Nick Mangwana — Government Up Close
Zimbabwe is participating in the African Continental Free Trade Area (AfCFTA) institutional meetings in Kinshasa, Democratic Republic of Congo.
The writer is among the participants, focusing on the regulatory framework for the communication sector. Our article this week therefore, explores the transformative power of the African Continental Free Trade Area, particularly in the realm of communication and will touch on the principles behind the negotiations that are going on.
The AfCFTA is a landmark agreement that aims to create a single, unified market for goods and services across the continent. After years of negotiations, the agreement is finally coming together, and its potential to transform the African economy is vast.
The AfCFTA is more than just a trade area agreement; it's a vision for a prosperous and integrated Africa. By eliminating tariffs and non-tariff barriers, the agreement seeks to create a seamless market where goods and services can flow freely, stimulating economic growth, creating jobs, and improving living standards. One of the most significant advantages of the AfCFTA is the creation of a single market for goods. By removing tariffs, African countries can now trade with each other more easily, increasing the flow of goods and services across borders. The AfCFTA agreement was signed on March 21, 2018 in Kigali, Rwanda.
The AfCFTA also provides for the liberalisation of services, which is a critical sector in modern economies. Services account for a significant proportion of GDP in many African countries, and the agreement's provisions on services will help to promote the growth of this sector. The progressive liberalisation of services, as set out in Article 4 of the Agreement, will enable African countries to benefit from the comparative advantages of each other, promoting economic efficiency and competitiveness.
To achieve these objectives, the AfCFTA will liberalise trade in goods and services, promote investment and industrial development, and enhance competitiveness. The agreement will also promote the growth of regional value chains, which will help to promote economic efficiency and competitiveness.
The AfCFTA is a comprehensive agreement that covers a wide range of areas, including trade in goods, services, investment, competition policy, and intellectual property. Let us look at some of the key articles. Article 3 of the Agreement sets out the general principles of the AfCFTA, including the elimination of tariffs and non-tariff barriers, the promotion of fair competition, and the protection of intellectual property rights.
Article 5 of the Agreement provides for the establishment of a dispute settlement mechanism, which will help to resolve trade disputes between member states in a fair and timely manner. This mechanism will be critical in ensuring that the AfCFTA operates smoothly and that trade disputes are resolved quickly and efficiently.
Article 6 of the Agreement sets out the provisions for the protection of intellectual property rights, which is essential for promoting innovation and entrepreneurship in Africa. The article provides for the protection of patents, trademarks, copyrights, and other forms of intellectual property, ensuring that African innovators and entrepreneurs can protect their ideas and creations.
Article 7 of the Agreement provides for the promotion of competition policy, which is critical for promoting economic efficiency and competitiveness in Africa. The article sets out the principles for the promotion of competition.
Now, we are going to focus on the need for a shared, inclusive and efficient Communication Services Framework vision in an Africa wide Communication sector. A key aspect of the AfCFTA is the removal of communication barriers. In Europe, the concept of treating calls within the EU as local calls has revolutionised communication. Similarly, the AfCFTA can enable seamless communication across Africa, fostering economic integration and cooperation.
The African Continental Free Trade Area (AfCFTA) Agreement advocates for the establishment of national regulatory environments that foster increased investments in communication services, as well as sectors enabled by the Communications Sector, to drive the continent's broader digital transformation. To achieve this, the Agreement encourages State Parties to create a conducive environment by, among other measures, abstaining from imposing customs duties on data flows communicated electronically across borders. Additionally, the Agreement promotes the establishment and strengthening of independent sector regulatory frameworks that are efficient, proportionate, and not overly burdensome, allowing for regulatory innovation and flexibility. By creating such an environment, the AfCFTA aims to unlock the full potential of the communication sector, driving economic growth, and promoting digital transformation across the continent.
The Agreement aims to achieve several key objectives in the communication sector. Specifically, it seeks to deliver deeper communications inclusion through access to competitive, affordable, and quality communications services and digital literacy. Furthermore, the Agreement aims to improve collaboration for cross-border consumer protection in the consumption and supply of communications services, thereby deepening consumer confidence in African communications services. Additionally, the Agreement seeks to enhance collaboration among State Parties in areas of mutual interest where communications services can support sustainable development under the AfCFTA, promoting a more integrated and prosperous continent.
This Regulatory Framework shall apply to any measures adopted or maintained by a State Party in relation to communications services commitments undertaken and these include the following;
State parties aim to significantly liberalise their communication sectors under the AfCFTA Agreement, fostering a favourable regulatory environment for increased intra-African trade and investment in communication services, which is expected to drive digital transformation across the continent. To achieve this, they agree to progressively and substantially liberalise their respective communication sectors in accordance with the provisions of the Agreement and Articles 18 to 20 of the Protocol on Trade in Services.
State Parties are proposing to adopt and implement the Transparency Principle, which requires that all international and regional obligations, treaties, and agreements related to the Communication Sector, as well as national measures, be made publicly available. This includes national laws, implementing regulations, directives, and other legally binding standards, which must be published in accessible mediums, including electronic formats, and made available on the internet at no cost. Additionally, measures of general or specific application, such as licences, authorisations, interconnection agreements, and binding documents related to service terms and prices, must also be promptly made public, unless exempted due to confidential treatment, data protection laws, national security concerns, or pending sectoral proceedings. Furthermore, State Parties agree to establish national response points to handle requests for information regarding communications regulatory matters from other State Parties, as outlined in Article 5(6) of the Protocol, promoting transparency and cooperation in the Communication Sector.
To facilitate informed participation in the Communication Sector, State Parties commit to adopting and implementing the Principle of access to information, ensuring that potential market participants have access to necessary information.
State parties aim to boost intra-African trade in the communications sector by adopting and implementing principles of regulatory cooperation and harmonisation. To achieve this, they'll reduce legal and regulatory differences by enhancing cooperation among regulators and regulatory institutions, both domestically and across state parties. Domestically, they'll reform national legal and regulatory frameworks to close gaps and ensure coherent regulatory environments. Additionally, state parties will develop cooperation mechanisms to harmonise regulatory frameworks, promoting coordinated standards and increasing trade and development across the continent. This move is in line with the AfCFTA agreement, which seeks to establish a single, integrated African market for goods and services, fostering economic growth, industrialisation and competitiveness.
The regulations outlined in this article aim to facilitate seamless connectivity among electronic communications service providers, ensuring that users can communicate with one another regardless of their service provider. To achieve this, providers of electronic communications network services or electronic communications services must be granted interconnection to other networks wherever technically feasible. This interconnection allows users to communicate with one another, promoting end-to-end connectivity in the electronic communications services market. The terms of interconnection arrangements are to be negotiated between parties on mutually agreed terms, without discriminating against third parties, and filed with the communications sector regulator. In cases of disputes, providers can seek recourse to the regulator or a specialised panel for resolution. Additionally, providers with significant market power (SMP) are subject to specific interconnection requirements, including non-discriminatory terms, cost-based rates, and transparency. State parties may also require SMP providers to offer a reference interconnection offer (RIO), which must be approved by the regulator and made publicly available. These regulations promote fair competition, transparency, and seamless connectivity in the electronic communications services market.
Then we have the article that governs facilities access and sharing among electronic communications network service providers, including broadcasting network services. Its objective is to facilitate open access to passive and active network facilities and associated support services, allowing providers to access and share facilities on a commercial basis. Providers with significant market power must provide facilities access and sharing on a mandatory basis, where technically feasible, under non-discriminatory terms and conditions, and at cost-based rates. A reference access offer (RAO) must be approved and published by the regulator, outlining the terms and conditions for access and sharing. For providers without SMP, parties are encouraged to conduct good-faith negotiations for access and sharing arrangements on a commercial basis. In the event of disputes, providers can seek recourse to the communications sector regulator or a specialised panel for resolution, with binding decisions. This framework promotes fair competition, transparency, and efficient use of network facilities in the electronic communications sector.
Building on the framework for facilities access and sharing, State parties also recognise the importance of promoting diversity and pluralism in the broadcasting and online content sectors. To achieve this, they commit to implementing measures that ensure a diverse range of operators, services, and content. This includes establishing a three-tier licensing system for broadcasting services, comprising public, commercial, and community broadcasting services, as well as refraining from restricting access to online content services, except on internationally recognised grounds. Furthermore, State parties will introduce pro-competitive regulatory safeguards to prevent cross-market media concentration, thereby promoting a competitive and diverse media landscape that benefits consumers and fosters innovation. By combining these efforts with the framework for facilities access and sharing, State parties can create a comprehensive regulatory environment that supports the growth of a vibrant and diverse communications sector.
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In line with the efforts to promote diversity and pluralism in the broadcasting and online content sectors, State parties also recognise the importance of upholding the principles of freedom of expression and self-regulation of content. To achieve this, they commit to respecting and protecting freedom of expression, particularly in broadcast and OTT content services, by promoting industry self-regulation. By combining these efforts with the promotion of diversity and pluralism, State parties can create a regulatory environment that supports the growth of a vibrant and diverse communications sector while also protecting the rights and interests of citizens.
To foster the growth of African broadcasting and OTT content services, State parties aim to protect and enforce intellectual property rights. They will develop and maintain legal frameworks to enforce content rights, aligning with the Protocol on Intellectual Property Rights. This includes protecting broadcasting and re-broadcasting rights, safeguarding copyrighted content shared on OTT platforms, and preventing unauthorized use of trademarks or protected marks to promote pirated content.
To promote African broadcasting and OTT content development, State Parties will implement the Local Content Principle. This principle aims to reflect African national heritage, identity, language and diversity by ensuring local content availability on broadcasting and OTT services within their territories. They'll adopt measures to promote local content reflecting their unique cultural aspects.
State parties will also develop reciprocal African Content preferences, distinguishing between African and third-party content. This will encourage production and trade of African content across the continent. By recognizing content from other State Parties as non-national local content, they'll foster a collaborative environment for African creators.
The AfCFTA has the potential to transform Africa's communication landscape, fostering economic integration, cooperation, and growth. By harmonizing regulatory frameworks, removing communication barriers, and promoting economic efficiency, Africa can unlock unprecedented economic growth and development and Zimbabwe is part of this journey, shaping the future of communication in Africa.
Nick Mangwana is the Permanent Secretary for Information, Publicity and Broadcasting Services
