Multilateral Framework Governing Movement of Persons: GATS in Focus

The WTO’s General Agreement on Trade in Services is among the three tiers of regimes governing mobility of persons in which it is treated as one mode of service delivery. This regime is important in shaping the rules on mobility matters in Africa at the continental, sub regional and country level as 44 of the AU members states are also members of the WTO. While great strides have been taken in liberalizing services trade under the WTO, progress in the movement of persons—mode 4—has been limited due to various factors. To start with, mode 4 covers limited category of persons—service providers, which is further affected by the preference given to high skilled persons by WTO members when making specific commitments. There is also a distinction to be made between those persons that are accessing the employment market of the host state and those that are providing service as employee of a service provider—which is not an easy task. The absence of authoritative definition of the term ‘temporary stay’ contributes to the ambiguity in making such distinction. Moreover, not knowing the exact time frame which would make a particular stay temporary leads to reluctance on the part of the member states to extend market access under mode 4. LDCs within the WTO system are given a special place in order to support them integrate into the world trading system. When it comes to services trade, the WTO member states agreed to extend preferential market access to services sectors of export interest to LDCs. This is a move in the right direction from the point view of integrating the LDCs to the world services trade. However, the mismatch between what is requested by the LDCs and what the non-LDC members have promised to extend preferential treatment for services of LDCs makes one wonder if the aim can be achieved.