The Ministry of Foreign Affairs in collaboration with the United Nations Commission on International Trade Law (UNCITRAL) is convening a three-day meeting of the Working Group III (WGIII) on Investor-State and Dispute Settlement from Monday 17th March to Wednesday 19th March, 2025 at the African Continental Free Trade Area Secretariat (AfCFTA), Accra.
The main objectives of the meeting include, among others, harmonizing the Africa Group’s position on key issues under negotiation in UNCITRAL WGIII, fostering collaboration among member states, and enhancing capacity building and knowledge sharing among African stakeholders regarding Investor-State Dispute Settlement (ISDS) reforms and related legal frameworks.
Speaking at the event, Ghana’s Permanent Representative of o the United Nations offices in Vienna, Ambassador Matilda Aku Alomatu Osei-Agyeman extended her deepest appreciation to the Chief Director of the Ministry of Foreign Affairs and the partners of the programme including the UNICITRAL Secretariat, the AfCFTA Secretariat and the Commonwealth Secretariat for their unwavering commitment, collaboration and dedication to Africa’s development. She indicated that Ghana would persistently advocate for African involvement in international investment law and dispute resolution. “This initiation would provide the much-needed legal and technical support to African countries ensuring they are well-equipped to handle ISDS cases effectively’’, she added.
The Representative of the Secretary-General of the African Continental Free Trade Area and Senior investment Expert, Ms. Roslyn Ng’eno, stated that the UNCITRAL Working Group III has played a crucial role in discussions on reforming the Investor-State Dispute Settlement ( ISDS) system, which already faces significant challenges, including transparency issues, concerns about arbitrator independence, contradictory rulings, and limited African representation. She indicated that over the past decade, African nations have led regional, subregional and national legal reforms to strengthen their position in the global investment system.
In her remarks, the UNCITRAL Secretary, Ms. Anna Joubin-Bret, recounted the inaugural and most recent UNCITRAL Days in Africa, held in 2023 in Accra, and their contribution to the modernization and harmonization of the international commercial law framework in the context of the AfCFTA. She expressed anticipation for the meeting to serve as an avenue through which the African group can effectively collaborate.
Delivering the keynote address on behalf of the Minister for Foreign Affairs, the Chief Director of the Ministry, Ambassador Ramses Joseph Cleland stated that the meeting in Accra reaffirms Africa’s commitment to shaping a fair and transparent international investment dispute settlement system that aligns with the continent’s economic development goals.
He noted that Ghana has been a key advocate in UNCITRAL’s Working Group III, ensuring that ISDS reforms address the concerns of African and developing nations.
He reiterated Ghana’s long-standing contributions to the advocacy for a fair and balanced international investment dispute system that aligns with Africa’s economic development and aspirations.
He also announced Ghana’s pursuit of the opportunity to host the Advisory Centre on International Investment Law. He mentioned that hosting the Centre in Accra would create seamless synergies between the AFCFTA Secretariat and provide African countries with essential institutional mechanisms to enhance legal frameworks for handling ISDS cases.
Overall, the three-day meeting is poised to strengthen the Africa Group’s coordination and consensus-building efforts in UNCITRAL WGIII, ensuring that its collective positions are effectively coordinated and presented during these negotiations to advance the continent’s shared development objectives.