United Nations

HRI/CORE/TGO/2024

International Human Rights Instruments

Distr.: General

14 August 2024

English

Original: French

Common core document forming part of the reports of States parties

Togo *

[Date received: 6 June 2024]

Introduction

1.Togo became a party to the International Convention for the Protection of All Persons from Enforced Disappearance on 21 July 2014. The guidelines on the form and content of reports to be submitted by States parties under article 29 of the Convention, adopted by the Committee on Enforced Disappearances at its second session, held from 26 to 30 March 2012, point out that State reports under the treaty body reporting system consist of two parts: a common core document and treaty-specific documents.

2.In accordance with these guidelines, Togo submits this core document, which contains general information on Togo.

3.The document was drafted on the basis of the Constitution of 14 October 1992 and is organized in two parts. The first part provides general information on Togo, while the second part deals with the legal and institutional framework for the promotion and protection of human rights.

First part

General information about Togo

4.This part provides a brief overview of the geography, political and administrative organization, population, business climate and outlook.

I.Geographical information

5.Located on the southern edge of West Africa, Togo has a surface area of 56,600 km2 and is bordered by Burkina Faso to the north, the Gulf of Guinea to the south, Benin to the east and Ghana to the west. It lies between latitudes 6° and 11° north and longitudes 0° and 2° east, stretches 600 km from south to north and varies in width from 50 km on the coast to 150 km between latitudes 7° and 8° north. Its geographical location and deep-water port make it a major trade hub for countries in the subregion.

6.Togo is well known for the sheer diversity of its landscape, with a sandy coastline in the south, verdant valleys and small mountains in the centre, and arid plains and vast savannahs dotted with baobab trees in the north. It has a wide variety of landforms due to its low-lying but relatively contrasting geological composition. The most notable feature of this landscape is the Togo mountain range, the highest peak of which is Mount Agou at 986 m. It forms part of the Atakora range that cuts across Togo from Benin in the north-east to Ghana in the south-west.

7.In general, Togo enjoys a tropical climate due to its latitude, although weather conditions vary markedly between the southern and northern regions. The changes in elevation influence the country’s climate, which is described as “tropical Guinean climate in the south and tropical Sudanese climate in the north”.

8.The Togolese river system comprises the following three main basins:

•The Volta basin in the north, which is drained by the Oti River and its tributaries (the Kéran, Koumongou and Kara), the Sansargou and the Mô

•The Mono basin in the centre and south-east, with the Mono River and its tributaries Anié, Amou and Ogou

•The Lake Togo basin in the south, with the coastal Zio and Haho rivers

II.Political information

9.The current political and administrative organization of Togo is a legacy of its colonial past. After a period of German colonization, Togo came under British rule and French mandate. Having been a German protectorate since 1884, Togo was split into two territories after the signing of the Peace Treaty of Versailles, with the territories first being placed under a League of Nations mandate and then under the trusteeship of the United Nations, which entrusted them to the United Kingdom and France. In 1956, British Togoland (33,800 km2) was attached to the Gold Coast, which became the independent State of Ghana. The remaining 56,600 km2 of territory gained independence on 27 April 1960 and became the Togolese Republic.

10.Togo has had four republics since 1960. The first republic was established on 14November 1960 with a presidential system of government, the second on 11 May 1963 with a semi-presidential system, the third on 9 January 1980 with a presidential system and, lastly, the fourth on 14 October 1992 with a semi-presidential system and a multiparty National Assembly. Togo is in the process of becoming a fifth republic.

III.Administrative information

11.The country is divided into 5 administrative regions that are further subdivided into 39 prefectures. There are 117 municipalities, including the Autonomous District of Greater Lomé.

12.The Autonomous District of Greater Lomé is a special territorial unit, created to carry out functions relating specifically to the capital, as some of the capital’s planning, maintenance and operational needs fall outside the competence of the municipalities.

13.The five administrative regions are, from south to north, Maritime, Plateaux, Centrale, Kara and Savanes. The prefectures are divided into cantons, and the cantons into villages.

14.The decentralization process started by the Government led to municipal elections being held on 30 June and 15 August 2019, making the 117 municipalities operational. The results of the regional elections on 29 April 2024 will make decentralization operational at the regional level.

IV.Sociocultural information

15.According to the final results of the fifth general population and housing census, the resident population of Togo in November 2022 stood at 8,095,498, of whom 4,150,988 were women, or 51.3 per cent of the population, confirming the predominance of women in Togo.

16.According to these results, the age structure of the population is characterized by a high proportion of young people, with 41.6 per cent under 15 years of age and 54.6 per cent between 15 and 44 years of age; 11.4 per cent are aged between 45 and 64 and 3.8 per cent are aged 65 and over.

17.The majority of the population lives in rural areas, with 4,621,706 inhabitants, compared with 3,473,792 in urban areas, representing a rate of urbanization of 42.9 per cent.

Resident population of Togo by rural/urban area and sex

Area

Sex

Total

Male

Female

Urban

1 689 674

1 784 118

3 473 792

Rural

2 254 836

2 366 870

4 621 706

Togo

3 944 510

4 150 988

8 095 498

Spatial distribution of the population, 2022, National Institute of Statistics and Economic and Demographic Studies (INSEED).

18.The census results by place of residence also reveal a relatively higher proportion of people under 15 in rural areas than in the intermediate (15–64 year) age group. In urban areas, however, the situation is reversed, with a higher proportion of people aged 15–64. People aged 65 and over are the least represented in this age structure, with older men accounting for 3.1 per cent and older women 4.4 per cent of the population. In addition, rural areas have more older persons (4.2 per cent)than urban areas (3.2 per cent). The population growth rate is 2.42 per cent per annum.

19.There is a high degree of ethnic diversity among the population, with a cultural vitality shaped by age-old traditions specific to each group. Since the 1970s, the Government has been implementing policies to raise the status of positive cultural traditions by celebrating each ethnic group’s traditional harvest festivals and initiation, religious and commemorative ceremonies. Such community participation fosters mutual understanding and social cohesion andis conducive to the development of national culture.

20.Togo has around 40 ethnic groups. These are divided on the basis of shared characteristics into five main groups:

•The Adja-Ewe, with the largest ethnic groups being the Ewe, the Ouatchi and the Guin

•The Akposso-Akebou, composed of the Akposso and the Akebou

•The Ana-Ifè, comprising the Ana and the Ifè

•The Tem-Kabyè, whose largest members are the Kabyè, Kotokoli, Losso and Lamba

•The Para-N’gourma, which is made up of several ethnic groups, the largest of which are the Moba and the Gourma

21.Other ethnic groups include the Hausa and the Fulani,among many others, whose kinships do not allow them to be classified in the above-mentioned groups. These different ethnic groups coincide with the language or dialect of the populations concerned.

22.The official language of Togo is French. Ewe and Kabyè have been national languages since 1980.

V.Business climate

23.The business climate has improved considerably in Togo in recent years, thanks in particular to the creation of the Business Formalities Centre and the design and launch of a website where the procedures for establishing, modifying and dissolving companies are published.

24.The sustained pace of business start-ups seen since 2018 is continuing. In 2023, more than 15,000 new businesses were created according to statistics compiled by the Business Formalities Centre. This new record for the number of entities launched in a calendar year in the country also reflects a 13 per cent increase on the 13,835 business establishments created in 2022.

25.The country’s fifth consecutive record year in this area is the result of the many reforms introduced by the Government in recent years to improve the business environment. Added to the reduction of time and costs is the move to a paperless environment, which has further facilitated procedures.

VI.Outlook

26.Togo has opted for ambitious development goals aimed at becoming an emerging country by 2030, with the implementation of the national development programme for 2018–2022, which resulted in the government road map for 2020–2025.

27.This road map, whose vision – “A peaceful Togo, a modern nation with inclusive and sustainable economic growth” – has three main strategic thrusts:

•Strengthen social inclusion and harmony and consolidate peace

•Stimulate job creation by building on the strengths of the economy

•Modernize the country and strengthen its institutions

Second part

Legal and institutional framework for the protection and promotion of human rights

I.Legal framework

28.The legal framework for the promotion and protection of human rights is based on the principle of the rule of law. The sources of law in Togo are the Constitution of 14 October 1992, duly ratified international instruments, laws and regulations.

29.The Constitution contains provisions that safeguard human rights, such as the rights to life (art. 13), a fair trial (art. 19), freedom of thought, conscience, religion, worship, opinion and expression (art. 25), health (art. 34) and education (art. 35).

30.Act No. 2019-003 of 15 May 2019 amending the Constitution of 14 October 1992 includes provisions that: embed the abolition of the death penalty and of life imprisonment in the Constitution; affirm the principle of due hearing of the parties in Constitutional Court proceedings; establish regional courts of audit and change the way in which the Court of Audit operates; and extend the list of authorities that are required to declare their property and assets to the Ombudsman. It has extended the right to request an opinion from the Constitutional Court on the meaning of constitutional provisions to all State institutions and provides for the possibility of referring matters concerning the protection of fundamental rights to the Court.

31.Article 50 of the Togolese Constitution of 14 October 1992 states that “the rights and duties enshrined in the Universal Declaration of Human Rights and in the international human rights instruments ratified by Togo shall be an integral part of this Constitution”.

32.Under article 140 of the Constitution, “treaties or agreements duly ratified or approved shall, upon publication, take precedence over other laws, subject in each case to the application of the agreement or treaty by the other party”.

33.The procedures for exercising the various rights set forth in the Constitution are established in laws passed by the National Assembly and regulations issued by the Government.

34.The most recent pieces of legislation include the following.

A.Legislative reforms

•Act No. 2021-021 of 11 October 2021 amending the Act establishing the conditions for the exercise of freedom of peaceful assembly and protest

•Act No. 2021-020 of 11 October 2021 amending Act No. 207-011 of 13 March 2007 on decentralization and local freedoms

•Electoral Code (Act No. 2021-019 of 11 October 2021 amending Act No. 2012-002 of 29 May 2021)

•Organic Act No. 2021-015 of 3 August 2021 amending Organic Act No. 2018-006 of 20 June 2018 on the National Human Rights Commission

•Labour Code (Act No. 2021-012 of 18 June 2021)

•Organic Act No. 2020-003 of 24 January 2020, as amended by Act No. 2021-013 of 1 June 2021, on the rules governing the declaration of property and assets by high‑ranking officials, senior civil servants and other public officials

•Code of Civil Procedure (Act No. 2021-007 of 21 April 2021)

•Act No. 2021-005 of 1 April 2021 on the computerization of the national criminal record system

•Organic Act No. 2021-006 of 1 April 2021 establishing the composition, organization and functioning of the Office of the Ombudsman

•Act No. 2020-007 of 26 June 2020 on school meals

•Act No. 2020-006 of 10 June 2020 on the safe, secure and peaceful use of nuclear energy

•Press and Communications Code (Act No. 2020-001 of 7 January 2020)

•Act No. 2020-002 of 7 January 2020 amending Act No. 2018-028 of 10 December 2018 establishing commercial courts

•Organic Act No. 2019-023 of 26 December 2019 on the Constitutional Court

•Judicial Code (Act No. 2019-015 of 30 October 2019)

•Act No. 2019-016 of 30 October 2019 on the rules governing audiovisual communication

•Act No. 2019-014 of 29 October 2019 on the protection of personal data

•Act No. 2019-009 of 12 August 2019 on internal security

•Act No. 2019-010 of 12 August 2019 amending Act No. 2011-010 of 16 May 2011 establishing the conditions for the exercise of freedom of peaceful public assembly and protest

•Act No. 2019-006 of 26 June 2019 amending Act No. 2007-011 of 13 March 2007 on decentralization and local freedoms, as amended by Act No. 2018-003 of 31 January 2018

•Investment Code (Act No. 2019-005 of 17 June 2019)

•Organic Act No. 2018-029 of 10 December 2018 amending Organic Act No.2004‑021 of 15 December 2004 on the High Audiovisual and Communications Authority

•Act No. 2018-026 of 7 December 2018 on cybersecurity and the fight against cybercrime

•Tax Code (Act No. 2018-024 of 9 November 2018)

•Act No. 2018-010 of 8 August 2018 on promoting the production of electricity from renewable energy sources in Togo

•Code on Private and State-owned Land (Act No. 2018-005 of 14 June 2018)

•Uniform Act No. 2018-004 of 4 May 2018 on combating money-laundering and terrorist financing in States members of the West African Economic and Monetary Union

B.Regulations

Decree No. 2021-032/PR of 24 March 2021 turning the National Police Academy into the Security Forces Training College and establishing its responsibilities, organization and functioning

Decree No. 2021-044/PR of 29 April 2021 on the implementation of the law on the criminal record system

Decree No. 2021-038/PR of 14 April 2021 on the organization and functioning of the Office of the Ombudsman

Decree No. 2020-111/PR of 9 December 2020 on the organization and functioning of the Personal Data Protection Authority

Decree No. 2019-125/PR of 18 September 2019 on the responsibilities, organization and functioning of the State Inspectorate

Decree No. 2019-076/PR of 15 May 2019 on the organization and functioning of the Interministerial Committee for Preventing and Combating Violent Extremism

Decree No. 2019-026/PR of 20 February 2019 on the responsibilities, organization and functioning of the Inspectorate General of Finances

Decree No. 2019-097/PR of 8 July 2019 on the Code of Ethics and Professional Conduct in Public Procurement

Decree No. 2018-128/PR of 3 August 2018 on the establishment, responsibilities, composition and functioning of the National Committee for the Coordination of Activities to Combat Money-Laundering and the Financing of Terrorism

Decree No. 2018-034/PR of 27 February 2018 establishing legal advice centres

Decree No. 2018-130/PR of 28 August 2018 on the status of civil servants in the field of education

35.In addition, Togo is a party to almost all the international human rights instruments, including:

•International Covenant on Civil and Political Rights, on 24 May 1984, and the protocols thereto:

•Optional Protocol to the International Covenant on Civil and Political Rights, on 30 March 1988

•Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, on 14 September 2016

•International Covenant on Economic, Social and Cultural Rights, on 24 May 1984

•Convention on the Rights of the Child, on 1 August 1990, and the protocols thereto:

•Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, on 2 July 2004

•Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, on 28 November 2005

•Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, on 14 November 2008

•Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption, on 14 November 2010

•Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, on 18 November 1987, and the Optional Protocol thereto, on 20 July 2010

•Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto, on 1 March 2011

•Convention on the Elimination of All Forms of Discrimination against Women, on 26September 1983

•International Convention for the Protection of All Persons from Enforced Disappearance, on 21 July 2014

•1954 Convention relating to the Status of Stateless Persons, in 2021

•1961 Convention on the Reduction of Statelessness, in 2021

•International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, in 2020

36.These various instruments provide for the legal protection of citizens and enable them to demand that their rights be respected.

II.Institutional framework

37.The institutional framework comprises the executive, legislative and judicial branches of government, and institutions and bodies responsible for monitoring and protecting human rights.

A.The executive

38.Under the 1992 Constitution, executive power is exercised as follows:

•The President of the Republic is freely elected by direct, universal suffrage, under conditions of equality and with the use of a secret ballot, and serves a five-year term that may be renewed only once. The President remains in power until his or her elected successor takes office (Constitution, art. 59). The President is elected in a two-round, single-member majority voting system. A candidate must receive an absolute majority of the votes cast to be elected President. If no candidate receives an absolute majority in the first round of voting, a second round is held 15 days after the final results of the first round are announced (Constitution, new art. 60).

•The Prime Minister is the Head of Government appointed by the President to lead and coordinate the work of the Government (art. 78).

B.The legislature

39.The legislature enacts laws and monitors the Government’s policies. Legislative power is delegated by the people to a parliament with two chambers: the National Assembly and the Senate. Members of the National Assembly are called deputies and members of the Senate are called senators (Constitution, art. 51).

40.As the Senate is not yet operational, its duties are temporarily being carried out by the National Assembly. The current National Assembly is composed of 113 deputies elected by direct universal suffrage.

C.The judiciary

41.The judiciary is the guarantor of citizens’ personal freedoms and fundamental rights. Article 1 of the Constitution establishes the principle of the rule of law. Justice is administered on behalf of the people by the courts (Constitution, art. 112).

42.The independence of the judiciary is guaranteed by the Constitution (art. 113) and enshrined in law by Organic Act No. 96-11 of 21 August 1996 on the special status of judges, as amended by Act No. 2013-007 of 25 February 2013. This independence is further strengthened by the principle that judges should have security of tenure under article 114 of the Constitution.

43.The Judicial Code (Act No. 2019-015 of 30 October 2019) is the basic law governing judicial bodies. It provides for ordinary courts and specialized courts.

44.The ordinary courts include the Supreme Court, courts of appeal and courts of appeal for criminal matters, tribunaux de grande instance (courts of major jurisdiction) and criminal courts, tribunaux d ’ instance (courts of minor jurisdiction) hearing civil and criminal cases, and courts of minor jurisdiction hearing only civil cases.

45.The specialized courts of law include labour courts, commercial courts, juvenile court judges and juvenile courts, the military court and the military court of appeal.

46.The Supreme Court is the State’s highest court in judicial and administrative matters. It has two divisions: the judicial division and the administrative division.

47.The Judicial Training Centre was established in 2010 to provide both initial and in‑service training to professionals working in the judicial system.

D.State institutions and other bodies for the promotion and protection of human rights

1.Constitutional Court

48.Article 99 of the Constitution provides: “The Constitutional Court is the highest court of the State in constitutional matters. The Court decides on the constitutionality of laws and safeguards fundamental human rights and public freedoms. It is responsible for regulating the institutions and acts of the public authorities.”

49.The Constitutional Court announces the final results in presidential and legislative elections and referendums and settles any disputes that may have arisen. It has broad powers to carry out ex ante and ex post reviews. Its organization and functioning are governed by Organic Act No. 2004-004 of 1 March 2004, as amended by the organic law of 23 December 2019 on the Constitutional Court.

2.Court of Audit and regional courts of audit

50.Article 107 of the revised Constitution of 15 May 2019 states: “The Court of Audit and the Regional Courts of Audit review the records kept by public accounting officers.”

51.The organization and functioning of the courts of audit are established in Organic Act No. 2021-025 of 1 December 2021. They review the books of government accountants and assists the parliament and the Government in monitoring the enforcement of budget laws.

52.The Court of Audit and the regional courts of audit carry out audits of the accounts and the management of public institutions and public corporations.

53.The regional courts of audit are responsible for reviewing the accounts and the management of the local authorities and their public establishments within their territorial jurisdiction.

54.The Court of Audit and the regional courts of audit exercise judicial powers in matters involving the budgetary and financial discipline of officials authorized to approve payments and those authorized to do so by proxy, programme managers, financial controllers, bodies responsible for public procurement and government accountants. They hand down penalties for any breaches of the rules governing such transactions. They assist the parliament and the Government in monitoring the enforcement of budget laws.

55.They carry out any studies relating to public funds or accounts that may be requested by the Government, the National Assembly, the Senate or the Economic and Social Council.

56.The Court of Audit prepares and submits an annual report on its work and the work of the regional courts to the President, the Government and the National Assembly. The report indicates any violations that may have occurred, the liability incurred and the Court’s recommendations.

3.Supreme Council of Justice

57.The Supreme Council of Justice was established under Organic Act No. 97-04 of 6March 1997 on the organization and functioning of the Council.

58.It serves as a disciplinary board for judges. Its decisions must be reasoned, and they are published in their entirety.The applicable penalties and procedures are set forth in the Organic Act on the status of the judiciary (Constitution, new art. 116).

4.National Human Rights Commission

59.The National Human Rights Commission, which was established pursuant to Act No.87-09 of 9 June 1987 and given constitutional status in the Constitution of 1992 (art.152), has been restructured and is governed by Organic Act No. 2021-015 of 3 August 2021 amending Organic Act No. 2018-006 of 20 June 2018 on its composition, organization and functioning. It is an independent body with legal personality and is subject to the Constitution and the law.

60.The Commission has been accredited with category A status by the Global Alliance of National Human Rights Institutions since 2000, and this status was granted to it again in October 2019. It encompasses the national preventive mechanism.

61.Its mission is to promote and protect human rights, prevent torture or other forms of cruel, inhuman or degrading treatment, particularly in places of deprivation of liberty or any other place it identifies, and to protect human rights defenders.

5.High Audiovisual and Communications Authority

62.The High Audiovisual and Communications Authority was created under Organic Act No. 96-10 of 21 August 1996, as amended by Organic Act No. 2004-021 of 15 December 2004, Organic Act No. 2018-029 of 10 December 2018 and Organic Act No. 2004-021 of 6December 2021 on the High Audiovisual and Communications Authority.

63.According to article 130 of the Constitution: “The mission of the High Audiovisual and Communications Authority is to ensure the freedom and protection of the press and other mass media.”

64.It ensures that ethical standards are observed in the dissemination of information and that political parties and associations have equitable access to official information and communication media.

65.The Authority ensures that values, morals and cultural heritage are preserved and protected in the making and showing of films and broadcasting of radio and television productions.

66.It also monitors media advertising, particularly in the area of health (Organic Act, art.22).

67.It is an independent institution whose members enjoy immunity during their term of office and for one year thereafter (Organic Act, arts. 1 and 13).

6.Ombudsman

68.Established pursuant to article 154 of the Constitution, the Ombudsman is an independent administrative authority appointed by the President for a period of three years, with responsibility for investigating appeals and complaints from citizens concerning functional shortcomings in the State administration, local authorities, public establishments or any body entrusted with a public service mission, with a view to achieving an amicable settlement. Its organization and functioning are governed by Organic Act No. 2021-006 of 1April 2021.

7.Ministry responsible for human rights

69.The Ministry responsible for human rights, established pursuant to Decree No.92‑002/PMRT of 8 January 1992, was restructured by Decree No. 2008-050/PR of 7May 2008 on the responsibilities of Ministers of State and Ministers. It is now called the Ministry of Human Rights, Citizenship Training and Relations with State Institutions.

70.Its mission is to implement national policy on human rights, citizenship training and the consolidation of democracy, and to monitor relations between the Government, the parliament and the other State institutions.

8.High Authority for Preventing and Combating Corruption and Related Offences

71.The High Authority for Preventing and Combating Corruption and Related Offences was established pursuant to Act No. 2015-006 of 28 July 2015 on the establishment of the High Authority.

72.It is an independent administrative institution responsible for promoting and strengthening the prevention of and fight against corruption and related offences in public services, public establishments, private companies and non-State institutions.

9.High Commission for Reconciliation and Strengthening of National Unity

73.The High Commission for Reconciliation and Strengthening of National Unity was created on the proposal of the Truth, Justice and Reconciliation Commission in accordance with the Commission’s recommendation No. 57.

74.The High Commission’s mission is to implement the recommendations and programme of reparation prepared by the Truth, Justice and Reconciliation Commission in accordance with article 2 of Decree No. 2014-103/PR of 3 April, which amended Decree No.2013-040/PR of 24 May 2013 establishing the High Commission for Reconciliation and Strengthening of National Unity.

10.Leader of the opposition

75.The implementing decree on Act No. 2013-015 of 13 June 2013 on the status of the opposition sets out the privileges accorded to the leader of the opposition, who, under State protocol, has the status of chair of an institution and is therefore entitled to the financial and material benefits set by decree by the Council of Ministers (art. 26).

76.Under article 24 of the Act, the leader of the opposition is the most senior official of the political party belonging to the opposition with the largest number of deputies in the National Assembly.

77.If multiple parties hold the same number of seats, the leader of the opposition is the most senior official of the party that received the most votes in the most recent legislative elections.

78.The position as leader of the opposition will cease by death, resignation, permanent impediment duly established by the Constitutional Court, termination of office of most senior official of the party on whose behalf the position was held, a final sentence of imprisonment or acceptance of a conflicting post (art. 27).

11.Independent National Electoral Commission

79.The Independent National Electoral Commission, established pursuant to the Electoral Code (Act No. 2012-002 of 29 May 2012, as amended by Act No. 2024-001 of 25January 2024 amending Act No. 2021-019 of 11 October 2021), is the institution responsible for organizing and supervising referendums and elections. It ensures that the vote is legal, secure and transparent and that voters and candidates may freely exercise their rights.

12.National Commission for Refugees

80.Togo adopted Act No. 2016-021 of 24 August 2021 on status of refugees in Togo to promote and protect the rights of refugees and asylum-seekers in Togo in accordance with the Convention relating to the Status of Refugees, adopted on 28 July 1951, the Protocol relating to the Status of Refugees, done at New York on 31 January 1967, and the Organization of African Unity Convention governing the specific aspects of refugee problems in Africa, concluded on 10 September 1969.

81.The National Commission for Refugees was set up under the Act as an institutional framework. It is the national authority responsible for guaranteeing the legal and administrative protection of refugees and asylum-seekers. The Commission ensures, in liaison with the various ministerial departments concerned, the implementation of the Act and the relevant international conventions and agreements on the international protection of refugees (art. 46).

82.The United Nations High Commissioner for Refugees (UNHCR) also attends meetings of the Commission as an observer, without voting rights (art. 48).

13.Refugee Appeals Board

83.The Act on the status of refugees also established the Refugee Appeals Board, the national administrative body to which asylum-seekers can lodge appeals after their applications have been rejected by the National Commission for Refugees. Proceedings before the Board are free of charge (art. 61).

84.UNHCR also attends meetings of the Refugee Appeals Board as an observer, without voting rights (art. 63).

14.Legal advice centres

85.Legal advice centres were established pursuant to Decree No. 2018-034/PR of 27February 2018 instituting legal advice centres.This involved a decision to introduce conciliation and mediation as alternatives methods of dispute resolution.

86.The main purpose of legal advice centres is to strengthen social harmony and promote free and prompt resolution of conflicts within families or between individuals or communities. The centres also provide citizens with information and guidance.

15.National Commission to Combat Trafficking in Persons

87.Decree No. 2021-104/PR on the establishment, responsibilities, organization and functioning of the National Commission to Combat Trafficking in Persons in Togo was adopted on 29 September 2021. The members of this Commission were appointed by Interministerial Order No. 004/MASPFA/MSPC/MIJ of 19 January 2022 under article 22 of this decree. They were installed on 14 February 2023, making the Commission operational.