Civil society organisations from across West Africa have called on governments in the sub-region to urgently reform existing investment treaties that undermine national sovereignty, hinder development, and deepen climate injustice.
The call was made in a press release at the close of the West African Civil Society Investment Policy Forum held in Accra from October 6 to 8, 2025. It was on the theme: “Aligning Investment Policy Frameworks to Climate and Sustainable Development Goals.” The three-day forum was hosted by ActionAid Ghana in collaboration with the Centre for Research on Multinational Corporations (SOMO), the Gower Initiative for Sustainable Development, and Both ENDS.
It brought together participants from 13 countries including Ghana, Nigeria, Côte d’Ivoire, Senegal, The Gambia, Sierra Leone, Cameroon, Uganda, Kenya, South Africa, Burkina Faso, Argentina, and The Netherlands. Experts, researchers, and civil society representatives reviewed more than 132 Bilateral Investment Treaties (BITs) across West Africa, examining their impacts on development, human rights, and environmental protection. Findings revealed that many existing treaties are remnants of colonial-era arrangements that continue to prioritise foreign investor interests at the expense of national development goals.
Participants observed that these treaties often limit African governments’ ability to regulate natural resource exploitation, safeguard public welfare, or respond effectively to crises such as climate change. It was also noted that Ghana currently leads in the sub-region with 26 active investor-state dispute cases, followed by Nigeria with 16.
These disputes, often resulting from poorly structured investment agreements, have cost states hundreds of millions of dollars through international arbitration, funds that could otherwise be channelled into social and development projects. One of the key conclusions of the forum was that there is no proven correlation between the existence of BITs and increased Foreign Direct Investment (FDI).
Rather, participants argued that the agreements frequently expose governments to exorbitant arbitration costs, with compensation awards ranging between 100 million and one billion US dollars.
They further asserted that investment treaties are not neutral, but are shaped by historical power imbalances that reinforce dependency and restrict African sovereignty over resources. The forum also drew attention to the persistent inequities of the global climate agenda. Despite contributing the least to greenhouse gas emissions, African nations remain among the hardest hit by climate change impacts.
Participants therefore demanded that future investment frameworks integrate climate justice principles, ensuring that resource extraction, industrialisation, and green energy transitions directly benefit African communities and economies. At the end of deliberations, the forum adopted a communiqué urging governments, policymakers, and regional institutions to terminate or renegotiate obsolete BITs that undermine national interests, public welfare, and environmental protection. It further called for an end to intra-African BITs and the adoption of the African Continental Free Trade Area (AfCFTA) Investment Protocol, which offered a more transparent and development-oriented investment framework.
The participants also urged governments to promote industrialisation and value addition in the extractive and manufacturing sectors to maximise the benefits of Africa’s natural resources, develop public-interest investment contract models aligned with the AfCFTA’s standards, and strengthen domestic legal systems to improve due diligence, fight 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 encouraged 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 put people and the planet before profit. Participants agreed 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 communiqué emphasised that the success of Africa’s development agenda depends not on the protection of foreign investors, but on the protection of citizens’ rights, environmental sustainability, and equitable economic growth.