Most regional economic communities have adopted several protocols. These have some important features in common.
Lack of complementarity across regional economic communities. Most regional eco-nomic communities now have a protocol on trade,1which will eventually aid in adopt-ing a continental trade arrangement. But these protocols differ. Priorities vary from one community to another, and so the protocols emphasize different issues. This com-pounds the difficulties for countries belonging to more than one regional economic community: They must implement programmes that vary in intensity, schedule, effect on national policies, and other features.
Lengthy negotiation process. All the protocols took a long time to conclude. This was especially so for trade protocols, because some member states feared prospective losses.
The resulting delays have made it difficult to adhere to the provisions of the treaties.
For example, a treaty might provide for a regional economic community to reach the stage of a free trade area by a given date. But negotiations on the trade protocol may take so long that the protocol may not even be signed by the target date. Thus many—
and perhaps all—trade liberalization schemes had to be rescheduled.
Uneven signing, ratification, and implementation. Protocols are needed to put treaties into effect. But some member states do not sign or ratify them or submit their ratifi-cation instruments in a timely way. These member states are “slow integrators”, in con-trast to the “fast integrators”.
The prospective protocol between the African Union and the regional economic communities should clarify the role of the communities in achieving the objectives of the union
ARIA ch3 050704.qxp 6/1/04 1:13 PM Page 48
Consider the case of SADC. The SADC Summit has reviewed and approved 15 pro-tocols. The Democratic Republic of Congo has neither ratified nor signed any proto-col. Seychelles has ratified no protocol, although it has signed three. Angola has signed three and ratified three. No member country except Botswana has ratified more than 11 protocols. All these delays in signing and ratifying agreements contribute to a loss of momentum in integration. For example, for the critical Amendment Protocol on Trade, only 10 countries have deposited their instruments of ratification with the SADC Secretariat (table 3.4).
Slow implementation of protocols on free movement of persons and vehicles. Between 1979 and 1992 ECOWAS members signed a dozen protocols, decisions, and resolu-tions on the free movement of people, the right of residence, and the right of establish-ment. These instruments formalized agreements to introduce a range of measures, including abolishing visa and entry permits, introducing an ECOWAS travel certificate, Table 3.4
Signing and ratification of protocols by SADC member countries as of March 2001
Congo,
Protocol Angola Botswana Dem. Rep. Lesotho Malawi Mauritius Mozambique Shared Water
Course Systems S R — R R R R
Revised Shared
Water Courses R R — S S S S
Energy R R — R R R
Transport and
Communications R R — R R R R
Combating
Illicit Drugs — R — R R R R
Trade — R — R R R R
Trade
Amendment — D — D D D D
Education
and Training — R — R R R R
Mining — R — R R R R
Tourism — R — R — R R
Health — R — — R R R
Wildlife — R — — — R R
Legal Affairs S — — S S S S
Tribunal
and Rules S — — S S S S
Immunities
and Privileges R R — R R R R
(continued on next page)
— no action taken.
Note: S = signed protocol; R = ratified protocol; D = deposited instrument of ratification.
Source: SADC 2001.
ARIA ch3 050704.qxp 6/1/04 1:13 PM Page 49
harmonizing immigration and emigration forms and the ECOWAS Brown Card insur-ance scheme, and setting up a national committee in each member country to monitor the free movement of people.
Little progress has been made on some of these measures (table 3.5). All countries have abolished visa and entry permit requirements for ECOWAS nationals for visits not exceeding 90 days. But the movement of people is less free than it is supposed to be.
Travellers in all member countries are subject to harassment at borders and along inter-state roads. Some progress has been made in implementing protocols on the right of residence. But the labour market and business environment in some member countries still pose greater difficulties for immigrants than for nationals.
The story is similar for the Protocol on the Establishment of a Self-Financing Mechanism based on a community levy. So far, the protocol has been ratified by only a handful of member states.
Table 3.4 (continued)
Signing and ratification of protocols by SADC member countries as of March 2001
Namibia Seychelles South Africa Swaziland Tanzania Zambia Zimbabwe Shared Water
Course Systems R — R R R R R
Revised Shared
Water Courses S S S S S S S
Energy R — R R R R R
Transport and
Communications R — R R R R R
Combating
Illicit Drugs R — R R R R R
Trade R — R R R — R
Trade
Amendment — — D D — — —
Education
and Training R — R R R R R
Mining R — R — R — R
Tourism R — — — — — R
Health R — R — — — —
Wildlife R — — — — — —
Legal Affairs S S S S S S S
Tribunal
and Rules S S S S S S S
Immunities
and Privileges R — — R R R S
— no action taken.
Note: S = signed protocol; R = ratified protocol; D = deposited instrument of ratification.
Source: SADC 2001.
ARIA ch3 050704.qxp 6/1/04 1:13 PM Page 50
Uneven interest in the provisions of protocols. Some countries show little eagerness to join their partners in signing and implementing certain protocols. That has under-standably been so for island countries, which have little interest in protocols on rail, road, or inland waterway transport. In other cases countries have signed protocols to show their commitment, but with no intention to ratify them because they stand to gain little, or even to lose. This points to the need to prepare protocols that consider the concerns and interests of all parties.