin Sehlmeyer with the Grand Rapids Fire Department said a recovery fee isn't out of the ordinary.
"This cost recovery has become a way that fire departments take care of things in Michigan," Sehlmeyer said. "It's pretty common. In this case I understand why the family is not happy about receiving this bill but it is in fact a way for fire deaprtments to get revenue so they can continue to provide services."
In Grand Rapids, Selmeyer said the fire department also has various service fees. However, if someone is killed in a crash, he said the bill is tossed out.
While Sehlmeyer couldn't speak to the issue as to why a bill was sent to Beck's late father he said it's likely to have been some type of error.
"A lot of them [fire departments] bill the insurance companies directly, so then it's case of going to the insurance company," Beck said. "It sounds like in this case the bill went directly to the family and I understand it's a time of grieving and it's an emotional time for a family and then to get this bill on top of it....I think the responders up north are doing a great job at trying to provide a service to the community."
FOX 17 reached out to the Mackinaw City Fire Department about the bill but didn't hear back by Tuesday night.
Beck said she wants her story to be a lesson to fire departments across the state to make sure this doesn't happen to other grieving families.
"I understand when the fire departments need to be paid," Beck said. "They're very small departments...they don't get a lot of tax dollars. I just believe that they need to go about collecting the money in a different way."
Beck said she's talked with a lawyer about the bill who advised her that she and her family won't be responsible for it since it's not addressed to them.


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The old news kiosk in the center of Weimar, Germany, doesn't sell newspapers any more, but you can find pointers to plenty of other media there.
A group of German activists and artists have archived a database of torrent files from infamous file-sharing site The Pirate Bay, and made them available for download over a local Wi-Fi connection at the kiosk at the busy Sophienstiftsplatz intersection in Weimar.
The torrent files don't contain the media being shared, but allow software clients to coordinate the download of that material via BitTorrent peer-to-peer file-sharing systems.
The kiosk was not in use, and the group has essentially commandeered it, a sort of high-tech squat called the Kiosk of Piracy. The project, called KoCA or Kiosk of Contemporary Art, is part art project and part digital activism that's intended to stimulate deeper musings about the Internet.
"With our newest project, we are joining the work of the dear people and groups which managed to duplicate the contents of The Pirate Bay on other places in the Net," according to the group's blog. "We want to show in a very physical way that the Internet is neither a machine nor controllable in any way — it is just a system of agreements which work in any circumstances. We don't need the Internet — the magic can happen anywhere."
The Pirate Bay database is on a Pentium 3 PC, and the kiosk — which has power — is equipped with a Wi-Fi router, according to a friend of the group contacted on Tuesday who did not want to be identified.
Passersby with computers who are within 100 meters of the kiosk can access the database of torrent files through the Wi-Fi, but the kiosk is not connected to the Internet, so no actual content can be downloaded, the person said. However, the information contained in those torrent files can be used to find and download content once connected to the Internet elsewhere.
The Web site that users see looks similar to that of The Pirate Bay. Since the kiosk went live on Sept. 7, between 100 to 150 people have used it, the group's friend said.
So far the city of Weimar hasn't stepped in. But anything involving The Pirate Bay inevitably brings trouble.
For years The Pirate Bay was assailed by the content industry, and Swedish authorities charged four of its operators with being accessories to crimes against copyright law. Fredrik Neij, Gottfrid Svartholm Warg, Peter Sunde and Carl Lundström were each sentenced in April to one year in prison and order to pay around 30 million Swedish kronor (US$3.6 million) in damages. An appeals court hearing will start Nov. 13 in Stockholm.
The Pirate Bay — which uses servers in various locations outside Sweden — is still serving torrents but is due to shut down and be revamped. A company called Global Gaming Factory X (GGF) announced in June plans to acquire The Pirate Bayfor 60 million Swedish kronor.
But GGF has run into stormy waters. The Swedish stock exchange AktieTorget delisted GGF after it found the company did not adequately inform its shareholders of The Pirate Bay acquisition. That's put the acquisition plans in jeopardy. However, GGF CEO Hans Pandeya told the Swedish daily Svenska Dagbladet last week the deal won't be affected.


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The Supreme Court of South Carolina
RE: Magistrate Court Financial Accounting Order
The judges of the magisterial courts of South Carolina being a part of the uniform statewide judicial system and pursuant to the provisions of Article V, Section 4, South Carolina Constitution,
IT IS ORDERED that each magistrate court of this State shall comply with the following financial recordkeeping standards. In those magistrate courts where more than one magistrate sits, such as a centralized magistrate court, the Chief Magistrate or his magistrate designee shall be responsible for the requirements under this Order.
|Bank Accounts
|Each magistrate court should have at least two (2) separate bank accounts for the deposit of all public monies received by the court in its official capacity: a civil account and a criminal/traffic account. However, if a court does not dispose of one or more of the two types of cases cited above, the need for that particular account is eliminated. Additionally, a magistrate court may choose to separate the criminal/traffic account into two accounts if that court�s criminal and traffic caseload justifies separate accounts. Finally, in addition to the accounts cited above, a court may create an escrow account for the temporary holding of funds for those cases requiring such an account.
|Each magistrate court shall
file with the Office of Court Administration within five (5) days of the
date of this Order, an official statement showing compliance with
provision I.A. above, unless such statement has previously been
filed. The statement shall include the name of the bank where the
magistrate court public funds are deposited, the title under which the
account is listed, and the number of the account. If any changes
occur in the required bank account information, the magistrate court must
immediately notify the Office of Court Administration of those changes in
|The uniform receipting system and uniform receipt book promulgated by the Office of Court Administration shall be used to record and maintain receipts for all monies collected by a magistrate court. Monies received by mail or directly from law enforcement officers shall be receipted the same day they are delivered or received. A receipt shall be issued immediately upon receipt of any and all payments.
|The receipt should include the following information:
|Receipt Number;
|Date received;
|Person remitting funds (in cases involving bond money, person who the bond should be returned to if the defendant appears for trial; in payments for restitution, person who is designated to receive payments);
|Amount remitted;
|Method of payment (cash, check, money order, credit or debit card, etc.);
|Charging document number or civil case number;
|Type of Case (Civil, Criminal, Traffic, Bond, etc.) (required in non-computerized courts only); and
|Person receiving funds (printed name or user ID and hand-written initials of person receiving funds).
|At the end of each day, all receipts issued shall be totaled, and the total indicated on the Daily Cash Summary Report.
|Voided receipts and receipts from mail payments shall be retained in the receipt book by attaching the receipt to the office copy. All voided receipts must be initialed by the magistrate. Computerized magistrate courts may use a computer generated report listing each voided receipt. In those cases, the magistrate shall initial each voided receipt number on that report. If mailed payments include a self-addressed, stamped enveloped, the receipt shall be mailed to payor. Mailed non-resident violator compact (NRVC) receipts shall be returned to the defendant, accompanied by the NRVC compliance form.
|All court services must be paid for as received. No credit may be extended on civil cases. If an individual is indigent and unable to pay, the magistrate court shall attach a copy of the Motion and Affidavit to Proceed in Forma Pauperis to the civil pleadings.
|Unless a magistrate court has only one employee, receiving of funds shall be done by a person not responsible for maintaining and reconciling financial records.
|The court employee receiving funds shall stamp �For Deposit Only" and the account number on all money orders and all checks as received.
|Computerized magistrate courts shall use computer generated receipts. All information required in provision II.B. above shall be included on computer generated receipts except where otherwise indicated. Computerized magistrate courts may use hand-written receipts issued by the Office of South Carolina Court Administration in emergency situations only.
|Each magistrate court shall post in conspicuous locations in the public areas of their offices, notices provided them by the Office of South Carolina Court Administration, notifying individuals making payments to the court of requirements that magistrate courts furnish them with receipts and requesting that they wait for receipts.
|Bank deposits must be made: (1) daily, or upon accumulation of $250.00, whichever occurs less often; (2) on each Friday; (3) and on the last working day of the month.
|Checks received may be listed on the deposit slip as funds are received, but must be listed at the close of business daily.
|Three (3) separate deposit slips shall be prepared for each separate account (criminal, traffic, and civil, if applicable). These deposit slips shall include:
|Date of deposit
|List of checks deposited (name of Defendant and amount of check must be included), total cash deposited, the starting and ending receipt numbers, and the total deposit.
|Deposit slips shall be prepared in triplicate, and each copy shall be validated by the bank upon presentment. One copy shall be retained by the bank. In computerized magistrate courts, the second copy shall be attached to the Daily Transaction Report. In non-computerized magistrate courts, the second copy shall be attached to the ending receipt number. The third copy shall be posted to the checkbook.
|Bank deposits shall be made at the end of the business day.
|Each magistrate court shall also make notations on each deposit slip as to any discrepancies identified between total receipts and monies collected.
|Checks and Check Register/Check Stubs
|A record of each check issued shall be written on the check register/check stub at the time of issuing the check. This check register/stub shall include the date, check payor, the case title and/or case number, a short explanation of the reason for the check, the check amount and receipt number, and any charging document number and the type of charging document. This information shall also be placed on the check. The amount of the check and the check number shall be entered on the receipt and on the charging document. All monies shall be receipted and disbursed by court check with no exception, including restitution.
|Bonds collected for other magistrates, municipal judges, or clerks of court shall be receipted like any other cash payment. These bonds shall be promptly deposited to the magistrate court�s official bank account and disbursed by check only, noting the required information (see Provision IV.A. above) on the check. These funds shall be transmitted to the trial court so as to arrive before the scheduled court date, or as required by Rule 3, SCrimP, in the case of general sessions charges.
|The check register/check stub(s) shall include the following information:
|All deposits made during the period between the use of the previously numbered check and the current check. If available space precludes listing all deposits, a total shall be entered.
|The date and amount of each check
|The current balance in the account as indicated by the check register at the time each check is issued.
|When the account is reconciled to the bank statement (see Provision VI below) the initials of the person reconciling the account, the date, and any adjustments shall be entered in the check register.
|All voided checks shall be retained in the checkbook or attached to the bank reconciliation statement.
|Because space is limited for entering deposits in the check register, it may be advantageous when listing numerous deposits to use a cash receipts log and carry totals to the deposit line on the check stub, or list the numerous deposits on the back of the previous check stub and carry totals to the deposit line on the check stub. The cash receipt log shall be retained pursuant to Provision VI.G. below.
|Remittances to the County Treasurer
|At the end of each monthly docket period, all funds related to that docket and accompanying documentation must be timely remitted, as required by State law, to the County Treasurer. This remittance must take place on the first Wednesday in each month or within ten (10) days thereafter.
|The remittance must include a full and accurate statement of all monies collected by the magistrate court on account of fines, penalties or forfeitures, or civil fees and costs during the past month together with the title of each case in which a fine, fee, or cost has been paid. Remittances must balance with the appropriate docket sheet(s).
|All documentation must be complete.
|Account Maintenance
|A schedule of bank statement dates shall be maintained for each separate account. If the statement is not received within five working days after it is usually received, the bank shall be notified.
|Each separate checkbook account balance shall be reconciled against the bank statement following each statement period. The reconciliation shall take place immediately upon receipt of the statement. The checking accounts must be reconciled as of the last working day of the month.
|Any variances between the magistrate's records (check register, etc.) and the bank's records (bank reconciliation statement) must be investigated and reconciled.
|The magistrate must initial the reconciled bank statement. This responsibility shall not be delegated to a staff person.
|Any worksheets, documents, etc. used in reconciling the account shall be maintained with the reconciled bank statement.
|Each month the magistrate court shall reconcile the bank statement to the dockets by adding the total of the disposed traffic docket, the total of the disposed criminal docket, the total pending civil docket, the total of the outstanding bond list, and other monies on deposit. The total of these items should equal the total of the bank account or bank accounts.
|All financial records referenced throughout this Order including, but not limited to, bank statements, receipts, check stubs, deposit slips, etc., shall be retained for a minimum of seven (7) years.
|Cross-training (This section does not apply to magistrate courts with a single employee.)
|All magistrates and their staff shall be cross-trained so as to ensure that proper procedures are followed in the absence of a staff member or a magistrate.
|These written procedures and any other appropriate procedures shall be available for use by the magistrate and the magistrate's staff.
|In the event a defendant is to make scheduled time payments, the following information shall be attached to or noted on the charging document or, in those computerized courts, maintained within the computer system: the total payments to be made, the date these payments are due, the date these payments are made, the receipt number and amount of each payment. Individual time payments shall be remitted to the County Treasurer for the month received and not retained and remitted when total payments are received.
|All unpaid NRVC forms shall be retained until payment is made. All paid NRVC forms shall be retained for ten years. When payment is received, those computerized magistrate courts shall note the date, amount of payment, and receipt number on the form or within the computer system. In those non-computerized magistrate courts, the page and line number that payment was entered on the docket must be included on the form, along with the date, amount of payment, and receipt number. The unpaid NRVC forms shall be kept separate from the paid NRVC forms and unpaid forms shall be turned over to the Chief Magistrate when there is a change in judicial office.
|Those magistrate courts that allow payments by credit or debit card must comply with the provisions of S.C. Code Ann. �14-1-214. Payment by credit or debit card is considered received by the court as of the time and date of the court�s acceptance of the card. If a payment by credit or debit card is not honored by the credit card company on which the funds are drawn, the court retains all rights and remedies provided in the statute referenced above.
|In those counties which have established a system for receipt of deposits in lieu of recognizance pursuant to S.C. Code Ann. � 22-5-530, the Chief Magistrate shall be responsible for ensuring that the established system complies with the provisions of this Order. Additionally, the Chief Magistrate must ensure that the county detention facility has a secure location to safe keep bond money as received. Detention facility personnel shall issue a receipt in triplicate when funds are received, one to be given to the defendant or person posting bond, one to be transmitted with the bond money to the court, and one to be retained by the detention facility. Funds receipted by detention facility employees shall be delivered to the court each day, and shall be accompanied with documentation indicating the identity of the defendant, charge, charging document number, amount of funds received, and the court�s copy of the receipt. Upon receiving these funds and documentation, the court shall issue a receipt to the individual from the detention facility who delivered the same. Any shortages or overages of funds discovered by detention facility personnel must be immediately reported to the Chief Magistrate upon discovery.
|While not required by law, if the magistrate court chooses to accept payments in the case of restitution, earnest money in interpleader actions, rent paid into the magistrate court in the case of landlord-tenant cases, or other similar payments, the magistrate court shall receipt the payment, deposit the payment into the official bank account, and disburse the proceeds by check as required by this Order.
|The required training of the staff of the magistrate as to proper procedures for handling the monies of the magistrate�s office shall not relieve the magistrate from personal responsibility for compliance with all applicable requirements for the handling of monies and the record keeping related thereto.
|Any municipal court which chooses to participate in the Judicial Department�s Statewide Court Case Management System must comply with all provisions of this Order. Only court personnel may receive and/or disperse court funds. This subsection applies to all municipalities currently in agreement to so participate, and all municipalities who agree to so participate subsequent to the effective date of this Order.
|Each magistrate court shall immediately report in writing to the Office of Disciplinary Counsel of the Supreme Court of South Carolina and to the Office of South Carolina Court Administration when any of the following occurs: (1) the discovery of any shortage or overage of funds of the magistrate court in excess of $25.00; an internal file shall be maintained by the magistrate court of any shortage or overage of funds of $25.00 or less, and any annual aggregate shortage or overage of $100.00 must be reported in writing as required above; the annual internal file must be retained for seven (7) years as required by this Order; (2) when any check of the magistrate office is returned marked "NSF", "not sufficient funds", or otherwise dishonored upon presentment; (3) when a magistrate receives a check written on any other magistrate�s bank account which is not honored upon presentment; (4) and when a magistrate has knowledge of a negative balance in that magistrate�s or any other magistrate�s bank account. Any written reporting required herein shall include a statement from the reporting magistrate based on his/her best information and belief as to the reason for the discrepancy which facilitated the reporting.
While the Court recognizes that magistrates must utilize employees of their office to assist in the handling of the monies of their office, each magistrate is personally responsible for compliance with all procedures for the handling of the monies of their magisterial office and proper recordkeeping related thereto and shall regularly, but no less than monthly, review bank statements and other records to insure such compliance.
IT IS FURTHER ORDERED that each magistrate court of this State shall fully cooperate in a timely manner with the audits made by appropriate officials of their respective counties or of this State except where to do so would be at variance with this or any other Order of this Court or the published procedures of the Office of South Carolina Court Administration or where otherwise authorized in writing by Order of this Court or the Director of the Office of South Carolina Court Administration. Upon appropriate request by State or local officials, the magistrate court shall immediately make available and provide access, including computer access, to all official court records and documents for full inspection by appropriate officials. Such records and documents shall include but not be limited to banking and financial accounts and statements, canceled checks, bills, receipts, cash, money orders, drafts, charging papers, and dockets. The appropriate official may retain the original records and documents but shall provide the magistrate court with a receipt for records and documents, and shall provide the court with copies of documents retained, if necessary for the operation of the magistrate court.
These financial recordkeeping standards are minimum standards. This Order revokes and supersedes all previous Orders by the Chief Justice addressing individual financial recordkeeping standards in specific counties. This Order further revokes those previous Orders of the Chief Justice addressing financial recordkeeping standards in the magistrate�s courts of this State, including those Orders dated July 7, 1977 concerning court bank accounts, July 22, 1983 concerning numbered receipts, July 12, 1984 concerning remittances to County Treasurers, July 17, 1987 concerning records retention and required disclosures, December 14, 1987 concerning public notice of receipts, and November 9, 1999 concerning financial recordkeeping standards.
The provisions of this Order are effective immediately, and shall remain in effect unless amended or revoked by further Order of the Chief Justice.
s/Jean Hoefer
March 13, 2007
Columbia, South Carolina


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By Eric Lindstrom
"Ships at a distance have every man's wish on board." — Zora Neale Hurston
So, we are back in port in the Azores Islands of Portugal. Knorr 209-1 was a fabulous voyage and it did feel that we had many a man's wish on board. Those included wishes for our data collection from all the scientists involved in SPURS and well wishes from all the family members of the expedition and finally the good wishes of you, my blog audience.
Thank you all for following my SPURS adventure so far. The saga continues for another year. We have instruments in the water and more expeditions ahead (in March and September 2013). Each expedition will be slightly different in nature but overall working toward the SPURS goal of understanding the surface salinity maximum in the Atlantic and the water cycle on the planet. I'll be going into a different mode of blogging now, to provide you updates on the science and the observations as the year goes along. With good fortune, I will get back to sea for the final leg of SPURS in September 2013. If you would like another voyage blog from the Sargasso Sea in 2013, let your voices be heard in the comments section below!
After several days of riding a lumpy swell from Tropical Storm Oscar, we were greeted by the magnificent sight of greenery and civilization at Ponta Delgada on the island of São Miguel.
The expedition was a success scientifically. We got our sensor web in the water for the coming year: three moorings, 25 Argo floats, 18 surface drifters, three Wavegliders, three Seagliders, and a Lagrangian Mixed Layer Float. We completed a wide variety of shipboard deployments: 764 Underway CTD casts, 100 CTD/LADCP Stations, 30 Vertical Microstructure Profiles, 33 AUV missions, three Slocum glider turbulence missions, and a full suite of continuous measurements including ocean velocity profiles, thermosalinograph and meteorology/fluxes. We accomplished the objectives we had laid out for us – deploy the sensor web (week 1), do a control volume survey around the moorings (week 2), and map a mesoscale ocean feature (week 3). We were able to squeeze in some extras, like a 24-hour time series in the saltiest water and pick up a glider from the French expedition in August.
The expedition was a success for NASA and WHOI. We even caught the attention of the International Space Station and had a great 30-minute chat with Commander Sunita Williams about research in sea and space and the strong connections between the space program and oceanography.
The expedition was a success in interagency cooperation. SPURS is led by NASA, but has enormously important contributions from NSF, NOAA, and the Office of Naval Research. It takes a village to put on a good oceanographic process study!
I created a "SPURS Illustrated Campaign Summary" from our Knorr expedition. I will make it available to all of you as part of a future post. There will also be movies available from the Space Station call and from the expedition, which are still in the editing process.
Your questions and comments on SPURS are always welcome. Use the comments section of any of the posts and I will get the message. Your interest and curiosity provides directions for future blogs and helps me put into words some of the technical aspects of SPURS that may not be fully understood.
Thanks you all for again following along on our Knorr SPURS expedition. There is much more to come, so stay tuned!
Tags: NASA, oceanography, salinity, SPURS, SPURS1


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Outdoor Lighting (86 Outdoor Lighting)
Cleverly placed lights enhance your garden in a way no other feature can. By adding lights around your garden, you not only make it safer to travel through in the dark, but can also highlight your favorite plants and even deter intruders. Candles can be placed on a flat surface for a bit of ambience, and citronella varieties help prevent insects from swarming the area. Lanterns often use candles for their light source, and look great lining a walkway or resting on a table. For a safer option if children and pets are around, solar lanterns and tabletop lights create a wonderful glow without using any electricity, and keep your yard free of extra wires. Small LED bulbs in electrically powered lights emit a bright glow, and come in many colors. Add motion activated lights to the corners of your buildings for safety, ensuring that they only turn on when activated by a person or animal. Accessories such as candleholders, replacement discs and covers, and cords can also help in perfectly situating your lights. Enhance your garden using outdoor lighting.
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Ithaca College's Third Annual Business Idea Competition concluded on Nov. 14, with the final results designating that three concepts won a first-place prize of $1,000. With categories of Lifestyle, Health & Safety and Services, the three winning ideas each took on distinct issues, submitting an array of ideas for their businesses.
For junior Zach Briggs, award-winning ideas are found at the bottom of his apartment's clogged sink. At the outset, his food-clogged pipes were something that Briggs figured he would have to write off as an inevitable nuisance. But as the water rose and the plumbers came and went, he said he realized that a jammed-up sink was an issue for which few had a simple solution.
"As soon as that drain problem happened, I was like, 'People just think about this as something that just happens,'" Briggs said. "But they don't think of this as a problem because it can't be fixed currently."
Briggs decided that if few were thinking about a clogged drain, then he would do the thinking for them. He conceived "Drainflower," a clean hands drain-clearing device that attaches to a standard drain catcher and hangs down into the pipe. Using a series of silicone blades, or "petals," the device acts as a no-power garbage disposal, effectively keeping pipes clear. He entered "Drainflower" into the competition and took first place in the Lifestyle category.
Brad Treat, temporary contest administrator who oversaw the progression of the competition's projects, said Briggs' biggest strength was reaching out to the audience that his idea would impact most.
"The good businesses are doing a couple things," Treat said. "One is, they solve a real problem, and the other is they go and talk to real customers. And Zach's a good example with 'Drainflower.' His idea got much better as he went and talked to potential customers."
With plans to use his prize money to develop a prototype, Briggs said he sees the invention succeeding in the future.
"I could absolutely see this type of product being standard," he said. "You have a fork, you have spoon, you have a drain catcher and now you're going to have a Drainflower."
As Briggs' "Drainflower" takes on the woes of clogged plumbing, physical therapy graduate students Antoine Connors and James Newton's "Snoball" intends to follow more therapeutic pursuits. They took first prize in Health & Safety with their design of a new spherical take on the ice-pack that is rollable, splits into two hemispheres and numbs whatever hurts. The pair agreed that fashioning their prize-winning design was the greatest challenge.
"We wanted something that was highly functional, cheap to make and to sell and would work very well," Connors said. "When you combine that trifecta, it's a nightmare."
With the intent to have a working prototype by 2014, Newton and Connors are on the fast track to seeing "Snoball" realized. Newton said once the competition ended, the outpouring of excitement from the audience solidified the product's potential.
"Getting that kind of feedback from people who don't even know us or know anything about our product really was kind of the eureka moment," Newton said.
While others strive to devise future household staples, contestants like senior Luca Pandolfi prefer to brainstorm on a much larger scale. Pandolfi's "Eterna," a proposed self-sustainable mass production farm, would aid production of basic human needs in less arable regions of Africa. Pandolfi said in his presentation that his years of study on the topic inspired the project.
"The problem that kept arising throughout my studies is hunger in Africa, which seems to be a dominant problem throughout the last few decades, and there still hasn't been any major steps toward resolving it," Pandolfi said.
"Eterna's" only inputs are sun, wind and seawater. From these three resources, the farm would be capable of producing drinking water, animal products, electricity, biofuel and produce. But with a projected price-tag of $10 million, there is still a ways to go before "Eterna" becomes a reality.
Looking toward the future, Pandolfi said he ultimately wants to turn "Eterna" into a leader in researching sustainable enterprise.
"I really wanted to make a project that could become the new leading company in sustainable research technology," Pandolfi said. "That was the idea, to make something that once the first one worked out, and it worked out well, I could start building these farms all over the world."
Though Pandolfi's goals are especially ambitious, Treat said "Eterna's" large scope is an exciting prospect.
"[Luca] is a big, big thinker," Treat said. "When you start talking about 'I'm going to change the world' or solving world hunger — we're swinging for the fences, baby."
Be it drain cleaners, ice-packs or mass-producing farms, each of the concepts seeks to serve their own purpose. Despite their differences, the proposals all find one common ground: a passion to see their visions become reality. Treat said the true prize for competitors is to see their project take a step closer to reality.
"I think for them, it makes [their idea] real," Treat said. "We're not asking them to create something for the sake of a grade, they're building something for themselves. I think they like that reality aspect of it."


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Historic Emmitt House Destroyed In Fire
A southern Ohio landmark restaurant has been badly damaged by fire. The historic Emmitt House in Waverly burned Monday night as firefighters dealt with frigid temperatures trying to put it out. Officials said the eatery, built as a hotel in 1861, is probably a total loss. The building has gone through several owners over recent years and several openings and closings. The current owner had reopened it in September. But it has gained national exposure for supposedly being haunted, most recently in March when it was featured on an episode of the SyFy Network series "Haunted Collector." Around 60 firefighters from several area departments fought the blaze in below-zero temperatures. Waverly is about 60 miles south of Columbus.