Togo’s constitutional changes spark international call for sanctions

The controversy surrounding Togo’s Fifth Republic is escalating onto the international stage. In a joint open letter, 43 African and diaspora civil society organizations (CSOs) are pressing ECOWAS, the African Union, and the United Nations to impose sanctions on the Togolese government. This strong appeal stems from a community court ruling that labeled the March 2024 constitutional reform as an «unconstitutional change of government».

The diplomatic and civic campaign against the political regime shift in Togo is gaining momentum. This collective of 43 African civil society organizations is directly appealing to the continent’s highest bodies and the United Nations, demanding decisive action against the authorities in Lomé. This reflects growing concerns over African governance.

Central to this initiative is the ECOWAS Court of Justice ruling, specifically decision No. ECW/CCJ/JUD/01/26. This judgment concludes that the constitutional revision, enacted on March 25, 2024, contravenes the African Charter on Democracy, Elections, and Governance (ACDEG).

According to these united civil society groups, the transition from a presidential to a parliamentary system — which vests executive power in a Council President — represents an «institutional circumvention» designed to bypass presidential term limits. They further highlight that the new text was adopted by lawmakers whose mandates had already expired and without any popular consultation through a referendum.

Five major sanctions demanded against the Lomé government

To prevent any precedent of constitutional circumvention from emerging in the sub-region, the signatories are urging ECOWAS and the African Union to move beyond moral condemnations and take concrete action through five specific demands:

1. Immediate suspension of Togo from ECOWAS decision-making bodies;

2. Suspension of the country’s voting and participation rights within the African Union;

3. Initiation of legal proceedings against those who promoted this institutional modification;

4. Re-evaluation of diplomatic mandates held by Togolese government officials;

5. Appointment of a United Nations Special Rapporteur to monitor human rights and governance in Togo.

Lomé’s response: national sovereignty and the court’s incompetence

In response to these accusations and the community court’s ruling, the Togolese government remains steadfast. In an official statement issued following the judgment’s publication, the Togolese executive unequivocally rejected the regional court’s conclusions.

Lomé firmly asserts that the ECOWAS Court of Justice lacks the jurisdiction to conduct a constitutional review of domestic law or to rule on the sovereign constituent power of a member state. According to Togolese authorities, the transition to the Fifth Republic falls exclusively within the realm of national sovereignty and aims to modernize the nation’s institutions, a key aspect of African governance.