Togo’s Land Resources Management Problems, Reforms, and Policies

1. Togo Economy

2. Togo Economy

3. • Togo Economy
Capital: Lome
Population 7.6 million
Area 56,785 sq km (21,925 sq miles)
Languages French (official), local languages
Major religions Indigenous beliefs, Christianity, Islam
Life expectancy 59 years (men), 61 years (women)
Currency CFA (Communaute Financiere Africaine) franc
$1 = 556.0427 Fcfa and 1 RMB = 24.3723 Fcfa, and 1Fcfa = 24.3741 Rp
President: Faure Gnassingbe Eyadema
Faure Gnassingbe Eyadema succeeded his father, who died in 2005 after
ruling the country with an iron fist for 38 years.

4. Togo Economy
• German Imperialism in Togo (1884-1914) 1914 the colony was
drawn into the conflict. It was invaded and quickly overrun by
British and French forces during the Togoland campaign and placed
under military rule. In 1916 the territory was divided into separate
British and French administrative zones, and this was formalized in
1922 with the creation of British Togoland and French Togoland.
• Togo under French Metropolis (1922-1960)

5. Togo Economy
• Land Ownership in Togo is Private Ownership Since 1960
Fundamental keys policies in Togoland management tenure security
• Land tenure security determine who can own, use, and manage
which land area and resources for how long and under what
condition.
1. It guarantees the existence, recognition, and protection of land
rights,
2. It can help to protect biodiversity and improve livelihoods by
reducing conflict over resource control,
3. It encourages responsible investment by providing certainty about
whose consent is needed to use the land.

6. s
Togo Economy
The Building blocks of law in Togo land policy
THe legal system need three keys elements to work welll, Law are innefective
if the do not establish procedures and respomsibility to making sure that its
enacted.
1. Substantive rights: the right to have or do something
2. Procedural rights: the process that support the claim to a right. its enable
you to exercise your substantive rights.
3. Institutional responsibilities: to provide effective transparent and
accountable enforcement of substantive and procedural rights.

7. Togo Economy
Legal Pluralism in Togoland policy
In practice, different system of law co-exist and operate in the same place, at the same
time, over the same issues. Finding ways to integrate these different systems using the
best element of each, offer the best chance of achieving a clear, socially just system.

8. Togo Economy
Togo's National, Customary, and International law in
conflict
1. Under national law, the government can reallocate unregistered land that is without
houses farms or gazing to other uses as mining, Free Zone, logging, national park, eg
2. Under customary law, many communities claim collective right over their traditional
land even if its has never been registered in national law. This included most of the
traditional territories in rural area.
3. International law which Togo has sign up to affirm communities have rights to own
land, territories and resources that they have traditionally owned, used or occupied,
including that claimed unsder customary law.
Togo constitution recognizes the legal priority of international law over national law.

9. Togo Economy
Using Human Right Law to Secure Community Land Rights
Protecting of community land and resources rights in international lawis often based on
human right.
1. Reform processes provide an opportunity to embed human rights principles into both
national and customary laws, thought domestication of international law.
2. Under international law, customary ownership of community lands and resources
must be recognized, respected and protected by states.
The concept of Free Prior and informed consent (FPIC) derives from international law. Its
increasingly being applied to communities whose customary land are sought by
oudsiders.

10. Togo Economy
How to approach law and land policy reform processes in
Togo
1. Clarify key objectives and principles at the outset, if all rights holders and stakeholders
agree on these at the begining, the reform processes can proceed more smoothly
2. Make customary land ownership in rights equal in weight and validity to documented
ownership claims.
3. Incorporated overarching principles expressed in the constitution as well as
international law into reforms.

11. Togo Economy
Affordable Land policy and reform in Togo
Togo's affordable land policy and reform set out several key land tenure objectives
such as:
1. Resolving land disputes in line with customary practices and community interest,
2. Integration of customary law into national statutory law,
3. Creating a decentralised system for land administration, base on community
participation
4. Incentivising investment and economic growth
5. Reintegration and resetlement for those displaced by social, political, or civil
instability.

12. Togo Economy
Strengthen Affordable Land policy and reform in Togo
Insure legal reforms comply with core principles including when customary traditions are
in tension with these primciples.
Togo has incorporated women's rights in land reforms.
Togo urban as well as rural land act protects woman's land rights in the event of land
sale, land transfer, land surrender, as well as in case of divorced and widowhood. If a man
surrenders his land, his wife has the right to be offered that land before anyone else.
The act also mandates for gender balance on land administration and management
bodies.
Clarify who has the rights to land, and what kind of evidence should be accepted as proof
of land claims. The two process of clarification are as followed:
1. Confirming Existing, collective community rights
2. Authorising customary law and procedures for administering tenure rights within
communities

13. Togo Economy
Strengthen Affordable Land policy and reform in Togo
Enabling rights holders to use their land rights in relation with others, which mean that
parties outside the customary community, including investors must respect and
understand those rights.
Togo community as a legal entity
Togo land law recognises a local community as a formal legal entity, whose borders are
clearly protected from infringement by outsiders and within traditional mechanisms of
land use management prevail.
Clarify roles, responsibility and procedures for upholding land and resources rights
insuring that institutions and processes responsible for implementing the law are
accessible and accountable.
Legal reforms can incorporate checks and balances to insure that:
Apward Accountability: accountability to the state to insure compliance with core
principles,
Downward Accountability: accountability from customary authorities to communities,
emphasing that the rights belong to communities not to traditional leaders.

14. Togo Economy
Strengthen Affordable Land policy and reform in Togo
Enable rights holders to claim, monitor, enforce and enjoy their land and resources rights
Togo land legal reforms inluded the procedural rights to make possibles for rights holders
to claims their tenure rights as follwed:
1. Transparency - community and civil society access to information
2. Participation - community play a real role in decisions that impact their rights
3. Access to justices - system that community can use to inforce their rights

15. Togo Economy
Togo land Ownership system VS China land ownership
system
China Land Ownership System:
Public Ownership
Togo Land Ownership System:
Private Ownership

16. Togo Economy
Togo land Management system VS China land Management
system
Togo Land Management System:
Social and Community Orientatioin
China Land Management System:
Market and Economic Orientation

17. Togo Economy
Conclusion and Recommendation
China Land policy reform to Public Ownership has leaded to the country economic boom
in contrast, Togo land policy and reform to Private Ownership has leaded the country to
social and community disputes trhougth land rights claims and increase country poverty.
Togo Land policy, reform, law, and decision makers should review the country land
management and policy wihich could be apply for the benefit of all the citizens and lead
to the country economic growth.

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