Risk Management in Transport PPP Projects
In the Islamic Countries
94
Côte d'Ivoire takes also part in multinational organizations for economic and social cooperation
which are promoting PPPs. Particularly relevant for our study is the role of the
Union
économique et Monétaire Ouest Africaine
(UEMOA), grouping the West African countries
using the same currency (CFA Franc), which since several years has mobilized expertise and
resources to draft a regional PPP directive that would frame the PPP regime in its eight member
states. Once the current validation phase within the UEMOA bodies is completed, the text will be
adopted and then incorporated in the national legislation, as it was the case for the public
procurement law (UEMOA, 2018). In addition, it is worth recalling that the same organization
adopted the Directive N°01/2009/CM/UEMOA, concerning transparency in the management of
public resources, and also addressing PPP initiatives in the UEMOA countries.
Also another regional organization of economic cooperation, i.e.
Economic Community of West
African States
(ECOWAS) has historically supported PPP initiatives, and has also identified PPP
initiatives for the implementation of transport projects under the Community Development
Program (CDP), such as the Abidjan-Lagos Coastal Highway Transport Corridor or the Cotonou-
Niamey-Ouagadougou-Dori-Abidjan railway loop project and the Ouangolodougou-Bamako
railway line, which concern Côte d’Ivoire.
Legal provisions & strategies
The initial
legal framework
regulating the PPP initiatives in Côte d'Ivoire was set up in 2012,
with the following acts:
Decree N. 2012-1151 of 19 December 2012, concerning the Public-Private Partnership
contracts;
Decree N. 2012-1152 of 19 December 2012, concerning the powers, organization and
functioning of the Public-Private Partnerships institutional framework, subsequently
amended by Decree N. 2014-246 of 08 May 2014.
In particular, Decree n. 2012-1152 introduced a new institutional body, the
National Steering
Committee for PPPs
(
Comité National De Pilotage Des Partenariats Public-Privé
– CNP-PPP),
established under the Presidency of the Republic, with the mission to support and assist PPP
project administrations at all stages of the project life-cycle (design, preparation, award,
monitoring and control of contract execution).
In late 2017, the CNP-PPP proposed to its hierarchy draft texts aimed at replacing the legal and
institutional regime of Public-Private Partnerships established since 2012, introducing a new
regulatory framework based on feedback implementation of PPP projects over the former four
years. These legislative proposals were approved and the Council of Ministers on 29 March 2018
adopted two new decrees:
Decree No. 2018-358 of 29 March 2018, setting outs the rules for Public-Private
Partnership contracts;
Decree No. 2018-359 of 29 March 2018 relating to the powers, organization and operation
of the CNP-PPP.