Constitution

Togo 1992 Constitution (reviewed 2007)

Table of Contents

TITLE XI. Of the INTERNATIONAL TREATIES AND AGREEMENTS

Article 137

The President of the Republic negotiates and ratifies the international treaties and agreements.

Article 138

The peace treaties, the commercial treaties, the treaties relative to the international organizations, those that engage the finances of the State, those that modify the provisions of a legislative nature, those which are relative to the status of persons and to the Rights of Man, [and] those that involve cession, exchange or addition of territory, may only be ratified by virtue of a law.

They may only take effect after having been ratified and published.

No cession, no exchange or addition of territory is valid without the consent of the populations interested.

Article 139

When the Constitutional Court, referred to [the matter] by the President of the Republic, by the Prime Minister or by the President of the National Assembly, has declared that an international commitment contains a clause contrary to the Constitution, the authorization to ratify it or to approve it may only intervene after the revision of the Constitution.

Article 140

The treaties or agreements regularly ratified or approved have, on their publication, an authority superior to the laws, under reserve, for each agreement or treaty, of its application by the other party.

TITLE XII. Of the TERRITORIAL COLLECTIVITIES and of the TRADITIONAL CHIEFDOMS

Article 141

The Togolese Republic is organized in territorial collectivities on the basis of the principle of decentralization within respect for the national unity.

These territorial collectivities are: the communes, the prefectures and the regions.

Any other territorial collectivity is created by the law.

The territorial collectivities administer themselves freely by councils elected by universal suffrage, within the conditions provided for by the law.

Article 142

The State sees to the harmonious development of all the territorial collectivities on the basis of national solidarity, of regional potentials and of inter-regional equilibrium.

Article 143

The Togolese State recognizes the traditional chiefdom, guardian of use and customs.

The designation and the enthronement of the traditional chief obeys the use and customs of the locality.

TITLE XIII. Of REVISION

Article 144

The initiative of revision of the Constitution belongs concurrently to the President of the Republic and to one-fifth (1/5) at least of the deputies composing the National Assembly.

The bill or the proposal of revision is considered as adopted if it is voted with the majority of four-fifths (4/5) of the deputies composing the National Assembly.

In default this majority, the bill or proposal of revision adopted with the majority of two-thirds (2/3) of the deputies composing the National Assembly, is submitted to referendum.

The President of the Republic may submit to referendum any bill of constitutional law.

No procedure of revision may be engaged or pursued in a period of interim or of vacancy or when the integrity of the territory is infringed.

The Republican form and the secularity of the State may not be the object of a revision.