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| AU Protocol on Free Movement of Persons | |
|---|---|
| Name | Protocol to the African Union on Free Movement of Persons, Right of Residence and Right of Establishment |
| Date signed | 2018 |
| Location signed | Addis Ababa, Ethiopia |
| Parties | Member States of the African Union |
| Effective | Not yet in force (requires 15 ratifications) |
| Depositary | African Union Commission |
AU Protocol on Free Movement of Persons
The Protocol to the African Union on Free Movement of Persons, Right of Residence and Right of Establishment is a continental instrument that seeks to liberalize cross-border movement among African Union member states. Drafted within the framework of the Treaty establishing the African Economic Community and aligned with initiatives such as the African Continental Free Trade Area and the Agenda 2063 vision, the Protocol aims to secure rights of entry, residence, and establishment to bolster integration similar to arrangements seen in the European Union and the Mercosur bloc. Negotiations drew on precedents from the ECOWAS Protocol on Free Movement of Persons, Residence and Establishment and the Kigali Declaration on Mobility.
The Protocol was negotiated under the auspices of the African Union Commission with inputs from the African Union Heads of State and Government, the African Union Commission Chairperson, and regional economic communities such as the Economic Community of West African States, the Southern African Development Community, and the Economic Community of Central African States. The instrument responds to migration dynamics shaped by events like the Sahel crisis, the Libyan civil war, and the refugee movements stemming from the Darfur conflict and the Horn of Africa instability. Endorsement pathways involved the African Union Summit and legal drafting by the African Union Legal Counsel, while adoption required signatures by member states at sessions held in Addis Ababa.
The Protocol outlines three principal rights: right of entry, right of residence, and right of establishment. It proposes measures for visa liberalization linked to models from the Schengen Agreement and frameworks like the Common Market for Eastern and Southern Africa's free movement efforts. Provisions address travel documentation, standards for residence permits, recognition of professional qualifications akin to Lisbon Recognition Convention principles, and safeguards for vulnerable groups influenced by instruments such as the 1951 Refugee Convention and the African Charter on Human and Peoples' Rights. The text also contemplates non-discrimination clauses referencing obligations under the African Charter and coordination with the International Organization for Migration.
Implementation envisages coordination among the African Union Commission, regional economic communities (RECs) including ECOWAS, SADC, EAC, and national authorities like interior ministries and immigration agencies. Proposed institutions include a continental monitoring body modeled on the European Commission's Directorate-General for Migration and Home Affairs and dispute resolution resembling the African Court on Human and Peoples' Rights procedures. Technical support mechanisms reference cooperation with the International Labour Organization, the United Nations Economic Commission for Africa, and the World Bank for capacity building, border management, and data harmonization using standards from the International Civil Aviation Organization.
Signatory states would commit to abolishing visa requirements for AU passport holders over staged timelines and to facilitate residence permits and business establishment rights, mirroring commitments seen in the Treaty of Rome and the EAC Common Market Protocol. Obligations include harmonizing domestic law with the Protocol, instituting administrative measures for recognition of diplomas and professional titles similar to the Bologna Process, and implementing safeguards for public order and health as per norms from the World Health Organization and the African Centres for Disease Control and Prevention. States also undertake reporting duties to AU organs and engagement with RECs such as IGAD and CEN-SAD.
Critics point to sovereignty concerns among states wary of open borders, drawing parallels with debates during the Schengen Area expansions and the Brexit referendum. Security concerns reference terrorism linked to groups like Al-Shabaab and transnational organized crime discussed in INTERPOL reports. Economic anxieties mirror controversies in the European Single Market over labor mobility and social protection, while administrative capacity gaps echo implementation difficulties encountered by the EAC and SADC in mutual recognition of qualifications. Human rights advocates cite enforcement weak spots noted by the African Commission on Human and Peoples' Rights and potential mismatches with national constitutions adjudicated by domestic supreme courts such as the Constitutional Court of South Africa.
Progress has included signature by multiple AU member states, pilot initiatives between subregional blocs like ECOWAS and EAC, and policy dialogues involving the African Union Commission, African Development Bank, and United Nations agencies. Operational milestones mirror elements of the AU Passport proposal and implementation experiences from the ECOWAS passport and EAC passport. Ratification shortfalls, capacity limits at border points such as Duwale and Wagah-style crossings, and differing national priorities have delayed entry into force; similar ratification thresholds were required by instruments like the United Nations Convention on the Law of the Sea.
Comparative frameworks include the European Union's Schengen and the Mercosur residency accords, as well as subregional African models such as the ECOWAS Protocol and the EAC Common Market Protocol. Internationally, parallels are drawn with the Trans-Tasman Travel Arrangement between Australia and New Zealand and bilateral mobility pacts like the US-Canada Safe Third Country Agreement. Lessons have been sought from the Bologna Process, the Common Travel Area of the United Kingdom and Ireland, and multilateral experiences with the Global Compact for Safe, Orderly and Regular Migration.