Fragmentation is a key constraint to Africa’s economic development, with many small states that offer neither large enough internal markets nor the physical or institutional infrastructure to foster industrialisation and development. The African Continental Free Trade Area Agreement (AfCFTA), which was concluded on 21 March 2018 in Kigali, Rwanda and came into force on 30 May 2019, aims to correct this situation.
Article 3 of the AfCFTA provides that the general objectives of the Agreement are to create a single market for goods and services facilitated by movement of persons to deepen economic integration of the African continent in accordance with the Pan-African vision of “an integrated, prosperous and peaceful Africa” enshrined in Agenda 2063. The AfCFTA will deliver an integrated continental market of 1.3 billion consumers (expected to increase to 1.7 billion by 2030) with aggregate GDP of USD 3.4 trillion.
The AfCFTA is intended to serve as a foundation for the establishment of a continental customs union, which will facilitate movement of capital and natural persons and will facilitate investment. This will build on regional economic communities (RECs) and existing Member States’ initiatives and contribute to sustainable and inclusive socio-economic development, gender equality and structural transformation. The Agreement will help enhance competitiveness and promote industrial development, regional value chains, agriculture and food security. It is also hoped that the AfCFTA will resolve the challenges of multiple and overlapping membership of RECs and expedite the process of regional and continental integration.
The specific objectives of the AfCFTA as outlined in Article 4 of the Agreement are to:
progressively eliminate tariffs and non-tariff barriers to trade in goods
progressively liberalise trade in services
co-operate on investment, intellectual property rights and competition policy
co-operate on all trade-related areas
co-operate on customs matters and the implementation of trade facilitation measures
establish a mechanism for the settlement of disputes concerning their rights and obligations
establish an institutional framework for the implementation and administration of the AfCFTA.
The modalities for liberalisation of trade in goods under the AfCFTA are designed to ensure that it is commercially viable. With respect to trade in goods, AfCFTA State Parties aim to liberalise 90% of trade over a period of 10 years (13 years for least developed countries [LDCs]). Countries are allowed to exclude 7% of total tariff lines for sensitive products and 3% of total tariff lines for products they wish to exclude completely. However, they are required to ensure that excluded products shall not exceed 10% of total import value from other State Parties. Final schedules of tariff concessions are to be submitted by January 2020 in anticipation for the start of trading date, which has been set for July 2020.
Considering the different level of economic development across African countries, which may affect their ability to adjust to tariff liberalisation under the AfCFTA, the Agreement provides a number of flexibilities. Articles 5 (c) and (d) include two key principles: that of variable geometry and that of flexibility and special and differential treatment. For example, the modalities for tariff liberalisation under the AfCFTA provide for a transition period of five years, which is available for countries that require this flexibility before the liberalisation of sensitive products.
The principle of special and differential treatment is reflected in the Protocol on Trade in Goods through Article 6, which states that “State Parties shall provide flexibilities to other State Parties at different levels of economic development or that have individual specificities as recognised by other State Parties. These flexibilities shall include, among others, special consideration and an additional transition period in the implementation of this Agreement, on a case by case basis.” A number of options are being considered to help countries absorb shocks associated with the new trading arrangements. One is the Adjustment Facility to be put in place by Afreximbank and another is the AfCFTA Adjustment Facility.
In addition, in exceptional circumstances, State Parties have the possibility to request a waiver of obligations in line with Article 15 of the Agreement. In the case of trade in goods, State Parties are also availed of flexibilities through the Protocol on Trade in Goods. They can request a modification of their schedules of tariff concessions (Article 11 of the Protocol on Trade in Goods) and resort to trade remedies, including global and preferential safeguard measures (Articles 18 and 19 of the Protocol on Trade in Goods).
With respect to trade in services, Article 9 of the Protocol on Trade in Services affords State Parties the right to regulate subject to certain requirements, such as the need to ensure transparency and remain impartial. As concerns liberalisation in trade in services, AfCFTA State Parties will undertake specific commitments in five priority sectors to begin with: business services, communication services, financial services, transport and tourism. Schedules of Specific Commitments for Trade in Services are to be submitted by January 2020. In the meantime, Member States are required to finalise work on Regulatory Cooperation Frameworks by June 2020 and to conclude work on the remaining services sector by December 2020.