Assessment of the ECOWAS Protocol on Free Movement of Persons, Right of Residence, and Establishment
Chapter One
Preamble of the Study
This paper traces the historical antecedents of the Economic Community of West African States’ (ECOWAS) protocol on free movement of persons, its rationale and discusses issues surrounding its implementation among the member countries. Section one looks at the historical background of West African migration, types and factors influencing population movements as well as direction of migrations flows. The next section examines the protocol and discusses the issues of convergence and divergence among the member states and identifies factors affecting effective implementation. The final section looks at factors required for effective free movement of persons, goods and services to facilitate the materialisation of economic integration.
The quest for economic development and regional integration among West African countries necessitated the establishment of the Economic Community of West Africa States (ECOWAS) in 1975. According to the ECOWAS Treaty, the central objective of this sub-regional organization is:
To promote co-operation and integration, leading to the establishment of an economic order in West Africa that is geared towards raising the living standard of citizens of Member States, enhancing economic stability, fostering economic relations among member states, and contributing to the development of the African continent (ECOWAS Protocol on Free Movement 1979: p.1),
CHAPTER TWO
LITERATURE REVIEW
Conceptual and theoretical underpinnings
There is no doubt that the recognition of the need for economic integration including the free flow of persons, goods, and services stimulated the enactment of Protocol on Fee Movement of Persons and the Right of Residence and Establishment in 1979. The essence of the framework is to encourage, foster, and accelerate the economic and social development of the member states (ECOWAS Protocol, 1979). The first phase of the Protocol that guaranteed free entry of citizens from member states without a visa for ninety days was ratified by all member states in 1980. The second phase of the protocol that guarantees the right of residency to all citizens of member states was ratified by member states in July 1986 while the right of the establishment came into effect in 1990. Ever since the nature and character of the implementation of the Protocol have become a source of debate among scholars.
To start with, The ECOWAS policy of integration is anchored on the principle of unrestricted international mobility and free trade which is in line with the philosophy of the common market theory. The essence is to remove encumbrances that are capable of militating against the movement of citizens of the community and goods within the member-states (Ochoga, 2023). In other words, ECOWAS policy of integration believes that the international boundaries in Africa divided West Africans but these boundaries should prevent not regional integration. It is on this premise that Wilson (2015, p.4) contends that “the demarcation of the boundaries by the colonial powers divided territorial frontiers but the aged long economic and socio-political affection existing among border communities seems to make such demarcation a mere artificial exercise”.
This implies that the common practice was that every community know where its territory begins and where its ends. This kind of ancient border system was necessitated by the fear of the unknown which characterized the African societies in antiquity. The legal and administrative utility of the ancient African borders management system was aptly captured by Anene (1970) as cited in Asemanya (2006, p.21).
Generally, three types of frontiers zones may be identified in pre-colonial Africa. These are- zone of contact, zone of separation, and mixed frontiers zone. Frontiers of contact usually existed where different cultural and political groups lived side by side and intermingled with themselves in normally well-populated areas. Most of the politically active groups were likely to acquire this type of boundary…
This implies that most areas of Nigeria’s boundaries with other West African states have had frontiers separation. Considering that there was traditionally a border system based on heterogeneous communities typical of Nigeria and her West African neighbors. Thus, the take- home message from Anene’s contention is that even the pre-colonial African societies had their system of the boundary of which security reasons are not excluded. In antiquity, this boundary system is rooted in enclaves but not the conventional frontiers in its sense. While boundary was not an obstacle to migration among the different ethnic groups that lived in the Nigeria-Niger, Benin border areas among others, the nomadic groups, especially the Fulani move freely from place to place, looking for water and suitable grassland for their cattle (Asemanya 2006). For instance, the nomadic occupation of the herdsmen who dominated the Nigeria-Niger border communities is to a large extent prepared the gateway for economic, political, and social integration of the communities with little or no regard to the security challenges of such influx. Thus, the forces of the historic integration have made the colonial boundary borderless. Before the Berlin Conference of 1884-5, those Nigerian border communities in, Sokoto, Zamfara, Katsina, and the Kebbi States that border with west African states were mainly fragmented independent communities (so-called stateless societies), who were subjected to no particular central authority. It is against this premise that Nasiru (2015) argues that ‘earlier than now, mobility through the West African borders poses no significant security threats to other African states. Such migration was largely for economic interest.
While Nasiru (2015) argues that only colonial demarcation cannot completely abolish the historic political, economic and cultural integration of the Nigeria’s border communities in the altar of mere boundaries but the exigencies of the moment call for security caution (Afolayan, 1988; Nasiru, 1999; Garba, 2016; Ochoga, 2023. Apart from the historical affection, the forces of marriage, religious and cultural similarities, trade, and political interest have further consolidated the historic integration among the communities. These epic phenomena encourage the influx of Nigeriens and other West Africans into Nigeria of which such inter- state movement falls within the purview of illegal or undocumented migration.
The majority of West African migrants in Nigeria do not follow normal procedures (Nigeria Immigration Service, 2016) and as such, the Nigeria Immigration Service does not have their data which is not good for the country’s internal security. This revelation called for concern as nationals of Niger, Mali, and other West Africa have been severally alleged by security agencies to be part of the Boko Haram sects and herders posing a security threat to Nigeria and Nigerians (Daily Trust, Nigeria, 12, June 2012; The Sun, Nigeria, 25, August 2017; Daily Trust, Nigeria, April 12, 2018).
CHAPTER THREE
RESEARCH METHODOLOGY
Research Design
This research adopts a descriptive survey research design to collect and organize the data systematically to describe the relationship between ECOWAS Protocol and banditry in Nigeria (Oche, 2010; Adamu, Mohammed & Dandago 2010; Eneanya 2013). The study adopted qualitative data from primary sources particularly questionnaires and key informant interviews as instruments. While the questionnaires were distributed to Nigeria-Niger border communities in Kebbi, Sokoto, Zamfara, and the Kastina States respectively, the interview was conducted with border security personnel such as the Nigeria Immigration Service, Nigeria Police, Nigeria Customs Service, and the Nigeria Army at the border regions. The respondents were purposively selected from the regions where Nigeria has international borders with Niger from an aggregate population of 16,540,724, see table1.1.
Economic integration theory is adopted by this article as a theoretical framework. The theory is associated with the groundworks of Viner (2014), Meade (1955), and Balassa (1961). The main assumptions of the theory is that the removal of tariff barriers among member states, having a common external trade policy that initiates common external trade restrictions against non‐members, initiating free movement of goods and services, as well as free movement of factors of production across national borders, harmonization of policies, unification of national monetary policies, and acceptance of a common currency promote development (Viner, 2014; Meade,1955; and Balassa,1961).
The degree of economic integration ranges from free trade area to customs union, common market, economic union, and complete regional integration (Ochoga, 2023). In other words, the theory of economic integration has five components. Thus, this paper adopts ‘the Common Market theory’. According to the Common Market theory, the economic integration process extends beyond the elimination of trade barriers to the free movement of factors among member states (Ochoga, 2023). With this definition of a Common Market Theory, the viewpoint of Carbaugh (2004) on a common market has further shown its theoretical relevance to the ECOWAS framework of regional economic integration. Thus, the theory will guide this paper to establish the nexus between the ECOWAS Protocol on Free Movement, trans-border arms trading, and banditry in Nigeria.
CHAPTER FOUR
DATA PRESENTATION AND ANALYSIS
The qualitative data sourced with the aid of questionnaires were cross-tabulated using simple percentages to determine the average significance of responses to the research question. The Chi-Square statistic was used to test the hypotheses. Chi-square is most commonly used to evaluate Tests of Independence when using a cross-tabulation. It assesses whether an association exists between the two variables by comparing the observed pattern of responses in the cells to the pattern that would be expected if the variables were truly independent of each other. The calculation of the Chi-Square statistic is stated as:
CHAPTER FIVE
CONCLUSION AND RECOMMENDATIONS
Based on the qualitative data derived from the questionnaires, the result has revealed that there is a nexus between the ECOWAS Protocol on Free Movement, trans-border, and banditry in Nigeria. Consequently, Citizens of the Community particularly those from the Niger Republic have taken advantage of the implementation of the Protocol to engage in trans-border criminalities such as arms trafficking and banditry that continue to undermine Nigeria’s national security. Also, the literature revealed that the formation of ECOWAS and enactment of protocol on the free movement of persons have helped to re-create borderless West Africa which existed before the advent of colonial rule. Although the flow of population has increased considerably within the past three and half decades the protocol has been in existence, there are problems and challenges to the realization of free movement of persons within the sub-region. These include strict border checks, unstable economies of many member states, delay in implementation of policies toward integration, and lack of focus due to multiple memberships in international organizations.
ECOWAS as an organization stands a better chance in harmonizing migration policies among member states by playing the lead role to fund and implement findings on migration studies. The most critical areas include institutional and policy reforms, tackling illegal cross- border trade, promoting the involvement of migration networks in decision-making at all levels, and taking bold steps to minimize child and human trafficking at large. This is a gap because globalization and the changing nature of migration which commenced many years ago have led to some convergence among states within the sub-region to cooperate to improve the movement of people.
Poor implementation of the Protocol by Nigerian border security agencies is responsible for the trans-border criminalities such as banditry. Thus, since security is strategic and fundamental to the safety of lives and property of any state, the porous nature of the Nigeria- Niger border is a weakness on the part of the Nigerian state. Therefore, the provisions of the ECOWAS Protocol on Free Movement of Persons, Residence, and Establishment does not stop Nigerian border security agencies to demand travel documents as contained in Article 2,3, and 5 of the Protocol. Equally, no provision in the Protocol prevents Nigerian border managers to register citizens of the community residing in Nigeria.
Finally, the Nigerian constitution stated clearly in chapter II that the primary responsibility of the Nigerian government is the protection of lives and property of citizens within its territorial jurisdiction, therefore, considering de-ratification from the implementation of the Protocol is imperative for Nigeria to effectively secure its frontiers.
The formation of ECOWAS and enactment of protocol on free movement of persons have helped to re-create borderless West Africa which existed before the advent of colonial rule. Although the flow of population has increased considerably within the past two and half decades the protocol has been in existence, there are problems and challenges to realisation of free movement of persons within the sub-region. These include strict border checks, unstable economies of many member states, delay in implementation of policies toward integration, and lack of focus due to multiple memberships in international organisations.
The convergence issues on the protocol include absence of mechanisms to control illegal immigrants; harmonisation of laws on migration; inadequate infrastructural facilities to facilitate free movement, etc. protection of nationals, ideological differences, political unrest and absence of mechanisms for redressing human rights abuses. Effective realisation of free movement of persons in West Africa requires research and reliable data on population and migration issues.
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