University of Goma/Kivu (DRC) OHADA Club Science Day, 17 September 2022
Press release of the OHADA Club of the University of Goma
A review and biopsy of the implementation of OHADA community standards in light of 10 years of KDR membership in this integration space. Current status and prospects
1. Background and justification
The establishment of OHADA was a response to an economic imperative in the context of the general recession of the continent’s economies: to restore the climate of confidence leading to investment, to make markets more attractive, companies more competitive, thus creating a new pole of development in Africa. To achieve this goal, it was necessary to introduce a harmonized, simple, modern commercial law adapted to the situation of African economies, accompanied by an improved system of commercial dispute resolution.
To fulfill the mission assigned to it by African heads of state, OHADA has acquired operational institutions over the past two decades, the framework of which was strengthened during the revision of the Constitutional Treaty on 17 October 2008. As for the normative arsenal, it now has ten uniform laws, some of which have already have been updated to take into account the requirements of international trade. New areas and techniques of legal harmonization are being explored in order to offer an even more appropriate response to the legal needs of economic entities.
On February 5, 2010, the Congolese Supreme Court, which sat in cases of unconstitutionality, declared compliance with the constitution of the Treaty of the Organization for the Harmonization of Commercial Law in Africa, better known under the abbreviation OHADA. At the same time, on February 11, 2010, a law authorizing membership in OHADA was promulgated, and subsequently, on July 13, 2012, the accession documents of the DRC were deposited with the government of the state depository of the Treaty of Port Louis, Senegal. Two months after the deposit of these documents, i.e. on September 12, 2012, the contract and the unified acts attached to it entered into force in the DRC. Thus, September 12, 2012 is the date chosen on the basis of Article 52 of the OHADA Treaty for the entry into force of the OHADA in the DRC.
It is in this perspective and on the occasion of the tenth anniversary of the DRC’s entry into OHADA that the OHADA Club of the University of Goma proposed to organize a scientific day on September 17, 2022. “Effectiveness of the OHADA Act” while it is understood that the said right is widely applied in the member countries of the Port-Louis Treaty, of which the DRC is an integral part.
- Moderator: PhD student Diane Gakuru
- the teacher Phidias Senga – Presentation of the philosophy of reflection of the scientific day
- graduate student Eric KATUSELE BAYONGI – Conflict of laws and jurisdictions in the OHADA area
- Head of work Advantage of UWIMANA – OHADA law and Congolese mining law
- assistant MBAZI Grace Beda – OHADA’s criminal law, the myth of Sisyphus: How is its legal certainty 10 years after the DRC’s accession to OHADA?
- assistant Franck SHUKURU – Freedom of expression on the temporary exercise of rights and ordered in light of the DRC’s accession to OHADA
The day ended after a discussion with the participants.
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