Article 12: Freedom of movement, the status of a refugee, asylum seeker and the
status of a foreigner
a) Free movement
104. Every Togolese cirtizen has the right to move freely and to establish themselves
in the national territory in any place of their choice under conditions laid down by
law or local custom (Article 22, paragraph 2 of the Constitution). No Togolese may
be deprived of the right to enter Togo or to leave the country (paragraph 2 of Article
22 of the Constitution).
b) Refugges and Asylum seekers
105. In order to promote and protect the rights of refugees and asylum seekers in
Togo in accordance with the Geneva Convention of 28 July 1951 on the status of
refugees as amended by the New York Protocol of 31 January,1967 and the OAU
Convention of 10 September, 1969 governing the Specific Aspects of Refugee
Problems in Africa, Law No. 2016-021 of 24 August, 2016 on the status of refugees,
has been enacted.
106. This Law applies to any refugee, asylum seeker in the Togolese Republic and to
any person under the United Nations High Commissioner for Refugees in accordance
with the Geneva Convention of 28 July 1951 on the status of refugees as amended by
the New York Protocol of 31 January,1967 and the OAU Convention of 10
September, 1969 governing the Specific Aspects of Refugee Problems in Africa, and
which has been recognised as such under conditions stipulated by this Law. (Article 2
of the Law).
107. Under the said Law, a refugee in the Togolese Republic is considered as any
person who:
- for fear of being persecuted on account of his race, religion, nationality, belonging
to a certain social group or for reasons of his political opinions finds himself outside
the country of his nationality; and who cannot, or as a result of this fear lay claim to
the protection of this country; or who in the event where he is not of this nationality,
finds himself outside the country where he enjoyed his habitual residence following
such incidents, and cannot, or as a result of such fear, does not intend to return there;
- as a result of an aggression, foreign occupation, foreign dominion or an event
seriously disturbing public order in a part or the totality of his country of origin or the
country where is is a national, is compelled to leave his habitual place of residence to
seek refuge in another location outside his country of origin where he is a national.
108. In the case of a person who has several nationalities, the expression “the country
where he is a national” targets each of the countries where this person has a
nationality; it is not being inferred here that a person does not enjoy the protection of
the country where he has nationality if, without any valid reason, based on justified
36