The African Continental Free Trade Area (AfCFTA) represents one of the most ambitious economic integration projects of our time. By creating a single African market for goods and services, with free movement of businesspersons and investments, the AfCFTA has the potential to reshape Africa’s trade and development landscape. Yet, realising this promise requires more than ratification—it demands careful alignment of national laws and regulatory frameworks with AfCFTA commitments.
The Trade Policy Training Centre for Africa (trapca), with financial support from the African Capacity Building Foundation (ACBF) and the African Development Bank (AfDB), conducted a series of AfCFTA Readiness Reviews across multiple African countries. These reviews provided valuable insights into how states can harmonise their legal frameworks to benefit from the agreement fully. This article reflects on the lessons learnt from these reviews.
1. Why Legal Harmonisation Matters
The readiness reviews confirmed that legal harmonisation is not optional—it is the cornerstone of effective AfCFTA implementation. Misaligned laws create uncertainty, discourage cross-border investment, and risk fragmenting the very market the AfCFTA seeks to build. By contrast, harmonised frameworks provide:
- Legal certainty and predictability for businesses.
- Consistency between domestic and continental obligations reduces disputes.
- Facilitation of trade and investment, including streamlined customs, SPS, and TBT procedures.
- A stronger foundation for regional integration, ensuring that the AfCFTA does not become a “paper agreement.”
2. Key Areas Where Countries Must Act
The reviews highlighted seven priority areas for harmonisation:
- Tariff Schedules and Customs Laws – ensuring that national tariff codes reflect AfCFTA concessions and that customs procedures embrace digitalisation.
- Rules of Origin – embedding AfCFTA’s standard rules to prevent divergent interpretations.
- Non-Tariff Barriers (NTBs) – integrating national NTB monitoring into AfCFTA’s continental system.
- SPS and TBT Measures – aligning food safety, standards, and conformity assessments with AfCFTA annexes and global benchmarks.
- Trade in Services – revising licensing, financial services, and telecommunications laws in line with AfCFTA commitments.
- Investment, Competition, and Intellectual Property – preparing for the newer protocols that will demand reforms in investment codes, competition policies, and consumer protection laws.
- Dispute Settlement – ensuring domestic legal systems respect AfCFTA’s dispute settlement body.
3. Lessons from the Readiness Reviews
- Start with a Legal and Regulatory Audit- Countries that began by mapping their existing trade-related laws against AfCFTA obligations were able to identify apparent gaps and overlaps. This approach proved essential for setting reform priorities.
- Build Cross-Ministerial Coordination-Trade implementation is not the job of one ministry. Countries that established inter-ministerial task forces (involving trade, finance, agriculture, ICT, justice, etc.) advanced more quickly in aligning their laws.
- Engage Stakeholders Early-Where private sector, CSOs, women, youth, and SMEs were consulted, reforms were more practical and widely accepted. This inclusivity also built more substantial ownership of the AfCFTA agenda.
- Invest in Capacity Building-Many readiness reviews found that technical expertise in trade law was limited. Training legislators, policymakers, and regulators on AfCFTA provisions was critical to bridging this gap.
- Manage Political Economy Constraints-Domestic industries often fear competition under a liberalised regime. Readiness reviews underscored the importance of sequencing reforms, offering adjustment support, and communicating the long-term benefits of market integration.
4. Challenges Countries Still Face
Despite progress, several hurdles remain:
- Limited technical drafting capacity to update complex trade laws.
- Overlapping obligations with RECs and WTO commitments.
- Institutional delays in adopting reforms.
- Resistance from interest groups fearing market competition.
Addressing these challenges requires sustained political will, technical assistance, and resource mobilisation.
5. Good Practices Emerging in Africa
Encouragingly, readiness reviews identified examples of progress:
- Rwanda, Ghana, and Kenya have advanced through comprehensive readiness assessments and legal reforms.
- Ethiopia leveraged its WTO accession process to streamline AfCFTA alignment.
- Regional blocs such as ECOWAS and the EAC have demonstrated how harmonisation of SPS and customs frameworks can accelerate compliance.
These cases provide practical lessons for peers across the continent.
6. Top 5 Priority Actions for Policymakers
Based on lessons from the readiness reviews, five priority actions stand out:
- Conduct a Comprehensive Legal Audit – map all existing trade laws against AfCFTA obligations to identify conflicts and reform needs.
- Establish National AfCFTA Implementation Units – ensure inter-ministerial coordination and dedicated oversight of legal reforms.
- Amend and Align Legislation – prioritise customs codes, SPS/TBT frameworks, and services laws for immediate alignment.
- Strengthen Stakeholder Engagement – involve the private sector, CSOs, women, and youth to build ownership and ensure reforms reflect real trade challenges.
- Invest in Capacity and Awareness – build technical expertise in trade law and raise awareness among parliamentarians, judiciary, and enforcement agencies to support smooth implementation.
7. Conclusion: From Commitments to Action
The AfCFTA Readiness Review how that harmonising national laws with AfCFTA requirements is both urgent and achievable. It requires deliberate audits, legislative reforms, institutional coordination, and inclusive stakeholder engagement. As Africa continues its journey toward deeper integration, the lesson is clear: continental commitments must be mirrored in domestic law. Only then can the AfCFTA deliver on its promise of boosting intra-African trade, driving industrialisation, and fostering sustainable economic growth.
✍️ This blog is based on lessons from AfCFTA Readiness Reviews conducted by trapca with financial support from ACBF and AfDB.