Pan-African Parliament Holds First Reading of Draft Model Law on Implementation of Decisions of African Human Rights Bodies

The Pan-African Parliament (PAP), during its plenary sitting on Thursday at the Sixth Ordinary Session of the Sixth Legislature, held the First Reading and Debate on the Draft Model Law on Implementation of Decisions of African Human Rights Bodies. The presentation marks a significant step in Africa’s ongoing effort to strengthen the continental human rights system and enhance compliance with decisions of African human rights institutions.

The session was presided on behalf of the President of the Pan-African Parliament, H.E. Chief Fortune Charumbira, by the Fourth Vice-President, Hon. Djidda Mamar Mahamat. The report was presented by the Acting Chairperson of the Committee on Justice and Human Rights, who outlined the background, objectives, and key provisions of the Draft Model Law. He was joined by technical contributions from the Centre for Human Rights, University of Pretoria, and Mr. Clement Mavungu, PAP Legal Officer.

Advancing Human Rights Enforcement in Africa

In his opening remarks, the Acting Chairperson of the Committee on Justice and Human Rights recalled that the Draft Model Law was developed in response to Resolution PAP.6/PLN/CJHR/RES/04/JUN.24, through which the Parliament mandated the Committee “to propose a model legal instrument to guide a harmonised domestic implementation of decisions of African human rights bodies.” The initiative arose from persistent concerns about the slow or non-implementation of judgments and recommendations from key continental institutions, notably the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, and the African Committee of Experts on the Rights and Welfare of the Child.

“The credibility of Africa’s human rights system depends on whether decisions of these bodies are implemented effectively at national level,” he said. “This Model Law will help Member States overcome legal and institutional barriers that have for too long undermined the enforcement of human rights judgments.”

A Comprehensive Legal Framework

The Draft Model Law, tabled for first reading, provides a detailed framework to guide African Union (AU) Member States in establishing or strengthening national legislation and mechanisms to ensure that decisions of African human rights bodies are duly executed.

The Law defines clear institutional responsibilities, beginning with the Ministry of Justice or Attorney General as the competent national authority for implementation, and introduces a National Implementation Coordination Mechanism: a multi-stakeholder platform bringing together ministries, the judiciary, national human rights institutions, and civil society to monitor and report on compliance.

It also elaborates procedural mechanisms for:

·       Registration and enforcement of human rights decisions in domestic courts;

·       Execution of reparations and compensation ordered by African human rights bodies;

·       Implementation of provisional measures and non-pecuniary remedies such as rehabilitation, release, and guarantees of non-repetition; and

·       Parliamentary oversight over state compliance and budgetary allocations for implementation.

Contributions from Technical Experts

Presenting on behalf of the Centre for Human Rights, University of Pretoria, the institution’s legal experts commended PAP’s leadership in operationalizing Africa’s shared human rights commitments through legislative innovation. They described the Draft Model Law as “a powerful tool to bridge the gap between regional decisions and national practice,” noting that many AU Member States lack enabling legislation to domesticate judgments of African human rights bodies.

“This Model Law offers a harmonized, African-grown solution to a long-standing challenge,” one presenter explained. “It empowers states to act promptly and consistently when continental human rights bodies issue binding or recommendatory decisions.”

Mr. Clement Mavungu, PAP Legal Officer, provided a detailed technical briefing on the structure of the Model Law, explaining its three core pillars:

1.     Legal enforceability: ensuring that decisions of African human rights bodies carry the same authority as domestic court judgments;

2.     Institutional coordination: creating national mechanisms for follow-up, data management, and reporting; and

3.     Victim-centred reparations: embedding human dignity, non-discrimination, and access to effective remedies as guiding principles.

He emphasized that the Model Law draws inspiration from comparative practices in other regions such as the Inter-American and European systems while remaining grounded in Africa’s own legal traditions and constitutional frameworks.

Members Commend the Initiative

During the ensuing debate, Members of the Pan-African Parliament lauded the Committee’s foresight, describing the draft as a milestone toward restoring the legitimacy and effectiveness of the African human rights system. Legislators stressed that parliaments, as representatives of the people, have a duty to ensure national accountability for decisions of supranational bodies.

Several Members called for stronger parliamentary oversight provisions, including mandatory reporting by governments to their national assemblies on the status of implementation of African Court judgments and African Commission recommendations. Others highlighted the importance of including budgetary lines for reparations and implementation measures in national budgets.

“Human rights without enforcement are only words on paper,” one Member remarked. “This Model Law provides the missing link between our continental commitments and the lived reality of African citizens.”

Key Innovations of the Draft Model Law

The Draft Model Law introduces several groundbreaking innovations:

·       Establishment of a National Implementation Coordination Mechanism to ensure multi-sectoral collaboration;

·       Mandatory registration of African human rights decisions in domestic courts, giving them the same effect as national judgments;

·       A defined process for payment of compensation, rehabilitation, and re-opening of cases in compliance with human rights rulings;

·       Sanctions for public officials who fail to implement decisions; and

·       Provisions for parliamentary reporting, transparency, and public access to information on implementation.

Next Steps

Following the First Reading, the Draft Model Law will undergo regional consultations across Africa to gather inputs from governments, parliaments, national human rights institutions, civil society, and academia. The Committee on Justice and Human Rights will thereafter integrate the feedback and present a revised version for Second Reading and adoption during a subsequent session.

The Acting Chairperson concluded by reaffirming PAP’s determination to use its legislative and oversight mandate to ensure that African human rights decisions translate into concrete justice for victims across the continent.

“The Pan-African Parliament stands as the people’s voice for accountability. With this Model Law, we are not only harmonizing legal frameworks: we are bridging the gap between human rights ideals and their realization in daily life.”

Why It Matters

The Model Law on Implementation of Decisions of African Human Rights Bodies complements PAP’s broader legislative agenda to promote human rights, democracy, and good governance under Articles 3 and 11 of the PAP Protocol. Once adopted, it will serve as a model for AU Member States to give legal effect to decisions of African human rights institutions, strengthening Africa’s collective commitment to justice, the rule of law, and the protection of human dignity.