ASSESSMENT OF THE IMPLEMENTATION OF THE ECOWAS FREE MOVEMENT PROTOCOL IN GHANA AND SIERRA LEONE ACKNOWLEDGEMENTS This study is part of the project "West Africa - Migration and Development, Partnership for Rights-based Governance This research report is an output of the MADE West African project, funded by the European Union. of Migration and Mobility" or MADE West Africa which is funded by the European Commission. The project was implemented by the MADE West African project core partner in Ghana, the Centre for The "Migration and Development West Africa project, Partnership for a Governance of Migration and Rights- Migration Studies (CMS) at the University of Ghana. CMS would like to thank officials of the various state Based Mobility" or MADE West Africa which is funded by the European Commission was launched by AFFORD organisations and social partners interviewed in Ghana and Sierra Leone. CMS is also indebted to the (African Foundation for Development), the Centre for Migration Studies (University of Ghana), the FORIM (Forum following research assistants for their roles in data collection, transcription and translations: Dr. Ebenezer of International Organizations of Migration Issues) and ICMC Europe (International Catholic Migration Commission). Nikoi, Kpadam Opuni, Diana Assuman, Shelta Gatsey, Gabriel Kwao and Theophilus Abutima for the Ghana MADE West Africa's general objective is to promote good governance of migration and mobility, as well as the pro- research and Herbert Smith, Daniel Anane Kumi and Iddrisu Koroma for the Sierra Leonean research. We tection of the rights of migrants in the ECOWAS region, in order to increase the benefits of migration and mobility are also thankful to Mr Francis Kamara of Sierra Leone for assisting us in various ways during this research. on development. This objective is achieved through an in-depth three-year work (2017-2020) on six pilot countries, We are grateful to the International Catholic Migration Commission Europe for the effective coordinating namely Burkina Faso, Ghana, Guinea, Senegal, Sierra Leone and Togo, in three pillars: role during the various stages of this research. • The implementation of the ECOWAS Free Movement Protocol; • Respect for the rights of migrant workers; and • Maximizing the contribution of diaspora to the development of countries of origin. The first component of the project (the implementation of the ECOWAS Free Movement Protocol) is being imple- mented by the Centre for Migration Studies (University of Ghana), and focuses on two case-study countries, Ghana and Sierra Leone. The Centre for Migration Studies was established in November 2006 and formally launched in November 2007 at the University of Ghana to undertake research, teaching, training, capacity building, policy assessment, development LIST OF FIGURES and dissemination in the area of migration. CMS is the first Centre in the West African sub-region and is seeking to be a regional leader in learning, teaching and research and is suitably located in the Faculty of Social Sciences. Its mission is to serve as a leading Centre for the Figure 1.1: Map of the West African Region 10 study of contemporary and future migration dynamics within and outside Ghana through a strategic and integrated approach. CMS’s vision is to have an informed nation conscious of the role of migration in wealth creation and devel- opment as well as its socio-economic and cultural determinants and consequences. LIST OF TABLES Autors : Mariama Awumbila, Joseph Teye and Ebenezer Nikoi Table 1.1: Key Demographic and Economic Indicators, 2016 13 The contents of this report are the sole responsibility of the authors and can in no way be taken to reflect the views of the European Union or the International Catholic Migration Commission (ICMC). Table 2.1: Stock of ECOWAS Immigrants and Emigrants 14 Table 2.2: Stock of ECOWAS Immigrants by top four countries of Origin 15 Table 3.2: Status of Ratification of the ECOWAS Free Movement Protocols 20 © ICMC Europe 2018 as part of the MADE West Africa project (coordinated by ICMC, AFFORD, CMS & FORIM) Table 5.1a: A diagnosis of implementation record of ECOWAS Free Movement Protocol in Sierra Leone 60 All rights reserved. No part of this work may be reproduced, archived or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the publisher. Table 5.1b: A diagnosis of implementation record of ECOWAS Free Movement Protocol in Ghana 62 TABLE OF CONTENTS LIST OF FIGURES 5 IV. CHALLENGES AND GAPS IN THE IMPLEMENTATION OF THE ECOWAS PROTOCOL ON FREE MOVEMENT 27 LIST OF TABLES 5 Introduction 27 EXECUTIVE SUMMARY 6 Refusal of Admissionand Legal Discrimination 27 ACRONYMS 7 Harassment of migrants at borders 28 I.INTRODUCTION AND METHODOLOGICAL ISSUES 8 Lack of travel documents and residence/ work permits 33 Introduction 8 Challenges with harmonisation of immigration procedures and documents 35 Objectives 9 Low Level of Knowledge about ECOWAS Protocols 36 Methodology 9 Resource Constraints and Border Management Challenges 38 II.THE CONTEXT FOR LABOUR MIGRATION IN WEST AFRICA 11 Misunderstanding of patterns of intra-regional migration and fears of competition 39 Introduction 11 Security and Health Concerns 41 The socio-political and economic context of migration within West Africa 11 Data and Labour Market Information Challenges 42 Migration in West Africa 14 Weak Cooperation in areas of joint training and data sharing with other ECOWAS countries 43 ECOWAS Free Movement Protocol and Supplementary Instruments 15 Economic Challenges and Political Instability 45 III. IMPLEMENTATION AND GOOD PRACTICES OF THE ECOWAS FREE MOVEMENT PROTOCOL IN GHANA AND SIERRA LEONE 18 The Role of Non-Governmental and other Organizations in the Implementation of the ECOWAS Free Movement Protocol 45 Introduction 18 The Borderless Alliance 46 Record of Implementation of the Free Movement Protocols in Ghana and Sierra Leone 18 African Centre for Economic Transformation (ACET) 46 Media Organisations 46 Good Practices and Examples of Effective Implementation of the ECOWAS Protocol in Educational Institutions 46 Sierra Leone and Ghana 20 International Organisations 47 Knowledge about intra-regional flows of migrants 20 V. SUMMARY, CONCLUSIONS AND TRAINING NEEDS 48 Recognition of the contributions of ECOWAS immigrants to socio-economic development Introduction 48 of host countries 22 Summary 48 Development of national migration policies for migration governance 24 Diagnosis of Implementation record of ECOWAS Free Movement Protocol in Ghana and Sierra Leone 50 Protection of the rights of migrants and their families 24 Conclusions 53 Cooperation with other ECOWAS Countries 25 References 54 Efforts to harmonize travel documents 26 Mutual recognition of academic certificates and reduction of fees for ECOWAS students 26 4 Assessment of the implementation of the ECOWAS free movement protocol in Ghana and Sierra Leone 5 EXECUTIVE SUMMARY This assessment examines the gaps and challenges to the implementation of the ECOWAS Protocol on Free flows, especially in Sierra Leone; weak labour market information system, especially in Sierra Leone; lack of Movement, with particular reference to Ghana and Sierra Leone. The study was conducted within the frame- opportunities for joint training and border management; and economic challenges and political instability in work of the MADE West Africa Project which is financed by the European Union and aims to promote good the ECOWAS region. Lack of effective mechanisms for dealing with Member States that violate migrants’ rights governance of migration and mobility and protection of migrants’ rights in the ECOWAS Region. The report was is also a challenge to the implementation of the protocol. based on a desktop review, thematic analysis of relevant administrative records and in-depth interviews with In view of these findings, a number of recommendations are made for promoting free movement in the ECOWAS selected ECOWAS migrants and officials of institutions/agencies responsible for managing migration in Ghana sub-region. Training needs are also identified in the two countries. We finally conclude that the future imple- and Sierra Leone. mentation outcomes of the ECOWAS protocol depend largely on the commitment of the Member States and The assessment reveals that intra-regional migration is an integral part of livelihoods in the ECOWAS region. financial support that they receive from ECOWAS and its development partners. While ECOWAS must continue While all the countries in the sub-region receive migrants and at the same time send out migrants, countries to lobby states to implement agreements and protocols, mechanisms must also evolve to deal with states that in the Sahel zone (e.g. Burkina Faso, Mali, and Niger) are the dominant migrant sending areas while the more continue to violate the rights of citizens and migrants. prosperous countries in the coastal zone (e.g. Cote d’Ivoire, Ghana and Nigeria) are the migrant receiving areas. Proximity, colonial legacy, common official language and ethnic ties still determine the choice of destination for many ECOWAS migrants. Many Sierra Leonean migrants travel to neighbouring countries, such as Guinea, Liberia and Ghana, while Ghanaians also mainly migrate to Nigeria and Cote d’Ivoire. With regards to the implementation of the ECOWAS Free movement Protocol, both Ghana and Sierra Leone have made modest progress in the implementation of the Phase 1 (Right of Entry)