Foreign investment must contribute to the sustainable development of African states.
States have the sovereign right to regulate foreign investment on their territory in order to meet Sustainable Development Goals (SDGs) and for legitimate public policy objectives. This right must not be subordinated to the interests of investors.
States must facilitate, promote and protect foreign investment that enhance the sustainable development within their territories.
Increasing the quantity and quality of foreign investment requires a positive legal and regulatory environment including a transparent, accountable and participatory legal framework.
Investment agreements and laws should seek an overall balance of the rights and obligations between States and investors.
Investors must comply with the applicable laws and regulations of both the home and the host state. Host States should not lower their environmental or other legal standards as incentives to attract investments.
International and domestic investment regimes should ensure the observance by investors of international best practices and applicable instruments of responsible business conduct and corporate governance.
Investors shall also not aid or abet a conspiracy to commit or authorize acts of bribery
Investors shall not exploit or use local natural resources to the detriment of the rights and interests of the host State
Investors must respect the protection of internationally and regionally proclaimed human rights
Investment policies should provide legal certainty and appropriate protection to foreign investment including access to effective mechanisms for the prevention and settlement of disputes. Dispute settlement procedures should be fair, open and transparent, with appropriate safeguards to prevent abuse
African States should ensure effective participation of African lawyers and experts in the negotiation and drafting of investment agreements as well as in the settlement of investment disputes
African States should strive to develop and foster domestic capacity in the field of investment policy and law, including through academic curricula
African states should ensure more effective cooperation and coordination with respect to investment policies at the continental level
African States should strengthen their domestic judicial systems for the benefit of all citizens and communities, including investors