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Establishing the Link: How Human Rights Preservation Impacts AGOA Eligibility

Milkee Bekele Headshot

Africa鈥檚 collaboration with the United States has been important to underpinning Africa鈥檚 growing importance in the ever-expanding global trade network. Since 2000, the cornerstone of US-Africa trade and investment has been the African Growth and Opportunity Act (AGOA). Leading up to the 20th AGOA Forum in November 2023, President Biden announced US decisions to for Uganda, Gabon, Niger, and the Central African Republic (CAR). With myriad human rights violations in these four countries mounting further, their expulsions marked the removal of accountability measures that might have sustained economic security, harming the people AGOA is intended to help, and pushing these countries to seek economic help from harmful actors like Russia鈥檚 Wagner Group.听

President Biden听 that he took these decisions due to the 鈥済ross violations of internationally recognized human rights鈥 and 鈥渇ailed establishment of the rule of law鈥 in these countries. 听His decisions follow coups in听 补苍诲听, a听, and an anti-LGBT law听passed in Uganda earlier in 2023.

Through AGOA eligibility, 35 African countries enjoy duty free access to the US market for听听and unwarranted access to听. These preferences support听听in Africa and the United States. But to maintain their听听African countries must support the protection of human rights and democracy as well as meet other criteria. These privileges thus create a marriage of sorts between economic security, democracy, and human rights.听 The terminations of AGOA preferences for Uganda, Niger, Gabon, and CAR were intended to uphold this relationship.

Understanding the role that Uganda, Niger, Gabon, and CAR have in Africa鈥檚 economic growth is crucial to appreciating the significance of the US decision to terminate their AGOA preferences. Among those expelled from AGOA,听听indicates that CAR will be the least impacted due to its meager exports to the US, just $881,000 in 2022. Data also shows that during that same 2022 period, US exports amounted to听听in Gabon, Niger, and Uganda respectively.

Since Uganda first enjoyed AGOA privileges in 2000,听听annually through apparel exports, and most recently in 2022, Uganda鈥檚 earnings from textile exports grew from $7.7m to $9.1m. Although its export market is not heavily dependent on the US 补苍诲听Uganda鈥檚 AGOA expulsion will have a marginal impact听on its economy, it does directly impact the听l of thousands of cotton, coffee, and vanilla traders that have been at the heart of the trade program.

Ongoing Violations Leading to AGOA Expulsion听

The countless human rights violations that have been perpetrated under听, as well as the arrests and abuses conducted by听, underscore the important link between the preservation of human rights and economic security in Africa.

Uganda鈥檚 anti-LGBT law was roundly condemned by听听following increasing reports of violence and discrimination against those perceived to be part of the LGBTQIA+ community. Biden asserted that the new law 鈥渏eopardizes the prospects of critical economic growth for the entire country鈥.听Various officials have intimated that Uganda has no immediate plans for regaining duty-free access to the US market, with听Ugandan President听Yoweri Museveni听 stating publicly that,听"as far as Uganda is concerned, we have the capacity to achieve our growth and transformation targets, even if some of the actors do not support us."

Unlike Uganda, CAR lost its AGOA preferences in听 and had them reinstated in 2016. The country鈥檚 prior long absence from the AGOA club perhaps foreshadows a similar lengthy period before CAR receives such US preferential treatment again.听

Factional infighting in CAR has impacted听 of its population.听Additionally, Yoa Agbeste, a UN independent expert on CAR for the human rights division of the United Nations Multidimensional Integrated Stabilization Mission in the CAR (MINUSCA), has documented 483 human rights and humanitarian law violations that 听1,300 civilians in CAR. 鈥淕overnment forces were responsible for arbitrary arrests and detentions, violations of the right to life, physical and mental integrity, and abuses at roadblocks,鈥澨

Direction of Termination

The ongoing humanitarian and human rights crises occurring in Gabon, Niger, and CAR has opened their civilian populations to a multitude of political and economic threats that may now be worsened by their AGOA expulsions.

As of 2022, prior to the coup in August, Gabon鈥檚 previous President听Ali Bongo Ondimba had been adamant about his desire to implement political and economic reforms in one of the sub-region's highest per capita income countries. However, following the COVID-19 pandemic, unemployment rates increased, with听. Despite the country鈥檚 high per capita income, income听, one that is especially harming to the livelihoods of those employed in the oil and gold industries.

In a peacebuilding context, US presence in听 remains deeply contentious as junta leaders鈥 rhetoric continues to exploit anti-France, anti-UN, and anti-US sentiments. 听Within this context of rising bilateral tensions, Russian elements, such as the Wagner Group, have positioned themselves well visa-a-vis the armed forces in the Sahel region. In CAR, Russian鈥檚 paramilitary forces are actively engaged with the Central African Armed Forces,听 and inhumane treatment of the civilian population and state officials.听

A cornerstone of the AGOA act is to ensure that African nations grow their economies, but it is also a听 Now more than ever, AGOA can be a valuable tool for economic security and for civilians to fight against other forces of insecurity and violence cultivated internally and externally. With deep socio-economic vulnerability,听 its natural resources to pay for Russian support. Niger, a country with a similar socio-economic position and growing Russian presence, may also strike a similar bargain.听

Now more than ever, AGOA can be a valuable tool for economic security and for civilians to fight against other forces of insecurity and violence cultivated internally and externally. "

AGOA Relevance in Ailing Turbulence听

There is no doubt that AGOA expulsion results in significant increases in unemployment rates, as seen in 2022 after听 lost their jobs when Ethiopia was expelled from AGOA.听The US must reexamine its AGOA review process to include civil society organizations and input from the laborers that AGOA relies on. This would ensure a localized effort to sustain human rights conditionalities of AGOA. Additionally, AGOA should implement a series of response mechanisms to violations that remove expulsion as a first and final step. Instead AGOA should provide a multi-level approach that seeks to tackle the economic and peacebuilding infrastructures that initially led to the violation of the AGOA human rights conditionalities.听

It is crucial to contextualize the impacts of AGOA on a national level, so that AGOA decision makers avoid harming those most impacted by political turbulence. AGOA is a tool through which local populations and those enduring human rights abuses can gain economic leverage to push back against military aggression and the undermining of human rights.听

As听 by Witney Schneidman, a former deputy assistant US Secretary of State of African Affairs, 鈥渨hen a country is denied AGOA benefits, it hurts the very people the US wants to help and does little to penalize those responsible for the decisions that lead to coups, conflicts or human rights abuses.鈥澨


Milkee Bekele was a Staff Intern with the Stafford Capacity Building Internship at 澳门六合彩 Africa Program for the Fall 2023 term. She is currently a senior at Macalester College studying International Studies and Anthropology.听

The opinions expressed on this blog are solely those of the author. They do not reflect the views of 澳门六合彩 or those of Carnegie Corporation of New York. 澳门六合彩's Africa Program provides a safe space for various perspectives to be shared and discussed on critical issues of importance to both Africa and the United States.

About the Author

Milkee Bekele Headshot

Milkee Bekele

Former Staff Assistant Intern
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Africa Program

The Africa Program works to address the most critical issues facing Africa and US-Africa relations, build mutually beneficial US-Africa relations, and enhance knowledge and understanding about Africa in the United States. The Program achieves its mission through in-depth research and analyses, public discussion, working groups, and briefings that bring together policymakers, practitioners, and subject matter experts to analyze and offer practical options for tackling key challenges in Africa and in US-Africa relations. 听  Read more