Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Togo face legal challenges not experienced by non-LGBTQ residents. Both male and female forms of same-sex sexual activity are illegal in Togo, with no legal recognition for same-sex marriage or adoption rights.
While it was the German Empire protectorate Togoland, same-sex sexual activity was made illegal in 1884.[2] The German Empire lost control of Togoland in 1916.
Same-sex sexual activity is illegal in present-day Togo via the Penal Code of 13 August 1980, with a penalty of one to three years imprisonment and a fine of 100,000 to 500,000 CFA francs.[3][1][Note 1]
Adoption of children
According to a website of the French government, single and married people are eligible to adopt children. The website does not say whether LGBTQ people are disqualified.[4]
Discrimination protections
Togo does not have a comprehensive anti-discrimination law that protects individuals on the basis of sexual orientation or gender identity. Same-sex sexual activity is legal, but LGBT persons remain vulnerable to societal stigma, police harassment, and exclusion without legal recourse.
Article 311 of the Penal Code (2015) prohibits discrimination based on "sexual identity" against women, but this refers to gender-based discrimination, not sexual orientation. It does not apply to men or to discrimination based on LGBT status. The Press and Communications Code (Law 2020-001) includes homophobic defamation as a category of slander, but this is limited to journalistic contexts and does not offer broader protections. A 2023 decree on passenger data management includes sexual orientation as a protected category within data privacy frameworks, but it does not create enforceable civil rights protections.[5][6][7]
The law provides that a person who engages in a consensual same-sex sexual act may be punished by one to three years' imprisonment and fined 100,000 to 500,000 CFA francs ($208 to $1,041). There were no prosecutions [in 2011] for homosexuality or the often related charge of indecent assault. The eight persons arrested for same-sex sexual conduct in 2010 remained incarcerated. Societal discrimination based on sexual orientation and gender identity occurred, and there were no known lesbian, gay, bisexual, and transgender organizations.
Summary table
Same-sex sexual activity legal
(Penalty: 3 years imprisonment with fines, repeal proposed)
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
↑ The official text of Article 88 in French (Code pénal):
Sera puni d'un emprisonnement d'un à trois (03) ans et d'une amende de 100 000 à 500 000 francs quiconque aura commis un acte impudique ou contre nature avec un individu de son sexe.
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
