Legal Framework for Free Movement of People Within Africa – A View from the East African Community (EAC)
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Date
2017
Authors
Milej, Tomasz P.
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Abstract
Cross-border movement of persons within Africa has been an important
aspect of African regional integration since the 1970s. Since then, various
treaty frameworks have been put in place to facilitate the free movement of
people seeking employment in other African countries, as well as those
crossing borders for purposes like study, visit or business transactions.
While all those instruments were adopted through Regional Economic
Communities (East African Community [EAC], Economic Community of
West African States [ECOWAS], Common Market for Eastern and Southern
Africa [COMESA] etc.) on the sub-regional level, the African Heads of
State came up with the Free Movement Protocol in 2018, which is the first
treaty instrument governing cross-border movement on the continental
scale. The Protocol is meant to draw upon the experiences in the African
sub-regions. However, as a matter of practice, the migration policies of African
states have been viewing migrants rather as a risk to national security
and the local labour market. The present article analyses the regulatory approach
taken by the Free Movement Protocol (FMP) against the backdrop
of the sub-regional instruments. The focus is not only on the treaty texts,
but also on their political and ideological underpinnings as well as the practice
of implementation. By comparing the various sub-regional legal frameworks,
the article pays particular attention to the experience of the East African
Community, regarded as one of the most advanced sub-regional integration
regimes.
Description
Book Chapter
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Citation
Milej, T. (2019). Legal framework for free movement of people within Africa–a view from the East African Community (EAC). Heidelberg Journal of International Law, 79(4), 935-70.