Econ. Community of W. Afr. States (ECOWAS)

Multilateral in force

INTRODUCTION

The Economic Community of West African States (ECOWAS) was established on May 28, 1975, and consists of 15 member states. ECOWAS is one of the eight regional economic communities recognised by the African Union. Its primary goal is to promote economic and political cooperation, leading to the establishment of an economic union in West Africa. This is intended to improve the living standard, maintain economic stability, and contribute to the development and progress of the region and the continent.  The 1975 founding treaty (Lagos Treaty) was initially focused on economic matters. In 1993, the revised treaty expanded the scope and powers of the organisation to include political cooperation.

The Free movement of persons is one of the objectives as clearly stated in the foundational treaty. Subsequently, regulations on free movement have been adopted since 1979, aimed at achieving this goal through three phases: Phase I: the right of entry and the abolition of visas; Phase II: the right of residence; and Phase III: the right of establishment. It was envisaged that free movement would be achieved in 15 years. While all countries have implemented the right of entry, there is a disparity in implementing phases two and three across the ECOWAS Member States. Most countries still need to align their national laws to allow for the implementation of the right of residence and establishment. Despite these challenges, the free movement of persons in the ECOWAS region is more advanced than that of other African regional groups.

In 2000, ECOWAS introduced a common passport for all member states. In July 2014, the ECOWAS Authority approved the introduction by 2017 of a new ECOWAS national biometric ID card and the abolition of the requirement for residence permits for ECOWAS citizens residing in another ECOWAS state.

In January 2024, Burkina Faso, Mali and Niger announced their withdrawal from the community. In September 2023, they created a mutual defence pact indicating their solidarity in dealing with insecurity – The Alliance of Sahel States (ASS) (in French L'Alliance des États du Sahel (AES)). The organisation focuses on security, terrorism and shared interests, including regional integration. The implications for free movement for this new organisation have yet to be clarified by its members. 

MEMBER STATES

  • REPUBLIC OF BENIN (1975)
  • BURKINA FASO (1975)
  •  REPUBLIC OF CABO VERDE (1976)   
  • REPUBLIC OF CÔTE D´IVOIRE (1975)
  • REPUBLIC OF THE GAMBIA (1975)
  • REPUBLIC OF GHANA (1975)
  • REPUBLIC OF GUINEA (1975)
  • REPUBLIC OF GUINEA-BISSAU (1975)
  • REPUBLIC OF LIBERIA (1975)
  • REPUBLIC OF MALI (1975)
  • REPUBLIC OF NIGER (1975)
  • FEDERAL REPUBLIC OF NIGERIA (1975)
  • REPUBLIC OF SENEGAL (1975)
  • REPUBLIC OF SIERRA LEONE (1975)
  • TOGOLESE REPUBLIC (1975)

Mauritania, a founding member of ECOWAS, withdrew its membership in December 2000.

HEADQUARTERS

Abuja, Nigeria

DATE OF CREATION

28 May 1975

TIMELINE

1975Creation of ECOWAS and adoption of the Lagos treaty on 28 May
1977Cabo Verde joined ECOWAS on 16 March
1979Adoption of the protocol on free movement of persons, residence and establishment on 29 May
1982Adoption of the protocol defining a community citizen on 29 May
1985Adoption of Supplementary Protocol A/SP. 1/7/85 on 6 July
1986Adoption of the supplementary protocol on the right of residence on 1 July
1989Adoption of Supplementary Protocol A/SP. 1/6/89 on 30 June
1990Adoption of the supplementary protocol on the right of Establishment on 29 May
1993Adoption of the revised ECOWAS treaty on 24 July
1999Mauritania withdrew its membership on 26 December
2008Adoption of the ECOWAS Common Approach on Migration on 18 January
2014Adoption of the supplementary acts amending the 1979 protocol and 1985 supplementary protocol, effectively removing the 90-day limit on 11 July
2017Mauritania signed a new associate membership agreement in August
2024Mali, Burkina Faso and Niger announce their withdrawal from ECOWAS on 28 January

KEY LEGAL DOCUMENTS 

Treaty of the Economic Community of West African States (ECOWAS), 28 May 1975, Lagos, Nigeria

Revised Treaty of The Economic Community of West African States (ECOWAS), 24 July 1993, Cotonou, Benin

Protocol A/P/1/5/79 Relating to Free Movement of Persons, Residence and Establishment

Protocol A/P/ 3/5/82 Relating to The Definition of Community Citizen

Supplementary Act A/SA. 1/07/14 Amending Paragraph 8 of Article 1, Paragraphs 1 and 2 of Article 3 and Paragraphs 1 and 2 of Article 5 of Protocol A/P/1/3/79 Relating to Free Movement of Persons, Residence and Establishment relating to travel documents

Supplementary Protocol A/SP. 1/7/85 on the Code of Conduct for The Implementation of the Protocol on Free Movement of Persons, The Right of Residence and Establishment

Supplementary Act A/SA. 2/07/14 Amending Paragraph 9 of Article 1 of Protocol A/SP.1/7/85 on the Code of Conduct for the Implementation of the Protocol on Free Movement of Persons, The Right of Residence and Establishment

Supplementary Protocol A/SP. 1/7.86 on the Second Phase (Right of Residence) of The Protocol on Free Movement of Persons, The Right of Residence and Establishment

Supplementary Protocol A/SP. 1/6/89 Amending and Complementing the Provisions of Article 7 of the Protocol on Free Movement, Right of Residence and Establishment

Supplementary Protocol A/SP. 2/5/90 on the Implementation of the Third Phase (Right of Establishment) of The Protocol on Free Movement of Persons, Right or Residence and Establishment

FURTHER LEGAL AND POLICY DOCUMENTS

Decision A/DEC.2/7/85 Decision of the Authority of Heads of State and Government of the Economic Community of West African States Relating to the Establishment of ECOWAS Travel Certificate for Member States, 6 July 1985.

Decision A/DEC. 01/12/14 Amending Decision A/DEC2/7/85 Establishing a Travel Certificate for ECOWAS Member States, 15 December 2014.

Decision A/DEC2/5/90 of the Authority of Heads of State and Government establishing a Residence Card in ECOWAS Member States, 30 May 1990.

Decision C/DEC. 3/12/92 on the Introduction of a Harmonised Immigration and Emigration Form in ECOWAS Member States, 5 December 1992.

Supplementary Act A/SA.5/07/13 relating to the General Convention on Social Security of Member States of ECOWAS, Abuja, 18 July 2013.

ECOWAS Common Approach on Migration, 33rd 3ordinary Session of the Head of State and Government Ouagadougou, 18 January 2008.

ECOWAS Humanitarian Policy, ECOWAS Commission, March 2012.

ECOWAS Gender and migration framework and plan of action 2015 – 2020.

ECOWAS Regional Climate Strategy (RCS) and Action Plan (2022-2030), ECOWAS Commission, April 2022.

FURTHER READING

Aderanti Adepoju (2015), Operationalizing the ECOWAS Protocol on Free Movement of Persons: Prospects for Sub-Regional Trade and Development. In: Panizzon, M., Zürcher, G., Fornalé, E. (eds) The Palgrave Handbook of International Labour Migration. Palgrave.

Arhin-Sam, K., Bisong, A., Jegen, L., Mounkaila, H., & Zanker, F. (2022). The (in)formality of mobility in the ECOWAS region: The Paradoxes of Free Movement, South African Journal of International Affairs, 29(2), 187–205. https://doi.org/10.1080/10220461.2022.2084452

Awumbila, M., Benneh, Y., Teye, J.K. & Atiim, G., (2014). Across artificial borders: An assessment of labour migration in the ECOWAS region. Brussels: ACP Observatory on Migration. Research Report 2014 ACP/OBS/2014/PUB05

Bluett. K. & Davy, D. (2020). Access to essential services for people on the move in the ECOWAS Region: A report on legal frameworks and barriers to freedom of movement, residence and establishment, and access to healthcare, education, employment, housing and legal assistance. International Federation of Red Cross and Red Crescent Societies and the United Nations High Commissioner for Refugees

Bolarinwa, J. (2015), The ECOWAS Free Movement Protocol: Obstacle or Driver of Regional Integration?, Insight on Africa, 7(2), pp. 154-168.

Charrière, F. & Frésia, M., (2008). West Africa as a Migration and Protection area. New York, NY:United Nations High Commissioner for Refugees.

Yeboah, T., Kandilige, L., Bisong, A., Garba, F., & Kofi Teye, J. (2021). The ECOWAS Free Movement Protocol and Diversity of Experiences of Different Categories of Migrants: A Qualitative Study. International Migration, 59(3), pp. 228-244. https://doi.org/10.1111/imig.12766

Zanker, F., Bisong, A., & Jegen, L. (2022). Free Movement in West Africa: The culture of mobility still matters despite challenges. The Conversation, 29 August 2024

Zanker, F., Bisong, A., & Jegen, L. (2024), Free movement in West Africa: three countries leaving Ecowas could face migration hurdles, The Conversation, 21 February 2024.

Joseph Kofi Teye (ed.) (2022), Migration in West Africa. IMISCOE Regional Reader, Springer.