&no
1.
1989
vol.
Official Journ:l rlf llh* ECOWAS
Ig
PROTOCOL AND SUPPLEMENTARY PROTOCOL
AISPSl6189 SUPPLEMENTARY PROTOCOL AMENDING
AND COMPLEMENTING T H E PROVISIONS OF ARTICLE 7 OF THE PROTQCOL O N FAEE MOVEMENT,
RIGHT OF RESIDENCE AND ESTABLISHMENT
DESIROUS of sigciing a Supplcmcntary Protocol
, ~ r n e ~ > r l i tt~hg ~pravisions o f Article 7 of the Protocol on
Free Movrn~cnt of Pcrsdns, Right of Residence and Est ~ b i i s h ~ n tt.' n
THE CONTRACTING PARTIES,
HAVE AGREED AS FOLLOWS
MINDFUL o f Artrcle 5 of the ECOWAS Treaty
establishing the Authority o f Heads of S t a t e and Government arid defin~ngi t s compos~tionand funct~ons;
Article 1 ; Definitions
MINDFUL of Article 7 of t h e Protocol NP1/5!79
on the F r e e Movement of Persons, R ~ g h tof Residence and
Establishment;
hllNOFUL of Article 7 of the Supplementary Protocot A/SP1/7.!85 establishing a Code of Conduct for the
imb~emintation of the Protocol on Free Movement of
Persons, Right of Residence and Estabtishment;
MINDFUL o f ~ i ~ p l e r n e n t aProtocol
r~
A/SP1/7/86
on the implementation of the Second phase (Right of
Residenrz) of the Protocol onYree Movement of Persons,
Right of Residence and Enablishment;
CONSIDERING the need for harmonious develop.
ment in all areas of ECOWAS activity including Free Movement of Persons Goods, Services a n d Capital, which i s a
cornerstone of such development;
CONSIDERING the pressing need to foster active and
e f f e c t i v e cooperation through exchange of information and
adopt~onof a common strategy by the Immigration Departments of M e r n b r Stares:
AWAA E of the need to seek appropriate solutions to
problems which may arise in the implementation of the
Protocol on Free Movement of Persons, Right of Residence
and Esrabfishrnent and the need t o prevent Member States
f r ~ mtaking unilateral measures likely to obstruct the proper implementation of the provisions of this and the related Protocols;
BEING of the opinion that, pending the cunstituti~n
of the Communirv Tribunal referred to in Article I1 of t h e
Treaty, a mechanism should he set up to senle systornatic
or serious cases of violation of the Protocol on Free Movement of Persons, Right of Residence and Establishment.
Within t h i s Supplementary Protocol, "Treaty"
means the Treaty of the Economic Community of West
African States.
"Community" means t h e Economic Community of
West African States.
"Member State ot- States" means Member State or
States of the Econom~c Community of West African
States
"Authority" means the Authority of Heads o f State
and Government established by Article 5 of the Treaty.
"Chairmm of the Authority" means the current
Chairman of dle Authority of Heads of State and Government of the Emoomic Community of West African States.
"Executive Secretary and Executive Secretariat'
means the Executive Secretary and the Executive Secre
tariat of the Economic Community of Wesf African States
as stipulated in Article 8 of the Treaty.
Article 2
The provisions of Article 7 of Protocol A/P1/5/79
on Free Movement of Persons, the Right of Residence and
Establishment have been amended and complemented as
follows:
Offic~nIJuurnel of rho ECOWAS
.hnm !M9
Vol. 15
Amended Articltl 7
C h a i r m a n of the Authority of He.1~15 ~State
l f
and
Any dispute that may arise among Mcmtyr S t ~ t t ' s
regarding the interprcta tion and appli ta tion of this
Protocol shall be amiably scrtled tly (direct agree-
S ~ d t c s~Vltho view to finding appropi,stc solutions
Govt:rr>mr?nt,~ n d
to the Govcrnn~cl~t
~ l .l11
f Member
l.
to the c)roblt:rr(s itlcntificd.
ment.
In the e v e n t of failure
Article 3: Dcprxit a n d Entry into Force
t o setfle such a dispute ami-
cably, the Chairmm of the Authority of Hrdds
o f State and Government may upon r e c e i v i n g a complaint from a Member S t a t e of the Community of
s y s t e m a t i c or serious violations of the provisions of
the Protocols on Free Movement of Persons, the
R i g h t of Residenoe and Establishment on the part of
a n o t h e r Member State, request the Executive Secretary t o urgently despatch to the Member S t a t e s
concerned a fact finding mission compris~ngofficials
from a t least three Member States, acceptable t o the
parties concerned, a n d officials of the Executive
Secretariat, to investigate t h e complaint.
A report shall be compiled by t h e fact-finding mission and submitted by the Executive Secretary to the
1.
This Supplementary Protocol shall e r . t e c into f o r e
provisronally upon signature by the Heads of Stat:and Government o f Member States and definitively
upon ratification b y a t least seven slgnatnry S t ~ t e s ,
in accordance w i t h the constitutional procedure in
force in each signatory State.
The Supplementary Protocol and all th? Instruments
of ratification shall be deposited with :ne E x e c u t i v e
Secretariat: of t h e Economic Community of West
African States which shall transmit e r t i f i e d t r u e
copies of the Protocol to all Member Srates and notify them of t h e dates of deposit of fh? instruments
of r a t i f i c a t i o n and shall register this Supplementary
Protocol with the Organisation of Afr,can Unity, the
Gnited Nstions and any other such Crga~lsationsas
the Council of Ministers shall determ~ne
IN FAITH WHEREOF 'NE, THE HEADS OF STATE AND
GOVERNMENT OF THE ECONOMIC COMMUNITY OF
'NESS AFRICAN STATES HAVE S I G N E D THIS SUP.
PLEMENTARY PROTOCOL.
DONE A T OUAGADOUGOU T H I S 30TH DAY OF JUNE
1989 IN S I N G L E ORIGINAL IN THE ENGLISH AND
FRENCI-I LANGUAGES, BOTH TEXTS BEING EQUALL Y AUTHENTIC.
..
Cha1rmap"of the Central Committee
/
volu,u6nary Party of Eknin,
the Peopte's
V&irjent of the R c p t l t ~ l i c
'Head of State
Prcsirlent of the National Executive C o ~ ~ n cofi l the People's
Repuhiic of BENIN
President of the Popular Front
Head of State
Head of G o w r n r n r n t
BURKINA FASO
Vol. 15
Officint Journul 01 the ECOWAS
Juno 1 989
L
The Hon. ElijahALOR
Minister of Planning and Economic Affairs
For and on behalf of
H. E . Dr. Samuel Kanyon DOE
President of the Republic of Liberia
H. E. Colonel Maaouiya Ould
Sid Ahmed T A Y A
Chairman of the Military Committee for
National Salvation
Head of State of the Islamic Republic of
MAURITANIA
H. E. General lbrahim
Badamasi BABANG I D A
President. Commander-inChief of the Armed Forces of
the Federal Republic of N I G E R 1A
H . E . General Moussa T R A O R E
Secretary General of the Malian People's
Oemocrati c Union
President of the Republic of hIALI
H. E. General Ali SAlBOU
President of the Supreme Council for
National Orientation
Head of State of the Republic of N IGER
The Hon. Mr. Seydina Omar SY
Minister of Cornmere
F o r and on behalf of
H. E. Abdou DLOUF
President of the Republic of SENEGAL
4
..................
Thc Hon. Dr. Sheka H. K A N U
Minister of National
Development and Economic
Platrning
For and on behalf of
H. E . General Dr Saidu MOMT)H
President of the Republic of
S I E R R A LEONE
H. E . General Gnassingbe EYADEMA
President of TOGO LESE Republic