Togo

Detains migrants or asylum seekers?

Rarely

Has laws regulating migration-related detention?

Yes

Refugees

18,846

2023

Asylum Applications

13,900

2023

International Migrants

279,936

2020

Population

9,100,000

2023

Overview

Togo: Togo rarely detains people for immigration-related reasons and the National Human Rights Commission says that it has no dedicated immigration detention centers. Although its laws provide for fines and imprisonment for irregular entry or stay, the IOM says that Togo is “tolerant” in its approach ot undocumented migration.

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

Related Reading

Togo: Covid-19 and Detention

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 […]

Read More…

Protective Equipment Including Masks, Disinfectant Gel, Soap, and Food Given to UNHCR to Distribute, (UNHCR,
Last updated:

DETENTION STATISTICS

Migration Detainee Entries
Not Available

DETAINEE DATA

Total Number of Children Placed in Immigration Detention (Year)
0
2017

DETENTION CAPACITY

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

PRISON DATA

Criminal Prison Population (Year)
4,422
2015
4,060
2012
4,116
2010
3,200
2003
2,043
1998
Percentage of Foreign Prisoners (Year)
5.2
2013
Prison Population Rate (per 100,000 of National Population)
62
2015
64
2012
68
2010
65
2003
46
1998

POPULATION DATA

Population (Year)
9,100,000
2023
8,300,000
2020
7,305,000
2015
International Migrants (Year)
279,936
2020
279,142
2019
276,800
2015
International Migrants as Percentage of Population (Year)
3.38
2020
3.8
2015
Refugees (Year)
18,846
2023
10,683
2021
10,798
2020
11,964
2019
12,336
2018
12,426
2017
12,476
2016
21,877
2015
21,778
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
1.67
2016
3.06
2014
Asylum Applications (Year)
13,900
2023
118
2019
203
2016
429
2014
Refugee Recognition Rate (Year)
100
2014
Stateless Persons (Year)
0
2022
0
2016
0
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
635
2014
Remittances to the Country (in USD)
343
2014
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
208.1
2014
Human Development Index Ranking (UNDP)
129 (Medium)
2015

LEGAL & REGULATORY FRAMEWORK

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Rarely
2023
No
2022
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Yes
2023
Yes
2022
Detention-Related Legislation
Loi N°2016-021 du 24 Aout 2016 portant status de réfugié au Togo (2016)
2016
Loi N°87-12 Relative à la Police des Etrangers (1987)
1987
Do Migration Detainees Have Constitutional Guarantees?
Yes (Article 13 and 15) 1992 2007
1992
Legal Tradition(s)
Customary law
2017
Civil law
2017

GROUNDS FOR DETENTION

Immigration-Status-Related Grounds
None
2019
Criminal Penalties for Immigration-Related Violations
Yes (Yes)
1987
Has the Country Decriminalised Immigration-Related Violations?
Yes
2016

LENGTH OF DETENTION

DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

COSTS & OUTSOURCING

COVID-19 DATA

TRANSPARENCY

MONITORING

NATIONAL HUMAN RIGHTS MONITORING BODIES

NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)

NON-GOVERNMENTAL ORGANISATIONS (NGOs)

GOVERNMENTAL MONITORING BODIES

INTERNATIONAL DETENTION MONITORING

INTERNATIONAL TREATIES & TREATY BODIES

International Treaties Ratified
Ratification Year
Observation Date
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
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1972
2017
VCCR, Vienna Convention on Consular Relations
1983
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
Ratio of relevant international treaties ratified
Ratio: 13/19
Individual Complaints Procedures
Acceptance Year
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
Ratio of Complaints Procedures Accepted
Observation Date
4/8
2017
Relevant Recommendations or Observations Issued by Treaty Bodies
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

Relevant Recommendations or Observations from the UN Universal Periodic Review
Observation Date
No 2016
2017
No 2011
2017

> Global Compact for Migration (GCM)

GCM Resolution Endorsement
Observation Date
2018

> Global Compact on Refugees (GCR)

GCR Resolution Endorsement
Observation Date
2018

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
ACHPR, African Charter on Human and Peoples Rights 1982
1982
2017
APRW, Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo Protocol) 2005
2005
2017
ACRWC, African Charter on the Rights and Welfare of the Child 1998
1998
2017

HEALTH CARE PROVISION

HEALTH IMPACTS

COVID-19

Country Updates
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.
Did the country release immigration detainees as a result of the pandemic?
Not Applicable
2020
Did the country use legal "alternatives to detention" as part of pandemic detention releases?
Not Applicable
2020
Did the country Temporarily Cease or Restrict Issuing Detention Orders?
Not Applicable
2020
Did the Country Adopt These Pandemic-Related Measures for People in Immigration Detention?
Not Applicable (Not Applicable) Not Applicable Not Applicable Not Applicable
2020
Did the Country Lock-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Unknown
2022
Were cases of COVID-19 reported in immigration detention facilities or any other places used for immigration detention purposes?
Not Applicable
2020
Did the Country Cease or Restrict Deportations/Removals During any Period After the Onset of the Pandemic?
Unknown
2022
Did the Country Release People from Criminal Prisons During the Pandemic?
Yes
2022
Did Officials Blame Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Unknown
2022
Did the Country Restrict Access to Asylum Procedures?
Yes
2020
Did the Country Commence a National Vaccination Campaign?
Yes
2021
Were Populations of Concern Included/Excluded From the National Vaccination Campaign?
Not Applicable (Included) Unknown Unknown Unknown
2022