REV REVISIT ITING T THE M MIGRA RATIO ION RE REGIM IMES W WITHIN IN T THE C COMESA, E EAC a and S SADC DC The question relating to migration regimes within these regional blocks speaks directly to the issue of the AU and the establishment of the African economic community by 2028. Briefly, the African Union (AU) through the Abuja Treaty aims for continental integration to be set up through an African Economic Community (AEC). The strategy for attaining the economic community is through regional economic communities (RECs), which will be the building blocks of the continental economic community. Eight such RECs across Africa constitute these building blocks and move Africa towards the continental community. The progress EAC, COMESA and SADC make in its migration frameworks and integration impacts the AU’s continental economic community agenda. Migration and particularly, free movement of persons across a region’s borders constitutes one of four factors whose movement is essential to enhancing regional and continental integration.
AU policy frameworks on migration The AU defines its approach to migration through two key policy frameworks: the Migration Policy Framework for Africa (MPFA), and the African Common Position on Migration and Development (ACPMD). The MPFA addresses nine key migration issues including labour migration, border management, irregular migration, forced displacement, the human rights of migrants, internal migration, migration data, migration and development, and inter- state cooperation and partnerships (AU, 2006a). The ACPMD on the other hand raises eleven priority policy issues and recommendations for national, continental and international action. These include Migration and Development, Human Resources and the Brain Drain, Remittances, Trade, Migration and Peace, Security and Stability, Migration and Human Rights, Gender, Regional Initiatives and Access to Social Services. The AU encourages Members to adopt employment policies that allow free movement of people within the envisaged AEC. The Abuja Treaty provides for Member States to gradually remove obstacles to the free movement of persons, capital, goods and services and give Member State citizens the right of residence and establishment in second AU States.
AU policy frameworks on migration Accomplishing free movement of persons in COMESA, EAC and SADC, therefore, contributes to the realization of the AU’s goals. There are several policy instruments, commissions and declarations by the AU that affect and facilitate migration, but are not specifically crafted to govern it Examples include the 2004 AU Plan of Action on Employment Promotion and Poverty Alleviation The 2012 AU Plan of Action on Boosting Intra African Trade, the 9th Ordinary Session of the AU Labour and Social Affairs Commission of 2013, and the Declaration on Migration adopted by the 25th AU Assembly in June 2015. The Joint Labour Migration Governance Programme (JLMP) - a four-year AU-led initiative for regional integration and development in Africa, co-sponsored by the AU Commission (AUC), the ILO, the International Organization for Migration (IOM) and the United Nations Economic Commission for Africa (UNECA). It was endorsed by the Extraordinary Session of the AU Labour and Social Affairs Commission (LSAC) in Windhoek, Namibia, in April 2014 and adopted by AU Heads of State and Government at the 24th Session of the AU Assembly in Addis Ababa, Ethiopia, in January 2015.
AU policy frameworks on migration The JLMP mainly aims at strengthening the effective governance of labour migration and the promotion of decent work for regional integration and inclusive development in Africa. The intra-Africa Talent Mobility Partnership Program (TMP) - a voluntary initiative between selected African countries in West, Eastern and Southern Africa. The 1998 AU Protocol on Relations between the AEC and the RECs provides for inter-REC cooperation, an avenue that the communities are already exploiting. For instance, at their 2005 Summit, COMESA, the EAC and SADC proposed stronger and deeper economic integration, resulting in a tripartite free trade area for 26 African countries. Three years later, the tripartite leaders drew up a harmonization programme for trading arrangements, free movement of people, joint implementation of inter-regional infrastructure programs and institutional arrangements for cooperation (COMESA-EAC-SADC Tripartite, 2012). The free trade area was launched in 2015, but cross-border migration and labour policies are scheduled for inclusion only in Phase II of the negotiations, which should be concluded by 2017. For the time being, labour migration regimes remain ad-hoc and haphazard. Further a discussion of migration regimes, regional and continental integration falls within Africa`s vision and action as encapsulated in the Agenda 2063, Africa’s continental master plan for development
COMESA, EAC AND SADC migration regimes • All these regional economic blocks are founded on neoliberal economic thinking. • Although there may be variations, the Balassian Model (Balassa 1961)on regional integration appears to influence the direction that these regional blocks are taking. First, integrating countries establish a free trade area (FTA) • • Second, the integrating countries adopt a common external tariff (CET), which is the basis for the formation of a customs union (CU). • Third, the CU progresses to a Common Market. The fourth, stage involves the establishment of an economic and monetary union (EMU) based on supranational institutions, which govern economic policies. In the model of integration that these regional blocks follow, migration especially that of • people, capital goods and services is essential is central.
COMESA Made up of 19 members, it was originally a Preferential Trade Area and its formation is based on the Balassian thinking. It is in this regard that it has adopted several instruments and protocols, which are important to the movement of people, goods, capital and services. Protocol on the Gradual Relaxation and Eventual elimination of Visa Requirement (Visa Protocol). This targets the free movement of people in the region. The effective implementation of the Protocol remains problematic (1984). Protocol on the Free Movement of Persons, Labour Services, Right of Establishment and Residence (2001). Protocol is not in force; member states have not signed the Protocol. One border concept, the harmonisation of customs processes (Nshimbi 2013) e.g. Zambia- Zimbabwe border.
EAC The Treaty establishing the EAC targets setting up a CU, CM and MU and the ultimate is a political federation. CU 2005 CM 2010 Working on MU East African passport for travel within the EAC – Kenya, Uganda and Tanzania are using it Common flag Single currency EAC Protocol on the Establishment of EAC Common Market (2009) – free movement of goods, services, capital and labour (Common Market Protocol) CMP on person, workers and self-employed people and the application of different rules on these categories Kenya and Rwanda have abolished work permit requirements for EAC citizens One stop border posts EAC is yet to formulate a regional protocol on the free movement of persons as per te provisions of the EAC Treaty (Article 104.2)
SADC DC Made up of 15 member states, just like COMESA and EAC, it targets regional integration • through the Balassian stages of regional integration. Declaration and Treaty of SADC (1992), aim at the progressive elimination of obstacles to the free movement of capital and labour, goods and services and people. In this regard the SADC has come up with policies and protocols to achieve this. • Draft Protocol on the Facilitation of Movement of Person in SADC (2005). Not in full force because of the required minimum two thirds of ratifications – history, lack of commitment, emphasis of managed migration and free movement of people (See Williams and Car 2006). • Six countries -Botswana, Lesotho, Mozambique, South Africa, Swaziland and Zambia have ratified the Protocol as of June 2016. Zambia ratified in March 2013 • So there is no regional framework for managing migration in the SADC. There is also emphasis on bilateral than regional agreement approaches to the issue of migration (see Segatti 2012) eg visa free entry for South Africa`s neighbours up to 90 days, which is not extended to the regional level. Bilateral agreement between South Africa, Botswana, Lesotho,, Malawi, Mozambique, Namibia, Swaziland and Zimbabwe (Nshimbi and Fioramonti2013)
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