Commonwealth Investment Experts Group Meeting for African region

A Commonwealth Investment Experts Group Meeting for African region was convened at the Hotel Africana in Kampala, Uganda, 20 – 21 October 2011.

The objective of the meeting was to review and provide feedback on the practical relevance of the draft Commonwealth Investment Guide and also to facilitate an exchange of experience amongst trade and investment negotiators from the region on pertinent policy concerns, which impact them in this regard whilst formulating or negotiating bilateral investment treaties, economic partnership agreements, investment provisions in preferential trading agreements and other international economic agreements relating to investment.

DAY 1: THURSDAY 20^TH OCTOBER

9.00am Welcome/Introductory Remarks

Commonwealth Secretariat

9.15am Session 1: Presentation of Country Reports by Participants

Presentation by Lesotho - Tsireletso Mojela - Lesotho IEG Presentation

Presentation by Mauritius - Kevin Bessoondyal - Mauritius IEG Presentation

Presentation by Mozambique - Nuno Maposse - Mozambique IEG Presentation

Presentation by Zambia - Amos Mumba - Zambia IEG Presentation

10.30am COFFEE BREAK

10.45am Session 2: Exchange of Experience: Regional representatives

Presentation by CARICOM Secretariat - Dr. Chantal Ononaiwu - CARICOM IEG Presentation

Presentation by COMESA Secretariat - Thierry Mutombo - COMESA IEG Presentation

12.00pm Session 3: Draft Investment Guide: An Overview

Prof. Anthony VanDuzer, of the University of Ottawa

20-21 Oct IEG Presentation_A

1.00pm LUNCH BREAK

2.00pm Session 3: Presentation of Issues Arising from the Draft Investment Agreement Framework, Open Discussions and Country Interventions

Presentation by Prof. Anthony VanDuzer, Prof. Penelope Simons and Prof. Graham Mayeda of the University of Ottawa, Canada

• Approach
• Framework Agreement based on Sustainable Development
• Scope
• Definition of investment
• Intellectual property
• Definition of investor and the issue of treaty shopping

 20-21 Oct IEG Presentation_B

3.00pm COFFEE BREAK

3.30pm Continuation of Session 3

• Substantive Standards of Investor Protection by host states
• National treatment and MFN
• Minimum standard of treatment
• Prohibition on expropriation without compensation
• Reservations, exceptions and the right to regulate

 20-21 Oct IEG Presentation C

5.00pm End

DAY 2: FRIDAY 21^ST OCTOBER

9.00am Continuation of Session 3

• Environmental and Social Assessment Provisions
• Reliance on best available standards
• Grievance procedure

 20-21 Oct IEG Presentation D

• Standards for Investors
• Substantive standards
• Human rights
• Labour standards
• Bribery and corruption

20-21 Oct IEG Presentation E

10.30am COFFEE BREAK

10.45am Continuation of Session 3

• Civil enforcement of standards for investors in host and home states
• Liability of parent corporations in “common enterprise” with local entity in host state
• Criminal enforcement in host and home states

20-21 Oct IEG Presentation F

• Dispute settlement
• Access for states or interested parties to initiate claims in investor-state proceedings
• Exhaustion of local remedies
• Appellate body

20-21 Oct IEG Presentation G

1.00pm LUNCH BREAK

2.00pm Continuation of Session 3

• Investment promotion and technical assistance
• Presentation of Investment Agreement Framework
• Level of technical detail

20-21 Oct IEG Presentation H

3.30pm COFFEE BREAK

3.45pm Session 4: Presentation on the Critical Importance of Gender Responsive Investment for Sustainable Development

Presentation by Sarah Kitakule, Adviser (Gender & Economic Development), Commonwealth Secretariat

CW Gender IEG Presentation

4.15pm Session 5: Way Forward & Conclusions

20-21 Oct IEG Presentation I

5.00pm END OF MEETING

OUTCOMES SUMMARY

IEG Outcomes Summary