Togolese Republic Legal Profile

Togo has a civil law based legal system (inherited from its French colonial past) while also incorporating elements of customary law, international law and constitutional law.

The country is divided into five regions, Maritime, Plateaux, Centrale, Kara, and Savanes.  The five régions are subdivided into préfectures, each of which is headed by a district chief assisted by a district council.

Togo joined the Commonwealth in June 2022. (The Commonwealth is a voluntary association of 56 independent and equal countries. Its roots go back to the British Empire but today any country can join the modern Commonwealth).           

Togo Constitutional Framework

The Constitution of Togo was originally adopted in 1992, with amendments made over the years since. It lays out the fundamental rights of citizens, the structure of government, and the relationship between the different branches of government.

The Constitution guarantees fundamental human rights such as freedom of expression, equality before the law, the right to fair trial, freedom of assembly, and the right to vote.

Togo has a semi-presidential system of government with a President who holds significant executive power and a Prime Minister who heads the government. The Constitution ensures the separation of powers between the executive, legislative, and judicial branches.

Constitutional amendments require approval by a two-thirds majority in the National Assembly and may be subject to a referendum.

2024 Constitutional Reform

A significant change occurred with the adoption of a new constitution on March 25, 2024, enacted by the President of the Republic (PR) on May 6, 2024, marking Togo’s entry into its fifth republic, transitioning the country from a semi-presidential to a parliamentary system.

Under the new system, the PR will hold ceremonial powers, while the President of the Council with a 6-year renewable term and chosen from the majority party in Parliament, will govern with full decision-making and civil and military appointment authority. The new National Assembly was inaugurated on May 21, 2024, following elections largely won by UNIR, raking 108 seats against 5 for the opposition (in the legislatives), and 137 seats against 42 for the opposition (in regional elections).

On August 21, 2024, a new 35-member caretaker government was appointed, led by Prime Minister Victoire Dogbe. This government will oversee the transition until the full installation of institutions of the fifth republic.

The adoption of the new constitution was met with large protests and responded to with a heavy police presence.

Togo Legal Framework

Most laws in Togo are written statutes, passed by the National Assembly (Togo’s parliament). This includes criminal law, civil law, commercial law, and labour laws.

While Togo is a modern state with a codified legal system, customary law still plays a role, especially in rural areas, particularly in matters of family law, inheritance, and land rights. Customary law varies from region to region and is generally applied alongside the national legal framework.

Togo is a signatory to various international treaties and conventions, particularly in areas like human rights, trade, and environmental protection. These international agreements influence Togo’s domestic legal system.

In Togo, case law (judicial precedents) plays a secondary role in the legal system, but higher courts’ rulings, particularly from the Supreme Court, can influence interpretations of the law.

Togo Legal Education and Training

The University of Lomé offers law programs that train future lawyers. The legal profession in Togo is regulated, and lawyers must pass the National Bar Examination to practice law.

Religious Influence:

While Togo’s legal system is primarily based on civil law, there is some influence from customary laws, especially in areas like family and property law. Religious courts do exist, but their jurisdiction is limited, and they primarily handle personal matters within the Muslim community.

Rankings and Recognition:

Togo’s legal system has been ranked 103rd out of 139 countries on the World Justice Project’s Rule of Law Index. This ranking indicates challenges in areas such as constraints on government powers, absence of corruption, and fundamental rights.

Anti-Corruption Measures

Togo has adopted legislation and transposed several preventive anti-corruption provisions into its 2015 Criminal Code. Legislation on access to information (2016), asset declarations for public officials (2020) and the application of financial transparency directives stemming from the West African Economic and Monetary Union complement this progress. Furthermore, reforming the national public procurement landscape through the creation of regulatory procurement bodies, and the digitisation of administrative procedures and public services via e-Government projects demonstrate the country’s commitment to making progress.

However, despite these advances, Togo continues to suffer from poor performance in its quality of public services (exacerbated by bribery and racketeering); weak public access to information; low levels of citizen participation in decision-making processes, and an incomplete legal framework characterised by overlap and ambiguity in the roles and responsibilities of the central anti-corruption actors and institutions.

Law Enforcement

Law enforcement in Togo is primarily handled by the Police Nationale and the Gendarmerie Nationale Togolaise. The Police Nationale is responsible for law enforcement, protection of people and property, prevention of delinquency, and maintenance of public order.

The Gendarmerie Nationale Togolaise is a paramilitary force that also plays a role in maintaining security. There are efforts to align police use of force with international standards, although challenges remain.

The Police Nationale in Togo consists of approximately 4,000 members whilst the Gendarmerie Nationale Togolese (Togolese National Gendarmerie) consists of approximately 2,710 members

Togo has faced significant human rights challenges. Reports indicate issues such as arbitrary or unlawful killings, torture or cruel, inhuman, or degrading treatment, harsh prison conditions, arbitrary arrest or detention, and restrictions on freedom of expression and assembly. The government has been criticised for not taking sufficient steps to investigate and punish officials responsible for these abuses.

Counter Terrorism

Current Threats:

Togo faces increasing threats from violent extremist organisations originating from the Sahel region, particularly from northern Benin and Burkina Faso. These groups have been targeting northern Togo, with incidents including improvised explosive devices (IEDs) and ambushes. The Jama’at Nusrat al-Islam wal-Muslimin, an al-Qaida affiliate, has claimed responsibility for several attacks. The violence has gradually spread from the northern regions to other parts of the country.

Northwest Region:

The Northwest of Togo, particularly the Savannahs region, has seen a rise in terrorist activities. Attacks have targeted both civilians and military personnel, with IEDs and ambushes. The government has declared a state of security emergency in the northern border regions to enhance counter-terrorism efforts.

Northeast Region:

Violent extremist organizations from northern Benin and Burkina Faso have increasingly targeted north east Togo. For instance, in June 2024, four people were killed in the north-central town of Bonzougou after riding over an improvised explosive device (IED). Additionally, in July 2024, the Jama’at Nusrat al-Islam wal-Muslimin (JNIM) claimed responsibility for an attack on Togolese Army forces in Kpankankandi, near the border with Burkina Faso, resulting in the deaths of at least 12 soldiers.

These attacks have led to significant security concerns and displacement of residents in the affected areas

Cohesive Approach:

The Inter-Ministerial Committee for the Prevention and Fight against Violent Extremism (CIPLEV) was established in 2019 to coordinate efforts across various ministries and local authorities. This committee works in collaboration with civil society, security forces, and local leaders to address the threat of violent extremism. Additionally, Togo has partnered with international allies, including the United States, to strengthen its security and stability.

Counter-Terrorism Summary:

Togo has been working to strengthen its security and stability against extremism. The government established the Inter-Ministerial Committee for the Prevention and Fight against Violent Extremism (CIPLEV) in 2019, with support from international partners like the United States. This committee includes representatives from various ministries and local authorities, working together to address the threat of violent extremism.

Togo declared a state of emergency in the northern Savanes region on 13 June 2022 due to incursions by jihadist groups linked to al-Qaeda and the Islamic State. Based in the Sahel region, notably Burkina Faso, these groups are seeking a foothold in northern Togo. Although security forces are stepping up their presence there, the threat remains, and the state of emergency was extended for a second time in March 2023 for 12 months.

Togo also collaborates with regional and international allies to enhance its counter-terrorism capabilities. Efforts include strengthening law enforcement agencies, enhancing intelligence capabilities, and implementing stringent border controls.

Armed Forces

The Togolese Armed Forces consist of approximately 8,800 personnel. This includes:

• Army: 8,800 members
• Air Force: 650 members
• Navy: 220 members
• Paramilitary: 2,500 members

Special Forces Capability:

Togo’s military includes a Special Forces unit known as the Rapid Intervention Force. This unit is trained for rapid response and specialized operations. Additionally, the Presidential Guard regiment, which is a commando unit, provides elite protection for the President and other high-ranking official.