COMESA concerned by slow ratification of legal instruments


 

The slow pace of signing and ratifying COMESA’s legal instruments has hindered progress in advancing the region’s integration agenda.

This delay prevents Member States from realizing the full benefits embedded in these instruments, which remain ineffective until ratified.

Addressing the 27th Meeting of COMESA Ministers of Justice and Attorneys General in Lusaka on 21 November 2024, Zambia’s Minister of Justice, Princess Kasune, highlighted this issue.

She noted that COMESA has adopted numerous legal instruments and protocols over the years, but many remain undomesticated at the national level.

A key example is the COMESA Protocol on Free Movement, which has been open for signatures and ratifications for over 20 years without significant progress.

“I would like to personally call upon all COMESA Member States to ensure that legal instruments and decisions requiring domestication or ratification at the national level are prioritized and fully implemented,” Minister Kasune urged.

COMESA Secretary General Chileshe Kapwepwe echoed similar concerns, emphasizing the need for swift action to overcome delays in the domestication process. She announced that legal experts from the COMESA Secretariat would conduct country visits to identify and address challenges faced by Member States.

“Immediately after the conclusion of this meeting, the Legal and Corporate Affairs Division will engage Member States through country visits to promote the domestication of COMESA’s legal instruments,” she stated.

The Secretary General also called on Ministers and Attorneys General to support the Secretariat’s efforts and provide guidance on accelerating the implementation of these instruments.

The meeting agenda included the review and approval of legal instruments for key COMESA institutions such as the COMESA Court of Justice, the COMESA Competition Commission, and the COMESA Regional Investment Agency.

Justice Lombe Chibesakunda, Judge/President of the COMESA Court of Justice, highlighted the Court’s achievements during her address. Over the past decade, the Court has developed and revised several legal instruments to enhance its operational efficiency.

These include: Rules of Procedure, Arbitration Rules, Financial Rules and Procedures, Procurement Procedure Manual (2022) and Resource Mobilization and Communication Strategies.

“As the tenure of the current Judges concludes in June 2025, this is the last meeting I will attend as Judge-President. I am proud that, with your support, the Court has achieved significant milestones,” Justice Chibesakunda remarked.

The meeting underscored the urgent need for Member States to take ownership of COMESA’s integration agenda by speeding up the domestication and ratification of legal instruments.

 Ministers and Attorneys General were encouraged to champion these efforts within their respective countries to unlock the full potential of regional integration.

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