Free movement of persons, goods, services and capital

The free movement of commodities, capital and people is essential for regional integration to occur. Although some improvements have been made in this area, the process continues to encounter difficulties. Nevertheless, a number of RECs have registered significant progress while others still consider the task daunting. The paragraphs below present some of the RECs’ achievements and the problems they encountered in dealing with these issues.

ECOWAS

This REC records significant progress in the area of free movement. Six countries, namely, Benin, Cote d’Ivoire, Guinea, Liberia, Niger, Nigeria, Senegal and Togo are already using the ECOWAS common passport, which was introduced in 2000. The

passport allows ECOWAS members to travel to any country of the region without a visa, in lieu of the national passports.

Since 2005 ECOWAS has attempted to transform process of the border regions into pilots units to facilitate the free movement of persons living along these bor-ders. These pilots units include the civil society, judges, parliamentarians and various media. During the ECOWAS Head of States and Government Conference in Janu-ary 2006, the Program of Cross-Border Initiatives and the Cross-Border Coopera-tion FacilitaCoopera-tion Fund were adopted. ECOWAS also is considering establishing an electronic identity card to facilitate registration at border entry and exit points, to replace its national identity cards.

By ensuring the free movement of goods and persons and improving the road trans-portation system, the Authority of Heads of States and Government adopted a decision to establish national committees to monitor implementation of ECOWAS decisions and protocols on the free movement of persons and vehicles. In 2008 an ECOWAS-West African Monetary Institute (WAMI) joint task force was established to accelerate ratification and implementation of all ECOWAS protocols and conven-tions relating to trade and the free movement of persons, goods, services and the right to establish business in the West African Monetary Zone (WAMZ).

COMESA

Recently, COMESA has made significant progress in this area. A number of COMESA member States treat visa issues with great flexibility. Using the protocol on the gradual relaxation of visas, a number of COMESA countries are giving visas to individuals upon arrival at the airport.

COMESA also approved two protocols, one on the free movement of persons, labour, services, right of establishment and right of residence, which was adopted in 2001 during the 6thCOMESA Summit of Cairo, Egypt, and the gradual relaxa-tion and eventual eliminarelaxa-tion of visas, adopted in 1984. However, only few member States (4 among the 19) have signed them.

To remove all barriers to free movement, COMESA developed a timetable for the period between 2000 and 2014, illustrated in Table 2.2, below:

Table 2.2

Proposed COMESA timetable, 2000-2014

Timeframe Projects

2000-2002 Gradual removal of visa requirements

2002-2006 Movement of skilled labour and movement of services 2006-2010 Right of establishment

2014 Right of residence (20 years from date of entry in COMESA) Source: COMESA

A project to coordinate visas is under way and expected to be completed by 2014.

A data base has been set up to monitor the movement of persons, particularly those who are undesireable in COMESA. Finally, policies are being developed on the treatment of asylum seekers, the national registration of citizens and the use of a common travel certificate.

ECCAS

This is one of the regions that lags behind in regional integration, particularly in the free movement of persons, goods and services. This is mainly caused by the region’s poor infrastructure network and the imposition, for security reasons, of visas between some member States.

Nevertheless, ECCAS is endeavoring to improve the situation. For instance, a con-vention on cooperation and legal aid has been concluded, which is expected to be adopted by the Assembly of Heads of State and Government. Once adopted, the region will begin to implement the protocol on the free movement of persons which was adopted in 2007.

In March 2006, the Council of Ministers of Foreign Affairs and the Ministers in Charge of Immigration and Ministers of Justice adopted a Convention on Coopera-tion and Mutual Legal Assistance. It was intended to facilitate a decision on the free movement of persons of certain categories of nationals of member States of ECCAS within the community.

SADC

Like ECCAS, SADC lags behind the other RECs with respect to the free movement of persons. Little has been done to implement the protocol about visa exemption agreements for SADC citizens. Of the 19 member States, only nine have signed it and four have ratified it.

The SADC Ministers of Foreign Affairs Council, held in Sandton, South Africa on 7 September 2009, expressed how urgent it is for the protocol to be implemented.

During the meeting, member States agreed to conclude, by the end of 2009, more bilateral agreements on establishing visa exemptions to facilitate travel during the FIFA World Cup to be held in South Africa in 2010.

Since then SADC has taken significant initiatives to facilitate the free movement of goods and services, including harmonizing custom procedures and instruments (such as the electronic exchange of customs data); adopting a single administrative document (SADC CD) for streamlining customs declarations in SADC; creating a nomenclature of common tariffs; and coordinating trade liberalization through a task force formed by SADC, COMESA and EAC.

EAC

The EAC is one of the most dynamic regions in terms of integration. This proc-ess began in the early 20th century with a customs union formed among the three founding countries, Kenya, Uganda and Tanzania. After establishing several institu-tions, however, the community collapsed in 1977. In 1999, the three decided to reconstitute the community. A treaty was signed on 30 November 1999 and entered in force on 7 July 2000. Later, in 2007, Rwanda and Burundi joined the commu-nity, becoming full members on 1 July 2007.

EAC has achieved a great deal since its reconstitution in 1999, including:

A common passport allowing multiple entries and exits to citizens from an EAC member State for six months. The internationalization of the common passport between the countries’ members, endorsed by the EAC Council of Ministers, is expected to be introduced by 2011;

The project to establish a single tourist visa for the region, like that of the

• West African Economic and Monetary Union (UEMOA). Discussions con-tinue on the protocol regarding EAC as a single tourist destination; and The East African Common Market Protocol, expected to be launched by

• 2010, which includes the issue of free movement of persons, goods and services across the region.

IGAD and CEN-SAD

These two RECs also have been slow to implement protocols relating to the free movement of persons, goods and services. IGAD is the only REC that has not set a

protocol on the free movement of persons, right of residence and establishment and CEN-SAD is similarly encountering problems. Neither has developed a protocol concerning the free movement of goods, services and capital.

Nevertheless, these RECs continue to work toward these goals. IGAD has estab-lished a resource center on migration within its Secretariat and plans to create a visa exemption for Africans holding diplomatic and service passports. CEN-SAD has already adopted the visa exemption, thanks to the Article 2 of its Treaty on the Establishment of the Community. Its visa exemption covers members of official delegations, holders of regular passports whose entry is the subject of prior arrange-ments and family members of residents, spouse and infant children, who have a valid residence permit. CEN-SAD also is establishing security instruments in the region.