A Survey on Migration Policies in West Africa
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A Survey on Migration Policies in West Africa Commissioned and funded by: A Survey on Migration Policies in West Africa Prepared by the International Centre for Migration Policy Development, Vienna – Austria and the Interna- tional Organization for Migration (Regional Office for West and Central Africa), Dakar – Senegal Commissioned and funded by the Swiss Agency for Development and Cooperation, Berne - Switzerland ICMPD and IOM • March 2015 Authors: Alexandre Devillard, Alessia Bacchi, and Marion Noack Coordinators: Stéphane Rostiaux and Timon Van Lidth (IOM), Malin Frankenhaeuser (ICMPD) Abstract This survey analyses the current policies, practices, and trends in the area of migration in the fifteen ECOWAS Member States. It therefore attempts to both provide a better understanding of the migration policies West African countries already have in place and highlight where coherent frameworks are lacking. The analysis shows that thirty-five years after the adoption of the 1979 Protocol relating to the Free Movement of Persons, the Right of Residence and Establishment, sev- eral factors are still impeding effective inter-regional mobility within the ECOWAS region. Member States face a significant delay in transposing the 1979 Protocol and supplementary protocols into law. While the right of entry and the abolition of visa requirements for a 90-day stay have been implemented in all countries, less progress can be noted as regards the Right of Residence, the Right of Establishment and access to employment. In the area of emigration, the study shows that labour emigration and employment abroad is regulated only to a limited extent. Furthermore, information and services on the different aspects of the migration process and living/working conditions abroad provided by diplomatic representations abroad lack continuity. Nevertheless, ECOWAS Member States aim to address migration which is evidenced by the fact that the large majority of ECOWAS Member States are explicitly planning to develop a national migration policy or strategy. Acknowledgements First and foremost, the authors would like to thank all government counterparts who kindly contributed to this study by sharing information and reviewing the draft country chapters. A special thanks goes to the ECOWAS Commission’s Free Movement of Persons Directorate, and in particular to Director Sanoh N'Fally, for the valuable support and feedback on various drafts of the study. The contributions of the following persons (in alphabetical order) are acknowledged with immense grati- tude: Ana Barbosa de Melo, Marco Bordignon, Mamadouba Amara Camara, Paloma Casaseca, Emmer- entia Erasmus, Claire Healy, Wilmot Kojo, Apollinaire Kouadio, Kathrin Markovsky, Corinne Massardier, Kazumi Nakamura, Verena Platzer, Audrey Ramel, Mangeh Sesay, Blanca Siles Romero, Daniel Sam, Tamba Siaffa and Valerie Wolff. In addition, the authors gratefully acknowledge the assistance and guid- ance provided by Malin Frankenhaeuser and Stéphane Rostiaux. Finally, the authors wish to express their gratitude SDC’s Global Program on Migration and Development for the valuable inputs and advice. International Centre for Migration Policy Development International Organization for Migration Regional Office for West and Central Africa Gonzagagasse 1 Route des Almadies, Zone 3 A-1010 Vienna BP 16 838 Dakar-Fann Austria Senegal www.icmpd.org www.rodakar.iom.int All rights reserved. No part of this publication may be reproduced, copied or transmitted in any form or by any means, elec- tronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission of the copyright owners. This publication has been translated from its original English version into French. The comparative analysis and the two country chapters covering Cape Verde and Guinea-Bissau have also been translated into Portuguese. This publication has been produced with the assistance of the Swiss Agency for Development and Cooperation. The content of this publication is the responsibility of the authors and does not necessarily reflect the views of the ECOWAS Commission, ICMPD, IOM or the Donor. Layout and design by Marc Rechdane Printed an bound in Austria by Communication Network ISBN 978-3-902880-35-2 (digital version, English) ISBN 978-3-902880-36-9 (printed version, English) ISBN 978-3-902880-37-6 (digital version, French) ISBN 978-3-902880-38-3 (printed version, French) Foreword Migration in West Africa is part of its history, everyday life, and culture. Eighty-four per cent of migration flows today take place in the region and hence contribute to regional integration and to the further strengthening of the Economic Community of West African States (ECOWAS). This South- South migration is seven times greater than migration flows from West Af- rican countries to other parts of the world. Not only is migration a powerful poverty reduction and development tool for all countries in the region, the remittances which it produces serve as effective income diversification and a way of improving living conditions for vulnerable households. This publication provides an overview of the migration situation and the re- lated policy frameworks in the fifteen ECOWAS Member States. Its timing is apt, coming as it does while the ECOWAS is in the midst of revising the Protocol on Free Movement of People, and we will use this study to draw important lessons for the future. Creating a regional labour market with facilitated access to employment in ECOWAS Member States for all ECOWAS citizens is a major challenge, but also one which we gladly accept and are meeting head-on. It is equally important to underline the strong momentum on the part of all ECOWAS Member States considering developing national migration policy. This endeavour shows that ECOWAS Member States are aware of the importance of ensuring a concerted approach to migration issues within a framework of permanent dialogue. I wish to thank and commend the Swiss Agency for Development and Cooperation (SDC) for providing the financial resources to support the research and production of this study and for its continuous support to ECOWAS initiatives in the field of migration management. I would also like to thank the International Centre for Migration Policy Development (ICMPD) and the International Organization for Migration (IOM) for their excellent work and collaboration on this study. Kadré Désiré Ouedraogo President ECOWAS Commission Contents 1. Introduction 13 1.1 Methodological approach 16 2. Comparative analysis 19 2.1 Data and key migration trends in the ECOWAS region 21 2.1.1 Socio-economic and geopolitical context 21 2.1.2 National migration data collection systems 22 2.1.3 Migration patterns and trends 23 2.2 Regional strategic framework on migration 37 2.2.1 ECOWAS Treaty 37 2.2.2 1979 ECOWAS Protocol relating to the Free Movement of Persons, the Right of Residence and Establishment and supplementary protocols 37 2.2.3 Right of entry 38 2.2.4 Right of residence 39 2.2.5 Right of establishment 40 2.2.6 Implementation of the protocols related to free movement 43 2.2.7 ECOWAS Common Approach on Migration 47 2.3 Migration policies in ECOWAS Member States 49 2.3.1 Institutional framework on migration 51 2.3.2 Immigration: national policy framework and institutional practices 53 2.3.3 Emigration: national policy framework and institutional practices 59 2.3.4 International, regional, and bilateral cooperation on migration 63 3. Concluding remarks and recommendations 67 3.1 Recommendations 71 3.2 References 72 4. Country Chapters 77 4.1 Benin 79 4.1.1 Migration trends 79 4.1.2 Migration policy 82 4.1.3 International, regional, and bilateral cooperation 92 4.1.4 References 94 4.1.5 List of interlocutors 96 4.2 Burkina Faso 97 4.2.1 Migration trends 97 4.2.2 Migration policy 100 4.2.3 International, regional, and bilateral cooperation 108 4.2.4 References 111 4.2.5 List of interlocutors 113 6 | A Survey on Migration Policies in West Africa 4.3 Cape Verde 114 4.3.1 Migration trends 114 4.3.2 Migration policy 117 4.3.3 International, regional, and bilateral cooperation 127 4.3.4 References 129 4.3.5 List of interlocutors 131 4.4 Côte d'Ivoire 132 4.4.1 Migration trends 132 4.4.2 Migration policy 136 4.4.3 International, regional, and bilateral cooperation 144 4.4.4 References 146 4.4.5 List of interlocutors 148 4.5 The Gambia 149 4.5.1 Migration trends 149 4.5.2 Migration policy 151 4.5.3 International, regional, and bilateral cooperation 158 4.5.4 References 160 4.5.5 List of interlocutors 162 4.6 Ghana 163 4.6.1 Migration trends 163 4.6.2 Migration policy 166 4.6.3 International, regional, and bilateral cooperation 176 4.6.4 References 178 4.6.5 List of interlocutors 180 4.7 Guinea 181 4.7.1 Migration trends 181 4.7.2 Migration policy 183 4.7.3 International, regional, and bilateral cooperation 188 4.7.4 References 190 4.7.5 List of interlocutors 191 4.8 Guinea-Bissau 192 4.8.1 Migration trends 192 4.8.2 Migration policy 196 4.8.3 International, regional, and bilateral cooperation 202 4.8.4 References 203 4.8.5 List of interlocutors 205 4.9 Liberia 206 4.9.1 Migration trends 206 4.9.2 Migration policy 209 4.9.3 International, regional, and bilateral cooperation 216 4.9.4 References 218 4.9.5 List of interlocutors 220 4.10 Mali 221 4.10.1 Migration trends 221 4.10.2 Migration policy 224 4.10.3 International, regional, and bilateral cooperation 234 Contents | 7 4.10.4 References 237 4.10.5 List of interlocutors 239 4.11 Niger 240 4.11.1 Migration trends 240 4.11.2