Bibliographie sélective OHADA

This study is concerned with integration efforts on the African continent. This study sets out to investigate the politico-legal and economic impediments to regional and continental integration efforts in Africa. The documents, processes, and organs of the African Union, as the main continental organisation, are the focal point of this study. In order to achieve this, the study primarily adopted a qualitative approach since the literature involved in this work could not be reduced to a quantitative concept. The study ensured that the premises and the conclusions in this work conform to the principles of reliability and validity and in addition the elimination of bias in this was curtailed by validation and triangulation. This was achieved by the fact that the arguments in this work were not only based on qualitative arguments but, where possible, quantitative data was brought in to validate/ triangulate the qualitative arguments. Evidently, the study would have been incomplete if it did not discuss and evaluate the many regional economic communities that have been established to further the objectives of the Treaty establishing the African Economic Community. One of the major premises that this study discovers is that there is a direct and demonstrable relationship between democracy and economic progress; genuine and sustainable development has to be fostered primarily by securing peace and stability on the African continent. Some of the other key findings of the study include that; a) the ultimate goal of the African Union is full political and economic integration leading to the United States of Africa; b) overlapping memberships to a custom unions are highly detrimental to the state since it has to subscribe resources and political will to two or more different arrangements. c) overlapping memberships cause confusion, inertia and most importantly legal uncertainty thereby stifling trade liberalisation efforts; d) many African states still guard their sovereignty closely and that many perceive that yielding their sovereignty to a continental body is tantamount to losing their independence; e) the African Union infrastructure still lacks supra-national and national institutions that are capable of implementing its values; f) the African Union infrastructure does not contain an institutionalised mechanism for the promotion and management of Union affairs at national level; g) the NEPAD initiatives, the APRM process and the functions of the Peace and Security Council play a positive role in African politico-legal and economic development. It has however been shown that these mechanisms are more reactive than preventative and as such intervene too late in the internal affairs of member states; h) armed conflicts cause a reduction in the per-capita Gross Domestic Product growth rate of a nation experiencing a civil war/ conflicts. i) the African Union has regressed from the original timelines of the African Economic Community. The highest regression being Phase 2 which involves the most critical element of strengthening of African regional integration arrangements and the harmonisation of policies concerned. A thirteen (13) year postponement is noted in this regard. j) Africa's poor intra-trade performance is also attributed to the limited progress among African countries in fostering structural transformation. This structural transformation relates to the building of roads, bridges, railway lines and power grids; In order for the African continent to re-position itself in an attempt to harness the benefits of regional integration, some of the recommendations that the study makes are that; a) the African Union grant supra-national status to institutions of the Union for the equitable and speedy attainment of integration; b) the Union and member states should as soon as possible create mechanisms with decision making powers to manage Union affairs at regional and national level; c) the operationalization of the Pan African Parliament should be pursued with the utmost determination to bring the Parliament to full functionality as a Continental legislative body; d) the operationalization of the African Court of Justice and Human Rights be completed as soon as possible in order to allow the body to function as a fully-fledged continental judiciary. This will ensure that the development of integration jurisprudence from an international law perspective is not delayed. The Court will also pursue the enforcement of Human rights norms and practices; e) the Union should further lead the continent in the following sectors with clear and predictable deliverables; i) the establishment and upgrading of regional land, air, and other means of transportation and communication; ii) the creation of a cross-border power and energy generation and distribution network; iii) the establishment, advancement, and diversification of regional financial and commodity markets; iv) the establishment of a regional higher education system by facilitating wider access through specialization in regional integration; The study further acknowledges that these recommendations are not conclusive since the study of regional integration is still at its infancy and many other ideas on how to strengthen African regional integration still await discovery.

There are many employment positions in the labour market that could be filled by the disabled of whom most, given the right environment, could be productive in the workplace. However, there are employers who still labour under the misconception that Persons with Disabilities (PWDs) are unqualified and unproductive although their participation in the workplace could contribute to the national economy, while restoring their dignity and social integration. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) entered into force on 3 May 2008. The CRPD is the first international legally binding treaty aimed specifically at protecting the rights of PWDs. It is expected of ratifying States Parties to either amend their domestic existing laws or to enact new legislation in order to meet their obligations, as set out in the CRPD. In 2008, South Africa ratified the CRPD and the Optional Protocol, thus committing itself to the provisions relating to, inter alia, workplace integration. Article 26 of the Convention mandates States Parties to take effective and appropriate measures to enable PWDs to attain and maintain maximum independence, physical, mental, social and vocational ability, and to ensure their social inclusion. Article 27 stipulates, inter alia, that States Parties shall safeguard and promote the realisation of the right to work, including those who incur a disability during the course of employment. Legislation should make provision for, inter alia the following: • enable PWDs to have effective access to general technical and vocational guidance programmes; • placement services and continued vocational training; • promote employment opportunities and career advancement; • assistance in sourcing, obtaining, maintaining and returning to work; and • reasonable accommodation in the workplace as well as vocational and professional rehabilitation. Although the Compensation for Occupational Injuries and Diseases Act 130 of 1993 was amended recently to include rehabilitation, re-integration and return to work (RTW) as part of its objectives, it will be argued that South Africa needs to initiate targeted legislation and policies that make disability management functions mandatory. Employers’ obligations need to be set out clearly in the Act, because, as it stands, the following lacunae exist: • There is no obligation to appoint Case Managers; • Dismissal protection is not provided for; • The regulation of negative incentives to assist with RTW compliance is lacking; and • The roles of different stakeholders in the RTW process require clarification. Without South Africa having an appropriate and detailed RTW framework, ill or injured employees stand the risk of losing their jobs and becoming dependent on family members and/or disability grants. Against this background, a comparative analysis of international and regional law and the RTW practices of two foreign jurisdictions were made. This enabled the author to devise recommendations and identify the roles of the government, employers, employees and Case Managers. The primary objective of this thesis is to determine how and to what extent regional and international standards and RTW programmes in other countries could assist in developing and amending the current legislative and policy framework in South Africa to promote the RTW of disabled employees.