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West African Civil Society Calls for Urgent Reform of Investment Treaties to Foster Development and Climate Justice


Accra: Civil society organisations from across West Africa have made a compelling appeal to regional governments to urgently reform existing investment treaties that are perceived to undermine national sovereignty, impede development, and exacerbate climate injustice. This call to action was highlighted in a press release issued at the conclusion of the West African Civil Society Investment Policy Forum, held in Accra from October 6 to 8, 2025.



According to Ghana News Agency, the forum, themed ‘Aligning Investment Policy Frameworks to Climate and Sustainable Development Goals,’ was hosted by ActionAid Ghana in partnership with the Centre for Research on Multinational Corporations (SOMO), the Gower Initiative for Sustainable Development, and Both ENDS. The three-day event brought together delegates from 13 countries, including Ghana, Nigeria, C´te d’Ivoire, Senegal, The Gambia, Sierra Leone, Cameroon, Uganda, Kenya, South Africa, Burkina Faso, Argentina, and The Netherlands.



During the forum, experts, researchers, and civil society representatives scrutinized more than 132 Bilateral Investment Treaties (BITs) across West Africa, focusing on their effects on development, human rights, and environmental protection. Findings indicated that many existing treaties are vestiges of colonial-era agreements that continue to favor foreign investor interests over national development goals.



Participants noted that these treaties frequently restrict African governments’ capabilities to regulate natural resource exploitation, protect public welfare, or respond effectively to crises such as climate change. It was also reported that Ghana currently leads in the sub-region with 26 active investor-state dispute cases, followed by Nigeria with 16. These disputes, often arising from poorly structured investment agreements, have cost states hundreds of millions of dollars through international arbitration, funds which could otherwise be invested in social and development projects.



A key conclusion of the forum was the lack of proven correlation between the existence of BITs and increased Foreign Direct Investment (FDI). Instead, participants argued that the agreements often burden governments with exorbitant arbitration costs, with compensation awards ranging from 100 million to one billion US dollars. They further asserted that investment treaties are not neutral but are shaped by historical power imbalances that reinforce dependency and limit African sovereignty over resources.



The forum also highlighted the ongoing inequities in the global climate agenda. Despite being among the least contributors to greenhouse gas emissions, African nations remain some of the hardest hit by climate change impacts. Participants therefore insisted that future investment frameworks incorporate climate justice principles, ensuring that resource extraction, industrialisation, and green energy transitions directly benefit African communities and economies.



In conclusion, the forum adopted a communiqu© urging governments, policymakers, and regional institutions to terminate or renegotiate outdated BITs that undermine national interests, public welfare, and environmental protection. It also called for an end to intra-African BITs and the adoption of the African Continental Free Trade Area (AfCFTA) Investment Protocol, which offers a more transparent and development-oriented investment framework.



Moreover, the participants encouraged governments to promote industrialisation and value addition in the extractive and manufacturing sectors to optimise the benefits of Africa’s natural resources. They advocated for the development of public-interest investment contract models aligned with the AfCFTA’s standards and the strengthening of domestic legal systems to enhance due diligence, combat corruption, and reduce illicit financial flows. They emphasised that all major investment contracts should be vetted by the Attorney-General’s office or its equivalent before ratification.



The forum called for stronger regional cooperation among policymakers, civil society, and intergovernmental bodies to drive reforms that promote development, gender equality, and climate resilience. ActionAid Ghana reaffirmed the commitment of civil society to champion investment frameworks that prioritize people and the planet over profit.



Participants concurred that achieving inclusive and sustainable development in Africa required bold reforms of outdated treaties and a shift toward policies that empower states to pursue sovereign, just, and climate-resilient economies. The communiqu© underscored that the success of Africa’s development agenda hinges not on the protection of foreign investors, but on the protection of citizens’ rights, environmental sustainability, and equitable economic growth.