Types of criminalisation

  • Criminalises sex between men
  • Criminalises sex between women
Penal Code 1980, Article 88 Crimes Against Nature

Article 88 criminalises “crimes against nature” with someone of the same sex with a penalty of between one to three years imprisonment and a fine of between 100,000 to 500,000 Francs. It is applicable to both men and women.1

Enforcement

2017

Recent US Department of State Human Rights Reports on Togo have stated that the law is not directly enforced. However, on those occasions when police arrested someone for engaging in consensual same-sex sexual activity, the charge was usually for some other violation as justification for the arrest, such as disturbing the peace or public urination.

Statements by Public Figures

2011

The 2011 concluding observations of the Human Rights Committee on Togo stated: “As for concerns about the draft Criminal Code’s article 88, which criminalizes homosexual acts, [Minister for Arts and Culture, Yacoubou Koumadjo Hamadou] said: ‘We also have our moral values’, which must be taken into account when legislation was enacted. The draft text took the Committee’s concerns into account, but the Government preferred to raise awareness rather than vote on a text that contravened what Togo sought to achieve. The majority should not turn against the minority that the Government was trying to protect, he stressed.”

During its 2011 UPR cycle, it was stated: “Togo was not prepared to legislate on the question of homosexuality, given that homosexuals were not subject to any form of discrimination. Such legislation might in fact be counterproductive, given the attitude of the population.”

Persecution and Discrimination

2013

Little has been documented on the situation faced by LGBT individuals in Togo. According to the US Department of State Human Rights Report, a media code is in place that prevents the “promotion of immorality” which includes same-sex sexual activity.

Legislative News

2017

During its second UPR cycle, Togo did not support recommendations it received concerning the decriminalisation of consensual same sex relations between adults.

Footnotes
1. Penal Code 1980, Article 88 Crimes Against Nature

“Impudent acts or crimes against nature with an individual of the same sex are punished with imprisonment from one to three years and 100,000-500,000 franc in fine” Full text.

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