Exploring the African Union`s free movement of persons protocol on the effectiveness of the African Continental Free Trade Area (AfCFTA)

Free movement of persons will be critical to achieving the socio-economic and political integration and prosperity envisioned in the African Union`s Agenda 2063 – The Africa We Want. The disappearance of national boundaries with globalization being the chief catalyst, has accelerated cross-border trade in goods and services, enabling individuals and companies to maintain national economies and eradicate poverty.

Over the years, the formation of the World Trade Organization (WTO) and proliferation of Regional Trade Agreements including the North American Free Trade Agreement (NAFTA), Central American- Dominican Republic Free Trade Agreement (CAFTA-DR), the European Union (EU), Asia- Pacific Economic Cooperation (APEC), Africa Continental Free Trade Area (AfCFTA) have all contributed to the exponential growth in global trade and cross-border migration and mobility.

The coming into force of the AfCFTA which does not only aspires to deepen the integration of the African continent beyond a free trade area, but also to facilitate the creation of a liberalized market through the establishment of a Continental Customs Union and contribute to the movement of capital, goods and services. The Protocol, establishing the African Economic Community (AEC) on Free Movement of Persons (FMP), Right of Residence, and Right of Establishment, complements the AfCFTA Agreement, and is intended to improve factors of market integration of the African continent. 

Information gathered from the AfCFTA office indicated that as at 2023, about 54 countries have so far agreed and signed to trade together which is believed to go a long way to enhance socio-economic activities on the continent, and as well contribute to curbing youth unemployment.

The goal of the AfCFTA is to establish an integrated continental market. This is a bold move!  In view of this, researchers and policy makers are exploring factors that can have positive or negative impact on the realization of AfCFTA’s mandate. For instance, Ratshisusu, Ramokgopa and Maroge (2021) argued that, for the AfCFTA to achieve its main objectives there should be a framework to establish competitive policies in member states.

Also, Report by the B&FT in 2022 edition revealed that, government, through the Ministry of Trade and Industry and the National AfCFTA Coordination Office (NCO), unveiled the National AfCFTA Policy Framework and Action Plan to boost Ghana’s trading prospects with the 43 member-countries. The framework, which is geared towards the harmonisation of relevant policies, programmes, laws and regulations to boost the productive capacities of the private sector in Ghana, particularly the Small and Medium Enterprises (SMEs).

Launching the policy framework in Accra, Honourable Kojo Oppong Nkrumah, and Minister for Information said: a successful implementation of the Action Plan will boost the capacities of the Ghanaian private sector to take advantage of market access opportunities in Africa to promote ‘made in Ghana’ goods and services. The president added that, the National AfCFTA Policy Framework and Action Plan were derived from the work of the national structures put in place by the Trade Ministry to advance Ghana’s interest in the AfCFTA project.

In line with the vision of AfCFTA, national and regional policy frameworks and action plans have been designed to harmonize the existing laws, programmes, policies, and regulations to boost cross-border trade in Africa. However, the policy Frameworks and Action Plans focuses on the pursuit of market integration, particularly toward a single market on the African continent.

In spite of the significance of the AfCFTA policy framework for the achievement of integration and free trade in the African continent, little research is carried out to explore the impact of mobility of people especially labour, and cultures within the AfCFTA. Specifically, to explore the protocol for the Free Movement of Persons (FMP) on the effectiveness of the AfCFTA. The protocol for the FMP and the AU passport policy are very crucial for the effectiveness of the AfCFTA.

However, it is yet to be ratified by all the AU member countries. It is imperative to argue that, the elimination of physical and artificial borders to create a liberalized market in Africa cannot take place in isolation of human

mobility and cultures. The purpose of this policy brief is to contribute to the policy discourse of the protocol for the FMP on the effectiveness of the AfCFTA.

The protocol for the FMP is to allow Africans the right of entry, establishment, and residence in countries on the continent. The protocol aims to promote the free movement of people, including capital goods and services, to foster regional integration and facilitate trade. In addition, the protocol also aims to boost investment, increase remittances within the continent, and promote labour mobility and employment.

More so, it would also ensure the reduction of economic imbalances; peace, security, and stability on the continent; efficient civil registration systems; dependable movement control systems, and an interface between these systems. In support of this policy, the school of transnational governance of the European University Institute noted that regional integration remains a top priority for the African Union, hence the launch of the AU passport in 2016. This policy is also aimed at fostering free movement while promoting integration, peace and unity at the continental level.

A cross-cutting issue that the implementation of the FMP protocol faces is the need to mobilise the support of the African public. It is essential to raise public awareness through a strategic action plan that involves sensitising various stakeholders, promoting respect for migrants’ rights and raising awareness about potential issues related to migration, mobility and cultural understanding.

In light of this, experts in the field of migration, cross-border trade and intercultural relations, and media and communication entities could collaborate

with international organisations to promote best practices, improve migration reporting, and provide resources for in-depth journalism. There is the need to encourage national media partnerships and upholding the principle of non-interference.

To expedite the ratification of the Protocol for the FMP, member states are advised to collaborate with Regional Economic Communities (RECs) on security strategies and policies to improve border and migratory flow management. This could enhance successful cross- borders human mobility within the AfCFTA. Also, RECs and their member countries need to improve their civil registry systems and enhance not only the integrity of identity documents but border management and law enforcement. There are also important lessons to be learned from the EU's present border security system, particularly with regard to sophisticated

monitoring and intelligence-sharing tools.

For instance, Rwanda has demonstrated that this is feasible by bolstering its internal security, border management, and law enforcement prior to widening its borders to all Africans.

The ratification of the protocol for the FMP would enhance the effectiveness of the AfCFTA. It will help to mobilize resources and labour from each country to address production and trade issues. This would go a long way to encourage the youth to show interest and commitment in cross-border trade.

Inter-Africa trade cannot happen when businesses, ideas, and people cannot move around the continent. Migration and labour mobility present an opportunity for growth and economic development. In reference to this and issues discussed above, it is observed that, ratification of the protocol for the FMP births more opportunities than threats. In February 2017, the AU Peace and Security Council adopted a resolution acknowledging that the benefits of free movements far outweigh the challenges that may rise; moreover, solutions to those challenges do not lie in the slow march towards free movement of African citizens on the

continent, but in AU member states individually and collectively working to address the key challenges.

The security and job concerns that have been the main reasons for some AU

member states’ reluctance to adopt the protocol are challenges that need to be addressed.

These challenges however, require time, dedication, willingness, and the participation of all AU member states. Patterns observed in the literature review include the fact that, smaller economic groups may be able to move forward quickly in implementing the protocol for the FMP, especially when

their interests are aligned. The EAC serves as an illustration of this, because of how quickly they have advanced with only six member countries. The AU member states must learn from the successes and failures of the RECs to move forward with the protocol for the FMP.

With the full cooperation of member states, the AU and the RECs should take into account the recommendations made in this policy brief. Keeping in mind that, member states do not have equal resources, for this, it will be more important to plan for a deliberate process that would allow the least developed countries to progressively meet the necessary conditions.

Adopting the protocol for the FMP does not mean that borders will be immediately opened. It will instead allow countries to work together towards the reinforcement of migration policies and law enforcement. Therefore, it goes without saying that, collaboration and communication among member states and stakeholders are essential to promote a better understanding of the protocol for the FMP and its benefits for AfCFTA.