Recalibrating the Regulation of Trade in Agriculture Under the African Continental Free Trade Agreement to Realise the Human Right to Food

The chapter delves into the regulation of trade in agriculture under the African Continental Free Trade Agreement (AfCFTA) and its potential impact on the human right to food. It critically examines the liberal model adopted by the AfCFTA, which aims to boost intra-African agricultural trade by eliminating tariffs and non-tariff barriers. The chapter explores three key economic arguments that support this liberal approach: the theory of comparative advantage, the moral necessity to distribute food from surplus to deficit regions, and the food security risks associated with restricting trade. However, it also highlights the shortcomings of these arguments, particularly their failure to account for the unique challenges faced by African countries with fragile economies. The chapter argues that the current liberal model may not be conducive to achieving food security and the human right to food in Africa. To address this, it proposes several measures, including the implementation of variable geometry to accommodate the diverse agricultural development levels of African countries, the negotiation of a specialized agricultural treaty under the AfCFTA, and increased investment in agriculture. The chapter concludes that while the AfCFTA's liberal model has the potential to boost food security, it needs to be tempered with these measures to ensure that it benefits all African countries and contributes to the realization of the human right to food.