In our #Africa101 series, we covered the basics of the African Continental Free Trade Area (AfCFTA), and we’ve previously discussed how its implementation could be transformative for the continent. A critical pillar of the AfCFTA is free movement, an often misunderstood concept that, if rolled out successfully, could fundamentally change life for over one billion Africans.
With Kenya and Rwanda making moves in 2023 to remove all visa requirements for Africans, could free movement become a reality in the coming years?
What is “free movement”?
The concept of "free movement" refers to the right of individuals to move and reside freely within a country or region without any legal, political, or administrative barriers. Free movement is often pursued by governments as a way to encourage trade, increase economic growth, and promote regional integration. The term originated in the European Union as part of its single market policy, which allows EU citizens to live and work in any EU member state without the need for a work permit or visa.
The concept is often conflated with a misguided idea of “open borders” where it's assumed there are no checkpoints or rules. It’s this scenario that’s used in arguments advocating against streamlined migration procedures (we’ll discuss other misconceptions shortly).
In reality, free movement still requires a traveler to have valid identification to cross a border. It simply means that with the correct documentation, a traveler should be able to cross into a new territory or region swiftly and efficiently – without the need to secure a visa, pay a fee, or face other administrative burdens.
How the AfCFTA envisions free movement
Some regions in Africa already employ systems of free movement: The ECOWAS region in Western Africa is one such example, with protocols having been adopted in the late 1980s. Bilateral and multilateral agreements between countries have also facilitated easier movement of people, but at present, there does not exist a common continent-wide system.
The AfCFTA includes provisions for free movement of people through its Protocol on the Free Movement of Persons, which seeks to create a visa-free regime for African citizens traveling within the continent, as well as to harmonize and simplify immigration and residency procedures. The protocol also seeks to enhance the rights of migrants, promote the recognition of qualifications and skills across borders, and prevent discrimination against migrant workers.
The implementation of the Protocol on the Free Movement of Persons is set to be phased in over several years, with some countries initially offering visa-free access to citizens of other African countries, while others will require visas for certain categories of travelers. The AfCFTA also has ambitions to establish a continental passport and an African visa-free travel area to facilitate free movement of people.
Enforcing the free movement provisions of the AfCFTA will require collaboration between African countries and the development of mechanisms for monitoring and reporting on compliance. The AfCFTA Secretariat, established to oversee the implementation of the agreement, will play a key role in coordinating efforts to promote free movement and address any challenges that arise.
Misconceptions of free movement
As discussed above, one common misconception of the term "free movement" is that it means an open-door policy for all travelers – documented and not. However, in the context of the AfCFTA, free movement refers to the movement of businesspeople, professionals, traders, and skilled workers across African borders to promote economic growth and development. In spite of the reality, this misconception has likely contributed to the slow ratification and implementation of free movement across the continent, with just 24 countries (or about 40% of the continent) offering eVisas to Africans and other travelers.
Another common misconception is that free movement only benefits the receiving countries, as it leads to increased competition for jobs and resources. However, the benefits of free movement are mutual: It allows countries to tap into a wider pool of skilled labor, increases the mobility of goods and services, and encourages cross-border investment. Free movement can, according to a 2018 World Bank report, lead to shared prosperity and inclusive economic growth for all participating countries.
Finally, some people may believe that free movement is a new concept, when in fact it has been implemented in various forms in different regions of the world for decades. For example, the EU’s free movement policy traces its origins to the Treaty of Rome in 1957 and subsequently the Treaty of Maastricht in 1992 and allows citizens of member states to live and work in any other member state without restrictions.
The EU has become highly integrated over the decades, and the African Union (AU) remains extremely decentralized. But it’s important to recognize and address these misconceptions to promote a better understanding of the concept of free movement and its potential benefits for African countries and their citizen
President Kagame and President Kenyanta take a closer look at the new international East African e-passport launched at the 17th Summit of EAC Heads of State (Paul Kagame/ Flickr)
Schengen didn’t happen overnight
As noted above, the EU's Schengen Zone is an example of a region that implemented free movement policies. The Schengen Agreement, signed in 1985, aimed to create a common area of free movement without internal borders, allowing for the free movement of goods, services, and people. The agreement came into effect in 1995, and currently, 26 European countries are part of the Schengen Zone.
However, the implementation of the Schengen Agreement was not without challenges. One of the major hurdles was ensuring the security of the external borders of the Schengen Zone. As the internal borders were removed, it became essential to strengthen the external borders to prevent undocumented immigration and the entry into the zone of individuals who posed a security risk.
Points of entry needed to harmonize procedures and regulations. To address this, the EU created the Schengen Information System (SIS), which allows for the sharing of information between countries regarding individuals and objects that may pose a security threat. In 2013, a second generation of the system was deployed, which was capable of processing fingerprints and photos. Additionally, the EU created Frontex, a European border and coast guard agency that aims to ensure the security of the external borders of the Schengen Zone.
Another challenge to implementing free movement policies was the differences in labor markets between countries. To address this, the EU created the European Social Fund, which provides skills training and financial support to countries to help them adjust to the free movement of workers.
While the implementation of the Schengen Agreement faced significant challenges, the EU was able to overcome them through cooperation, the creation of new agencies, and financial support to help countries adjust to the new policies. While the implementation of the AfCFTA’s Protocol on the Free Movement of Persons is still in its infancy, the continent can anticipate some of the challenges ahead and be better prepared to manage them.
Challenges and recommendations
Africa is a vast continent, and member nations of the AU span the gamut of economic development and administrative capacity. While recent history and agreements have demonstrated a renewed interest in greater continental integration, there still remain several key challenges to overcome.
Infrastructure, infrastructure, infrastructure
One of the major, persistent, and overarching challenges that Africa faces in implementing the Free Movement Protocol of the AfCFTA is inadequate infrastructure – from physical to bureaucratic to digital. To address this challenge, governments should prioritize investments in better roads, airports, and other infrastructure that can facilitate the movement of people and goods across borders.
Countries can also leverage private sector investment by providing incentives such as tax breaks and other financial incentives. The African Development Bank has advocated strongly for the continent on the global financial stage, as recently as April 2023 calling for increases in foreign investments. The message was clear: Investing in Africa is profitable.
Lack of standardization in immigration policies and procedures
One example of a lack of standardization is the differing visa policies between Nigeria and South Africa, which have caused difficulties for Nigerians traveling to South Africa for business or study, resulting in economic loss and diplomatic tensions.
According to the United Nations Economic Commission for Africa (UNECA), this lack of harmonization leads to difficulties in cross-border movement, including long waiting times, multiple document requirements, and inconsistent enforcement of rules. Additionally, the African Development Bank notes that these issues have led to increased costs for migrants, particularly for those in vulnerable populations, such as refugees and asylum-seekers.
To address this challenge, the African Union can work to establish a common framework for immigration policies and procedures. For example, the AU could establish a standardized visa application process, which would help to reduce bureaucracy and increase transparency.
Security
The free movement of people across borders can make it more difficult to maintain security and prevent crime. Security concerns in Burkina Faso, Mali, and Mozambique have impacted their governments' positions on free movement. The terrorist threat has been used as a justification for not implementing the free movement protocol of the AfCFTA, citing the risk of terrorists moving around undetected. In addition, some countries have strengthened their border controls and adopted stricter immigration policies to address the security challenges.
The specific terrorist groups noted in these countries are:
Burkina Faso: Ansarul Islam, Islamic State in the Greater Sahara (ISGS), Al-Qaeda in the Islamic Maghreb (AQIM), and Jama'at Nasr al-Islam wal Muslimin (JNIM).
Mali: Jama'at Nasr al-Islam wal Muslimin (JNIM), Al-Qaeda in the Islamic Maghreb (AQIM), and Islamic State in the Greater Sahara (ISGS).
Mozambique: Ahlu Sunnah Wa-Jama (ASWJ), also known locally as Al-Shabaab, although it has no direct affiliation with the Somali-based group of the same name.
To address this challenge, governments could work together to establish common security protocols and invest in technology that can help to monitor borders and prevent illegal activity. One starting point could be establishing a common database of individuals who have been flagged for security reasons, which could be shared among member states to prevent dangerous individuals from entering the continent.
Burkina Faso Army leadership receive training on Flintlock, which provides military training opportunities that help foster relationships, peace, security, and cooperation, 2019. (Defense Visual Information Distribution Service)
Political resistance
In some cases, political leaders may be hesitant to implement free movement policies due to concerns about national security, job displacement, or cultural differences – even though studies have shown net benefits to such movement policies.
To address this challenge, governments could work to build public support for free movement policies by emphasizing these economic benefits and developing policies to mitigate negative impacts on employment or culture, such as providing job training programs or investing in cultural exchange programs.
Data management
In order to effectively implement free movement policies, governments need access to reliable data about population flows and migration patterns. To address this challenge, governments can invest in data collection and management systems that can help to track population movements and identify potential security risks.
Funding for this could come from the African Union, African Development Bank, The World Bank, or other major organization. Sharing data and establishing common protocols for data management would reduce duplication of effort and increase the accuracy and reliability of data.
There is also a resource in the UN International Organization for Migration (IOM), which has worked with African governments to provide technical assistance and support for the adoption of free movement policies. IOM has also implemented initiatives to promote the benefits of free movement and address the concerns of host communities, including providing information on the rights of migrants and encouraging dialogue between governments and stakeholders.
Final note
The implementation of the Free Movement Protocol under the AfCFTA would have significant social, political, and economic benefits for the African continent.
According to the African Development Bank, the free movement of people could increase intra-African trade by 52%, while The World Bank estimates that it could increase incomes by 9% and lift 50 million people out of poverty. Additionally, increased mobility would enhance cross-cultural understanding and cooperation, and could lead to increased stability and development.
While the challenges to implementing free movement in Africa are significant, they are not insurmountable, and the EU faced many similar obstacles prior to the implementation of the Schengen Zone. By investing in infrastructure, standardizing immigration policies and procedures, addressing security concerns, building public support, and improving data management, governments can work together to create a more integrated and prosperous Africa.
Are you interested in better understanding how the dynamics of today’s Africa will affect politics, economics, and investment opportunities in the year to come? Contact us today.