The Economic Community of West African States (ECOWAS) Commission, through its Directorate of Energy and Mines, held a regional workshop on International Energy and Investment Policy from November 25 to 26, 2024, in Accra, Ghana. The event was organized with the support of the International Institute for Sustainable Development (IISD). The focus was on revisiting the "Global Reform of International Investment Governance and the Future of the ECOWAS Energy Protocol."
The workshop brought together experts from ECOWAS Ministries responsible for energy. These participants had knowledge of recent ECOWAS energy instruments and investment contract negotiations in the sector. Representatives from specialized energy agencies such as WAPP, ERERA, ECREEE, IISD representatives, and staff from the ECOWAS Directorate of Energy and Mines were also present.
ECOWAS Member States are signatories to several international and regional agreements related to investment governance. Among these is the ECOWAS Energy Protocol adopted in 2003. This protocol aims to create a legal framework for long-term cooperation in the energy sector by enhancing energy trade across West Africa and facilitating investments.
In light of recent developments such as Agenda 2063 by the African Union, the AfCFTA Protocol on Investment from 2023, revised regional policies by ECOWAS including their Electricity Code and Green Hydrogen Policy and Strategy, it is considered timely to reassess the relevance of this protocol.
Opening remarks at the workshop were made by Mrs. Suzy NIKIEMA from IISD's Economic Law and Policy Program; Mr. Bayaornibè DABIRE, Director of Energy and Mines at ECOWAS; Honorable John Kobina Abbam SANIE, Deputy Minister for Energy in Ghana; with Ambassador Mohammed Lawan GANA attending as well.
Over two days participants gained insights into international investment agreements' structure, functioning challenges generally—and specifically regarding how they pertain to their own region's protocol needs going forward—as well identifying key reasons necessitating reform efforts: aligning protocols with broader continental or national policy frameworks balancing investor-state rights/obligations supporting sustainable development goals clean-energy transitions among others
Ultimately attendees recommended that "ECOWAS initiate direct process revising" said protocol alongside member states partners like IISD ensure comprehensive consultative approach undertaken throughout revision efforts ahead.