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Africa on cusp of new legal order – author

Publish date: 16 July 2018
Issue Number: 782
Diary: IBA Legalbrief Africa
Category: Labour

Africa is on the cusp of a new continental legal order, Femi Amao argues in his forthcoming book, African Union Law. It’s evolving slowly but there are early signs that it’s showing traits similar to the development of EU law. In an interview with The Conversation, Amao notes that the formation of the AU in 2002 formally marked the beginnings of continental legal order because, unlike the Organisation of African Unity, it was formed by a Constitutive Act – a recognised social contract and legal code that now underpins the continental legal order. ‘This development means that we now have the prerequisite framework for a continent-wide legal order. It’s acknowledged that the legal order is in its infancy and there’s a long way to go. Even though the AU has made significant progress in meeting its ambitious goal of political integration, African leaders are aware of the need for further reform,’ he says. Amao argues that the design of AU institutions is broadly similar to that of the EU with comparable institutions. For example, the powers and jurisdiction of the African Court of Justice and Human Rights and that of the European Court of Justice are broadly similar. Also, the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights have increasingly made reference to the European jurisprudence in their case law. ‘The emergent AU law is seen as distinct and separate from international law and the domestic laws of member states. EU law is now seen as a ‘’supranational law’’ – beyond individual nation states. It’s arguable that, with time, AU law will evolve to the same level.’

Full interview in The Conversation

Also positive about developments within the AU is SA’s Minister of International Relations and Cooperation, Lindiwe Sisulu. She notes in a City Press article that the recent AU summit, held in Nouakchott, Mauritania, took several important decisions that will place the continent on a path to rapid growth and stability, as envisioned in the AU’s long-term vision document, Agenda 2063, a strategic framework for the socioeconomic transformation of the continent up to the year 2063, the centenary year of the founding of the AU’s predecessor, the Organisation of African Unity. ‘The Africa Rising narrative has never been more evident than now with the AU’s collective commitment to the implementation of the African Continental Free Trade Area Agreement, which will have a far-reaching impact on the African economies and significantly increase intra-Africa trade, investment and infrastructure development,’ Sisulu writes. To date, 49 of the 55 member states of the AU have signed the agreement, while six countries have ratified the agreement. Another landmark resolution adopted at the summit with a view to enhancing Africa’s economic development, trade and investment, is the establishment of the AU Development Agency, Sisulu notes. ‘The AU Summit adopted two very important resolutions on the AU’s Agenda 2063 Flagship Project on ‘‘Silencing the Guns in Africa by 2020’’. First, member states were urged to mark September as Africa Amnesty Month by mobilising citizens to voluntarily surrender illegally owned weapons. Second, member states were called on to submit reports on their efforts to implement the AU master roadmap on practical steps to silence the guns in Africa by 2020.’

Full article on the City Press site

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