SIHMA at the African Union Free Movement Protocol (FMP) Consultation Meeting
On August 1st-2nd, SIHMA took part in the Free Movement Protocol (FMP) Consultation Meeting, a conference organized by the African Union and fundend by the European Union about the implementation of the Free Movement Protocol, which was officially adopted by the community in 2018. The main discussions of the conference focused on the challenges and opportunities for the ratification and the implementation for FMP in the regions whose countries have already signed it, as well as the strategies to advance the ratification and the technical implementation of the protocol in countries that have not approved it yet.
What is the Free Movement protocol (FMP) of the African Union?
The concept of free movement in Africa, deeply embedded in nationalist movements long before the formation of the Organization of African Unity, has always been central to the African integration agenda. This principle gained further momentum between 1980 and 2000, driven by the Lagos Plan of Action for the Economic Development of Africa, which envisioned an African common market. In 1991, the Treaty Establishing the African Economic Community formalized this vision, making it a legally binding commitment for African Union (AU) Member States. Most AU countries (33 out of 55) have signed this treaty, affirming their intention to support a protocol that advances the free movement of persons. Regional economic communities (RECs) have also made strides in implementing policies to promote free movement. In 1979, the Economic Community of West African States (ECOWAS) enacted the Protocol on Free Movement of Persons and the Right of Residence and Establishment, allowing citizens of member countries to travel visa-free for up to 90 days. Similarly, the East African Community (EAC) has taken substantial steps, with Kenya, Uganda, and Rwanda permitting their citizens to move freely among them. Other RECs, such as the Southern African Development Community (SADC), the Common Market for Eastern and Southern Africa (COMESA), the Intergovernmental Authority on Development (IGAD), the Community of Sahelo-Saharan States (CEN-SAD), the Economic Community of Central African States (ECCAS), and the Arab Maghreb Union (AMU), are actively considering or have adopted frameworks to enable free movement within their regions.
In a move that reinforced this commitment, the AU Executive Council in 2005 reaffirmed support for free movement across Africa and proposed the issuance of an African passport. The following year, it adopted the Migration Policy Framework and the African Common Position on Migration and Development, aligning AU Member States on a shared goal of cross-border movement. By 2012, the AU had initiated the Continental Free Trade Area (CFTA) to encourage labor mobility across borders. Further emphasizing this commitment, the AU adopted the Solemn Declaration in 2013 on the 50th anniversary of the OAU, pledging to promote African citizenship, pan-Africanism, and an African Renaissance through free movement. Efforts to streamline cross-border travel continued, with the AU Assembly’s 2015 decision to accelerate the process for free movement and develop an African passport. In 2016, this passport was launched at the AU Summit, symbolizing a new era for travel across Africa. Subsequently, the AU Executive Council pushed forward by calling for relaxed visa requirements, facilitating Africans’ unrestricted movement. This led to the development of the Free Movement Protocol (FMP), which was officially adopted by the AU Assembly in January 2018. Through the FMP, the AU has formalized the right of residence and establishment across member states, signifying a major step in African integration. The protocol serves as a milestone towards making Africa a unified space where movement, trade, and social exchange transcend borders, promoting pan-African unity and growth.
The benefits of the FMP for African countries and migrants
The draft Protocol on Free Movement of Persons, Right of Residence, and Right of Establishment in Africa outlines four major anticipated benefits of unrestricted movement within the continent. First, it promises increased intra-African trade and investment, a crucial area for growth as current intra-African trade levels account for just 10% of total continental trade — a figure that lags significantly behind those of other regions such as Latin America (22%) and East Asia (50%). By enabling easier movement across borders, Africa can unlock substantial opportunities for trade and investment, allowing for a more robust economic integration. Second, the protocol promotes enhanced access to quality education and healthcare. Experts emphasize that the movement of individuals, particularly students, across African borders for education is key to developing the human capital needed for the continent’s economic transformation. Given that over 60% of Africa’s population is youth, investing in education and training through the free movement of people will be essential for nations to harness their demographic potential. Additionally, enhanced movement supports access to healthcare by facilitating mobility from primary care to specialized health services, fostering a stronger health infrastructure across regions.
Another benefit of free movement is the facilitation of labor mobility, which will bridge skills imbalances between countries. By promoting labor migration, AU member states can address both surpluses and deficits in skilled labor, stimulate regional economic development, and enable the optimal use of Africa's human resources. This mobility will allow for the transfer of essential and specialized skills, reduce regional inequalities, and promote economic growth by increasing remittances among African workers. Studies show that migrant workers contribute significantly to both high-skilled and low-skilled labor markets, helping to balance labor needs across countries and boost productivity. Finally, free movement of persons is expected to increase tourism, enhance continental integration, and strengthen pan-Africanism. Data from AU Member States such as Ghana, Mauritius, Rwanda, Senegal, and Seychelles, which have implemented relaxed visa policies or visa-on-arrival for African nationals, show positive outcomes. These policies have supported intra-African tourism, bolstered integration, and fostered a collective sense of African identity. By reducing travel restrictions, the protocol not only promotes tourism but also encourages cross-border skill sharing, entrepreneurship, and innovation, thereby enhancing Africa's economic competitiveness and fostering a unified continental identity.
The challenges of the FMP
AU Member States frequently cite national security, public health concerns, and socioeconomic disparities as key challenges to implementing free movement of persons in Africa. Many nations, like others globally, point to potential threats posed by organized crime, including human trafficking, arms and drug smuggling, terrorism, and violent extremism, as reasons for hesitating to adopt unrestricted movement. While such security concerns are valid, there is limited evidence suggesting that migrants present greater risks to national security than citizens. A more effective response to these challenges lies not in restricting free movement, but rather in strengthening civil registry systems, securing identity documentation, improving border and law enforcement systems, and fostering international cooperation, particularly in information-sharing. Rwanda has set a precedent by bolstering its security infrastructure, enhancing border management, and leveraging technology to ensure the integrity of its immigration policies and systems, before implementing a visa-on-arrival policy for all African nationals.
Public health threats, such as the 2015 Ebola outbreak in Guinea, Liberia, and Sierra Leone, also highlight the challenges involved in maintaining health safety across borders. Although some argue that closing borders could prevent epidemic spread, such measures often lead to significant economic costs. Moreover, as evidenced by the Ebola crisis, closed borders do not halt disease transmission, given the continued informal and unsupervised cross-border movement. Effective responses to epidemics should not rely on generalized restrictions but on coordinated African responses that strengthen each country’s ability to prevent, detect, and manage health threats. This approach also aligns with the International Health Regulations of 2005. Member States are encouraged to prioritize measures such as governance, leadership, and continuity of care across borders to develop core public health capacities, ultimately working towards universal health coverage.
Economic disparities and varying levels of development among AU Member States also fuel concerns that citizens from less-developed nations may migrate in large numbers to more affluent states, causing socioeconomic strains. To address this issue, well-regulated labor migration schemes under the Free Movement framework can ensure fair and legitimate access to labor markets while alleviating fears of migration impacts on host communities. Nevertheless, it is essential to regularly assess the effects of migration on local populations to address legitimate concerns. Given these variations in economic development and the concerns they raise, the IOM advocates for a phased approach to implementing the rights of entry, establishment, and residence under the free movement protocol. Furthermore, Member States should periodically evaluate progress in ratifying and enforcing their regional protocols on movement. Key elements supporting effective regional labor mobility include cross-border recognition of qualifications, empowering Member States to perform labor market analyses, establishing regional labor market information systems, and upholding the rights of migrant workers.
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