Article 13: The right to participate freely in the governance of the country and
the right of equal access to the public service
a) The right to participate in the governance of public affairs
116. The principle of direct or indirect participation, consistent with the spirit of
Articles 13 and 14 of the African Charter on Human and Peoples’ Rights, has been
established by Articles 2, 3 amd 4 (1) and (5) of the constitution. The only limitation
to this right is the loss of civil and political rights following a final judgement for
crime or an indictable offence.
b) The right to suffrage
117. The suffrage is universal, equal and secret. To this end, all Togolese citizens of
both sexes are voters and are eligible under conditions provided for by the
Constitution and the Electoral Code.
118. According to the Constitution, the people participate in decision-making
relating to national life, either directly or through a referendum, or indirectly through
their elected representatives.
118. Electoral practices are governed by Law No. 2012-002 of 29 May, 2012 as
amended by Law No. 2013-004 of 19 February, 2013 and Law No. 2013-008 of 22
March, 2013 on the Electoral Code.
119. The organisation and supervision of elections and referenda are within the
purview of the Independent National Electoral Commission (CENI). (Article 3 of the
Electoral Code)
c) The right to vote
120. All Togolese citizens of both sexes, of 18 years and above and enyoing their
civil and political rights have the right to vote.
The following are excluded from the electoral process:
- People convicted to more than six (6) months imprisonment, to either a
suspended or non-suspended penalty, with or without a fine, for theft,
swindling, breach of trust, misapplication of public funds, forgery, corruption
and influence peddling, offences against public decency;
- People who have been convicted in absentia;
- Incapacitated adults;
- Unrehabilitated bankrupts;
- People deprived of their civil and political rights within a time limit set by a
deed of the judicial authorities for the enforcement of laws in force (Article
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