The ECOWAS Free Movement Protocol and Diversity of Experiences of Different Categories of Migrants: A Qualitative Study

Abstract

While studies have drawn attention to the operationalization, and implementation challenges associated with the ECOWAS free movement protocol, our understanding of how different categories of migrants experience the protocol is far more limited. Drawing on data from interviews conducted with 23 ECOWAS migrants living or travelling to Ghana, immigration officials and a trade union representative, this paper examines the diversity of experiences of ECOWAS migrants in relation to the free movement protocol. The findings suggest that the experiences of ECOWAS nationals in areas such as awareness and knowledge of provisions in the protocol, border crossing, processes of acquiring residence and work permits and renewing permits, and rights of establishment differ remarkably by dimensions of social difference. The gender, social class and nationality of migrants are fundamental and shape the experiences of ECOWAS migrants in divergent ways. These findings have important implication for policies seeking to promote free movement in West Africa.

Free Movement and Regional Integration in the ECOWAS Sub-Region

“…Again, Yeboah et al (2021) in their study argue that migrants' experience of this provision in the protocol is shaped by issues of level of awareness, social standing, nationality, and gender. The authors further note that migrants who travelled by air into Ghana had a relatively smoother passage of entry and were less susceptible to harassment and extortion from state officials compared to those that made the journey by land.…”

“…This objective feeds into the Free Movement Protocol which was birthed 4 years after the establishment of ECOWAS to bolster regional integration through the easy mobility of citizens of member states within the sub-region. The protocol reiterated the need for a borderless region, where Community citizens would be able to tap into and enjoy opportunities as well as resources available in other West African countries (Adeniran, 2012;Adepoju, 2001;Awumbila et al, 2018;Yeboah et al, 2021). This Protocol (A/P.1/5/79) that relates to Free Movement of Persons, Residence, and Establishment outlines the liberty of nationals of member states to enter, reside and establish within the boundaries of a member state, which was to be executed over 15 years in three different phases (Adeniran, 2012).…”

“…It also impressed on the host member state to streamline the rules that govern the issuance of the permits. It called on member states to specify that the same manner of treatment of citizens of a host country would be given to migrant workers who uphold the rules and regulations that govern their residence in areas such as job security, partaking in cultural and social events and re-employment in a situation of job loss (Bolarinwa, 2015;Yeboah et al, 2021).…”

“…These include but are not limited to: benefitting from human resources of other member countries; the ability of landlocked states within the community to access coastal zones; and enjoying natural resources by member states. It was also seen as an instrument capable of positively impacting economic, social, and cultural development activities in a harmonious manner within the sub-region (Adeniran, 2012;Awumbila et al, 2018;Bolarinwa, 2015;Yeboah et al, 2021).…”

“…Moreover, free movement has enabled some ECOWAS nationals to set up businesses with or without the requisite documentation. It has to be said that migrants who work in the formal sectors are able to acquire the requisite permits that grant them rights of stay and work in member states unlike their counterparts (low-skilled workers), mostly in the informal sector who genuinely are not aware of such provisions, but are also able to function and operate without any major difficulties (Yeboah et al, 2021). For instance, Ghana registered about 460,000 foreign citizens in 2019.…”