Legal Harmonisation in Africa: Taking Stock and Moving Forward

Abstract

Despite the lofty objectives set out in the treaties of African intergovernmental organisations, such as the African Union, ECOWAS, SADC and the East African Community, legal harmonisation in Africa is still underdeveloped. Apart from a push towards harmonisation in the protection of human rights and the environment, mainly driven by a global agenda, some progress has been made with regard to legal harmonisation linked to economic integration at the sub-regional level. However, the process is slow and measures to ensure implementation of agreed norms at the national level and ensure consistent interpretation are still underdeveloped. This is illustrative of the lack of political will and the big gap between political rhetoric and reality on the African continent.

Keywords:

• African integration
• legal harmonisation
• cooperation
• African Union

Notes

¹ Bekker, Introduction to Legal Pluralism.

² Carbonara and Parisi, “The Paradox of Legal Harmonization”, 369.

³ See the article by Piana in this issue, 49.

⁴ Sturman, “The Rise of Libya”.

⁵ Fagbayibo, “Harmonisation of Laws”.

⁶ Killander and Adjolohoun, “International Law and Domestic Human Rights”.

⁷ Carbonara and Parisi, “The Paradox of Legal Harmonization”, 368.

⁸ Ladan, “Development of ECOWAS”.

⁹ Herbst, “Crafting Regional Cooperation in Africa”, 129.

¹⁰ Ibid.

¹¹ African Union, Peace and Security Council.

¹² “Sudan's Bashir Attends Kenya Constitution Ceremony”, Reuters, 27 August 2010, http://af.reuters.com/article/topNews/idAFJOE67Q04020100827.

¹³ W. Ramzi, “African Union Counter-terror Bill Endorsed by Security Experts”, Zawya, 20 December 2010, http://www.zawya.com/story.cfm/sidZAWYA20101221070201/African%20Union%20counter-terror%20bill%20endorsed%20by%20security%20experts.

¹⁴ SADC Tribunal, “Mike Campbell (Pvt) Limited and Others v Zimbabwe”.