The Right of Establishment for Spouses of East African Community Citizens—a Paper Entitlement?

Abstract

The right of establishment (ROE) entitles nationals of the East African Community (EAC) to leave their home countries and establish, on a self-employed basis, commercial enterprises in other partner states (PSs). The 2009 Protocol on the Establishment of the East African Community Common Market (CMP) extended the ROE to self-employed individuals and their spouses (ROE spouses). Like the ROE holders, their spouses too are entitled to the same benefit. Despite the value of this entitlement to the lives and livelihoods of ROE spouses and their families, not much research has been done on the legal entitlements of these EAC citizens. This article aims to contribute to this field. It draws on theoretical and practical perspectives on the rights due to ROE spouses. The article reports on the results of a survey and comparative analyses of national immigration laws, which the authors conducted on the wider subject of the realisation of the ROE within the EAC. It contends that ROE spouses are discriminated against in the PSs. The domestic legal frameworks have created several barriers, rendering it difficult, if not impossible, for these community nationals to realise what they are entitled to. To address these challenges, the article proposes measures to ensure that PSs comply with their regional obligations. The article concludes that PSs must accord the ROE spouses the widest possible protection and provide assistance that is due to them under the EAC legal framework.