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Ideas · Continental free trade (AfCFTA)
Reform · Regional

The AfCFTA Protocol on Investment, adopted but not shown in force

Record AFR-T-0005 · draft, not yet reviewed by a person

Status by track

LegalApproved · 19 Feb 2023sources checked 27 Oct 2026

The AU Assembly adopted the Protocol on 19 February 2023, by its own text. It enters into force thirty days after the twenty-second ratification. No source read gives the number of ratifications or says it has entered into force; the Assembly in February 2026 urged member states to ratify it by the end of 2026. South Africa's trade minister said in May 2025 that South Africa would ratify it once its annexes are adopted. Once in force, the Protocol would terminate bilateral investment treaties between State Parties within five years.

  • Protocol on Investment · 19 Feb 2023
    "ADOPTED BY THE 36TH ORDINARY SESSION OF THE ASSEMBLY, HELD IN ADDIS ABABA, ETHIOPIA, ON 19 FEBRUARY 2023" "ADOPTED BY THE 36TH ORDINARY SESSION OF THE ASSEMBLY, HELD IN ADDIS ABABA, ETHIOPIA, ON 19 FEBRUARY 2023"Protocol to the Agreement Establishing the African Continental Free Trade Area on Investment · closing line, printed p.30 / PDF p.31 of 32 · 19 Feb 2023not yet checked by a personChecked by machine match from a GitHub Actions runner, 27 Oct 2026: word for word in the text extracted from the source (docs/notes/afcfta-sources-2026-10-27.md); not yet checked by a person
    Protocol to the Agreement Establishing the African Continental Free Trade Area on Investment · closing line, printed p.30 / PDF p.31 of 32 · not yet checked by a person
  • ratification by member states (the Assembly's deadline) · target: by the end of 2026
    the Assembly "STRONGLY URGES Member States to ratify the AfCFTA Protocols on Investment, Competition Policy, Intellectual Property Rights, Digital Trade, and Women and Youth in Trade by the end of 2026" the Assembly "STRONGLY URGES Member States to ratify the AfCFTA Protocols on Investment, Competition Policy, Intellectual Property Rights, Digital Trade, and Women and Youth in Trade by the end of 2026"Decision on the report of the first meeting of the Assembly Committee of Heads of State and Government on the implementation of the AfCFTA, Assembly/AU/Dec.975(XXXIX) · paragraph 5, PDF p.1 of 5 · target: by the end of 2026not yet checked by a personChecked by machine match from a GitHub Actions runner, 27 Oct 2026: word for word in the text extracted from the source (docs/notes/afcfta-sources-2026-10-27.md); not yet checked by a person
    Decision on the report of the first meeting of the Assembly Committee of Heads of State and Government on the implementation of the AfCFTA, Assembly/AU/Dec.975(XXXIX) · paragraph 5, PDF p.1 of 5 · not yet checked by a person
  • South Africa's ratification (stated plan) · target: expected by 2027
    "Ratification of Protocol on Investment and Protocol on Intellectual Property Rights pending finalisation of the Annexes and adoption by the AU Summit"; the annexes "will be submitted for ratification by SA Parliament once adopted by the African Union Heads of State and Government (expected by 2027)" "Ratification of Protocol on Investment and Protocol on Intellectual Property Rights pending finalisation of the Annexes and adoption by the AU Summit"; the annexes "will be submitted for ratification by SA Parliament once adopted by the African Union Heads of State and Government (expected by 2027)"Reply to question NW640, Minister of Trade, Industry and Competition (National Assembly) · reply text, list of outstanding items · target: expected by 2027not yet checked by a personChecked by machine match from a GitHub Actions runner, 27 Oct 2026: word for word in the text extracted from the source (docs/notes/afcfta-sources-2026-10-27.md); not yet checked by a person
    Reply to question NW640, Minister of Trade, Industry and Competition (National Assembly) · reply text, list of outstanding items · not yet checked by a person
Not established
  • How many states have ratified the Protocol, and whether it has entered into force. Not found in the sources read.
  • The Secretary-General's July 2025 report dates the Protocol's adoption to February 2024 (see the record's evidence); the Protocol's own text and tralac give February 2023. The text is taken as authoritative here.
RulesDrafted · 2025sources checked 27 Oct 2026

An annex on preventing and settling investment disputes was still being negotiated in July 2025, with five member states asking for investor-state arbitration to be included. The Assembly had set February 2026 for finishing it. The Council of Ministers' press release of July 2026 still lists it as outstanding.

  • Draft Annex on the Rules and Procedures for the Prevention, Management, and Resolution of Disputes · 2025
    "Negotiations for the Draft Annex on the Rules and Procedures for the Prevention, Management, and Resolution of Disputes to the Protocol on Investment are ongoing. While significant progress has been made, a request by 5 Member States on the inclusion of Investor-State Arbitration (ISDS) in the Annex constitutes an area of ongoing negotiations." "Negotiations for the Draft Annex on the Rules and Procedures for the Prevention, Management, and Resolution of Disputes to the Protocol on Investment are ongoing. While significant progress has been made, a request by 5 Member States on the inclusion of Investor-State Arbitration (ISDS) in the Annex constitutes an area of ongoing negotiations."Progress report on the implementation of the African Continental Free Trade Area (AfCFTA) to the Executive Council, EX.CL/1625(XLVII) · paragraph 48, printed p.9 / PDF p.11 of 18 · 2025not yet checked by a personChecked by machine match from a GitHub Actions runner, 27 Oct 2026: word for word in the text extracted from the source (docs/notes/afcfta-sources-2026-10-27.md); not yet checked by a person
    Progress report on the implementation of the African Continental Free Trade Area (AfCFTA) to the Executive Council, EX.CL/1625(XLVII) · paragraph 48, printed p.9 / PDF p.11 of 18 · not yet checked by a person
  • Draft Annex on the Rules and Procedures for the Prevention, Management, and Resolution of Disputes · target: by its next session in February 2026
    the Assembly "directed the Council of Ministers to finalise negotiations on the Annex" by "its next session in February 2026" the Assembly "directed the Council of Ministers to finalise negotiations on the Annex" by "its next session in February 2026"Progress report on the implementation of the African Continental Free Trade Area (AfCFTA) to the Executive Council, EX.CL/1625(XLVII) · paragraph 48, printed pp.9-10 / PDF pp.11-12 of 18 · target: by its next session in February 2026not yet checked by a personChecked by machine match from a GitHub Actions runner, 27 Oct 2026: word for word in the text extracted from the source (docs/notes/afcfta-sources-2026-10-27.md); not yet checked by a person
    Progress report on the implementation of the African Continental Free Trade Area (AfCFTA) to the Executive Council, EX.CL/1625(XLVII) · paragraph 48, printed pp.9-10 / PDF pp.11-12 of 18 · not yet checked by a person
  • Draft Annex on the Rules and Procedures for the Prevention, Management, and Resolution of Disputes · undated
    "A limited number of legal instruments remain under negotiation — notably an outstanding Annex to the Investment Protocol and a remaining Annex to the Protocol on Intellectual Property Rights — which State Parties are working to finalise." "A limited number of legal instruments remain under negotiation — notably an outstanding Annex to the Investment Protocol and a remaining Annex to the Protocol on Intellectual Property Rights — which State Parties are working to finalise."AfCFTA Council of Ministers concludes 18th Meeting in Abuja (press release) · press release, second paragraphnot yet checked by a personChecked by machine match from a GitHub Actions runner, 27 Oct 2026: word for word in the text extracted from the source (docs/notes/afcfta-sources-2026-10-27.md); not yet checked by a person
    AfCFTA Council of Ministers concludes 18th Meeting in Abuja (press release) · press release, second paragraph · not yet checked by a person
Not established
  • Whether the five member states' request for investor-state arbitration has been settled. The July 2026 release does not say what remains open.

Evidence

  • the Secretary-General's account of the adoption date
    "The AfCFTA Protocol on Investment is a binding legal instrument adopted in February 2024." "The AfCFTA Protocol on Investment is a binding legal instrument adopted in February 2024."Progress report on the implementation of the African Continental Free Trade Area (AfCFTA) to the Executive Council, EX.CL/1625(XLVII) · paragraph 47, printed p.9 / PDF p.11 of 18not yet checked by a personChecked by machine match from a GitHub Actions runner, 27 Oct 2026: word for word in the text extracted from the source (docs/notes/afcfta-sources-2026-10-27.md); not yet checked by a person
    Progress report on the implementation of the African Continental Free Trade Area (AfCFTA) to the Executive Council, EX.CL/1625(XLVII) · paragraph 47, printed p.9 / PDF p.11 of 18 · not yet checked by a person
  • entry into force
    "This Protocol shall enter into force in accordance with the provisions of paragraphs 2 and 4 of Article 23 of the AfCFTA Agreement." "This Protocol shall enter into force in accordance with the provisions of paragraphs 2 and 4 of Article 23 of the AfCFTA Agreement."Protocol to the Agreement Establishing the African Continental Free Trade Area on Investment · Article 48(2), printed p.28 / PDF p.29 of 32not yet checked by a personChecked by machine match from a GitHub Actions runner, 27 Oct 2026: word for word in the text extracted from the source (docs/notes/afcfta-sources-2026-10-27.md); not yet checked by a person
    Protocol to the Agreement Establishing the African Continental Free Trade Area on Investment · Article 48(2), printed p.28 / PDF p.29 of 32 · not yet checked by a person
  • entry into force (the Agreement's rule for the Protocol)
    "The Protocols on Investment, Intellectual Property Rights, Competition Policy and any other Instrument within the scope of this Agreement deemed necessary, shall enter into force thirty (30) days after the deposit of the twenty second (22nd) instrument of ratification." "The Protocols on Investment, Intellectual Property Rights, Competition Policy and any other Instrument within the scope of this Agreement deemed necessary, shall enter into force thirty (30) days after the deposit of the twenty second (22nd) instrument of ratification."Agreement Establishing the African Continental Free Trade Area (consolidated text) · Article 23(2), PDF p.15 of 78not yet checked by a personChecked by machine match from a GitHub Actions runner, 27 Oct 2026: word for word in the text extracted from the source (docs/notes/afcfta-sources-2026-10-27.md); not yet checked by a person
    Agreement Establishing the African Continental Free Trade Area (consolidated text) · Article 23(2), PDF p.15 of 78 · not yet checked by a person
  • bilateral investment treaties between State Parties
    "Existing bilateral investment treaties concluded between the State Parties shall be terminated within five (5) years from the entry into force of this Protocol." "Existing bilateral investment treaties concluded between the State Parties shall be terminated within five (5) years from the entry into force of this Protocol."Protocol to the Agreement Establishing the African Continental Free Trade Area on Investment · Article 49(1), printed p.28 / PDF p.29 of 32not yet checked by a personChecked by machine match from a GitHub Actions runner, 27 Oct 2026: word for word in the text extracted from the source (docs/notes/afcfta-sources-2026-10-27.md); not yet checked by a person
    Protocol to the Agreement Establishing the African Continental Free Trade Area on Investment · Article 49(1), printed p.28 / PDF p.29 of 32 · not yet checked by a person

Blockers

Institutions named

A role is shown only where a quoted source says what the institution does on this reform.

Reach: 0 cross-border links, 1 blockers, 3 institutions in 2 countries or bodies. Counted from the records.