We, the Togolese people, placing ourselves under the protection of God,
– conscious that since its accession to international sovereignty [on] 27 April 1960, Togo, our country, has been marked by profound socio-political mutation on its march towards progress,
– conscious of the solidarity that binds us to the international community and most particularly to the African peoples,
– committed to build a State of Law in which the fundamental rights of Man, the public freedoms and the dignity of the human person must be guaranteed and protected,
– convinced that such a State can only be founded on political pluralism, the principles of Democracy and the protection of the Rights of Man such as are defined by the Charter of the United Nations of 1945, the Universal Declaration of the Rights of Man of 1948 and the International Pacts of 1966, [and] the African Charter of the Rights of Man and of Peoples adopted in 1981 by the Organization of African Unity,
* we proclaim solemnly our firm will to combat any political regime founded on arbitrariness, dictatorship [and] injustice,
* we affirm our determination to cooperate in peace, amity and solidarity with all people of the world enamored of the democratic ideal, on the basis of the principles of equality, of mutual respect and of sovereignty,
* we engage resolutely to defend the cause of National Unity, of African Unity and to work for the realization of sub-regional and regional integration,
* we approve and adopt, solemnly, this Constitution as Fundamental Law of the State[,] of which this preamble is made [an] integral part.
TITLE I. The STATE AND of SOVEREIGNTY
The Togolese Republic is a State of law, secular, democratic and social. It is one and indivisible.
The Togolese Republic assures the equality before the law of all citizens without distinction of origin, of race, of sex, of social condition or of religion.
It respects all political opinions, philosophical [opinions] as well as all religious beliefs.
Its principle is the government of the people[,] by the people and for the people.
The motto of the Republic is: “Travail-Liberté-Patrie” [Work-Freedom-Country]
The national emblem is the flag composed of five horizontal bands[,] alternated of green and yellow color. It bears on the superior left corner a white star of five points on a square red field.
The national holiday of the Togolese Republic is celebrated [on] 27 April of each year.
The seal of the State is constituted by a metal plaque in bas relief of round form of 50 millimeters in diameter and designed to be printed [as] the mark of the State on [its] acts.
It has on the reverse, for type, the arms of the Republic that, for [the] legend, “Au nom du Peuple Togolaise” [In the name of the Togolese people] and for the inscription, “République Togolaise” [Togolese Republic].
The coat-of-arms of the Togolese Republic is composed of:
- [A] shield of silver of oval form and at the border of sinople, above[,] the national emblem, two flags back to back and the motto on a banderole; in the center[,] of sable, the initials of the Republic of Togo on a golden background; below, two lions of gules back-to-back.
The two young lions represent the courage of the Togolese People. They hold the bow and the arrow, [the] means traditional combat, to demonstrate that the true liberty of the Togolese people is in their hands and that its strength resides above all in their own traditions. The lions rampant and back-to-back express the vigilance of the Togolese people in the guarding of their independence, from the East to the West.
The national anthem of the Republic is “Terre de nos aïeux” [Land of our ancestors].
The official language of the Republic of Togo is French.
Sovereignty belongs to the people. It is exercise by their representatives and by way of referendum. No section of the people, no body of the State, no individual may arrogate its exercise.
The initiative of referendum belongs, concurrently, to the people and to the President of the Republic.
A referendum of popular initiative may be organized on the demand of at least five hundred thousand (500,000) electors representing more than half of the prefectures. More than fifty thousand (50,000) between them must not be inscribed on the electoral lists of one same prefecture. The demand must be carried on one same text. Its regularity is determined by the Constitutional Court.
Suffrage is universal, equal and secret. It may be direct or indirect. All Togolese nationals of the two sexes, at least eighteen (18) years of age and enjoying their civil and political rights[,] are electors within the conditions established by the law.
The political parties and groups of political parties concur in the formation and the expression of the political will of the people.
They form themselves freely and exercise their activities within respect for the laws and regulations.
The political parties and groups of political parties must respect the Constitution.
They may not identify themselves with one region, on ethnicity or one religion.
The political parties and the groups of political parties have the duty to contribute to the political and civic education of the citizens, to the consolidation of democracy and to the construction of national unity.
The law determines the modalities of creation and of functioning of political parties.