Tuesday, July 15, 2025
Dr. Lang Fafa Dampha Calls for Legal Reform to Strengthen China-Africa Trade Ties
In a powerful address at the Fifth China-Africa Cooperation Legal Forum (FOCAC), Dr. Lang Fafa Dampha, Executive Director of the Pan-African Centre for Cultures and Languages (PACCL), called for urgent reforms in the legal frameworks governing China-Africa economic relations. He stressed that overhauling current dispute resolution mechanisms is vital to securing the future of the burgeoning trade partnership—now valued at more than $250 billion annually.
Speaking in Changsha, China, Dr. Dampha warned that the rapid expansion of trade, investment, and infrastructure projects between China and African nations will inevitably lead to an increase in commercial disputes. “Disputes are a natural consequence of complex and growing trade relationships,” he said. “The focus should not be on their elimination, but on managing them fairly, efficiently, and accessibly.”
The legal forum, held on July 11–12, was hosted by the China Law Society in partnership with Xiangtan University, the Human Law Society, and the China Legal Exchange Centre. This year’s theme—Building Trust, Managing Risk, and Ensuring Long-Term Sustainability—set the stage for Dr. Dampha’s appeal for systemic legal reform.
He outlined major barriers to effective dispute resolution: legal uncertainty, difficulties enforcing foreign judgments and international arbitration awards, a shortage of professionals trained in international commercial law, and procedural delays. He also cited challenges stemming from divergent legal traditions (common law, civil law, and customary law), language barriers, and conflicting cultural expectations.
“These issues call for more than procedural tweaks—they demand coordinated reform,” Dr. Dampha asserted. He proposed a five-pronged strategy to build a robust, culturally responsive legal infrastructure:
1. Establish regional dispute resolution hubs in key African trade centers—such as Nairobi, Lagos, Johannesburg, Kinshasa, and Cairo—that combine local legal knowledge with internationally recognised standards.
2. Launch specialised training programmes for judges, lawyers, and arbitrators focused on China-Africa commercial disputes.
3. Promote legal harmonisation by encouraging the adoption of UNCITRAL model laws and securing universal ratification of the New York Convention across African jurisdictions.
4. Leverage technology, including Online Dispute Resolution (ODR) platforms, to improve access and reduce costs.
5. Integrate hybrid and culturally sensitive mechanisms, such as mediation followed by arbitration, and respect traditional dispute resolution practices where appropriate.
Dr. Dampha emphasised that success hinges on strong political will and institutional collaboration. He urged African institutions—including the African Union, the African Continental Free Trade Area (AfCFTA) Secretariat, and Regional Economic Communities—to lead the charge in harmonising legal systems and cross-border enforcement.
He also called on China to take an active role: “China can play a key part by funding infrastructure, supporting capacity building, and co-establishing dispute resolution centers that reflect African legal traditions and languages.”
Describing legal reform as a “strategic investment in legal infrastructure,” Dr. Dampha argued that a modern, accessible, and trusted dispute resolution system is fundamental to long-term economic stability and investor confidence.
“With a blend of international best practices, regional innovation, and shared political commitment,” he concluded, “Africa and China can build a legal foundation strong enough to support a thriving and equitable economic partnership.”
Dr. Dampha’s remarks resonated with delegates from across the continent and China, as both sides acknowledged the growing importance of legal cooperation in shaping the future of China-Africa relations.
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