Cluster Munition Ban Policy
State Party Togo ratified the convention on 22 June 2012 and amended its Penal Code in November 2015 to criminalize activities prohibited by the convention. Togo last participated in a meeting of the convention in 2015. It voted in favor of a key United Nations (UN) resolution promoting implementation of the convention in December 2020.
Togo states that it has never used, produced, transferred, or stockpiled cluster munitions, but must provide a transparency report for the convention to formally confirm its cluster munition-free status.
The Togolese Republic signed the Convention on Cluster Munitions on 3 December 2008, ratified on 22 June 2012, and the convention entered into force for the country on 1 December 2012.
Togo amended its Penal Code in November 2015 to provide penal and fiscal sanctions for any use, production, transfer, and stockpiling of cluster munitions in accordance with the convention.
As of August 2021, Togo still has not provided its initial Article 7 transparency measures report for the convention, which was originally due by 29 May 2013. Timely submission of this report is a legal obligation.
Togo participated in several meetings of the Oslo Process that created the Convention on Cluster Munitions, including the formal negotiations in Dublin in May 2008.
Togo has participated in several meetings of the convention, but not since 2015. It was invited, but did not attend, the first part of the convention’s Second Review Conference held virtually in November 2020.
In December 2020, Togo voted in favor of a key UN General Assembly (UNGA) resolution promoting implementation of the convention, which urges States Parties to provide “complete and timely information” to promote transparency and compliance with the convention. It has voted in favor of the annual UNGA resolution promoting the convention since it was first introduced in 2015.
Togo has voted for UNGA resolutions expressing outrage at the use of cluster munitions in Syria, most recently in December 2020. It has also voted in favor of Human Rights Council resolutions that condemn the use of cluster munitions in Syria, most recently in June 2020.
In 2013, Togo elaborated its views on the matter of “interoperability,” or assistance in joint military operations with states not party that might use cluster munitions, stating that “apart from their obligations not to produce cluster munitions under the convention, States Parties have an obligation never to use cluster munitions in any circumstances…it is forbidden for any state to assist, encourage, or induce anyone to engage in any activity inconsistent with the provisions of the convention.”
Togo has not commented on other interpretive issues, such as the prohibition on transit and foreign stockpiling of cluster munitions as well as the prohibition on investments in cluster munition production.
Togo is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons (CCW).
Use, production, transfer, and stockpiling
Togo has stated several times that it has never used, produced, transferred, or stockpiled cluster munitions. Togo must submit its Article 7 transparency report for the convention to formally confirm its cluster munition-free status.
 Togo’s Penal Code also prohibits assisting, encouraging, or inciting others to violate the ban provisions. Article 577 provides for penal sanctions of 10–20 years imprisonment and a fine of 5–100 million CFA. The Penal Code uses the same definition of a cluster munition as provided for in the Convention on Cluster Munitions. The prohibitions apply during international and non-international armed conflicts. According to Articles 560–579, the manufacture and trafficking of cluster munitions is punishable under the amended Penal Code. CEJUS, “Passage en revue du nouveau code pénal togolais: qu'est-ce qui a changé?” (“Review of the new penal code of Togo: what has changed?”), 24 November 2015.
 Reports should be emailed to the UN Secretary-General via the UN Office for Disarmament Affairs at: firstname.lastname@example.org For more information, see: www.clusterconvention.org/documents/transparency-reports/.
 For details on Togo’s cluster munition policy and practice up to early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 170–171.
 Togo participated in the convention’s Meeting of States Parties in 2010–2014 and intersessional meetings in 2012–2015, but did not attend the First Review Conference in 2015. It also hosted a regional seminar on the convention in Lomé on 22–23 May 2013
 “Implementation of the Convention on Cluster Munitions,” UN General Assembly (UNGA) Resolution 75/62, 7 December 2020.
 “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 75/193, 16 December 2020.
 “Situation of human rights in the Syrian Arab Republic,” Human Rights Council Resolution 43/28, 22 June 2020. Togo voted in favor of similar Human Rights Council resolutions in 2016–2019.
 Statement by Charles Kondi Agba, Minister of Health and Interim Minister of State and Minister of Foreign Affairs and Cooperation, Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 22 May 2013.
 Statement of Togo, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 10 September 2013; and statement of Togo, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010. Notes by the CMC.
Mine Ban Policy
The Togolese Republic signed the Mine Ban Treaty on 4 December 1997 and ratified it on 9 March 2000, becoming a State Party on 1 September 2000. Legislation to enforce the antipersonnel mine prohibition domestically took effect in 2009.
Togo has not attended any recent meetings of the treaty. It did not attend the Third Review Conference in Maputo in June 2014. Togo submitted its second Mine Ban Treaty Article 7 report on 1 March 2004 but has not submitted subsequent annual reports.
Togo is party to the Convention on Conventional Weapons but not its Amended Protocol II on landmines or Protocol V on explosive remnants of war. Togo is party to the Convention on Cluster Munitions.
Use, production, transfer, and stockpile
Togo has never used, produced, exported, or imported antipersonnel mines, including for training purposes.