ECOWAS PROTOCOL ON FREE MOVEMENT OF PERSONS, RESIDENCE AND ESTABLISHMENTS: IMPLICATIONS FOR WEST AFRICAN SECURITY 1999-2018

CHAPTER ONE

INTRODUCTION

1.1       Background to the Study

            The treaty establishing the economic community of West African States (ECOWAS) was signed in Lagos, on May 28, 1975. The formation of ECOWAS signifies a high level of multilateral economic integration in the West African sub-region (Okuntola, 2008). The implementation of regional co-operation agenda and the establishment of an economic union of West Africa are seen by the drafters of the treaty as a means of solving the myriad problems of underdevelopment of the sub-region and the broader Africa which include: poverty, poor living standards; weak and unstable economies (Nwoke, 2005).

            ECOWAS as a regional economic integration organization emphasizes the fusion of the national markets and the co-ordination of economic policies of member states for larger sub-regional economic advancement through, among other things, the removal of obstacles to the free movement of persons, goods, services and capital (Okuntola, 2008). Article 27 of the community treaty states that:

Citizens of member states shall be regarded as community citizens and accordingly member states undertake to abolish all obstacles to their freedom of movement and residence within the community. Member states shall, by agreement with each other, exempt community citizens from holding visitors visa and residence permits and allow them to work and undertake commercial and industrial activities with their territories (ECOWAS Treaty, 1975; Article 27).

            The drive for regional integration cooperation among member states brought about existence of ECOWAS protocol on free movement of persons, residence and establishment which granted ECOWAS citizens the right to free entry and exist within any ECOWAS states for  a maximum of 90 days and at the expiration of the ninety (90) day he or she wishes to continue his or her stay, can apply for more days without any valid documents this was done in order to promote regional cooperation and a borderless sub-region

            By the provision of the treaty the community aims at creating a regional market of 16 member state for about 300 million consumers (Dokubo, 2014). Hence, the ECOWAS objectives clearly show that the sub-region is determined to speed up socio-economic development of the region as reaction to its shortcomings in global economy. For the members of ECOWAS, the community provides a unique opportunity for them to unite and co-operate and build up their economic power in order to reduce their external dependence and develop the West Africa Sub-region (Okuntola, 2008; Asante, 2000).

            The fundamental objective of the organization therefore, is to facilitate co-operation and development in the area of economic activity, most importantly, in the areas of industry, transport, telecommunications, energy, agriculture, natural resources, commerce; monetary and financial matters and socio-cultural matters for the purpose of raising the standard of living of the ECOWAS citizens, increasing and maintaining economic stability in the region as well as, fostering closer relations among its member states, and in turn, contributing to the progress and development of the African continent (ECOWAS Treaty, 1975; Article 2). It is against this backdrop that the ECOWAS Protocol  (A/P.1//5/79) on Free Movement of Persons and the Right of Residence and Establishment was drafted in May 29, 1970 as a means of facilitating the achievement of the set objectives of the regional organization. consequently, the first phase of the protocol, the protocol on free movement of persons, goods and services was ratified in 1980 and national committees were set-up in member states to monitor and ensure the implementation of the protocol.

            The ECOWAS protocol on the Free Movement of people and goods ensures free mobility of the community citizen i.e. citizen of member states. The protocol on free movement conferred on community citizens the right to enter and reside in the territory of any other member state, provided they have a valid travel document and International health certificate. However, it also give member state the right to neglect admission to any community citizens who were inadmissible under the member state’s own local law. The four supplementary protocols adopted between 1985 and 1990 committed member states, among other things, to: provide valid travel document to their citizens; grant community citizens the right residence for the sole purpose of seeking and carrying out income-earning employment; to ensure accurate treatment for persons being expelled; not to deport community citizens masse; reduce the grounds for individual deportation to reasons of national security; public order or morality; public health or non-fulfillment of an essential condition of residence.

            The major features of the four supplementary protocols are;

            The 1985 supplementary protocol A/SP.1/7/85 on the code of conduct for the implementation of the protocol on Free Movement of Persons, the Right of Residence and Establishment.

• Obliges member states to provide valid travel documents to their citizens (Article 2(1))
• Establishes additional (to Article 11 of Protocol) requirements for treatment of persons being expelled (Article 4)
• Enumerates protections for illegal immigrants (Articles 5 and 7).

1986 Supplementary Protocol A/SP.1/7/86 on the Second Phase (Right of Residence)

• Requires states to grant to community citizens who are nationals of other member state “the right of residence in its territory for the purpose of seeking and carrying out income earning employment” (Article 2)
• Conditions entitlement to residence (and thus seeking and carrying out of income earning employment) on possession of an ECOWAS
• Residence Card or Permit (Article 5) and harmonization by member states of rules appertaining to the issuance of such cards/permits (Article 9)
• Prohibits expulsion en masse (Article 13) and limits grounds for individual expulsion to national security, public order or morality, public health, non-fulfillment of essential condition of residence (Article 14)
• Stipulates equal treatment with nationals for migrant workers complying with the rules and regulations governing their residence in areas such as security of employment, participation in social and cultural activities, re-employment in certain cases of job loss and training (Article 23)

1989 Supplementary Protocol A/SP.1/6/89 amending and complementing the provisions of Article 7 of the Protocol on Free Movement, Right of residence and Establishment;

• Amends provisions of Article 7 of protocol to confirm obligation on signatories to resolve amicably disputes regarding the interpretation and application of the Protocol (Article 2)

1990 Supplementary Protocol A/SP.2/5/90 on the Implementation of the Third Phase (Right to Establishment);

Defines the right of establishment emphasizing non-discriminatory treatment of nationals and companies of other member states except as justified by exigencies of public order, security or health (Articles 2-4)

Forbids the confiscation or expropriation of assets or capital on a discriminatory basis and requires fair and equitable compensation where such confiscation or expropriation (Article 7)

            However the establishment of ECOWAS protocol on free movement, residence and establishment in 1979 has not been fully implemented by member states. ECOWAS citizens while migrating still undergo rigorous and harsh scrutiny by member states security agencies and this leads to ineffectiveness of the protocol. Esekumenu (2014), expressed that some issues affecting the application of the protocol are as a result of the political instability in member states, terrorism, trans-border crimes, poverty, underdevelopment, proliferation of small and light weapons among other have prevented the full application of the protocol.

            According to Ike (1999), ECOWAS commissioner for trade stated that ECOWAS vision of a borderless region, integrating and creating a single currency union which can be achieved through regional cooperation and integration among member states. He however stated that the inter-state boundaries are still barriers to free movement, noting that ECOWAS citizens go through stress and pain while crossing borders, and even though visa entry has been abolished travelers are still harassed illegally by customs and police force which has led to various economic loss.

            While States still faces challenges in the full implementation of the protocol on free movement in ECOWAS, non-state actors engaged in illicit activities have been exploiting the protocol in pursue of their interest. This is a major challenge that remains unaddressed in the literature on regional integration in West Africa. Therefore, this study to investigate how the mechanisms punt in place by ECOWAS member States to promote free movement impacts on regional security in West Africa.