The Role of African Lawyers in Advancing the AfCFTA
The African Continental Free Trade Area (AfCFTA) is a landmark initiative aimed at creating a single market for goods and services across the continent. At the heart of its success lies the critical role of legal professionals, who are being urged to play a more active part in shaping the implementation of this ambitious agreement.
Wamkele Mene, the Secretary General of the AfCFTA Secretariat, has emphasized the importance of lawyers in driving the successful execution of the AfCFTA. During an event hosted by the Cameroon Bar Association, he highlighted how legal experts can contribute by reviewing and strengthening domestic laws that align with the objectives of the AfCFTA. This includes identifying and eliminating outdated regulations that may hinder progress.
Mene called for greater collaboration between local business chambers, legal associations, and national AfCFTA committees. He encouraged these groups to work together to ensure that businesses fully understand the rules and can take advantage of the opportunities presented by the AfCFTA. In particular, he urged the Cameroonian business community to lead the way in promoting regional integration through cross-border trade, investment in value-added production, and forming partnerships that support job creation and sustainable growth.
A Blueprint for Economic Integration
According to Mene, the AfCFTA is more than just a trade agreement—it is a comprehensive blueprint for economic integration across Africa. He explained that the secretariat has made significant strides in developing the necessary frameworks and instruments to turn this vision into reality.
One of the key goals is to ensure that the AfCFTA delivers real, commercially meaningful opportunities for Small and Medium Enterprises (SMEs), economic operators, and young people. To achieve this, the secretariat has introduced various tools and initiatives designed to make the agreement accessible and beneficial to all stakeholders.
Strengthening Regulatory Frameworks
The AfCFTA Secretariat has also initiated the development of guidelines to support the negotiation and conclusion of Mutual Recognition Agreements (MRAs). These agreements aim to facilitate the cross-border recognition of professional qualifications, licensing, and standards within the services sector. The goal is to create a structured framework that enables seamless movement of professionals and regulatory bodies across borders.
In addition, the secretariat is prioritizing the completion of draft regulatory frameworks to address the growing complexity of global regulatory systems. By doing so, it aims to prevent the continent from being divided along external lines and instead ensure that Africa’s own priorities and contexts shape the final outcomes.
Sector Studies and Legal Foundations
Comprehensive sector studies have been conducted in seven additional service sectors, including construction, distribution, education, energy-related services, environmental services, health, and recreational, cultural, and sporting services (RCS). While studies on education, environmental, health, and RCS sectors have already been completed, work continues on the remaining areas.
The negotiation and adoption of Phase I and II Protocols have laid a solid legal foundation for a rules-based trading system in Africa. These protocols cover a wide range of areas, including trade in goods and services, dispute settlement, investment, digital trade, and the inclusion of women and youth in trade. As a result, the AfCFTA is not only inclusive but also forward-looking.
Supporting SMEs and Regional Development
To translate the AfCFTA framework into tangible economic impact, the secretariat has implemented a Private Sector Engagement Strategy. This strategy promotes the development of regional production networks in key sectors such as agriculture, automotive, pharmaceuticals, and logistics, with strong support from Afreximbank.
This approach aims to boost industrial capacity, create jobs, and deepen regional value chains. Additionally, the secretariat is rolling out initiatives to support SME development and access to finance. One such effort is the AfCFTA–UBA Financing Facility, which targets up to US$6 billion in support over three years for SMEs in agro-processing, logistics, pharmaceuticals, and the automotive sector.
Addressing Disparities and Ensuring Equitable Benefits
To address disparities in readiness and ensure equitable benefits, the AfCFTA Adjustment Fund has been established. An initial US$1 billion has been mobilized, with a target of up to $10 billion. This fund supports the operationalization of trading companies and trade aggregators across State Parties, helping to level the playing field and accelerate the implementation of the AfCFTA.
