Pan-African Parliament Adopts Landmark Model Laws on Labour Migration and Gender Equality in Africa

The Pan-African Parliament (PAP) on Wednesday, achieved a historic milestone with the adoption of two landmark continental legal instruments: the Model Law on Labour Migration in Africa and the Model Law on Gender Equality and Equity in Africa, marking a defining moment in the Parliament’s legislative journey toward the harmonization of laws across African Union (AU) Member States.

Adopted during the Sixth Ordinary Session of the Sixth Parliament, the two Model Laws crown years of sustained institutional effort, following extensive technical consultations, regional validation workshops, and rigorous plenary deliberations. Their adoption reflects a collaborative achievement between PAP’s Permanent Committees, AU Organs, Regional Parliaments, the International Labour Organization (ILO), UN agencies, and a broad coalition of civil society and policy partners committed to advancing human rights and social justice on the continent.

This milestone gives practical effect to Article 11(3) of the Protocol to the Treaty Establishing the African Economic Community Relating to the Pan-African Parliament (PAP Protocol), which mandates PAP to work towards the harmonization and coordination of national laws, particularly in areas central to human rights, economic integration, gender equality, and inclusive governance.

MODEL LAW ON LABOUR MIGRATION IN AFRICA: PROMOTING DIGNITY, DECENT WORK, AND CONTINENTAL MOBILITY

Adopted as a soft-law instrument, the Model Law on Labour Migration in Africa offers a rights-based, development-sensitive and gender-responsive framework for the governance of international labour migration. It provides Member States with a comprehensive guide for enacting or revising national laws, concluding bilateral and multilateral agreements, and aligning domestic legislation with AU frameworks and international labour standards.

According to Hon. Senator Bideri, Chairperson of the PAP Committee on Trade, Customs and Immigration Matters, the law is a “strategic instrument for labour policy convergence across Africa,” consistent with the goals of the AfCFTA, Agenda 2063, and the Joint Labour Migration Programme.

Key features include:

·       Upholding rights regardless of status: Article 6 confirms that all migrant workers, including those in irregular situations enjoy non-derogable human rights, including the right to life, freedom from forced labour, and access to justice.

·       Skills recognition and remittance facilitation: The law promotes skills portability, mutual recognition of qualifications, and fair remittance practices (Articles 22 & 19).

·       Regulation of recruitment: Guided by the AU Fair and Ethical Recruitment Strategy (2024), the law mandates oversight of recruitment agencies to curb trafficking and exploitation.

·       Social protection: Article 23 calls for bilateral or multilateral social security agreements, reinforcing the right to equality of treatment in access to benefits and entitlements.

·       Gender-sensitive provisions: Special attention is given to women migrant workers, intersectional discrimination, and vulnerability in informal sectors.

ILO Regional Director Mr. Alexio Musindo praised the law as a bridge between protection and productivity:

“By improving skills portability and recognising qualifications across borders, Africa can turn brain drain into brain gain, ensuring young people and skilled workers contribute to development wherever they work.”

MODEL LAW ON GENDER EQUALITY AND EQUITY: ADVANCING TRANSFORMATIVE JUSTICE AND SOCIAL INCLUSION

Presented by Hon. Khadija Arouhal, Deputy Chairperson of the PAP Committee on Gender, Family, Youth and People with Disabilities, the Model Law on Gender Equality and Equity is described as “a strategic necessity” offering a common, adaptable and progressive reference grounded in African values and aligned with global standards like CEDAW, the Maputo Protocol, and the Beijing Platform for Action.

Emerging from Resolution PAP.6/PLN/RES/14/NOV.22 and culminating in extensive regional consultations, technical reviews, and a first reading in July 2025, the Model Law is now a practical tool to support Member States in harmonizing national legal frameworks and advancing gender justice in law, politics, economics, education, health, and beyond.

Key elements include:

·       Affirmative Action & Quotas: Article 15 mandates at least 50% representation for women and 30% for youth in political and leadership positions.

·       Gender-responsive justice: Article 11 calls for audits of discriminatory laws and mandates free legal aid, victim support services, and simplified gender-based violence procedures.

·       Reproductive health rights: Part IX protects against obstetric violence, forced sterilization, and discrimination in maternal care.

·       Digital, environmental & climate justice: The law innovatively addresses gender equity in digitalization, climate adaptation, and agricultural resilience (Articles 56–60).

·       Inclusive economic empowerment: It provides for gender-equitable procurement, housing, financial services, and support for persons in the informal economy.

·       Marriage, family, and harmful practices: Article 42–44 call for the abolition of child marriage, FGM, and the registration of all forms of marriage, including customary unions.

As stated in the preamble, the Model Law seeks to redress systemic inequality, consolidate human rights, and harmonize fragmented national legislation, while addressing the unique challenges faced by women, youth, persons with disabilities, and other marginalized groups.

AFFIRMING PAP’S ROLE IN CONTINENTAL LAW HARMONIZATION

The adoption of these two Model Laws underscores PAP’s evolving role as a pan-African legislative think tank and harmonization catalyst. By providing soft-law templates, PAP enables Member States to domesticate continental norms in ways that are context-sensitive yet normatively coherent.

These Model Laws join PAP’s expanding portfolio of harmonization instruments, including those on Food Security and Nutrition, Policing in Africa, Disability Rights, and Factoring. More Model Laws, including on climate resilience, youth entrepreneurship, and AI governance, are under development and will be presented for adoption in upcoming sessions.

Above all, this legislative achievement reflects PAP’s mission to centre African voices, strengthen institutional mandates, and build a people-driven African Union.