Some reflections on the harmonisation of business law in Francophone Africa and constitutionalism

Author: Balingene Kahombo
Professor of Public Law and African International Relations, Faculty of Law, University of Goma (Democratic Republic of Congo)
Author: Trésor M. Makunya
Doctoral Candidate & Academic Associate, Centre for Human Rights, Faculty of Law, University of Pretoria (South Africa)

Context

The Organisation for the Harmonisation of Business Law in Africa (OHADA) is a supranational organisation established by the Treaty of Port-Louis of 17 October 1993 to standardise business legislation and regulation in Africa. It was believed that the creation of OHADA will attract foreign investors because its norms increase legal and judicial security and certainty. The imperfection, disparity and inaccessibility of existing business-related legal rules and judicial institutions were identified as major problems to address. The OHADA sought to combat the ‘backwardness’ of African business law by adopting legislation regulating different aspects of business, such as company law, simplified recovery procedures and enforcement measures, and labour law. These laws are known as uniform acts.

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A call to action: Protecting women’s rights in Sub-Saharan Africa during COVID-19 pandemic

Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar

On 31 December 2019, The World Health Organisation (WHO) was alerted to several cases of pneumonia in Wuhan City, Hubei Province of China. One week later, on 7 January 2020, Chinese authorities confirmed that they had identified a novel coronavirus as the cause of the pneumonia. Following this discovery, China witnessed unprecedented increase in morbidity and mortality rates of victims of the virus. Ultimately, the Director-General of WHO, Dr Tedros Adhanom Ghebreyesus declared the COVID-19 outbreak a public health emergency of international attention under the International Health Regulations (2005), following recommendations from the members and advisers to International Health Regulations (IHR) Emergency Committee for Pneumonia.  Although measures were taken to halt international travel the virus had already spread to other regions of the world including Africa.  According to the John Hopkins University Corona Virus Resource Center, the pandemic has had devastating effects in Europe, Asia and the Americas with mortality rate of more than 100,000 people, with a total of more than 1.7 million confirmed cases worldwide.

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