Infringements of Law n°2010-004 of June 14, 2010, on the water code, are now reported and punished by Togo's "Water Police". A decree establishing the creation, organization, powers and operation of the new entity was issued on January 17, 2024.
A new unit is now in charge of preserving water resources in Togo. This is the “Water Police”, which became operational on January 17, 2024, with the issue of a decree establishing its creation, organization, powers and operation. “This police force is mandated to investigate and record breaches of Law n°2010-004 of June 14, 2010, on the water code, and will operate throughout the national territory”, says Yark Damehame, Togo’s Minister of State for Water and Village Hydraulics.
Although the Togolaise des Eaux (TdE) is responsible for water management through the construction of hydraulic installations, illegal projects are multiplying at the same rate, with negative impacts on water quality and quantity. Pollution of freshwater resources by wastewater is also a problem that needs to be resolved.
Controlling water installations in the country’s five regions
Togo’s “Water Police”, whose team is made up of police officers and sworn agents from the Ministries of Water, Health, Environment, Agriculture and Territorial Collectivities, have been given full authority to stop these infractions. “They have the power to access private property, private homes, outbuildings, wells, boreholes and other water-related works, in order to carry out investigations and observations. Such access may be granted in the presence of, or at the request of, the Togolese public prosecutor, the examining magistrate, or any competent judicial authority, or by virtue of a warrant issued by the competent judicial authorities”, explains Yark Damehame, the Togolese Minister of State in charge of Water and Village Hydraulics.
According to the decree, the new water structure can also demand that the owner or operator of a water catchment or abstraction facility, or of an effluent discharge facility, provide their authorizations and start up the facilities to verify their characteristics. In addition, it has the right to access land, buildings, dwellings, vehicles or boats to take samples, install measuring equipment, carry out analyses, or examine premises where violations are suspected.
Assistance from Togolese law enforcement agencies
Companies responsible for water pollution by wastewater can also be questioned as part of the “Water Police” missions, in order to provide all the information required to carry out their duties. Infringements of the Water Code and its implementing provisions will be recorded in official reports.
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The water management unit of the West African country is subject to the conditions of protection provided by the penal code with regard to outrages, threats and violence against representatives of public authority. They must be able to show their titles, mandates, certificates, attestations, professional cards, or any other document legally signed by the competent authority. Where necessary, officers may request the assistance of the forces of law and order, and in the event of flagrante delicto, are authorized to institute proceedings against offenders.
Inès Magoum
