Africa-Press – Angola. The Secretary of State for Commerce, Amadeu Leitão Nunes, reiterated today, in Luanda, Angola’s firm engagement in the operationalization, implementation and appropriation process of the African Continental Free Trade Zone – AfCFTA.
Speaking at the opening of the 9th Meeting of the AfCFTA Dispute Resolution Body, he underlined that the process of its implementation is challenging, mainly for those States with greater vulnerabilities in terms of internal structures, which can quickly respond to the increase in demand for goods, services and processes, almost immediately.
Regarding the meeting, he stressed that the Protocol on the Settlement of Disputes, a mechanism established through Article 20 of the Framework Agreement, appears as a fundamental instrument to guarantee the necessary security and legal predictability.
He added that they are essential aspects for decision-making by economic operators and investors, in relation to the use of a given market.
He stressed that there are completely progressive aspects in terms of arbitration, granting the necessary regional appropriation and harmonization of the Arbitration Rules and Procedures, with jurisdiction for the resolution of issues related to the application and interpretation of any AfCFTA legal instrument.
In his opinion, the harmonization of concepts, the introduction of innovative and conciliatory methods for the resolution of commercial disputes, between States, conciliation and mediation, or arbitration, consistent with the provisions and principles of the Agreement, allows an internal appropriation of the processes, favorable to the implementation of obligations, both in trade in goods and in trade in services.
He stressed that, in the specific case of Angola, voluntary arbitration has been established, materializing the provisions of paragraph 4 of article 174 of the Constitution, which determines the existence of extrajudicial means of settling disputes.
It noted that the legal regime for voluntary arbitration is defined by Law No. 16/03, of 25 July, which determines as a “ conditio sine qua non” for arbitration, the existence of an arbitration agreement, which may take the form of an arbitration clause, if inserted in a contract, or arbitration commitment.
He assured that “ad hoc” and institutional arbitration is recognized in the country, and among the arbitration institutions that exist, the Center for Extrajudicial Dispute Resolution stands out, as a public initiative center, belonging to the Ministry of Justice and Human Rights Humans.
He added that in terms of private centers, the country has only one, the Harmonia Arbitration Center.
“Although several business associative institutions provide for arbitration centers in their statutes, these are not yet in operation, as is the case of the arbitration centers of the Chamber of Commerce of Angola and the Association of Industries of Angola”, he reinforced.
According to the Secretary of State, these institutions will allow, over time, a greater insertion of Angola in the arbitration process on the continent, and soon we will also have to indicate our representatives for the Tentative List for Dispute Resolution Panels, in compliance with Article 10 of the ENT Protocol.
The 9th Meeting of the Dispute Settlement Body of the African Continental Free Trade Area – AfCFTA will take place from March 20th to 24th, with the aim of putting the dispute resolution mechanism into operation, through the updating of the indicative list of panel members, consideration and adoption of the ministerial regulation on the working conditions of the members of the appellate body.
During the meeting, the 5 members of the Appellate Body will be sworn in by the Assembly of Heads of State and Government of the African Union, something that the Secretary of State considered as a clear signal for the operationalization of one of the most crucial instruments from ZCLCA.
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