Econ. Community of Cent. Afr. States (ECCAS)

Multilateral in force

INTRODUCTION

The Economic Community of Central African States (ECCAS) was established in 1983 with the adoption of its founding Treaty. The treaty was revised in 2019, and the new text entered into force in 2020. ECCAS is one of the eight regional economic communities recognised by the African Union.

Six ECCAS Member States (Cameroon, Central African Republic, Chad, Equatorial Guinea, Gabon, and the Republic of Congo) are also part of the Economic and Monetary Community of Central Africa (CEMAC) – in French Communauté Économique et Monétaire de l’Afrique Centrale. In turn, three ECCAS Member States (Burundi, Democratic Republic of Congo and Rwanda) are part of the Economic Community of the Great Lakes Countries (ECGLC) – in French Communauté Économique des Pays des Grand Lacs (CEPGL). There have been some developments in order to merge all three regional organisations into one. While the ECGLC does not have any legal instruments on free movement of people, CEMAC does have some which are of interest to this project.

The ECCAS 1983 Treaty was established with the objective, among other things, of progressively abolishing the obstacles to the free movement of persons (Art. 4 (2) (e)). It incorporated as an Annex a Protocol on Freedom of Movement and Right of Establishment. According to Article 92 of the Treaty, Annexes are an integral part of the Treaty. Therefore, the Protocol entered into force on the same date as the Treaty, that is, on 18 December 1984. Finally, its Revised 2019 Treaty includes as one of its objectives, in addition to abolishing obstacles to the free movement of persons, to establish community citizenship (Art. 4(2)(n)). In accordance with Articles 59 and 60, nationals of Member States are considered Community citizens. In turn, the Member States agree, in line with the Free Movement Protocol, which is again annexed to the Revised Treaty, to put in place the formalities to allow them to circulate, reside, and establish themselves inside the Community. Member States also guarantee free movement for workers, in accordance with the Protocol.

ECCAS experienced a period of hibernation between 1992 and 1997. During this period, seven of its eleven Member States were in a period of conflict to the point of making the sub-regional organisation inoperative. In Malabo, in June 1999, the Heads of State and Government adopted the “Recovery and Revitalization Program”, drafted in December 1998. The program detailed a new vision of integration based on four main areas, including human integration – which deals with the free movement of persons, along with regional integration.

According to ECCAS’ official website, free movement of persons is one of the six priority areas of integration and its success depends on the effective application of the Protocol on free movement. Some sources argue that the Protocol is not being implemented in the region and that even most countries require visas for nationals of other Members States. The Freemove project considers that, in line with ECCAs Treaty, the Protocol has been legally binding since 18 December 1984. The Freemove project does not, however, assess the implementation of the various free movement regimes at the domestic level.

MEMBER STATES

The Economic Community of Central African States (ECCAS) – in French Communauté Economique des Etats de l’Afrique Centrale (CEEAC) – consists of 11 Member States.

REPUBLIC OF ANGOLA (1999)
REPUBLIC OF BURUNDI (1983)
REPUBLIC OF CAMEROON (1983)
CENTRAL AFRICAN REPUBLIC (1983)
REPUBLIC OF CHAD (1983)
REPUBLIC OF THE CONGO (1983)
DEMOCRATIC REPUBLIC OF CONGO (1983)
REPUBLIC OF EQUATORIAL GUINEA (1983)
GABONESE REPUBLIC (1983)
REPUBLIC OF RWANDA (1983)
DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE (1983)

HEADQUARTERS

Libreville, Gabon

DATE OF CREATION

18 October 1983

TIMELINE

1983	Adoption of the Founding Treaty on 18 October at Libreville
1983	Adoption of a Protocol on Freedom of Movement and Right of Establishment as an Annex VII of the Founding Treaty on 18 October
1984	ECCAS Founding Treaty, including its Protocol on Free Movement as annexed to the Treaty, enters into force on 18 December
1999	Adoption of the Recovery and Revitalization Program in June at Malabo
2019	Adoption of a Revised Treaty on 18 December
2020	Entry into force of the new Revised Treaty on 28 August

KEY LEGAL DOCUMENTS

Treaty establishing the Economic Community of Central African States, 18 October 1983, entered into force on 18 December 1984

Protocol relating to the Freedom of Movement and Right of Establishment of Nationals of Member States within the Economic Community of Central African States, 18 October 1983.

Revised Treaty establishing the Economic Community of Central African States (ECCAS), signed in Libreville, Gabon, 18 December 2019.