Introduction
Current
statistics indicate that intra-ECOWAS trade is currently about 11%, which is
nothing to write home about. According to the United Nations Economic
Commission for Africa’s 2010 Economic Report for Africa (ERA 2010),
intra-African trade continued to be minimal, at less than 10 per cent of total
trade in 2009. Africa continued to play a marginal role in world trade in 2009
with about a 3.4 per cent share of global merchandise trade and an
insignificant share in trade in services. Commodities continue to be the major
exports, and export destinations remain concentrated in industrialized
countries, although South-east Asia and Brazil are beginning to be important
destinations for African exports. The reliance on a narrow range of commodities
as well as a narrow range of export markets makes African export earnings
extremely vulnerable to volatility in these markets.
In
the current global system, the need for enhanced trade among members of the
regional body cannot be over-emphasized. It makes business and economic sense
for all stakeholders to appreciate the importance of allowing free flow of
trade in the ECOWAS sub-region with the resultant growth in GDP, employment creation
and poverty alleviation. Furthermore, in this era of increased international
cooperation and trade, where countries are removing barriers to trade to give
their companies unhindered access to larger markets such as the European Union,
ASEAN, NAFTA, the ECOWAS region cannot continue to be just a group of
fragmented markets failing to empower its companies to be competitive
internationally and play a role in the development of the region. The effect of
the recent global economic downturn on African economies even make it more imperative for African nations to trade
among themselves and harness their own resources for development instead of
relying on other nations. The Economic Report for Africa (ERA 2010) opines thus:
"The
current global economic crisis has demonstrated the vulnerability of Africa to
the fortunes of the global economy. It has also demonstrated that Africa cannot
rely on external sources to finance its development in a sustainable way. There
is therefore a need for African countries to increase their efforts to mobilize
domestic resources to finance development. In the final analysis, Africa's
development is the responsibility of Africans, and the argument that Africa is
a poor continent that cannot finance its own development is getting tired."
Therefore,
the global economic crisis adds new urgency and credibility to mobilizing
Africa's own resources of human and financial capital to ensure that Africans
become “masters of their own destinies”. And one sure way to achieve this is
through the promotion of trade and investment among ourselves. The ECOWAS
Treaty which is the binding legal document regulating the affairs of the
Community provides in Article 3(2)(d)
thereof, under its “Aims and
objectives” as follows:
“...the
establishment of a common market through:
i) the liberalizations of trade by the
abolition, among Member States, of customs duties levied on imports and
exports, and the abolition among Member States, of non-tariff barriers in order
to establish a free trade area at the Community level;
ii) the adoption of a common external
tariff and, a common trade policy vis-a-vis third countries;
iii) the removal, between Member States, of
obstacles to the free movement of persons, goods, service and capital, and to
the right of residence and establishment.”
In
order to achieve the aim of a common market, the ECOWAS Heads of State and
Government saw the need to promote trade and investment in the ECOWAS
sub-region through the adoption of a series of protocols. One such protocol is
the Protocol relating to the Free Movement of Persons, Right of Residence and
Establishment. This protocol was to help actualize the aim of removing all
obstacles to free movement of persons, goods and services. It provides as
follows:
“The
right of entry, residence and establishment which shall be established in the
course of a transitional period shall be accomplished in three phases, namely:
Phase
I - Right of Entry and Abolition of Visa
Phase
II - Right of Residence
Phase
III - Right of Establishment
Upon
the expiration of a maximum period of five (5) years from the definitive entry
into force of this Protocol, the Commission, based upon the experience gained
from the implementation of the first phase as set out in Article 3 below, shall
make proposals to the Council of Ministers for further liberalisation towards
the subsequent phases of freedom of residence and establishment of persons
within the Community and phases shall be dealt with in subsequent Annexes to
this Protocol.”
The
first phase was successfully implemented and so, two further Protocols have
been made to ensure the total removal of obstacles to the free movement of
persons, goods, service and capital, and fully ensure the right of residence
and establishment. These Protocols were made in 1980 (first phase- Free
movement of persons and vehicles) July 1986 (second phase – Right of Residence)
and May 1990 (third phase – Right of residence). In the light of these
protocols and decisions, one may be tempted to believe that the free movement
of persons and the right of ECOWAS citizens to reside and establish in the
territory of any member state is a fait accompli and intra-ECOWAS trade is
flourishing. However, that is not the case as the implementation of these
Protocols by member states has been anything but impressive.
The
purpose of this paper is to familiarize the participants/FEWACCI about these
protocols and decisions that have been adopted by ECOWAS to facilitate the free
movement of persons, goods and services and the right of residence and establishment
within ECOWAS states. It further discusses the challenges and opportunities
that are associated with the implementation of each phase of the protocol and
recommends practical actions that could be taken to ensure the full
implementation of the protocols to promote intra-ECOWAS trade.
This
study has been divided into eight sections. It begins with the introduction to
the study. The second section gives an overview of the first phase of the
protocol which is on the abolition of visas and entry permits and the movement
of vehicles for transportation of persons and further identifies some
challenges to the full realization of the implementation of this phase. The
third section sets out the provisions on the second phase of the protocol which
is the right of residence and identifies the main challenges and constraints in
its implementation. The fourth section gives a summary of the third phase on
the right to establishment and the challenges hampering its full
implementation. The fifth section
touches on the decision and resolution passed by ECOWAS setting out the Code of
Conduct and Public Enlightenment programmes respectively for member states as
to the implementation of the protocol. The sixth section identifies the
challenges that have bedeviled the full implementation of all the phases of the
protocol and the seventh section makes recommendations for practical action to
be taken to actualize the full implementation of the protocol. The conclusion
appears in the final section of this presentation.
Phase I – Abolition of visas and
entry permit and movement of vehicles for the transportation of persons
The
first phase of the protocol relates to the abolition of visas and entry permit
and the right of movement of vehicles within ECOWAS states. Some of the
provisions are as follows:
Any
citizen of the Community who wishes to enter the territory of any other Member
State shall be required to possess a valid travel document and an international
health certificate.
Any
ECOWAS citizen can enter and stay in another ECOWAS country for 90 days without
any visa once he enters through an official entry point, for example, airport
or border posts. Such citizen shall, however, be required to obtain permission
for an extension of stay from the appropriate authority if after such entry
that citizen has cause to stay for more than ninety (90) days.
However,
a member state can refuse the admission of any individual into its territory if
that person is inadmissible under its immigration laws. In order to facilitate
the movement of persons transported in private or commercial vehicles the
following shall apply: - a private vehicle registered in a member state may
enter another member state and remain there for 90 days upon presentation of
the following documents to the competent authority of that Member State:
Valid
driving licence
Matriculation
Certificate (Ownership Card) or Log Book.
Insurance
Policy recognised by Member States
International
customs documents recognised within the Community.
-
A commercial vehicle registered in a member state and carrying passengers may
enter another member state and remain there for 15 days upon presentation of
the following documents to the competent authority of that Member State:
Valid
driving license
Matriculation
Certificate (Ownership Card) or Log Book.
Insurance
Policy recognized by Member States
International
customs documents recognized within the Community.
Both
types are subject to renewal upon request when the permit expires. In
furtherance of increased movement of people, ECOWAS has issued ‘brown card’
insurance scheme for inter-state road transport to facilitate effective
movement of persons, goods and services. (Agyei & Clottey)
Member
States undertake to co-operate among themselves by exchanging information on
such matters that are likely to affect the effective implementation of this
Protocol. Such information shall also be sent to the Executive Secretary for
necessary action in accordance with the provisions of the Treaty. This protocol
shall not operate to the prejudice of citizens of the Community who are already
in residence and established in a Member State provided they comply with the
laws in general and in particular the immigration laws of that Member State.
Expulsion
and repatriation:
-
A decision to expel any citizen must be made known to the person, his
government and the Executive Secretary of ECOWAS.
-
The expenses incurred in the expulsion of a citizen shall be borne by the
Member State which expels him and his security must be guaranteed.
-
In case of repatriation, the government and Executive Secretary shall be
notified.
-
The person to be repatriated must bear the cost and if he is unable to do so,
then his government shall bear it.
The
provisions of the present Protocol shall not affect more favourable provisions
contained in agreements that have already been concluded between two or among
several Member States.
In
keeping with the provisions of this protocol, all ECOWAS member states have
abolished visas and entry permits by citizens of the sub-region. Indeed, the
only documents required for travel within the region are a National ID Card or
Passport and Health Certificate for Francophone countries and a Passport and
Health Certificate for Anglophone countries. Mail, for example, has gone a step
further by actualizing the use of the ECOWAS passport but most others,
including Ghana, have not done so. But it is worthy of mention that the new
Biometric passports launched in Ghana in March 2010 has ECOWAS boldly written
on it, perhaps as a step in making travel within the sub-region easier.
This
being the first phase in the implementation of the protocol, it came into
effect several years ago but that has not been without challenges. There
continue to be difficulty in the movement of persons, goods and services across
borders due to ignorance of public officials of the existence of, and
provisions in the ECOWAS protocols mentioned above. Even where such officials
are aware of the protocols, they ignore or misapply the provisions. Another
factor is the ignorance of the citizens of member states of the existence of,
and provisions in the ECOWAS protocols mentioned above.
Harassment
practices also hinder the implementation of this phase, including the numerous
checkpoints on the various corridors, leading to unnecessary delays and
extortion of monies from passengers and cargo drivers. In spite of ratifying
the protocol which ushered in the free movement of persons in the sub-region,
several border checks continue to exist. This has resulted in severe harassment
and extortion of money from travelers by security personnel at the numerous
checkpoints.
Advocacy
has been touted as one of the most relevant tools that have helped to achieve
real change, thereby eliminating some of the factors impeding the free movement
of goods, services and people within the ECOWAS sub-region and this has been
made manifest in the 9th Report of the Improved Road Transport Governance
(IRTG) initiative. The report states thus:
“The
third quarter of 2009 shows slight improvement compared to the previous
quarter. The three primary IRTG indicators have dropped. Efforts undertaken by
states and awareness raising and advocacy campaigns undertaken by civil society
organizations in partnership with the initiative appear to explain the decreases.”
The
IRTG initiative began in 2005 as a joint effort of UEMOA and ECOWAS financed by
the United States Agency for International Development (USAID) and the World
Bank’s sub-Saharan Africa Transport Policy Program (SSATP) with the West Africa
Trade Hub as its implementing partner. The objective of the initiative is good
governance along primary trade corridors in West Africa. IRTG monitors trends
in road harassment on the Tema-Ouagadougou, Ouagadougou-Bamako,
Lomé-Ouagadougou and Bamako-Dakar corridors with the aim of eliminating the
barriers, delays and bribes, which affect drivers along major interstate trade
routes in West Africa.
There
are reports of torture and killings by security personnel in countries like
Senegal and Gambia. The killing of 44 Ghanaians in The Gambia by security
agencies in 2005 constitutes an example of harassments and difficulties faced
by citizens of member states in exercising their right to free movement within
the sub-region (Ghanaian Times, 2007) (Agyei et al.)
Retaliatory
harassment practices among officers at the various border posts is rife. The
Ghana-Togo border at Aflao is a typical example. The chaotic and disorganized
nature of the border posts and/or checkpoints is also a problem. In all these,
the various governments have not been pragmatic in their effort to ensure the
full realization of the provisions of the protocol.
Bribery,
corruption and extortion by public officials, including the Police, Customs
officials, Immigration officers, weighbridge agents, etc. For instance, the 9th
IRTG Report for July to September 2009 indicates as follows: “The
Ouagadougou-Bamako corridor has highest level of bribery with agents extorting
USD 116.26 per trip or USD 12.64 per 100 km. Most of the bribes are collected
along the Malian segment of the corridor with about USD 80.90 collected (of
which USD 22.46 is extorted by agents purporting to assess penalties for
overloading). The Bamako-Dakar corridor, which submitted its first surveys,
follows closely the Ouagadougou-Bamako corridor with bribery reaching USD
100.26 per trip or USD 9.83 per 100 km. The Senegalese segment of the route is
primarily responsible with USD 64.17 extorted per trip compared to USD 36.09 on
the Malian segment. The Lomé-Ouagadougou corridor has the lowest level of bribery
with USD 44.23 per trip. In Ghana, the Customs Service is the main culprit
followed by the Police. Weighbridge agents at the entry to the route at Tema
have considerably decreased harassment of drivers for bribes. In Burkina Faso,
the Customs Service is the most incriminated for extortion, followed by the
Police and the Gendarmerie. In Togo, similarly, the Customs service again has
the dubious distinction of leading extortionists, followed by the Police and
the Gendarmerie. The uniformed services that deal most harshly with drivers in
Mali are, in decreasing order with the highest extortion first, the Police, the
Gendarmerie and finally Customs. Senegal’s first road harassment surveys of
drivers on the Bamako-Dakar corridor show the Gendarmerie extorting the highest
level of bribes followed by the Police.”
The below
presents an overview of the results.
The
different official languages used at the various borders also hinder the free
movement of people. French, English and a whole lot of other local dialects are
spoken in different countries and at their border posts, thereby creating
communication problems for citizens from different countries.
It
has been realized that ECOWAS has not instituted adequate mechanisms due to the
fact that many people in the sub-region do not possess any valid travelling
documents including birth certificates. This has been exploited by persons who
carry out nefarious activities such as internet fraud, money laundering, human
trafficking, etc. There are also concerns that the privileges enshrined in the
protocol have been abused by some citizens of the sub-region. Some of the
abuses include smuggling of goods and illicit trade in narcotics. These crimes
and acts of economic saboteur have led to expression of resentment among
officials and the general public in the destination countries. Ghana for
instance, has established a Border Patrol Unit within the Ghana Immigration
Service to police her borders. In Ghana, recent investigations carried out by a
journalist brought to the fore the enormity of the problem of smuggling of
cocoa and subsidized fertilizers into neighbouring Cote D’ivoire with the
connivance of Customs officers, immigration officials and some police men. This
was captured on video and shown on television throughout the country. The
absence of adequate mechanisms to control infiltration of criminals has also
been a bane to the implementation of the protocol and this probably accounts
for the proliferation of “419” and “Sakawa” phenomenon (believed to have their
origins in Nigeria) in Ghana.
Phase 2: Right of Residence
The
second phase of the protocol guarantees the right of residence of ECOWAS
citizens in the territory of other member states and it was ratified by all
member states in 1986. Some of the
provisions in the protocol are as follows: All ECOWAS countries shall grant to
citizens of ECOWAS the right of residence in their territory for the purpose of
seeking and carrying out income earning employment.
The
right of residence shall include the right to:
-
apply for jobs;
-
travel freely in that country for that purpose;
-
reside to take up employment;
-
live in the territory according to the legislative and administrative
provisions of the host. The only exceptions are for reasons of public order,
public security and public health and employment in the civil service.
Citizens
who enter another state without visas but decide to reside there shall be
obliged to obtain an ECOWAS residence card or a residence permit. The
application for the residence card or residence permit shall be made to the
Department of Immigration. The processing of the application for residence
permit must not delay the execution of employment contracts. One year after
entry into force, member states should harmonize the application for residence
permits to issue ECOWAS Residence cards. Provisions are also made for border
area, seasonal and itinerant workers.
Protection
against individual expulsion and respect for the fundamental human rights of
migrant workers are also articulated. For instance,
-
Any expulsion must be based on well-founded legal or administrative decision
taken in accordance with the law.
-
The immigrant, his government and the Executive Secretary must be informed of
the decision to expel him.
-
He has the right of appeal which may lead to a suspension of the expulsion
unless national security or public order requires otherwise.
-
If the immigrant wins the appeal and he has already been expelled, he could
claim damages.
-
Migrant workers have the right to transfer all or parts of his earnings or
savings.
-
There must be co-operation between competent administrative bodies in
-
Member States shall set up appropriate public organs to deal with the problems
relating to the movement of workers and their families.
It
bears stating that since the coming into force of this protocol, some measure
of success has been achieved. The flow of population from the sub-region
constitutes a relatively large proportion of all immigrants in most of the
Member States. Statistics from the Ghana Immigration Service shows that at
least one-third of all arrivals in Ghana between 1999 and 2002 are from ECOWAS
member states. (Agyei & Clottey)
Several
challenges have, however, impeded its full implementation. Among the challenges
to implementation are weak institutional frameworks at national and
supranational levels. Within most member states, migration policies are handled
by different ministries, departments and agencies. Poor coordination, competition
and implementation lapses result in several challenges that hinder free
movement of people in the region. In Ghana, for instance, the Ministries of
Interior, Local Government, Trade and Foreign Affairs have different roles to
perform on the state’s migration policy. Poor coordination among these
ministries and their numerous departments and agencies may easily result in
contraventions of the ECOWAS protocol.
Member
states safeguard and protect the interest of only its citizens in each state.
This could be explained by the desire to avert internal political upheavals
likely to result from low level of economic growth and development. Policies
are therefore designed to ensure that available job opportunities are given
mostly to nationals rather than shared with non-nationals from the sub-region.
It is worthy to note that Ghana’s Immigration Act, 2000 (Act 573) which
repealed Act 160 has no specific provisions for citizens from ECOWAS Member
States; the same for the GIPC Act (Act 478), and as such it fails to address
the process of integration as espoused in the ECOWAS treaty.
Moreover,
most West African states have state- owned welfare systems that are not
self-sustaining for their own citizens let alone have nationals of other ECOWAS
member states benefit from them. Migration policies therefore target
restricting migrants including West African nationals from benefitting in
welfare systems of member states. In Ghana, such policies include the
School-Feeding program, Free school uniforms program, Capitation grant, LEAP,
etc.
Phase 3: Establishment of or access
to enterprises
This
section discusses the salient provisions in the protocol relating to the third
phase, that is, the right of establishment. The protocol accord citizens of
ECOWAS the right to set up or have access to enterprises in other member states
without discrimination. Even in the unlikely event of expropriation or
nationalization, provision is made for the payment of fair and equitable
compensation. For example, in the 20th January 2010 edition of the VANGUARD
newspaper published in Nigeria, the
Director for Marketing and Public Relations of the Ghana Investment
Promotion Centre (GIPC), Mr. Edward Ashong-Lartey, was quoted as saying that
Nigerian businesses account for about 60 percent of foreign investment in
Ghana, aided by the enabling investment climate of the West African
country.
In
Ghana, several banks carrying on business in Nigeria have set up subsidiaries
in Ghana and these include, UBA, GT Bank, Access Bank, Zenith Bank and Intercontinental
Bank. In the same vein, UT Financial services, Ghana’s second most respected
company recently announced that it was entering the Nigerian market. Regimanuel
Gray Estates, an estate development company in Ghana has set up operations in
Sierra Leone. It is possible that increases in trade and investment from other
ECOWAS countries have been recorded elsewhere. What is not clear is whether or
not these cross-border investments were made because of the protocol or due to
the enabling business environment created in these countries.
But
a lot more needs to be done to ensure the full realization of the provisions in
the protocol. There is lack of political will in the implementation of the
protocol, e.g. GIPC Act of Ghana (Act 478) which seeks to encourage and promote
investments in the country does not make any references to any special
dispensation for ECOWAS citizens. Thus, ECOWAS citizens have to fulfil the same
conditions imposed on other nationals from elsewhere. To ensure that member
states complied with the provisions of the protocols and help educate their
citizens on same, ECOWAS passed a resolution prescribing the code of conduct
for member states. A decision was also taken to ensure that member states
undertake public enlightenment programmes to help popularize ECOWAS and its
work. Some salient provisions in those documents are set out hereunder.
Code of Conduct governing the
protocol
The
Code of Conduct provides for a number of safeguards including the following:
member
states shall ensure that their nationals who travel to the territory of another
member state possess valid travel documents recognized within the Community;
member states shall establish or strengthen appropriate administrative services
in order to furnish migrants with all necessary information likely to permit
legal entry into their territory; in order to avoid illegal recruitment and its
negative effects, Member States shall take all necessary measures to exercise
stricter control on employers in their territories; the fundamental human
rights of illegal immigrants must be protected, but the killing of about 44
Ghanaians in Gambia in 2007 in sharp contrast to this provision.
The
expulsion and repatriation of illegal immigrants must be done to ensure that
the fundamental human rights of those persons are respected.
Decision on public enlightenment
programmes
Under
the Protocols, each country was tasked to celebrate an "ECOWAS NATIONAL
WEEK" which will be opened annually by the Head of State of each country. The
organization of such "ECOWAS WEEK" would be the responsibility of the
ECOWAS National Committee and would take place within the period of three
months following the meeting of the Authority of Heads of State and Government.
Additionally, each country was to create an ECOWAS periodical which will
disseminate the results of the different activities of the Community as well as
the progress made in the implementation of the integration measures taken by
the Authority. Furthermore, the Executive Secretariat was tasked to encourage
the creation of ECOWAS Clubs to bring people from all social strata together to
popularize ECOWAS activities.
Other challenges to the
implementation of the Protocol
Under
this section, we seek to identify further challenges that attend the free
movement of persons, goods and services and the right of residence and
establishment despite the existence of the protocols earlier referred to. First
of all, there is general lack of knowledge about the activities of ECOWAS and
non-implementation by member states of Decision on the Public Enlightenment
Programme for the Protocol on Free Movement of Persons, e.g. Celebration of
“ECOWAS WEEK” and publication of an ECOWAS periodical has not helped matters.
Secondly,
within the ECOWAS sub-region, the existence of political and social unrest in
some member states distracted the attention of the governments from fulfilling
their obligations toward the sub-regional body. In some cases, political unrest
serves as a launching pad for the molestation and expulsion of non-nationals.
It has been stated that the political crises in the Cote d’Ivoire sparked of
hatred for non-nationals especially Burkinabe. Thus, though technically, there
is freedom of movement within the sub-region, there are restrictive attitudes
resulting in expulsion, widespread harassment and denial of the human rights of
migrants.
Thirdly,
the free movement of people within the sub-region without restrictions raises
issues of tension in states where migrants dominate trade and labour of
sections of economies. This creates anti- migration sentiments that degenerate
into populist political movements. Such tensions run as undercurrents for
destabilizing weak regimes.
Lack
of harmonization of national laws and policies on migration as well as
inadequate infrastructure to facilitate the realization of borderless West
Africa, including the failure to pass domestic laws to operationalize the
provisions of the protocols is another challenge inhibiting the operation of
the protocols.
Furthermore,
the inability to ensure full implementation of the protocol is ascribed to
multiple membership and overlapping interests of member states in other groups
which can pose serious problems when coordinating or harmonizing
policies/programmes. This has adversely affected the smooth implementation of
the protocol on free movement of persons. In enacting the protocol, much
consideration was not given to the varying and diversities in social, political
and economic background of the member states. For example, attempts to
introduce common currency for Ghana, Nigeria, Sierra Leone and Gambia is still
on the drawing board. Hence, the expulsion of nationals from member states and
harrowing experiences of travelers across borders shows that all is not well
with the implementation of the protocol on free movement of persons intended
for effective integration of the sub-region.
It
has been argued that implementation of the protocol coincided with a period of
economic recession in many member states and this resulted in large influx of
nationals of West Africa to Nigeria. When the economic situation became
unbearable for the government of Nigeria, it revoked article 4 and 27 of the
protocol and expelled 0.9 and 1.3 million non-national residents most of them
Ghanaians in 1983 and 1985 respectively. Besides Nigeria, other member states
which have expelled immigrants of West African origin since the
operationalization of the protocol include the Cote d’Ivoire (1999); Senegal
(1990); Liberia (1983) and Benin (1998): Agyei & Clottey.
The
delay in the implementation of trade liberalization policies such as reduction
in customs duties has contributed to slow down efforts at integration and
realization of free movement of persons. For instance, reduction of tariff on
industrial products did not begin in 1981 as planned and those which should
have been achieved within the period 1990 to 2000. This is sometimes attributed
to small size and similarity of the economies of the member states.
Recommendations for action
In
the light of all the challenges set out in the preceding sections, the
following recommendations for action are made to help deal with most of the
problems identified and to promote the full realization of the provisions in
the protocol. By so doing, the free movement of persons, goods and services
within the sub-region will become a reality and that will help promote
intra-ECOWAS trade.
Firstly,
there is the need for civil society/non-governmental organizations like FEWACCI
to put the necessary pressure on Governments to ensure the implementation of
these protocols. There is also the need to sensitize Governments on the
enormous advantages they stand to gain from intra-ECOWAS trade in the long-term
as against the short-term loss of income, for example, employment creation in
the private sector, less imports from the West (thereby reducing the pressure
on the USD and other hard currencies, etc.
In
addition, there is the need to sensitize/train public officials; Police,
customs officials, weighbridge agents, etc., on the provisions of the protocols
and the obligation on their Governments to enforce them. In this regard, for
instance FEWACCI, with funding from ECOWAS or other donors (USAID, DANIDA, CIDA
etc.,) could help organize training programmes for these officers. It must be
stressed that, once a non-governmental body is involved, the officers may take
the training seriously and be more amenable to attitudinal change.
Furthermore,
the appropriate authorities in the various countries must be lobbied to ensure
the cessation of harassment practices by:
- Reducing the number of road
checkpoints on the various corridors to avoid/eliminate
corruption/extortion and delays
- Putting in place sanctions
against offending officers, and actually carrying out the sanctions
- Undertaking periodic checks at
these corridors to minimize/eradicate harassment practices.
- Sensitizing and encouraging
the media to expose bad practices at the border posts and corridors, e.g.
the documentary by Anas Aremeyaw Anas on smuggling of Cocoa from Ghana to
Cote D’ivoire with the active participation of corrupt officers: customs,
immigration, police and BNI.
- Setting up Complaints Units
where complaints of harassment could be lodged, and/or a Dispute
Settlement mechanism along the lines of an Alternative Dispute Resolution
(ADR) mechanism that ensures speedy resolution of disputes.
Another
practical action that could be taken to help curb some of the problems is the
introduction of programmes aimed at popularizing ECOWAS and its activities in
all countries, especially the provisions of the protocols under consideration.
There
is also the need for the development of infrastructure (like roads, railways
and aviation systems) to ensure hassle-free movement and also to eliminate the
chaos at the border posts by re-designing them to ensure transparency and
simplify the process of crossing from one country to another. It is gratifying
to note that according to the Business Council for Africa- Update on Ghana
April 2010 Report, the World Bank has
approved US$228 million for the first phase of the Abidjan-Lagos Trade and
Transport Facilitation Program. This regional integration project is intended
to overhaul the main transport artery, stretching from Abidjan to Lagos, and
the customs and immigration posts and systems located on the nearly 1000-kms
road.
Constant
advocacy, research and publication/dissemination of the findings to all
stakeholders, for example, the West Africa Trade Hub’s IRTG Initiative and the
current work being undertaken by FEWACCI should be encouraged and intensified.
Conclusion
Despite
the existence of the protocols, intra-ECOWAS trade has not been encouraging due
to the challenges stated above. In the current global system, the need for
enhanced trade among members of the regional body cannot be over-emphasized. It
makes business and economic sense for all stakeholders to appreciate the
importance of allowing free flow of trade in the ECOWAS sub-region with the
resultant growth in GDP, employment creation and poverty alleviation. From the
foregoing, it is quite clear that civil society can help achieve the levels of
intra-ECOWAS trade that could help develop our sub-region and deliver our
peoples from the bondage of the three evils, namely poverty, backwardness and
under-development.
Bibliography
- John Agyei & Ezekiel
Clottey. “Operationalizing ECOWAS Protocol on Free Movement of People
among the Member States: Issues of Convergence, Divergence and Prospects
for Sub-Regional Integration.”
- Economic Commission for
Africa: “Economic Report on Africa 2010: Promoting high-level sustainable
growth to reduce unemployment in Africa”.
- VANGUARD Newspaper (Nigeria),
20th January, 2010 edition (quoted in Nigeria News Review – February 2010,
compiled by Business Council for Africa, West and Southern).
- Ghana Investment Promotion
Centre Act, 1994 (Act 478)
- Immigration Act, 2000 of Ghana
(Act 573)
- Rosemary Krofah & Alice
Bortey: “Ghana Immigration Laws- A Synopsis”
http://www.fugarandcompany.com.gh/Ghana-immigration-laws.doc
- Business Council for Africa-
Update on Ghana, April 2010 Report.
- Protocol A/P.1/5/79 Relating
to Free Movement of Persons, Residence and Establishment.
- The Treaty of ECOWAS, dated
24th July, 1993.
- Supplementary Protocol
A/SP/.1/7/86 on the second phase (right of residence) of the protocol on
free movement of persons, the right of residence and establishment.
- Supplementary Protocol
A/SP.2/5/90 on the Implementation of the Third Phase (right of
establishment) of the Protocol on Free Movement of Persons, Right of
Residence and Establishment.
- Supplementary Protocol
A/SP.1/7/85 on the Code of Conduct for the implementation of the protocol
on Free Movement of Persons, the right of residence and establishment.
- Decision A/DEC.10/5/82
relating to the application of the protocol relating to the free movement
of persons and the public enlightenment programme
- Decision A/DEC.6/6/89 amending
article 9 of Decision A/DEC.1/5/83 relating to the adoption and
implementation of a single trade liberalization scheme for industrial
products originating from member states of the community
- Supplementary Protocol
A/SP.1/6/89 amending and complementing the provisions of article 7 of the
protocol on Free Movement, Right of Residence and Establishment
- Resolution A/RES.2/11/84 of the
authority of Heads of State and Government on the implementation of the
first phase of the protocol relating to the free movement of persons, the
right of residence and establishment
- Improved Road Transport
Governance (IRTG) Initiative on Interstate Trade Corridors: Results for
the period Oct. 1 to Dec. 31, 2008 (West Africa Trade Hub/USAID)
- Improved Road Transport
Governance (IRTG) Initiative on Interstate Trade Corridors: Results for
the period April 1 to June, 30 2009 (West Africa Trade Hub/USAID)
- Improved Road Transport
Governance (IRTG) Initiative on Interstate Trade Corridors: Results for
the period July 1 to September, 2009 (West Africa Trade Hub/USAID)
- Improved Road Transport
Governance on Primary Corridors: Results of surveys taken Jan. 1 to March
31, 2009 (West Africa Trade Hub/ USAID)
Acknowledgement
-
Kwame Asuah Takyi, Esq., Assistant Director and Acting Head of the
Legal Department, Ghana Immigration Service, Headquarters, Accra, Ghana.
-
Roberta Asamoah (Mrs), Immigration Officer, Greater Accra
Regional Office, Ghana Immigration Service, Accra.
-
Perpetua Dufu ( Mrs.), Deputy Director, Africa Bureau of the
Ministry of Foreign Affairs, Accra, Ghana.
-
Frederick Alipui, Managing Director, AFRINVEST Consult Ltd,
Accra.
-
Ata Koram, AFRINVEST Consult Ltd, Accra.
