Published in 2024
Legal sources
- United Nations Convention against Corruption of 2005
- Constitution
- Law on the fight against corruption and related offences
- Uniform law on the fight against money laundering and terrorism financing in the member states of the West African Monetary Union (WAMU)
- Cybersecurity Law (2018)
- Penal Code
- Labour Code
- Law on access to information
- Law governing declarations of assets and liabilities of senior officials
- Press and Communication Code
Executive Summary
Although Togo has ratified the United Nations Convention against Corruption, which contains numerous provisions aimed at promoting the establishment of effective reporting tools, this country lacks any legal framework regarding the protection of whistleblowers.
The adoption of a new Constitution in 2019 and the Declaration of assets and liabilities of high-level personalities and public officials in 2020, coupled with the development of the National Anti-corruption Strategy, have been positive signals regarding good governance.
However, several challenges remain, such as ensuring freedom of expression, especially for journalists, the effective enforcement of existing national laws, overlapping responsibilities among government bodies, and limited implementation of ratified international standards. These elements can constitute obstacles to progress toward a democratic society.
Laws and measures related to whistleblowers
- Absence of specific legislative protection for whistleblowers in Togo: Analysis of gaps and challenges
Togo ratified the United Nations Convention against Corruption (UNCAC) in 2003, whose Articles 32 and 33, respectively, emphasise the need for effective protection against potential acts of retaliation or intimidation against witnesses, experts, or victims, as well as the importance of adopting an internal legal framework including appropriate measures to ensure this protection.
The Togolese Constitution provides for freedom of expression and dissemination of opinions. However, this freedom is exercised “within the limits defined by law” (Article 26), while Article 46 asserts the criminalisation of acts of embezzlement of public funds, corruption, and misappropriation; however, no provisions specifically related to whistleblowing are provided.
The Togolese Labor Code does not provide any protection for whistleblowers. The statement of legitimate reasons for dismissal in Article 77 does not clarify whether whistleblowing can be considered as such. Article 60 deems dismissals without legitimate reasons as “abusive,” as well as dismissals motivated by the opinions of the worker. Furthermore, according to Article 184, labour inspectors are bound by professional secrecy, even after leaving their service. Thus, they must keep confidential any complaints reporting a defect in the facilities or a violation of legal or regulatory provisions.
The Penal Code contains no specific provisions for the protection of whistleblowers. Its Articles 357 and 358 indicate that the breach of professional secrecy is punishable by one to three years in prison and a fine of one to three million francs, but specifies that these penalties do not apply to “cases where the law requires or authorises disclosure.” However, Article 518 of the Penal Code states that “any person who, outside the cases where they are bound by professional secrecy, refuses to testify in court, is liable to a fine of one hundred thousand to one million CFA francs.” The Code also punishes false accusations more severely (Article 364).
- Limited protection of whistleblowers under the law establishing the High Authority for the Prevention and Fight against Corruption and Related Offences (HAPLUCIA)
Law No. 2015-006 of July 28, 2015, establishing the HAPLUCIA, grants this authority the power “to collect any information concerning acts of corruption or other related offences and to transmit them, with discernment, to the competent judicial authorities, while maintaining the confidentiality, under penalty of criminal prosecution, of the identity of whistleblowers if they so request, while ensuring respect for the presumption of innocence” (Article 3). In other words, individuals have the possibility to inform HAPLUCIA about cases of corruption or related offences.
Article 3 also specifies that HAPLUCIA “ensures the protection of any person who, in good faith, reports to the competent authorities all facts concerning established offences.” Although the law provides for protection, the procedures and modalities for its implementation are not explicitly defined.
Finally, the article specifies that “the confidentiality and anonymity of the whistleblower may not be guaranteed if it is a false accusation.”
Although the term “whistleblower” is not explicitly used in this law, this provision may be applicable to an individual acting as a whistleblower.
- Limited protection of witnesses under the law in fighting against money laundering and terrorist financing
Article 95 of Law No. 2018-004 on fighting against money laundering and terrorist financing guarantees partial or total anonymisation of data concerning witnesses in cases of risk of “serious harm” or “endangerment” to them.
Article 97 of the same law recalls that no prosecution for breach of professional secrecy can be brought against persons who, in good faith, have transmitted information or made statements of suspicion provided for by Article 79 of this law or when they have communicated information to the National Financial Information Processing Unit (CENTIF), in application of Article 60.
Knowledge, Support, and Action Centres
The association “Veille Citoyenne Togo” was created in 2019 and is engaged in citizen monitoring of public policies impacting the lives of populations. This association promotes citizen oversight of public action (citizen monitoring of transparency in public procurement, promoting transparency in the national and local budgetary process, fighting against corruption and impunity, and denouncing cases of embezzlement and mismanagement of public resources).
“Veille Citoyenne Togo” also intervenes in advocacy, dialogue, and negotiation. The association regularly organises training sessions and awareness-raising workshops and facilitates thematic groups and citizen participation cells.
There is also the association “RAC-Togo,” which was created in 2015. Its objectives include supporting the establishment and operationalisation of a platform of CSOs in the fight against corruption. It also informs citizens and communities about the negative impacts of corruption on development. It also strengthens the capacities of various actors (public officials, private sector, and civil society organisations) on national and international anti-corruption instruments. The network also supports legal and institutional reforms in the fight against corruption and the enforcement of anti-corruption laws through investigative activities, operations/arrests, and legal and judicial assistance.
