According to the National Human Rights Commission (NHRC) of Togo, there are no dedicated immigration detention centres in the country, and thus it did not answer questions on the GDP Covid-19 survey concerning measures taken to safeguard immigration detainees. However, the commission appeared to indicate that due to border closures, non-citizens stranded in Togo whose […]
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DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
SOCIO-ECONOMIC DATA & POLLS
Name
Year Adopted
Last Amended
Loi N°2016-021 du 24 Aout 2016 portant status de réfugié au Togo
2016
Loi N°87-12 Relative à la Police des Etrangers
1987
Yes/No
Constitution and articles
Adopted in
Last amendend
Yes
Article 13 and 15
1992
2007
INTERNATIONAL TREATIES & TREATY BODIES
Ratification Year
Observation Date
VCCR, Vienna Convention on Consular Relations
1983
2017
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1972
2017
ICESCR, International Covenant on Economic, Social and Cultural Rights
1984
2017
ICCPR, International Covenant on Civil and Political Rights
1984
2017
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1983
2017
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1987
2017
CRC, Convention on the Rights of the Child
1990
2017
CRPD, Convention on the Rights of Persons with Disabilities
2011
2017
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2014
2017
CRSR, Geneva Convention Relating to the Status of Refugees
1962
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2009
2017
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2010
2017
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2010
2010
ICERD, declaration under article 14 of the Convention
2015
2015
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966
1988
1988
CAT, declaration under article 22 of the Convention
1987
1987
CRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities
2011
2011
Recommendation Year
Observation Date
Committee on the Rights of the Child
44. the Committee recommends that the State party:
(a) Prohibit the detention of asylum-seeking children and children in
situations of migration, in law and practice, and ensure that the principle of non-
refoulement is applied;
(b) Ensure that the placement of unaccompanied and separated children,
including those from Burkina Faso, is carried out on the basis of an assessment of their
best interests as a primary consideration, and work with the Office of the United
Nations High Commissioner for Refugees, the International Committee of the Red
Cross and other relevant stakeholders on family tracing;
(c) Build the resilience of systems and communities and pursue the
implementation of the emergency resilience programme in the Savanes Region, focusing
on access to all essential social services, including protection and psychological support
for children.
2023
2023
2023
> UN Special Procedures
> UN Universal Periodic Review
> Global Compact for Migration (GCM)
> Global Compact on Refugees (GCR)
REGIONAL HUMAN RIGHTS MECHANISMS
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
ACHPR, African Charter on Human and Peoples Rights
1982
1982
2017
ACRWC, African Charter on the Rights and Welfare of the Child
1998
1998
2017
APRW, Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo Protocol)
2005
2005
2017
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
According to the National Human Rights Commission (NHRC) of Togo, there are no dedicated immigration detention centres in the country, and thus it did not answer questions on the GDP Covid-19 survey concerning measures taken to safeguard immigration detainees. However, the commission appeared to indicate that due to border closures, non-citizens stranded in Togo whose visas have expired during the pandemic did not face any administrative measures or sanctions (“ne sont pas inquiétés”).
The first case of Covid-19 in Togo was identified as being a Togolese national who returned to the country on 6 March from Europe via Benin. By 31 July, there had been 908 reported cases in the country and 18 related deaths. According to the Togolese government, 11,968 refugees are currently living in the country; UNHCR and partner agencies have since the start of the pandemic reportedly provided various forms of assistance, including donations of food, water, masks, disinfectant gel, and cleaning materials.
In its response to the GDP survey, the National Human Rights Commission said that “illegal migrants” are required to seek to regularise their situation in order to undertake “legal activities.” Those who fail to regularise are told to leave the country within a “reasonable delay” rather than face “imprisonment.” However, the commission did not indicate what remedies are pursued in cases where people refuse or are unable to leave the country after being ordered to do so.
Many of these details were previously reported by the Togolese Ministry of Public Service, Labour, Administrative Reform and Social Protection, in March 2019, as part of its submission to the UN Committee on Migrant Workers’ questionnaire concerning “General Comment No. 5 on Migrants’ Rights to Liberty and Freedom from Arbitrary Detention Questionnaire.” The ministry said that immigration detention in Togo did not exist, saying that the country instead favours the regularisation of undocumented migrants. It also said that there were no immigration detention centres in the country as well as no criminal sanctions for irregular entry or stay in Togo “for refugees or asylum seekers, arriving directly from a country where their life or freedom was threatened,” in accordance with Article 21 Law N° 2016 - 021 of 24 August 2016. However, similar to the National Human Rights Commission’s response to the GDP Covid-19 survey, the ministry failed to provide any information about measures taken in cases where people refuse or are unable to leave the country after being ordered to do so.
Not Applicable
(Not Applicable)
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Not Applicable
(Included)
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