Food Law and Policy in Africa: Emerging Legal Framework, Key Issues, Major Gaps and Challenges

This chapter offers a rare and penetrating insight into the legal and institutional framework of food law and policy in Africa. The chapter analyzes continental, regional and national laws and judicial decisions that are shaping food law policy in Africa and identifies key actors and institutions. How food law is conceptualized in Africa, the legal instruments (treaties, resolutions, declarations, statutes, policy papers, etc.) that underpin and inform decisions about food regulations in Africa, and current struggles over food and land in the continent are some of the issues addressed in this chapter. The chapter is the four parts. Part Two provides a survey of Africa Union (AU) instruments pertaining to food law. The section also offers an overview of legal and policy developments at the sub-regional and national levels. In all, legal instruments pertinent to food and agriculture in four regional economic communities in Africa—the East African Community (EAC), the Economic Community of West African States (ECOWAS), the Common Market on Eastern and Southern Africa (COMESA) and the South African Development Community (SADC)—are examined in this section. Part Three examines key issues now emerging in food law and policy discussions and debates in Africa as well as issues that are likely to shape discussions about food law and policy in the continent in the coming years. In all, seven issues are examined: Food Security; Food Safety; Women and Agriculture in Africa; Climate Change; Indigenous Peoples and Food in Africa; Agribusiness/Foreign Investment in Land; and Food Trade. Part Three, “Towards a Coherent and Functioning Food Law Regime in Africa,” identifies existing gaps in the food law and policy framework of countries in Africa, draws attention to the to the development of robust food law regimes in Africa, discusses the potential role of the legal profession in Africa in the development of food law in the continent, and offers some concluding thoughts about the future direction of food law and policy in Africa. Overall, answers to several questions are explored in this chapter. For example, how is food law conceptualized in Africa? Is food law conceptualized differently in Africa than is the case in the West? Is food law recognized as a distinct legal field in countries in Africa? What laws, policies and institutions inform food regulation in Africa today? What areas of food law and policy in Africa call for more rigorous analysis and urgent action? Is food law and policy in Africa proactively addressing emergent issues and challenges such as climate change? What local, regional and global issues are likely to shape food law in Africa in the coming years? The conclusion reached is that food law is a new and underdeveloped field of law in Africa, although most countries in the continent have laws that deal with various aspects of food law. To the extent that it is treated as a distinct legal field, food law is conceptualized somewhat differently in Africa than is the case in the West. Food law in Africa encompasses issues integral to food production and processing (e.g. food safety), issues pertinent to food distribution (e.g. regional and global food trade), as well as issues relating to human rights and governance (access to land, freedom from eviction, right over traditional knowledge, and freedom from discrimination.). However conceptualized, food law is still in its infancy in Africa. While the foundations for the emergence of strong food law regimes in Africa appear to be very strong, robust and credible food law frameworks are not yet in place at the national, sub-regional or continental level.