University of Ghana http://ugspace.ug.edu.gh
AN ASSESSMENT OF IMPLEMENTATION
OF THE ECOWAS PROTOCOL ON FREE
MOVEMENT OF PERSONS, GOODS AND
SERVICES AT THE GHANA-BURKINA
FASO BORDER
VICTOR AYAMGA
(10109189)
THIS DISSERTATION IS SUBMITTED TO THE UNIVERSITY
OF GHANA, LEGON, IN PARTIAL FULFILLMENT OF THE
REQUIREMENTS FOR THE AWARD OF THE MASTER OF
ARTS DEGREE IN INTERNATIONAL AFFAIRS
LEGON
DECEMBER 2014
University of Ghana http://ugspace.ug.edu.gh
DECLARATION
I, Ayamga Victor, hereby declare that this dissertation is the result of an original research
conducted by me under the supervision of Dr. Linda Darkwa, and that no part of it had been
submitted elsewhere for any other purposes.
........................................................
VICTOR AYAMGA
(STUDENT)
.....................................................
DR. LINDA DARKWA
(SUPERVISOR)
Date: ..............................................
Date: ............................................
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DEDICATION
This work is dedicated to my late mum, Elizabeth TeniKumasey, who taught me the virtues of
humility and respect. She did not live long to enjoy the fruits of her labour.
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ACKNOWLEDGEMENTS
I wish to extend my heartfelt gratitude to the entire members of the faculty of the Legon Centre
for International Affairs and Diplomacy, University of Ghana. I also wish to express my
gratitude to my siblings Isaac, Elvis, Desmond, Joana, Jonas and Phyllis for their care and
encouragement. To my friends Frederick Pwamang, Victor Ayiringo (strong), I say kudos for
your support. I also thank my colleagues of the LECIAD class of 2013/2014 for the fun and
excitement that we had in the class. Special thanks to my mentor and a great companion
SakinaTamimu Muslim and the special one Nigel Lennon ApegyineAyamga. I cherish you two a
lot.
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TABLE OF CONTENTS
DECLARATION
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DEDICATION
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ACKNOWLEDGEMENTS
TABLE OF CONTENTS
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ABSTRACT
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CHAPTER ONE:
RESEARCH DESIGN
1.0
Background to the Research Problem
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Problem Statement -
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Objectives and Scope of Study
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Research Rationale
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Research Questions -
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Theoretical Framework
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Literature Review
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Methodology and Sources of Data
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Organization of the Study
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Endnotes
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CHAPTER TWO:
AN OVERVIEW OF FREE MOVEMENTUNDER ECOWAS
2.0
Introduction
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The Evolution of Free Movement
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2.2
The ECOWAS Protocol on Free Movement of Persons, Goods and Services
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Benefits of the Free Movement of Persons, Goods and Services
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Challenges to the Free Movement Protocol -
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Conclusion
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Endnotes
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CHAPTER THREE:
THE IMPLEMENTETATION OF THE FREE MOVEMENT PROTOCOL AT THE
GHANA-BURKINA FASO BORDER
3.0
Introduction
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Awareness of the existence of the Protocol on Free Movement of Persons,
Goods and Services at the Ghana-Burkina Faso Border -
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Institutional Capacity
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Attitudes
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Differences in the Implementation of the Protocol
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Language and Communication
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Conclusion
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CHAPTER FOUR:
SUMMARY OF FINDINGS, CONCLUSION, AND RECOMMENDATIONS
4.0
Introduction
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Conclusion
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4.3
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Recommendations
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Institutional
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Educational
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Harmonization
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ABSTRACT
ECOWAS was formed in May 1975 by West African states to spearhead the development of the
sub-region. This culminated in the signing of the Lagos Treaty by member states. The primary
focus of ECOWAS was the development of the sub-region and this was to be fostered by intraregional trade. The Lagos Treaty was revised in 1993 in response to changing dynamics in the
global scene as well as the reinforcement of the integration agenda of ECOWAS. The Protocol
on free movement of persons, goods and services was geared towards the promotion of intraregional trade and greater interaction among community citizens. However, it appears that the
intended benefits of the Protocol have not been fully realized. The study thus, among others, to
determine the constraints that hinders the efficiency of the Protocol within the Ghana-Burkina
Faso Border in Paga and to identify the efforts or measures that have been employed to eliminate
the obstacles to the full implementation of the Protocol on the free movement of goods, persons
and services at the Ghana Burkina Faso border in Paga. Using a qualitative methodology, and
employing interviews and observations at the Ghana Burkina Faso border to ascertain how the
the Protocol is being implemented, the study revealed some challenges with the implementation
of the Protocol. The challenges at the border include human attitudes, institutional weaknesses,
logistical constraints, language barrier and lack of information on the Protocol. These challenges
have stifled the intended benefits of the Protocol. Nonetheless, measures such as public
education, effective monitoring ofunapproved routes, provision of logistics, recruitment of
bilingual officers into implementing agencies and a change in human attitudes will help to
minimize or overcome the challenges in the implementation of the Protocol at the GhanaBurkina Faso border.
.
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CHAPTER ONE
RESEARCH DESIGN
1.0
Introduction to the Problem
The ECOWAS was formed in 1975 as a response to the emerging trends in trade and the need to
harness resources for the overall development of the West Africa sub-region. Countries in the
sub-region faced economic challenges after the attainment of independence and were faced with
both infrastructural deficits and weak economies and there was the need to put in measures to
tackle the challenges confronting them. The New Economic order that emerged in 1970 sent
strong signals that countries needed to come together to comprehensively tackle their economic
problems. 1The New Economic order resulted from the fall in the prices of crude oil and debt
unsustainability among African countries.
This facilitated the creation of regional and sub-regional groupings such as the Economic
Community of West AfricanStates (ECOWAS), Southern Africa Development Community
(SADC) and the Common Market for Eastern and Southern Africa (COMESA). ECOWAS was
formed to promote economic growth and to ensure peace and security among West African
countries. The 1979 Lagos Treaty made intra regional trade and economic development the
vehicle for the development of the sub-region. The reasons behind the formation of ECOWAS
was that the challenges that confronted the sub-region could not be surmounted on an individual
basis and it was important for states in the sub-region to come together for the difficult tasks that
lay ahead.
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The history of economic integration as espoused by the founding fathers of ECOWAS was
motivated by the formation of the Southern Africa Custom Union (SACU) in 1910. 2 The
formation of ECOWAS was seen as the only strategy in which the sub-region could chart a path
of economic development. The free movement of persons, goods and services as stipulated in
Articles 2(2) and 27 provide the framework for movement across the sub-region.
The need to bring proper economic development growth by ECOWAS led to the promulgation of
the Protocol on Free Movement of Persons, Goods and Services. Article 2 (2) and Article 27 of
the Protocol on the Free Movement of Persons, Goods and Services states inter alia:
1) The elimination of custom duties and other charges of equivalent effect in respect of the
import and export of goods as stipulated in Article 2(2).
2) All citizens of the member states shall be regarded as community citizens and
accordingly member states undertake to abolish all obstacles to their freedom of
movement and residence within the community (Article 27).
1.1
Problem Statement
In the immediate post-independence era, economic growth similar to that which existed in the
Western industrialized countries was the desire of all the new African countries. Regional
integration and cooperation was one of the strategies considered expedient in reaching this goal
of economic development .On 28 May 1975, sixteen West African counties signed a treaty in
Lagos, Nigeria, establishing the ECOWAS. This treaty was intended to strengthen cooperation
among the countries in the West African sub-region. The strategy was to promote intra
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regionaltrade and free movement of goods, services, capital and people within the member states
as well the right of residence and establishment. Four years following the birth of the ECOWAS
in1979 a Protocol was introduced to consolidate the freedom of movement of people. The first
phase of the Protocol which came into effect in 1980 guaranteed free entry of citizens from
member states without visa for ninety days. The second phase of the Protocol, the right of
residence became effective in July 1986 and all member states acceded to it. However, the right
of establishment is yet to come into force.
With the coming into force of both the 1979 treaty and the revised treaty of 1993, the member
states abolished visa and other entry requirements for citizens travelling to a sister country. This
means that citizens of ECOWAS member states who possess valid travelling documents and a
valid international health certificate can spend a period not exceeding 90 days in any West
African state.
Article 4 is the only legal basis for restricting movement under the free movement Protocol.
Article 4 basically gives member states the right to deny entry to community citizens if in their
estimation, such citizens would create problems in their host states.
Clottey and Agyei have cited various reasons that hinder the free movement Protocol. Some of
these reasons include zenophobia, ignorance of the Protocol and extortion at the various borders.
These problems identified by Clottey and Agyei gives a hint that the intended objectives of the
Protocol have not been met or that the Protocol is facing some challenges. 3 Article 4 was
designed to protect the national economies of member countries through, among other things,
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migration control. Governments continue to deny entry to immigrants without concrete work
opportunities to ensure that economic stability, tranquility and territorial integrity of the state
were not threatened. Article 4 therefore remains a threshold which members reserved to
themselves under the Protocol.
Aderanti et al argue that state sovereignty over admissions in such unqualified terms, ECOWAS
invites national provisions more restrictive than and perhaps antipathetic to the nondiscrimination, regional social cohesion and promotion and protection of human and people’s
rights at the heart of the ECOWAS initiative. In some countries such as Togo, Niger, Benin and
Burkina Faso,state officials enjoy an absolute discretion to reject would-be migrants seemingly
without need of explanation or process. With national restrictions on entry open to interpretation,
the more ambigious or discretionary the provision and the more numerous the categories, the
greater that interpretations will lead to unjust refusals or atleast refusals inconsistent with the
spirit and objectives of the Protocol, particularly in the absence of clear interpretative guidance
from responsible ministries or courts.
In Togo, under Law on 87-12 which relates to the policy on migration, entry into the country can
be refused at the discretion of the authorities. In Niger, under Decree no 87-076, foreigners must
show a national passport or travel documents, valid international travel certificate, return
ticket(or proof of resources to cover departure). Notwithstanding the above, foreigners can still
be expelled or refused authorization to continue to stay in Niger. In Burkina Faso, under
Ordinance no 84- 049, foreigners must have recognized and valid travel documents and visas, upto date international health certificate and have completed appropriate application procedures.
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However, the minister of public health and rural development may impose special preventive
conditions on travellers of all nationalities and origins. In Ghana, under the Immigration Act 573
of 2002, foreigners must have a valid passport or other valid travel document. Individuals
prohibited entry include those: facing a deportation order; destitutes; refusing to have a medical
exam; sentenced with an extraditable crime in a foreign country; medically unfit; not conducive
to the public good and carrying out activities that contradict the laws of Ghana.
The ECOWAS Protocol on the free movement of persons, goods and services within the subregion was aimed at eliminating or reducing the bottlenecks associated with movement from one
place to another. However, the inadmissible laws under Article 4 have been interpreted
differently by some countries within the sub-region. There appear to be no clear guideline on the
application of the law by various countries. The law continues to pose serious challenges to the
Protocol on free movement of persons, goods and services. This is so because Article 4 is opened
to varied interpretation by member countries and this leaves the implementation of the Protocol
at the discretion of member countries.
1.2
Objectives and Scope of the Research
The Ghana-Burkina Faso border in Paga in the Upper East Region is the gateway for the
transport of goods, persons and services from the ports of Tema and Takoradi to the Sahelian
region especially Burkina Faso, Niger, Mali, Chad etc. The Paga border therefore serves as the
main point of entry and exit for goods, services and persons within the sahelian region. This
study aims to assess the efficiency and operation of the ECOWAS Protocol on free movement as
captured in Articles 2(2) and 27. The objectives of the Research are as follows
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
To ascertain whether the ECOWAS Protocol is being implemented within the GhanaBurkina Faso corridor in Paga.
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To determine the constraints that hinders the efficiency of the Protocol within the GhanaBurkina Faso Border in Paga.
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To identify the efforts or measures that have been employed to eliminate the obstacles to
the full implementation of the Protocol on the free movement of goods, persons and
services at the Ghana Burkina Faso border in Paga.
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To make recommendations as to how the Protocol can be effectively implemented at the
Ghana-Burkina Faso border.
1.3
Research Rationale
In recent times, there have been media reports on the frustrations that people go through in order
to enter other West African countries. The Daily Graphic of Wednesday 21st May 2014 reports of
how trucks loaded with goodsfrom Ghana to Ivory Coast have been left stranded at the Elubo
border due to the refusal of Ivorian authorities to allow them access. 4This occurred in spiteof the
existence of the ECOWAS Protocol on the free movement of persons, goods and services. The
Ghana-Burkina Faso border is the main route for the transport of goods, persons and services in
the Upper East. The border receives huge volumes of goods, persons and services on a regular
basis. It is therefore imperative that we do an assessment of how the Protocol on free movement
of goods, persons and services is implemented at the border.
The authorities in Ivory Coast did not offer any official reasons for their action except to say that
they were working hard to grant access to the trucks. The Ghana-Burkina Faso border in Paga is
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the only officially approved entry point for commuters who use the border as an entry and exit
point. The study will bring to the fore how the Protocol is been implemented at the border. The
rationale for the study has become imperative due to the fact that it is the only officially
approved border in the Upper East that links Ghana to Burkina Faso, Mali, Chad, and Niger.
Most commuters therefore use that corridor for trading and other activities.As the officially
approved border, it is imperative that this research is carried out in order to bring to the fore how
the Protocol is implemented and how commuters are aceessing it.
1.4
Research Questions
The following Research Questions will be posed:

What is the level of awareness and effectiveness of the ECOWAS Protocol on the
free movement of goods, persons and services a along the Ghana-Burkina Faso
border in paga.

What constraints hinder the implementation of the ECOWAS Protocol along the
Ghana-Burkina Faso border in Paga

What measures have been employed to eliminate or minimize the obstacles that
hinder the efficiency of the protocol on the free movement of goods, persons and
services along the Ghana-Burkina Faso border in Paga.
1.5
Theoretical Framework
The study is situated within the framework of integration. Integration gained prominence in
international relations literature with the end of the Second World War.According to
Caparasointegration is a process by which countries remove barriers to free trade and the free
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movement of people across national borders with the goal of reducing tensions that can tend to
international conflict.5
Karl Deutsch, one of the theorists of modern integration defines it to cover two main areas. He
defines it to mean a relationship among units in which they are mutually interdependent and
jointly produce system priorities which they would separately lack.6He sometimes uses the word
integration to describe the process by which such a relationship or state of affairs among
formerly separate units is attained. He also defines integration as the attainment, within a
territory, of a sense of community and of institutions and practices strong enough to assure
dependable expectations of a peaceful change among its population. His assertion that the sense
of community among states would depend on the establishment of a network of mutual
transactions is borne out by the experience of western European communities. However, this
experience proves that first the establishment of a formal institutional structure is vital and on it
is built the informal transactions and hence the community spirit necessary for an effective
multinational integration. He also makes the point that political integration is a means to stabilize
the nation-state system in order to prevent war
One of the foremost scholars of integration to emerge during and after the Second World War
was David Mitrany. He was interested in investigating how transnational ties could lead to
international integration thereby reducing extreme nationalism and hence increase the chances
for international peace. 7His argument was on the premise that modern society had a myriad of
technical problems that could only be solved by technical experts as opposed to politicians. He
argued further that the multiplicity of problems that exist required collaborative responses from
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states. Hence nonpolitical problems such as economic, social and scientific should be assigned to
nonpolitical experts from the affected countries for resolution. He postulated the term
ramification to imply that successful collaboration in one technical area would lead to further
collaboration in other areas. Mitrany basically wanted to curtail the authority of the state. His
functional and integration theory was galvanized by the successive creation of the European coal
and steel community (ECSC) in 1952 and the European Economic Community or common
market in the Rome treaty of 1956.Mitrany is his theory of functionalism believed that states will
have to pool their sovereignty together to achieve a common goal.
The idea was to do away with the evils of nationalism as individuals will transfer loyalties to a
higher or supranational authority. By so doing, economic and technical cooperation would“spillover’’ into the political world. Mitrany believed that this would result in a working peace system.
He posited that a good society could be built incrementally in bits and pieces. He further argues
that international organizations would focus on satisfying the welfare of its citizens. The
approach to world order is based on the assumption that states can create a peaceful world
through gradual and pragmatic cooperation with one another in technical and economic sectors
of the society.
The arguments put forth by Mitrany that technical tasks should be performed by experts, he was
in fact insinuating that within the sub-region, technical tasks such as the facilitation of
immigration should be performed by immigration and custom officers. These officers must
know, understand and be able to apply expert knowledge at their various duty posts where it is
most needed. This means that if the technical experts are ignorant of the legal frameworks which
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should be used in their work, it would be difficult to for them to be the vehicle for integration per
Mitrany’s arguments.
However, the functionalist theory of Mitrany has been criticized by some scholars David Long.
Critics have argued that the theory places too much emphasis on economic determinism as an
automatic engine which would drive economic integration in Europe. The theory underestimated
the importance of national sovereignty and the role of the political will of states in ensuring
whether or not economic integration would continue. The theory did not take into account the
fact that states are reluctant on surrendering their sovereignty to a supranational institution like
the European Union of the ECOWAS. Consequently, regional organizations are politicized, as
states seek to use them to promote their national interest when necessary.
One of the best known theorists of regional integration is Ernst Haas who defined integration as
theprocess “whereby political actors in several distinct national settings are persuaded to shift
their loyalties, expectations and political activities towards a new center, whose institutions
possess or demand jurisdiction over the pre-existing national states”. His approach to the study
of integration soon acquired the label neofunctionalism which was an acknowledgement of the
intellectual debt owed to Mitrany. Haas however departed from Mitrany in that he rejected the
notion that technical tasks could be separated from politics or welfare. He argued that for
integration to occur, political elites must perceive it to be in their own interest.8
Haas in his neofunctionalist theory further defined integration as the process where the
constructive fuctions of the main actors, the common institutions, would induce positive
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reactions of the economic and political elites, influence the behavior of other societal groups and
bring together the citizens of the different nations. The neofuctionalist logic was built on “spill
over” effect which meant that economic integration would gradually build solidarity among the
participating nations and this would in turn create the need for further supranational
institutionalization. In economic terms, the creation of a customs union would generate pressures
for the establishment of a common market and monetary union. The close economic integration
brought about would require supranational regulatory capacity. Thus political integration would
follow economic integration. The neofunctionalist theory also makes the point that the actions of
interest groups would not be motivated by idealist pursuit of common good, but would be self –
regarding and good driven. The supranational scheme of government at the regional level would
be the appropriate regional counterpart to the national state , which would no longer feel capable
of achieving welfare aims within its jurisdiction.
Haas in his theory was basically making the point that when states in a particular geographical
area come together, it becomes easier for them to confront and manage the problems confronting
them. This is because individual states will find it difficult to single handedly manage such
challenges. For instance, the whole of West Africa is fighting the Ebola Epiedmic as a group not
on an individual basis. The affected countries have been given support from member states as as
a result of integration. As a result of this, a problem with one state is a problem for all.
The recent activites of Boko Haram in Nigeria has become a sub-regional problem and this is
because confronting terrorism in the sub-region is critical to peace and security. The terrorist
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have the capacity to spread to other countries and create instability and that is why states are
cooprating to confront them head on. This reinforces the point made by Haas.
Despite the intuitive appeal of the neofunctionalist theory, some scholars have questioned the the
spill-over argument put forward by Haas. Critics have argued that the neofunctionalist argument
which suggests that integration as a process only moves in one direction, and that nation-states
would have neither the reason or power to reverse the process is flawed. Hoffman argues that the
neofunctionalist had attached too much significance to the role of supranational authorities and
had miscalculated the interests of European nation-states in the post-war order. His logic of
diversity suggests that neofunctionalists, with their logic of integration over-estimated the extent
to which supranational institutions will unintentionally integrate the powers and prerogatives of
national governments as a consequence of “spill-over.”
In particular, neofunctionalists assume that integration is a positive sum game, and that the gains
to national economies will always outweigh the loss of national legislative autonomy, even if the
overall losses are not anticipated when each decision to cede further power is taken. Roger D.
Hansen has also criticized neofuntionalism for its inability to take into account the changes in the
international environment on the perception of elites within the region over a period of time.
The neofunctionalists analysis of integration fails
to take
into account international non-
European factors that may influence regional integration.
The arguments put forth by Mitrany that technical tasks should be performed by experts, he was
in fact insinuating that within the sub-region, technical tasks such as the facilitation of
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immigration and should be performed by immigration and custom officers. These officers must
know, understand and be able to apply expert knowledge at their various duty posts where it is
most needed. This means that if the technical experts are ignorant of the legal frameworks which
should be used in their work, it would be difficult to for them to be the vehicle for integration per
Mitrany’s arguments.
The benefits of integration cannot be underestimated. This is because there is hardly any part of
the world in which regional and sub-regional groupings have not been formed. States have
realized that when they come together, it becomes easier to surmount some challenges that
hitherto would have been difficult if pursued single handedly. The commitment of West African
countries to fight Boko Haram and terrorism in general is as a result of integration. The upsurge
of terrorism is a phenomenon that cannot be dealt with by a single country and hence countries in
the sub-region are pooling resources and ideas together to deal with the canker. Through
integration, countries affected by the dreaded Ebola virus have received support from their
counterparts in the sub-region to aid them in their fight against the disease.
Integration enables states to share the cost of putting up certain infrastructure for the benefit of
all states within their jurisdiction. Some of these projects are very expensive and will be difficult
for a single entity to bear the cost of such projects. Cost sharing becomes the option available for
the funding of such projects. Through integration, Ghana, Togo, Benin and Nigeria have pool
resources together to establish the West African Gas Pipeline Project and this project will
support gas to the four countries at a reduced cost. The project will benefit the citizens of the
four respective countries. The establishment of the trans ECOWAS highways that links Ghana
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and Burkina Faso through the Upper East Region is as a result of cost sharing by the two
respective countries.
Integration allows for movements towards community governance and participation aimed at
ensuring that all citizens will be allowed to take responsibility for the continued evolution of the
integration process. National issues will become sub-regional issues and the benefits of
integration will become tangible at the national level. No longer will interests at the national
level be seen as competing with those at the regional level or vice versa. Such a move is
necessary to ensure that those issues considered important in the smallest member state will be
articulated within the wider regional framework and resounded globally. The recent outbreak of
the dreaded Ebola virus bears ample testimony to the this assertion.
1.6
Literature Review
The importance of the study of relevant literature on research work cannot be over emphasized.
A study of relevant literature eliminates the troubles of having to go through the same or similar
mistakes made by previous researchers. According to Chapin, it is short-sightedness and a waste
of time to plunge at once into a research without first taking a look at what has been done
already. 9 A lot of literature abounds in the area of West African integration.
Clara Fisher and Ruth Vollmer in their article“Migration and Displacement in Sub-Saharan
Africa: The Security-Migration Nexus”allude to the various protocols by ECOWAS aimed at the
removal of all barriers that hinder the flow of goods and services as well as the rights of
establishment and residence for migrants. The authors also make the point that ECOWAS has
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also adopted a common approach on migration in the sub-region.
10
The article
exploresthevarious protocols on free movement adopted by the ECOWAS aimed at streamlining
movement within the sub-region as was envisioned by the Founding fathers of ECOWAS aimed
at promoting intereaction among member states.Attention has been drawn on some pitfalls in the
article. The article is silent on the reasons hindering the free movement of persons, goods and
services. The Authors did not also provide the reader with what processes and documents are
required before one could access the protocols on free movement. One area that has not been
addressed are the reasons that tend to constrain the movement of community citizens. The
writers have also not enriched the discussion by their inability to provide the reader with the
problems that confront commuters at the entry points in an attempt to access the protocol on free
movement of persons, goods and services.
Adebusuyi Adeniran in his book Regional Integration in the ECOWAS Region: Challenges and
Opportunitiesgives a brief background of ECOWAS and what it was established to. He alludes
to the various protocols which are projected as an integral part of enhancing greater in
interactionin which all citizens in the sub-region could benefit.11 He argues that there have been
some obstacles impeding the protocol on free movement. Some of these obstacles are extortion,
harassment and lack of knowledge of the free movement Protocol. He concludes his book with
the notion that the various protocols have not been fully operationalized to aid the free
movement of persons, goods and services and this according to him is as a result of challenges
with its implementation.
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The author has not enriched the discussion due to his failure to raise some pertinent issues in
respect of the free movement Protocol. The article is silent on the various strategies employed
by ECOWAS to minimize or eradicate the obstacles to free movement such as measuresthat will
enhance free movement The author is also silent on the relevant documents needed to enable one
to enter another state within the sub-region. There is also no hint of the processes involved
before one can enter another country in the sub-region.
Aderanti Adepoju asserts in his article “Fostering Free Movement of Persons in West Africa:
Achievements, Constraints and Prospects for Intraregional Migration.” He further aaserts that
migration in West Africa has been a response to poverty, depressed economies and sociopolitical crisis. He enriches the discussion to the effect that sub-regional bodies are very crucial
for collective integration into the world economy. 12 The writer asserts that the coming into force
of the ECOWAS protocol on free movement has enhanced integration among community
citizens. The writerconcedes that the free movement protocol has been fraught with so many
challenges. Some of these challenges are ignorance of the Protocol by community citizens,
harassment at border posts and lack of infrastructure.
There are however some aspects of this article that needs some clarity such as some measures
adopted by ECOWAS to enhance the free movement Protocol .The author has not enriched the
discussion because he failed to mention some of the measures ECOWAS has put in place to
enhancethe free movement Protocols. The article has also not provided any examples on the
processes that people go through at the various points of entry. The article thus generalized the
issues of migration and the free movement protocol without providing any specifics.
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The author creates the impression that the free movement Protocol means
unrestricted
movement without the requisite documents within the sub-region. He creates this impression by
not mentioning the requirements of the Protocol and the requisite documentation needed to
enable people move into other countries in the sub-region.The occurrence ofcoups in some
countries within the sub-region means that countries will put in measures to safeguard their
territorial integrity. In the last two decades, there have been coups in Sierra Leone, Guinea, Mali
and Niger.
J. Martins in his seminal article “Moving Freely on the African Continent: The experience of
ECOWAS and SADC” has identified the unwillingness on the part of states to fully
operationalize the various protocols on movement as well as the lack of capacity as the main
problems affecting the free movement of persons, goods and services within the sub-region. He
enriches the discussion when he asserts that the free movement protocol has remained elusive
due to problems with implementation and accessibility. The article is not specific as to the
deficiencies of the protocol on free movement. This is because the author generalized on issues
relating to the constraints and inefficiencies to free movement. They article did not also give any
specific example of the problems people go through at the points of entry and exit. There is no
hint of the reasons that prevent states from operationalizing the free movement Protocol. The
requisite documents needed to enable one cross the various borders are not highlighted.
Aderanti et al in their article “Promoting Integration through Mobility: Free Movement under
ECOWAS”gives a general background of immigration within the sub-region. The article enriches
the discussion with the assertion that the founding fathers of ECOWAS sought to eliminate all
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barriers to trade and free movement. 13 The authors have heaped praise on the ECOWAS for
initiating several protocols that aided free movement within sub-region. The article abhors the
attitudes of some states that partake in initiating several protocols yet are unwilling to
operationalize them.There are some areas in the article that has not enriched the discussions. The
arguments that ECOWAS has initiated several protocols that are working effectively in the subregion are misleading. This is because most of the Protocols appear to be unknown and largely
ineffective.
The reasons responsible for the refusal of states to fully operationalize the free movement
Protocol have not been elucidated in the article. The articlehas not enriched the discussion
because it has not provided any information as to what documents are required to enable one to
enter another West African country under the free movement Protocol. The article has largely
generalized the problems associated with free movement such as extortion at border post, nonposessession of requisite documents and andthe lack of awareness of the Protocol. This needs
some clarity because people have different experiences in their quest to cross into other countries
under the Protocol on free movement.
1.7
Methodology and Sources of Data
The methodology for this research work was qualitative. Two main sources of data were used
namely primary and secondary data. Secondary data were sourced from articles, newspapers,
journals etc. Primary sources however were the main sources used to acquire data for this
research. Qualitative research methods have increasingly been embraced by social scientists in
recent times. Marshall and Rossman in their work “ Techniques of Modern Research” (2006; 2)
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have asserted that “ qualitative research is pragmatic, interpretative, and grounded in lived
experiences of the people”. Rossman and Rallis, have identified five characteristics displayed by
qualitative research, these include; taking place in the natural world with multiple methods that
respect the humanity of participants in the study etc. In addition , they are of the view that
qualitative researchers use complex reasoning that is multifaceted and iterative.
The choice to rely on qualitative methods for this research was informed by the need to do an
analysis of the implementation of the free movement Protocol of ECOWAS at the GhanaBurkina Faso in the Upper East Region. A qualitative research gave this study the opportunity to
understand the real impact of the implementation of the ECOWAS Protocol at the GhanaBurkina Faso border, by soliciting their personal narrative of events. Marshall and
Rossman(2006) are of the view that human actions and experiences are best studied qualitatively,
human thoughts , feelings, values and assumptive words are involved, and are best captured
through face-to-face interactions as interviews.
The selection of the Ghana-Burkina Faso border was straightforward because it is the biggest and
most vibrant border in the Upper East Region. Paga is also the capital of the Kasena-Nankana
West District of the Upper East Region. The Customs division of the Ghana Revenue Authority
gets a bulk of its revenue from this border. For instance, the Ghana Revenue Authority made
about 12million cedis as at the last quarter of 2014. This was revealed at its end of year gettogether held at Bolgatanga, on 16th December, 2015. This was made known by John Baptist
Dumbah, the sector commander, in his address to officers of the Customs Division of the Ghana
Revenue Authority.
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The sampling technique that was used for the research was purposive sampling.Purposive
sampling is used to ensure that that all prospective informants have a fair knowledge of the
subject matter of the research. For Bryman (2008) the aim of purposive sampling is to make sure
that all sample cases/participants are relevant to the research questions being posed. During the
research process on the field, it became evident that about majority of respondents in the study
area were not conversant with the issues relating to the Protocol on free movement in the area.
This seems to have been the case because activities along the border directly or indirectly
affected the people who used it. In spite of the above, this study purposively sought to sample
opinions from traders, travellers, public officials, students and tourist.
During the research process, the importance of having to get someone to assist me came to the
fore. This is because such people along the border had built some acquaintance with commuters.
It became apparent that people were not willing to speak to people perceived as strangers. This
was due to the nature of activities taking place at the border. Some of the respondents were still
very hostile and were not willing to speak to me or my assistant. As Eshun(2008) found in her
research on community participation in the management of forest resource in the case of the
Kakum National Park in Ghana, some respondents are sometimes unwilling to respond to
questions from a total stranger. The presence of someone known to them can go a long way to
change this attitude.
Interviews were used to solicit data from different stakeholders at the border. The interview
guide covering fairly specific questions was administered to respondents. The responses then
provided directions for further questions.Though the interview guide was used, it was varied
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considerably depending on the category of respondent. One major problem that was encountered
with most respondents was linguistic. Most commuters either spoke only French, Kasem or
English.
Respondents to this research came from both Ghana and Burkina Faso. They included indigenes
and non-indigenes, men and women, students, traders, tourist, officers etc. A sample size of 30
was initially seen as ideal.This figure was however revised to 20 after it became apparent a
reconnaissance survey was done. The sample size of 20 included 11 men and 9 women. The 11
men included an American, Allen Holmes who had ample knowledge of the Protocol on free
movement. Allen revealed that his frequent travels within the sub-region compelled him to equip
himself with the stipilations of the free movement Protocol. He posits that, he did not want to
encounter problems in his travels within the West Africa sub-region
The revision in the sample size was also as a result of the busy nature of the border and peoples
unwillingness to speak to perceived strangers. In the end however, all the respondents were
interviewed.
There were limitations encountered during the study. In the first place people were unwilling to
participate in the study. Respondents who were approached were suspicious of the real intentions
of the exercise. The researcher had to explain to respondents that the study was for academic
purposes only. This helped calmed the nerves of some of the respondents.
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1.8
Organization of Chapters
The work has been organized into four main chapters. The first chapter deals with the research
design, the second chapter deals with an overview of the ECOWAS Protocol on Free Movement,
the third deals with the implementation of the Protocol on Movement of Persons, Goods and
Services and the final chapter is the summary of findings, conclusions and recommendations.
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Endnotes
Olatunde, J. B. O., (2009). “Nigeria and the formation of ECOWAS”International Organization.vol.34.pp. 571604.
2
Asante, S. K. B., Regionalism and Africa’s Development: Expectations, Reality and Challenges. (New York: St.
Martin’s Press, 1997) .
3
Agyei, J., and Clottey, E.. (2007, September). “Operationalizing ECOWAS Protocol on Free Movement of People
among the Member States: Issues of Convergence, Divergence and Prospects for Sub-Regional
Integration.”InAfrican Migrations Workshop ‘Understanding Migration Dynamics in the Continent’organised by the
International Migration Institute in Accra (pp. 18-21).
4
Daily Graphic No. 19464, p3. Wednesday 21 May 2014. Trucks stranded at the Elubo border
Caporaso, J. (1998). Regional integration theory: understanding our past and anticipating our future. Journal of
European Public Policy, 5(1), 1-16.
6
Deutsch, K..,The Analysis of Interantional Relations (New Jersey: Prentice Hall,1988) p.212
7
Ibid.
8
Harrison, R. “The Origins of Integration Theory: Old Wine in New Bottle”In Taylor, Trevor Approaches and
Theory in International Relations, (New York: Longman , 1979), p.137
9
Chapin, Fieldwork and Social Research, Quoted from Kumekpor, Methods and Techniques of Social Investment
(Legon: Department of Sociology,1998).
10
Clara, F and Vollmer, R., (2010)”Migration and Displacement in Sub-Saharan Africa”. The Migration Nexus,
brief(3
11
Adeniran, A. I., (2012). “Regional Integration in the ECOWAS Region: Challenges and Opportunities”, African
Portal Backgrounder, No. 9.
12
Adepoju, A. (2002).
13
Adepoju, A., Boulton, A., & Levin, M. (2010). “Promoting integration through mobility: Free movement under
ECOWAS” Refugee Survey Quarterly, 29(3), 120-144.
1
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CHAPTER TWO
AN OVERVIEW OF FREE MOVEMENT UNDER ECOWAS
2.0
Introduction
ECOWAS was formed in May 1975 by West African countries as a response to the numerous
challenges that confronted the sub-region. The challenges that confronted the sub-region were
infrastructural deficits, weak economies, low literacy rate and insecurity. The need to confront
the myriad of problems confronting the sub-region culminated in the formation of ECOWAS.
The 1975 Lagos Treaty was revised in 1993 as a result of a shift from an ’’overly bureaucratic
inter-governmental agency of the past’’ to a “people centered organization’’. The revised Treaty
also recognized that integration on the continent had been unable to deliver on its economic
promises.The chapter will also delve into how the Protocol has performed in the sub-region. The
opinions of various writers on integration will be discussed so as to ascertain the performance of
the Protocol. In this regard therefore, the chapter will seek to bring to the fore the benefits and
challenges to the Free Movement Protocol of ECOWAS.
2.1
The Evolution of Free Movement
The right of freedom of movement has deep historical antecedents. The UN charter under
Article 13 of the Universal Declaration of Human Right aptly captures the inherent right of
movement. The right to move freely is also enshrined under Article 12 of the International
convention on civil and political rights.
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The right of movement as stipulated in both the Universal Declaration of Human Rights and the
International Convention on Civil and Political Rights states inter alia: 1
a) Everyone lawfully within the territory of a state shall, within the territory, have the right
to liberty of movement and freedom to choose his residence.
b) Everyone shall be free to leave any country including his own.
c) The above-mentioned rights shall not be subject to any restrictions except those which
are provided by law, are necessary to protect national security, public order, public health
or morality or the right and freedoms of others and are consistent with the other rights
recognized in the present charter.
d) No one shall be arbitrarily deprived of the right to enter his own country of origin.
With the aforementioned articles, it is very evident that the right of movement is one that cannot
be compromised or toyed with.
This provision reinforces the importance attached to the free movement of persons, goods and
services across national boundaries. The West African sub-region faced a myriad of problems
including poor infrastructure and weak economies. The region was faced with a lot of problems
ranging from infrastructural deficits to balkanization. According to Asante, the West African
sub-region has the largest number of mini states which could not exist on their own due to the
fact that they had weak economies which could not exist as individual entities. 2 Infrastructure
such as roads, rail lines, schools and hospitals were nothing to write home about. Most of the
Least Developed Countries (LDCs) happen to come from the sub-region. In the midst of this
gloomy scenario that faced the sub-region, it became imperative that the only way to overcome
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issues of small size, weak economies, poor infrastructure, balkanization and so integration was
seen as the best way out and hence the formation of the Economic Community of West African
State (ECOWAS), in May 1975.
According to Renninger, developing countries especially those in West Africa have a common
goal of economic integration hence the formation of ECOWAS as a vehicle to prosecute that
agenda.3 The formation of ECOWAS therefore was a response to the realities that faced the subregion in the post- colonial era.
The movement of people across national borders has become a common thing in the world today.
This has been due to the growing level of economic, political and socio-cultural interdependence,
as well as globalization between states, non-state actors etc. Global estimates indicate about 30%
of the world’s population are migrants 4 . This can also be attributed to accelerated modes of
transport.
The West African sub-region is not left out in this growing phenomenon. Out of the 191 million
migrants scattered across the globe, about 7 million people are from the sub-region. Migration
within West Africa during the advent of colonialism was seen as a response to human needs such
as fertile land, food, shelter, security and favorable climatic conditions. Movement during this
era was therefore done without any hindrance except the fear of being attacked by wild animals
and lack of transportation.5 There were however some exceptions because countries like Ivory
Coast encouraged migrants into their country.
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The era of colonialism left in its wake artificial boundaries as Europeans scrambled for the
people and resources of Africa. Some of these borders were created without any regard for social
and cultural difference of the indigenous people .The latter part of the 1960’s saw the enactment
of rules and regulations to control migration into other countries in order to protect the job
security of nationals. 6 This was based on the fact that migration during this era created job
insecurities within the sub-region.
The deportation of non-nationals were reported as a result of economic difficulties. For instance,
Ghana passed the aliens compliance order in 1969 that prohibited foreigners from residing and
working in Ghana with the exception of special cases under the authority of the minister
responsible. Deportations of non-nationals also saw a rapid rise due to economic difficulties.
According to Adepoju, out of the 15 members of ECOWAS, 9 have at one point or other
deported non-nationals. Deportation of non-nationals during this era was rampant. It was in the
midst of all these difficulties that the formation of ECOWAS became imperative and indeed
founded in 1975 by countries in the sub-region.
The formation was aimed at economic
integration and the promotion of constant interaction among people who were hitherto living
together and now separated by artificial
boundaries resulting from colonialism.
7
The
institutionalization of the ECOWAS Protocols was therefore a response to the various problems
that confronted the sub-region.
2.2
The ECOWAS Protocol on Free Movement of Persons, Goods and Services
Free movement of persons, goods and services is one of the fundamental areas ECOWAS has
paid greater attention to as part of its integration agenda. The ECOWAS Protocol provides for
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free movement of its citizens and the right to live, settle and do business in any part of the subregion. This is predicated on the basis that migration aids development. This chapter will
highlight the performance of ECOWAS especially in the area of free movement.
The ECOWAS treaty of 1975 stipulates in Article 2(2) and Article 27 the free movement of
persons, right of residence and establishment. Sub paragraph d of Article 2(2) of the ECOWAS
treaty calls on member states to ensure the abolition of the obstacles to free movement of
persons, services and capital.
Paragraph 1 of Article 27 confers the status of community
citizenship on the citizens of member states and also enjoins member states to abolish all
obstacles to freedom of movement and residence within the community. 8
Paragraph 2 of Article 27 further calls on community member states to exempt community
citizens from holding visitor’s visa and residence permits and allow them to work and undertake
commercial and industrial activities within their territories. The protocol dealing with the free
movement of persons has three phases. The first phase deals with the abolition of visas and entry
permits for community members who wish to move to other states within the sub-region. This is
known as “the right of entry.” This right is aptly captured under article 56 of the Revised
ECOWAS Treaty and stipulates inter alia: (1) any citizen of the sub-region who desires to enter
the territory of another member state will be required to possess a valid travel document as well
as an international health certificate. (2) Citizens of the sub-region visiting any member state for
a period not exceeding ninety (90) days shall enter the territory of that member through the
officially designated point of entry without visa requirements. The second phase which is also
called the” right of residence” stipulates the abolition of any form of discrimination based on
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nationality, among member states in respect of employment, remuneration and other conditions
of work. This means that citizens within the sub-region could apply for jobs in any member
country. The right also enables one to be employed in accordance with the domestic laws of the
host state.
The final phase has to do with the right of establishment. This allows citizens of the community
to set up businesses in other member states. It also encompasses the eventual removal of all
restrictions on the setting up of commercial and industrial entities. The movement of goods and
services as stipulated among the objectives of ECOWAS include inter alia: (a) to eliminate
between the member states customs duties and related charges of equivalence in the areas of
import and expert. (2) To abolish quantitative and administrative restrictions on trade among
community members.
This eventually paved way for the ECOWAS Trade Liberalization
Scheme (ETLS).
2.3
Benefits of the Free Movement Protocol
The existence of the ECOWAS Protocol on Free Movement of persons, goods and services has
brought in its wake numerous benefits accruing to community citizens. This is because the
region has suffered from balkanization resulting from the division of the sub-region into mini
states that were not economically viable and the creation of many artificial barriers without
ethnic, social and political homogeneity. Aderanti posits that the free movement of persons
without visas, adoption of ECOWAS travellerscheque and passports, and the creation of a
borderless ECOWAS are all benefits that have been derived from the ECOWAS since its
inception in 1975. 9 This means that greater interaction is been promoted among community
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citizens in the sub-region. Goods produced in member countries will now have a large market to
sell their goods and this will mean that more income will accrue to business people. Consumers
of goods will have a variety of goods to select from as a result of multiple choices available to
them. This is due to the large market created in the sub-region as a result of integration. Goods
originating from member countries will attract the relevant taxes from the receiving states and
this will serve as additional income for the receiving state to prosecute its agenda of
infrastructural development.
Aderanti (2009) asserts that progress has been made in the area of monetary policy,
communication, trade and related matters. Regional infrastructure has been rehabilitated with the
proposed establishment of rail links from Lagos to Cotonou, Lome to Accra and a sahelian route
linking Lagos to Niamey and Ouagadougou.10The protocol on the free movement of persons,
goods and services has enabled business originating from one country to have subsidiaries in
other countries within the sub-region. This will quicken the transport of goods from one country
to another. The time spent on transporting goods from one country to another will be greatly
reduced and for goods like vegetables which are perishable, the improvement in transportation
will ensure that they get to their destination on time.
The trans-ECOWAS Highways that link Tema to Ouagadougou is as a result of the efforts of
ECOWAS. This route has enabled goods, persons and services to cross the sub-region thereby
reducing the time spent in travelling. The protocol has also enabled community members to gain
access to employment in member states without any hindrance. In Ghana for instance, citizens
of other states are working in various sectors of the economy without harassment and
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intimidation resulting from the implementation of the free movement protocol. Opportunities for
employment in member states are now based on competence and qualification but not on
nationality. Hitherto there were laws that discriminated against non-nationals. Some these laws
were aimed at protecting the domestic economies of member countries. The flow of population
from the sub-region constitutes a relatively large proportion of all immigrants in most of the
Member States. Statistics from the Ghana Immigration Service shows that at least one-third of all
arrivals in Ghana between 1999 and 2002 were from ECOWAS Member States.11
The sub-regional body has adopted measures to ensure harmonization of national laws pertaining
to migration and this has made protocol became effective. This has adversely affected the
smooth implementation of the protocol on free movement of persons. In enacting the protocol,
much consideration was not given to differences in social, political and economic background of
the member states. This has sometimes led to the revocation of the protocol and expulsion of
non-nationals in difficult economic situations by some member States. For instance, Nigeria,
Cote d’Ivoire, Senegal and Ghana (lately) have been at the receiving ends of these population
movements. Emphasis has been placed on acceleration of economic growth and poverty
reduction in the various countries in order to avoid citizens of some countries becoming
economic burden on a few Member States. 12
The Free Movement Protocol has helped to reduce the difficulties that people had to go through
in the past. This is based on the fact that people do not need a visa to enable them enter another
West African state. The Protocol abolished all visa requirements that was hitherto required to
enable one enter any West African country. This has been due to the coming into being of the
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ECOWAS Protocol on Free Movement of Persons, Goods and Services. In times past, it was not
possible to enter another West African country without a visa.
The free movement Protocol has enabled businesses to expand into other domains within the
sub-region. This has been due to the large market within the ECOWAS sub-region. The
ECOWAS region has a population of about 400 million people which makes trading very
important. The large size of the ECOWAS market means that a lot of commodities will be
available for the people to patronize. This will lead to the situation in which people will easily
have options available. The client base of such businesses will see an increment and this will
bring about an increase in profits.
The size of the region therefore provides business opportunities for people to take advantage of.
It is therefore very common for products manufactured in one country to be exported to other
countries within the sub-region for sale. Some products and fruits from Burkina Faso are always
seen in Ghanaian markets. It is not uncommon for one to sight Nigerian products on sale in our
markets. Products such as onions, potatoes, tomatoes and mangoes from Burkina Faso, Mali and
Niger are sold along the Ghana-Burkina Faso border in the Upper East Region. Market women in
Ghana prefer to buy some products from neighboring countries for sale due to their quality and
cost
However the free movement Protocol faces some challenges in spite of its benefits. This
therefore leads us to the next sub heading that looks at some challenges confronting the Protocol.
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2.4
Challenges to the Free Movement Protocol
There are some challenges in the implementation of the free movement protocol to fully achieve
the political, social and economic impact that they were meant to have.
Some of these
challenges relate to the fact that the protocol remain unknown to many ECOWAS Citizens. This
lack of awareness makes citizens susceptible to harassment and extortion at border posts in their
attempt to cross into other states within the sub-region. 13 The high level of illiteracy in the
ECOWAS region accounts for the inability of citizens of member states to full acquaint
themselves with the requirements of the Protocol. The inability of member states to properly
disseminate information on the Protocol to their citizens could also be responsible for this this
situation.
National interest has often taken precedence over regional interest among member states. The
much needed political zeal required to drive the regional agenda at the national level of policy
advancement has been lacking. An observation at the Ghana- Burkina Faso border revealed some
disparities in the implementation of the Protocol. The disparities at the Ghana-Burkina Faso
border showed that despite the possession of the requisite documents, money will have to be paid
before accessing the Burkinabe side of the border. This appeared to be a marked departure from
the requirements of the Protocol.
National policies have been enacted in various countries in the sub-region but it appears as
though these laws have not yielded the desired results. This is because reports are still rife in the
media as to the challenges people go through with respect to movement within the sub-region.
Incompatibilities in immigration and custom policies, monitory zones, and official languages
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among member states, have impeded productive migration and integration within the sub-region.
These set-backs have compelled ECOWAS to transform its conceptual notion of “ECOWAS of
states” to “ECOWAS of people” in which the people will be the focus of regional integration
rather than the states. 14 The shift of focus is to place more emphasis on community citizens
which is linked to the supra-national status of the commission.
This new conceptual notion is an admission of the fact that the Protocol on the free movement of
people, goods and services which is encapsulated in the integration agenda of ECOWAS has not
yielded the desired results.
The coming into been of the ECOWAS and the shift of focus is to place emphasis on the
Protocol on free movement of persons, goods and services have played a motor role in recreating an ECOWAS in which people and the integration agenda would be the focus. The
movement of people has seen a considerable rise within the last three decades with the existence
of the Protocol. The realization of the protocol has been fraught with problems and setbacks
within the sub-region. They include strict border checks, unstable economies, harassment at
border posts and lukewarm attitude towards integration and divided attention due to membership
of international organizations and sub-regional groupings. The sub-regional body has also failed
to ensure harmonization of national laws pertaining to migration before the protocol became
effective. This has adversely affected the smooth implementation of the protocol on free
movement as well as the frustrations that people go through at various points of entry and the
incessant harassment at of non-nationals in difficult economic times by some Member States.15 It
is also important to note that the member-states are at different levels of economic development
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and this has impeded realization of free movement of persons within the sub-region. This could
be attributed to the lack of information on the Protocol by member states.This is so because the
national laws of less developed states will not be at par with those of other less developed states.
As such their understanding of the laws and its implementation will vary from other endowed
states.
In view of this, the direction of movement is toward certain nodes of economic development and
thereby putting undue stress on those economies. For instance, Nigeria, Cote d’Ivoire, Senegal
and Ghana (lately) have been at the receiving ends of these population movements. Emphasis
should have been placed on acceleration of economic growth and poverty reduction in the
various countries in order to avoid citizens of some countries becoming economic burden on a
few Member States.16
Free movement of people within the sub-region without restrictions raises issues of tension in
states where migrants dominate trade and labor of sections of economies. This creates anti
migration sentiments that degenerate into populist political movements. Such tensions run as
undercurrents for destabilizing weak regimes. Within the ECOWAS sub-region, the existence of
political and social unrest in some member states distracted the attention of the governments
from fulfilling their obligations toward the sub-regional body. The crisis in Liberia, Guinea and
Mali made it difficult for governments in those countries to respond to both national and subregional issues simultaneously. The focus of these states was to restore peace and stability before
turning to issues of integration.
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In some cases, political unrest serves as a launching pad for the molestation and expulsion of
non-nationals. It has been stated that the political crises in the Cote d’Ivoire sparked hatred for
non-nationals especially Burkinabes. Thus, though technically, there is freedom of movement
within the sub-region, there are restrictive attitudes resulting in expulsion, widespread
harassment and denial of the human rights of migrants. 17
Institutional arrangement at the national and sub-regional levels promotes divergence in policy
implementation. Within most member states, migration policies are handled by different
ministries, departments and agencies. Poor coordination, competition and implementation lapses
result in several challenges that hinder free movement of people in the region. In Ghana, for
instance, the ministries of interior, local government, trade and foreign affairs have different
roles to perform on the state’s migration policy. Poor coordination among these ministries and
their numerous departments and agencies may easily result in contraventions of the ECOWAS
protocol.18
Also, regardless of the introduction of the ECOWAS’ passport among its members’ citizens for
the purpose of free movement within the region, travelers, especially entrepreneurs are finding it
very challenging with free movement from one country to another in search of goods and for
migration purposes due to harassment at the border posts.
Providing her ordeal recently in Monrovia at a news conference while transporting goods from
Guinea to Liberia, businesswoman LorpuKollie, who sells African attires, produced in Guinea,
said traveling for them as marketers within ECOWAS countries by roads is problematic. They
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also face exploitation in the handsof security officers of those countries. Despite being an
ECOWAS passport bearer after every 30 minutes of drive, with the requisite documents covering
the goods such as tax clearance certificates and there the requisite custom duty, there is a check
point where security officers (immigration and police officers) would demand money from the
driver and passengers. Refusal to adhere to their request leads to the impoundment of the vehicle
until their demands are met.19National interest takes precedence over regional interests among
member states. The ECOWAS Protocol on Free Movement appears to be the most flagrantly
abused Protocol which was targeted at regional integration by member states.
Security experts at the Centre for Advance Strategic Analysis (CAS) at a seminar in Accra on
16th May, 2013 argued that the ratification of the ECOWAS Free Movement Protocols is good
but emerging trends indicate that it pose serious threat to Ghana’s security. The threats they
claim have become very pronounced in the wake of Ghana’s oil exploration activities as well as
instability in most West African countries. A major challenge identified has been the country’s
inability and the lack of infrastructure to allow Ghana to run checks on the identities of the
hundreds of migrants into the country from neighboring countries. The Centre identified arms
trafficking, drugs trade and cybercrime as real issues casting a shadow over the seemingly calm
Ghanaian setting. This could be attributed to the negligence on the part of the various
governments to disseminate information on the Protocol to its citizens.
Incompatibilities in immigration and custom policies, monetary zones and incompatibility in the
implementation of various Protocols among member states have impeded productive migration
and integration within the sub-region. These setbacks have compelled ECOWAS to transform its
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conceptual notion of “ECOWAS of states” to “ECOWAS of people” in which the people will be
the focus of regional integration. This is based on the fact that ECOWAS acknowledges that
integration in West Africa has been unable to deliver its economic promises.
Migrating citizens within ECOWAS member states continue to experience routine intimidation
and harassment by officials (security officers) along the common borders. For instance, routine
threats of arbitrary arrest and denial of passage if bribes are not paid are still common, even
though the ECOWAS policy on a common passport for the entire sub-region has been in place
since 2005).Between Badagry (the exit point from Nigeria to Benin) and Noe (the entry point
from Ghana to Cote d’Ivoire), there are an estimated 120 border posts and security check points,
forcing individuals crossing these borders to switch intermittently from one official language to
the other and exchange currencies several times across borders.
However, since the signing of the document on May 29, 1979, some progress has been made in
realizing one of ECOWAS’s most important initiatives. However, a lot still needs to be done in
this direction. As present leaders hide under the cloak of “maintaining peace and security” in
their respective countries, it has become apparent that it has been ever difficult for ECOWAS
citizens to enjoy their rights of “free movement of persons, goods and services”. This is
characterized by the numerous but unnecessary security checks established within countries and
at the boarders of the various ECOWAS States. Some reasons given by some countries for the
various check points are for the maintenance of their internal security.
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One of the provisions of the Protocol on right of entry is that ECOWAS nationals should enter
member countries through the officially approved routes. Unfortunately, however some
community citizens enter member countries through unapproved routes and the result is that
there is no information on such people. This problem is common with people who reside close to
the border as well as some members of the business community. The use of unapproved routes
into the country means that such people could enter into other countries unnoticed. This would
make it very difficult to track such people because there would be no data or information on such
people. Such people could create security problems for the host state. Effective realization of free
movement of persons requires research and reliable data on population and migration issues.
2.5
Conclusion
Free Movement of Persons and Goods is one of the fundamental areas that ECOWAS has paid
greater attention to as part of its regional integration agenda. The ECOWAS Protocol provides
for free movement of its citizens and the right to live, settle and to do business in any part of its
territory. This is predicated on the basis that migration aids development.
In spite of the noble ideas behind the promulgation of the protocol, this chapter has highlighted
the numerous challenges confronting the Protocol. As part of measures aimed at reviewing the
ECOWAS Protocol on Free Movement of Persons, Goods and Services, the ECOWAS
Commission undertook a mission to Gambia from 22nd -25th May 2013, to begin a campaign
aimed at raising the level of awareness among ECOWAS member states and also to exchange
information with government authorities as well as other stakeholders.
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In another development, Ambassador OlugbengaAshiri who is the chairman of the ECOWAS
Council of Minsters has called on member states to fully implement the ECOWAS
free
movement Protocol to boost the regional integration process. In a press statement issued on 19 th
June 2014 he noted “it is regrettable to note that the ECOWAS Protocol on Free Movement of
Persons, Goods, Services and Right of Residence and Establishment, a key element in our
integration objectives is yet to be fully implemented after 32 years”. This remarks were made at
the ECOWAS secretariat in Abuja.
On the whole it is important to acknowledge that the ECOWAS Free Movement Protocol was
meant to ease movement within the sub-region and to enhance greater cooperation and
interaction. However from the picture that has been painted, one will not have any doubt in the
mind that the Protocol has not been without challenges. This chapter has sought to examine the
Protocol on Free Movement, its achievements and challenges. There is no doubt that the Protocol
has not been without setbacks. On the whole, it is pertinent to state that all the information on the
Protocol pertain to only transportation by road.
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Endnotes
1
United Nations Charter, San Francisco, 1945
Asante, S. K. B., “Regionalism and Integration:The way Forward,” in Proceedings of a workshop organized by the
Legon Center for International Affairs and Diplomacy(LECIAD), The United Nations Development
Program(UNDP) A and the National Institutional Renewal Program(NIRP), Golden Tulip, Accra December 1999.
3
Renninger, J. P., ”The future of Economic Cooperation Schemes in Africa with special reference to ECOWAS” in
Shaw, T.M, (ed) Alternative Futures for Africa, Boulder, CO: West View Press, (1982), p.155
4
UN World Economic and Social Survey 2006. Department of Economic and Social Affairs. New York.
5
Asante, S. K. B., The Political Economy of Regionalism in Africa, New York: Praeger Publishers,1986,), p. 141
6
Aderanti, A, (2001, “Regional Organizations and Intra Regional Migration in Sub-Saharan Africa: Challenges and
Prospects” Available at www.allafrica.com. Accessed on 24 June 2014.
7
Agyei, J. and Clottey, E., (2013)” Operationalizing ECOWAS Protocol on Free Movement of People among the
Member States: Issues of Convergence and Divergence and Prospects for Sub-Regional Integration. Available at
www.imi.ox.ac.uk. Accessed on 12 July 2014.
8
Revised ECOWAS Treaty of 1993. Available at www.ecowas.int. Accessed on 17 June 2014.
9
Aderanti, A., (2009), “Migration in Sub-Saharan Africa” Available at www.booksdepository.com Accessed on 7
July 2014.
10
Adebusuyi, A., (2012),”Regional Integration in the ECOWAS Region: Challenges and Opportunities” Available at
www.fideen.co.uk, Accessed on 12 July 2014.
11
Amarteifio, P., “The Protocol on Free Movement of Persons, Goods and Services” in Regionalism and Regional
Integration in West Africa: The Way Forward , Proceedings of a workshop jointly organized by the Legon Centre
for International Affairs and Diplomacy(LECIAD), the National Institutional Renewal Program(NIRP) and the
United Nations Development Program(UNDP) at the Golden Tulip , Accra, December, 2000.
12
Alieu, C., (2013). “ECOWAS to Review Protocol on Movement of Persons, Goods and Services” Available at
www.allafrica.com. Accessed on 19 July 2014.
13
Asante, S. K. B., ( 1997) Regionalism and Africa’s Development: Expectations, Reality and Challenges (New
York: St. Martin’s Press)
14
Modou, S.J.(2011) “32
years on, West Africa’s Free Movement Protocol Drags” Available at
www.thenorthbankeveningstandard.blogspot.com.
15
Alkali, R., (2008) “West Africa: ECOWAS- Its Formation and Achievements” Available at www.allafrica.com.
Accessed on 27 July 2014.
16
Ali,W. B., (2013) “Impact of ECOWAS Protocols on Political and Economic Integration of the West Africa SubRegion” Available at www. Allafrica.com. Accessed on 20 July 2014.
17
Bansah, E. K., (2012) “ Thirty years of ECOWAS: An Appraisal” Available at www.modernghana.com/news.
18
Abubakar, S. M., (2004) “The Challenges of Regional Integration” Available at www.gamji.com
19
Gaygbor, E. J. N., (2013) “Free Movement under ECOWAS” Available at www.thedawnliberia.com Accessed on
4 July 2014.
2
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CHAPTER THREE
THE IMPLEMENTATION OF THE FREE MOVEMENT PROTOCOL AT THE
GHANA-BURKINA FASO BORDER
3.0
Introduction
The primary purpose of establishing the ECOWAS more than three decades ago was to integrate
the West African markets for goods, capital and labour, so as to advance in its search for
sustained economic growth.1In the estimation of the founding fathers, the expansion of the West
African markets and the integration of the national economies were key for the survival of
member states as stipulated in both the 1975 treaty and the revised treaty of 1993.
This has been re-echoed by Renninger who argues that in developing countries, the main goals
for economic integration include: ‘’improvement in opportunities for investment, a better
utilization and allocation of resources, internal and external economies of scale and increased
efficiency resulting from specialization, the development of new industries, greater
diversification of domestic and export sectors, and reduction in economic dependence and
vulnerability, a stronger bargaining position and the industrial transformation of the economies
of the member states.”2
It is therefore imperative that success of West African integration should be measured by the
degree of interaction between the citizenry and the business community. It is for this reason that
Articles 2(2) and 27 of the Protocol on Free Movement of Persons, Goods and Services were
adopted, in order to facilitate trade and physical integration.
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This chapter delves into the implementation of the Protocol on Free Movement of Persons,
Goods and Services at the Ghana-Burkina Faso border. This chapter has been divided into five
thematic areas to provide a better understanding of how the Protocol is being implemented at the
Ghana-Burkina Faso border. The five thematic areas are awareness of the existence of the
Protocol, institutional capacity, attitudes, and differences in the implementation of the Protocol
and differences in language.
3.1
Awareness of the existence of the Protocol on Free Movement of Persons, Goods and
Services at the Ghana-Burkina Faso border
The Protocol on Free Movement of Persons, Goods and Services states inter alia:

The elimination as between the member states of customs duties and other charges of
equivalent effect in respect of the importation and exportation of goods(Art. 2(2))3

Citizens of Member states shall be regarded as community citizens and accordingly
member states undertake to abolish all obstacles to their freedom of movement and
residence within the community. Member states shall by agreements with each other
exempt community citizens from holding visitors and residence permits and allow them
to
work
and
undertake
commercial
and
industrial
activities
within
their
territories.(Art.27).4
With this in mind, community citizens travelling along the Ghana-Burkina Faso border need not
possess visas except to possess valid documents such as passports, international drivers licence,
ECOWAS Brown card and international insurance covering the goods been transported. Persons
are also required to provide a valid international health certificate. Indeed there is a difference
between free movement of persons and free movement of goods. Documents required for
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persons under the free movement of persons are a valid passport and a valid international health
certificate whereas those required for free movement of goods are a valid international driver’s
license, insurance covering the goods and evidence of payment of relevant taxes. It is pertinent to
state that persons who are not community citizens will be required to possess valid visas.
Out of the twenty people(11 Ghanaians and 9 Burkinabes)
interviewed during the research
work, eleven of them were not aware of the existence of the Protocol on Free Movement of
Persons, Goods and Services at the Ghana-Burkina Faso border. Out the twenty people, there
were eleven Ghanaians and nine Burkinabes. The twenty people also included two senior
officers of both customs and immigration service. There were three junior officers from both
customs and immigration service. The ranks of the senior officers were principal collector and
assistant director respectively. The ranks of the junior officers ranged between junior revenue
assistant grades 1-3.
Further probing revealed that such persons thought that the right to use the corridor was at the
discretion of custom and immigration officers. The educational background of such persons
ranged between primary to senior high school. These people had little knowledge of the Protocol
and could not readily provide the requirements of the Protocol. This could be attributed to the
lack of dissemination of information on the Protocol.
Another intriguing point that came up in the interviews and observation was the fact that the four
respondents who had university education preferred to pay monies to some officers at the border
or use the various unapproved routes dotted around the border. Three of the respondents
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preferred to pay monies to officers or use unapproved routes due to the cumbersome procedures
at the border. Interestingly they had never possessed any valid document anytime they were
crossing the border. The observation also revealed that people from the western world possessed
all the requisite documents needed to cross the border. It was also observed that people who are
not from the sub-region are known to possess the requisite documents anytime they were using
the border. Some white people who were observed displayed an excellent knowledge of the
Protocol. This was indeed confirmed by immigration and custom officers who were interviewed.
This therefore reinforces the arguments of Agyei and Clottey that the Free Movement Protocol of
ECOWAS is largely unknown. 5 A worrying trend that emerged during the interviews and
observation was the lack of knowledge of the Protocol by some junior officers of customs and
immigration who are expected to implement the Protocol. The interviews revealed that senior
officers of customs and immigration had a clear understanding of the Protocol. However junior
officers who dealt directly with the people were oblivious of the stipulations of the Protocol.
Even those who had an idea of the Protocol could not readily explain what it entailed. The
unfortunate thing is that, goods originating from member states are sometimes not given the
proper tariffs. This causes undue delay at the border because trucks loaded with goods will have
to park for some days before they are allowed to use the Ghana-Burkina Faso border. The fact
that most people are not even aware of the Protocol is a serious challenge to the implementation.
The women who were interviewed claimed not to have heard anything about the Free Movement
Protocol. This could be attributed to the inability of the respective countries to educate their
citizens on the Protocol. It must also be stated that it appears that the two states have failed to
disseminate information on the Protocol to their nationals. The two states should therefore bear
the brunt of the citizen’s lack of knowledge of the Protocol.
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The both women and men interviewed revealed that the clearance to cross the border was a
favour that the officers were giving them. This falls in tandem with the arguments by Adebusuyi
that the Free Movement Protocol is largely unknown by the citizens of member states. The
interviews and observations indeed confirmed the notion that the Protocol is not known by
people who are supposed to be the beneficiaries. The fact that people are unable to even
understand what the Protocol entails is ample testimony of the lack of information on the
Protocol. The frustration and anger that some people vented at custom and immigration officers
was based on their ignorance of the requirements of the Protocol.
Some junior officers who were interviewed also appeared not to even understand the
requirements of the Protocol and for those had an idea, explaining it in detail was problematic.
This is because it is the junior officers who interact directly with commuters. This is a serious
problem because those in charge of implementing the Protocol at the Ghana-Burkina Faso have
little knowledge of what is entailed in there. This confirms the findings of Vollmer and Fischer
that the implementers of the Protocol are not adequately equipped to carry the task of
implementing the Protocol.
The lack of knowledge on the part of commuters and officers has a negative effect on the way
the Protocol was being implemented at the border considering that people had to wait for long
hours to get clearance to cross the border. The senior officers who had adequate knowledge of
the Protocol were performing other administrative duties.
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The fact that some officers are not conversant with the requirements of the Protocol is a
hindrance to its implementation. The institutional capacity to execute such a task is virtually nonexistent. Martins has made the point that the capacity to implement the Free Movement Protocol
is not sufficient. This assertion by Martins was confirmed at the Ghana-Burkina Faso border in
the Upper East Region. It was very evident during the interviews and observations that the
Protocol was facing serious challenges with respect to its implementation.
The interviews and observation also revealed that the high level of illiteracy at the GhanaBurkina Faso border was a stumbling block in the implementation of the Protocol. This is based
on the fact most people who were interviewed and observed had little or no knowledge of the
Protocol at all. This lack of appreciable knowledge was one of the reasons that created problems
for both customs and immigration officers at the border. The fact that people do not have
adequate information will make it difficult for them to better appreciate the Free Movement
Protocol.
3.2
Institutional Capacity
The two institutions tasked with the responsibility of implementing the Free Movement Protocol
are the immigration service and customs in Ghana and Douane, police and Gendamarie in
Burkina Faso. During the interviews and observations, it was evident that both institutions at the
Ghana-Burkina Faso border were always overwhelmed by the volumes of trucks loaded with
goods that transit the border. The personnel needed to effectively man the border were lacking.
Officers were torn between the border and the numerous unapproved routes along the border.
During the observations, it came to light that the unapproved routes have become a conduit for
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smuggling fuel and other goods between Ghana and Burkina Faso. As a result, officers will have
to conduct their duties at the border in addition to patrolling the unapproved routes. The
personnel needed to carry out these dual roles were unavailable at the Ghana-Burkina Faso
border. The result is that it is very difficult to have officers carry out these tasks due to the small
size of personnel. This adversely affects free movement because a lot of time is spent by
commuters waiting for clearance to cross the border into either Ghana or Burkina Faso.
It was observed that customs and immigration officers apart from personnel also lacked vehicles
to effectively monitor the various unapproved routes. At the time of visiting the border, the
immigration service had only two roadworthy vehicles whilst customs had one. This lack of
personnel and logistics to effectively implement the Free Movement Protocol made it easier for
smugglers and other criminals to exploit to their advantage. Out of the three scanners at the
border, only one is functioning and this brought pressure on officials who had to check goods
before it left the border. The two institutions also had no specially programmed computers that
will accelerate their operations at the border. This will make it easier for documents to be
scanned instead of typing or writing them. Trucks loaded with goods had to be physically
inspected due to insufficient scanners. A satellite equipment that is required to mount
surveillance on the six unapproved routes was non-existent.
There about six unapproved routes along the Ghana-Burkina border. The most popular one is
located at a village called Nakolo in the Kasena-Nankana West District. Commuters who do not
want to go through the documentation processes at the border use that route into Burkina Faso
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and vice versa. The lack of vehicles to patrol these unapproved routes has left smugglers with an
unrestricted access to both countries.
The lack of institutional capacity at the Ghana-Burkina Faso border affected the implementation
of the Protocol at all. It appears as though the ECOWAS in enacting the Protocol did not take
into consideration the institutional capacity of member states at all. This is because it was evident
during the interviews and observation that customs and immigration officers were not
sufficiently capable to deal the tasks confronting them. This scenario at the border fits into the
assertion by Aderanti that institutional capacity is hampering the implementation of the Free
Movement Protocol. He further makes the point that the implementation of the Protocol could be
done if the requisite personnel and institutions are adequately prepared to surmount the task
ahead. The scenario at the Ghana-Burkina Faso border supports this point.
3.3
Attitudes
The tendency of people to circumvent laid down procedures was very evident in the interviews
and observations that took place at the Ghana-Burkina Faso border. The few people who
appeared to have some basic knowledge of the Protocol did not see it to be relevant to their cause
and indeed did not see the importance of the protocol. For instance, their understanding of free
movement was tantamount to using the border without any restriction and documents. Not even
an attempt to persuade them to heed to the stipulationsof the Protocol by the researcher yielded
any dividend. To such people, the insistence on some documents before using the border did not
inure to their benefit. The fact that such people have an idea of the Protocol yet did not see the
need to go through the processes is an indication of the penchant to disregard laid down
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processes. The fact that people know the law but will not abide by it is indicative of a disregard
for laid down processes. People intentionally flout laws not because they are not aware but
because they find it convenient to do so.
The attitude of some officers at the border is also a setback to the implementation of the
Protocol. It was observed that commuters who were either walking or riding motorbikes had a
free day crossing the border without going through some form of checks. It appeared that some
of the officers at the border had become too familiar with some of the commuters and hence did
not deem it fit for such people to go through any checks. This could have the potential of people
moving into either country to foment trouble as well as spread diseases such as the deadly Ebola
virus. This is because such people did not go through the required processes at the border. An
interaction with officers at the border revealed that the demarcation of the border has divided
various families between Ghana and Burkina Faso and since people have families in both
countries, the use of the border has become a daily routine for such people to visit their relations
on either side of the border.
Since people use the border unhindered, it will be very difficult to track their movements in their
host countries. Addo asserts that such persons have the potential of fomenting and creating
security threats for the host state.6
It was observed that some form of camaraderie existed between some officers and commuters. In
view of this, such people who were familiar to these officers did not go through any form of
checks at the border. Such people were mostly petty traders who conducted their business
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between Ghana and Burkina Faso. Such existing rapport tends to defeat the very purpose of the
Free Movement Protocol because due diligence is not followed.
One revelation that also emerged during the observations and interviews was that some people
who lived on the Ghana side of the border had relations living at the Burkina Faso side. The
arguments of such people were that it was not necessary for them to possess any document
before visiting their relations on either side of the border. To them the border was an artificial
creation that separated families.
One phenomenon that emerged in the interviews and observations was that some group of men
had constituted themselves into middlemen and shuttled between Ghana and Burkina Faso. Such
persons collect money monies from some commuters to enable them cross the border without the
requisite documents. An interaction with some of them revealed that they knew nothing about
the Protocol and some even after being prompted by the researcher on the demands of the
Protocol did not still see its relevance. Some of these middlemen charged between three
thousand and four thousand CFA or the equivalent of thirty cedis to enable them take one across
the border. Such persons use the main border in the full glare of officers without any questioning.
Some of these middlemen have a basic idea of the Protocol but because people do not want to go
through the procedures involved, the resort to the services of these middlemen.
These
middlemen seem to have operated at the border for a long time and are very comfortable doing
business at the border. They seem to have made friends with some officers at the border.
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This attitude tends to defeat the very purpose of the Free Movement Protocol as envisioned by
the ECOWAS. The tendency for people to disregard established order is not a new thing at all. It
was revealed that both commuters and some junior officers do not have any regard for the
requirements of the Protocol as people deliberately refused to submit themselves to the processes
at the border. Some officers stood watching while commuters passed the border without
demanding any document from them as required under the Protocol. Some officers have also
spent a long time working at the border. Some officers have spent between six and ten years at
the border. Thus the tendency to be lackadaisical towards their duties was very evident at the
Ghana-Burkina Faso border. This echoes the point that the Free Movement Protocol was not
meant to be selectively applied. This tendency on the part of officers has the potential of
undermining the successful implementation of the Free Movement Protocol.
3.4
Differences in the implementation of the Protocol
The Free Movement Protocol was aimed at integrating the West African markets for goods,
capital and labour, so as to advance in its search for sustained economic growth. In this regard,
the Protocol was to be implemented by all member states in the sub-region to ease movement of
people, goods and services. 7 This means that member states were to implement the Protocol
among themselves devoid of any restrictions or selectivity. However my interaction with
customs and immigration officers at the border revealed that the Protocol is been implemented
differently by member states. This according to officers at the border tends to create problems for
them. Some senior customs and immigration officers also confirmed that Ghana was far ahead of
other West African states in the implementation of the Free Movement Protocol. Officers at the
Ghana side of the border are very receptive are willing to offer assistance to people who
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approach them. However, the Douane and Gendamarie are very hostile in their dealings with
people. It is very difficult to elicit information from the Burkinabe officials.
It was observed that there were differences in the implementation of the Protocol. For instance
no document was requested from the researcher at the Burkina Faso side of the border. The
Burkinabe officials demanded an amount of four thousand CFA before crossing the border. No
official receipt is issued when one pays the amount requested by the Burkinabe officials. The
hostile nature of these officials makes it difficult for one to make any enquiries as to the reasons
for the payment of money. The behaviour of the Burkinabe officials created the impression that
they were doing commuters a favour by allowing them to use the border. The collection of
monies at the border by these Burkinabe officials is not a requirement of the Protocol. But
officials at the Ghana side claim that this practice is not a recent phenomenon. It was also
revealed that the authorities in Burkina Faso have a different understanding of the Protocol.
This obviously is a clear departure of the stipulations of the Free Movement Protocol. It was
also observed that officials at the Burkinabe end of the border lacked an understanding of the
Protocol. One revelation that came up during the research was that the differences in the
domestic laws of member states are a hindrance to the implementation of the Protocol.
Commuters who entered Ghana through Burkina Faso had problems with customs and
immigration officers due to the non-possession of the relevant documents. The reality is that the
Protocol is been implemented differently in both Ghana and Burkina Faso as was seen at the
border. Officers at the border also confirmed that Ghana was way ahead of its Burkinabe
counterpart in the implementation of the Protocol.
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Officers at the border had a serious challenge in dealing with commuters from Francophone
countries because they did not understand why documents should be demanded from them at the
Ghana side of the border. This is because back in their country no document is demanded from
them with the exception of the payment of four thousand CFA. This uneven implementation of
the Protocol tends to create confusion between commuters and officers at the Ghana- Burkina
Faso border. Officers had a hectic time explaining the requirements of the Protocol to commuters
from both countries.
Some commuters had the tendency to think that the demand for documents was an attempt to
curtail their entry into Ghana. Some commuters from Burkina Faso were openly seen engaging
in heated arguments with some officers at the border. Some commuters openly refused to
produce the required documents at the point of entry and indeed some argued that there was no
law in existence to that effect. This according to officers was based on how other member states
of ECOWAS were implementing the Protocol. This supports the assertion by Olaide that the lack
of harmonization in the implementation of the Protocol is a serious setback to integration in West
Africa.8
It came to light that vehicles loaded with goods spent more time at the Ghana portion of the
border than the Burkina side. This was based on the fact that officials had a hectic time taking
commuters through the documentation process. Most vehicles spent little time at the Burkina
Faso end due to the way the Protocol was been implemented. Drivers only had to pay some
money to Burkinabe officials to enable them cross into Ghana. The difference in the
implementation of the Protocol by both Ghana and Burkina Faso was serious concern to officers
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at the border. It appears as though the Protocol on Free Movement did not take social and
cultural differences among states into consideration as well differences in legal doctrines. This
came to light during the interviews and observations at the Ghana-Burkina Faso border. The way
both Ghanaian and Burkina officials were applying the Protocol was worrisome. This is because
whereas customs and immigration officers were asking for some documents such as passport,
their Burkinabe counterparts were demanding monies from commuters before they could cross
the border. This uneven application of the Protocol was a setback to its implementation. This
phenomenon confirms the assertion by Bansah that differences in the implementation of the
Protocol was a hindrance to the successful implementation of the Free Movement Protocol by
ECOWAS. The Protocol is its current state is not without challenges. The differences in the
implementation of the Protocol in both Ghana and Burkina showed some inconsistencies.
3.5
Language and Communication
Communication is very vital for interaction amongst people for them to accomplish any task. In
this regard, it is very important for officers at the border to be able to interact fluently with
commuters. Commuters who ply the border are also expected to be able to communicate with
officials at the border.
The differences in language between Ghana and Burkina Faso are a serious setback to the
implementation of the Free Movement Protocol at the border. During the interviews and
observations, it came to light that most officers at the Ghana side of the border found it difficult
to communicate with commuters from French speaking countries. Some of the commuters from
Burkina Faso also found it difficult to communicate in English except French. Officers at the
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border had to resort to the use of sign language to communicate with some commuters. The
differences in language often led to a lot of time been spent at the border. This is because officers
had to resort to the use of interpreters to better understand the issues at stake. Some commuters
in some instances lost their patience and resorted to shouting to vent their frustration. This led to
undue delays at the border.
Officers at the Burkina Faso side of the border also found it difficult to communicate in English
and this sometimes led to a misunderstanding between officers and commuters at the border. A
close observation revealed that the communication gap created a lot of suspicion among officers
and commuters at the border. In view of this, a lot of people tend to hire motorbikes to ferry
them across the border instead of going through formalities that took a while to complete.
Some senior officers from customs and immigration are able to speak some basic French.
However such officers are not always in direct contact with commuters and thus leaving
commuters at the mercy of connection men who make money at the expense of the state at the
border. In some instances officers have had to rely on some errand boys for interpretation. The
differences in language therefore inhibits the smooth implementation of the Protocol on Free
Movement of Persons, Goods and Services at the Ghana-Burkina Faso border. This is because
communication which is very vital for human interaction is non-existent.
The inability of officers to communicate effectively in both French and English sometimes
created suspicion between officers and some commuters at the border. Linguistic differences
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tends to impede the implementation of the Free Movement Protocol at the Ghana-Burkina Faso
border.
3.6
Conclusion
This chapter examined the implementation of the Free Movement Protocol at the Ghana-Burkina
Faso border. It also looked at the various themes under which the Protocol was being
implemented at the border. The chapter has sought to bring to light the implementation
difficulties at the border.
The implementation of the Protocol at the border is beset with some challenges that have worked
against its smooth implementation at the Ghana-Burkina Faso border. The problems of
implementation range from institutional, attitudinal, linguistic, lack of harmonization in the
implementation of the Protocol and ignorance of the Protocol by citizens of member states has
affected the expected benefits to be derived from the implementation of the Protocol. This
setbacks have not enhanced free movement of citizens within the sub-region. Community
citizens have to contend with a lot of difficulties in their quest to cross the border into other West
African countries.
The Free Movement Protocol has indeed not been fully beneficial as was envisaged by the
ECOWAS. The members of ECOWAS should as a matter of course put in strategies to ensure
that the Free Movement Protocol is implemented without difficulties at the various exit and entry
points. This is especially so at the Ghana-Burkina Faso border in the Upper East Region. This
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will make way for proper integration among West African countries. The integration agenda of
ECOWAS should be of paramount importance to the members of ECOWAS.
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Endnotes
1
Asante, S. K. B., Regionalism and Integration: The Way Forward, in Proceedings of a Workshop Organized The
Legon Centre For International Affairs and Diplomacy(LECIAD),The United Nations Development
Programme(UNDP) and the National Institutional Renewal Programme(NIRP), Golden Tulip, Accra, December,
1999.
2
Renninger, J. P, ‘’The Future of Economic Cooperation Schemes in Africa with Special Reference to ECOWAS’’
in Shaw, T. M., (ed), Alternative Futures for Africa (Colorado, West View Press, 1982) p.155.
3
Treaty of ECOWAS published the Accra, Ghana ECOWAS Executive Secretariat.
4
Ibid.
5
Agyei and Clottey (2012) “Operationalizing ECOWAS Protocol on Free Movement of Persons among Member
States:Issues of Convergence, Divergence and Prospects for Sub-Regional Integration.
6
Addo, P., (2006) “Cross-Border Criminal Activities In West Africa: Options for Effective Response” KAIPTC
Working Paper No 12, May.
7
Abubakar, S. M., (2004) “The Challenges of Regional Integration”. An internet Article available at
www.gamji.com. Accessed on 17-82014
8
Adedokun, A. O., (2009) “The Rights of Migrant Workers and Members of their Families: Nigeria”
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CHAPTER FOUR
SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS
4.0
Introduction
The Protocol on free movement of Persons, Goods and Services was meant to facilitate
movement within the sub-region and to promote intraregional trade within the West African subregion. The focus was to remove all visa requirements that made movement difficult within the
sub-region. However research work at the Ghana-Burkina Faso border has shown that the
implementation of the Protocol has been fraught with several challenges if left unaddressed will
render the Free Movement Protocol irrelevant.
This chapter is dedicated to the findings of the research, conclusions and recommendations as
well as the use of secondary data available on the subject. The whole chapter is basically to bring
to the fore the challenges that confront the Free Movement Protocol at the Ghana-Burkina Faso
border. The findings are as a result of research work conducted at the border. Interviews and
observations at the border have been factored into this chapter. Secondary data also played an
important role in this chapter. The data used is a reflection of various literature on the subject
matter. The conclusions arrived at have been as a result of thorough research carried out at the
border. The recommendations made if adhered to will go a long way to ease the difficulties
encountered in the implementation of the Free Movement Protocol at the Ghana-Burkina Faso
border. The research work has taken into account the integration agenda of ECOWAS. This is in
tandem with the ECOWAS conceptual framework of moving from ECOWAS of “states” to
ECOWAS of “people”.
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4.1
Summary of Findings
The implementation of the Free Movement Protocol of ECOWAS as stipulated in Articles 2(2)
and 27 has not been without challenges. One will not be far from right by saying it is between
standstill and progress at the Ghana- Burkina Faso border.
This work attempts to establish the fact that the Protocol on Free Movement of Persons, Goods
and Services along the Ghana- Burkina Faso border has been fraught with some challenges in its
implementation. This is because the various stakeholders in the implementation of the Protocol
have some challenges to overcome.
In discussing the obstacles to Free Movement of Persons, Goods and Services, much emphasis is
usually not placed on the challenges impeding its implementation. This is not to suggest that a
single reason is responsible for the challenges of the implementation of the Protocol. The
required infrastructure that will enhance the implementation the free movement Protocol are not
up to scratch and these have impeded the smooth implementation of the Protocol. Apart from
infrastructural deficits, some other factors have conspired against the smooth implementation of
the free movement Protocol. Some of these factors are language barrier, lack of institutional
capacity, lack of knowledge of the Protocol and human attitudes.
The necessary legislations to implement the Protocol have been adopted. However the lack of
institutional capacity, human attitudes, low level of awareness, language barrier are stumbling
blocks in the implementation of the Protocol. It is also pertinent to note that customs and
immigration officers who are supposed to implement the Protocol are faced with a lot of
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challenges. These challenges are multifaceted and range from the lack of logistics to the lack of
personnel as well as the existence of unapproved routes. The six unapproved routes along the
Ghana-Burkina Faso border makes it difficult for both customs and immigration officers to
effectively patrol these routes.
The study also examined the institutional attitudinal bottlenecks that militate against the smooth
implementation of the Protocol. Such bottlenecks include ignorance of the Protocol, extortion
and porous nature of the border is a stumbling block in the way of Free Movement. Interviews
and observations at the Ghana-Burkina Faso border revealed that institutional and attitudinal
issues have conspired to stifle the Protocol on Free Movement.
Furthermore, another finding worth mentioning is the low level of the awareness of the Protocol
by both commuters and officers alike. Free Movement goes beyond traversing the borders of a
country. It is important to note that the Ghana- Burkina Faso border serves as the main point of
entry and exit for persons, goods and services from Burkina Faso, Mali, Chad and Niger. Since
these countries are landlocked, Ghana serves as the main destination for these countries to
conduct business.
The six unapproved routes used by commuters are also a serious setback in the implementation
of the Protocol. This is because the Protocol is supposed to be implemented at officially
designated routes. This will make it easier for officials to track persons who use the border into
the country. The numerous unapproved routes could spell doom for the sub-region since
miscreants can create security problems through subversion. This research coincided with the
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outbreak of the Ebola virus. Officers found it difficult to keep track of the number of people who
entered and exited the country. The conduct of officers at the border leaves much to be desired.
The attitude of such officers is not helping in the implementation of the Protocol. Some
commuters have made friends with some officers and as such those people do not go through the
required procedures as required under the Protocol. Some officers also look on whilst commuters
use the border without any regard for the requirements to the Protocol. Officers confirmed that
people who do not go through the required processes at the border are those that visit their
families at either side of the border. Such people are not required to possess any document
because they use the border on a daily basis.
The research also revealed that knowledge of the Protocol was at the Ghana-Burkina Faso
border. Interviews and observations at the border revealed that most commuters and even some
junior officers of both customs and immigration were totally oblivious of the Protocol on Free
Movement. This is very worrisome because it is the implementation of the Protocol at the border.
The result is that people are not aware of what is required of them under the Free Movement
Protocol at the Ghana-Burkina Faso border. This apparent lack of knowledge of the Protocol has
impeded the smooth implementation of the Protocol.
The findings also revealed that people who are not from the sub-region willingly went through
the requirements of the Protocol at the Ghana-Burkina Faso border. The research also showed
that such people who do not hail from the sub-region are very abreast with the Protocol. An
interview with such expatriates revealed that they had taken time to read about the Protocol. This
is not the case with people from the sub-region who had no knowledge of the Free Movement
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Protocol at the Ghana-Burkina Faso border. An expatriate who was interviewed at the border
displayed a high level of knowledge of the Protocol. He was abreast with all the requirements of
the Protocol and actually possessed the requisite documents as stipulated under the Protocol.
Another finding worth mentioning is the lack of information on the Protocol at the GhanaBurkina Faso border. The lack of information meant that people were not abreast of the
requirements of the Protocol. This sometimes led to unnecessary confrontation between officers
and commuters at the border. There were instances in which some commuters thought that the
demand for certain documents by customs and immigration officers were meant to frustrate their
movement. These have the potential of creating tension between commuters and officers at both
sides of the border. The Protocol is supposed to be implemented to ease the burden of
commuters.
4.2
Conclusion
The study has shown that, if Ghana is to take advantage of the large market provided by the over
300 million citizens of ECOWAS, the surest way is to ensure that there is free flow of goods and
services as well as persons across the borders and within the country. The full implementation of
the Free Movement Protocol at the Ghana-Burkina Faso border is the surest way to attaining
intra-regional trade within the border.
However there is overwhelming evidence that attitudes, institutional weaknesses, language
barrier, lack of awareness of the Protocol are the major contributors to the slow movement of
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persons, goods and services as well as the challenges to the implementation of the Protocol as
was seen at the Ghana-Burkina Faso border.
The challenges to the implementation that has been revealed at the Ghana-Burkina Faso border
have not enhanced the expectations that was supposed to be derived from the Protocol. The aim
of the Protocol was supposed to ease the problems that people encountered in their quest to move
into other countries within the sub-region. The challenges to the implementation of the Protocol
are invariably affecting the intended benefits that are supposed to be derived from the Protocol
on Free Movement of Persons, Goods and Services at the border.
4.3
Recommendations
Recommendation in four broad areas will be made namely: institutional, education,
harmonization of the Protocol and closure of all unapproved routes will bring about the benefits
to be derived from the implementation of the Free Movement Protocol at the Ghana- Burkina
Faso border. The border serves as the main point of entry and exit for landlocked countries such
as Burkina Faso, Mali, Niger and Chad. These recommendations will help to reduce if not totally
eliminate the obstacles to the implementation of the Protocol on Free Movement. The
recommendations has taken cognisance of the integration agenda of ECOWAS.
4.3.1 Institutional
The institutions responsible for implementing the Free Movement Protocol namely customs and
immigration should be equipped with well trained staff and logistics to enable them carry out
their mandate. Interviews with both institutions revealed that most of junior officers are oblivious
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of the Protocol on Free Movement. This institutional deficiency is a setback to the
implementation of the Protocol. The two institutions as a matter of urgency should be provided
with vehicles to enable them monitor the various unapproved routes around the border.There
should be periodic seminars and workshops geared towards equipping junior officers with the
stipulations of the Protocol since most junior officers are totally oblivious of the Free Movement
Protocol of ECOWAS. The two institutions should design an elaborate programme aimed at
sensitizing officers on the Protocol on Free Movement. There should also be periodic assessment
of junior officers about the Protocol.
The provision of logistics should be treated as an emergency so as to enable officers carry out
their duties efficiently. At the time of the research, out of the three scanners at the border, only
one was functioning and this delayed the process because quite a number of people were waiting
for their turn. The problem of inadequate personnel as stated earlier should be looked at if Ghana
is to fully implement the Protocol and improve its revenue collection as well as promoting cross
border trade. This will help to reduce the numerous connection men who are making money at
the expense of the state. It will also help to reduce smuggling and increase government revenue.
Finally customs and immigration officers should be cautioned to desist from colluding with
commuters and other errand boys from abiding by the dictates of the Protocol on Free
Movement. Immigration and custom officers should be taken through moral and ethical training.
Senior officers should make regular unannounced visits to the border to get first-hand
information on what goes on at the border. Measures should be put in place to make corruption
unattractive. Officers should be provided with incentives to boost their morale and encourage
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hard work. Institutional ethics and discipline should be periodically instilled into officers at the
Ghana-Burkina Faso border. Officers should be encouraged to study the Protocol and to strictly
implement it at the border.
4.3.2 Educational
There should be conscious national policies in the various ECOWAS countries aimed at
educating people on the Protocol on Free Movement of Persons, Goods and Services at the
Ghana-Burkina Faso border. During the interviews and observations, it emerged that most people
were totally oblivious of the Protocol. Customs and immigration officers complained that the
lack of sensitization on the Protocol was hampering its implementation. This sometimes creates
unnecessary confrontation between officers and commuters at the border.
Educating people about the Protocol will ease the difficulties encountered in the implementation.
This is because people will be well versed in the requirements of the Protocol and will therefore
go through the formalities at the border without any problems. The education process should be
included in the curricula of schools from the basic to the tertiary level to educate students about
the Protocol.
Public awareness will greatly enhance the implementation of the Protocol at the Ghana- Burkina
border. This will enable the implementing agencies do their work without any hindrance. The
various radio stations in the Upper East Region should be contacted to design programmes aimed
at creating awareness on the Protocol. Customs and immigration officers should be invited from
time to time to educate the general public on what is required of them under the Protocol. The
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National Commission for Civic Education should be made to design a programme in both
English and the local languages to sensitize the people on the Protocol. The increased awareness
of the Protocol will reduce or eliminate the challenges confronting the implementation of the
Protocol.
Both the customs and immigration services should consider recruiting French speaking officers
and posting them to the various borders to enhance communication with commuters at the
border. This will greatly lead to efficiency and reduce the time spent at the border. It will also
reduce the unnecessary suspicion between officers and commuters at the border.
4.3.3 Harmonization
The differences in the implementation of the Protocol by both Ghana and Burkina Faso at the
border tends create problems for both officers and commuters at the border. The Protocol on Free
Movement of Persons, Goods and Services is supposed to be implemented uniformly across the
sub-region. However it appears that some countries have adopted a different means of
implementing the Protocol and hence are not abiding by the requirements of the Protocol. A
careful observation at the border revealed some disparities in the implementation of the Protocol.
ECOWAS should collaborate with its members on the measures required for the universal
application of the Protocol. The difference in the implementation of the Protocol poses a serious
challenge to free movement as envisioned by the founding fathers of ECOWAS.
This will ensure uniformity in the implementation and thereby eliminating the confusion that is
always generated at the Ghana-Burkina Faso border. As it stands now, the differences in the
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implementation of the Protocol will not yield the expected dividend along the Ghana-Burkina
Faso border. West African states should come to a consensus on how to fully sanitise the
Protocol on Free Movement of Persons, Goods and services.
4.4
Conclusion
The Free Movement Protocol was intended to ease the problems encountered by people when
they move from one state to another within the sub-region. The Protocol therefore sought to
remove all visa requirements thereby making movement very easy and convenient. The intended
benefits of the Protocol were expected to be beneficial to citizens of ECOWAS member states.
However research at the Ghana-Burkina border has revealed that the Protocol is facing several
challenges with respect to its implementation. These challenges range from institutional
incapacity, human attitudes, linguistic differences, lack of harmonization in the implementation
of the Protocol and porous nature of the border. This study also confirmed the works of some
authors who have argued that the Free Movement Protocol is facing several challenges in its
implementation. The research at the border amply revealed this assertion. This study also sought
to bring to the fore the various strategies needed to ensure the smooth implementation of the
Protocol. The study also revealed the problems that have militated against the implementation of
the Protocol are not a recent thing.
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BIBLIOGRAPHY
A. Books
Asante, S. K. B., Regionalism and Africa’s Development: Expectations, Reality and Challenges
(New York: St. Martin’s Press.1997)
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Adebusuyi, A., (2012) “Regional Integration in the ECOWAS: Challenges and Opportunities”
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Aderantiet. al. (2010) “Promoting integration through mobility: Free Movement under
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Agyei and Clottey (2007) “Operationalizing the ECOWAS Protocol on Free Movement: Issues
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C. Internet Sources
Abubakar, S. M., (2004) “The Challenges of Regional Integration” Available at
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Ali, W. B., (2013) “Impact of ECOWAS Protocol Economic and Political Integration of the SubRegion. Available at www.allafrica.com. Accessed on 20- July 2014
Alieu, C., (2013) “ECOWAS to Review Protocol on Free Movement of Persons, Goods and
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Gaygbor, E. J. M., (2013) “Free Movement
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ECOWAS”
Available
at
Modou, S., (2011) “32 years on West Africa’s Free Movement Protocol Drags” Available at
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D. Official Documents
The UN Charter, San Francisco, 1945
The Revised ECOWAS Treaty, 1993
The Lagos Treaty of ECOWAS, 1975
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