By Eunice Masipa
The Pan African Lawyers Union’s (PALU) Annual Conference was held from 16 to 18 October 2024 in Addis Ababa, Ethiopia. Vice President of the Law Society of South Africa (LSSA), Eunice Masipa attended the conference and compiled the following report.
The event brought together over 300 participants from across the African continent and the purpose of the Annual Conference was to discuss, debate, exchange ideas and develop strong positions on how the legal profession in various sectors can benefit from, and contribute to, Africa’s development.
The theme of the conference was ‘Africa as a Global Powerhouse: Empowering Minds, Enlightening Paths’ and the theme recognised education and the empowerment of the continent’s people, as a key tool for transforming Africa into an economic, social, environmental, and geo-political stronghold in the next phase of global activities. The 2024 theme continued building on the 2023 conference theme, ‘The sovereign debt crisis in Africa: The role of the legal profession’, which identified some of the economic challenges related to debt, as well as other social and political issues hindering the continent’s situation as a global powerhouse.
The objectives of PALU include:
The conference featured several sessions, spanning across three days, aligned with the three thematic streams, namely:
At the opening ceremony, President of the Ethiopian Federal Bar Association (EFAA), Mr Tewodros Getachew, welcomed delegates to the PALU Conference, by saying that Ethiopia, as the birthplace of PALU and Pan-Africanism, has historically served as a hub for continental unity and the protection of Pan-Africanist ideals, influenced by leaders like Emperor Haile Selassie.
Mr Getachew said that PALU is a premier forum for legal professionals, PALU has expanded its membership to include over eight regional associations and 54 national bar associations, positioning itself as a significant resource for professional development across Africa. ‘We aspire to be the most influential legal body, continentally and worldwide, ensuring its presence and meaningful contributions in all African countries,’ he said.
PALU President, Kari Abdoul Bagui, said the theme of the conference raised the following questions:
He added that the Agenda 2063 and the African Union (AU) have provided a framework for transforming Africa into a dominant player on the global stage. ‘We must outline a clear strategy that aligns the vision of our leaders with the aspirations of our people, bridging gaps between the opposition and unity within Africa’, Mr Bagui said.
Mr Bagui added that members of PALU need to be sufficiently informed and equipped to advise governments on best practices in all areas of influence and technical aspect where Africa is expected to run the room. The continental legal profession is vital in assisting and advising governments. National bar associations must equip themselves with the resources and the tools they need, to remain informed advisers ready to provide appropriate advice to their governments.
Legal Counsel of the AU, Prof Hajer Gueldich, said that her keynote address highlights the pivotal role of education in driving Africa’s development. She emphasised that it extends beyond the transmission of knowledge, forming the foundation of societal transformation. She said that the AU’s vision aligned with the theme on focusing on how education can harness Africa’s youthful population and vast resources.
For Africa to become a global powerhouse, its educational systems must empower individuals to think critically, innovate, and understand legal frameworks that govern development and justice. Legal education plays a crucial role in fostering justice, accountability, and peace, she said.
Prof Gueldich said while the AU has developed numerous legal frameworks promoting peace, security, human rights, and development, the implementation thereof lags behind. The slow pace of ratification and enforcement raises legal and ethical concerns.
In discussing her recommendations, she said that a collective commitment from member states is necessary to enforce regional judicial decisions consistently, making these legal instruments impactful. There should be interdisciplinary knowledge sharing, where legal frameworks must adapt to changing realities, particularly in areas like climate justice, where legal professionals can lead efforts alongside scientists and policymakers.
Prof Gueldich said that Pan-Africanism serves as a guiding principle for legal professionals, and emphasised unity, cooperation, and shared destiny. Legal professionals have a dual responsibility, which is to uphold justice and actively shape Africa’s future by developing legal frameworks that promote social and economic development, thereby contributing to a unified and prosperous continent.
In conclusion, Prof Gueldich said that Africa’s rise as a global powerhouse depends on investments in education, the enforcement of AU legal instruments, and the empowerment of legal professionals. This collective effort will drive justice, accountability, and sustainable development across the continent.
Deputy Chairperson of the African Union Commission, Dr Monique Nsanzabaganwa, said that African democratic governance and the formal introduction of governance were primarily made after many African countries received independence from colonial powers in the mid-20th century. However, post-independence African countries came to adjust democratic governance frameworks although inspired by western models. Despite this, the initial decades of independence were marked by political instability, military coups, one party systems and the authoritarian rule African nations have come far.
Many African nations transitioned from authoritarian regimes to multiparty democracies. Countries now hold democratic elections, and democratic institutions have become institutionalised. Although the quality of democracy varies widely, Africa took on new forms and challenges post-colonisation as it builds a mix of indigenous practices with the foreign influences. Throughout the pre- and post-colonial period, it is apparent that the African continent has witnessed decades of numerous governance and human rights challenges resulting from a diverse range of factors, which include among others, slavery, colonialism, civil war, poverty, corruption, autocratic governance and exclusion of marginalised groups.
Dr Nsanzabaganwa added that the ripe time for member states to recommit themselves individually and collectively and to resolve to promote and safeguard good governance, democracy, justice, equality, and human dignity in Africa by implementing all African Union shared values, is by creating the necessary mechanism to enforce these values. She added that the AU has adopted several instruments to assist its member states to establish a common basis and support the promotion of good governance and to deepen the culture of democracy at the national level.
Dr Nsanzabaganwa said the African Union Commission will continue to promote African solutions for African problems. ‘Until the goal of silencing the guns on our beloved continent and build the Africa we want and Africa we deserve, Africans need to look ten years ahead and envision and resolve our current challenges. We need to focus on working together to build a strong powerhouse of our beloved continent. PALU continues to commit to the promotion of justice, good governance, democracy, and the rule of law,’ she said.
In his speech, Minister of Justice of the Federal Democratic Republic of Ethiopia, Dr Gedion Timothewos, said that Addis Ababa is a city which holds historical significance as the place where PALU was founded. PALU is recognised for its important role in professional development across Africa, offering advisory services to continental bodies and having observer status at both the AU and the United Nations (UN). Its contributions to treaty drafting and legal analyses have strengthened Africa’s legal landscape.
He added that Ethiopia has recently made strides in legal reform, notably the adoption of a new legal regime for legal practice and the establishment of the Ethiopian Federal Bar Association, with over 6 900 members, as a marker of progress.
Dr Timothewos said the theme of the conference, aligns with the AU’s focus on education and skills development. This underscores the critical role of education in unlocking Africa’s potential and positioning the continent as a formidable global force. The topics selected for the conference, which focus on business, legal practice, public interest, and developmental law, are seen as timely and essential for fostering economic growth and integration in Africa.
In this session, presentations were made on the Base Erosion and Profit Shifting (BEPS) Project to combat tax avoidance by multinational companies, which often exploit gaps and mismatches in international tax rules to shift profits to low or no-tax jurisdictions, undermining the integrity of tax systems globally. Though the BEPS Project represents a significant step toward improving fairness in the international tax system and preventing tax base erosion and profit shifting by multinational enterprises, the three core pillars need to be put in place to reap the benefits. The three pillars are:
Measures include country-by-country reporting, which requires multinational companies to report their activities, profits, and taxes paid in each country where they operate. This will enhance information sharing among tax authorities to better detect and prevent profit shifting.
The evolving digital economy driven by digital technologies, including Internet, means that most governments lose out on taxation. The shift is reshaping how businesses operate, how governments regulate the industries, and this has significant social, economic and policy implications.
Recommendations
As trade and investment expand on the continent, legal disputes involving foreign and local entities are becoming more common. ADR methods, such as mediation and arbitration, offer a more efficient, cost-effective, and flexible alternative to traditional litigation, especially in navigating complex multi- jurisdictional issues.
ADR provides faster, more flexible, and cost-effective solutions compared to traditional litigation, which can be lengthy and complicated due to differences in jurisdictional laws. ADR allows parties to choose neutral arbitrators with relevant expertise and ensures confidentiality, which is particularly important for preserving business relationships.
The AfCFTA agreement’s Protocol on Rules and Procedures on the Settlement of Disputes mechanism provide a streamlined and effective method for resolving intra-African commercial disputes. It seeks to foster smoother trade relationships among African nations by offering a system that is both accessible and efficient. It also seeks for neutrality and expertise where parties in dispute can choose arbitrators or mediators with specific expertise and neutrality. The mechanism also seeks to uphold confidentiality and enforceability and harmonizing of African trade. The mechanism aligns with AfCFTA’s broader goals of increasing intra-African trade by offering a trusted platform for resolving disputes, which helps to reduce trade barriers, encourage investment, and promote economic integration.
Challenges
Recommendations
This session focussed on gender, climate change and adaptive capacity, which are intertwined as poor and marginalised men and women, face multiple and complex challenges. Climate change exacerbates these challenges and threatens to undermine development gains made so far. Unequal distribution of resources and power imbalances are both underlying causes of poverty and impact on people’s ability to adapt.
The different roles of men and women give them different knowledge, priorities, and concerns about climate change. Adaptation interventions are most often based on the belief that women’s role in the home makes them crucial agents of change, hence the interest they generate in adaptation interventions.
Challenges
Recommendations
This session explored the critical role of legal frameworks in promoting cross-border financial activities across Africa. It highlighted how robust legal strategies can enhance cross-border banking and investment, facilitating economic growth and regional integration.
The legal landscape of banking in Africa is shaped by the diverse legal traditions across the continent, with French-speaking nations largely following civil law and English-speaking countries adhering to common law. Roman-Dutch law also influences southern Africa. This diversity presents both challenges and opportunities for harmonising commercial, corporate, and insolvency law, which are crucial for facilitating cross-border transactions.
Transactional banking that involves payments, trade finance, and risk management, are crucial for facilitating trade across borders, often through collaboration with local partners.
Legal frameworks like public-private partnerships help facilitate funding for projects, though securities and government guarantees vary across countries. Cross-border banking and investment are key drivers of Africa’s economic transformation. In many countries, like the DRC, the banking sector is dominated by commercial banks, while investment banks are largely absent, limiting the ability to finance large-scale, growth-oriented projects. Cross-border banks have the potential to enhance economic stability and development by facilitating seamless transactions and fostering investments. These banks can improve the standards of local financial institutions and contribute to regional prosperity.
Challenges
Recommendations
In this session on the protocol, it was stated that AfCFTA, is a major initiative aimed at boosting intra-African trade by reducing tariffs and fostering the free movement of goods and services across the continent. The AfCFTA Investment Protocol focuses on sustainable development, investment protection, and digital trade. The goal of the protocol is to create a secure, predictable environment for both local and foreign investors, thereby driving economic growth in Africa.
Key components of the protocol include:
The AfCFTA investment protocol’s focus on introducing direct obligations for investors aims to build trust between governments and investors. This structured framework is designed to promote ethical investment practices and create a reliable investment climate across African markets.
Challenge
The main challenge is investor protections. The importance of lender requirements, such as sovereign guarantees, and comprehensive political risk assessments for infrastructure investments. While Ethiopia faces challenges in securing capital, it is innovating to enhance its investment climate.
Recommendations
During this session, the question asked was: What is the status of public debt in Africa and what are the basic drivers of in indebtedness facing the continent?
As many African nations grapple with rising debt levels, effective legal structures provide the foundation for sound fiscal governance. In assessing debt levels in Africa, key metrics like the GDP-to-debt ratio and the export-to-debt servicing ratio are critical for understanding financial health. Many countries, including Zambia, Kenya, Nigeria, Ghana, and Chad, face significant debt challenges, with high debt servicing costs straining government budgets.
Transparency remains a significant issue, with many countries not disclosing the terms of their debt arrangements. The differences in transparency between loans from entities like China and the International Monetary Fund (IMF) further complicate accountability.
Legal professionals play a crucial role in enhancing accountability and it is essential for lawyers to engage actively in legislative processes to ensure laws are effective and promote responsible governance. There are ethical considerations, as well regarding creditors who lend with awareness of potential mismanagement, raising questions about accountability in lending practices.
Parliamentary involvement will ensure that elected representatives play an active role in the borrowing process. They should also ensure that funds are used efficiently and effectively and that the government is held accountable for its financial decisions.
Comprehensive public debt management laws should include:
Recommendations
The implementation of decisions, judgments, and measures related to women’s economic rights within the African human rights system is a critical area of focus for promoting gender equality across the continent. These frameworks emphasise the obligation of states to eliminate discrimination and promote women’s access to economic resources. Landmark judgments have highlighted issues like property rights, access to credit, and employment discrimination, setting precedents for advancing women’s economic empowerment. Implementation mechanisms require states to be accountable for adhering to decisions made by human rights bodies. This includes regular reporting, compliance with rulings, and taking concrete actions to rectify violations of women’s economic rights. Despite existing frameworks and judicial decisions, challenges persist, including inadequate enforcement, cultural barriers, and limited awareness of women’s rights. Efforts must be intensified to address these obstacles through education, advocacy, and community engagement.
This session explored the intersection of economic justice and gender equality from an African feminist’s viewpoint. This approach emphasises the need to centre women’s rights in economic policies and development strategies, advocating for systemic change that addresses the structural inequalities women face in Africa.
African feminism emphasises the importance of collective organising and grassroots movements to advocate for women’s rights. Economic justice, from this perspective, is not only about individual advancement but about structural change that benefits all women. Integration of a human rights framework in addressing economic justice, emphasising that women’s economic empowerment is inseparable from their basic human rights. This includes rights to education, health, land ownership, and labour protection.
Recommendations
Building authentic partnerships among stakeholders is crucial in advancing gender equality in law. It is essential that these partnerships are not only formed but are also active and result-oriented, ensuring that commitments lead to tangible outcomes. Building networks among various stakeholders, including bar associations, legal professionals, and community organisations, is crucial for fostering collaboration and promoting gender equality. Strategies should focus on inclusivity, ensuring that young professionals are actively involved in leadership roles and decision-making processes.
Data is a powerful tool in highlighting inequalities and driving change. Research involving interviews with 590 women reveals a stark reality: Harassment is pervasive, underscoring the need for data-driven campaigns that focus on accountability and victim support. This leads to evidence-based decisions and policies. The role of law firms is vital in promoting gender equality. Lawyers and legal institutions must actively challenge biases and ensure that women are not sidelined in legal processes. By placing gender equality at the forefront, the legal profession can influence broader societal norms.
The normalization of harassment must be urgently addressed. It is imperative to create an environment where harassment is recognised and actively addressed, rather than accepted as a norm. Campaigns must focus on changing perceptions and fostering a culture of respect.
The establishment of bar associations and focused lawyer networks can lead to collaborative efforts that address thematic issues, ensuring that gender equality becomes an integral part of legal practice and reform. The role of law firms which are starting to establish is to promote gender equality and foster leadership in the legal fraternity for women.
Male allies are actively engaged in a learning journey to understand and promote gender equality. They recognise their responsibility and are committed to improving their awareness of gender issues, advocating for change in their communities and workplaces. As supporters and enablers, male allies strive to stand alongside women without overwhelming them. Their role is to uplift and amplify women’s voices, creating an environment where gender equality can thrive without overshadowing the contributions of women.
The Maputo Protocol, adopted in 2003, serves as a comprehensive framework for gender equality across Africa. Its full ratification represents a significant achievement, encouraging member states to implement measures that support women’s rights and participation in all aspects of society.
Bar associations are tasked with designing and implementing gender-sensitive policies that address the unique challenges faced by women in the legal profession, ensuring a more inclusive environment. Women advocates within bar associations are instrumental in initiating policy and law reforms that seek to rectify gender imbalances, contributing to legislative changes that support women’s rights. Women are often relegated to subordinate roles, such as treasurers, rather than being placed in apex leadership positions, which are crucial for higher opportunities and influence. Achieving a balanced leadership structure (50:50 representation) is essential for both qualitative and quantitative progress.
Recommendations
The Malabo Protocol seeks to establish the African Court of Justice and Human and Peoples’ Rights, which will have jurisdiction over international crimes, in addition to a human and peoples’ rights jurisdiction and jurisdiction over interpretation of the Constitutive Act of the African Union.
African citizens including lawyers and various bar associations need to embrace the potential of the Malabo Protocol to transform Africa’s response to international crimes. There is need to create synergies among African bar associations and civil society groups for the purpose of collaborating in raising awareness about the protocol and sharing experiences and crafting strategies to promote ratification.
Key features of the Malabo Protocol
The Malabo Protocol has yet to come into force, as it requires ratification by at least 15 AU member states. While it presents an ambitious framework for handling African legal matters independently, it also faces challenges, particularly around concerns about the immunity provisions and its interaction with the ICC.
Public interest litigation has emerged as a powerful tool for promoting socio-economic justice and holding governments accountable, and by challenging government policies and actions in the legal system, public interest litigation addresses various issues, including taxation, economic justice, environmental protection, and human rights.
Despite its advancements in ensuring socio-economic justice, litigators engaging in public interest litigation face significant challenges. One major challenge is the increasing resistance from governments, which often oppose public interest litigation efforts using various tactics to undermine the legal process and discourage activists. These tactics may include delaying court proceedings, intimidating litigants, and enacting laws that restrict the scope of public interest litigation. Such delays can strain the resources of litigators, many of whom operate with limited funding and staffing. Public interest litigation can be resource-intensive, making it difficult for legal practitioners to pursue complex cases and effectively counter government resistance.
In addition to resource constraints and governmental opposition, litigators also struggle with a lack of public support. The success of public interest litigation often hinges on public awareness and backing. Without this support, it becomes challenging to maintain momentum and achieve favourable outcomes. Cases that contradict public perception are particularly difficult, as the government frequently uses public opinion as leverage to disincentivize support for litigation.
Recommendations
Extractives, such as minerals, oil, and gas, play a crucial role in many African economies, contributing significantly to export earnings and economic growth. However, the exploitation of these resources is often associated with illicit financial flows, which can undermine development and perpetuate poverty.
Several factors contribute to illicit financial flows in the extractives sector, such as:
Recommendations
By addressing these challenges and implementing effective measures, African countries can harness the potential of their natural resources for sustainable development and improve the lives of their citizens. This requires a concerted effort from all stakeholders, including the governments, civil society organisations, the private sector, and international partners.
The concept of reparations for historical injustices in Africa, particularly those related to slavery and colonialism, is gaining traction. However, significant challenges remain, including the absence of a legal framework, international pressure, and internal divisions.
It is essential to develop a comprehensive strategy that includes legal frameworks, regional cooperation, international advocacy, public awareness, civil society empowerment, and the resolution of underlying causes.
By adopting a holistic approach, Africa can seek justice for historical wrongs and strive for a more equitable future.
Currently, the AU has initiated efforts to confront the issue of reparations for crimes committed during slavery and colonialism. The AU heads of state have made decisions and declarations aimed at establishing a unified position and actionable program regarding reparations in Africa via the African Common Position on Reparations.
These efforts also include the formation of an African Committee of Experts tasked with developing a program of action and a collective stance, as well as enhancing cooperation with the diaspora community.
A significant challenge in implementing reparations for historical injustices in Africa lies in the differing perspectives between the diaspora and those on the continent. While both groups share a common history of oppression, their experiences and priorities may vary. To bridge these differences, it is essential to foster open dialogue by creating platforms for honest discussions that promote mutual understanding.
Additionally, identifying shared goals through the AU can clarify the type of reparations needed and highlight the disparities in perceptions between the diaspora and those on the continent. This process allows for the establishment of common objectives, such as justice, reconciliation, and equitable development.
Recommendations
The main conclusion for the conference emphasised the role of lawyers in Africa. Lawyers are crucial in advocating for change and establishing legal frameworks that suit Africa’s context. Their responsibilities include advising revenue authorities for better tax compliance, educating civil society organisations on legal instruments, and engaging with parliamentarians to enhance tax capacity.
PALU supports these efforts by strengthening members’ understanding of international, regional, sub-regional and national legal frameworks.
Addressing gender dimensions in climate change requires integrating gender-sensitive analyses into policies, ensuring women’s participation in decision-making, and highlighting their leadership roles. Raising awareness and building women’s capacities on climate issues is vital for creating equitable and sustainable solutions tailored to the unique contexts of African communities.
Capacity building is key in enhancing the operations of PALU and the legal fraternity in Africa. There are emerging trends in technology, new forms of violations and crimes especially crimes related to the Internet. This conference gave the participants a great opportunity to learn, network and form partnerships. The participants’ main role is to have a plan in their different law firms and other organisations to implement the recommendations in this conference and gear towards the next conference.
See also:
Eunice Masipa LLB (UL) is Vice President of the Law Society of South Africa.
This article was first published in De Rebus in 2025 (Jan/Feb) DR 16.