Togolese President Faure Gnassingbé has assumed power in the country since the death of his father, the former president, in 2005 (Al Jazeera)

On a historic night, the Togolese National Assembly voted overwhelmingly in favor of a new constitution that would transform the system of government from presidential to parliamentary, in what is the most notable move since the 1992 constitutional referendum.

This transformation paves the way for a new phase in the country, as the authorities say it strengthens democracy, while the opposition criticized it and saw it as strengthening the influence of the president and his close circle.

On the evening of Monday, March 25, 2024, Togo witnessed a radical change in its political scene, as parliamentarians approved a new constitution for the country that reshapes the government system from presidential to parliamentary, so that electing the head of state becomes one of Parliament’s responsibilities.

The new constitution, which was approved by 89 votes in favour, one against and one abstention from members of the National Assembly, was introduced at the initiative of the majority deputies of the ruling party, the Union for the Republic. The step represented the beginning of a new era in Togo, announcing its entry into its fifth republic, which is considered the most prominent constitutional transformation since 1992.

This comes in light of the preparations for the legislative and regional elections expected on April 20, in which the opposition has confirmed its participation.

The recent constitutional amendment sparked controversy between its supporters, supporters of President Gnassingbe, and his opponents (Reuters)

Historical transfer of power

During its history of nearly 65 years, the Republic of Togo, located in West Africa, has not witnessed any peaceful transfer of power. Sylvanus Olympio, the pioneer of Togolese independence and its first president, was killed in a bloody coup on January 13, 1963, in a coup led by Gnassingbé Eyadema.

Shortly after Nicholas Grunitzky took power, Eyadema seized power on April 14, 1967, beginning a new era in the country's history. During his rule, which received strong support from France, Eyadema exercised broad influence, which made him one of the prominent icons of the “France-Afrique” system, despite the international criticism directed against him.

After a referendum in 1972, Togo witnessed controversial elections in 1979 and 1986, and the country experienced turmoil in the 1990s, with local and international calls for democratic reform. Under mounting pressure, in 1991 Eyadema agreed to appoint a prime minister, but soon regained full control of power.

Shortly after, the famous oppositionist Tavio Amorin was assassinated in 1992, followed by the election of Eyadema as president in 1993 and 1998, an election rejected by the opposition.

In response to the violence that accompanied the 1993 elections, the European Union froze aid to Togo. Relations with the European Union gradually improved after Eyadema mediated the Ivory Coast conflict and announced new legislative elections in 2005, a process that began in November 2004. Eyadema died on February 5, 2005, leaving behind a complicated legacy in Togo.

Following the death of President Eyadema, his son Faure Gnassingbé succeeded him, bypassing the constitutional procedures specified in Article 65 that required the handing over of power to the then Speaker of Parliament, Fambari Ouattara-Ntashaba.

Until the 2019 amendment, the 1992 Constitution stipulated that the head of state be elected by direct vote for a period of 5 years, and that the Prime Minister be appointed by the President, who also chooses the Council of Ministers in consultation with the Prime Minister. The National Assembly, with 91 members, is elected for a term of 5 years.

Faure Gnassingbé held the position from 2005, and was elected president 4 times, in circumstances surrounded by much controversy. In 2019, he introduced a constitutional amendment that limits presidential terms to only two, giving the president the opportunity to recount his presidential terms from scratch.

Faure Gnassingbé was elected president 4 times in circumstances surrounded by much controversy (Associated Press)

The most prominent constitutional amendments

The amendments to the new constitution restructured political life to center it on the National Assembly and the Senate, introducing major reforms, the most notable of which is defining the presidency of the republic for a six-year term during which the president is elected by the National Assembly and the Senate in a unified assembly.

The Prime Minister is appointed for a period of 6 years, and must be the head of the party or coalition that wins the majority in the National Assembly elections.

The requirements of the new constitution specify that “the Head of State is practically stripped of his powers in favor of the Prime Minister, who becomes the representative of the Togolese Republic abroad, and who effectively runs the country in day-to-day administration.”

The new constitution sparked controversy between supporters and critics. His opponents from the opposition and civil society condemn what they consider a “constitutional coup” by a National Assembly whose mandate ended 3 months ago.

Under the new constitution, the president is no longer elected by the public, but is appointed by Parliament (Shutterstock)

Criticisms of the amendment

In this regard, Jerry Komandega Tama, a representative of the Togolese New Commitment Party, in a statement to Al Jazeera Net, described the amendment as a “disgraceful act” that goes beyond normal political disagreements with the current authority, stressing that his opposition does not stem from being part of the opposition only, but because the process Voting itself is considered inappropriate based on participatory norms.

Tama explained that the public had not been formally informed of the plans to amend the constitution, but rather were asked to wait for the announcement. He criticized the way the new constitution was approved as if it were an ordinary law, without giving it weight and proper discussion of its importance. “For this reason, we strongly oppose this amendment.”

As for the amendment's supporters, they see it as a step towards dismantling the tightly vertical structure of power that the people have been demanding for a long time.

Accordingly, Isaac Chiakbe, spokesman for the Union of Forces for Change party, saw this reform as an opportunity to end the dominance of the presidency and concentrate power in the hands of the few.

Chiakbe comments in support, saying: “If we truly want to strengthen democracy in our country, to explore parliamentary systems that provide platforms for dialogue; from now on, we will support political forces that share our vision with our voices to achieve change.”

In direct criticism, Farida Bamba Nabourima, the Togolese human rights activist and leader of the “Leave, Four” campaign, considered; Constitutional change is “a kind of legislative coup through a parliament that is self-constituted and saturated with members of the Gnassingbé family, his relatives, and his loyalists.”

She said that under the new constitution, the president is no longer elected by the public, but is appointed by Parliament, “which has become shaped somewhat like a monarchy.”

Nabourima added to Al Jazeera Net that there are no restrictions on the time periods or the number of times the Prime Minister, who represents the executive authority, can be re-elected. It considered that the presence of the president's relatives at the top of the parliamentary structure with a majority means that they are seeking to secure rule forever.

She concluded her statements by emphasizing that "while Senegal is witnessing a new dawn, the situation in Togo is plunged into deeper darkness." Pointing to the contrast between democratic progress in Senegal and decline in Togo.

Source: Al Jazeera