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Togo: Whether the wife of a Togolese citizen can obtain Togolese nationality; if so, the conditions and the procedure for obtaining it and whether approval of the application is discretionary

Publisher Canada: Immigration and Refugee Board of Canada
Publication Date 22 November 2010
Citation / Document Symbol TGO103603.FE
Cite as Canada: Immigration and Refugee Board of Canada, Togo: Whether the wife of a Togolese citizen can obtain Togolese nationality; if so, the conditions and the procedure for obtaining it and whether approval of the application is discretionary, 22 November 2010, TGO103603.FE , available at: http://www.refworld.org/docid/4d089ae42.html [accessed 22 October 2014]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

22 November 2010
TGO103603.FE
Togo: Whether the wife of a Togolese citizen can obtain Togolese nationality; if so, the conditions and the procedure for obtaining it and whether approval of the application is discretionaryResearch Directorate, Immigration and Refugee Board of Canada, Ottawa

In a 15 November 2010 telephone interview with the Research Directorate, the Director of the Nationality Service, which is part of General Secretariat of the Ministry of Justice in Togo, explained that the wife of a Togolese citizen can obtain Togolese nationality on the condition that she is legally married (Togo 15 Nov. 2010).

The Togolese Nationality Law (Loi sur la nationalité togolaise), which was adopted on September 7, 1978, states the following:

[Translation]

Art. 5

Subject to the provisions of Article 6 below, a foreign woman who marries a Togolese man acquires Togolese nationality from the moment the marriage is celebrated.

Art. 6

If the woman's national law allows her to retain her original nationality, that woman may declare, prior to the celebration of her marriage and in the manner set out in Articles 30 et seq. of this law, that she declines Togolese nationality.

Even if she is a minor, she may exercise this right without authorization.

Art. 7

The marriage has effect on the acquisition of Togolese nationality only if it is celebrated in accordance with Togolese legislation or customs or with the legislation of the country in which it was celebrated. If the marriage is celebrated in accordance with a Togolese custom, in order to have effect within the meaning of this article, it must be recognized in writing (Togo 1978).

Processing and approval of nationality applications

In a 15 November 2010 telephone interview with the Research Directorate, the Director of the Nationality Service stated that all nationality applications received by the country are processed the same way and that none are approved in a discretionary manner (Togo 15 Nov. 2010). Corroborating information could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Togo. 15 November 2010. Ministry of Justice. Telephone interview with the Nationality Director.

_____. 1978. Loi sur la nationalité togolaise. (United Nations - Refworld) [Accessed 8 Oct. 2010]

Additional Sources Consulted

Oral sources: Attempts to reach representatives of the Embassy of Togo in Ottawa and in Paris were unsuccessful.

Internet sites, including: Africa Governance Monitoring and Advocacy Project (AfriMAP), Afrik.com, Afrol News, AllAfrica.com, European Country of Origin Information Network (ecoi.net), Government of the Republic of Togo, Grioo.com, InfoSud Belgique (InfoSud), International Labour Organization (ILO), Internationale de l'éducation (IE), Office of the United Nations High Commissioner for Refugees (UNHCR), Organisation internationale de la francophonie (OIF), Réseau des médias francophones (MEDIAF), United Nations Children's Fund (UNICEF), United Nations Development Programme (UNDP), United Nations - Integrated Regional Information Networks (IRIN), United States - Department of State.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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