East African countries and open borders

It’s not uncommon to find a Ugandan taxi driver in Rwanda’s capital, Kigali, just as one regularly meets Zimbabwean Uber drivers in South Africa. But there is a big difference. A Ugandan working in Rwanda most likely has a secure legal right to be there, whereas Zimbabweans working in South Africa are often uncertain of their current or future legality.

East Africa has made greater strides towards the free flow of people crossing borders and seeking work than most of Africa. Only the Economic Community of West African States (Ecowas) is in the same league.

While the African Union’s Free Movement of Persons protocol has faltered at a continental level, some of the regional economic communities have made progress. The Southern African Development Community (SADC) allows visa-free travel across almost all its borders.

Ecowas and the East African Community (EAC) have driven ambitiously towards regional common markets including the freeing up of job-seeking, residential settlement and business development across the borders of member states.

The New South Institute, a think-tank focused on governance reforms in the global south, is nearing the end of a research programme on migration governance reform in Africa. Our new report is on East Africa.

We have found that unlike much of the global north, the African continent is moving towards more open borders for people. In some of the global south the promise of economic growth outweighs political fears. Yet progress is slow, and not coordinated. Mostly migration reform happens in regions and between neighbours.

The progress in the East African Community is particularly notable compared with other African regional communities. We identify a number of reasons for this, including strong leadership and co-operation between state and non-state actors.

The commitment to free movement

The East African Community adopted its Common Market Protocol in 2010. The bloc is made up of Tanzania, Uganda, Kenya, Rwanda, Burundi, South Sudan, the DRC and Somalia.

The regional body’s common market pact includes the movement of goods, services, capital and people. It gives people the right – on paper at least – to find employment across borders, the right to reside and the right to establish a business. There is also a commitment to the harmonisation and mutual recognition of academic and professional qualifications and labour policies to ease mobility.

Even before the common market protocol, the regional bloc began to establish one-stop border posts on many of its internal borders to facilitate the flow of goods and people. Though they don’t all operate the same way or equally well, they have been successful at easing movement.

Uneven outcomes

The common market’s impact on the movement of people has been uneven within the region. Most integrated are Uganda, Kenya and Rwanda, which allow the cross-border movement of citizens with standardised identity documents – they do not need passports.

It is also relatively easy to get jobs across these borders.

Tanzania and Burundi are close to the inner circle but still require passports, though no visas. The three states which joined more recently, South Sudan, the DRC and Somalia, are all fragile states with governance systems that do not always meet the standards needed for acceptance into all the privileges of the regional bloc.

In practice there is differential treatment. Generally, it is more difficult for citizens of the three latecomers to get regular access and jobs in their regional partners.

Another limitation when it comes to the mobility of people is that little progress has been made in the formal harmonisation of education, health and social welfare systems between member states. This inhibits job seeking across borders.

In addition, national labour laws, which tend to require permits for foreigners, still apply to varying degrees in the region. Some countries are more permissive. For example, Kenya, Uganda and Rwanda have a reciprocal no-fee work permit agreement.

Another shortcoming has been that the outcomes of court processes in enforcing the freedom of movement have been disappointing. This is so even though the regional bloc has an active East African Court of Justice. Its legal mandate includes the enforcement of the bloc’s treaty and its protocols.

In some cases the court has found that national actions inhibiting the movement of persons were trumped by the regional protocol. It has instructed the errant governments to comply. But its ability to enforce the decisions is minimal.

Reasons for success

Leadership has been important. The fact that the strongest economy in the region, Kenya, has been part of the leading echelon is significant.

Rwanda and Uganda have led by example too. Rwanda was one of the first countries on the continent to offer visa-free entry to all other African countries. For its part, Uganda is widely admired for its refugee inclusion programmes.

Another factor outlined in our report has been the opportunity for collaboration fostered by relationships between formal institutions, such as governments, and non-state actors such as the International Organisation for Migration. Interactions between these various players have created opportunities for officials and policymakers from states of the region to meet, discuss issues of concern, and develop relationships of trust and understanding.

Another non-state donor-funded actor, TradeMark Africa, which was established in 2010 to support in the implementation of the common market in east Africa, provided considerable support. For example it supported the implementation of the regional One-Stop Border Post programme..

Way forward

Based on our report we identified changes that could make a positive difference.

Firstly, the development of reliable, harmonised systems in the region to collect and manage data on population mobility and employment. This would build confidence that policy was being made on the basis of reliable information.

Secondly, reducing friction in cross-border monetary transactions, including migrants’ remittances. This would make it easier for migrants to send some of their income to their countries of origin.

Thirdly, improvements to population registers, identity documents, passports and cross-border migration management systems. Improvements would build mutual trust in the integrity of systems and pave the way for further commitments to lowering migration barriers.

Fourth, cooperation on cross-border access to social services such as health and education. This is one of the most important intermediate steps towards freeing up mobility for the citizens of the region.

Fifth, reconsidering some of the amendments made to weaken the East African Court of Justice in 2007. This would strengthen the de jure powers of the court, adding considerably to the entrenchment of cross-border rights in the region.

Ultimately, the key constraint in the region is political and security instability, which holds back social and economic development. Nevertheless, incremental progress on mobility is possible despite issues in the fragile states, even though it may result in asymmetric progress within the East African Community.