The Harmonization of Business Law in Africa Is Article 42 of….pdf

Journal of African Law, 51, 1 (2007), 95–116 E School of Oriental and African Studies. | 95 doi:10.1017/S0021855306000222 Printed in the United Kingdom The Harmonization of Business Law in Africa: Is Article 42 of the OHADA Treaty a Problem? Nelson Enonchong* Abstract The primary function of the Organization for the Harmonization of Business Law in Africa (OHADA) is to modernize and harmonize the business laws of member states. The wider objective of OHADA is to attract foreign investment into the OHADA zone and to achieve economic integration in Africa as whole, as other African countries join OHADA. However, article 42 of the treaty establishing OHADA stipulates that French is the working language of the organization. This paper argues that this provision does not facilitate the goal of economic integration in Africa and that in one member state, Cameroon, article 42 presents serious constitutional and human rights difficulties. The paper suggests that article 42 should be amended in order to make it easier for key OHADA objectives to be attained and in order to remove the serious problems created in Cameroon. INTRODUCTION On 17 October 1993, 14 Central and West African countries1 signed a treaty establishing the Organization for the Harmonization of Business Law in Africa, generally referred to by its French acronym, OHADA.2 Two additional states3 have since joined OHADA. The principal objectives of OHADA are to harmonize and modernize business laws in Africa so as to facilitate commercial activity, attract foreign investment and secure economic integration in Africa. These are laudable objectives which fall within the framework of the objectives of the New Partnership for