The Pan African Chambet of Commerce and Industry (PACCI) is an independent, non-profit and non-partisan organization established in 2009 to serve Africa’s business by promoting for public policies that will foster continental economic integration, competitiveness, and sustainable growth. PACCI offers its constituents a wide range of services including advocacy for the creation of the African Economic Community, capacity building, and business networking.
With more than 50 national chambers of commerce acting as its local focal point, PACCI is the largest business association in Africa, and the continent’s most influential.
Our strength lies not just in our numbers but in our commitment to increasing the prosperity of Africa by promoting and encouraging the growth of existing businesses and the establishment of new businesses.
Following legal and socio-economic analysis of relevant laws and literature, PACCI – has through the Consultant, Dr. Uchenna Felicia Ugwu – produced an initial report detailing the minimum conditions necessary for the private sector in African countries to function optimally and contribute to the implementation of AfCFTA. The report will be the Model Bill of Rights for an Enabling Business Environment in Africa to Enhance Implementation of AfCFTA. PACCI seek sinsight from different stakeholders that can speak to the points raised. Please find below a summary of the report.
Input should be emailed to Dr. Uchenna Felicia Ugwu at ugwufelicia@gmail.com.
Table: Summary of African Bill of Rights
| Issue/Gaps | Recommendations | Helpful Institutions & Policies |
| Legal Sector Security and Predictability of Laws Civil Law vs. Common Law Systems Multiplicity of Courts Non Enforceability of Judicial Decisions | Single Continental Investment and Trade Court with jurisdiction over regional courts Harmonization between AfCFTA and RECs Integration of relevant aspects of laws | Cf WTO courts system |
| Financial Sector Stable, Predictable and Transparent Financial Systems Lack of Access to Credit for SMEs Difficulty in transferring funds between countries | Continental Financial Integration and Accountability Systems run by businesses and governments together One stop Banking Systems Loans to SMEs without Land Collateral Utilizing flexibilities in World Bank and IMF regulations | Adoption of a Common Currency under PAPSS |
| Infrastructural Development Sector Lack of Infrastructural Development Right to Private Property | Make infrastructural development a condition for international loans Require a certain portion of investment be made in the form of infrastructure A Human Rights Approach to Business Rights | China’s loan scheme and development models Clarify laws regarding ownership of property EU Charter of Fundamental Rights, Freedoms, Article 17 Right to Property The Nagoya Protocol and CBD Article 15 ICESCR & Article 27 UDHR |
| Government and Administration Sector Administrative Difficulties | Easy registration and removing red tape, adopting new technologies One step process and freedom of establishment Establishment of a common data base for referral Continental registration recognized in all regions Integrating customs, trade, and migration laws Remove double taxation | Protocol on Free Movement, Right of Residence and Establishment The African Trade Observatory The practice of the Democratic Republic of Congo, Cameroun, Togo, and Gabon Freedom of establishment provision found in Articles 49, 54 and 58 of the Treaty on the Functioning of the European Union(TFEU). |
| Political Sector Lack of Security, Good Governance and Political Stability | Involving businesses in the negotiation of trade regulations Requiring political aspirants to present blue print for business development before elections | The African Trade Insurance Agency The AU’s Nouakchott Declaration on Anti-Corruption Mexican Federal Commission for Regulatory Improvement (COFEMER), direct feedback requirement |
| Educational Sector & SMEs Lack of skilled workers Lack of value added production Limited research capacity and local innovation Lack of Export Competitiveness | Revamping educational institutions with special focus on STEM and ICT skills Connecting research institutions directly with industries Special and differential treatment for SMEs and informal sector innovation Require local content in production and local capacity building in labour Documenting and protecting Traditional Knowledge, related genetic resources, and informal trade Public-Private Partnerships Enhancing inter firm linkages and position of SMEs on global value chain Right to benefit from scientific progress | African Model Law Article 6 AfCFTA, Infant industry clause TRIPS Article 66, Technology Transfer and Local Adaptation Requirements Articles 7 & 8, 27 and 30 of the WTO TRIPS Agreement, exceptions and limitations for SMEs and LDCs. Utilize Article 27.3(b) of TRIPS to develop an alternative sui generisframework for IP protection Article 23 of the 2010 revision of the Cotonou agreement, |
| Multilateral & Regional Institutions Differences between Multilateral, Continental and Regional Systems | Establish continental systems for harmonizing regional and continental rules Interpretation of WTO rules by TRIPS and AfCFTA objectives Balancing domestic interest with continental and multilateral interestsApplying VCLT rules to resolve conflict of laws Right to Intra-Regional Trade | The AfDB 10-year inclusive growth strategy for 2013–2022 The African Export-Import Bank (Afreximbank) |
To download the full report, please click here.