Reference Library

Arrêté interministériel (Mai 2024) sur nuisances sonores

Sets ambient noise limits: ≤70 dB(A) (06:00–22:00), ≤55 dB(A) (22:00–06:00). Restricts loud activities near sensitive sites (schools, hospitals, etc.) without prior authorization. Bars/hotels must cease sound: 12:00–14:30 and 22:00–09:00.

Code Foncier 2018; Ordonnance 1978-004 (Expropriation)

If land acquisition displaces people or community use (farmland, etc.), compensation is required. Voluntary land deals must be at a fair price and with community consent (often witnessed by local officials). For involuntary taking, an expropriation process must be launched by the State: proof of public interest, public inquiry, decree, and prior compensation for loss of land and assets.

Code Forestier (Law 2008-009); Loi-cadre Env. 2008

Clearing of forest or tree felling is controlled. In classified forests (forêt classée), no clearing without Ministry decree. Elsewhere, any clearing over 1 hectare or harvesting of protected tree species requires a permit. By default, trees on community land belong to the state: an authorization is needed to cut them for project purposes.

Code Minier – Loi n°2003-012 du 4 juillet 2003 (Mining Code)

Extraction of construction materials (sand, gravel, stone) requires a permit or purchase from licensed quarries. Artisanal extraction by communities is common but still technically needs authorization. Use of water for construction (e.g. mixing concrete) should be coordinated with local authorities if from communal sources. Imported equipment must comply with national standards (no specific environmental restriction except electrical safety standards).

Code du Travail 2021 (Articles 209–226); Décret 2010-0031 on H&S

Employers must implement all necessary measures for worker safety: free PPE, safety training, medical surveillance for dangerous jobs. The law sets max workplace noise, ventilation, machinery guarding standards, etc. First aid and incident log are required on sites. Companies >10 employees should have an H&S policy; >25 employees must establish an H&S Committee.

Code du Travail 2021; Law 2007-017 on Child Trafficking

Minimum working age is 15 (was 14, raised in new code) except for light work at 13 with authorization. Under 18 cannot do hazardous work (construction, heavy lifting, electrical work are considered hazardous). Strict prohibition of worst forms of child labour (slavery, trafficking, etc.).

Code du Travail 2021; Penal Code (slavery/trafficking sections)

Forced labour is strictly forbidden – The new labor code reaffirms that work must be voluntary. Retaining identity papers, coercing overtime under threat, or using bonded labor are criminal offenses. Contracts must be freely agreed and terminable with notice.

Code du Travail – Loi n°2021-012 du 18/06/2021 (Nouveau Code)

Standard workweek 40 hours (with max 10 hours/day, overtime payable at +40%). Guaranteed minimum wage (~35,000 FCFA/month for general workers). Written contract required for >3-month jobs. Local content: no quota, but practice is to hire local labor if available. Social security registration of employees is mandatory.

Constitution de 1992 (Art. 2 & 11)

All Togolese are equal before the law without distinction of origin, race, sex, social condition or religion. Men and women have equal rights. No one may be advantaged or disadvantaged on those grounds.

Décret n°2017-040/PR du 23 mars 2017 fixant la procédure des études d’impact environnemental et social

Projects are categorized: Category A (high impact, e.g. >1 MW generation or >50 km power lines) require full ESIA with public hearing; Category B (moderate impact, e.g. smaller mini-grids) need a simplified ESIA or Notice d’Impact; Category C (minimal impact) are exempt but must follow good practices. Solar PV mini-grids typically Category B (ESIA lite), small hydro could be A if dam impacts significant.

Labour Code (general duty of care); Security laws

No specific law, but employers must ensure safety of employees everywhere. In rural/off-grid contexts: provide safe transport (vehicles in good condition), security measures if areas have theft/robbery issues (e.g. hire local guards), and communications (so staff can call for help). Inform local authorities of your operations – often they can include your site in their security rounds.

Loi n°2008-005 du 30 mai 2008 – Loi-cadre sur l’Environnement

All polluting emissions are regulated. The law requires “prevention and reduction of pollution and nuisances” – e.g. dust from works must be controlled (water spraying, covers), air emissions (smoke, fumes) must meet standards (Togo follows WHO guidelines for air quality). Noise: limit ~70 dB daytime in industrial zones, ~55 dB in residential at day (40 dB night) as per draft standards.

Loi n°2018-005 du 14 juin 2018 – Code Foncier et Domanial

Projects must comply with the land use plan (“Schéma d’aménagement”) if one exists for the area. Outside of planned zones, projects on rural land require conversion of land to state or leasehold – facilitated by the Land Commission. If within a city/town boundary, a building permit and conformity to zoning (e.g. distance from roads, height limits) is required.

Loi n°2018-010 du 08/08/2018 – Promotion des Énergies Renouvelables; Loi n°2000-012 (Electricity Law)

Tariffs for mini-grid services must be just and transparent. Under renewable energy law, off-grid tariffs can be set in contracts but are subject to oversight to protect consumers. The national regulator ARSE has the authority to regulate or approve tariffs and ensures consumers are not overbilled. Complaints can be brought to ARSE. Prepayment meters are encouraged to promote accurate billing.

Loi-cadre Env. 2008; Loi 2007-011 sur Aires Protégées

Projects must not significantly impact critical habitats or protected species. If near a national park or faunal reserve, strict rules apply (no project activities inside without special exemption by decree). Hunting or disturbing wildlife on project site is forbidden. EIA should identify any endangered species and propose mitigation (e.g. work timing to avoid breeding seasons).

Loi-cadre Environnement 2008; Decentralization Law 2013-013

Public participation is required in environmental decision-making: Category A ESIA must include public consultations with affected communities. There is no explicit FPIC mandate in Togolese law, but for projects affecting indigenous or local communities, in practice developers need broad community approval (often via signed MoU with village). Local governments (communes) have a say in local development – their consultation is legally required for land allocation or community land use changes.

Loi-cadre Environnement 2008; Déchets Management Decree (2011)

Hazardous waste (batteries, e-waste) must be managed by authorized facilities. Batteries: cannot be landfilled; must be collected and sent to a licensed recycler or exporter. Solar panels: classified as “Déchets d’Équipements Électriques et Électroniques (DEEE)” – producers/importers are responsible for disposal under emerging e-waste rules.

Loi-cadre Environnement 2008; Public Health Code

All solid wastes (construction debris, packaging) must be disposed of at approved sites. Open burning is generally prohibited in urban/peri-urban areas. Pollution (spills into water or soil) must be immediately reported and mitigated. Contractors should implement waste segregation (organic, recyclable, hazardous) on-site.

Loi 2020-009 sur Sécurité Civile (Civil Protection Law)

High-risk facilities (e.g. fuel storage >10,000 L, dams >15 m height) must have an Emergency Plan filed with civil protection. For typical solar mini-grids, this is not mandated, but having a basic emergency response (fire, extreme weather) is good practice. Business continuity (plans for quick power restoration after disasters) is encouraged by national energy policy but not enforced.