Assessement of the Trajectory of the Implementation of Comesa Free Movement of Persons Protocol in Kenya
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Date
2024-04
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Kenyatta University
Abstract
The aspect of freedom of movement is considered a dimension in migration and
regional integration since it deepens cooperation among Member states. Freedom of
movement is one of the essential tenents of continental, political and international
human rights system. Most Regional Economic Communities (RECs) in Africa have
come up with innovative policies such as the Free Movement of Persons (FMPs)
protocols implemented at regional levels whose purpose is to open up borders through
the removal of restrictions at entry points in order to facilitate intra-regional travel and
mobility across all the RECs. The ratification and implementation of treaties and
protocols demonstrates African states commitment to resolve common goods problems
in states. Nevertheless, despite the importance of freedom of movement accords to
COMESA`s integration agenda, Member states have been slow in the implementation
of the COMESA freedom of movement protocol. The COMESA freedom of movement
protocol was enacted in 2001, but not all COMESA member states have ratified it or
put it into practice therefore, compliance levels is still low in nearly every Member
state. This study set out to quantify the results of Kenya's implementation of the free
movement of people protocol inside the COMESA. The Study objectives included
assessing the degree to which COMESA had achieved its aims, ascertaining the degree
to which the COMESA free movement of person’s protocol has been implemented, and
identifying barriers to full implementation of the COMESA freedom of movement
protocol. The research was guided and supported by regional integration and liberal
institutionalism theories. In order to determine the associations between factors,
exploratory research design was used in the research study. The research was conducted
in Nairobi City County, and the sample was drawn at random from the relevant
departments in that locale. Purposive and snowballing sampling techniques were used
in selection of key respondents in the research study. Primary data was obtained from
self-administered questionnaires and the use of interviews administered to the relevant
respondents. Secondary data on the other hand was obtained from books, journal,
articles, COMESA annual reports and COMESA meeting decisions. Content analysis -
was used in analysing qualitative data and SPSS version 25 was used in quantitative data analysis. Data was corroborated in order to attain validity. Based on the findings
of the study, it was concluded that the process of implementing the protocol on
COMESA FMP lags behind in Kenya due to hurdles such as; lack of political
commitment, lack of collaboration from stakeholders, slow pace of ratification, fear of
loss of sovereignty and also overlapping membership. However, despite the COMESA
free movement of person`s protocol not being ratified and implemented in Kenya, the
study revealed that notable efforts have been made by Kenya through the issuance of
visa on arrival to other COMESA member states. The study recommended that Kenya
should prioritize and ensure the full implementation and ratification of the COMESA
freedom of movement protocol in order to enhance mobility and achieve the goal of
agenda 2063 that seeks to foster integration and effective mobility in African RECs
Description
A Project Report Submitted in Partial Fulfillment of the Requirements for the Award of the Degree of Master of Arts in International Relations and Diplomacy in the School Of Law, Arts and Social Sciences of Kenyatta University. April 2024
supervisor
Joseph Wasonga