The Role of Human Rights Commissions in Ensuring Comprehensive Human Rights Considerations in the AfCFTA

I have been thinking about how the African Continental Free Trade Area (AfCFTA) can either be a boon or a bane to human rights protection. The nexus between trade and human rights has long been undermined, often sidelined in favour of economic growth and development. However, it is imperative to recognize that trade policies and agreements like the AfCFTA can significantly impact human rights positively and negatively.

On the one hand, the AfCFTA promises to boost intra-African trade, create jobs, and enhance economic opportunities, leading to improved living standards and the realization of economic and social rights. For instance, increased trade can lead to better access to essential goods and services, including food, healthcare, and education, thereby contributing to the overall well-being of individuals and communities. However, the AfCFTA could exacerbate inequalities and human rights violations if not carefully managed. The rapid expansion of industries and trade infrastructure could lead to environmental degradation, affecting the right to a healthy environment. Furthermore, without strong labour protections, there is a risk of exploitative working conditions and violations of workers' rights, as seen in other regions with similar trade agreements.

Human Rights Commissions (HRCs) in Africa, including the Zimbabwe Human Rights Commission (ZHRC), have a crucial role to play in ensuring that the implementation of the AfCFTA includes comprehensive human rights protections. These protections should not only cover political rights but also encompass socioeconomic rights, such as the rights to health, education, and decent work. The ZHRC, established under section 242 of the Constitution of Zimbabwe, is mandated to protect, promote, and enforce human rights. It is operationalized by the Zimbabwe Human Rights Commission Act Chapter 10:30, which emphasizes the commission's commitment to human rights and administrative justice.

HRCs can advocate for the inclusion of human rights clauses in AfCFTA agreements. By leveraging their mandate, commissions can ensure that trade policies do not infringe upon the rights of individuals and communities. This advocacy can take the form of policy recommendations, participation in negotiations, and collaboration with governmental and non-governmental organizations to ensure that human rights are a fundamental consideration in all trade-related agreements. For instance, they can lobby for labour standards that protect workers from exploitation and ensure fair wages.

Moreover, HRCs can monitor and report on the human rights impacts of AfCFTA implementation. Through systematic data collection, investigations, and reporting, these commissions can identify potential human rights violations that may arise from increased trade activities. Issues such as labour rights, environmental degradation, and displacement of communities can be scrutinized to ensure that trade benefits do not come at the expense of human rights. For example, the ZHRC can conduct assessments and release reports on how new trade practices affect local communities, particularly vulnerable groups.

Education and awareness-raising are also vital roles for HRCs. By educating both the public and policymakers about the human rights implications of trade policies, HRCs can foster a culture of respect for human rights within the context of the AfCFTA. Workshops, seminars, and public campaigns can be employed to highlight the importance of integrating human rights into trade agreements. This helps ensure that all stakeholders are aware of their rights and the potential impacts of trade policies.

Furthermore, HRCs can provide a platform for affected individuals and communities to voice their concerns. By facilitating dialogue and engagement between stakeholders, these commissions can ensure that the perspectives of those most impacted by trade policies are heard and considered. This participatory approach not only promotes transparency but also strengthens the legitimacy and fairness of trade agreements. The ZHRC, for example, can organize forums where traders and community members discuss their experiences and challenges, ensuring their voices inform policy adjustments.

In addition, HRCs can collaborate with regional and international human rights bodies to advocate for human rights-friendly trade policies. By forming alliances with entities such as the African Commission on Human and Peoples' Rights and the United Nations Human Rights Council, HRCs can amplify their efforts and ensure that human rights are prioritized on a larger scale.

Are Human Rights Commissions even part and parcel of the negotiators of AfCFTA protocols? I do not know, but I wish they are. Their involvement would ensure that human rights considerations are integrated from the outset, making trade agreements more inclusive and fair.

In conclusion, while the AfCFTA holds great potential for economic development in Africa, it is essential to ensure that human rights considerations are not overlooked. Human Rights Commissions, such as the Zimbabwe Human Rights Commission, have a pivotal role in advocating for the protection and promotion of human rights within the framework of the AfCFTA. By doing so, they can help create a trade environment that respects and upholds human rights, contributing to more just and equitable economic development across the continent.