Introduction
The Economic Community of West African States (ECOWAS) has greatly advanced the integration of the member states’ citizens compared to the Southern African Development Community (SADC). This is because of the success of the ECOWAS in creating and operationalizing ECOWAS citizenship. The ECOWAS citizenship tends to differentiate ECOWAS from other Regional Economic Communities (RECs) in Africa. This commentary focuses on lessons to be learnt by SADC from ECOWAS citizenship.
What is ECOWAS Citizenship
In the Advisory Opinion Regarding the Proposed Amendments to the Naturalisation Provision of the Constitution of Costa Rica,[1] the Inter-American Court of Human Rights stated that citizenship is a legal relationship between a person and a state. This definition is no longer strictly relevant. Currently, RECs may create regional citizenship, as with the ECOWAS and the European Union (EU). ECOWAS grants community citizenship to citizens who are primarily citizens of ECOWAS member states.
ECOWAS is the only REC in the African continent that established community citizenship in 1982. Also, ECOWAS was the first REC to create citizenship, followed by the EU in 1992.[2] ECOWAS citizenship is established under Article 1 of the ECOWAS Protocol A/P3/5/82 Relating to the Definition of Community Citizen.Persons who can acquire ECOWAS citizenship are nationals of the ECOWAS member states.[3] ECOWAS citizenship can cease once a person ceases being a citizen of a member state; when a citizen is sentenced in any member state for any crime considered of grievous nature in the ECOWAS; when it becomes evident that a person did not meet the requisite conditions for the acquisition of citizenship; and when the citizenship was obtained through fraud as provided in Article 2 of the ECOWAS Protocol A/P3/5/82 Relating to the Definition of Community Citizen.
The Benefits of ECOWAS Citizenship
Several benefits are accorded to individuals who have acquired ECOWAS citizenship. Such benefits are associated with ECOWAS citizenship. The benefits of ECOWAS citizenship are discussed hereunder.
- Possession of ECOWAS Travel Certificate; ECOWAS citizenship comes with the privilege of being issued a travel certificate. ECOWAS travel certificate is established under Article 1(1) of the Decision A/Dec. 2/7/85 of the Authority of Heads of State and Government of the ECOWAS States Relating to the Establishment of ECOWAS Travel Certificate for Member States of 1985. The ECOWAS travel certificate is a travel document that regulates cross-border movements in the ECOWAS region instead of passports issued by member states’ authorities.[4] The travel certificate is valid for two years and renewable for a further two years. Therefore, ECOWAS is the only REC across the globe that has formulated a regional travel document.[5] ECOWAS travel certificate has been an important factor towards the promotion of mobility of labourers and persons in line with Protocol A/P 1/5/79 Relating to Free Movement of Persons, Residence and Establishment of 1979. Different individuals have been able to freely move in and out of ECOWAS member states. Furthermore, the travel document has led to the abolition of visas in ECOWAS.
- Local Integration to Refugees who are ECOWAS Citizens; the official figures from the United Nations High Commissioner for Refugees (UNHCR) indicate that by the end of 2024, the refugee population in ECOWAS will reach 13.8 million. The refugee problem in ECOWAS is associated with civil wars, military conflicts, terrorism, extremist jihads, and frequent coups.[6] ECOWAS citizenship plays a significant role in the management of refugees in the region. The ECOWAS citizens who have run away from member states remain ECOWAS citizens, and they are granted preferential treatment by virtue of that status.[7] Such refugees are granted with preferential treatment by virtue of ECOWAS citizenship. As a result, such refugees are locally integrated instead of being in encampments.
- The Right to Free Residence for ECOWAS Citizens; the ECOWAS accords preferential treatment on the right to residence to ECOWAS citizens in comparison with non-ECOWAS citizens. ECOWAS citizens enjoy the right to free residence in the ECOWAS member states. Article 2 of the Supplementary Protocol A/SP. 1/7/86 on the Second Phase (Right of Residence) of 1986 requires the member states to grant to Community citizens who are nationals of other member states the right of residence in their territory to seek and carry out income-earning employment. As a result, ECOWAS citizens are not exposed to stringent conditions while claiming the right to freedom of residence, as is the case for non-ECOWAS citizens.
The Visa-Free Entry and the Non-Requirement of Residence Permit in 90 Days; an ECOWAS citizen may visit any ECOWAS member state without being required to possess a valid visa. This is because all ECOWAS member states have abolished the requirement of visas for all ECOWAS citizens. The abolishment of the visa requirement does not mean that ECOWAS citizens are not required to possess valid travel certificates and other important documents, such as an international health certificate.[8] Furthermore, an ECOWAS citizen may freely reside in any ECOWAS member state for a period not exceeding 90 days without being in possession of a residence permit. However, such citizens shall be required to obtain a valid residence permit from the relevant national authority of a member state for an extension of stay. If, after such 90 days, that citizen has to reside for more than 90 days.
The Strengthening of the Spirit of Brotherhood to the People of West Africa; the creation of ECOWAS citizenship has led to the strengthening of the spirit of African socialism, also known as ubuntu, among the people of West Africa. This is because ECOWAS citizenship has given the people a sense of belonging together. ECOWAS citizenship helps in bringing together people with similar and common culture and traditions in terms of Bantu languages, dressing style, and food. This is essential in regional cooperation among the people. Despite having different nationalities, all persons are brought together under one citizenship.
Concluding Remarks
The SADC has several goals in its journey to become one of the highly developed RECs in the African Continent. The level of achievements in regional integration in SADC can be expanded with the creation of SADC citizenship, as it is with ECOWAS citizenship. The SADC region is yet to establish a community citizenship, and the idea of community citizenship is not provided for in the laws governing the SADC integration. It would be beneficial for the SADC region to establish SADC citizenship. This would enable SADC to strengthen the mechanisms of managing the refugees, such as the refugees from the Democratic Republic of Congo (DRC). Also, community citizenship would be beneficial in avoiding some of the challenges that distort the free movement of laborers and persons in the SADC region. This would ultimately foster the level of integration in the SADC region.
[1] Advisory Opinion Regarding the Proposed Amendments to the Naturalization Provision of the Constitution of Costa Rica [1984] IACHR 137 1984.
[2] Amalie Ravn Weinrich, ‘Regional Citizenship Regimes from Within: Unpacking Divergent Perceptions of the ECOWAS Citizenship Regime’ (2013) 61(1) J. of Modern African Studies, 117.
[3] Amanda Bisong, ‘Trans-regional institutional cooperation as multilevel governance: ECOWAS migration policy and the EU’ (2019) 45(8) Journal of Ethnic and Migration 1294.
[4] Organisation for Economic Cooperation and Development (OECD) Regional Challenges of West African Migration: African and European Perspectives, (OECD Publishing 2009).
[5] Atah Pine and Ochoga Edwin Ochoga, ‘The Pros and Cons of the ECOWAS Protocol on Free Movement of Persons: A Conceptual Discourse’(2024) 2(2) Journal of Political Discourse 265.
[6] Godwin Okafor, ‘The Impact of Political Instability on the Economic Growth of ECOWAS Member Countries’ [2017] Defence and Peace Economics 208.
[7] Aderanti Adepoju, Alistair Boulton and Mariah Levin, ‘Promoting integration through mobility: Free movement under ECOWAS. (United Nations High Commissioner for Refugees-UNHCR, 2009) <http://www.unhcr.org/49e479c811.pdf> accessed 22 January 2025.
[8] Thomas Yeboah and others ‘The ECOWAS Free Movement Protocol and Diversity of Experiences of Different Categories of Migrants: A Qualitative Study’ (2021) 59(3) International Migration, 228.
