Members
of the Pan African Parliament want to start a body that will keep law and
order, and protect life and property on the continent.
Presented
for debate yesterday by the Chairperson of the Committee on Justice and Human
Rights, Hon. Ignatienne Nyirarukundo, the bill titled “The Draft Model Police
Act,” addresses issues of governance, human rights and justice and spells out
the role, functions, powers and duties of a continental police officer.
It
further spells out details on appointment, promotion, conditions of employment,
resignation and retirement.
The
Pan African Parliament is currently sitting in South Africa as part of its
routine schedule to deliberate on public affairs issues that touch the
well-being of the continent.
Mr
Nyirarukundo said the objective of the law is to promote legislative reform on
existing legislation governing the mandate, organizational structure and
performance of law enforcement agents within the African Union member states.
“The
law will significantly contribute to policing in Africa and complement existing
reform initiatives of the African Union Commission on human and people’s
rights,” she said adding that “the model law will support democratic governance
and the rule of law, upholding and promoting equitable and free access to
justice.”
Some
legislators however raised a red flag on the move saying the proposed
legislation raises national sovereignty concerns, and that the continental Assembly
does not have full legislative powers as embodied in the Constitutive Act of
the AU.
At
the moment, the assembly only has advisory and consultative powers and cannot
make laws.
“We
need the model law because Africa has been associated with a regime style of
policing where the police serve the state and not the people,” Hon. Bernadette
Lahai from Sierra Leone said. “The model law should be taken to national
countries for further discussion such that it’s in conformity with the national
constitutions.”
Uganda’s
representative in the Assembly Okot Ogong (Uganda) suggested that as part of
wider public consultation on the proposed law, the Legal or Rules committee
should hold public hearings with various stakeholders and submit a report to
the House for consideration by the Members.
The
Assembly agreed to consult and enrich the model law with the various nation
states’ legislations and then submit it to the AU Heads of States and
Government for endorsement.
As
of now, not more than five Member States, have ratified the Malabo Protocol
that would give the Assembly powers to make laws. Even then, the assembly of
Heads of State and Government would decide the subject areas that PAP may
propose draft model laws. At least 28 Member States have to ratify and deposit
the Protocol for PAP to have legislative powers.
This
will not be the first model law the AU has endorsed. Model laws have been
adopted on issues of shared concern on the continent. In January 2016, the AU
Heads of State and Government Summit in Addis Ababa, Ethiopia, officially
endorsed the Model Law on medical products regulation.
This
was designed to help African countries address gaps and inconsistencies in
regulatory legislation and enable harmonisation. Other model laws in place are
the Access to Information for Africa; and the model law on Biosafety in
Technology among others.
