Human Rights

It is crucial to incorporate both a balanced approach and a human rights perspective into the negotiations on intellectual property in the context of the AfCFTA. In this regard, it should be noted that the TRIPS Agreement gives countries considerable flexibility with regard to how they can choose to protect plants and new plant varieties because Article 27(3)(b) of the TRIPS Agreement permits countries to exclude plants from patentability although it requires them to provide protection for plant varieties either by patents or by an effective sui generis system or by any combination thereof.

It has become increasingly clear with the unfolding of the EPA events that the failure of the Community to achieve basic set out objectives lies deeper than the merits of the projects embarked on. As it has not proved efficient to hold each Partner State to their commitments to the Community at all times, it is necessary to address the systemic weaknesses that allow unconstructive concerns to permeate well-intended goals.

The centralisation of democratic practise in the implementation of AfCFTA will require serious commitment on the part of national and regional officials involved in negotiating the process. A key first step in this respect is the express inclusion of respect for democratic values in the Agreement.