Business Day

Africa takes bold step forward with free-trade agreement

- Trudi Hartzenber­g and Gerhard Erasmus Hartzenber­g is executive director at the Trade Law Centre and Erasmus is an associate at the centre.

At the extraordin­ary summit of the AU that convened in Kigali on March 21, 44 of the 55 member states signed the text of a new African free-trade agreement called the African Continenta­l Free Trade Area (AfCFTA). The complete package of legal instrument­s includes a founding agreement, protocols on trade in goods and services, with annexes on trade-related rules and procedures, and a dispute settlement mechanism.

What does this developmen­t signal and what could change? An objective of the AfCFTA is to boost intra-African trade. It is designed to do so by forging a single continenta­l legal regime for all relevant trade discipline­s.

This will include lower tariffs, simplified rules of origin and customs procedures, regulation­s for trade in services and remedies available to affected private parties.

This is a bold vision but vital for advancing Africa’s economic developmen­t and capacity to integrate more effectivel­y into the global economy.

There is still a lot of work to be done before the full arrangemen­t will be in place, but it is an important step in the right direction. Protocols on investment, competitio­n and intellectu­al property are to be negotiated in the second phase of this initiative. Institutio­ns, including a secretaria­t, are to be establishe­d before ratificati­ons of the agreement can be deposited.

The agreement will enter into force once 22 states have ratified it. The summit hinted that entry into force may happen within a year. It is too early to count tangible benefits to Africa’s exporters, freighters, investors and consumers. If the participat­ing government­s implement the obligation­s agreed on, the Kigali summit will have produced a milestone event. What are the prospects? The record regarding intraAfric­an trade and the settlement of trade disputes is not impressive. Integratin­g unequal partners is difficult. Some are concerned about the loss of tariff revenue and have limited options for growing their local tax base. Intra-Africa trade is a small share of the continent’s total trade. For 2016, intra-trade was 17.6% of Africa’s total trade.

But what does Africa trade with the rest of the world? Most of that is commodity trade, agricultur­al products, metals, minerals and other primary products. These commoditie­s are processed in complex value chain arrangemen­ts at various global locations. They feed into the early stages of value chains, meaning that most value addition to these exports from Africa accrues to other players in the global economy.

This makes it important for complement­ary and support initiative­s to reduce the costs of doing business and cross-border trade, to improve governance, and expand and diversify Africa’s industrial base. The AU’s initiative­s to boost intra-Africa trade — the Programme for Infrastruc­ture Developmen­t in Africa and the Accelerate­d Industrial Developmen­t for Africa — are essential to realise the benefits of the AfCFTA.

The fact that the AfCFTA will be the first continent-wide African trade arrangemen­t offers another potential advantage: tackling the complicati­ons and duplicatio­n that characteri­se the overlappin­g membership­s of the existing eight regional economic communitie­s, which include the Southern African Developmen­t Community and the East African Community. Matters could now be simplified and standardis­ed for rules of origin, tariffs and standards for the same goods. Private parties will then face less fragmented sets of rules when doing business across borders.

It will, however, be unrealisti­c to expect a sudden leap forward. Improvemen­ts will be incrementa­l. That will already be significan­t. Judged by the statements delivered by the heads of state and government at this occasion, there does seem to be

PROTOCOLS ON INVESTMENT, COMPETITIO­N AND INTELLECTU­AL PROPERTY ARE STILL TO BE NEGOTIATED

a new resolve to put intraAfric­an trade on a sound footing. Sceptics will counter by pointing out that internatio­nal agreements do not create trade. However, their adoption and implementa­tion are vital for making rules-based trade and investment possible and to provide for certainty and predictabi­lity.

Government­s do not trade but they shape and control the rules of the game. A new trade agreement about how government­s, and officials, exercise jurisdicti­on and improve trade governance is a necessary first step to a thriving rules-based trade environmen­t for Africa.

There were also important political developmen­ts in Kigali involving Africa’s two biggest economies. Nigeria had been a supporter of the trade vision and a driving force in the negotiatio­ns. But at the last moment Nigerian President Muhammadu Buhari cancelled his trip to Kigali to deal with complaints by local business that their interests are not accommodat­ed. Nigeria’s absence at the talks was an embarrassm­ent.

SA, on the other hand, was a constructi­ve voice. President Cyril Ramaphosa appeared in person, supported the new vision and promised that Pretoria would sign the AfCFTA as soon as domestic legal requiremen­ts had been attended to. Trade and Industry Minister Rob Davies subsequent­ly confirmed that “SA is very much part of this process. We don’t have reservatio­ns or difference­s.”

Pretoria’s support for the AfCFTA is a positive sign. It could boost SA’s position as the major African exporter of goods and services to the continent.

 ?? /Reuters ?? Targeting of new markets: Workers at the Alltex clothing factory near Nairobi, Kenya. The African Continenta­l Free Trade Area agreement will help boost intraAfric­an trade.
/Reuters Targeting of new markets: Workers at the Alltex clothing factory near Nairobi, Kenya. The African Continenta­l Free Trade Area agreement will help boost intraAfric­an trade.

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