Togo Enacts Protected Areas Law to Strengthen Biodiversity Conservation

Togo's parliament has passed a new law on protected areas, with some lawmakers expressing concerns over its impact on local populations. The law aims to strengthen biodiversity protection in the country, but critics argue it prioritizes nature over people. Kafui Adjamagbo-Johnson, a deputy from the CDPA/DMP party, was the only parliamentarian to vote against the bill, citing concerns over expropriation, relocation, and penalties for environmental offenses.

The legal significance of this development lies in its potential impact on land ownership and use rights. The law establishes different categories of protected areas, their zoning, management, and creation of an Office National des Aires Protégées (ONAP). However, it also allows for the expropriation of land for public utility purposes, which could lead to disputes over compensation and relocation.

The relevant statutes and regulations involved in this matter include the Togolese Constitution, the Environmental Code, and various decrees related to protected areas. The court hierarchy in Togo includes the Supreme Court, the Court of Appeal, and lower courts that handle environmental cases. Precedents set by these courts will likely influence future interpretations of the new law.

The key parties involved are the Togolese government, parliamentarians, and local communities affected by the law. Practitioners should monitor the implementation of this law and its impact on land ownership and use rights. They should also be aware of potential disputes over expropriation and relocation, as well as the creation of the ONAP.

Practitioner takeaway: Attorneys and businesses operating in Togo should familiarize themselves with the new law and its implications for protected areas. They should also be prepared to advise clients on land ownership and use rights, as well as potential disputes related to expropriation and relocation.