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Assemblée nationale (National Assembly)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Oversight and Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Modules:
GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Assemblée nationale / National Assembly
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Structure of parliament Unicameral
Affiliation to the IPU Yes
Affiliation date(s) 1981 -
LEADERSHIP
President Dama Dramani (M) 
Notes Elected on 2 Sep. 2013.
Secretary General Madakome Fademba Waguena (M) 
Notes Appointed on 4 March 2015.
COMPOSITION
Members (statutory / current number) 91 / 91
PERCENTAGE OF WOMEN


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Women (current number) 16 (17.58%)
Mode of designation directly elected 91
Term 5 years
Last renewal dates 25 July 2013
(View details)
CONTACT INFORMATION
Address Assemblée nationale
Palais des Congrès
B.P. 327 - LOME
(Export mailing lists)
Phone (228) 22 22 57 91
Fax (228) 22 22 11 68
E-mail asnato@tg.refer.org
assemblee.nationale@yahoo.fr
Website
http://www.assemblee-nationale.tg

ELECTORAL SYSTEM

Parliament name (generic / translated) Assemblée nationale / National Assembly
Structure of parliament Unicameral
LEGAL FRAMEWORK
Electoral law 9 September 1997
Last updated: 15 February 2013
Mode of designation directly elected 91
Constituencies - 30 multi-member constituencies (between two and 10 seats each)
Voting system Proportional: Closed party-list system
Each political party, each legally constituted group of parties fielding candidates or each list of independent candidates submits a list comprising twice as many candidates as there are seats to be filled in the constituency concerned. Seats are allocated according to the quotient obtained by the highest average system. There is no threshold to win a seat.
Substitutes elected at the same time as titular members fill any vacancies that arise between general elections.
Voting is not compulsory.

Note:
Article 220 of the 2013 amendments to the electoral law provides for the following provisions but will not apply to the 2013 elections as preparations had started before the amendments were adopted.
The list of candidates submitted by any political party, legally constituted group of political parties or independent persons must respect overall gender parity.
Voter requirements - age: 18 years
- Togolese citizenship
- full possession of civil and political rights
- disqualifications: criminal conviction, imprisonment of more than six months for certain offences, refusal to appear in court despite having been ordered to do so, persons under guardianship, undischarged bankruptcy
CANDIDATES
Eligibility - qualified electors
- age: 25 years
- Togolese citizenship
- ability to read and write French
- residence in the country for at least six months
- ineligibility: members of the military, certain civil servants with a special status
Incompatibilities - all other public functions (except that of staff of higher education institutions)
- service for a foreign State or international organization
- head of a private or public corporation
Candidacy requirements - candidatures must be submitted to the Ministry in charge of Territorial Administration at the latest 30 days prior to the date of the first round of voting
- deposit of CFA 100,000 for men and half for women (= CFA 50,000); reimbursed if the candidate wins at least 5 per cent of the votes cast in the constituency

LAST ELECTIONS

Parliament name (generic / translated) Assemblée nationale / National Assembly
Structure of parliament Unicameral
BACKGROUND
Dates of election / renewal (from/to) 25 July 2013
Timing and scope of renewal President Faure Gnassingbe's Union for the Republic (UNIR, formerly Togolese People's Rally, RPT) won the elections, taking 62 seats in the enlarged 91-member National Assembly (up from 81). Two opposition coalitions took a total of 25 seats: Mr. Jean-Pierre Fabre's Let's Save Togo Movement (CST) took 19 and the Rainbow Coalition, six. The CST comprised Mr. Fabre's National Alliance for Change (ANC) and dissidents of the Union of Forces for Change (UFC). The UFC, led by Mr. Gilchrist Olympio (son of Togo's first President, Sylvanus Olympio), was the main opposition force in the 2007 elections but joined the coalition government in 2010. Its share dropped from 27 to a mere three seats in 2013.

The UNIR ran on the government's record, citing economic growth and improvements in infrastructure. The CST promised "a real change”. Along with other opposition forces, it pushed for a two-term limit on the presidency that would bar President Gnassingbe from running for re-election in 2015. President Gnassingbe took power in 2005 on the death of his father, Eyadema Gnassingbe, after 38 years in office.

Parliamentary elections were first called for October 2012, but amendments to the electoral law shortly before the elections triggered street protests. The opposition argued that the amendments favoured the government and demanded electoral reform, which postponed the elections twice to July 2013. The electoral law, revised in February 2013, includes a clause on gender parity that was not applied in the 2013 elections.
Date of previous elections: 14 October 2007

Date of dissolution of the outgoing legislature: N/A

Timing of election: Delayed elections

Expected date of next elections: July 2018

Number of seats at stake: 91 (full renewal)

Number of candidates: 1,174 (1,015 men, 159 women)

Percentage of women candidates: 13.5%

Number of parties contesting the election: 14 (12 parties and 2 coalitions)

Number of parties winning seats: 5

Alternation of power: No

Number of parties in government: 3

Names of parties in government: Union for the Republic (UNIR), Union of Forces for Change (UFC) and Pan-African Patriotic Convergence (CPP, which is not represented in the National Assembly)

Date of the first session of the new parliament: 20 August 2013

Name of the new Speaker: Mr. Dama Dramani (UNIR)
STATISTICS
Voter turnout
Round no 125 July 2013
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
3'044'332
2'011'203 (66.06%)
119'430
1'891'773
Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Union for the Republic (UNIR)
Let’s Save Togo Movement (CST)
Rainbow Coalition
Union of Forces for Change (UFC)
National Awakening independent candidates
Distribution of seats
Round no 1
Political Group Total of seats
Union for the Republic (UNIR) 62
Let’s Save Togo Movement (CST) 19
Rainbow Coalition 6
Union of Forces for Change (UFC) 3
National Awakening independent candidates 1
Distribution of seats according to sex
Men

Women

Percent of women
77

14

15.38%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Sources:
National Assembly (14.08.2013, 21.08.2013, 03.09.2013, 20.09.2013, 23.09.2013, 07.04.2014)
Décision N°E-011/13 du 12 août 2013 de la Cour constitutionnelle

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Assemblée nationale / National Assembly
Structure of parliament Unicameral
APPOINTMENT AND TERM OF OFFICE
Title President of the National Assembly
Term - duration: 5 years (term of House)
- reasons for interruption of the term: vote of no confidence by 2/3 of the Deputies of the Assembly, resignation, death, dissolution of the Assembly
Appointment - elected by all the Members of the Assembly
- election held during the legal session
- following validation of mandates
Eligibility - any Member who has formally submitted his candidature may be a candidate
- notification of candidature must be made at the latest one hour before the beginning of the sitting at which the Board must be elected
Voting system - formal vote by secret ballot
- absolute majority for the first round, simple majority for the second. In case of a tie, the oldest candidate is elected
Procedures / results - the Seniority Board presides over the Assembly during the voting
- the bailiffs supervise the voting
- the oldest member announces the results without any delay
- the results cannot be challenged
STATUS
Status - represents the Assembly with the public authorities
- represents the Assembly in international bodies
- is ex officio President of the Conference of Presidents and meetings of the Board
- in the absence of the President, the First Vice-President and, if necessary, the second Vice-President can assume his/her role and functions
Board - consists of the President, two questors and two parliamentary secretaries
- its members are elected for five years
- meets once a week at the President's initiative
- exercises a true collegial presidency as far as certain decisions are concerned
Material facilities - similar salary to that of the Prime Minister (CFA francs 500,000)
- official residence
- official car
- domestic personnel
- body guards
- additional staff
FUNCTIONS
Organization of parliamentary business - convenes sessions
- establishes and modifies the agenda, together with the Conference of Presidents
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments, together with the Conference of Presidents
- refers texts to a committee for study
- examines the admissibility of requests for setting up committees and/or committees of enquiry, proposes or decides on the setting-up of such committees
Chairing of public sittings - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- takes disciplinary measures in the event of disturbance, and lifts such measures, together with the Board and the Conference of Presidents
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the texts adopted and the records of debates
- interprets the rules or other regulations governing the life of the Assembly, together with the Board and the Conference of Presidents
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates
Special powers - with the agreement of the Board, the President:
- supervises the establishment of the Assembly's budget
- recruits, assigns and promotes staff
- appoints the Clerk
- organizes the services of Parliament
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Chamber
Speaking and voting rights, other functions - takes the floor in legislative debates, by leaving his seat
- takes part in voting
- proposes bills or amendments
- intervenes in the parliamentary oversight procedure
- transmits the laws adopted to the Prime Minister and to the Head of State for promulgation
- must be consulted in certain circumstances (dissolution, etc.)

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Assemblée nationale / National Assembly
Structure of parliament Unicameral
NATURE
Nature of the mandate · Free representation (Art. 52 (1) of the Constitution of 14.10.1992, Art. 151 (2) of the Electoral Code; see also Art. 56 (1) of the Con-stitution)
Start of the mandate · When the results are declared
Validation of mandates · Validation by the Constitutional Court
· Procedure: it validates the mandates after having received the provisional results of the National Electoral Commission. The procedure is the one used for solemn audiences.
End of the mandate · On the day when the legal term of the House ends (see Art. 156 of the Electoral Code) - or on the day of early dissolution, see Art. 68 of the Constitution)
Can MPs resign? Yes · Yes, of their own free will
· Procedure (Art. 6 of the Standing Orders): resignations are addressed to the President of the National Assembly, who notifies the Assembly at its next sitting and informs the Government accordingly.
· Authority competent to accept the resignation: the agreement of the National Assembly is not required.
Can MPs lose their mandate ? Yes Loss of mandate by judicial decision:
- Loss for incompatibilities (Art. 172 (4) of the Electoral Code)
STATUS OF MEMBERS
Rank in hierarchy
Indemnities, facilities and services
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept exists (Art. 53 (1) and (2) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. (Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
Parliamentary immunity - parliamentary inviolability · The concept exists (Art. 53 (1), (3), and (5) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: in cases involving flagrante delicto, the lifting of parliamentary immunity is not required for arrest or prosecution.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate and also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 53 (3) and (5) of the Constitution:
- Competent authority: the National Assembly; the Board of the National Assembly (for arrests when Parliament is in recess)
- Procedure: vote on a resolution examined by a special committee. In this case, MPs can be heard. They have means of appeal.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 53 (6) of the Constitution):
- Competent authority: the National Assembly
- Procedure (Art. 78 (3) of the Standing Orders): vote by a two-thirds majority
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of a discussion on the Standing Orders at the start of each legislature.
· It is provided by Parliament.
· There is no handbook of parliamentary procedure.
Participation in the work of the Parliament · It is compulsory for MPs to be present at committee meetings.
· Penalties foreseen in case of failure to fulfil this obligation:
- Call to order after three consecutive absences
- One year's suspension from the committee
- Three months' loss of one-third of the basic salary
Discipline · The rules governing discipline within Parliament are contained in Art. 60 (7) and 69 to 73 of the Standing Orders.
· Specific cases:
- Offence or insult (Art. 60 (7) of the Standing Orders)
Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 172 of the Electoral Code).
· Penalties foreseen for violation of the rules of conduct: loss of mandate (Art. 172 (4) of the Electoral Code; incompatibilities)
· Competent body to judge such cases/to impose penalties: the Constitutional Court
Relations between MPs and pressure group · There is a legal provision in this field (Art. 7 (2) of the Constitution; ban on creating parties which identify themselves with a given region, ethnic group or religion).

This page was last updated on 17 February 2017
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