TOGO

This page contains the complete text of PARLINE database entry on the selected parliamentary Chamber or unicameral Parliament

GENERAL INFORMATION

Parliament (generic name):

Assemblée nationale

Translated name:

National Assembly

Structure:

Unicameral

Chamber:

Assemblée nationale

Translated name:

National Assembly

President:

El Hadj Abass Bonfoh ( M)

Secretary General:

Manondoh Kokou Kama ( M)

Members (statutory number):

directly elected

Members (current number):

Women (current number):

7 ( 8.64%)

Term:

5 years

Last renewal dates:

14 October 2007

Address:

Assemblée nationale
Palais des Congrès
B.P. 327 - LOME
Tel.: (228) 222 57 91
Fax: (228) 222 11 68
E-mail: asnato@tg.refer.org
Cable: Assemblée nationale, Lomé

Web site:

http://www.assemblee-nationale.tg

Affiliation to IPU:

Yes

Affiliation date(s):

1981

ELECTORAL SYSTEM

Electoral Law:

9 September 1997

Last updated 18.01.2007

Constituencies:

- 1 constituency for each of the countrys 30 prefectures
- 5 constituencies for the capital, Lome

Voting System:

Closed party-list system
Each political party 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.

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

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, reimbursed if the candidate wins at least 5 per cent of the votes cast in the constituency

LAST ELECTIONS

Also available: Archive of past election results for this chamber

Dates of election / renewal (from/to):

14 October 2007

Purpose of elections:

General elections were held for all the seats in the National Assembly following the premature dissolution of this body on 30 August 2007. Elections had previously taken place on 27 October 2002.

Background and outcome of elections:

The 2007 parliamentary elections were the first to be held under President Faure Essozimna Gnassingbé, whose father, Gnassingbé Eyadema, had controlled the country from 1967 until his death in February 2005. The military subsequently declared Mr. Gnassingbé as the new President, but international pressure forced the country to organize presidential elections in April 2005, in which Mr. Gnassingbe was officially elected as the new Head of State. Supporters of the main opposition candidate, Mr. Emmanuel Bob Akitani (of the Union of Forces for Change - UFC), took to the streets in protest, which turned into riots. The post-election violence led thousands of citizens to flee the country.

In August 2006, a power-sharing deal was reached that set up a transitional national unity government and an independent electoral commission. In September, Mr. Yaovi Agboyibo, leader of the opposition Action Committee for Renewal (CAR), became Prime Minister. The UFC did not join the government.

The 2007 elections, which were originally scheduled for 24 June, were delayed twice due to disputes over the issuing of voter cards, and were finally held on 14 October. Organizing free and fair elections was seen as an important step in re-establishing Togos relationship with international donors, including the European Union (EU), which had suspended its aid in 1993 due to governance concerns.

In all 2,122 candidates and 395 parties contested the 2007 elections. For the first time in nearly two decades, no opposition party boycotted the elections.

The main parties were the ruling Togolese People's Rally (RPT), which had taken 72 of the 81 seats in the previous elections held in October 2002 and the UFC, which had not participated in the 2002 elections.

The RPT pledged to rebuild the country through reconciliation policies implemented under President Gnassingbé. The UFC, led by Mr. Gilchrist Olympio, pledged to end dictatorship and to alleviate poverty, which affects 80 per cent of the countrys population. Prime Minister Agboyibos CAR presented 10 priority projects aimed at modernizing the country. The party called for voters support to make 2007 the year of Togo's accession to democracy.

A total of 84.92 per cent of the nearly 3 million registered voters turned out at the polls. No violent incident was reported on polling day.

Over 3,500 observers, including those from the EU and African Union (EU), monitored the polls. The international observers said they were satisfied with the well-organized and transparent elections with the EU observers praising the massive turnout.

The announcement of the final results was delayed due to a recount in the capital, Lomé, which gave the UFC four more seats. The UFC won a total of 27 seats, and the ruling RPT remained the largest party in the National Assembly with 50 seats, losing 22. The remaining 4 seats went to the CAR. In all, seven women were elected.

The newly-elected National Assembly held its first session on 13 November. On 25 November it re-elected Mr. El Hadj Abass Bonfoh (RPT) as its Speaker.

STATISTICS


Round no 1 (14 October 2007): Election results

Number of registered electors		2'974'718
Voters		2'526'049 (84.92%)
Blank or invalid ballot papers		181'941
Valid votes		2'344'108

Round no 1: Distribution of votes

Political Group

Candidates

Votes

% of votes

Togolese People's Rally (RPT)

Union of Forces for Change (UFC)

Action Committee for Renewal (CAR)

Round no 1: Distribution of seats

Political Group

Total of seats

Togolese People's Rally (RPT)

Union of Forces for Change (UFC)

Action Committee for Renewal (CAR)

Comments:

Sources:
- http://www.cenitogo.tg/
- National Assembly (07.11.2007)

Distribution of seats according to sex:

Men:

Women:

Percent of women:

8.64

Distribution of seats according to age:

Distribution of seats according to profession:

PRESIDENCY OF THE PARLIAMENT

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.)

MEMBER OF PARLIAMENT

PARLIAMENTARY MANDATE

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 PARLIAMENT 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).

Also available: Archive of past election results for this chamber