The AfCFTA is a comprehensive agreement covering the Framework Agreement, Protocols on Trade in Goods, Trade in Services and Dispute Settlement. Within trade in goods, annexes encompass commitments on market access, rules of origin (procedures), customs cooperation, trade facilitation, transit, non-tariff barriers, technical barriers to trade and sanitary and phytosanitary measures. Work is on-going on market access in goods as well as services, as well regulatory chapters in some services sectors.

Implementation of commitments under the AfCFTA is vital for its impact on the ground. Yet to date, there is no record of whether and how commitments under the AfCFTA have been implemented. The various Committees established under the AfCFTA provide a valuable forum for the areas within the auspices of these Committees but do not provide a comprehensive view. Article 4(g) of the AfCFTA Agreements stipulates that State Parties shall “establish and maintain an institutional framework for the implementation and administration of the AfCFTA” and mandates the Council of Ministers, to “ensure effective implementation and enforcement of the Agreement”. (Article 11(3)b of the AfCFTA Agreement).

At the international level, review of national trade policies is a fundamentally important activity of the WTO with respect to the implementation of commitments under WTO Agreements. In the case of AfCFTA, this function is yet to be developed. Implementation review could also act as a ‘soft’ enforcement mechanism and to bring more or continued high level attention to the implementation of the AfCFTA.

A Consultant in Trade Policy Review is being recruited to contribute to the establishment of an implementation review mechanism under the AfCFTA. The Consultant will be integrated into the AfCFTA Secretariat ’s work flow, delivering targeted technical inputs on a need driven basis, informed by an agreed Work Plan developed in close collaboration with the Senior Advisor on Trade Policy Review.

Duties and Responsibilities:

The consultant will work under the supervision of the Senior Advisor on Trade Policy Review to achieve the above-mentioned objective. To do so, the consultant will perform the following key tasks:

1. Carry out and prepare a study of compliance of five (5) selected State Parties covering the five regions of Africa with the AfCFTA Agreement;
2. Draft a concept Ministerial Directive(s) and other legal instruments including rules of procedure, as appropriate, which will underpin the future implementation monitoring mechanism under the AfCFTA;
3. Conceptualize documents for the day-to-day operation of the AfCFTA implementation review mechanism, such as questionnaires, forms, templates for reports, reporting guidelines, compliance reports for AfCFTA Committees;
4. Develop data sources for implementation review reports;
5. Contribute to drafting of pilot AfCFTA implementation review reports;
6. Work with pilot State Parties to backstop/provide guidance on submissions of documents under the AfCFTA implementation review mechanism;
7. Assist in AfCFTA institutional and consultative meetings relating to policy review; and
8. Participate and contribute to capacity building and technical assistance activities.

Outputs/Work Assignment

1. Five Member States Trade policy compliance studies are completed. The State targeted for the studies are pooled from the five regions of Africa.  
2. Concept Ministerial Directive(s) and other legal instruments including rules of procedure, as appropriate, which will underpin the future implementation monitoring mechanism under the AfCFTA are developed;
3. AfCFTA implementation review mechanism, instruments and tools (such as questionnaires, forms, templates for reports, reporting guidelines, compliance reports for AfCFTA Committees) are developed;
4. Capacity building and technical assistance initiatives are developed and implemented.

Expected Duration

This consultancy is for an initial period of twelve (12) months, upon signature of the contract.