African Integration

The African Continent Free Trade Area (‘AfCFTA’) Protocol on Digital Trade (AfCFTA DTP) presents a significant opportunity to strengthen African digital solidarity. It could also advance a cohesive and strong African consensus and voice on digital trade regulation. This is especially significant, as Africa is relatively silent in global digital trade dialogues today. Building on the international law concept of international community and its African philosophical equivalent, Ubuntu, we offer a framing device to anchor digital solidarity and develop robust and inclusive Africa-centred digital trade norms. We first explore the relevance of community values in developing a regulatory framework for cross-border data flows in trade agreements, and then examine how shared values and digital solidarity can facilitate the development of a cohesive privacy and data protection regulatory framework in Africa.

The African Union (AU) has recently taken bold steps to integrate the continent further. In 2015 members agreed on a broad integration plan, the Agenda 2063.

In an essay published in 2002, the late Kenyan scholar, Ali Mazrui, asked the critical question of who killed democracy in Africa. In his archetypal incisive take on African issues, Ali Mazrui delved into history to identify both internal and external forces that have conspired to commit the crime of “democra-cide”. Suffice to say that although the political dynamics of the continent has evolved, many of the culprits mentioned by Ali Mazrui are still busy at the slaughter slab, shredding democracy into bits.

Drawing from comparative experiences, it is opined that a systematic academic study of private international law might create the required strong political will and institutional support (which is absent at the moment) that is necessary to give private international law its true place in Africa.

In this essay, I argue that the AfCFTA needs to rethink its relationship with the continental emancipatory movements. Its focus on economic integration without social-emancipatory movements undermines its central aim of creating “the Africa we want.” Its top-down approach fails to capture labor movements in Africa. Additionally, by creating yet another integration organization in Africa despite the existence of several regional and continental integration projects it cashes organizational costs that could have been spent in creating a labor-friendly integration project.