OHADA: 25 years of promoting the rule of economic law in Africa

• 17/10/2018
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Yaounde, October 17, 2018

A quarter of a century has already passed since the signing on October 17, 1993 in Port-Louis (Maurice) of the Constitution of the Organization for the Harmonization of Business Law in Africa. Twenty-five years of a conquering and successful operation, with the results paying a fair tribute to the vision of the founding fathers.

It should be recalled that OHADA was created in a context of acute economic crisis and a drastic drop in the level of investment in the Member States. Investors’ mistrust is fuelled by the observation of legal and judicial uncertainty that is harmful to the development of economic activities. As a result, OHADA has been given a clear mission: to restore through law a climate of trust conducive to investment in order to create a new development hub in Africa.

Since then, many remarkable advances have been made. The Organization’s territorial base has been expanded with the geographical area of OHADA increasing from 14 to states in Central Africa, West Africa and the Indian Ocean and new states showing increasing interest in joining.

The OHADA institutional infrastructure was enriched and strengthened during the revision of the institutional Treaty on 17 October 2008 in Quebec (Canada) . The organization’s political organs and operational institutions function almost optimally. In terms of normative production, our states now have common, modern and regularly updated rules which mean that they are frequently among the best reformers in the world in recent years. The OHADA law thus produced is widely disseminated, the Higher Regional School of Magistracy (ERSUMA) action being usefully completed on this point by various private sector initiatives. At the same time, the resolution of business disputes by judicial means is secured thanks to the unanimously acclaimed work of the Common Court of Justice and Arbitration (CCJA), while the promotion of alternative dispute resolution methods offers economic actors new areas of freedom and security.

It is therefore not surprising that the Conference of Heads of States and Government noted five years ago the important contribution of OHADA to the rationalization of the economic environment of the States Parties and reaffirmed its trust in the organization as a technical tool for the restoration of economic progress and development. Similarly, we can only be satisfied to note that the organization’s credit and influence now extend beyond the borders of the African continent.

In welcoming these achievements, OHADA is working to follow the new lines of progress that the Heads of State and Government have assigned to it on the occasion of the celebration of the organization’s 20th anniversary. In this perspective, the reform dynamic will be maintained by updating existing texts and exploring new normative fields. The operational capacity building of OHADA’s institutions will also continue and particular attention will be paid to finalizing the information process of the Trade and Personal Property Credit Register.

On these priority projects as on all others, OHADA is delighted to be able to count on the unfailing support of the member states, of the brother states and its various technical partners whose support has never been lacking. The Permanent Secretary reiterated his congratulations and called for a renewed commitment from OHADA staff who work daily to ensure the proper execution of the organization’s mission as well as the many friends of OHADA who, through their activity ensure every day in Africa and outside the African continent the influence of this integration and development tool for the African continent.

Long live OHADA and long live African unity!

The Permanent Secretary,
Prof. Dorothé C. SOSSA

www.ohada.org