The African Commission on Human and Peoples’ Rights meeting at its 37th Ordinary Session held from the 27th of April to the 11th of May 2005 in Banjul, The Gambia;

Recalling that following the death of the late Gnassingbe Eyadema, former President of the Republic of Togo, the country was plunged into a constitutional crisis;

Aware that following concerted efforts of the African Union, the Economic Community of West African States (ECOWAS) and the international community, the authorities in the Republic of Togo accepted to conduct free and fair presidential elections;

Concerned that events in Togo prior, during and after the presidential election were characterized by violence which resulted in the outflow Internally Displaced Persons (IDPs) and of refugees into neighbouring countries, instability and violation of fundamental and basic rights of individuals and citizens in Togo;

Concerned that the presidential election was characterized by irregularities which call to question the integrity of the electoral process and its results, both of which have created conditions for violation of human rights in the wake of the violence and its suppression by government security forces ;

Recalling that the current Chairperson of the African Union undertook consultations with some of the Togolese political leaders with a view to promoting respect for the outcome of the elections and the need to establish a government of national unity;

CALLS ON the newly elected President, Faure Gnassingbe, to form a government of national unity as agreed in Abuja on the 25 April 2005;

CALLS ON the Government of Togo to create conducive conditions for the voluntary return of Internally Displaced Persons (IDPs) and the more than 15,000 refugees who have fled to the neighbouring countries in the aftermath of the presidential elections;

DECIDES to send a fact-finding mission to Togo to investigate the violations of human rights which occurred prior, during and after the presidential elections.

Adopted in Banjul, the Gambia on 11 May 2005.