The Constitution of the IVth Republic (as amended by the Law No. 2002-029 of December 31, 2002)

Year of Version:2002
Date of Entry into Force:October 14, 1992
Date of Text (Adopted):September 27, 1992
Type of Text:Constitution / Basic Law
Subject Matter:Other
The Constitution is the supreme law of Togo. After its independence on April 27, 1960 Togo enacted three Constitutions throughout the Ist and IIIrd Republics: the first one was adopted on April 9, 1961; the second one on May 5, 1963 and the third one on December 30, 1979. The current Constitution was enacted during the IVth Republic. It was adopted on October 14, 1992 after a popular referendum was held on September 27, 1992. The Constitution was revised and amended in 2002 by the Law No. 2002-29 of December 31, 2002.

Togo is a parliamentary democracy. The Constitution specifies the powers and duties of the three branches of the Government. The legislative, executive and judicial powers are independent from each other. The executive powers are exercised by President of the Republic and the Prime Minister. The constitutional amendments of 2002 have reinforced the powers of the President toward those of the Prime Minister who now responds to the President and cannot act on his own. The legislative powers are delegated by the people of Togo to the Parliament which is composed of the National Assembly and the Senate. When one of these three legislative bodies enacts laws, they do not automatically come into force. The judicial powers are attributed to the Supreme Court, the court of appeals, the High court of Justice, the High counsel of magistracy and the tribunals of first instance. These courts assist the President in his role of guarantor of the independence of the magistracy.

The legal system in Togo belongs to a mix legal system which includes civil law and customary law. According to this system, laws and regulations are codified into codes and customary law plays a significant role for the law of succession, family law and real estate. Intellectual property is not regulated by customary law.

The Constitution does not contain provisions on intellectual property. However, Article 27 protects private property and it stipulates that: 'The right to property shall be guaranteed by law. This right may be abridged only if there is a legally ascertained public need and after prior and just indemnity. No one shall be seized of his property unless it is a decision taken by a judicial authority'.
Available Texts: 

La Constitution de la IVe République (révisée par la loi n°2002-029 du 31 décembre 2002) La Constitution de la IVe République (révisée par la loi n°2002-029 du 31 décembre 2002), Complete document (pdf) [172 KB] La Constitution de la IVe République (révisée par la loi n°2002-029 du 31 décembre 2002), Complete document (htm) [141 KB] (Version with Automatic Translation Tool)

WIPO Lex No.:TG001