Ecowas Protocol On Free Movement Of Persons,right Of Residence,and Establishment:a Critical Evaluation

As a result of the enormous benefits that accrue from integration,many regions of the world including Europe(EU),Asia(ASEAN),Central and North America(NAFTA)and Africa have resulted in forming regional blocs.The integration of countries has been considered the most suitable way to combat globalization,improve trade and the economies of member countries and the most sustainable means for development and welfare of member states.Integration in Africa dates back many decades,even before political independence from the colonial masters.However in the past decades,there has been an upsurge in the number of integration blocs in Africa.These include,include the East African Community(EAC),the Southern African Development Community(SADC),the Common Market for Eastern and Southern Africa(COMESA),the Economic Community of Central African States(ECCAS),the Community of Sahel-Saharan States(CEN-SAD),the Arab Maghreb Union(AMU)and the Economic Community of West African States(ECOWAS).The Economic Community of West African States(ECOWAS)was established over four decades ago by West African States.The treaty was signed in Lagos on 28 May 1975 by 15 member states.The treaty was amended in 1993 and in order to realize this vision of borderless West Africa unhindered,the Executive Secretariat to the Commission was established in January 2007.ECOWAS was formed to promote the ideals of collective self-sufficiency for its member states and as a trading union,it is also meant to create a single,large trading bloc through economic cooperation and integration.ECOWAS adopted a number of protocols to help achieve the objective of full integration and one of such protocols is the Protocol on Free Movement of Persons,the Right of Residence and the Right of Establishment ratified in Dakar on May 29 1979.The protocol has three Phases and was to be implemented over a 15-year period,five years for each Phase.The study analyzed as it's specific objectives the ECOWAS Protocol on Free Movement,examined the causes of evolution and levels of implementation.Assessed the processes of implementation;established the potential and actual challenges as a result of issues of divergence in the implementation of the protocol;established the causes of the slow pace of the implementation of the II and III phases of the Protocol.The study therefore sort to generate a deeper appreciation of the key determinates of the slow pace in the implementation process of the Protocol.Informed by NeoFunctionalist theory of integration the study used conceptual and theoretical instrument of the theory to understand the causes of the current level of implementation and its future consequences and explained these consequences in ways that are consistent with its basic assumptions.The study used primary and secondary data sources.In-depth interviews with key informants,such as policymakers,immigration officials and statistical officials were the main primary data sources.Secondary data such as available administrative data sources,journals,articles,ECOWAS country reports,surveys and censuses in ECOWAS countries complemented the primary data.The study identified that there has been continuing but slow progress in the implementation of the Protocol of Free Movement especially the second and third phases of implementation of the Protocol largely due to insufficient initiatives on the part of ECOWAS at the same time ECOWAS countries reluctance to push forward on agreement at the national level.From data collected,the study identified some of these challenges of slow implementation to include: 1)Lack of sufficient and effective mechanisms;2)Weak institutional framework at the national and supranational levels;3)Poor infrastructure facilities for the realization of borderless West Africa;4)Lack of harmonization of national laws and policies with those of the protocol;5)The right to refuse admission by Community states into their territories who are considered inadmissible under their domestic laws(Article 4);6)Incompatibility of Migration and Welfare;7)Political system and Instability;8)Intraregional and Internal security concerns;9)National sovereignty;10)Cultural and fiscal differences.That said,the protocol has achieve a number of successes which include: the Economic integration and interdependence of ECOWAS states by the elimination of barriers to migration,trade and investment,and the formation of common,market-regulating guidelines;population flow within the sub-region constitute a relative large proportion of all immigrants in most of the member states,the free movement of persons is tied to the general objective of sub-regional economic integration,to be achieved through a liberalization of free movements of persons,goods,services and capital.Cross border migration contributes to the socio-economic development of ECOWAS states particularly in developing societies-positive contribution to the socio-economic development of the region that cross border remittances from labor migrants have become an essential and steady source of external funds contributing to poverty reduction in the region;with the intensification of globalization,urbanization,discoveries of new natural resources such as oil and gas,creation of new industries,such as tourism,the development of information and communication technologies,the Protocol has led to outsourcing of employment in the sub-region;Free Movement of goods and persons improved with the adoption of the ECOWAS Biometric Identity Card,the ECOWAS Brown Card Motor Vehicle Insurance Scheme to facilitate Vehicular mobility in the region are among some achievements of the Protocol.The study recommended building the capacity of national institutions responsible for the implementation by regular education.The harmonization of national laws to conform to that of the protocol;harmonization of concepts,definitions travel documents and migration policies in the sub-region.There is a need therefore,for the promotion of a periodic study on intraregional migration and the best processes for the implementation of the protocols.ECOWAS establishes mechanisms specifically for the registration and settlement of complaints of harassment and abuses of human rights in host countries and at the borders of Community states;The ECOWAS commission should be empowered to sanction member states that do not comply with the rules and regulations of the institution as a deterrence;the study further recommended that public awareness on the protocol should be enhanced.It is recommended that the commitment of member states be rejuvenated in terms of their finances and political involvement towards the Protocol and ECOWAS as a whole.Given the limited scope of this study,the researcher recommended also that,further study be undertaken to ascertain the effects of the Protocol on ordinary citizens in the sub-region.In this regard,therefore,the study will not only focus on the views of the academicians,the elites and the implementing agencies but also all of ECOWAS nationals leading to a viable strategy for development.