Africa

INTRODUCTION

Depending on who does the counting, and whether the Sahrawi Arab Democratic Republic is included as a recognised state, Africa is made up of 55 countries in line with the African Union, or 54 in accordance with the United Nations. In theory, 35 out of these countries are part of either a bilateral or multilateral regime which is, on paper, in force and valid. While the Freemove project does not deal with implementation, it is worth mentioning at the outset that the reality on the ground is much more complex, with many of these regimes being little known and/or applied. Throughout our research, it has been very difficult in some cases to even locate the key legal instruments, let alone to confirm their ratification by the relevant parties.

The Freemove project has identified ten bilateral regimes. Five are in force as of 1 January 2024: Algeria-Morocco, Algeria-Tunisia, Morocco-Tunisia, Mali-Niger, and Niger-Tunisia. In turn, Cameroon and Mali no longer have a free movement regime as of 2016. Finally, we have not yet been able to clarify the ratification dates for four bilateral regimes: Mali-Mauritania, Guinea-Mali, Burkina Faso-Mali, and Libya-Tunisia.

The Freemove project has also identified eight multilateral regimes in Africa. Four of them are not yet in force since not enough states have ratified them: the African Union, COMESA, IGAD, and SADC. The other four regimes are in force: ECOWAS, EAC, ECCAS, and WAEMU. While all of them face difficulties in their implementation, notably ECCAS, their legal instruments have been ratified and are legally binding. The Freemove project does not analyse the Arab Maghreb Union (AMU) or the Community of Sahel-Saharan States (CEN-SAD). Both have free movement of people among their objectives in their founding treaties (Article 2 and Article 3, respectively), but none of them have adopted any specific agreement to achieve this goal.

Over the past 30 years, Africa has prioritised the free movement of people in managing migration. This has been evident in the efforts of both the African Union and various sub-regional organisations. However, there are still instances where agreements are adopted but not ratified. The reasons for this gap have been the subject of several studies to which we refer under the various regimes.

FURTHER READING

George Mukundi Wachira, Study on the Benefits and Challenges of Free Movement of Persons in Africa, IOM and African Union Commission, Geneva, 2018.

Emmerentia Erasmus (coordinator and lead author) (2013), MME on the Move A Stocktaking of Migration, Mobility, Employment and Higher Education in Six African Regional Economic Communities, ICMPD.

Tamara Wood (2019), The role of free movement of persons agreements in addressing disaster displacement. A study of Africa, Platform on Disaster Displacement.

Alan Hirsch, ‘Framing a study of African migration governance reform. Towards freer movement’, New South Institute, Johannesburg, 2023.

Algeria and Morocco signed an Establishment Convention (Convention d´établissement) in 1963, which was modified by an Annex Protocol in 1969. The provisions of both instruments were further clarified via a 1969 Exchange of Letters. In accordance with the Preamble of the 1963 Convention, the main reasons for its adoption relate to the close links between both countries and the need to reinforce them to facilitate the advent of a “Great Arab Maghreb”. The 1963 Convention, as modified by the 1969 Annex, offers nationals of each state party the possibility to freely enter, stay, circulate, and establish themselves in the territory of the other state party (entrer, sojourner, circuler et s´y établir). The legal instruments also enshrine the principles of reciprocity and non-discrimination with nationals. All three instruments were ratified by both Algeria and Morocco in 1969 and have not been denounced. 

The Arab Maghreb Union, which includes Algeria and Morocco, was established in 1989. According to Article 2 of its founding treaty, one of its aims is to work for the progressive realization of the free movement of persons. However, no protocol or other legal instrument has been adopted in this regard. 

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Mali and Mauritania signed an Establishment and Circulation of Persons Convention (Convention d’Établissement et de Circulation des Personnes) in 1963. According to its preamble, the primary reasons for its adoption were the friendly ties between the two countries, the commitment to achieving African unity, and the aim to provide their respective nationals with a privileged status in each other’s territory. The Convention offers nationals of each state party the freedom to enter, travel, and choose a domicile of their choice in the territory of the other state party (entrer librement sur le territoire de l'autre Etat, y voyager, y établir sa résidence dans le lieu de leur choix). It also offers access to the labour market as well as other rights. It has not been possible to confirm whether the Convention was ratified by one or both countries. According to a report produced by international organizations, the Convention has ceased to be implemented (ICMPD/IOM, 2015, p. 235). This possibly means the Convention was in place at some point. Mauritania was part of ECOWAS until 2000, when it withdrew its membership. In early 2024, Mali also announced its decision to withdraw its membership. 

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Algeria and Tunisia signed an Establishment Convention (Convention d´établissement) in 1963. Following the Preamble of the Convention, the main reasons for its adoption relate to the close links between both countries and the need to reinforce them to facilitate the advent of a “Great Arab Maghreb”. The 1963 Convention offers nationals of each state party the possibility to freely enter, stay, circulate, and establish themselves in the territory of the other state party (entrer, sojourner, circuler et s´y établir). It also enshrines the principles of reciprocity and non-discrimination with nationals. The Convention was ratified by Algeria in 1963 and by Tunisia in 1966. It has not been denounced. The Freemove project does not assess domestic implementation. However, based on various sources, both countries discussed and took steps towards effective implementation between 2012 and 2015.

The Arab Maghreb Union was established in 1989. It includes Algeria and Tunisia. According to Article 2 of its founding treaty, one of its aims is to work for the progressive realization of the free movement of persons. However, no protocol or other legal instrument has been adopted.

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Cameroon and Mali signed a General Convention on Establishment and Circulation of Persons (Convention générale d’établissement et de circulation des personnes) in 1964. According to its preamble, the primary reasons for its adoption were the friendly ties between the two countries, the commitment to achieving African unity, and the aim to provide their respective nationals with a privileged status in each other’s territory. The Convention offered nationals of each state party the freedom to enter, travel, and choose a domicile of their choice in the territory of the other state party (entrer librement sur le territoire de l'autre Etat, y voyager, y établir sa résidence dans le lieu de leur choix). It also offered the right to work as well as other rights. It has not been possible to confirm when the Convention was ratified by each country. However, the Convention was replaced by a new Agreement in 2015 (Accord relatif à la circulation des personnes et des biens) which restricted many of the previous provisions and ended the free movement regime between both nations and introduced a visa requirement.

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Guinea and Mali signed an Establishment and Circulation of Persons Convention (Convention d’Établissement et de Circulation des Personnes) in 1964. According to its preamble, the primary reasons for its adoption were the friendly ties between the two countries, the commitment to achieving African unity, and the aim to provide their respective nationals with a privileged status in each other’s territory. The Convention offers nationals of each state party the freedom to enter, travel, and choose a domicile of their choice in the territory of the other state party (entrer librement sur le territoire de l'autre Etat, y voyager, y établir sa résidence dans le lieu de leur choix). It also offers the right to work as well as other rights. It has not been possible to confirm if the Convention was ratified by one or both countries. Guinea and Mali have been part of ECOWAS. However, in early 2024, Mali announced its decision to withdraw its membership. 

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Morocco and Tunisia signed an Establishment Convention (Convention d´établissement) in 1964. In accordance with its Preamble, the main reasons for its adoption relate to the close links between both countries and the need to reinforce them to facilitate the advent of a “Great Arab Maghreb”. The Convention offers nationals of each state party the possibility to freely enter, stay, circulate, and establish themselves in the territory of the other state party (entrer, sojourner, circuler et s´y établir). The Convention was ratified by both Morocco and Tunisia in 1966 and has not been denounced. 

The Arab Maghreb Union, which includes Morocco and Tunisia, was established in 1989. According to Article 2 of its founding treaty, one of its aims is to work for the progressive realisation of the free movement of persons. However, no protocol or other legal instrument has been adopted.

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Mali and Niger signed an Establishment and Circulation of Persons Convention (Convention d’Établissement et de Circulation des Personnes) in 1964. According to its preamble, the primary reasons for its adoption were the friendly ties between the two countries, the commitment to achieving African unity, and the aim to provide their respective nationals with a privileged status in each other’s territory. The Convention offers nationals of each state party the freedom to enter, travel, and choose a domicile of their choice in the territory of the other state party (entrer librement sur le territoire de l'autre Etat, y voyager, y établir sa résidence dans le lieu de leur choix). It also offers the right to work as well as other rights. The Convention was ratified by Mali in 1964. It has not been possible to confirm when Niger ratified it. However, according to academic reports Maiga (2011, p. 1), the Convention entered into force in 1965. To the best of our knowledge, the Convention has not been denounced in accordance with Article 20. The Embassy of Niger in Mali mentions the Convention as being in place. Mali and Niger have been part of ECOWAS. However, in early 2024, they announced their decision to withdraw their membership.

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Niger and Tunisia signed an Establishment Convention (Convention d´établissement) in 1966. According to its preamble, the primary reasons for its adoption were the friendly ties between the two countries, the commitment to achieving African unity, and the aim to provide their respective nationals with a privileged status in each other’s territory. The Convention offers nationals of each state party the freedom to enter, travel, and choose a domicile of their choice in the territory of the other state party (entrer librement sur le territoire de l'autre Etat, y voyager, y élire domicile dans le lieu de leur choix). It also offers access to the labour market and other rights. The Convention was ratified by both Niger and Tunisia in 1967. To the best of our knowledge, the Convention has not been denounced in accordance with Article 16.

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Burkina Faso (Haute Volta at the time) and Mali signed an Establishment and Circulation of Persons Convention (Convention d’Établissement et de Circulation des Personnes) in 1969. According to its preamble, the primary reasons for its adoption were the friendly ties between the two countries, the commitment to achieving African unity, and the aim to provide their respective nationals with a privileged status in each other’s territory. The Convention offers nationals of each state party the freedom to enter, travel, and choose a domicile of their choice in the territory of the other state party (entrer librement sur le territoire de l'autre Etat, y voyager, y établir sa résidence dans le lieu de leur choix). It also offers access to the labour market as well as other rights. The Convention was ratified by Mali in 1969. It has not been possible to confirm when Burkina Faso ratified the Convention. To the best of our knowledge the Convention has not been denounced. Both countries were part of ECOWAS until early 2024, when they announced their decision to withdraw their membership. 

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Libya and Tunisia have a long history of bilateral treaties to facilitate migration between each other. In 1961, they adopted an Establishment Convention, which did not, however, constitute a free movement regime. Unlike other establishment Conventions negotiated during the same period between other Northern African countries, under the 1961 Treaty, the two states reciprocally undertook to facilitate circulation and residence while keeping all prerogatives to prohibit immigration or to adopt provisions regulating the admission of foreign labour. Later, in 1973, they signed a Convention on the right to ownership, work, the exercise of an occupation or trade, the establishment of a domicile, and movement (Convention relative au droit de propriété, au droit de travail, a l´exercice des professions et des métiers, au droit d´établissement et au droit de circuler). Following the Preamble of the Convention, the main reason for its adoption relates to the fraternal links between both countries. The 1973 Convention offers nationals of each state party the possibility to circulate and establish themselves in the territory of the other state party. It also enshrines the right to work as well as other rights. The Convention was ratified by Tunisia in 1974. We have not been able to confirm when it was ratified by Libya. To the best of our knowledge, it has not been denounced. The Arab Maghreb Union was established in 1989. It includes both Libya and Tunisia. According to Article 2 of its founding treaty, one of its aims is to work for the progressive realisation of the free movement of persons. However, no protocol or other legal instrument has been adopted.

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The African Union (AU) was established in 2001 when the Constitutive Act of the African Union entered into force on May 26. This Act, which was adopted in Togo in 2000, officially launched the AU in 2002 as a replacement for the Organisation of African Unity, established in 1963. The AU’s primary goals are to achieve greater unity and solidarity among African countries and to accelerate the political and socio-economic integration of the continent (Article 3, 2001 Treaty). All 55 Member States have ratified the Constitutive Act. Notably, the Act does not address the free movement of people.

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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.

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The Treaty for the Establishment of the East African Community (EAC Treaty) was signed on 30 November 1999 and entered into force on 7 July 2000 following its ratification by the three founding Partner States, Tanzania, Uganda and Kenya. Rwanda and Burundi acceded to the EAC Treaty and became full members in 2007, and South Sudan in 2016. DRC joined in 2022, while Somalia, admitted in November 2023, became a full member in March 2024. The EAC is one of the eight regional economic communities recognised by the African Union.

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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.

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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.

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The Intergovernmental Authority on Drought and Development (IGADD), founded in 1986 was a joint commitment to mitigate the effects of recurring severe droughts and other natural disasters that plagued the region. On 25 November 1996, it became the Intergovernmental Authority on Development (IGAD) when the organisation’s mandate was revitalised and the areas of cooperation enhanced to deal with food security and environmental protection, economic cooperation, regional integration and social development, and peace and security. IGAD is one of the eight regional economic communities recognised by the African Union.

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The Southern African Development Community (SADC) was created in 1980 as the Southern African Development Coordination Conference (SADCC). SADCC at the time comprised all the independent southern African countries who joined together for economic cooperation, with the added aim of reducing their dependence on apartheid South Africa. SADCC was formalised in 1992 and given the necessary legal status thus becoming SADC, and once all the Southern African countries had gained independence, the region’s objective shifted its focus to economic integration. SADC is one of the eight regional economic communities recognised by the African Union.

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The West African Economic and Monetary Union (WAEMU) – in French L’Union Economique et Monétaire Ouest-Africaine (UEMOA) – was established on 10 January 1994 and consists of eight member states. WAEMU, based on its founding treaty signed in Dakar, aims to promote economic and financial integration through the following five main objectives: (i) strengthening the competitiveness of the economic and financial activities of States; (ii) convergence of the economic performance and policies of States by the institution of a multilateral surveillance mechanism (iii) the creation of a common market based on the free circulation of people, goods, services, capital and settlement rights (iv) the coordination of national sectoral policies; (v) The harmonisation of the legislation of member states.

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