Protocol on the Free Movement of People in Africa

Africa is a continent that is noted for its mobility. However, the migration pattern of Africans indicates that most Africans migrate within the continent.  As indicated by the Centre for Strategic Studies (2023) and (2024), intra-African migration continues to experience a rise with a 44% increase in intra-African migration since 2010 with 80% of African migrants having no intention to emigrate outside the continent. Despite these trends, migration within the continent is met with increased securitization, rooted in the principle of the nation-state, that constrains the free movement of people, goods, and services. The 1963 Charter of the Organisation of African Unity was driven amongst other things by the desire to see the continent united. Drawing from the Lagos Plan of Action, the Treaty Establishing the African Economic Community, the African Continental Free Trade Area (AfCFTA), and the constitutive Act of the African Union, such unity could be achieved through the establishment of the Protocol of Free Movement within the continent that will integrate people and give them the ability to move freely amongst member states.

The Protocol of Free Movement is rooted in three key provisions, namely, the right to entry (free entry of nationals of member states in another member state in accordance with the host country’s law); the right of establishment (right of member states to take up and pursue economic activities within the framework of the law and policies of the host country member state); and the right of residence (right of a national of a member state to reside and seek employment in another member state within the confines of the law of the host country member state) (Chime, et al. 2023). In an attempt to attain the aforementioned provisions, the African Union seeks to leverage its intention via the existing Regional Economic Communities (RECs) which had existing protocols on the Free Movement of persons, goods, and services, which are at different levels of implementation. While some of the regional formations are at an advanced stage in terms of facilitating the free movement of people within their region, others are still very limited in terms of their approach to the realization of the protocol. In this regard, the Economic Community of West African States (ECOWAS) has taken reasonable strides in achieving the provisions of the protocol by abolishing the requirement for visa and entry permits within the sub-region (Ibid). Also, the East African Community (EAC) allows the free movement of people, goods, and services within the region. Regions that are still limited in their approach include the Southern African Development Community (SADC) which although it seeks to remove all barriers to free movement within the region, is yet to enforce the Protocol on the Facilitation of Movement of Persons (Ibid). Again, the Arab Maghreb Union (AMU) has adopted a Freedom of Movement Protocol, but because only three of its members have ratified it, it has not been fully implemented, the same holds for the Common Market for Eastern and Southern Africa (COMESA) (Ibid). Despite the differences in terms of the implementation of the protocol at the regional level, regional organizations remain a viable option that serves as building blocks through which continental integration can be achieved.

The pursuit of the Protocol of the free Movement of People is considered an important element that will contribute to defining the growth path of most African states and it is one of the 11 flagship projects of the African Union 2063 agenda (Hirsch, 2021). Some of the benefits of the protocol include the enhancement of science, trade, technology, education, and research; fostering tourism; facilitating intra-African trade and investment; increasing remittances within the continent; promoting the mobility of labour; creating employment; improving the living standards of people within the continent; and facilitating, mobilizing, and utilization of Africa’s human and material resources to achieve self-reliance and development (Chime, et al. 2023:6). This entails that effective management of migration flow can create beneficial opportunities for both receiving and sending countries.  

Despite the numerous advantages highlighted above that will accrue with the implementation of the protocol, Adeola, (2019) & Chime, et al. (2023), underline some of the barriers that stand in the way of its implementation including sovereignty, ideological divergence, and lack of political will of most African leaders; the absence of a harmonized social policy and legal framework that will define the rights and benefits of migrants; bad governance, terrorism, internal conflicts and political instability that characterizes most African states; weak economies that might create an economic imbalance in terms of the direction of migration flow with developed economies receiving the highest flow of migrants; porous and poor border control mechanism; lack of civil society engagement and public enlightenment of the contribution of migrants in their host countries.    

Although as of July 2022, only four countries (Rwanda, Niger, Sao Tome and Principe, and Mali) have ratified the protocol, it remains one of the viable vehicles through which growth and advancement of trade and development on the continent can be realized.  

(Muluh Momasoh, SIHMA researcher)

 

FIND THE Protocol to the Treaty Establishing the African Economic Community Relating to Free Movement of Persons, Right of Residence and Right of Establishment (African Union official website)

 

Reference

Chime, P. et al. 2023. The AU Free Movement Protocol: Challenges in its implementation. Journal of African Law, Vol. 68(1):3-17. Retrieved from: https://www.cambridge.org/core/journals/journal-of-african-law/article/au-free-movement-protocol-challenges-in-its-implementation/2FEA963B82BCBAFE2F3F396524FA15DA.  

Hirsch, A. 2021. The African Union’s Free Movement of Persons Protocol: Why has it faltered and how can its objectives be achieved? Southern African Journal of International Affairs, Vol. 28(4):497-517. Retrieved from: https://www.tandfonline.com/doi/full/10.1080/10220461.2021.2007788.

African Center for Strategic Studies (2023). African migration trends to watch in 2023. Retrieved from: https://africacenter.org/spotlight/african-migration-trends-to-watch-in-2023/#:~:text=While%20often%20unrecognized%2C%20most%20African,interest%20in%20leaving%20the%20continent.

African Center for Strategic Studies. 2024. African migration trends to watch in 2024. Retrieved from: https://africacenter.org/spotlight/african-migration-trends-to-watch-in-2024/.

Adeola, R. 2019. The African Union Protocol on Free Movement of Persons in Africa: development, provisions and implementation challenges. Retrieved from: https://www.ahry.up.ac.za/adeola-r-2019.  

 

Photo by YingChu Chen on Unsplash 

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