Special Provisions

The President of the Republic, the Prime Minister, the members of the Government, the President and the members of the bureau of the National Assembly and of the Senate and the Directors of the central administrations and of the public enterprises must make before the Supreme Court a declaration of their assets and credits at the debut and at the end of their mandate or of the office.

A law determines the conditions for the implementation of this provision.

The source of all legitimacy follows from this Constitution.

The Togolese Armed Forces are a national, republican and apolitical army. They are entirely subject to the political constitutional authority regularly established.

Any attempt to overthrow the constitutional regime by the personnel of the Armed Forces or [Forces] of Public Security, by any individual or group of individuals, is considered as an imprescriptible crime against the Nation and sanctioned in accordance with the laws of the Republic.

Outside of for the defense of the territory and of the works of public utility, the Armed Forces may only be engaged insofar as this Constitution expressly authorizes it.

In case of conflict with another State, the Armed Forces are enabled to protect civil objectives, and to assure missions of the police, to the extent that their mission of defense of the territorial integrity requires it. In this case, the Armed Forces cooperate with the authorities of [the] police.

In case of armed rebellion and if the Forces of Police and of Security cannot, by themselves, maintain public order, the Government can, to contain the danger menacing the existence of the Republic or the democratic constitutional order, engage the Armed Forces to assist the Forces of Police and of Security in the protection of civil objectives and the struggle against rebels.

In any state of cause, the Government must end the engagement of the Armed Forces once the National Assembly requires it.

In case of coup d'état, or any coup of force whatever, any member of the government or of the National Assembly has the right and the duty to call on all means to reestablish the constitutional legitimacy, and including the recourse to existing agreements of military or of defense cooperation.

In these circumstances, for any Togolese, to disobey and to organize themselves to resist the illegitimate authority constitutes the most sacred of the rights and the most imperative of the duties.

Any overthrow of the constitutional regime is considered as an imprescriptible crime against the Nation and sanctioned in accordance with the laws of the Republic.

This Constitution must be promulgated within the eight (8) days following its adoption by referendum.