FAQ’s of Legislation
Togo Constitution
Preamble
We, the people of Togo, putting us under the protection of God,
§ Recognizing that since its accession to international sovereignty April 27, 1960, Togo, our country has been marked by deep social and political change in its march towards progress,
§ aware of the solidarity that binds us to the international community and especially to African peoples,
§ decided to build a rule of law in which the fundamental rights of human, civil liberties and dignity of the human person must be guaranteed and protected,
§ convinced that such a state cannot be based on political pluralism, the principles of Democracy and Protection of Human Rights as defined by the United Nations Charter of 1945, the Universal Declaration of Human l Man of 1948 and the International Covenants of 1966, the African Charter on Human and Peoples’ Rights adopted in 1981 by the Organization of African Unity
o solemnly proclaim our commitment to fight any political regime founded on arbitrariness, dictatorship, injustice,
o affirm our determination to cooperate in peace, friendship and solidarity with all peoples of the world in love with the democratic ideal, based on the principles of equality, mutual respect and sovereignty,
o commit ourselves resolutely to defend the cause of National Unity, the African Union and to work towards the integration of sub-regional and regional
o approve and adopt, solemnly, this Constitution as Fundamental Law of the State of this preamble is an integral part.
TITLE I – STATE AND SOVEREIGNTY
§ Article I – The Togolese Republic is a state of law, secular, democratic and social. It is one and indivisible.
§ Art. 2 – The Republic of Togo ensures equality before the law for all citizens without distinction of origin, race, sex, social status or religion. It meets all political views, philosophical as well as all religious beliefs. Its principle is government of the people by the people and for the people. His motto is: “Labor – Freedom – Fatherland”.
§ Art. 3 – The national emblem is the flag consists of five horizontal stripes alternating green and yellow. It is in the upper left a white star with five points on the bottom red square. The National Day of the Republic of Togo is celebrated on April 27 of each year. The seal of the state is constituted by a metal plate in bas-relief round of 50 millimeters in diameter and designed to print the mark on the state acts. It is upside down, to type, the arms of the Republic, the caption, “On behalf of the Togolese people” and stressed, “Republic of Togo. The arms of the Republic of Togo are well established: – ECU Silver oval border and vert, in chief of the national emblem, two flags and backed currency on banner, in the heart of the original sand of the Republic of Togo on gold notched, pointed, Gules two lions backed. – The two young lions represent courage of the people of Togo. They hold the bow and arrow, using traditional combat, to show that true freedom of the people of Togo is in his hands and his strength lies primarily in its own traditions. Lions backed up and express the vigilance of the Togolese people without the care of his independence from east to west. The national anthem is “land of our ancestors.” The official language of the Republic of Togo is French.
§ Art. 4 – The sovereignty belongs to the people, he carries his representatives and by way of referendum. No section of the people, no body of the state nor any individual may assume the exercise. The referendum initiative is, concurrently, to the people and the President of the Republic. A popular initiative referendum can be organized at the request of at least five hundred thousand (500 000) voters representing more than half of the prefectures. More than fifty thousand (50 000) of them shall not be registered as voters in the same prefecture. The request must include the same text. His consistency will be assessed by the Constitutional Court.
§ Art. 5 – The suffrage is universal, equal and secret. It can be direct or indirect. Which voters under the conditions laid down by law, all Togolese nationals of both sexes, aged eighteen (18) years of age and enjoying their civil and political rights.
§ Art. 6 – Political parties and groupings of political parties contribute to the formation and expression of political will of the people. They are free and operate in compliance with laws and regulations.
§ Art. 7 – Political parties and groupings of political parties must respect the Constitution.
§ Art. 8 – Political parties and groupings of political parties have a duty to contribute to the political and civic education of citizens, the consolidation of democracy and the construction of national unity.
§ Art. 9 – The law determines the modalities for the establishment and functioning of political parties.
PART II – RIGHTS, LIBERTIES AND DUTIES OF CITIZENS SUB-TITLE I: RIGHTS AND FREEDOMS
§ Art. 10 – Every human being carries with it the inalienable rights. The safeguarding of these rights is the purpose of any human community. The State has an obligation to respect, ensure and protect them. Legal persons may enjoy the rights guaranteed by this Constitution to the extent that these rights are compatible with nature.
§ Art. 11 – All human beings are equal in dignity and rights. The man and woman are equal before the law. No person shall be favored or disadvantaged because of his family background, ethnic or regional origin, sas economic or social status, political beliefs, religious, philosophical or other.
§ Art. 12 – Every human being has the right to development, the physical, intellectual, moral and cultural person.
§ Art. 13 – The State has an obligation to ensure the physical and moral life and safety of everyone living in the country.
§ Art. 14 – The rights and freedoms guaranteed by this Constitution shall be subjected to restrictions expressly provided by law and necessary to protect national security or public order, public health, of morals or the fundamental rights and freedoms of others.
§ Art. 15 – No one shall be arbitrarily arrested or detained. Anyone who is arrested without legal basis or detained beyond the period of custody may, at his request or that of any person, seize the judicial authority designated for that purpose by law. The judicial authority shall decide without delay on the lawfulness or propriety of his detention.
§ Art. 16-An accused or detained must receive treatment that preserves his dignity, his physical and mental health and helps their reintegration. No one has the right to prevent a prisoner or detainee to be examined by a doctor of his choice. Every accused has the right to legal counsel at the stage of preliminary investigation.
§ Art. 17 – Any person arrested has the right to be immediately informed of the charges against her.
§ Art. 18 – An accused or defendant is presumed innocent until his guilt has been established following a trial that offered the guarantees necessary for his defense. The judiciary, the guardian of individual liberty, enforces this principle as provided by law.
§ Art. 19 – Everyone is entitled in any matter that his case is heard and adjudicated fairly within a reasonable time by an independent and impartial. No person may be convicted for acts that do not constitute an offense when they were committed. Apart from the cases provided by law, no person shall be molested or convicted of the charges against others. Damage resulting from an error of law or those resulting from abnormal functioning of the administration of justice gives rise to compensation paid by the state, according to law.
§ Art. 20 – No one shall be subjected to measures of control or security outside the cases provided by law.
§ Art. 21 – The human person is sacred and inviolable. No one shall be subjected to torture or other forms of cruel, inhuman or degrading treatment. No one can escape the punishment of such violations by invoking the order of a superior or a public authority. Any individual or public official guilty of such acts, either on its own initiative or on instructions will be punished according to law. Any individual or agent of the state is
relieved of the duty of obedience when the order is received a serious manifest respect for human rights and civil liberties.
RIGHTS, FREEDOMS AND DUTIES OF CITIZENS
§ Art. 22 – A citizen of Togo has the right to move freely and settle in the country at any point of his choice under the conditions defined by law or local custom. No Togolese be denied the right to enter TOGO or leave. An alien lawfully in the territory of Togo and that comply with applicable laws has the freedom to move, to choose his residence and the right to leave freely.
§ Art. 23 – An alien may be deported or extradited from the territory of Togo by virtue of a decision according to law. It must be able to make his defense before the competent judicial authority.
§ Art. 24 – No Togolese cannot be extradited from the country.
§ Art. 25 – Everyone has the right to freedom of thought, conscience, religion, worship, opinion and expression. The exercise of these rights and freedoms is in compliance with the freedoms of others, public order and standards established by law and regulations. The organization and practice of religious beliefs freely exercised in respect of the law. It is even philosophical. Religious denominations have the right to organize and operate freely while respecting the law.
§ Art. 26 – Freedom of press is recognized and guaranteed by the state. It is protected by law. Everyone has the freedom to express and disseminate by word, writing or other means, opinions or information it holds within the limits defined by law. The press may not be subject to prior authorization, the suretyship, censorship or other barriers. The prohibition may be imposed only by a court decision.
§ Art. 27 – The right to property is guaranteed by law. There cannot be infringed except on grounds of public use legally established and after a fair and prior compensation. No person may be seized his property by virtue of a decision by a judicial authority.
§ Art. 28 – The home is inviolable. It cannot be subject to search or visit police in the forms and conditions prescribed by law. Every citizen has the right to respect for his private, honor, dignity and image.
§ Art. 29 – The State guarantees the confidentiality of correspondence and telecommunications. Every citizen has right to secrecy of correspondence, communications and telecommunications.
§ Art. 30 – The State recognizes and guarantees the conditions laid down by law, the exercise of freedom of association, assembly and peaceful demonstration and no instruments of violence. The State recognizes private education denominational and secular.
§ Art. 31 – The State has an obligation to ensure the protection of marriage and family. Parents have a duty to provide maintenance and education of their children. They are supported in this task by the State. Children, whether born in or out of wedlock, are entitled to the same family and social protection.
§ Art. 32 – The Togolese nationality law is attributed to children whose father or mother of Togo. Other cases of attribution of nationality are regulated by law.
§ Art. 33 – The State shall make or cause for people with disabilities and seniors measures to make them immune from social injustice.
§ Art. 34 – The State recognizes citizens’ right to health. It endeavors to promote it.
§ Art. 35 – The State recognizes the right to education of children and creates favorable conditions for this purpose. School is compulsory for children of both sexes until age 15. The State shall progressively provide free public education.
§ Art. 36 – The state protects youth against any form of exploitation or manipulation.
§ Art. 37 – The State recognizes every citizen the right to work and strives to create conditions for realization of this right. It assures each citizen equal opportunity in employment and guarantees every worker a fair and equitable. No person may be injured in his job because of her sex, its origins, beliefs or opinions.
§ Art. 38 – It is granted to citizens and local authorities the right to an equitable redistribution of national wealth by the state.
§ Art. 39 – The right to strike is granted to workers. It operates under the laws which regulate. Workers may form unions or join unions of their choice. Any worker may defend as provided by law, its rights and interests, either individually or collectively or through trade union action.
§ Art. 40 – The State has the duty to safeguard and promote the national cultural heritage. § Art. 41 – Everyone has the right to a healthy environment. The state ensures the
protection of the environment.
SUBTITLE II – DUTIES
§ Art. 42 – Every citizen has the sacred duty to uphold the Constitution and laws and regulations of the Republic.
§ Art. 43 – The defense of the homeland and the integrity of national territory is a sacred duty of every citizen.
§ Art. 44 – Every citizen has the duty to attend a national service under the conditions defined by law.
§ Art. 45 – Every citizen has the duty to combat any person or group of persons who attempt to change by force the democratic order established by this Constitution.
§ Art. 46 – Public property is inviolable. Any person or public officer must scrupulously respect and protect. Any act of sabotage, vandalism, misuse of public property, bribery, embezzlement is punishable as provided by law.
§ Art. 47 – Every citizen has the duty to contribute to public office under the conditions defined by law.
§ Art. 48 – Every citizen has the duty to ensure respect for rights and freedoms of other citizens and to safeguard the security and public order. It works to promote tolerance and dialogue in its relations with others. He has the obligation to protect the national interest, social order, peace and national cohesion. Any act or event racist, regionalist, xenophobia are punishable by law.
§ Art. 49 – Security forces and police, under the authority of the Government, are responsible for protecting the free exercise of rights and freedoms and guarantee the safety of citizens and their property.
§ Art. 50 – The rights and duties enshrined in the Universal Declaration of Human Rights and international instruments concerning human rights ratified by TOGO, are part and parcel of this Constitution.
TITLE III-THE LEGISLATIVE POWER
§ Art. 51 – The legislative power delegated by the people is exercised by a parliament composed of two assemblies, the National Assembly and Senate. Members of the National Assembly shall be entitled member of the Senate and those bearing the title of Senator.
§ Art. 52 – Deputies are elected by direct universal suffrage and secret ballot at a plurality (01) tour for five years. They are re-elected. Each member is the representative of the whole nation. Any imperative mandate is null. The elections take place within thirty (30) days preceding the expiration of the mandate of deputies. The National Assembly meets on the second Tuesday following the date of official announcement of results. Any member of the armed forces or public security, which wishes to be a candidate for deputy, shall, prior to his resignation from the military or public safety. In this case, the person may claim entitlement to rights acquired under the statutes of his body. A law shall regulate the number of members, their allowances, the conditions’ eligibility, the system of incompatibilities and the conditions under which it is provided to fill vacancies. An organic law determines the status of former members. The Senate is composed of two thirds (2 / 3) persons elected by the representatives of local authorities and one third (1 / 3) of persons appointed by the President of the Republic. The term of office is five senators (05) years. A law shall regulate the number of senators, their benefits, the eligibility or designation, the system of incompatibilities and the conditions under which it is provided to fill vacancies. An organic law determines the status of former senators.
Members of the National Assembly and the outgoing Senate by end of term or termination, shall remain in office until the taking of actual function of their successors.
§ Art. 53 – The deputies and senators enjoy immunity. No member, no senator cannot be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the exercise of its functions, even after the expiry of its mandate. Except in cases of flagrante delicto, MPs and senators can be arrested or prosecuted for crimes or offenses after the lifting by their respective assemblies, their parliamentary immunity. Any procedure of the act committed against a deputy or a senator cons is promptly brought to the attention of officers of their Assembly. A member or senator can not in session, be arrested without the authorization of the Office of the Assembly to which he belongs. The detention or prosecution of a deputy or a senator is suspended if the meeting at which it is required.
§ Art. 54 – The National Assembly and Senate are each headed by a President assisted by a bureau. The chairs and desks are elected for the term of the legislature under the conditions laid down by the rules of each House. In case of vacancy in the presidency of the National Assembly or the Senate, by death, resignation or any other cause, the National Assembly or the Senate elects a new president within fifteen (15) days after the vacancy, if it / it is in session, otherwise, he or she meets the right under the conditions laid down in its rules of procedure. It is provided in replacement of other officers, in accordance with the rules of each House. An organic law determines the status of former presidents of the National Assembly and Senate, particularly as regards their wages and safety.
§ Art.55 – The National Assembly shall meet as of right in two (02) sessions each year. The first session begins the first Tuesday in April. The second session begins the first Tuesday in October. The Senate shall meet as of right in two (02) sessions each year. The first session begins the first Thursday of April. The second session begins the first Thursday of October. Each session lasts three (03) months. The National Assembly and Senate are convened in special session by their respective presidents on a specific agenda at the request of the President of the Republic or the absolute majority of deputies or senators. The deputies or senators split once the agenda is over.
§ Art. 56 – The right to vote of MPs and senators is personal. The rules of the National Assembly or the Senate may authorize exceptionally delegation to vote. In this case, no person may act on behalf of more than one term.
§ Art. 57 – The operation of the National Assembly or the Senate is determined by rules adopted in conformity with the Constitution.
TITLE IV – THE EXECUTIVE POWER SUB-PART I: THE PRESIDENT OF THE REPUBLIC
§ Art. 58 – The President of the Republic is the Head of State. He is the guarantor of independence and national unity, territorial integrity, respect for the Constitution and
treaties and international agreements. It guarantees the continuity of government and institutions of the Republic.
§ Art. 59 – The President is elected by direct universal suffrage and secret ballot for a term of five (05) years. He is eligible. The President of the Republic remains in office until making actual function of his elected successor.
§ Art. 60 – The election of the President of the Republic is by ballot a plurality (01) tour. The President of the Republic is elected by a majority of votes cast.
§ Art.61 – The vote is called by the electoral body by decree of the Council of Ministers sixty (60) days at least and sixty five (75) days before the expiry of the mandate of the President.
§ Art. 62 – No person may be a candidate for office of President of the Republic if: – Is exclusively Togolese nationality by birth; – Is thirty five (35) years of age at the date of filing the application; – Do enjoy all its civil and political rights;
– Presents an overall well-being and mental duly noted by three (03) doctors sworn, appointed by the Constitutional Court; – Not resident in the country for twelve (12) months at least.
§ Art. 63 – The office of President of the Republic are incompatible with the parliamentary mandate, any position of occupational representation at national and any private or public employment, civil or military or any professional activity. The President of the Republic shall assume office within fifteen days after the official proclamation of results of the presidential election.
§ Art. 64 – Before taking office, President of the Republic takes an oath before the Constitutional Court meeting in solemn session at the National Assembly in the presence of members convened in special session, saying “Before God and the Togolese people, single die-holders of popular sovereignty, We …, elected President of the Republic in accordance with the laws of the Republic, solemnly swear: – To respect and defend the Constitution that the people of Togo was freely given; – To loyally fulfill the high office that the nation has entrusted to us; – Not to let ourselves be guided by the interest and rights of the individual to devote all our energies to promoting the development of the common good, peace and national unity; – Preserve the integrity of national territory – To lead us in all, a faithful and loyal ser-tion of the People.
§ Art. 65 – In case of vacancy of the Presidency of the Republic by death, resignation or incapacity definition tif the presidential office is temporarily exercised by the President of the National Assembly. The vacancy is found by the Constitutional Court application by the government. The Government shall convene the electorate within sixty days of opening the vacancy for the election of a new President of the Republic for a period of five years.
§ Art. 66 – The President of the Republic appoints the Prime Minister in a parliamentary majority. He ends his duties on the presentation by him of the resignation of the
Government. On the proposal of the Prime Minister, appoints the other members of Government and puts an end to their functions. The President of the Republic chairs the Council of Ministers.
§ Art. 67 – The President of the Republic promulgates laws within fifteen days after transmission to the Government of the law finally passed by the National Assembly, during which time he may request a new deliberation of the law or certain Articles, the request must be substantiated. The reconsideration can not be denied. A failure to enact in time, the Act comes into force automatically after a finding by the Constitutional Court.
§ Art. 68 – The President of the Republic, consultation with the Prime Minister and President of the National Assemb1ée may dissolve the National Assembly. This solution can not intervene in the first year of the term. A new Assembly must be elected within sixty days after the dissolution. The National Assembly meets on the second Tuesday following his election; If this meeting takes place outside the periods provided for ordinary sessions, a session was called to duty for a period of fifteen days. It can be carried further dissolution in the year following the elections.
§ Art. 69 – The President of the Republic shall sign the ordinances and decrees deliberated upon in the Council of Ministers.
§ Art. 70 – The President of the Republic after deliberations of the Council of Ministers appoints the Grand Chan-Chancellor of the Order of Mono, Ambassadors and Envoys Extraordinary, the prefects, the officers commanding the Army, Navy and the air and the directors of central administration. The President of the Republic, by decree of the Council of Ministers, appoints university presidents elected by electoral colleges of universities, professors included on a list of competency recognized by the university councils and chief officers. An organic law determines the other jobs to which it is provided by the Council of Ministers and the conditions under which the power to appoint the President of the Republic may be delegated by him polish be exercised on his behalf.
§ Art. 71 – The President of the Republic shall accredit ambassadors and envoys extraordinary to foreign powers; Ambassadors and envoys extraordinary shall be accredited to him-.
§ Art. 72 – The President of the Republic is the Head of the Armed Forces. He chairs the Defense Council. He declares war on authorization of the National Assembly. It decrees general mobilization after consulting the Minister Premiere.
§ Art .- 73 – The President of the Republic shall exercise the right of pardon after consulting the High Council of Magistrature.
§ Art. 74 – The President of the Republic may adres-ing messages to the nation. It targets once a year to the National Assembly on the state of the nation.
§ Art. 75 – An organic law determines the status of former presidents, particularly as regards their wages and safety.
SUBTITLE II – THE GOVERNMENT
§ Art. 76 – The Government comprises: the Prime Minister, Ministers and, where appropriate, Ministers of State, Ministers and delegates the Secretaries of State. The office of member of his Government incompatible with the exercise of any parliamentary office, any office of professional representation national character and any private or public employment, civil or military or any other occupation. An organic law determines the status of former members of government, particularly as regards their wages and safety.
§ Art. 77 – The government determines and conducts the policy of the Nation. He heads the civil administration and military. To this end it provides for the administration of the armed forces and security forces. The Government is accountable to the National Assembly.
§ Art. 78 – The Prime Minister is the head of the Govern-ment. He directs the Government and coordinates the functions of other members. He chairs the defense committees. It compensates, if necessary, the President of the Republic as chairman of the boards under sections 66 and 72 of this Constitution. He assured the Acting Head of State in his absence, by reason of illness or absence of the national territory. Before taking office, Prime Minister appears before the National Assembly on agenda of his government. The National Assembly granted him his confidence by a majority vote of its members.
§ Art. 79 – The Prime Minister shall execute the laws. Subject to the provisions of Art. 70, Premiere Minister appoints civil and military. He may delegate certain powers to Ministers
§ Art. 80 – Acts of the President of the Republic other than those provided for in Articles 4, 66, 68, 73, 74, 98, 100, 104, 139 of this Constitution, shall be countersigned nated by the Prime Minister or, where appropriate, by the Ministers responsible for implementing them.
TITLE V – THE RELATIONSHIP BETWEEN THE GOVERNMENT AND THE NATIONAL ASSEMBLY
§ Art. 81 – The National Assembly holds legislative power. It voted only the law and control government action.
§ Art. 82 – The National Assembly has control of its agenda. It informs the Government. The inscription, in priority to the agenda of the National Assembly, a draft or proposed law or policy statement is right if the Government so requests.
§ Art. 83 – The Bills may concurremment to MPs and the Government.
§ Art. 84 – The law lays down rules concerning: – Citizenship, civil rights and public freedoms; – The system of compiling the list of public holiday, and paid nonworking
– The constraints related to requirements of National Defense; – Nationality, status and capacity of persons, matrimonial regimes, inheritance and gifts – The procedure that the customs will be observed and implemented in harmony with the fundamental principles of the Constitution – Determination of crimes and the penalties applicable to them, criminal procedure, the am-amnesty – The organization of courts and administrative and proceedings before the courts, the status of judges, judicial officers and court officers – Determination of financial powers of the constitutional and administrative – The base, rates and terms of recovery provisions of all kinds – Rules governing the issue of currency; – The electoral system of the National Assembly and local assemblies; – The remuneration of public office – The nationalization of enterprises and transfers of ownership of public sector enterprises to the private sector; – The creation of categories of public – Health and Population – The state of siege and state of emergency; – Protection and Promotion of Environment and Natural Resources Conservation – The creation, expansion and the downgrading of national parks, wildlife reserves and forest reserves; – Development, implementation and monitoring of plans and national development programs; – Protection of press freedom and access to information; – The status of the opposition – The organization’s General Administration – The general status of Civil Service – Organization of the National Defense – Honors; – Education and Scientific Research – The integration of values’ national cultural – The regime of property, real rights and obligations of civil and commercial – Labor law, labor law and social institutions; – Disposal and management of the domain of the State – The prison system; – Mutuality and savings – The economic system – Organization of production – System of transport and communications – The free administration of territorial, skills and resources. – The provisions of this article can be clarified and supplemented by an organic law.
§ Art. 85 – Matters other than those in the field of law are lawful.
§ Art. 86 – The Government may, for the implementation of its programs, ask the National Assembly, authorized to take by orders for a limited time, measures that are normally do- maine law. These orders are taken by the Cabinet following the opinion of the
Constitutional Court. They come into effect upon publication, but shall lapse if the bill of ratification is laid before the National Assembly before the date fixed by the law of habitual bilitation. At the expiration of the period defined in the enabling law, these ordinances may be amended only by the law in regard to their provisions within the legislative arena.
§ Art. 87 – Prepositions and bills are deposited in the office of the National Assembly who are sent for examination to specialized committees whose composition and powers are set by the rules of the National Assembly.
§ Art. 88 – The bills are at least eight (8) days before deliberation and vote, reported information to the Government.
§ Art. 89 – The bills are discussed in the Council of Ministers.
§ Art. 90 – Deputies and the Government have the right of amendment. Proposals and amendments introduced by MEPs is not admissible where their adoption would result, a decrease of resources held in public, or the creation or aggravation of pub-lic office, unless such proposals or amendments not be accompanied by proposals for offsetting revenue.
§ Art. 91 – The National Assembly adopts the draft budget law as provided by an organic law. The provisions of the bill may be brought in-to force an order if the Assembly did not pronounce-oured within forty five days after the filing of the project and the budget year expires. i) n this case, the Government convene a special session to seek ratification. If the draft budget bill has been filed in time to be voted and promulgated before the beginning of the year and if the budget is not passed at the end of the session, the Prime Minister asked, emergency, the House authorization to resume the budget of the previous year by provisional twelfths.
§ Art. 92 The proposals or draft organic laws are subject to deliberation and vote of the National Assembly at the expiration of fifteen days after filing. Organic laws may be enacted only after the declaration by the Constitutional Court of their conformity with the Constitution.
§ Art. 93 – The declaration of war was authorized by the National Assembly.
§ Art. 94 – The state of siege as a state of emergency declared by the President of the Republic Council of Ministers. The National Assembly meets, so as of right, if not in session. The extension beyond fifteen days of siege or emergency may be authorized only by the National Assembly. The National Assembly may not be dissolved during the period of martial law or emergency rule. An organic law determines the conditions for implementation of martial law and emergency rule.
§ Art. 95 – Sittings of the National Assembly are public. The full account of the discussion is published in the Journal Officiel. The National Assembly may meet in camera at the request of the Prime Minister or one fifth of its members.
§ Art. 96 – Members of the Government have access to the National Assembly and its committees. They can be heard at their request. They also agreed on inquiry by the National Assembly, upon written or oral questions that are adressée5.
§ Art. 97 – The Prime Minister, after deliberation by the Council of Ministers may bring before the National Assembly the responsibility of the Government on its program or a policy statement. This, after discussion, shall vote. Confidence can not be denied the Government a majority of two thirds (2 / 3) Members of the Assembly National. When trust is denied, the Prime Minister must submit to the President of the Republic the resignation of the Government.
§ Art. 98 – The National Assembly may challenge the Government’s responsibility through voting a motion of censure. Such a motion, to be admissible, must be signed by at least one third of the members constituting the National Assembly and the name of the eventual successor to the Prime Minister. The vote can take place only five days after the filing of the motion. The National Assembly may pass a censure of the Government a majority of two thirds (2 / 3) of its members. If the motion of censure is adopted, the Prime Minis-ter presents the resignation of his Government. The President of the Republic appoints the new Prime Minister designate. If the motion of censure is rejected, its signatories may propose another during the same session.
TITLE VI – OF THE COURT CONSTITUTIONAL
§ Art. 99 – The Constitutional Court is the highest court of the state’s Constitution. It judges the constitutionality of the law and guarantees the fundamental rights of the individual and public freedoms. It is the organ regulating the functioning of institutions and government activity.
§ Art. 100 – The Constitutional Court is composed of seven (7) members, two (2) are elected by the National Assembly on proposal of the President of the Assembly, one (1) member appointed by the President of the Republic Republic, an (I) member appointed by the Prime Minister a (I) judge elected by his peers one (I) lawyer elected by his peers and (I) teacher of the Law School elected by his peers for a term of seven (7) year term. For the first term, two members of the Court are elected by the National Assembly for a period of three (3) years and one member appointed by the President of the Republic for a period of three (3) years. Only high level lawyers, teachers and practioners of law, with experience of fifteen (15) years at least, may be elected or appointed a ‘la Constitutional Court under the conditions laid down by an organic law.
§ Art. 101 – The President of the Constitutional Court is elected by his peers for a period of three (3) years renewable.
§ Art. 102 – Members of the Constitutional Court, for the duration of their mandate, can not be prosecuted or arrested without the authorization of the Constitutional Court except in cases of flagrante delicto. In these cases, the President of the Constitutional Court shall be seized immediately and not later than forty eight hours.
§ Art. 103 – The functions of members of the Constitutional Court is incompatible with the exercise of any electoral mandate, any public employment, civil or military, any professional activity and any func-tion of national representation. An organic law determines the organization and functioning of the Constitutional Court, the proceedings before it, including the time for referral, as well as the immunities and the disciplinary regime of these members.
§ Art. 104 – The Constitutional Court is the jurisdictiontion responsible for ensuring compliance with the Constitution. It judges the constitutionality of laws. Laws may, before their promulgation, be brought before him by the President of the Republic, the Prime Minister, 4th President of the National Assembly or one fifth of the members of the National Assembly. For the same purpose, the organic laws before their promulgation, the bylaws of the National Assembly, those of the High Authority for Audiovisual and Communication and the Economic and Social Council prior to implementation, it must be submitted. During a court proceeding, any person or entity may, “in limine litis” before the courts, raise the unconstitutionality of a law. In this case, the court shall stay the proceedings and appealed to the Constitutional Court. The Constitutional Court must rule within a month, this period may be reduced to eight days in an emergency. A text declared unconstitutional can not be pro-mulgué. If it has already been implemented, it must be removed from the legal system.
§ Art. 105 – The Constitutional Court issues opinions on the orders made under sections 69 and 86 of this Constitution.
§ Art. 106 – The decisions of the Constitutional Court are not subject to appeal. They are binding on governments and all civil authorities, military and judicial.
TITLE VII OF THE COURT OF ACCOUNTS
§ Art. 107 – The Court of Auditors considers the accounts of public accountants. It provides audit and management of public institutions and public enterprises. It assists the Parliament and the Government in monitoring the execution of finance laws. It conducts all studies finance and public ac-counting which are requested by the Government or the National Assembly. The Audit Office establishes a yearly report to the Government and National Assembly in which it refers, whether the offenses com-put and the responsibilities incurred.
§ Art. 108 – The Court of Auditors is composed: – The First President – The Presidents Room – Of masters
– The counselors – And listeners. The prosecutor at the Court of Auditors is required by the Attorney General and attorneys general. The number of jobs in these grades is fixed by law. The first president, the attorney general, lawyers generals, the presidents of the room and a master appointed by decree of President of the Republic taken in Council of Ministers.
The counselors and auditors are appointed by the President of the Republic on proposal of the Prime Minister after consulting the Minister of Finance and favorable opinion of the National Assembly. Only the high level lawyers, inspectors of finance, treasury and taxes, economists, managers and accountants with experience of fifteen (15) years at least, may be elected or appointed to the Court of Accounts.
§ Art. 109 – The President of the Court of Auditors is elected by his peers for a period of three (3) years renewable ble.
§ Art. 110 – Members of the Court of Auditors have the status of judges. They are irremovable during their term.
§ Art. 111 – The office of member of the Audit Court are incompatible with membership of government, the exercise of any electoral mandate, any public employment, civil or military, in any other occupation and any function represented National-tion. An organic law determines the organization and functioning of the Court of Accounts.
TITLE VIII-THE JUDICIARY SUBTITLE I: GENERAL PROVISIONS
§ Art. 112 – Justice is the territory of the Republic on behalf of the Togolese People.
§ Art. 113 – The Judiciary is independent of the legislative and executive power. Judges are bound in the exercise of their functions to the rule of law. The Judiciary is the guarantor of individual liberties and fundamental rights of citizens.
§ Art. 114 – The judges are irremovable. § Art. 115 – The President of the Republic is guarantor of the independence of the
judiciary. He is assisted in that purpose by the Superior Council of Magistracy.
§ Art. 116 – The Superior Council of Magistracy shall consist of nine (9) members: Three judges of the Supreme Court; Four judges of Courts of Appeal and the courts; – One member elected by the National Assembly to the newsletter
TITLE VIII-THE JUDICIARY TITLE XIII OF THE REVISED
§ Art. 144 – The initiative to revise the Consti-tution is concurrently the President of the Republic on proposal of the Prime Minister and a fifth of the deputies of the National Assembly. The draft or proposed revision is considered adopted if passed by a majority
of four fifths of the deputies of the National Assembly. Failing such majority, the draft or proposed revision adopted by a majority of two thirds of deputies of the National Assembly shall be submitted to referendum. No procedure of revision can be initiated or continued interim period or a vacancy or when st undermined the integrity of the territory. The republican form of secularism and the rule can be revised.
TITLE XIV – SPECIAL PROVISIONS
§ Art 145 – The President of the Republic, the Prime Minister, members of government, the President and officers of the National Assembly and the Directors-central governments and enterprises held in public should be before the Supreme Court a declaration of their property and assets at the beginning and the end of their mandate or function. The law determines the conditions for implementation of this provision.
§ Art. 146 – The source of all legitimacy flows from the Constitution. § Art. 147 – The Togolese Armed Forces are a national army, republican and apolitical.
They are entirely subject to the authority duly established constitutional politics.
§ Art. 148 – Any attempt to overthrow the constitutional regime by staff of the Armed Forces or Public Safety, by any individual or group individuals, is considered a crime imprescriptibleble against the nation and punishable under the laws of the Republic.
§ Art. 149 – Outside of homeland defense and public works, the armed forces can be brought only to the extent that this Constitution expressly authorized. In case of conflict I have with another State, the Armed Forces are empowered to protect civilian targets and to ensure police missions, since their mission of defending the territorial integrity required. In this case, the Armed Forces are cooperating with police authorities. In case of armed rebellion, and if the Police and security can not, by themselves, maintain public order, the Government may, for the danger I-naçant the existence of the Republic or the constitutional order tional-democratic engage the Armed Forces to assist the Police and security in the protection of civilian targets and the fight against the rebels. In any event, the government (to terminate the commitment of the Armed Forces when the National Assembly required.
§ Art. 150 – In case of coup or coup whatsoever, any government or National Assembly has the right and duty to use every means to restore constitutional legitimacy, including the use military cooperation agreements or existing defense. In these circumstances, for all Togolese, disobey and organize to defeat an illegitimate authority constitute the most sacred of rights and the most imperative duties. Any reversal of the constitutional system is considered a crime against the inalienable nation and punishable under the laws of the Republic.
TITLE XV – TRANSITIONAL PROVISIONS
§ Art. 151 – This Constitution shall be pro be promulgated within eight (8) days following its adoption by referendum
§ Art. 152 – The bodies of the transition continue to exercise their prerogatives in the respective fields. Skill set to the Act 7 and amended until the establishment of new institutions provided for by this constitution. They continue to exercise their prerogatives with the relevant guarantees and immunities.
§ Art. 153-The establishment of new institutions will follow the following provisions 1) The National Assembly will be installed by the Chairman of the High Council of the Republic, attended by members of the Board, in all cases before the swearing in of new President of the Republic elected. 2) The President of the Republic remains in office until the swearing in of newly elected President. 3) The Transitional Government remains in office until the new Government is formed.
§ Art. 154 – The powers vested by this Constitution to the Constitutional Court shall be exercised by the Supreme Court until the establishment of the Constitutional Court.
§ Art. 155 – The legislation in force in Togo until the establishment of new institutions remain applicable, except intervention of new texts, and therefore it is not contrary to this Constitution. The provisions of Art. 62 of this Constitution are immediately applicable upon the enact-ment, however, members of the government of transition that led the state policy can not apply for the next presi-dential elections under this constitution.
TITLE SPECIAL – THE COMMISSION NATIONAL HUMAN RIGHTS
§ Art. 156 – There is established a National Commission of Human Rights. It is independent. It is subject only to the Constitution and the law.
§ Art. 157 – No member of government or parliament, no other person s interfere in the exercise of its functions and all other organs of the state will grant the assistance it may need to preserve independence, dignity and its effectiveness.
§ Art. 158 – The composition, organization and operation of. National Commission of Human Rights are defined by an organic law
TITLE XVI-FINAL PROVISIONS
§ Art. 159 – This Constitution shall be enforced as BASIC LAW of the Republic of Togo.
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Nationality Act Togo
THE PRESIDENT OF THE REPUBLIC On the report of the Keeper of the Seals, Minister of Justice: Considering Ordinance No. 1 of January 14, 1967; The cabinet heard ORDERS
TITLE I – Togolese nationality
CHAPTER I – From the award of Togolese nationality by reason of birth in Togo
Article I
Togo is a child born in Togo to a father and a mother born in Togo, who has his habitual residence in the territory of the Republic of Togo and has the possession of state of Togolese.
Possession of state within the meaning of the preceding paragraph, includes the fact that the person:
a) have publicly and consistently acted like a Togolese;
b) have been consistently and publicly treated as such by the population and the Togolese authorities.
The Minister of Justice may, by reasoned decision, object to the allocation of Togolese nationality if it is established that the child did not possess the state of Togo.
Art. 2
Togolese nationality is conferred by the mere fact of birth in the territory of Togo, to anyone who can not claim any other nationality.
CHAPTER II – the award of Togolese nationality by reason of descent.
Art. 3
East Togo:
1 – the child born to a Togolese father;
2 – the child born of a Togolese mother and a father having no nationality or whose nationality is unknown.
Art. 4
The descent is effective in the allocation of Togolese nationality if it is established under the conditions determined by the laws or customs in Togo.
The age of majority is twenty-one years under this Ordinance.
TITLE II – ACQUISITION OF NATIONALITY TOGOLESE
CHAPTER I – Modes of acquisition of the Togolese
SECTION I – Acquisition of Togolese nationality by marriage.
Art. 5
Subject to the provisions of Article 6 below, the foreign woman who marries a Togolese Togolese nationality acquired during the marriage.
Art. 6
The woman, where its national law allows it to retain her nationality of origin, may declare, before the marriage and in the manner provided by Articles 30 and following of this order, that she declines Togolese nationality.
It may, albeit minor, to exercise such right without authorization.
Art. 7
Marriage is effective for the award of Togolese nationality if it is celebrated in one form or permitted by the laws or customs Togolese or by the laws of the country where it was celebrated. If it is celebrated after a Togolese customs, he shall have effect for the purposes of this section, have been found in writing.
SECTION II – Acquisition of Togolese nationality by reason of birth and residence in Togo.
Art. 8
Any person born in Togo to foreign parents may acquire citizenship by declaration Togolese his majority, if in Togo since the age of 16 years of state ownership of Togo.
The government may oppose the acquisition of nationality.
Art. 9
The provisions of the preceding Article shall not apply to children born in Togo diplomatic agents and consuls of career foreign nationals.
SECTION III – Acquisition of Togolese nationality by decision of the authority.
Paragraph 1 – Naturalization.
Art. 10
The Togolese citizenship is granted by decree after investigation.
Art. 11
No person may be naturalized Togo:
– If he has not attained the age of twenty-one years;
– If it can not justify a habitual residence in Togo during the five years preceding the filing of the application;
– If not in Togo’s center of main interests at the time of signing the decree of naturalization;
– If not of good moral character or has been convicted more than two years of imprisonment not erased by the pardon or amnesty for intentional offense against persons, property, customs, family or against the public peace;
– It was not recognized healthy body and mind; – If not explicitly renounced his original nationality;
– If he proves his assimilation into the community of Togo, including sufficient knowledge of a language of Togo.
Art. 12
Notwithstanding the foregoing Article, any qualifying period will be required from abroad:
– He was born in Togo or married to a Togolese;
– He has rendered outstanding service in Togo or naturalization for Togo this exceptional interest.
Art. 13
The foreigner who wishes to obtain the Togolese nationality by naturalization must submit a request to that effect to the Minister of Justice. He attached to his application documents and titles relevant to establishing that his application is acceptable in terms of the law and that the favor sought is justified.
Art. 14
He will be charged to the Revenue in respect of each right of naturalization seal whose amount shall be fixed by decree. Paragraph 2 – Reinstatement.
Art. 15
Reintegration into the Togolese nationality is granted by decree after investigation.
Art. 16
The reinstatement may be obtained at any age and without any qualifying period.
However, no person may be reinstated if it has Togo to his habitual residence at the time of reinstatement.
Anyone applying for reinstatement must prove he had the quality of Togo.
Art. 17
Can not be returned to the individual who has been deprived of Togolese nationality by application of Articles 28 and 29 of this code, month, where the revocation was motivated by a conviction, he has obtained a pardon judiciary.
Art. 18
The individual referred to in the preceding article, however, may seek reinstatement if he has rendered outstanding service in Togo or reinstatement for Togo this exceptional interest.
CHAPTER II – Effects of the Acquisition of Nationality Togo
Art. 19
The individual who acquired Togolese nationality has, from the date of the acquisition of all rights pertaining to the quality of Togo.
However, during a period of five years from the decree of naturalization, naturalized foreigner can be invested with functions or elective for the exercise of which the quality of Togo is necessary.
However, the naturalized foreigner who has visited Togo exceptional services or whose naturalization is for Togo exceptional interest, may be removed by the inability aforementioned decree of the Council of Ministers on the reasoned report of the Minister of Justice .
Art. 20
The minor child whose father becomes a citizen of Togo Togolese right along with her father on condition that his parentage is established under the laws or customs in Togo.
Art. 21
The provisions of the preceding Article shall not apply.
1 – the minor child married;
2 – to a minor who is or has served in the armies of his country of origin.
Art. 22
Is excluded from Article 20 of the minor child:
1 – which was struck by a deportation order or an order of house arrest, not specifically reported in the manner in which it occurred
2 – who has been convicted of more than six months imprisonment for an intentional crime classified as a crime or offense.
PART III – THE LOSS AND THE REVOCATION OF THE NATIONALITY OF TOGO
CHAPTER I – Loss of the Togolese
Art. 23
Loses Togolese nationality:
1 – the major Togolese who voluntarily acquires a foreign nationality; However the loss is subject to permission granted by the Togolese government decree;
2 – The Togolese who has the power to repudiate such, in accordance with the provisions of this Ordinance;
3 – the foreign woman separated from her husband by divorce Togo.
Art. 24
Loses Togolese nationality, the Togolese minors, who also possess the nationality of a foreign country is authorized upon request by the Togolese government to lose the quality of Togo.
This authorization is granted by decree.
A minor can not make that request if authorized by that of his father and mother upon exercise of parental authority or, failing that, by his guardian with the assent of the family council.
Art. 25
The Togolese who loses Togolese nationality is released from his allegiance against Togo.
1 – in the case provided for in Article 23, paragraph 1, the date of acquisition of foreign citizenship;
2 – in the case of repudiation of the Togolese nationality, the date he signed the declaration to that effect;
3 – in the case provided for in Article 24, the date of the decree authorizing him to lose the quality of Togo.
Art. 26
The Togolese woman who marries an alien retains Togolese nationality unless it expressly declares before the marriage and in accordance with Articles 30 and following of this order it repudiates this quality.
The declaration may be made without authorization, even if the woman is a minor.
However, this statement is valid only when the woman acquired or may acquire the nationality of the husband, under the national law of the latter.
The woman, in this case, released from his allegiance against Togo to the date of the marriage.
Art. 27
Loses Togolese nationality, the Togolese completing a job in a public service of a foreign state or a foreign army, keeps notwithstanding the injunction to resign which has been made by the Togolese government.
Six months after the notification of the injunction, the person will be by decree, reported losing Togolese nationality if he did during that time, resigned his job, unless it is established that was absolutely impossible to do. In the latter case, the period of only six months short of when the cause of impossibility has disappeared.
The person is released from his allegiance against Togo to the date of the decree.
CHAPTER II – forfeiture of the Togolese Art. 28
Any individual who has acquired Togolese nationality, engaged in activities prejudicial to the interests of Togo, may be deprived of Togolese nationality by decree of the Council of Ministers.
Art. 29
The individual who has acquired the status of Togo by order, be forfeited Togolese nationality:
– He was sentenced in Togo and abroad to act as a crime by the Togolese law and resulted in a sentence of at least five years’ imprisonment.
The disqualification is incurred that if the facts alleged occurred within ten years from the date of acquisition of Togolese nationality.
It can not be imposed within ten years from the commission of the said facts.
PART IV – CONDITIONS AND FORM OF ACTS RELATING TO ACQUISITION OR THE LOSS OF THE NATIONALITY OF TOGO
CHAPTER I – Statements of nationality, registration and decrees opposed to the acquisition of Togolese nationality.
Art. 30
Any statement in order to gain or decline to repudiate the Togolese nationality, as provided by this code is taken before the presiding judge of the modern law of First Instance or the Court of the spring section in which the declarant residence.
When the reporter is out of Togo, the declaration shall be made before consular officials representing the Republic of Togo.
Art. 31
Any declaration of nationality underwritten in accordance with the preceding articles shall be registered with the Department of Justice.
Art. 32
If the person does not meet the requirements of the Act, the Minister of Justice shall refuse registration of the declaration. The refusal is notified with reasons to the registrant.
Art. 33
When the government opposes the acquisition of Togolese nationality, it is ruled by decree in Council of Ministers.
The decree must take place six months after the declaration pleased.
Art. 34
If at the expiration of six months after the date the statement was taken out, it is reached or a decision to refuse registration, or a decree declaring the government’s opposition, the Minister of Justice must provide the registrant at his request, a copy of his statement with reference made.
CHAPTER II – Decisions relating to naturalization and reinstatements
Art. 35
Any application for naturalization or reinstatement is the subject of an investigation which procures the Minister of Justice.
Art. 36
If the pipes required by law are not met, the Minister of Justice declared the application inadmissible. His decision is motivated. It is notified to the person.
Art. 37
When the application is admissible, the Minister of Justice shall submit the draft decree of naturalization or reinstatement of the cabinet.
Art. 38
If the Cabinet considers that there is no need to grant naturalization or reinstatement sought, he pronounces the rejection of the request. It can also grant the adjournment. The Board’s decision does not represent the ground and not subject to appeal. It is notified in person by the Minister of Justice.
Art. 39
The decrees of naturalization and reintegration are published in the Official Gazette of the Republic of Togo. They take effect from the date of publication.
Art. 40
When it appears after the naturalization decree, that the person does not meet the conditions required by law to be naturalized or restored, the decree may be brought within two years from the date of its publication.
Art. 41
When the person has knowingly made a false statement, a document containing a false or incorrect statement or using fraud to obtain the effect of naturalization or reinstatement, the decree can be reached Narrated by decree of the Council of Ministers . The complainant duly notified, the ability to produce documents and memoirs.
The order of removal must be effected within two years from the discovery of the fraud.
The order of withdrawal will take effect from the date of its signing but he is paid affect the validity of past acts by the person or rights acquired by third parties prior to the publication of the decree, on the basis of Togolese nationality of the recipient.
CHAPTER III – Decisions relating to the loss, revocation and withdrawal of the Togolese
Art. 42
The consent decrees lose Togolese nationality are published.