Togo

Cluster Munition Ban Policy

Last updated: 29 July 2015

Five-Year Review: State Party Togo ratified the convention on 22 June 2012 and has expressed its intent to adopt national implementation measures. Togo has participated in all of the convention’s Meetings of States Parties and hosted a regional seminar on the convention in May 2013. Togo states that it has never used, produced, transferred, or stockpiled cluster munitions, but must submit its initial transparency report for the convention—due by May 2013—to formally confirm this.

Policy

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 has expressed its intent to adopt national implementation measures by amending the country’s penal code to incorporate the convention’s key provisions.[1]

As of 28 July 2015, Togo had not submitted its initial Article 7 transparency report for the Convention on Cluster Munitions, which was originally due by 29 May 2013.

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.[2]

Togo engages in the work of the Convention on Cluster Munitions. It has participated in every Meeting of States Parties of the convention, including the Fifth Meeting of States Parties in San José, Costa Rica in September 2014. Togo has attended all of the convention’s intersessional meetings in Geneva since 2012. Togo hosted a regional seminar on the convention’s universalization in Lomé on 22–23 May 2013 and has participated in other regional workshops on the convention.[3]

Interpretive issues

In 2013, Togo elaborated its views on the issue 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.”[4]

Togo has not provided its views on other important issues for the interpretation and implementation of the Convention on Cluster Munitions, such as the prohibition on transit and foreign stockpiling of cluster munitions and the prohibition on investment in cluster munition production.

Togo is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.

Use, production, transfer, and stockpiling

Togo has stated that it has never used, produced, transferred, or stockpiled cluster munitions, but must submit its initial transparency report for the convention to formally confirm this.[5]



[1] Statement of ICRC, Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 22 May 2013. Notes by Action on Armed Violence (AOAV). As of July 2015, no actions have been taken to enact national implementation measures for the convention. Email from Kokou Akvalon, Coordinator, CMC Togo, 4 July 2015.

[2] 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.

[3] Non-signatories Eritrea, Gabon, Libya, Morocco, and South Sudan attended, in addition to signatories and States Parties from the region. Point six of the Lomé Strategy established an African Working Committee on universalization of the convention to be spearheaded initially by Togo together with Ghana and Zambia. Statement of Togo, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 10 September 2013.

[4] Statement by Prof. 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.

[5] 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.