Togo flag Togo: Business Environment

Business law in Togo

Legal Framework

Independence of Justice
Although the Togolese constitution provides for an independent judiciary, in practice it is reported to be heavily influenced by the presidency. According to Freedom House, executive influence and judicial corruption limit constitutional rights to a fair trial (as shown in the case of the 2017 anti-government protest, when more than two dozen people were charged, tried, and convicted within two days of their initial arrest. Corruption and inefficiency are widespread among the police, and there are also reports of arbitrary arrest. Furthermore, prisons suffer from overcrowding and inadequate food and medical care.
Equal Treatment of Nationals and Foreigners
The law formally prohibits discrimination based on race, gender, disability, and social status. However, in practice foreigner may not always expect an equal trial (as well as members of minorities, like the LGBT community, for whom non-discrimination laws do not apply).
The Language of Justice
French
Recourse to an Interpreter
Defendants have the right to free interpretation if necessary.
Sources of the Law and Legal Similarities
Togo has a code-based legal system inherited from the French system. The main source of the law is the constitution, although the country is also a member of the West African Economic and Monetary Union (WAEMU) and the Organisation for the Harmonization of Corporate Law in Africa (OHADA), whose regulations are implemented in the country.
Checking National Laws Online
Library of the Congress
Droit Afrique - Togo

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Latest Update: July 2022

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