ABSTRACT
The main aim of the study was to assess the implementation of the ECOWAS Protocol on free movement of persons, rights of residence and establishment. For this, the mixed method of data collection was used which formed the basic design for the study. Using the convenient method, 84 travellers and 30 officers were sampled to respond to structured questionnaires and semi interview questions respectively. Data was analysed using quantitative and qualitative methods and the results triangulated.
Results of the study indicated that most respondents do not have any knowledge of the ECOWAS Protocol whereas a few of the respondents affirmed to their having knowledge in the Protocol. Those who are familiar with the Protocol indicated that it is useful and that it is working for its purpose. Similarly, most respondents do not know how the implementation of the ECOWAS Protocol is done.
According to officers at the borders, one basic challenge facing them as border officials is the issue of language barrier. The sub-region is made up of Anglophone and Francophone countries. Ghanaian officials therefore find it difficult to communicate with travellers from other countries other than English speaking countries. Likewise, other officials like those at La Cote D’Ivoire have problems communicating with travellers from English speaking countries.
It was recommended that Officers that will be put at the borders should be those that could speak other foreign languages especially French and English. Those that will be on duty should always have at least one person among them who could speak such languages. This will facilitate effective communication. Authorities of member states should endeavour to have a common identification document and even common ECOWAS currency which will facilitate bilateral trade, thereby helping the Protocol achieve its objective of regional integration and trade.
CHAPTER ONE
Background to the study
INTRODUCTION
The issue of movement has turned into a typical wonder over the globe. Truth be told it is an overall ulcer that has made a few discussions particularly crossing the Mediterranean Sea to Europe. Keeping in mind the end goal to develop and accomplish concentrated financial, political and socio-social association inside and among state and non-state performing artists, there has been an expanded in the development of individuals crosswise over outskirts and in addition an expanded in intra and bury fringe and mainland development of people especially brokers of the ECOWAS sub districts. All inclusive the measurements propose that around three percent of the worldwide populace are transients (UN, 2006). Sadly the ECOWAS sub locale is no rejection in this appalling developing infection. As indicated by the United Nation’s report, out of the one hundred and ninety one transients everywhere throughout the world, around seven million of these individuals are accepted to have originated from the West Africa sub area (UN, 2006).
It is no questioning actuality that greater part of the nations over the globe experience movement and migration in different measurement in such a way, to the point that each state is characterized in view of the extent of non-natives who enter and leave a nation. Fundamentally most nations are sorted as travel nations because of the way that they get numerous non-natives who in the end move to different nations. Beginning from the 1980s, the point of global movement has increase substantially more fame particularly with respects relationship between nations significant worldwide affiliation that range from universal mammoths like the European Union, Southern Africa Development Community, Economic Community of West African States and what have you to the strong United Nation and its
impossible to miss offices and organizations for some reasons not overlooking the pickles of asylums and the consequence of work relocation on generally the economies of creating nations.
The West Africa sub region comprises of countries of immigration as well as emigration, and more importantly nation that serve as a transit route for migrants. In the West Africa sub region the countries with constant urge of migration includes Ivory Coast, Ghana and Nigeria in the early 1970s has been the major country receiving foreigners as migration was on the increase in Nigeria as a result of oil booms which was generating a lot of employment in the various sector of the economy (Aderanti, 2012). Mostly the major countries that export labour include Guinea, Mali, Togo, Senegal and Burkina Faso. However with regards to Senegal, the countries experiences a simultaneous situation in the sense that it experiences both, that is receiving labour and exporting them as well. Consequently, these migration procedures have seemly taken different dimension recently. Senegal for instance has taken on more responsibilities acting as a mediator or as a transit nation for foreigners seeking to enter the European countries. For some time back, Nigeria and Ghana have joined the mantel of exporting labour mainly due to the continuous wear down of the economy (Adepoju, 1988). However, quite recently, Ghana has experienced a flow of return migrants as the economic situation there continues to improve.
In 1979 somewhere around May, few years after the announcement of the agreement most countries have accepted a Protocol (Aderanti, 2012) in relation to the movement of persons freely as well as to reside and establish in other countries.
The ECOWAS association was inaugurated in the year 1975 in relation to the rising trends in business and trade as well as the need to exploit resources for the universal development of the West Africa sub region. Undeniably most countries in the sub region are confronted with
so many economic problems and socio cultural issues majority of which aroused after the gaining of independence and the situation was further coupled with deficit in infrastructural and weakness in the various economic sectors. There was therefore the need to draw various policies to arrest the various challenges. Fortunately the new economic procedures that emerged somewhere around the 1970s was to advocate and send a strong message which seeks to call for the togetherness of countries in other to tackle and arrest the economic issues more comprehensively. In that regard the new economic order aroused from the decline in the prices of petroleum products and more significantly unsustainable debt within the African States. (ECOWAS, 2008).
Coincidentally the process speeded the formation the various regional and sub-regional association such as the Economic Community of West African States, Southern Africa Development Community (SADC) and the Common Market for Eastern and Southern Africa (COMESA). In actual fact, ECOWAS was formed to boost the growth of the various economies and more importantly advocate for the security and peace among the various states. The idea or motive behind the formation of ECOWAS has been the fact that the challenges that confronted the sub-region could not be surmounted on an individual basis and it was important for states in the sub-region to come together for the difficult tasks that lay ahead.
The historical backdrop of financial incorporation as embraced by the establishing fathers of ECOWAS was inspired by the arrangement of the Southern Africa Custom Union (SACU) in 1910.2The development of ECOWAS was viewed as the main methodology in which the sub-area could graph a way of monetary advancement. The development of people openly and also merchandise and servicesas stipulated in Articles 2(2) and 27 give the system to development over the sub-district. The need to bring legitimate monetary advancement
development by ECOWAS brought about the proclamation of the Protocol on Free Movement of Persons, Goods and Services. Article (2) and Article 27 of the Protocol on the Free Movement of Persons, Goods and Services states entomb alia:
- The expulsion of custom obligations and different charges of comparable impact in regard of the import and fare of products as stipulated in Article 2(2).
- All residents of the part states will be viewed as network subjects and likewise part states attempt to nullify all deterrents to their opportunity of development and living arrangement inside the network (Article 27). This study subsequently looks to explore the usage of the ECOWAS Protocol on free development of people, privileges of home and foundation.
Problem Statement
In the immediate post-independence era, economic growth similar to that which existed in the Western industrialized countries was the desire of all the new African countries. Regional integration and cooperation was one of the strategies considered expedient in reaching this goal of economic development .On 28 May 1975, sixteen West African counties signed a treaty in Lagos, Nigeria, establishing the ECOWAS. This treaty was intended to strengthen cooperation among nation within the sub regions of the West Africa States. The strategy was to promote intraregional trade and move goods and services as well as capital and persons freely within the member countries as well the privilege to reside and establish within the member countries. Few years following the birth of the ECOWAS in1979 a Protocol was introduced to consolidate the freedom of movement of people. The first phase of the Protocol which came into effect somewhere in the 1980 assured citizens entering freely into member countries without visa for ninety days. The second stage of the Protocol which covers the privilege to reside in member country came into effect somewhere in July 1986 which all
members accepted in good faith. Despite this effort the right to establishment is yet to be made effective. (Ghana News Agency, 2011).
With the coming into force of both the 1979 treaty and the revised treaty of 1993, countries who were members stopped the demand for visa and other travelling documents necessary for travelling to other countries. The implication of this is that citizens of countries who are members of ECOWAS and have the necessary documents for travelling and at the same time have accurate health certificate which merit international standard can live in other West Africa states up to 90 days (Lamy, 2011). Article 4 is the only legal basis for restricting movement under the free movement Protocol. Article 4 basically gives member states the right to deny entry to community citizens if in their estimation, such citizens would create problems in their host states.
Agyei and Clottey (2007) have cited various reasons that hinder the free movement Protocol. Some of these reasons include xenophobia, ignorance of the Protocol and extortion at the various borders. These problems identified by Agyei and Clottey (2007) gives a hint that the intended objectives of the Protocol have not been met or that the Protocol is facing some challenges. Article 4 was developed to secure the economies of the national as well as control migration. Article 4 therefore remains a threshold which members reserved to themselves under the Protocol. For instance, in countries like that of Togo, Benin, Niger and Burkina Faso are nations who formally enjoys a total liberty to refuse potential foreigners who happens to be migrants without reasons or need to explanations.
