Pan-Africanist Right to Development Pursuit of Socio-Economic Self-Determination Under the AfCFTA Agreement

This chapter explores the pursuit of socio-economic self-determination in Africa from a pan-African and right to development points of view, positing that the noble ideals embedded therein are attainable through the African Continental Free Trade Area (AfCFTA) Agreement albeit that its implementation remains constrained for no apparent reasons. Anchoring on the historical ideology of pan-Africanism and the concept of the right to development enshrined in the African Charter on Human and Peoples’ Rights, the argument is articulated that there is a legal obligation on African Union member states to cooperate for development, including through intra-African trade. Having establish the common market with the aim of boosting free trade, inclusive economic growth and structural transformation across the continent, member states appear to be reneging on their commitments on the AfCFTA Agreement and its ancillary protocols. This chapter interrogates why states parties are reticent in adhering to the commitments they are enjoined to comply with in good faith. It critically examines the lethargy in implementing the AfCFTA Agreement and the implications of that to the aspirations for pan-Africanism and the legitimate expectations on the right to development. The analysis is predominantly theoretical in nature, hinging on the legal dimensions relating to implementation of the AfCFTA, which has the potential to reshape the development landscape on the continent.