Labour Mobility Under the RECs in Eastern and Southern African Countries

Parallel to the continental level, the RECs found in Eastern Africa region have also put in place the legal framework needed to ease the intra-regional mobility of persons. All the three RECs considered in this chapter- COMESA, EAC and SADC- aim at creating a territory where goods, service and people move freely. Steps in the realization of this aim have also been taken as there are attempts at putting together the necessary subsidiary legislations and institutional frameworks. There is, however, disparity among the three RECs when it comes to the actual implementation. In this regard, the EAC is the best performer in achieving its integration goals as reflected in its founding treaty. The subsidiary legislations put in place have created predictability of the policy environment, and a well-functioning regional court is set up to ensure State Parties comply with their commitments. COMESA and SADC, on the other hand, lag behind as the subsidiary legislations on movement of persons are yet to be ratified. In the case of SADC, unlike the other two RECs, implementation of anyone of the movement categories is made subject to availability of relevant national laws and immigration policies. The obligations contained in the protocol are much more diluted as they focus on facilitating mobility through cooperation rather than promotion. Moreover, there is no functioning judicial organ in SADC that will look into compliance of commitments by the member states. As these three RECs have the largest overlap of membership, which is recognized as one of the challenges in the integration process in Africa, formation of a tripartite FTA started in 2008. This tripartite FTA includes easing movement of persons as one of its objectives, though this was pushed to the sidelines subsequently. In 2011, it was declared that negotiation on movement of business persons will continue on a separate track, following which a tripartite technical committee on MBP was set up, which later decided to develop a separate legal instrument. The implication is that the legal instrument will have its own institutional framework overseeing monitoring and implementation, entry into force and other related matters-requiring its own ratification. Considering the time span it takes African countries to ratify treaties, one can only imagine how long it will take for entry into force of this instrument.