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