TOGO: Anti-Corruption Laws and Regulations Fall Short

Despite ratifying the United Nations Convention against Corruption in 2003, Togo’s legal framework for protecting whistleblowers remains inadequate.

Freedom of Expression vs. Whistleblower Protection

Togo’s Constitution provides for freedom of expression, but no specific provisions are made for whistleblowing. The Labor Code does not provide protection for whistleblowers, and the Penal Code contains no specific provisions for their protection either.

Limited Protections for Whistleblowers

The Law on the Fight against Corruption and Related Offences does offer some limited protection for whistleblowers, but procedures and modalities for its implementation are not explicitly defined. This lack of clarity can lead to uncertainty and fear among potential whistleblowers.

Challenges in Protecting Witnesses

Togo’s laws and regulations also lack clarity in terms of protecting witnesses under the law fighting against money laundering and terrorist financing. This can create an environment where witnesses may be reluctant to come forward, hindering efforts to combat corruption and other serious crimes.

Positive Developments

However, there are some positive developments in Togo:

• The adoption of a new Constitution in 2019 has brought hope for improved governance.
• The Declaration of assets and liabilities of high-level personalities and public officials in 2020 has been a step towards transparency.
• The development of the National Anti-corruption Strategy is also a promising move.

Civil Society Efforts

Non-governmental organizations such as Veille Citoyenne Togo and RAC-Togo are working to promote transparency, accountability, and citizen oversight of public policies. They provide:

• Training sessions for citizens on their rights and responsibilities.
• Awareness-raising workshops on corruption and its impact.
• Facilitation of thematic groups and citizen participation cells.

Challenges Ahead

Despite these efforts, significant challenges remain:

• Ensuring freedom of expression for journalists is crucial for a democratic society.
• Effective enforcement of existing national laws is essential to combat corruption.
• Overlapping responsibilities among government bodies can hinder progress.
• Limited implementation of ratified international standards can undermine trust in the system.

These obstacles must be addressed if Togo is to make meaningful progress towards a democratic society.