Common Market for E. and S. Africa (COMESA)

Multilateral not in force

INTRODUCTION

The Common Market for Eastern and Southern Africa (COMESA) was formed in 1994 and replaced a Preferential Trade Area which had existed since 1981. Its founding Treaty was signed in 1993 and entered into force on 8 December 1994. COMESA is one of the eight regional economic communities recognised by the African Union.

In order to achieve the objectives established under Article 3 of the Treaty, the Member States agreed to remove obstacles to the free movement of persons, labour and services, right of establishment for investors and right of residence within the Common Market (Art. 4(6)(e)). Also, under Art. 164 of the Treaty, the Member States agreed “to adopt, individually, at bilateral or regional levels the necessary measures in order to achieve progressively the free movement of persons, labour and services and to ensure the enjoyment of the right of establishment and residence by their citizens within the Common Market” and to adopt a Protocol for this purpose. Such a Protocol was adopted in 1998. Yet, it has only been signed by four Member States (Kenya, Rwanda, Zimbabwe and Burundi) and ratified by Burundi and Rwanda. At least seven countries must ratify the Protocol before it enters into force. In the meantime, a 1984 Protocol on the Gradual Relaxation and Eventual Elimination of Visa Requirements within the PTA adopted under the PTA Treaty, which is in force, remains valid until the entry into force of the Protocol on Free Movement of Persons. However, the Visa Protocol does not establish a free movement regime.

MEMBER STATES

The Common Market for Eastern and Southern Africa (COMESA) consists of 21 Member States.

REPUBLIC OF BURUNDI (1981)
DEMOCRATIC REPUBLIC OF CONGO (1981)
UNION OF THE COMOROS (1981)
REPUBLIC OF DJIBOUTI (1981)
STATE OF ERITREA (1994)
FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA (1981)
REPUBLIC OF KENYA (1981)
REPUBLIC OF MADAGASCAR (1981)
REPUBLIC OF MAURITIUS (1981)
REPUBLIC OF RWANDA (1981)
REPUBLIC OF SEYCHELLES (2001)
FEDERAL REPUBLIC OF SOMALIA (1981)
REPUBLIC OF THE SUDAN (1981)
REPUBLIC OF UGANDA (1981)
ARAB REPUBLIC OF EGYPT (1999)
LIBYA (2005)
REPUBLIC OF TUNISIA (2018)
KINGDOM OF ESWATINI (1981)
REPUBLIC OF MALAWI (1981)
REPUBLIC OF ZAMBIA (1981)
REPUBLIC OF ZIMBABWE (1981)

HEADQUARTERS

Lusaka, Zambia

DATE OF CREATION

8 December 1994

TIMELINE

1993	Signature of COMESA’s founding Treaty on 5 November
1994	Entry into force of COMESA’s founding Treaty on December
1998	Adoption of the Protocol on the Free Movement of Persons on 29 June

KEY LEGAL DOCUMENTS

Treaty establishing the Common Market for Eastern and Southern Africa, signed 5 November 1993, entered into force 8 December 1994

Protocol on the free movement of persons, labour, services, right of establishment and residence, Kinshasa, Democratic Republic of the Congo, 29 June 1998, not in force.

FURTHER LEGAL DOCUMENTS

Protocol Relating to the Gradual Relaxation of and Eventual Elimination of Visa Requirements Within the Common Market for East and Southern Africa, adopted December 1984 (Visa Protocol).