A Survey on Migration Policies in West Africa
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A Survey on Migration Policies in West Africa Second Edition Commissioned and funded by: A Survey on Migration Policies in West Africa Second Edition 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 • January 2016, second edition 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 Druckerei DGS Wien ISBN 978-3-902880-78-9 (digital version, English) ISBN 978-3-902880-77-2 (printed version, English) ISBN 978-3-902880-80-2 (digital version, French) ISBN 978-3-902880-79-6 (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 17 2.1 Data and key migration trends in the ECOWAS region 18 2.1.1 Socio-economic and geopolitical context 18 2.1.2 National migration data collection systems 19 2.1.3 Migration patterns and trends 20 2.2 Regional strategic framework on migration 34 2.2.1 ECOWAS Treaty 34 2.2.2 1979 ECOWAS Protocol relating to the Free Movement of Persons, the Right of Residence and Establishment and supplementary protocols 34 2.2.3 Right of entry 35 2.2.4 Right of residence 36 2.2.5 Right of establishment 37 2.2.6 Implementation of the protocols related to free movement 40 2.2.7 ECOWAS Common Approach on Migration 44 2.3 Migration policies in ECOWAS Member States 46 2.3.1 Institutional framework on migration 48 2.3.2 Immigration: national policy framework and institutional practices 50 2.3.3 Emigration: national policy framework and institutional practices 56 2.3.4 International, regional, and bilateral cooperation on migration 60 3. Concluding remarks and recommendations 63 3.1 Recommendations 66 3.2 References 67 4. Country Chapters 71 4.1 Benin 72 4.1.1 Migration trends 72 4.1.2 Migration policy 75 4.1.3 International, regional, and bilateral cooperation 85 4.1.4 References 87 4.1.5 List of interlocutors 89 4.2 Burkina Faso 90 4.2.1 Migration trends 90 4.2.2 Migration policy 93 4.2.3 International, regional, and bilateral cooperation 101 4.2.4 References 104 4.2.5 List of interlocutors 106 6 | A Survey on Migration Policies in West Africa 4.3 Cape Verde 107 4.3.1 Migration trends 107 4.3.2 Migration policy 110 4.3.3 International, regional, and bilateral cooperation 120 4.3.4 References 122 4.3.5 List of interlocutors 124 4.4 Côte d'Ivoire 125 4.4.1 Migration trends 125 4.4.2 Migration policy 129 4.4.3 International, regional, and bilateral cooperation 137 4.4.4 References 139 4.4.5 List of interlocutors 141 4.5 The Gambia 142 4.5.1 Migration trends 142 4.5.2 Migration policy 144 4.5.3 International, regional, and bilateral cooperation 151 4.5.4 References 153 4.5.5 List of interlocutors 155 4.6 Ghana 156 4.6.1 Migration trends 156 4.6.2 Migration policy 159 4.6.3 International, regional, and bilateral cooperation 169 4.6.4 References 171 4.6.5 List of interlocutors 173 4.7 Guinea 174 4.7.1 Migration trends 174 4.7.2 Migration policy 176 4.7.3 International, regional, and bilateral cooperation 181 4.7.4 References 183 4.7.5 List of interlocutors 184 4.8 Guinea-Bissau 185 4.8.1 Migration trends 185 4.8.2 Migration policy 189 4.8.3 International, regional, and bilateral cooperation 195 4.8.4 References 196 4.8.5 List of interlocutors 198 4.9 Liberia 199 4.9.1 Migration trends 199 4.9.2 Migration policy 202 4.9.3 International, regional, and bilateral cooperation 209 4.9.4 References 211 4.9.5 List of interlocutors 213 4.10 Mali 214 4.10.1 Migration trends 214 4.10.2 Migration policy 217 4.10.3 International, regional, and bilateral cooperation 227 Contents | 7 4.10.4 References 230 4.10.5 List of interlocutors 232 4.11