The topic on “A Legislative Framework for the Regulation of Vigilante Groups, Private Security and Military Companies” was the subject of this conference because they are often perceived as potential sources of coups and political instability on the African continent.
Giving context to the emergence of these entities in his home country, the mover of this topic, Mr Aaron Mbulakulima, Zambian Member of Parliament, CPA Zambian Branch, said the proliferation of these specialised security and military services in such an unprecedented manner and their claim to offer protection for people, property and political interests of various interests groups can be attributed to inadequate security services from various member states of the Commonwealth Parliamentary Association Africa Region. “As a result, vigilante groups and private security and military companies are gradually positioning themselves to respond to the increasing demand for private security.”
Of all, the blame for this phenomenon is attributed squarely to weak states which are major contributors to the growth of these entities in Africa. “As a result, security service providers have penetrated the continental security fronts which were previously the preserve of the state,” he said.
More critically, he reflected, “as long as weak states exist, efforts to regulate the private security sector in Africa might remain a pipe dream”.
And the lack of effective and efficient oversight and accountability of the operations of these entities has compromised their regulation and control, he observed. “Coupled with ineffective oversight and accountability, most African states also lack adequate legislative frameworks and enforcement mechanisms, which makes it difficult to identify security weaknesses.”
The only existing policy framework that seeks to curb this growing threat to the sovereignty of nation states of Africa dates back to 1977 in the form of Convention for the Elimination of Mercenaries in Africa. This convention initially ratified by the Organisation for African Unity (OAU) has now been adopted by the African Union (AU), but out of 53 African member states, only 28 had ratified it, meaning these entities remain, by and large, unregulated.
However, he was of the firm view that Parliaments of CPA Nation States have a role in ensuring that the security sector is accountable. “As democratically elected representatives of the people, we have a mandate to review the comprehensiveness of the legal framework and enact and amend laws relevant to the preservation of public order and security and the sovereignty our nation states.”
The regulation of private security is not optional, but a must, he said, and “it can take various forms including enacting legislation and setting standards related to selection, recruitment and training of private officers”.
This, he added, “to avoid liability and to ensure there is adequate background screening and good conduct among them”.
In Zambia, private security companies can only start to operate after being registered by the Patents and Companies Registration Agency, which serves “as a legal depository of information tendered for registration and the licensing of private security companies”.
In his contextualisation of the emergence of vigilantism in Zambia, he explained that when crime was on the increase in Zambia in 1985 their first president, Dr Kenneth Kaunda, took a decision to establish a vigilante system involving ordinary citizens in the fight against crime.
This move was taken as a response to the threatened state of security in their country, which was exacerbated “by insufficient police personnel”.
But a problem soon arose because most of vigilante groups “lacked adequate knowledge to distinguish between a breach of criminal law and that of morality and they soon overshadowed the work of the police. And often took the law into their hands”.
Through the establishment of legislative framework and robust parliamentary oversight, Zambia Police Act now regulates the activities of vigilante groups.
He urged other African Parliaments to “review the comprehensiveness of the legal frameworks and enact and amend laws relevant to the preservation of public order and security”.
According to him, “African Parliaments have an important role to ensure that the security sector is effective and accountable”.
Security is the responsibility of the state, and African sovereignty is priceless, this was a shared view during the debate on this topic. Once we include others who have no accountability, responsibility or owe no accountability to anyone to conduct the business of the state, African countries run a risk of breach of the law and worst of all, insecurity that could possible lead to instability if not anarchy, many delegates observed and concurred with such a view.
The need for the regulation and oversight over these entities is crucial because Africa is full of resources that are a possible target for exploitation, hence we need to improve the competency of our security forces to guard against that. And that cannot be a responsibility that is handed over to entities that don’t have the best interests of our people at heart, but driven primarily by the dictates of profit over the security of African sovereignty, and its (Africa’s) ideals of peace and security for its people.
By Abel Mputing
21 August 2018
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