Municipal Policing : Practical Operational Modalities

In a bid to address issues relating to urban disorder at the Council or City Council levels, the President of the Republic on August 9, 2022 signed a decree laying down conditions for municipal policing. The presidential decree comes as a remedy to the cacophony that existed in these areas, given that agents responsible for such duties did not have a clearly defined manner of operation and training. As such, the decree highlights the conditions for the establishment of a municipal police service, organisation and functioning and the necessary resources. 

Creation
Article 7 of the August 2022 decree states that the establishment of a municipal police service shall be authorised by resolution of the municipal council which shall determine the powers, resources and operating rules thereof. The said resolution transmitted by the representative of the State, shall be submitted to the Minister in charge of regional and local authorities for prior approval. In areas that have upgraded to City Councils, the municipal police service shall be provided either by employees of the City Council or by those of the district Council. Conflicts between the municipal police services of the City Council and district Councils arising from the performance of their activities, shall be referred to the competent territory’s Senior Divisional Officer for arbitration and, in case of non-conciliation, to the Minister in charge of regional and local authorities. 

Organisation, Functioning 
According to the Presidential decree, the municipal police service shall be organised in accordance with the approved organisation charts and the specificities of each Council. More specifically, municipal police shall include subdivisions responsible for hygiene and sanitation, risk prevention, protection of the environment and the health of the population, as well as public assistance. The Head of the municipal police service is expected, as stated in the decree, to present a daily report to the Mayor on their activities, which should be carried out with respect of the rights and freedoms of the population and the regulations in force. Article 14 of the August 9, 2022 decree further notes that where the nature of their intervention and circumstances so warrant, municipal police officers may be authorised to exercise coercion only on goods, upon a reasoned request from the Mayor to the competent administrative authority. In the case of a special event or a natural disaster, the Mayors of neighbouring Councils may be authorised to jointly use all or part of the human and logistic resources of their municipal police services on the territory of one or more Councils for a specif...