The Impact of Ecowas Protocol on Free Movement of Persons, Goods and Capital in West Africa

Description

– The Impact of Ecowas Protocol on Free Movement of Persons, Goods and Capital in West Africa –

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Abstract

The treaty establishing the Economic Community of West African States (ECOWAS) was signed in Lagos on 28 May 1975. Article 27 of the Treaty affirms a long-term objective to establish a community citizenship that could be acquired automatically by all Member States’ nationals.

A key objective of the preamble to the treaty is to remove obstacles to the free movement of goods, capital and people in the sub-region.

The Phase one of the Protocol on Free Movement of Persons and the Right of Residence and Establishment of May 1979 guaranteeing free entry of Community citizens without visa for ninety days was ratified by Member States in 1980 and put into effect forthwith.

Over thirty years after the take off of the Protocol, scholars are united in their submission that the Protocol has failed to fulfill the vision of a borderless sub-region.

They point to the ‘ongoing harassment, extortion, inordinate delays and corruption by uniformed personnel at the border areas’, especially of the Nigeria-Benin Republic border as evidence of such failure. Opinions are however, divided on the cause of such failure.

While the majority of the commentators are of the view that the protocol has failed as a result of poor implementation occasioned by lack of political will, others reckon that for all its failings, the protocol has performed appreciably well and that all that is needed is added political will on the part of political leaders.

Introduction

1.1 Background of the Study

The treaty creating the Economic Community of West African States (ECOWAS) was signed in Lagos on 28 May 1975 between the following countries Benin, Burkina Faso, Cape Verde, Côte d’Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Nigeria, Senegal, Sierra Leone, and Togo.

Article 27 of the Treat affirms a long-term objective to establish a community citizenship that could be acquired automatically by all Member States’ nationals.

A key objective of the community as contained in the preamble to the treaty is to remove obstacles to the free movement of goods, capital and people in the sub-region.

Phase one of the Protocol on Free Movement of Persons and the Right of Residence and Establishment of May 1979 guaranteeing free entry of Community citizens without visa for ninety days was ratified by Member States in 1980 and put into effect forthwith.

The rights of entry, residence and establishment were to be progressively established within fifteen years after the protocol was in force. During the first five years of the implementation of the first phase requirements for visas and entry permit would be abolished.

Community citizens in possession of valid travel documents and international health certificate could enter Member States without visa for up to ninety days.

Member States can nevertheless refuse admission into their territory so-called inadmissible immigrants under its laws. In the case of expulsion, normally at the expense of the immigrants, States undertook to guarantee the security of the citizen concerned, his/her family and his/her property.

The delayed second phase (Right of Residence) of the Protocol came into force in July 1986 (Adepoju, 2006: 4-5).

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