About this document

This document outlines the process by which participants from all stakeholder groups will collaborate to produce an output document on the alignment and harmonisation challenges of the AfCFTA Protocol on Digital Trade and the African Union Digital Policy Framework (AUDPF) This consensus document will reflect the diverse perspectives, discussions and insights of Africa’s needs in navigating the interplay of data governance and digital trade, in a single digital market. It also contains the schedule, a step-by-step guide to the work process and various roles and responsibilities.

Goals of the process

  • To enable participants to deepen their understanding of digital trade and data governance in Africa.
  • To build a “hands-on” understanding of the advantages and challenges of multistakeholder collaboration and of the differences in perspectives of various groups
  • To deepen understanding of how the AUDPF principles and implementation plan can advance the African Union’s Agenda 2063 and Digital Transformation Strategy for Africa, and how to build on this in the Protocol on Digital Trade’s annexes.
  • To enable participants to be able to discuss, negotiate, and influence the issues and approaches comfortably and with an awareness of different perspectives.
  • To strengthen African participation in global digital trade and data governance discussion and decision-making forums

The Context

In February 2024, the 37th African Union Heads of State Summit formally adopted the African Continental Free Trade Area (AfCFTA) Protocol on Digital Trade. This historic agreement represents Africa’s first region-wide digital trade framework, spanning 54 countries and covering the world’s largest free trade area. It holds significant potential for establishing a unified, interoperable single digital market, which aligns with the African Union’s Agenda 2063 and Digital Transformation Strategy 2020 -2030. However, questions remain as to whether this potential is reflected in the Protocol on Digital Trade.

While the protocol itself has been ratified, negotiations are still underway regarding its eight annexes. These annexes cover critical issues, including Rules of Origin, Cross-Border Digital Payments, Cross-Border Data Transfers, the Criteria for Determining Legitimate Public Reasons for Disclosure of Source Code, Digital Identities, Financial Technology, Emerging and Advanced Technologies, and Online Safety and Security. The AfCFTA Protocol on Digital Trade will take effect once ratified in February 2025, after which member states will have five years to align their national laws with its requirements.

The goal of the current consultation is for participants to work towards consensus on how best to align these annexes with the principles of progressive data governance outlined in the African Union Data Policy Framework (AUDPF) adopted in 2022. By negotiating equitable measures in the Protocol on Digital Trade, participants can play a vital role in promoting a more inclusive, fair, and secure digital economy across the continent.

The Task

To produce a negotiated response to two annexes to the protocol from a multistakeholder African perspective. These will be Cross-Border Data Transfers, and the Criteria for Determining Legitimate Public Reasons for Disclosure of Source Code. If consensus can be achieved among participants, these priorities could be presented to the AfCFTA Secretariat.

Good Faith and Diversity within Stakeholder Groups

No matter which stakeholder group participants are part of, or whether they agree with one another or not, they should approach the consultation in good faith and with the assumption that they all share the goal of reaching an acceptable consensus. Stakeholder groups are also not homogenous. There can be as much diversity among views held by different people in different governments, or even among different departments in the same government, as there is between, for example, government and civil society. The same applies to civil society. Member of parliament come from different political parties, and represent different constituencies. Sometimes their priorities are the same, but sometimes they are not.

The Output Document

  • Its length, table of contents and format should ideally follow these guidelines:
  • Three to four pages maximum
  • It should respond to the task
  • Paragraphs will be numbered. Use of the sub-categories within each main section is optional.

Structure of the output document

Preamble: About the document

Section A: Data governance, the AfCFTA, and the AUDPF – general remarks

Section B: Challenges and concerns related to harmonising the Digital Protocol with the AU DPF.

Section C: Proposals and suggestions (can be addressed to specific actors or institutions)

Sharing the Output

This document will be considered for presentation to the 2024 African Internet Governance Forum and or to the AfCFTA Secretariat if all participants in the process agree to this.

However, it is the decision of participants how to proceed. In other words, even if consensus is not achieved by all stakeholder groups, participants can discuss if, and if so, how and with what framing the output can be shared. The organisers might also choose to share the output, or part of it, as part of the larger reporting on the event, without attributing its contents to any specific participant or group of participants.

Work Process

Refer to the programme of AfriSIG 2024

Stakeholder Groups

Participants will be randomly assigned to stakeholder groups and given roles. However, everyone is free to request a change in the group they have been assigned to, or the role they have been given.

  • Business
  • Civil society
  • Government
  • Members of Parliament
  • Technical community
  • Observers: Media, Research and academic community, Intergovernmental Organisations

Each stakeholder group needs to identify a rapporteur who will liaise with the Secretariat

Chairing and Secretariat Roles

Several of the faculty will have been asked to co-chair the practicum and play the role of the Secretariat. These roles will include chairing plenary sessions and working with the fellows to achieve consensus on an outcome without imposing their points of view. Their efforts will be coordinated by the Chair of the Practicum with the assistance of the co-Chair/s and the Secretariat.



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