COMMISSION DE LA CEDEAO ECOWAS COMMISSION

ECOWAS JOINT APPROACH ON MIGRATION

Experts meeting

Dakar, 11 – 12 April 2007

1 2 Table of contents

INTRODUCTION ...... 5

I. ECOWAS JOINT APPROACH ON MIGRATION ...... 5

1.1 The Institutional Framework ...... 5

1.2 The Principles ...... 6 1) Free movement of persons within the ECOWAS zone is one of the fundamental priorities of political integration of ECOWAS member States...... 6 2) Legal migration towards other regions of the world contributes to ECOWAS member States‟ development...... 6 3) Combating human trafficking is a moral and humanitarian imperative of ECOWAS member States...... 6 4) Harmonising policies...... 6

II. MIGRATION AND DEVELOPMENT ACTION PLANS ...... 7

2.1 Actions promoting free movement within the ECOWAS zone ...... 7 Implementation of the Protocol on Free Movement of Persons, the Right of Residence and Establishment ...... 7 The setting up of a cross-border cooperation regional fund ...... 7 A regional territorial planning strategy ...... 7

2.2 Actions to improve the management of legal migration ...... 8 Implementation of pilot experiences at the national and regional levels ...... 8 Measures favouring students ...... 8 Measures favouring Diasporas ...... 8

2.3 Actions for policy coherence ...... 8 Setting up a system monitoring migration and migration policies ...... 8 Harmonise policies related to migration and development ...... 9

2.4 Actions for controlling illegal migration and human trafficking ...... 9 Strengthening the dialogue framework between ECOWAS, host countries and transit countries ...... 9 Strengthening border control capacity ...... 9 Strengthening the protection and assistance system for victims of human trafficking . 10

III. ANNEXES ...... 10

3.1 Articles 8 and 13, Partnership Agreement ACP-EC, Cotonou 23 June 2000, revised in 2005 ...... 10 ARTICLE 8: Political dialogue ...... 10 ARTICLE 13: Migration ...... 11

3.2 Euro-African Partnership for migration and development, RABAT (Original in French), 10-11 juillet 2006 ...... 12 Declaration ...... 12 Action plan ...... 15

3.3 Joint Africa - EU declaration on migration and development, Tripoli, 22-23 novembre 2006 ...... 20

3 4 INTRODUCTION

ECOWAS member States launched a process to establish a regional economic zone that would facilitate the integration of West Africa‟s economy and people into the globalisation process. In 1979 its member States adopted a Protocol on Free Movement of Persons, the Right of Residence and Establishment. The Protocol, along with the supplementary texts later added, testifies to member countries‟ determination to place the free intra-regional movement of persons at the heart of West Africa‟s integration process.

Almost forty years later, West African citizens are among the world‟s most mobile populations. Calculations based on population censuses indicate that the region‟s countries harbour approximately 7.5 million migrants from other West African countries – i.e. almost 3% of the regional population.

From the West African viewpoint, four questions should be addressed:

 How can the benefits of intra-regional mobility be optimised and how can free movement within the ECOWAS zone be guaranteed?  How can mobility be supported and local development in departure zones and other potential host areas be encouraged?  How can legal migration towards third countries be optimised, notably in Europe, North America, within the rest of Africa and the world?  How can illegal and clandestine migration be brought under control?

The 30th Ordinary ECOWAS Heads of State and Government Summit was held in Abuja in June 2006. Fully aware of the migration issues, the ECOWAS Commission was provided with the mandate to define a joint regional approach on migration. Meeting in Ouagadougou on 20 December 2006, the ECOWAS Mediation and Security Council reaffirmed this priority, requesting the Commission President to: “pursue the consultative process for the definition of a common approach to the management of intra-regional migration and migration to Europe in all its aspects”.

Undertaking this mandate, the ECOWAS Commission initiated a strategic thinking process with a view to defining a joint regional approach on migration.

I. ECOWAS JOINT APPROACH ON MIGRATION

1.1 The Institutional Framework

ECOWAS member States carry out their actions within the framework of the revised ECOWAS Treaty and more particularly Article 59: “Citizens of the community shall have the right of entry, residence and establishment and Member States undertake to recognise these rights of Community citizens in their territories in accordance with the provisions of the Protocols relating thereto.”

Member States also adhere to:

 The United Nations General Assembly Resolution No. 60/227 on International Migration and Development of 7 April 2006;  The International Convention on the Protection of the Rights of All Migrant Workers and members of their families which entered into force in July 2003;

5  The political dialogue between the EU and ACP countries as set out in Articles 8 and 13 of the Cotonou Agreement;  The Action Plans defined in Rabat;  The Tripoli Declaration.

Some of these texts are annexed hereto.

1.2 The Principles

1) Free movement of persons within the ECOWAS zone is one of the fundamental priorities of political integration of ECOWAS member States.

Mobility within the ECOWAS zone is a vital component of regional construction which is itself a prerequisite for the West African economy‟s successful integration into the globalisation process and the implementation of the Economic Partnership Agreement with the European Union.

Furthermore, there is a well-defined relationship between the fluidity of the ECOWAS regional area and migratory pressure towards the North. The more fluid the regional area, to the benefit of the concerned States, the lesser the attraction of the outside world.

2) Legal migration towards other regions of the world contributes to ECOWAS member States’ development.

ECOWAS member countries reaffirmed the principle put forward during the Rabat and Tripoli Conferences, according to which international migration impacts positively on both the host and home country when they are well-managed. They reiterated that within every region of the world, at one time or another in their history, resorting to migration was an integral part of their development process. In 2005, 56% of West Africa‟s population was below 20 years of age and 65% were under 25 years old, while in Europe these shares represented 23% and 30% respectively. In this context, ECOWAS member countries believe that West African youth wanting to emigrate should have fair access to other regions of the world in accordance with their labour market requirements.

3) Combating human trafficking is a moral and humanitarian imperative of ECOWAS member States.

ECOWAS member States reaffirmed their willingness to combat all entities, in the North and South, which promote the recruitment, transportation and exploitation of illegal migrants.

4) Harmonising policies.

ECOWAS member States are aiming to develop a process that would ensure policy coherence at two levels:

 In accordance with Article 84 of the revised Treaty, harmonise bilateral agreements linking different ECOWAS member States and third countries, with ECOWAS community laws and protocols; in particular other agreements involving free movement.  Harmonisation of economic, trade and development aid policies of the North with migratory policies of said countries.

6 II. MIGRATION AND DEVELOPMENT ACTION PLANS

ECOWAS member States, relying on the orientations of the Tripoli Declaration, establish a direct link between migration and development. Consequently, the link between migration and development should be conveyed in a parallel approach to these two components and by striving continuously to harmonise policies related to one another.

Suggestions set out in the action plan described below are indivisible from one another.

2.1 Actions promoting free movement within the ECOWAS zone

Implementation of the Protocol on Free Movement of Persons, the Right of Residence and Establishment

 Ensuring the issuance and securement of ECOWAS travel documents.  Organising technical and administrative training programmes as well as awareness building and educational campaigns on the rights and obligations of the community‟s citizens among officials in charge of migration and populations.  Harmonising labour laws related to professional occupations, in accordance with the Protocol‟s clauses on the right of establishment for professional purposes.

The setting up of a cross-border cooperation regional fund

In order to promote mobility within the ECOWAS zone, it is important to give particular attention to border and cross-border areas. ECOWAS member States thus recommend making a Cross-border Cooperation Regional Fund operational that will enable:

 Facilitating free movement through concrete actions such as the setting up of joint border posts, border markets, joint health centres, shared schools, etc.  Supporting border populations through development actions geared towards the poorest, most marginalised populations,  Developing good neighbourly relations rooted in realities on the ground among ECOWAS member countries and between the ECOWAS zone and its neighbours.

A regional territorial planning strategy

The West African territory is vast, but its development potential is far from fully exploited. Many areas still remain relatively unpopulated, although they present considerable agricultural potential and a network of dynamic secondary towns; these zones could host a sizable population. Naturally disadvantaged areas are population departure zones where the potential could also be improved. All these zones are areas shared by several countries.

ECOWAS member States together have a joint regional territorial planning strategy, both rural and urban. This strategy aims to develop new growth and development areas as well as provide more disadvantaged zones (in particular Sahelian and border zones) with well- needed equipment, infrastructure and other means for development.

Member States have provided the ECOWAS Commission with a mandate to define and implement this strategy.

7 2.2 Actions to improve the management of legal migration

Implementation of pilot experiences at the national and regional levels

 Develop pilot information, orientation and support projects for potential migrants, in accordance with employment opportunities in other migratory regions, especially Europe, in close collaboration with the diplomatic representatives of the concerned countries.  Develop pilot, host, orientation, and support projects for returning migrants.  Strengthen ECOWAS analytical capacities and share good practices relative to these pilot projects with the regional level.

Measures favouring students

 Foster West African students‟ access to universities, institutes and African, North American European, Asian and other professional institutes;  Facilitate students‟ return to their country of origin at the end of their studies;  Conclude young professional exchange agreements in order to improve their linguistic and professional knowledge and acquire salaried work experience in another country, and define measures to ensure the return of these immigrants to their countries of origin at the end of their stay;  Develop partnerships between West African scientific and technical institutions and the rest of the world;  Broaden the range of university and technical courses offered in coordination taking into account the job market needs (public and private);  Create or strengthen entrepreneurship training and excellence centres and business development support structures.

Measures favouring Diasporas

ECOWAS member States are carrying out joint strategic thinking on the valorisation of expertise and financial resources of West African Diasporas with a view to minimising negative effects of the brain drain.

To this end, they have provided the ECOWAS Commission with a mandate to carry out a review of good practices and propose joint measures notably with regard to the facilitation of financial transfers and investments in the region as well as supporting the Diaspora‟s involvement in development projects.

2.3 Actions for policy coherence

Setting up a system monitoring migration and migration policies

Setting up a system to monitor the migration phenomenon. Monitoring should cover:

 Migratory flows inside and outside the ECOWAS region  Factors triggering migration to other regions and intra-regional mobility  The evolution of social indicators within the different ECOWAS zones in order to enable the establishment of investment policies.

8 Harmonise policies related to migration and development

ECOWAS member States are convinced of the need to jointly define with their partners the following measures:

 Considering the reduction and looting of halieutic resources, which have a direct impact on youth employment in the fisheries sector, ECOWAS recommends studying the possibility of broadening the capacities of monitoring mechanisms and combating clandestine migration via sea, to illegal fishing in territorial West African waters destined for the European market. It recommends media coverage of this initiative underlining the complementary between combating clandestine migration and illegal fishing.  More generally, ECOWAS recommends studying the link between subsidised or used West African products which obliterate employment in the region and migratory problems.

2.4 Actions for controlling illegal migration and human trafficking

 Information and awareness campaigns for potential migrants on the dangers of illegal migration and smuggling networks;  Cooperation between ECOWAS member States with regard to controlling clandestine migration and dismantling the mafia-like networks;  Cooperation between ECOWAS member States with a view to combating clandestine migration and in collaboration with host countries;  Cooperation with host countries to provide logistics and funding for voluntarily returning migrants in transit countries;  Affirmation of the principle of the return of clandestine migrants respecting their dignity and fundamental human rights;  Implementation by ECOWAS member States measures enabling the reinsertion of illegal migrants upon their return;  Development of technical and financial cooperation with ECOWAS member States in the area of managing emergency situations with regard to illegal migration.

Strengthening the dialogue framework between ECOWAS, host countries and transit countries

In view of the numerous challenges related to illegal migration, especially the turning back of migrants often in difficult conditions, human trafficking and illegal migration, human rights of migrants, forced or voluntary returns, it is clear that bilateral agreements concluded by some ECOWAS member States with host countries are not sufficient to address these multi- dimensional problems. ECOWAS member States should strengthen their cooperation with regard to controlling illegal migration within the ECOWAS framework.

Strengthening border control capacity

 Improving the training of ECOWAS member States‟ immigration departments and provide modern ECOWAS travel document checking equipment;  Setting up a shared digitised database in ECOWAS member States‟ immigration departments to effectively combat illegal immigration;  Establishing an ECOWAS early warning system with a view for it to be a tool enabling the precursory signs warning of potential illegal immigration as well as activities by criminal trafficking organisations.

9 Strengthening the protection and assistance system for victims of human trafficking

 Strengthening cooperation between ECOWAS member States in the judicial and police sectors against human trafficking and clandestine immigration channels;  Identifying and strengthening cooperation mechanisms and, if necessary, joint action between countries of origin, transit and destination, including maritime, land and air cooperation for dismantling criminal organisations in order to check trafficking across national borders;  Encouraging ECOWAS member States to ratify and increasingly resort to the mechanisms stipulated by the United Nations Convention against Transnational Organised Crime (Palermo, Italy, December 2000) and its Protocols;  Setting up projects to help and promote the rehabilitation of human trafficking victims in collaboration with external partners.

III. ANNEXES

3.1 Articles 8 and 13, Partnership Agreement ACP-EC, Cotonou 23 June 2000, revised in 2005

The two Articles are part of the general provisions set out in the Agreement, under Title II: the Political Dimension. Article 8 focuses on the establishment of regular political dialogue and Article 13 addresses more specifically the issue of migration.

ARTICLE 8: Political dialogue 1. The Parties shall regularly engage in a comprehensive, balanced and deep political dialogue leading to commitments on both sides.

2. The objective of this dialogue shall be to exchange information, to foster mutual understanding, and to facilitate the establishment of agreed priorities and shared agendas, in particular by recognising existing links between the different aspects of the relations between the Parties and the various areas of cooperation as laid down in this Agreement. The dialogue shall facilitate consultations between the Parties within international fora. The objectives of the dialogue shall also include preventing situations arising in which one Party might deem it necessary to have recourse to the consultation procedures envisaged in Articles 96 and 97.

3. The dialogue shall cover all the aims and objectives laid down in this Agreement as well as all questions of common, general, regional or sub regional interest. Through dialogue, the Parties shall contribute to peace, security and stability and promote a stable and democratic political environment. It shall encompass cooperation strategies as well as global and sectoral policies, including environment, gender, migration and questions related to the cultural heritage.

4. The dialogue shall focus, inter alia, on specific political issues of mutual concern or of general significance for the attainment of the objectives of this Agreement, such as the arms trade, excessive military expenditure, drugs and organised crime, or ethnic, religious or racial discrimination. The dialogue shall also encompass a regular assessment of the developments concerning the respect for human rights, democratic principles, the rule of law and good governance.

10 5. Broadly based policies to promote peace and to prevent, manage and resolve violent conflicts shall play a prominent role in this dialogue, as shall the need to take full account of the objective of peace and democratic stability in the definition of priority areas of cooperation.

6. The dialogue shall be conducted in a flexible manner. Dialogue shall be formal or informal according to the need, and conducted within and outside the institutional framework, including the ACP Group, the Joint parliamentary Assembly, in the appropriate format, and at the appropriate level including regional, sub-regional or national level.

6a. Where appropriate, and in order to prevent situations arising in which one Party might deem it necessary to have recourse to the consultation procedure foreseen in Article 96, dialogue covering the essential elements shall be systematic and formalised in accordance with the modalities set out in Annex VII.

7. Regional and sub-regional organizations as well as representatives of civil society organisations shall be associated with this dialogue.

ARTICLE 13: Migration 1. The issue of migration shall be the subject of in depth dialogue in the framework of the ACP-EU Partnership. The Parties reaffirm their existing obligations and commitments in international law to ensure respect for human rights and to eliminate all forms of discrimination based particularly on origin, sex, race, language and religion.

2. The Parties agree to consider that a partnership implies, with relation to migration, fair treatment of third country nationals who reside legally on their territories, integration policy aiming at granting them rights and obligations comparable to those of their citizens, enhancing non discrimination in economic, social and cultural life and developing measures against racism and xenophobia.

3. The treatment accorded by each Member State to workers of ACP countries legally employed in its territory, shall be free from any discrimination based on nationality, as regards working conditions, remuneration and dismissal, relative to its own nationals. Further in this regard, each ACP State shall accord comparable non discriminatory treatment to workers who are nationals of a Member State.

4. The Parties consider that strategies aiming at reducing poverty, improving living and working conditions, creating employment and developing training contribute in the long term to normalizing migratory flows.

The Parties will take account, in the framework of development strategies and national and regional programming, of structural constraints associated with migratory flows with the purpose of supporting the economic and social development of the regions from which migrants originate and of reducing poverty.

The Community shall support, through national and regional Cooperation programmes, the training of ACP nationals in their country of origin, in another ACP country or in a Member State of the European Union. As regards training in a Member State, the Parties shall ensure that such action is geared towards the vocational integration of ACP nationals in their countries of origin.

The Parties shall develop cooperation programmes to facilitate the access of students from ACP States to education, in particular through the use of new communication technologies.

11 5. a) In the framework of the political dialogue the Council of Ministers shall examine issues arising from illegal immigration with a view to establishing, where appropriate, the means for a prevention policy. b) In this context the Parties agree in particular to ensure that the rights and dignity of individuals are respected in any procedure initiated to return illegal immigrants to their countries of origin. In this connection the authorities concerned shall extend to them the administrative facilities necessary for their return. c) The Parties further agree that:

i) - each Member State of the European Union shall accept the return of and readmission of any of its nationals who are illegally present on the territory of an ACP State, at that State‟s request and without further formalities; - each of the ACP States shall accept the return of and readmission of any of its nationals who are illegally present on the territory of a Member State of the European Union, at that Member State‟s request and without further formalities.

The Member States and the ACP States will provide their nationals with appropriate identity documents for such purposes.

In respect of the Member States of the European Union, the obligations in this paragraph apply only in respect of those persons who are to be considered their nationals for the Community purposes in accordance with Declaration No 2 to the Treaty establishing the European Community.

In respect of ACP States, the obligations in this paragraph apply only in respect of those persons who are considered as their nationals in accordance with their respective legal system.

ii) at the request of a Party, negotiations shall be initiated with ACP States aiming at concluding in good faith and with due regard for the relevant rules of international law, bilateral agreements governing specific obligations for the readmission and return of their nationals. These agreements shall also cover, if deemed necessary by any of the Parties, arrangements for the readmission of third country nationals and stateless persons. Such agreements will lay down the details about the categories of persons covered by these arrangements as well as the modalities of their readmission and return.

Adequate assistance to implement these agreements will be provided to the ACP States.

iii) for the purposes of this point (c), the term “Parties” shall refer to the Community, any of its Member States and any ACP State.

3.2 Euro-African Partnership for migration and development, RABAT (Original in French), 10-11 juillet 2006

Declaration We, Ministers for Foreign Affairs, Ministers responsible of Migration and Development and other representatives from partner countries: Austria, Belgium, Benin, Bulgaria, Burkina Faso, Cameroon, Cap Verde, Central African Republic, Chad, Congo, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guinea-Bissau, Guinea, Guinea Equatorial, Hungary, Iceland, Ireland, Italy, Ivory Coast,

12 Latvia, Liberia, Libya, Lithuania, Luxemburg, Mali, Malta, Mauritania, Netherlands, Niger, Nigeria, Norway, Poland, Portugal, Republic of Congo, Romania, Senegal, Sierra Leone, Slovakia, Slovenia, Spain, Sweden, Switzerland, Togo, Tunisia, and the United Kingdom and the European Commission ;

Gathered, following the Kingdom of Morocco's invitation, on July 10th and 11th 2006 in Rabat, in the framework of the Ministerial Euro-African Conference on Migration and Development;

Thanked the Kingdom of Morocco, as host country, for the excellent organisation of the Conference and for its hospitality, as well as for its active participation and joint initiative with Spain and France;

Expressed their consideration to the Republic of Senegal for its active commitment, in particular for the excellent organisation of preparatory meetings in Dakar;

Thanked all the countries which have contributed to the draft of the Action and of the Final Declaration;

Thanked as well the regional and international organisations present during the Conference;

Aware that the destinies of our countries are linked and that only the development of an effective, rapid and tangible solidarity embodying both the imperatives of sustainable development and security for all will be able to offer a lasting answer to the management of migratory flows;

Convinced that international migration has a positive effect on the host country and on the country of origin when such flows are well managed;

Conscious that the management of migratory flows cannot be achieved through control measures only, but also require a concerted action on the root causes of migration, in particular through the implementation of development projects in Africa ;

Affirming that effective action must be taken against illegal migration, smuggling of and trafficking in human beings, in the framework of a viable and united partnership, whilst respecting the fundamental rights and dignity of migrants ;

Aware of the need to provide adequate international protection in accordance with the international obligations of the partner countries;

Aware that it is necessary to make better use of the potential of migration as a factor for the development, modernisation and innovation of the societies of origin, transit and the host societies;

Convinced that migratory flows are fed by powerful structural factors operating in the societies of origin, transit and the host societies, and that they have predominantly economic and social causes ;

Concerned by the phenomenon of brain-drain which holds back the development of countries of origin by depriving them of quality skills, leadership and experienced workers;

Reaffirming that the management of these flows requires a coherent response that addresses, in a comprehensive and balanced way, the different aspects and various phases of the migratory process as a whole, in the context of an approach involving countries of origin, transit and destination ;

13 We commit to creating and developing a close partnership between our respective countries so as to work together, following a comprehensive, balanced, pragmatic and operational approach, and respecting the rights and dignity of migrants and refugees, as regards the phenomenon of migratory routes that affect our peoples. a. This partnership between the countries of origin, transit and destination aims to offer a concrete and appropriate response to the fundamental issue of controlling migratory flows and is based on the strong conviction that the management of migration between Africa and Europe must be carried out within the context of a partnership to combat poverty and promote sustainable development and co-development. b. In order to strengthen an environment favorable to development, it is necessary to promote good governance, people-to-people exchange, trade and to promote peace and stability and the coherence of international policies. c. The partnership instituted by this Declaration sets out to manage the migratory flows between countries of origin, transit and destination, in an optimum fashion and in a spirit of shared responsibility. d. In addition to structural development issues, this partnership will also address the migratory phenomenon from all points of view deemed relevant by the partner countries, such as:

 Making better use of the potential of legal migration and its beneficial effects on the development of countries of origin and host countries,  Enhancing the capacity of countries of origin and transit and destination to manage migratory flows in their entirety,  Developing awareness campaigns,  Facilitating the movement of workers and people,  Implementing an active policy of integration for legal migrants and combating exclusion, xenophobia and racism,  Controlling borders, and  Fighting against illegal migration, including readmission of illegal migrants, and trafficking in human beings. e. This partnership will be pragmatic and operational, as demonstrated by the concrete translation of all these elements into an Action Plan which has been agreed by all the participants and is annexed to this Declaration.

Commit, fully aware of our responsibilities for "Cooperation in terms of Development" and “Cooperation in managing migratory flows,” having regard to the urgency of the situation, to start integrating measures consistent with the Action Plan in our policies and actions in these areas, whilst preserving its comprehensive and balanced nature.

With this in view and in regard to the follow-up, we charge our Senior Officials with making an initial assessment of the implementation of the Action and proposing a date for a second Ministerial Conference, in two years time at the latest.

We commit to encourage and deepen the political and operational dialogue between the European Union and Africa on migration and development by: a. Deepening the political dialogue on a continental scale and the holding of a Europe-Africa Ministerial Conference on “Migration and Development”, on the model of the Cairo Summit held on the 3 and 4 April 2000. In this respect, we welcome the offer from Libya to host this Conference in Tripoli before the end of 2006, as a contribution towards a Joint Strategy and to the II EU-Africa Summit, to be held in Lisbon as soon as possible;

14 b. Bearing in mind the interrelationship between many migratory routes, encourage the relevant countries and organisations in Africa and Europe to adhere to the concepts of the Rabat Conference; c. Intensifying bilateral dialogue on migratory questions between the different countries of origin and transit with the European Union and its Member States, including in the framework of Article 13 of the Cotonou Agreement;

Invite regional and international organisations, as they have an important role to play in the follow up and implementation of the Action Plan, to contribute and to support the participating States in setting in place and implementing the Action Plan, especially its development dimension.

We will present, in the framework of the United Nations High Level Dialogue, the approach, conclusions and Action Plan of this Conference as a pragmatic and operational contribution to the process of addressing together the regulation of migration flows.

Adopted in Rabat, 11 July 2006.

Action plan The Euro-African conference must result in the adoption of concrete measures, to be executed in the short and medium term, bearing in mind that this process is part of a long term approach. Only a pragmatic and ambitious action plan, commensurate to the scope reached by the migration phenomenon, can bring about the appropriate response. It is important to undertake swift and concrete actions in order to respond to this urgent situation and to give greater visibility and credibility to the new dynamic born from the organization of this Conference. To be efficient, these measures need to be based on the principles of ownership and adherence as well as on the partnership forged between the countries and partners gathered by this conference. These measures should namely serve to guide the relations between these countries in matters concerning migration and development, while remaining respectful of their specificities. By its horizontal and operational approach, as well as its partnership dimension, the dialogue on Article 13 of the Cotonou Agreement constitutes an indispensable reference.

This initiative is the first stage of a process that includes the organization of future complementary initiatives which will focus on other migratory routes in Africa and in Europe as well as a continental approach. It is also an important stage in the preparation of the High Level dialogue in New York this September.

Partners are invited to consider the Action plan in the context of their dialogue and to explore the feasibility of implementing the measures it contains. All implementation must fully respect human dignity and the fundamental rights of migrants and of refugees.

1. Migration and Development

The Promotion of Development: a. Improving economic cooperation, the development of trade, socio-economic development and conflict prevention in order to promote economic prosperity in the countries concerned and thereby respond to the root causes of irregular migratory flows1; b. Promoting migration as a positive factor for development by encouraging concrete measures contributing to the reduction of poverty2. Integrating such measures, as well as other measures linked to migration, to development policies and programs, in partnership with partners concerned;

1 Conclusion of the Sevilla Council, June 2002. 2 European Consensus on Development‟, December 2005.

15 c. Promoting regional integration (ECOWAS, CEN-SAD, CEMAC, UMA) as a means for stimulating economic growth and fighting against poverty; d. Identifying and implementing, in the framework of national and regional approaches to development, cooperation projects in particular fields which generate employment (agriculture, craft industry, tourism, fisheries...), in particular in areas with high levels of migration and especially between countries of northern, western and central Africa; e. Developing and intensifying tripartite cooperation between member states of the European Union, North, West and Central African countries; f. Granting technical assistance to migrants wishing to develop entrepreneurial projects in their countries of origin, namely in the framework of the EU-ACP Centre for the development of enterprises (CDE); g. Reducing – by working with banking and mutuality institutions as well as transfer operators – the costs of savings transfers of migrants to their countries of origin while respecting the private nature of remittances, reinforcing their potential for development and ensuring they are as productive as possible; h. Supporting the creation of a euro-african economic and business forum to encourage the sharing of knowledge and resources as well as to ensure the specific needs relative to the development of SMEs and the exportation of African goods; i. Supporting the creation of a Euro-African professional network representing various disciplines and aiming to contribute to Africa's economic and social development; j. Building european and african partnerships that bring together cities, municipalities, companies and industries; k. Accompanying NGOs working for the co-development of African countries, namely in those regions with the strongest migratory pressures; l. Spreading out co-development projects to cover migratory routes as a whole – based on relevant experiences carried out in countries such as Morocco, Mali and Senegal – in order to set up a dense network allowing for the combination of geographic and thematic actions.

Considering the establishment of financial instruments favorable to codevelopment: a. Supporting the creation of financial mechanisms in favor of migrants residing legally in Europe, aiming to co-finance their investment projects in their countries of origin or to give them guaranties in association, where appropriate, with local authorities ; b. Supporting the implementation of collective funding instruments in the countries concerned, with the participation of migrants in host countries; c. Participating in intervention funds which support local development in areas strongly touched by rural exodus.

Development of knowledge and know-how and of measures aiming to guarantee that sufficient skills are available for the development of African countries: a. Favoring the apprenticeship of skills by broadening the access of African students to universities, institutes and top educational institutions in Africa and Europe; b. Defining measures to avoid the brain drain phenomenon and to facilitate the return of students in their countries of origin at the end of their studies; c. Putting in place an incentives policy for the return of African students to be allied with a seduction policy of european and african universities, namely through the creation of “Regional centers of excellence” in the south and the support of the existing centers;

16 d. Concluding exchange agreements to allow young professionals to perfect their linguistic and professional skills, as well as to gain a paid work experience in another country; and defining measures to ensure the return of these migrants in their countries of origin at the end of their stay; e. Facilitating the access to new information and communication technologies; f. Developing pairing and partnerships between western and central African countries and European countries so as to finance and develop training courses for young professionals and trainers.

Developing partnerships between technical and scientific institutions: a. Facilitating the access of researchers to scientific networks; b. Developing "shared work systems" for scientists, researchers, doctors, technicians and other African professionals; c. Facilitate the networking of researchers working within the European Union with their colleagues in Africa, in priority with those who work in areas that have a direct interest for countries of the African continent and their research institutions.

Strengthening cooperation in terms of professional training: a. Widening the range of university networks and the techniques they offer, in coordination with the needs of the private sector in European and African markets; b. Creating or strengthening centers of entrepreneurial excellence and training and the support structures for business development, namely in the framework of the EU-ACP Center for the development of enterprises (CDE); c. Developing twining and partnerships between schools, universities, hospitals and research centers of northern, western and central Africa and Europe ; d. Facilitating the mobility of students between Europe in Africa, namely by the implementation of Nyerere and Nyerere/Erasmus Mundus programs.

2. Legal migration

Setting up cooperation programs for the management of legal migration: a. Reinforcing the (human, legal, institutional, statistical) administrative services responsible for migration so as to enable them, amongst others, to provide information to potential migrants on available channels for legal migration; b. Ensuring that migrants are offered before they leave their country of origin training that facilitates their insertion into the host country, as well as general knowledge on the values and language of the host country and the rights and duties afforded to them by law ; c. Promoting the reception of migrants in the destination countries in order to facilitate their integration process (language courses, orientation courses, etc.); d. Promoting the access for regular migrants to education and training mechanisms in destination countries to favor a better socio-professional insertion; e. Supporting ways of fighting discrimination; f. Engaging in a joint reflection on the transfer of migrants pension rights.

17 Adoption of measures facilitating the circulation of workers and people: a. Facilitating and simplifying, on a bilateral and voluntary basis and taking into account the needs of labour markets, legal migration procedures for skilled and unskilled workers, in order to improve legal channels for migration; b. Improving information on the needs of the European and African labour markets and the entry requirements to the labour markets of EU member states; c. Encouraging and supporting the development of intermediation mechanisms to allow a rational management of 'professional mobility', taking into account the concordance between supply and demand; d. Discussing simplified procedures for certain categories of people (students, researchers, businessmen, merchants, craftsmen, artists, athletes …); e. Supporting the implementation of an intra-community policy of free movement of people within sub-regional organisations for economic integration, while ensuring for sufficient guarantees against irregular flows and human trafficking (travel documents, border control, police and customs cooperation, cooperation for the return of persons...) ; f. Promoting means to facilitate circular and temporary migration between countries of origin and destination taking into account the needs of the labour markets; g. Optimizing the existing Agreements between partners relating to labour force and employment.

3. Illegal immigration

Cooperation in the fight against illegal immigration: a. Cooperating logistically and financially for the voluntary return of migrants in transit countries; b. Setting up, while respecting human dignity and the fundamental rights of people, efficient readmission systems between all concerned countries, in particular through the effective implementation of the relevant provisions of Article 13 of the Cotonou Agreement and the conclusion of the readmission Agreements between, on the one hand, North, West and Central African countries and, on the other hand, the European community or one of its Member states and North, West and Central African countries; c. Technical and logistical support for the identification of the illegal migrants nationality; d. Facilitating the re-integration of irregular migrants who have returned to their home country; e. Launching information campaigns sensitizing potential migrants on the risks of illegal immigration; f. Making available financial resources to support transit and origin countries facing emergency situations concerning illegal migration.

Reinforcement of the national border control capacity of countries of transit and departure: a. Improving the training of relevant services and the equipment used in transborder operational cooperation; b. Cooperating in the aim of providing concerned countries with a computerized database destined to fighting efficiently against irregular migration;

18 c. Cooperating in the aim of putting in place an early warning system, inspired by the European model, in order to allow the immediate transmission of precursory signals warning of a potential clandestine immigration, as well as activities orchestrated by smugglers‟ criminal organizations.

4. Operational police and judicial cooperation and assistance for victims a. Strengthening judicial and police cooperation relating to the fight against human trafficking and the dismantling of illegal immigration networks ; b. Identifying and strengthening cooperation mechanisms and, where appropriate, joint actions, including maritime, terrestrial and aerial cooperation, between countries of origin, transit and destination so as to dismantle the criminal organizations that control the trafficking that occurs across national borders; c. In this field, ratifying and increasingly appealing to mechanisms provided for in the UN Convention against transnational organized crime (New York, USA, November 2000) and its protocols; d. Implementing the Ouagadougou Action Plan (for the fight against human trafficking, particularly that of women and children – 28 November 2002); e. Setting up projects intended to help and to facilitate the reinsertion of victims of human trafficking;

5. Financing

Setting up appropriate financing mechanisms a. Evaluating and optimizing the existing funds and institutional mechanisms, without bearing prejudice to the budgetary frameworks already existing, and implementing, if necessary and possible, specific and relevant mechanisms in order to put in place the concrete measures identified during the conference; b. Financing of the actions retained shall be through appeals to the following sources:

o European Union o Partner states o Other organs or international institutions.

6. Institutional and follow up framework a. Setting up a follow-up Committee so as to ensure the relevance and proper implementation of the action plan, namely contributing to the coherence of the actions undertaken by the number of concerned consultation policies and foras (e.g., the 5+5, ECOWAS, EUROMED, etc.); b. Setting up operational cooperation mechanisms between countries of origin, transit and destination; c. Supporting the creation of a Euro-African immigration observatory so as to allow a better understanding and regulation of migration flows, as well as to better respond to challenges pertaining to the management of irregular migration flows and the fight against the various forms of trafficking associated with the migration problematic; d. Planning for evaluation clauses in order to verify that the financial aid or the cooperation undertaken are respectful of the obligations and engagements taken by each and everyone; e. Planning for, when necessary, the setting up of specialized technical groups for the examination of certain specific aspects.

19 3.3 Joint Africa - EU declaration on migration and development, Tripoli, 22-23 novembre 2006

MINISTERS FOR FOREIGN AFFAIRS, MINISTERS RESPONSIBLE FOR MIGRATION AND MINISTERS RESPONSIBLE FOR DEVELOPMENT FROM AFRICA AND EU MEMBER STATES AND AU AND EC COMMISSIONERS AND OTHER REPRESENTATIVES GATHERED IN TRIPOLI AT THE KIND INVITATION OF THE GREAT SOCIALIST PEOPLE‟S LIBYAN ARAB JAMAHIRIYA FROM 22-23 NOVEMBER 2006,

RECOGNISING that the fundamental causes of migration within and from Africa are poverty and underdevelopment, aggravated by demographic and economic imbalances, unequal terms of global trade, conflicts, environmental factors, poor governance, uneven impact of globalisation and humanitarian disasters;

ACKNOWLEDGING that migratory movements occur essentially within Africa and also towards developed countries and that every country has become either a country of origin, transit or destination or a combination of the three;

EMPHASISING the need to work together in the spirit of mutual partnership for better management of migration for our two continents in a comprehensive, integrated and holistic manner;

RECOGNISING that the effective protection of the rights of migrants, including those of female migrants and children is one of the major components of managing migration which requires stringent application of the relevant provisions of the human rights instruments, particularly those relating to migrants and that management of illegal or irregular migration should not compromise human rights;

EMPHASISING the need to ensure effective protection for refugees and internally displaced persons, including due access to asylum processes;

RECOGNISING that illegal or irregular migration cannot be addressed by security considerations only but should be based on broader development frameworks and on mainstreaming migration in development strategies;

REAFFIRMING that the prevention and control of illegal and irregular migration must be strengthened in a cooperative and comprehensive way and that all EU and African countries have a duty to cooperate fully;

AGREEING that well-managed migration can promote closer ties between countries of origin, transit and destination, help meet existing and future labour needs and contribute to the development of all countries;

AGREEING that well-managed migration is of benefit to both Africa and the EU and, within the wider EU-African partnership, can help with the achievement of the Millennium Development Goals;

RECOGNISING that approaching migration as a common challenge for Europe and Africa, for which solutions can best be found together and also that meeting the concerns and interests of countries of origin, transit and destination alike, as well as the migrants themselves is an essential part of migration management;

RECOGNISING that selective migration approaches in developed countries could constitute an additional threat to African social and economic development and

CONCERNED about the loss of heavy investments made by African Governments in training and human resource development in priority sectors and the negative impact of the brain drain on these sectors;

20 UNDERLINING the necessity to encourage skilled workers to remain in Africa in order to contribute to the attainment of the Millennium Development Goals (MDGs);

BEARING IN MIND that pro-poor economic growth through productive investments, trade, employment, labour migration and effective social and economic policies can help reduce migration;

CONSCIOUS of the huge economic developmental potential which exists in Africa particularly in the agricultural, industrial and service sectors;

UNDERSCORING the importance of various African development initiatives such as AU‟s NEPAD programmes which contribute to the solution of many of the root causes of migration, in promoting socio-economic development (human resource development including reversing the brain drain), good governance and the Ouagadougou Extra-ordinary Summit Declaration and Plan of Action on Employment and Poverty Alleviation;

RECALLING commitments made by the EU and its Member States towards Africa‟s development in general and towards Africa‟s capacity to better manage migration for development, including the December 2005 European Council conclusions on the „Global Approach to Migration: Priority actions focusing on Africa and the Mediterranean‟;

UNDERSCORING that African inter-state cooperation and dialogue can strengthen the capacity of States in migration management including the development of common approaches towards harmonisation of policies, laws and strategies on migration;

RECALLING the decision of the 1st Ordinary Session of the AU Executive Council held in July 2002 in Durban, South Africa that called for the involvement of the African Diaspora in the programmes of the Union and

FURTHER RECALLING the July 2003 Maputo Summit decision which amended the Constitutive Act to provide for the participation of the African Diaspora in the building of the AU; RECALLING that the AU Assembly of Heads of State and Government in Khartoum, Sudan from 23-24 January 2006 expressed its concern over the magnitude and impact of migration on development and over the growing number of migrants in Africa and beyond, and the brain drain syndrome, particularly towards the developed countries;

RECALLING the recommendation of the 23rd Assembly of Heads of State and Government of Africa and France in Bamako on 03 and 04 December 2005 inviting Member States to conclude agreements or conventions on border management, residence conditions and the granting of work permits;

RECALLING the commitments such as those announced in the plan of action adopted at the Africa-Europe Summit held in Cairo on 3 and 4 April 2000;

RECALLING the importance that State parties attach to existing agreements for example the Cotonou Agreement and Euro-Mediterranean Agreements.

RECALLING also the importance that State parties attach to UN Conventions and other international instruments such as the UN Convention on the Rights of Migrant Workers and their families;

WELCOMING the African Common Position on Migration and Development adopted in Algiers, Algeria from 3-5 April 2006 to enable Africa to ensure that Africa’s concerns are properly reflected at the Africa/Europe dialogue and other international fora as endorsed by Banjul AU Assembly of July 2006 ;

21 NOTING THE IMPORTANCE OF:

 The outcome of the UN General Assembly High Level Dialogue on Migration and Development;  The outcome of the Euro-Africa Ministerial Conference on Migration and Development held in Rabat on 10-11 July 2006; ·  The EU strategy for Africa adopted in 2005, and the shared commitment to work towards a joint EU-Africa Strategy for Africa;  The shared commitment to convene the 2nd Europe -Africa Summit in Lisbon in 2007; ·  The ongoing Euro-Mediterranean dialogue on Migration and the Ministerial Meeting to be organised in 2007.

HEREBY: Commit to a partnership between countries of origin, transit and destination to better manage migration in a comprehensive, holistic and balanced manner, in a spirit of shared responsibility and cooperation;

Agree that the partnership between the EU and Africa consists of a broad set of political commitments and concrete actions that are based on a common understanding of the opportunities and challenges that migration brings and that appropriate policy responses can best be found together;

And agree to start taking the following measures within the framework of our common efforts, and where in line with national and regional policies, to address, within the framework of partnership for development, the migration phenomenon and the opportunities and challenges posed by it in the following key areas for cooperation:

1. Migration and development

 Considering how migration issues can be made an essential part of poverty reduction strategies (PRSPs) or other national development and co-development strategies of African countries;  Agreeing that well-managed migration can have a positive development impact for countries of origin, transit and destination;  Creating and sustaining societies where citizens, in particular the youth, can build a future;  Considering mechanisms and channels that facilitate circular migration as well as recruitment policies that take into account the specific needs of countries of origin and destination;  Addressing the root causes of migration and refugee flows, including through efforts aimed at eradicating poverty and realising the Millennium Development Goals and NEPAD objectives, focusing especially on improving the living conditions and livelihoods of the poorest, including resolving and preventing conflict;  Encouraging and promoting Foreign Direct Investment in order to generate employment and reduce migration outflow;  Effectively addressing the root causes of migration and notably the lack of employment through better targeted development policies, as well as by ensuring that policies in the area of trade, agriculture and fisheries produce a positive impact on the socio-economic situation of African countries;  Supporting RECs and the process of regional economic cooperation and integration in Africa as one of the effective means of ensuring economic growth and combating poverty;

22  Supporting, as need be, African countries to ensure intra-African freedom of movement of labour and migratory flows in the spirit of the Abuja Treaty;  Facilitating the role of diasporas in order to contribute to the sustainable development of their countries of origin through, for example, supporting Diaspora networks and building the capacity of Diaspora organisations; enabling Africans in the Diaspora, especially those in highly technical fields and high demand, to carry out some of their professional activities in their home countries as well in the entire continent without necessarily needing to give up their employment abroad;  Promoting equal treatment and assistance in the creation and registration of associations by migrant communities in host countries;  Helping set up mechanisms, services and effective financial products to facilitate the transfer of remittances, to reduce the costs of these transfers and to make them conducive to development, bearing in mind the private nature of remittances;  Working towards mutual recognition of academic qualifications and professional certificates through the conclusion of bilateral agreements or by other means;  Ensuring implementation and follow up of the 2004 Ouagadougou Declaration and Plan of Action on Employment and Poverty Alleviation in Africa, and ensuring expert advice to and in support of ongoing developments of regional frameworks for integrated policy programmes in Africa, to address the huge unemployment problem facing most African countries and its attendant consequences of illegal migration, drug abuse, crime and other social repercussions ; and emphasising the need to address issues of unemployment, particularly for youth; underlining the two key priorities for further cooperation on employment and social policy, which have a strong link with migration and development;  Improving African access to European and regional markets inter alia by working towards agreeing Economic Partnership Agreements (EPAs) by 2008, which are instruments of development, promote poverty reduction, reinforce economic integration processes in Africa and Africa's integration in the global economy; redoubling efforts to achieve an EU-Mediterranean Free Trade Area by 2010.

2. Migration management challenges

 Finding concrete solutions to the problems posed by illegal or irregular migratory flows by regulating the influxes of migrants from Africa within the context of genuine partnership that ensures the eradication of poverty, unemployment and diseases thereby achieving comprehensive and sustainable development;  Pursuing a holistic approach, ensuring a balanced response and concerted action in the area of migration;  Providing assistance to African countries for the management of both South-South and South-North migratory movements;  Developing regional initiatives appropriate to different migration routes both within Africa and from Africa to Europe, fostering close links between the respective regional organisations and deepening action as appropriate, as initiated for example by the Rabat conference;  Addressing possibilities of generating policy coherence at international, regional and national levels, e.g. through promoting better integration of the impact of migration into development policies in respect of developing countries, and developmental aspects into migration strategies. Non-state actors at all levels should also be consulted;  Meeting the concerns and interests of countries of origin, transit and destination alike, as well as the migrants themselves;

23  Addressing illegal or irregular migratory flows, which are currently taking serious dimensions that can undermine stability and security and must be adequately addressed through a comprehensive approach;  Creating an enabling environment in the countries of origin through good governance and the respect for the rule of law, elimination of corruption, promotion and protection of human rights.

3. Peace and security

 Agreeing that conflict is a root cause of forced displacement, and that displacement caused by conflict has destabilising effects on national and regional security, with adverse consequences for the ability of host nations to provide protection to refugees and security to their own nationals;  Agreeing that large spontaneous and illegal or irregular migratory flows can have a significant impact on national and international stability and security, including by hindering states‟ abilities to exercise effective control over their borders, and creating tensions between origin, transit and destination countries in Africa and within local host communities;  Strengthening cooperation in crisis management operations and supporting the building of Africa's capacities for conflict prevention, peaceful resolution of conflicts and post-conflict reconstruction, including through implementation of the AU Policy Framework on Post- Conflict Reconstruction and Development with special attention to the situation of women and children;  Providing logistical support to the African Regional and Sub-Regional mechanisms for conflict prevention and consolidation of stability as well as ensuring the flow of funds in a predictable manner, in support of peace-keeping operations, and as a contribution to post-conflict reconstruction.

4. Human resources and brain drain

 Promoting concrete and tailor-made policies and reforms to address skills shortages caused by brain drain;  Supporting programmes which foster the mobility and temporary return of members of the diasporas with the necessary skills in their countries of origin, in order to contribute to capacity building;  Encouraging common innovative instruments to enable countries of origin to benefit fully from skilled African workers based in host countries; o Strengthening African educational systems and adapting them to the needs of each African country; improving the working conditions of researchers (and other teachers) and encouraging the use of local consultants for different development projects;  Encouraging the movement of skilled African labour between host countries and countries of origin through the creation of centres of excellence and partnerships between EU and African institutions;  Exploring options to mitigate the effects of large scale departures of highly skilled African professionals in critical sectors.

5. Concern for human rights and the well-being of the individual

 Protecting the human rights of all migrants, particularly of women and children, including through implementation and non-discriminatory application of core human rights instruments;  Promoting the dissemination of information regarding human rights, especially for women and children;

24  Recognising the usefulness of measures to fight against racism and xenophobia and the need to ensure the respect of the dignity and the protection of the rights to which migrants are entitled under the applicable international law, especially the right to equal treatment based on the principle against discrimination;  Deepening cooperation on issues of the reciprocal integration of legal migrants and recognising the role of national and local authorities in promoting integration activities and exchange of good practices;  Incorporating into all policies and programmes on migration and development the increasing feminisation of migration and the vulnerability of female migrants and children to exploitation and abuse in the migration process and the need to reduce this vulnerability and safeguard their human rights;  Creating measures to prevent abusive practices and to promote decent and productive work for migrants;  Enhancing the role of civil society, especially in promoting integration and employment and preventing discrimination.

6. Sharing best practices

 Supporting one another in capacity-building so as to better manage migration and asylum;  Sharing information and exchanging best practices on the broad migration agenda to the fullest degree possible, in particular via meetings between the EU and the AU, and AU RECs, Commission to Commission meetings, Euro-Med Migration Cooperation and bilateral meetings between EU and African states;  Further developing dialogue in the framework of the Global Forum to be organised as a part of the follow-up to the UN High Level Dialogue on Migration and Development, including further work on migration and development within the UN system;  Establishing a research network that brings together existing research institutions across the different regions of Africa and the EU, in view of creating a migration observatory network so as to better inform policy on migration and development;  Supporting joint research on migration and development, including the collection of statistical data;  Developing twinning arrangements and exchange of personnel between national administrations as well as between the EU and Africa.

7. Regular migration opportunities

 Studying the possibilities of harnessing the benefits of regular migration between countries of origin and countries of destination in order to better manage migration;  Discussing simplified entry procedures for specific categories of people, thus allowing smoother regular migration flows;  Giving support to the existing initiatives that encourage regular migration and commit ourselves to provide assistance to relevant projects in countries of origin;  Developing means of facilitating seasonal temporary migration between countries of origin and destination while taking into consideration the needs and rules of the labour markets and the protection of migrant labour;  Assisting African states to build capacity to develop national policies on mobility and migration, including measures regarding the employment of migrants and the implementation of regional free movement arrangements;  Cooperating in carrying out information campaigns directed towards potential migrants on legal migration and employment opportunities concretely available in the countries of destination.

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8. Illegal or irregular migration

 Extending support for building institutional capacity and developing projects in countries of origin and transit to combat illegal migration, migrant smuggling and trafficking in human beings;  Enhancing efforts to criminalise trafficking and smuggling in national legislation, to combat criminal organisations and to punish the perpetrators involved in smuggling and trafficking of human beings, as well as to offer protection and rehabilitation to the victims of trafficking in particular by implementing the relevant protocols of the UN Convention on transnational organised crime;  Implementing the Joint Africa-EU Action Plan to Combat Trafficking in Human Beings, Especially Women and Children;  Encouraging cooperation in all domains in the fight against illegal or irregular migration, including reaching agreements on the issues of return and readmission of illegal migrants to their country of origin within the context of existing agreements, instruments and arrangements and bilateral and multi-lateral agreements;  Cooperating to develop border control measures, including via cooperation between different national and regional bodies, training of border guards, recognition of the important role of the immigration liaison officers; and addressing the need for swift contacts between the EU and Africa in exceptional situations;  Cooperating in carrying out information campaigns, directed in particular towards the local population and youths in regions with high migration potential, on the risks and dangers of illegal migration and exploitation by trafficking networks.

9. Protection of refugees

 Ensuring effective protection for refugees and internally displaced persons, including via regional protection, implementation of relevant international and regional conventions relating to the status of refugees, and respect for the principle of non- refoulement;  Creating favourable conditions for the voluntary return of refugees and displaced persons to their homes, including by investing in post-conflict stabilisation and reconstruction programmes, and taking into account intra-African flows;  Ensuring those in mixed migratory flows in need of international protection are identified quickly, in co-operation with relevant international organisations;  Ensuring due access to asylum processes, including special attention to the vulnerable groups, especially to women and unaccompanied minors.

Financing

 Implementing the commitments made by the European Union to support the development efforts of countries of origin or transit, and within the wider framework of contributing to the achievement of the Millennium Development Goals (MDGs) and the EU commitment to collectively increase ODA to 0.56 % of GNI by 2010 and 0.7 % by 2015, and to allocate at least 50 % of the agreed increase to Africa;  Examining the feasibility of setting up a fund to implement measures set out in this Declaration. To this end the two sides decide to set up a Joint Working Group comprising representatives of AU and EU Commissions. The Joint Working Group will report to their respective Councils.

26 Follow-up mechanism

 The follow-up to this joint declaration should take place in the context of the Joint EU-Africa strategy and joint implementation matrix. This should include:

º Regular expert level troika meetings on migration and development issues; º Emphasis on exchanges of experiences and information on respective policies developed at the bilateral, regional and continental level by African states and organisations and on relevant policy initiatives and concrete actions by the European Union and its Member States within existing structures for dialogue in order to ensure coherence with other fields of cooperation; º Mandating the AU and EU Commissions to develop an implementation Roadmap for the Joint Declaration.  EU-Africa Ministerial Conference on Migration and Development should take place within three years to provide an initial review of migration and development in the context of the overall Africa-EU Dialogue;  Further developing dialogue in the framework of the Global Forum to be organised as a part of the follow-up to the UN High Level Dialogue on Migration and Development, including further work on migration and development within the UN system.

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