AFRICAN NEGOTIATING POSITIONS:DO THE MIGRATION REGIMES IN THE - - PowerPoint PPT Presentation

AFRICAN NEGOTIATING POSITIONS:DO THE MIGRATION REGIMES IN THE EAC,SADC AND COMESA REFLECT THE MEMBERS’ ECONOMIC NEEDS? By Azwimpheleli Langalanga and Charisma Ncube

OUTLINE AND RESEARCH PURPOSE

Presentation Outline

• Migration in COMESA (Case Study: Rwanda and Zambia)
• Migration in the EAC (Case Study: Tanzania)
• Migration in the SADC (Case Study: South Africa)
• Approaching the Tripartite Free Trade Area

Purpose of the Research

• To explore the different legal regimes in the respective RECs.
• Understand the extent of Implementation within RECs and MS.
• Investigate the trade-migration nexus in migration protocols.
• Assess how migration should be factored into the TFTA.

MIGRATION IN COMESA

Regional Instruments

• Protocol on the Free Movement of Persons,Labour,Services,Right of Establishment and

Residence 1998

• Protocol on the Gradual Relaxation of and Eventual Elimination of Visa Requirements of

1984

Success:

• One-Border Post Stop
• Informal trade movement relaxation
• Port of entry visas

CHALLENGES IN COMESA

• Security issues
• Non-Ratification
• Uneven compliance
• No link between migration and trade/economic imperatives ( GATS)

MIGRATION IN COMESA

Case Study: Rwanda

• Strong link between migration policy and development policy needs
• Migrants Represented DRC(43%), Tanzania(31%), Burundi (14%), Uganda(11%) and others

African countries (1%)

• According to 3rd Integrated Household Living Conditions Survey-International migrants in

Rwanda constitute 1/3 of the population

• Policies to enable Rwandan Diaspora to contribute towards economic development-

remittances

• Government simplified procedures to obtain documents in a reasonable time
• Work permit for EAC citizens has been waived
• Skilled experts attracted

MIGRATION IN THE EAC

Legal Regime

• Art

104

• f

the Common Market Protocol allows for free movement

• f

goods,services,capital and labour

• Annexure to the CMP on the free movement of persons and labour-sets out rights for

migrants Success:

• Ministries responsible for the EAC
• One Stop Border Post and Harmonised procedures for issuing entry and work permits
• Mutual Recognition of qualifications and EAC passport
• Right to establishment and residence are enjoyed by citizens
• Harmonisation of employment laws and policies
• Bilateral Agreements that complement unique conditions between States e.g Kenya and

Uganda allows cross border movement of persons using an identity document as well as Kenya

MIGRATION IN THE EAC

Implementation challenges:

• Slow implementation by some Members
• Lack of funds
• Poor infrastructure
• Language barrier eg French v English

Lessons from the EAC:

• Harness labour migration as a vehicle for regional development
• Collective Labour Migration Strategy key to poverty alleviation and employment creation

Case Study: Tanzania

• Limits migration-evidence of clash between national and regional laws and polices
• Phased out work permits req for EAC citizens
• Uses GATS commitments to limit access into the labour market
• Use professional bodies to restrict market access eg in law and medicine
• Foreigners cannot own land-conflicts with right to establishment

MIGRATION IN THE SADC

Current Status

• Protocol on the Facilitation of Movement of persons,

2005

• Protocol on Employment and Labour,2014-(Right to Residence and Establishment)
• Regional Labour Migration Policy Framework
• SADC Charter of Fundamental Social Rights

*Note: SADC has not been able to effectively liberalise migration as it is very protectionist

IMPLEMENTATION CHALLENGES

• Poor ratification
• Lack of finance and technical expertise
• Lack of political will and commitment
• No harmonisation of laws due to lack of a clear regional framework
• National laws and policies are used to limit migration-work permits requirements

MIGRATION IN THE SADC

Case Study: South Africa

• Immigration Act 13 of 2002 as amended in 2004
• More restrictive migration framework
• Thirteen types of permits
• No framework to deal with economic migrants-Licensing of Business Bill
• Xenophobia

GREEN PAPER HIGHLIGHTS

• SA has a sovereign right to manage international migration in light of its national

interests

• The need to orient the countries international migration policy towards Africa.
• Nation-building and social cohesion are identified as

some outcomes of the country’s international migration policy

• There is a need to for SA’s international migration policy to enable South Africans living

abroad to contribute to national development priorities.

• DHA argues that this paper must “balance the primary imperatives of economic

development, national security , international and constitutional obligations.

ISSUES ARISING FROM STUDY

• SADC there is no appetite to ratify protocols
• Economic asymmetries are problematic
• Move towards a needs based approach in SA
• EAC- lot of progress but still MS use domestic to limit save for Rwanda
• COMESA- less ratification

APPROACHING THE TFTA NEGOTIATIONS

• Covers 29 countries will be covered with an estimated GDP of US$1,2 Trillion translating

to 60% of Africa’s total GDP.

• TFTA negotiations currently underway and will lead to deeper economic integration
• Based on principles of market integration, infrastructure development and industrial

development

• Realisation of TFTA objectives of development and market integration need to allow for

easier movement of people

• Inevitably, the challenges faced by RECs will be transposed into the TFTA
• The adoption of a GATS
• riented economic approach would

be streamlined with individual member state’s economic needs in a way that enhances implementation and development.

THANK YOU