The Ministers of the 44th Session of the Council of Ministers of Ohada with Dorothé Cossi Sossa, Permanent Secretary of Ohada
In February 2017, with a view to participate in the future recast of the Uniform Act Organizing Simplified Recovery Procedures and Measures of Execution, the UIHJ sent a letter to Dorothé Cossi Sossa, Permanent Secretary of Ohada. The letter included a request for an admission as a technical partner, thus enabling the UIHJ to participate in the work of the Committee of Experts of Ohada as an observer.
In order to submit this request, the Permanent Secretariat invited the UIHJ to participate in his 44th Council of Ministers of Ohada, preceded by its meeting of the Committee of Experts. Vice-president André-Sama Botcho and Secretary General Mathieu Chardon were in attendance as UIHJ representatives.
The meeting of the Committee of Experts took place on 5 and 6 June 2017. Cheikh Sako, Minister of Justice, Keeper of the Seals of the Republic of Guinea, President-in-Office of the Council of the Ministers of Ohada chaired the opening ceremony.
Pierre Lamah, Chair of the Committee of Experts of Ohada, welcomed everyone. He recalled that Guinea is chairing for the first time the rotating presidency of Ohada and its Council of Ministers. He assured that his country was more than ever determined to play an active and effective role in Ohada.
Dorothé Cossi Sossa expressed the appreciation of Ohada's institutions to Professor Alpha Condé, President of the Republic of Guinea, for his support of Ohada's actions. He thanked the Chair of the Committee of Experts of Ohada and its members. He talked about current and future work. He recalled the important role of the Committee of Experts in making recommendations to the attention of the Ministers of the Ohada States Parties. He particularly welcomed Ohada's Technical and Financial Partners (TFP).
Cheik Sakho, greeted all the participants to the meeting. He explained that Conakry is both the capital of Guinea and the capital of Africa since President Alpha Condé's recent election at the head the African Union. He observed that the members of the Committee of Experts were called upon to put their science at the service of the community to assist the meeting of the Council of Ministers. He referred to the various projects, particularly the one relating to accountancy, considering that the result achieved was up to the expectations, and that a legal gap had been filled by providing a legal basis to the services of the accountants.
Many item were on the agenda. With regard to the future recast of the Uniform Act on Enforcement, Professor Cossi Sossa recalled that, at its meeting of 10-12 June 2015 in Yamoussoukro (Ivory Coast), the Council of Ministers of Ohada asked him to conduct an assessment study to evaluate the application of this Uniform Act with a view to improving the legal framework for the recovery of debts and Enforcement. He added that he was waiting for the necessary means to this end and foresaw the beginning of the process for the second half of 2017.
During the meeting, André Sama Botcho and Mathieu Chardon had the opportunity to present the UIHJ to the Committee of Experts and the TFS and explain the request of the UIHJ. At the end of the proceedings, Pierre Lamah read out the report of the Committee of Experts to the Council of Ministers, which was then adopted by the Committee.
On 7 June, a TFS meeting was held, led by Mr Cossi Sossa. This meeting allowed everyone to express their views and discuss current projects, in order to better prepare the next day's meeting, especially with regard to speeches.
The 44th Council of Ministers of Ohada was held on 8 and 9 June. The official opening ceremony was chaired by Cheikh Sako, together with Mamady Youla, Prime Minister of the Republic of Guinea, Malado Kaba, Minister of Economy and Finance of the Republic of Guinea, and Dorothé Cossi Sossa.
The representative of the Governor of Conakry gave a welcome speech. Then Dorothé Cossi Sossa restated the deep appreciation of the Ohada institution and bodies for his Excellency, Professor Alpha Condé, President of the Republic of Guinea, for his availability and exemplary support for Ohada's actions. He also expressed his gratitude to the Prime Minister of the Republic of Guinea for agreeing to come in person to conduct the opening ceremony. He thanked the President of the Council of Ministers and all the ministers present as well as the participants. He referred once again to the Ohada's current and future work. This work includes the recast of the Uniform Act on the Law of Arbitration in connection with commercial mediation, the arbitration of the Joint Court of Justice and Arbitration (CCJA), the initiation of the recast of the Uniform Act on enforcement procedures and the development of a Uniform Act on factoring.
He recalled the purpose of the Ohada and its importance for the harmonisation of business law in Africa, a source of legal security favourable to investment and allowing sustainable development. "Thanks to our legal reforms, some countries in our community are now ranked among the world's greatest reformers, according to the Doing Business Report", said the Permanent Secretary of Ohada.
He concluded his address by sending his sincere thanks to the TFP. They included the French Republic, the International Organization of Francophonie, the World Bank Group, the African Development Bank Group, the United Nations Commission on International Trade Law (Uncitral), the Bank of Central African States, the Banking Commission of Central Africa, the Central Bank of West African States, the Development Bank of Central African States, Juriscope and Unida.
Mamady Youla greeted then the participants. He assured that Guinea, guided by its president, Alpha Condé, was particularly pleased to welcome for the first time a Council of Ministers of Ohada. He recalled the importance of the organisation for Guinea, especially in 2017 when the African Union is chaired by Alpha Condé, a "convinced pan Africanist". "Ohada is undoubtedly a key actor of development of Africa", said the Prime Minister, drawing on recent economic studies. "The advances are likely to restore the trust of investors and stimulate growth, the basis of any development," he continued. He felt that Africa could legitimately be proud of its model of legal integration whose originality and attractiveness are now established. After more words of thanks, he declared open the 44th Session of the Council of Ministers of Ohada.
After Pierre Lamah had read the report of the Committee of Experts, the PTS who wished to speak did take the floor. On behalf of the UIHJ, Mathieu Chardon presented the greetings and thanks of Françoise Andrieux, President of the UIHJ. He observed that the 8th June 2017, day of the 44th Session of the Council of Ministers of Ohada, coincided with the 10th World Day of the Judicial Officer, which he saw as a favourable sign.
He then recalled the role of the UIHJ, specifying that as of 1st January 2017, the UIHJ counts 91 members or organizations associated by cooperation agreements in 88 countries, including 28 in Africa, among which 12 Ohada States parties: Benin, Burkina Faso, Cameroon, Chad, Congo, Gabon, Guinea, Ivory Coast, Mali, Niger, Senegal, Togo.
The Secretary General of the UIHJ spoke about the creation of Ufohja (Training Unit of the African Judicial Officers) almost twenty years ago which will give in Yaoundé in July 2017 its 33rd training seminar. "In 20 years, the UIHJ and its African and European experts have acquired a great theoretical and practical experience in countries on the operation of this Uniform Act which has considerably strengthened the enforcement of judicial decisions in Ohada countries, boosting investors' trust ".
He assured the Council of Ministers of Ohada that, based on their experiences that highlighted its great qualities, but also its difficulties of application, the judicial officers of the Ohada area are ready to take up the challenge of the recast of the Uniform Act on Enforcement.
Recalling that the UIHJ has extensive experience in the field of judicial cooperation, whether with institutions and international organizations or directly with countries, especially when it comes to reforms relating to the profession of judicial officers and civil enforcement procedures, he indicated that the UIHJ had taken part to this day to more than two hundred projects and missions.
Mathieu Chardon also mentioned, on the one hand, the Global Code of Enforcement recognised as a founding document in international private law by all major international organizations and institutions and, on the other hand, the Grand Questionnaire of the UIHJ which allowed publishing in 2016 of the first Report on Enforcement in Africa.
He reiterated the request of the UIHJ to be admitted to the rank of technical partners of Ohada. He then concluded by officially and solemnly announcing that the UIHJ, together with its experts and professional organizations of African judicial officers from Ohada, wished to take part in the process of revision of the Uniform Act on Enforcement. To this end, he announced that the UIHJ was already at the disposal of the Ohada to consider any possibility of partnership to ensure the reform to be a success.
The Council of Ministers then proceeded behind closed doors. At the closing session, the admission of the UIHJ as technical partner of the Ohada was confirmed, allowing it to follow the work of the Committee of Experts of Ohada and thus participate in the destiny of Ohada. The UIHJ welcomes this considerable progress in the field of international cooperation and is pleased to continue its excellent relations with Ohada.
During their stay in Conakry, the representatives of the UIHJ visited Saidouba Kissing Camara, President of the National Chamber of Judicial Officers of Guinea. The latter congratulated them for their actions and assured the total support of the judicial officers of Guinea in the UIHJ projects in Africa.
The UIHJ finally congratulates the African Commission of the International Union of Notaries, which had submitted an identical request to that of the UIHJ and which had also the pleasure of being admitted as technical partner. It is particularly good news that two legal professions as important as those of judicial officer and notary can take part in the future of Ohada.
